04-542Council File # _5��
RESOLUTION
OF SAIlVT PAUL, MINNESOTA
Presented By:
Ref'erred To: Committee:Date:
�3
1 WHEREAS, the City of Saint Paul, Police Department, has been awarded a Safe and Sober Grant for
2 conducting a May Mobilization program to increase compliance with passenger protection laws by using
3 enhanced enforcement coupled with education and media relations; and
4
5 BE TT RESOLVED, that the Saint Paul City Council accepts this grant and authorizes the City of
6 Saint Paul to enter into, and Chief William Finney to implemeut the attached agreement with the
7 Minnesota Department of Public Safety, whieh includes an indemnification clause. A copy of said
8 agreement is to kept on fde and on record in the Office of Financial Services.
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
Benanav
Thune
Adopted by
Adoption G
B
Approved
�y:
Safe &
✓
L• Date: / , � a0//z�
by Council Secretary:
May 1-Jun�3�, 2004 Grant
Requested by Department of:
POIiC¢
$y: '�(.� �,+ � —!
Form Appr�ved by ty Attorneyc
B
By:
Services
266-5588
ASAP with ¢reen sheet 206631.
TOTAL # OF SIGNATURE PAGES
4/16/04
I V �PiiAiTORtlf!
�FlNNCWL SERVICES MR
�YOR (OR 0.5515iMRJ
No. " 206630
iNmawnre
5 oncouxa�
❑CRYCLERK �
�FPIANLNL SERV/ACCiG
� R16R5
(CLIP ALL LOCATIONS FOR SIGNATURE)
REQUES7ED
Approval of the attached council resolution accepting a Safe and Sober grant from the Minnesota Depaztment of
Public Safety and authorizing the City of Saint Paul to enter into, and Chief William Finney to implement the attached
agreement with the Minnesota Departrnent of Public Safety.
Note: The council resolutions from green sheets 206630 aad 206631 must be on the same City Council agenda
date. The council resolution for green sheet 206630 must be listed direcUy before the council resolution for
green sheet 206631.
or
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
Nas Ihis personmrtn ever worked under a Poniract fw this department?
YES NO
Has this personffirm ever been a ciry employee?
YES NO
Does this personffrm possess a sltill not normally possessetl by any cuvent city employee�
YES NO
Is this personffirtn a targeted ve�doR
VES NO
plain all yes answers on separete sheet and attach to green sheet
The State of Minnesota has awazded a Safe and Sober grant to the City of Saint Paul, Police Department,
for conducting a May Mobilizafion program to increase compliance with passenger protection laws by
using enhanced enforcement coupled with education and media relaflons.
Abiliry to accept grant funds availabie to increase compliance with passenger protecrion laws.
�������
None ����, ��� � � `
�A'� � � ��fl� E�
flGES IF NO7 APPROVED
Lost opportunity to increase compliance with passenger protecuon laws by using grant funds available.
IOUN7 OF TRANSACTION 5 9,000
SOURCE $[3tE Of M1IIIlCSOf3
INFORMATION (EXPLAIN)
COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
AC71VI7Y NUMBER 436-34147
Safe & Sober IvSay 1-June 30, 2004 Grazrt acceptance.cr.gs.2004
o�-
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting tYuough its Commissioner of Public Safetv, Office of Traffic
Safetv, 444 Cedar Street Suite 150 St Paul Mianesota, 55101-5150 ("State") and St. Paul Police Deoartment. 100 Fast
1_lth Street. St. Paul_ Minneso � 55101 ("Grantee").
Recitals
1 Under Minn. Stat. §§ 4.075 and 299A.01. Subd 2(41 the State is ampowered to enter into this grant contract.
2 Federal Funds for this gaut contract aze provided under the U. S. Department of Transportation's State and
Community Highway Safety Program, Catalog of Federal Domestic Assistance (CFDA) Number 20.600. This grant
contract is funded through the Minnesota Department of Public Safety, Office of Traffic Safely's proj ect entitled �
& Sober Mav Mobilization with Conummities number 04-02-11.
3 The State is in need of well-publicized, enhanced enforcement of traffic laws, especially of those laws related to
passenger protection.
4 The Grantee represents that it is duly qualified and agrees to perform all services described in this gant contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective daie: Mav 1, 2004, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under tlus grant contract until tlus grant contract is fully execnted and
the Grantee has been notified by the State's Authorized Representative to begin the work.
12 Expiration date: June 30. 2004, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
13 Survival of Terms. The following clauses survive the expiration or cancellation of this gant contract:
8. Liability; 9. State Audits; 10. Government Data Practices and Inteilectual Property; 12. Publicity and
Endorsement; 13. Goveming I,aw, Jurisdiction, and Venue; and 15. Data Disclosure.
2 Grantee's Dnties
The Grantee, who is not a state employee, will:
Participate in the Safe & Sober May Mobilization, a program which seeks to increase compliance with the passenger
protection law by enhanced enforcement coupled with education and media relations. The two-pronged approach is
designed to increase the publids perception of the likelihood of suffering negative consequences if they fail to
comply.
The enforcement agencies covered by this grant are: St. Paui Police De�artment .
The Grantee will participate in the Safe & Sober May Mobilizztion program in accordance with the following �
calendar of events:
Conduct Pre Infom�al Seat Selt Surveys May 1— 7, 2004
Conduct Pre-enforcement Media May 10 — 23, 2004
Conduet Enhanced Enforcement May 24- June 6, 2004
Conduct Post-enforcement Media lune 7-13, 2004
Conduct Post Informal Seat Belt Surveys 7une 7-13, 2004
Participation in the May Safe & Sober Mobilization 2004 is fiuther defined as:
21 Scheduling and conducting additional enforcement between the dates of May 24 and 7une 6, 2004. No other
dates are eligible for reimbursement.
2.3 Using only those individual officers whom the State approves as eligible to cqpduct the traffic patrols
reimbursed by this grant. Eligibility is defined as completion of Occupant Prqtection Usage and Enforcement
(OPLJE) and Standazdized Field Sobriety Testing (SFS'1� courses for each officer.
FFY 04 TmfFc Safety Gant (S&5 May 04) Page 1
0�'�1-5yZ
Scheduling and conducting informal seat belt survevs at no fewer than three sites during each of the
following tw6 time periods: from May 1 throu�l M2v 7 2004• and from June 7 throuvh June 13 2004
2.5 Informing the media of the Safe & Sober May mobilization program and keeping them apprised of plans,
results, and issues and through the media and other outlets as decided by the Grautee, informing the public of
the program and issues.
2.6 Submitting a written reoort on or before June 30. 2004 to the State covering all the a¢encies in the Qrant
toeether on a sinele form nrovided by the State In addifion, each agency named in the gant will separately
submit a short mobilization report nrovided bv the State on or before June 10�` 2004.
2.7 Shiving to achieve perfonuance measures which can reasonabiy'be expected to fulfill the purpose of the grant
by decreasing the incidence of impaired driving, increasing the use of seat belts, and increasing the public's
perception of the likelihood of being stopped for violations of traffic safety laws. The State will provide
comparative statistics of each granPs results. Performauce measures include averages of contacts per hour,
seat belt and child seat actions per velucle stopped, and citarions per vetucle stopped.
3 Time
The Grantee must comply with all the time requirements described in tlus grant contract. In the perfonnazice of this
grant contract, tune is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed 00.00 according to the
breakdown of costs contained in the following budget table:
(2) Travel Expenses. Travel costs aze not allowed under this grant.
(3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for
the grant contract, will be met by the Grantee: 0.00.
(4) Indirect Costs and Fringe Benefits. No Indirect Costs aze allowed under this gant contract. Fringe
benefits aze allowable. The State has an obligation to detennine if any fringe benefit costs to be reimbursed by
this grant contract aze reasonable. If requested, the Grantee must furnish an explanation of fhe basis for the fiinge
benefit rate. Fringe benefits must be accounted for separately from overtime salary costs on back-up
documentation of invoices.
(5) Tota1 Obligation. The totai obligation of the State for all compensa&on and reimbursements to the Grantee
under this grant contract will not exceed $9000.00.
4.2 Payment
(1) Invoic¢s. The State will promptly pay the Grazrtee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices
must be submitted timely and according to the followmg schedule:
An itemized invoice for work satisfactorily�erformed wili be filed in arrears and within 30 days of the Ex�ration
date of ttus grant contract All claims for reimbursement shall be supported by written docunnentation including
receipts, invoices, and personnel time reports. r
f _
FFY 04 Tmffic Safety Grant (S&S May 04) Page 2
c�t—�tz
(1,) Federat funds. (Where applicable, if blank this section does not apply) Payments under this grant
contract will be made from federal funds obtained by the 5tate through Title 23 CFDA number 20.600 of the State
and Communitv Hig�wav Safetv Act of 1966 and amendments thereto. The Grantee is responsible for
compliance with all federal requiremenu imposed on these funds and accepts full financial responsibility for any
requirecnents imposed by the Grantee's failure to comply with federai requirements.
Conditions of Payment
All services provided by the Grantee under tlus grant contract must be performed to the State's safisfaction, as
detecmined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federdl, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representative
The State's Authorized Representative is Susan J. Palmer, State Pmsazn Adnunistrator 444 Cedaz Street Suite
150. St. Paul. Minnesota 55101-5150 (nhone 651-296-85121 or his/her successor, and has the responsibility to
monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If
the services aze satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment.
The Grantee's Authorized Representative is Dave Plucinak Sereeant 100 East 11 th Street St Paul Minnesota
55101 hone: 651-292-372 . If the Grantee's Authorized Representative changes at any time during tlris grant
coniract, the Grantee must unmediately norify the State.
7 Assignment, Amendments, Waiver, and Grant ContraM Complete
7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendment to this gant contract must be in writing and will not be effective until it has
been executed and approved by the same pazties who executed and approved the original grant contract, or
their successors in office. Minor changes in the tasks and budget of this grant contract may be made if
requested in writing on behalf of the Grautee and if approved in writing by the State. Changes requiring the
approval of the U.S. Departrnent of Transportation or resulting in reimbursement claims in excess of
9000_00 aze not minor changes.
73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
pmvision or its right to enforce it.
7.4 Grant Contract Complete. Tlus gant contract contains all negotiations and agreements between the State
and the Grantee. No other understanding regarding tlus grant contract, whether written or oral, may be used
to bind either party.
8 Liability
The Grantee must indemiufy, save, and hold the State, its agents, and employees l�arinless from any claims or
causes of action, including attorney's fees incnrred 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 baz any legal
remedies the Grantee may have for the State's failure to fulfill its obligations under this gcant contract.
9 State Audits
Under Mimi_ Stat. § 16C.05, subd. 5, the Giantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract aze subject to examinat.ion by the State and(or the 5tate Auditor or
Legislative Auditor, as appropriate, for a m;nim� of six years from the end of this grant contract.
10 Government Data Prac6ces and Intellectual Property
101 Government Data Practices. The Grantee and State must comply with the Minnesota Govemment Data
Practices Act, Minn. Stat. § Ch. 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 Gramee or the State. �
FFY 04 Tmf6c Safety Grnnt (S&S May 04) Page 3
�-- -
�_� �
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 concemiug the release of the data to the
requesting party before the da5a is released_
10.2 Inte[[ectua[ Property Righu. All reports, sludies, photographs, negatives, computer programs or other
documents prepared by the Ca�antee in the performance of its obligation under this grant contract sha11 be the
exclusive properiy of the State. The Grantee may continue to use the materials to promote highway safety,
but may not sell or offer for sale any physical or electronic documents developed under this grant contract,
unless a plan to record such sales and make the proceeds available for traffic safely purposes is approved by
the State.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 17b.181, subd. 2, pertainuig to workers'
compensation insurance coverage. The ('zrautee's employees and agents will not be considered State employees.
Any clauns 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 ar omission on the part of these employees aze in
no way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regazding the subject matter of this grant contract 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 ttris provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepazed by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract.
12.2 Endorsement. The Grantee must not claim tt�at the State endorses its products or secvices.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice.of-law provisions, govems this grant contract. Venue for all legal
pmceediugs out of this grant contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Raznsey County, Minnesota.
14 Termination
141 Termination by the State. The State may cancel tlris grant contract at any time, with or without cause, upon
30 days' written notice to the Grantee. Upon terniivation, the Grautee will be entitled to payment, detennined
on a pro rata basis, for services satisfactorily performed.
14.2 Terminallon for Insufficient Funding. The State may immediately ternunate this grant contract if it does
not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. If for any reason the State is
protubited in any way from using such funds to reimburse the C'nantee for any of the costs set forth herein,
then this grant contract shall be null and void and the State shall have no direct nor ind'uect obligation to
reimburse the Grautee. Temunation must be by written or faac notice to the Grantee. The State is not
obligated to pay for any services that aze provided after notice and effective date of ternunation. However,
the ('mantee will be enritled to payment, determined on a pro rata basis, for services satisfactorily performed to
the extent that funds aze available. The State will not be assessed any penalty if the grant contract is
temvnated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate
funds. The state must provide the Grantee notice of the lack of funding within a reasonable time of the State
receiving that notice.
143 Protection of State's Interesk When the State fmds that there has been a failure to comply with the
provision of this grant contract oz with the provisions of the incorporated Exhibits or that the purposes for the
funds have not been, or will not be fulfilled, notwithstanding any other provisions of this grant conh�act to the
contrary, the State may take such action as it deems necessary and appropriate to protect the interest of the
State of Minnesota, including the refusal to disburse additional funds and requiring the repayment of any
funds already disbursed. �
FFY 04 Tnffic Safety Grent (S&S May 04) . page 4
15 Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer taac identification number, and/or Minnesota taac identification number, atready
provided to the State, to federal and state taY agencies and state personnel involved in the payment of state
obligations. 'Fhese 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 rehuns and pay delinquent state taac liabilities, if any,
or pay other state liabilities.
16 Equipment
16.1 Purchase ofEquipmenz Any equipment purchased under tlus grant contrnct shall be used primarily for
traffic safety purposes during the life of the equipment. The Grantee may not deviate from ttris requirement
and may not dispose of any equipment unless it has fust ohtained pemussion &om the State. Only equipment
specified in this grant contract may be purchased.
16.2 Responsibiliry for Equipment The Grantee shall be responsible for all operating, maiutenance, and repair
costs of equipment purchased under this grant contract unless otherwise specified. Title to equipment
acquired under this grant contract shall vest upon the Grantee.
17 Other
Tlus grant contrnct is subject to all applicable federal and state statutes and regulations, including, but not lunited
to the following:
17.1 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to
handicapped persons.
17.2 49 CFR Part 23 — Participation by minority enterprises in Depaztment of Transportation Programs; 49 CFR
Part 29 Subpart F— The Diug-Free Workplace Act of 1988; 23 U.S.C. 101 Note and 41 U.S.C.lOa — Buy
America Act; and 49 CFR Part 29 — Certification Regazding Debarment and Suspension. These provisions
aze incorporated by reference and made a part of this grant contract.
173 Title VI of the Civil Rights Act of 1964, as amended.
17.4 Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and
Budget Circulaz A-133. Federal Audit Requirements is attached and incorporated and made part of tlus grant
contract. See E�ibit I_
17.5 Also, by signing this grant contract, the Grantee certifies that the Grantee has a current safety belt use
policy.
�
FFY 04 Tmffic Safety Grant (S&S May 04) Page 5
�
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual cer/ifles thatfimds hwe been encumbered ¢t
reguired by M"�nn. St¢t §§ 16A15 <md 76C.05.
Signed:
Date:
Grant Contract No.
2. GRANTEE
By.
(wath delegated authority)
Title: Director_ Office of Trzfftc Safetv
Date:
The Grantee cerfifies th¢[ the appropria[e person(sf
have executed the grant cantract on behalfofthe Grantee os
requVed by app(icable oriicles, bylmvs, resolutions, or ordinances.
�
Title: Director of St. Paul Financia] Services
Date:
�
Title: City Attorney of St. Paul
Date:
By, �.�,�-�'.
Titte: Chief of St Paul Police
Date: 't � �- }' � `,
Distribution:
DPS/FAS
Grantee
State's Authorized Representa[ive
�°
J
FFY 04 T�c Safety Gran[ (S&S May 04) page 6
�' ��
E��1T I
Page 1 of 2
F`EDERAI. AUDTT REQUIItEMENTS
1. For subrecinients that aze state or local ¢ovemments non_profit or��n_izations or Indian hibes
If the gantee expends total fede:al assistance of $300,000 or more per year, the grantee agrees to obtain either a
single audit or a progcam-specific audit made for the fiscal year in accordance with the tem�s of the Single Audit Act
Amendments of 1996.
Audits shall be made annually unless the state or local govemment l�as, by January 1, 1987, a constitutional or
statutory requirement for less frequent audits. For those govemments, the federal cogiizant agency shall pernrit
biennial audits, covering both years, if the govemment so requests. It shall also honor requests for biennial audits by
govemments that have an administrative policy calling for audits less frequent than annual, but only audits prior to
1987 or administrative policies in place prior to January 1, 1987.
For subrecinients that aze institutions of higher education or hosnitais
If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the gtantee agrees to
obtain a&nancial and compliance audit made in accordance with OMB Circulaz A-110 "Requirements for Grants
and Agreements with Universities, Hospitals and Other Nonprofit Orgaziizafions" as applicable. The audit shall
cover either the entire organization or all federal funds of the organization.
The audit must detennine whether the subrecipient spent federal assistance funds in accordance with applicable laws
and regulations.
2. The audit shall be made by an independern auditor. An independent auditor is a state or local govemment auditor or
a public accountant who meets the independence standards specified in the General Accounting Office's "Standards
for Audit of Goverumental Organizations, Prograzns, Activities, and Functions."
3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133
(or A-110 as applicable).
The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public
Accounts' (AICPA) audit guide, "Audits of State and I,ocal Governmental Units," issued in 1986. The federal
govenunent has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the fmdings and recommendations in the
report, including a plan for corrective action taken or planned and comments on the status of corrective action taken
on prior fmdings. If corrective action is not necessary, a statement describing the reason it is not should accompany
the audit report.
4. The grantee agees that the grantor, the I,egislative Auditor, the State Auditor, and any independent auditor
designated by the grantor shall have such access to gantee's records and financial statements as may be necessary for
the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133.
5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and
OMB Circular A-133.
6_ The Statement of Expenditures form can be used for the schedule of federal assistance.
7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years.
FFl 04 Traffic Safety Grent (S&S May 04) p age �
EXHII3IT I
Page 2 of 2
8. Reg_uired audit renorts must be filed with the State Auditor's Office Sin¢le Audit Division and with federal
and stat¢�encies orovidin2 federat assistance and the Denartment of Public Safetv within sia montbs of the
grantee's fiscal vear end
OMB Circulaz A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the audit
report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East l Oth Street
7effersonville, Indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedaz Street
Suite 126, Town Square
St. Paul, MN 55101-5126
FFY 04 Trattic Safety Giant (S&S May 04) Page 8