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04-571co�n�a Fs�e # RESOLUTION OF SAINT PAUL, 1VIIl�T�TIVESOTA Presented By: Referred To: Committee:Date: 1 WHEI2EAS, the City of Saint Paul, Police Aepartment, has received an Operatian Nightcap grant from 2 the Minnesota Department of Public Safety for traffic enforcement for the period of May 1, 2004 3 through June 20, 2004; 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 implement the attached agreement with the 7 Minnesota Department of Public Safety, which includes an indemnification clause. A copy of said 8 agreement is to kept on file 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 Bostrom Thune Adopted by CounciL• Date: � �,; Adoprion Certified by Council Secretary: By: Approved b r: Date: sy: �d��..� Nigh4 Cap Gran4 May 1-Jur Green Sheet # �� oy-S�I 206643 2004.cr2004 Requested by Dep ent of: Police By: Form ved b City Atto B Appro comm nde by F By: �pprov � b Mayo oS Subn By: (��,ria-C�r� Services � DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED PoliceDepartment 5/6/04 GREEN SHEET ►�o. �G 206643 NTA ER N N INRIAI/DATE INITIAUOATE Chief William Finney 266-5588 1 oFnf.nnr,�ro�nECroa 5 rrcoue+o� MUST BE ON COUNCIL AGENDA BY (DA E) PIe2s0 process ASAP. �crtvwTroxxEV � ❑arvc�rtrz �FWpNCIALSERVICESOIR_ �FlNANCIALSERV/qCCTG �ENYOR(ORPSSISTANT) �HUMANRW'HT$ TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolurion accepting a grant from the Mivnesota Department of Public Safety and authorizing the City to enter into, and Chief William Finney to implement a grant agreement with the Minnesota Department of Public Safety. RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING QUESTONS: 1 Has ihis persoNfirm ever worked under a wntract for this tlepartment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/firm ever been a city employee� CIVIL SERVICE COMMISSION YES NO 3. Does Ihis person/firm possess a skill not normally pwsessetl by any current ctty employee? YES NO 4 Is this persoNfirm a targetetl ventloR YES NO Explain ail yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPOR7UNITV (WHO, WHAT, WHEN, WHERE, WHY) The Ciry of Saint Paul, Police Deparhnent, has received a grant from the Minnesota Deparhnent of Public Safety for coordination of alcohol saturation from May 1, 2004 through June 20, 2004. � � � �i_ �0�4 ADVANTAGESIFAPPROVED � Acceptance of grant funds available for police overtime to coordinate alcohol saturation. ���� ���� ���� DISADVANTAGES IF APPROVED _ _ , _ __ None. DISADVANTAGES IFNOTAPPROVED ga�, �p���{r , _ ,� ,,,,. \gU" Loss of grant funds available for traffic enforcement. �� � ��� g &r U TOYAL AMOUNT OF 7RANSACTION $ 2,000.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE $T3T0 Of Mll]ri0SOt3 gT2riT ACTIVIN NUMBER 43O-3414O FINANCIAL INFORMATION (EXPLAIN) Nigh[ Cap Grant May 1-lune 2Q 2004.ag.cr2004 o�l-S71 STATE OF 1VIINNESOTA ANNUAL PLAN GRANT AGREEMENT This Annual Plan C�rant Agreement is beriveen the State of Minnesota, acting through its Commissioner of Public Safet State Patroi D'avision 444 Cedaz Street Suite 130. St. Paul, MN 55101-5130 ("State") and City of St. Paul Police Department, 367 Grove Street, St. Paul, MN 55101("Grantee"). Under Miun. Stat. § 299A.01, Subd 2(4), the State is empowered to enter into this Grant Agreement. By written acceptance below, the Crrantee agrees to perform the work within the terms and conditions in this Annual Plan Grant Agreement, including Attachment A, which is attached and incorporated into this Grant Agreement. The Grantee must sign its approval in the designated signature block and return the original signed Grant Agreement and its attachments to the address shown below, prior to the commencement of services. The services to be provided under this Grant Agreement are the NightCAP Grant Program, Attachment B, which is attached and incorporated into this Grant Agreement. Agreement Begin Date: 5/1/04 Agreement End Date: 6/20/04 The Grantee will be reimbursed an amount not to exceed $2000.00 for the above services performed under this Grant Agreement. The Grantee must submit one itemized invoice upon completion of the above services to: Katmny Huneke, State Patrol Division, 444 Cedaz Street 130, St. Paul, MN 55101-5130 THE REMAINDER OF THIS PAGE IS IN'I'ENTIONALLY LEFT BLANK. o�� s?I �rn� � s����;� . , �N�.�,�n.�.��.�n,�.�.�..��.. o�-S'71 att�nm�t a Attachment A 1. Conditions of Payment All services provided by the Grazrtee under this Annual Plan Grant Agreement must be performed to the State's satisfaction, as determined in the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, mles and regulations. The Crrantee will not receive payment for work found by the State to be unsatisfactory, or performed in violarion of federal, state or law. 2. Cancellation This Annual Plan Crrant Agreement may be canceled by the State at any time, with or without cause, upon thirty days' written notice to the Grantee. Upon tennniarion, the Grantee will be entitled to payment, detemiined on a pro rata basis, for services satisfactorily performed. 3. Amendments Any amendment to this Annual Plan Grant Agreement must be in writing and will not be effective until executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 4. Liability The Grantee must indemnify, save and hold the State, its agents, and employees harn�less from any claims or causes of action, including attomeys' fees incurred by the State, arising from the performance of this Annual Plan Grant Agreement by the Grantee or the Cn•antee's agents or employees. This clause will not be construed to bar any legal remedies the Crrantee may have for the State's failure to fulfill its obligations under this Annual Plan Crrant Agreement. State Audit Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant agreement are subj ect to e�minarion by the State and/or the State Auditor or the Legislarive Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. 6. Federal Audit The Cnantee will comply with the Single Audit Amendments of 1996 and Office oF Management and Budget Circular A-133. Federal Audit Requirements is incorporated by reference. Government Data Practices Act The ('7rautee and the State must comply with the Minnesota Government Data Prac6ces Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the ('n�uitee under this grant agreement. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data referred to in this clause by either the Cnantee or the State. In the event the Crrantee receives a request to release the data refenred to in this clause, the Crrantee must immediately nofify the State. The State will give the Grantee instrucfions conceming the release of the data to the requesting party before the data is released. 8. Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Crrantee consents to disclosure of its social security number, federal employer tax identificarion number, and/or Minnesota tax idenrificafion number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identificarion numbers may be used in the enforcement of federal and state ta7c laws which could result in acrion requiring the Grantee to file state tax returns and pay delinquent state tasc liabilities, if any, or pay other state liabilities. 9. Jurisdiction and Venue Minnesota law, without regazd to its choice-of-law provisions, govems this Annual Plan Grant Agreement. V enue for all legal proceedings out of this Annual Plan Cnant Ageement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey CounTy, Minnesota. Attachment B NightCAP Grant Prograin Grantee's Duties i Coordinate alcohol saturafions with the State's district authorized representarive for saturation events to be held on May 1, and June 19, 2004, providing up to forty hours of enforcement. 2 All law enforcement officers participating in this program must be Peace Officers Standards and Training Boazd (POST) licensed as provided by Minnesota law. 3 All law enforcement officers participating in this program must be Standazdized Field Sobriety Testing (SFST) trained. Grantee must provide proof of trainiug for each officer not currently qualified before such officer(s) will be allowed to participate in the program. 4 All law enforcement officers participating in this program should aggressively enforce traffic laws with an emphasis on impaired driving. 5 Grantee wiil 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 C of this grant agreement, which is attached and incorporated and made a part of this grant agreement. Reimbursement will be made oniy for hours that officers work on a day off or on a shift extension. 6 Grantee will review 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. 7 Gxantee will 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. 8 Grantee will participate in public information and media efforts with the State's district authorized representative as a part of each saturation event. 9 Grantee shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cazs used in perfoiinance of this grant agreement and shall provide all necessary insurance for them. 10 Grantee's law enforcement officers, providing services under this grant agreement, are employees of the Grantee and not employees of the State or Federal government. 11 State's district authorized representative is Lt. 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