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04-891Council File # Q � • � Green Sheet # 206696 Presented By: 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 Committee:Date: 25 WHEREAS, the City of Saint Paul, Police Departmeat, has received an Operation Nightcap grant from the Minnesota Department of Public Safety for traffic enforcement for the period of August 14, 2004 through August 15, 2004; and BE IT RESOLVED, that the Saint Paul City Council accepts this grant and authorizes the City of 5aint Paul to enter into, and Chief John Harriagton to implement the attached agreement with the Minnesota Department of Public Safety, which includes an indemnification clause. A copy of said agreement is to kept on file and on record in the Office of Financial Services. Requested by Department of: � Thune Adopted by Council: Date: G��� Adoption Certified by Council Secretary: By: � Approved by� I. , •: Date: > r i RESOLUTION CITY OF SAINT PAUL, MIlVNESOTA - , r� B i o(rmJ Ap� ed by City Attordey: B� Annr� Recommended bv Fi��cial Services Mayor Night Cap Grant Aug 14-15, 2004.cr.2004 o�- �q ► STATE OF NIINNESOTA ANNUAL PLAN GRANT CONTRACT This Annual Plan Grant Contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. State Patrol Division 444 Cedar Street Suite 130, St. Pau1. MN 55101-5130 ("State") and City of St. Paul, Police Department, 367 Grove Street, St. Paul, MN 55101 ("Grantee'�. Under Miim. Stat. § 299AA I, Subd 2(4), the State is empowered to enter into ttris Annual Plan C,rant Contract. By written acceptance below, the Crrantee agrees to perform the work within the terms and conditions in this Annual Plan Grant Contract, including Attachment A, which is attached and incorporated into this Annual Plan Grant Contract. The Cttantee must sign its approval in the designated signature block and rehun the original signed Annual Plan Grant _. Contract and its attachments to the State's address shown above, prior to the commencement of services. Contract Begin Date: 8/14/04 Contract End Date: 8/15/04 The services to be provided under this Annual Plan Cmant Contract are the NightCAP Grant Progrrm, Attachment B, which is attached and incorporated into this Annual Plan Grant Contract. The Grantee will be reimbursed an amount not to exceed $800.00 for the above services performed under this Annual Plan Crrant Contract. The Grantee must submit one itemized invoice upon completion of the above services to the State's Authorized Representative. The State's Authorized Representative is Lt Mark Peterson 444 Cedar Street Suite 130, St. Paul, MN 55101-5130, or his/her successor, and has the responsibility to monitor the Grairtee's performance and authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 1. ENCUMBRANCE VERIFICATION Individual certifes th¢tfunds have been encumbered as required 6y Mina Sia[. §§ 16A.15 and 16C.05. Signed: Date: t Grant Contract No. 2. GRANTEE The Graniee Cenifiu that the apprapriate person(s� have execured the contract on behalf of the Grantee as required by applicable artidu, bylaws, resolufions, ar By: Title: C h i e f � Date: By: Title: City At Date: � FY2005 M5P (08/04) 3. STATE AGENCY B (wittt Title: Date: By: "title: Financial Services s Title: Date: I,1G��r S:riJ�"c`�'rL° Page 1 � .. ATTACHIVIENT A 1. Conditions of Payment All services provided by the Crrantee under this Annual Plan Crrant Contract must be performed to the State's satisfaction, as determined in the sole discretion of ffie State's Authorized Represenhrive and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The Gcantee will not receive payment for work found by the State to be unsatisfactory, or performed in violation of federal, state or local law. 2. Cancellation This Annual Ylan Grant Conuact may be canceled by the State at any time, with or without cause, upon tiurty days' written notice to the Grantee. Upon termination, the Grantee will be entifled to payment, determined on a pro rata basis, for services satisfactorily performed. 3. Amendments Any amendment to this Annual Plan Grent Con�ract must be in writing and will not be effective until executed and approved by the same parties who executed and approved the original Annual Plan Grant Contract, or theu successois in office. 4. Assignment The Grantee may neither assign nor 4ansfer any rights or obligations under this Annual Plan Grant Con4act without the prior consent of the Shte and a fiilly executed Assignment Agreement, executed and approved by the same parties who executed and approved tlus Annual Plan Grant Contract, or theu successors in office. 5. Liability The Cnantee must indemnify, save and hold the State, iu agents, and employees hazmless &om any claims or causes of action, including attorneys' fees incurred by the State, arising &om the performance of this Annual Plan Grant Contract by the Grantee or the Crrantee's agents oz employees. 1'his clause will not be construed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligarions under tlus Annual Plan Grant Contract. 6. State Audit Under Minn. Stat. § 16C.05, subd. 5, the Grautee's books, records, documents, and accounring procedures and practices relevaut to t}ris Annual Plan Crrant Contract aze subject to e�m;r�tion by the State andfor the State Auditor oz ffie Legislarive Auditor, as appropriate, for a minimum of six yeazs from the end of this Annual Plan Grant Coniract. 7. Federal funds (Where applicable, if blank tlus secrion does not apply) Payments under this Annual Plan Grant Contract will be made from federal funds obtained by the State through Tifle 23 CFDA nuinber 20.601 of the State and Communitv Hi way Safetv Act of 1966. The Csrantee is responsible for compliance with all federal requirements imposed on these funds and accepts fulf fmancial responsibility for any requiremenu imposed by the Grantee's failure to comply with federal requirements. 8. Federal Audit The Gcantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circulaz A-133. Federal Audit Requirements is incoiporated by reference. 9. Government Data Practices Act The Crrantee and the State must comply with the Minnesota Government Data Pracrices Act, Minn. Stat. Ch 13, as it applies to all data provided by the State under this Annual Plan Grant Contract, and as it applies to all data, created, collected, received, stored, used, maintained, or dissenuuated by the Grantee under this Annual Plan Grant Contract. The civil remedies of Minn. Stat. § 13.08 apgly to the release of the data refeaed to in this clause by either the Grantee or the State. In the event the Grantee receives a request to release the data referred to in this clause, the Grantee must immediately notify the State. 10. Publicity Any publicity regazding the subject matter of this Annual Plan Grant Conh�act must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representa6ve. For puiposes of ttris provision, publicity includes no6ces, informafional pamphlets, press releases, reseazch, reports, signs, and similaz public no6ces prepazed by or for the Grantee individually or joinfly with others, or any subcon4actors, with respect to the program, publications, or services provided resuking from this Ammual Plan Cnant Contract. 11. Worker's 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 parCy as a consequence of any act or omission on the part of these employees aze in no way the State's obligarion or responsibility. 12. Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identificarion number, and/or Mnmesota tax identification numUer, already provided to the State, to federal and state talc agencies and state personnel involved in the payment of state obligations. These identificarion numbers may be used in the enforcement of federal and state tax laws wluch could result in action requiring the Grantee to file state tax returns and pay delinquent state taz liabilities, if any, or pay other state liabiliries. 13. Jurisdiction and Venue Minnesota law, cvithout regard to its choice-of-law provisions, govems tlus Annual Plan Grant Conhact. Venue for all legal proceedings out of Uus Annual Plan Grant Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey Counry, Minnesota. FY2005 MSP (08/04) Page 2 ATTACffiVI�NT B NiehtCAP Grant Proeram C'ttantee's Duries c �—��i 1 Coozdinate akohol satumtions with the State's district authorized iepiesentative for satuxation events m he held on August 14, 2004 providing up to sixteen hoiss of enforcement 2 All law enforcement officers participating in tLis program must be Peace Oflicers Standards and Training Boazd (POST) licensed as pzovided by Minnesota law. 3 All law enforcement officers participating in tlus prograw must be Standardized Field Sobriety Tesling (SFST) trained. Grantee must provide proof of �aining for each officer not currenfly qualified before such officec(s) will be allowed to participate in the pzogcam. 4 All law enforcement officers participating in this prograzn should aggressively enforce traffic laws with an emphasis on impaued driving. 5 Grantee will provide a list of eligible law enforcement officers who may participate in t}us program with their overtime rate of pay, including fringe benefits, on "Personnel Roster". Reimbursement will be made only for hours that officers work on a day off or on a shift extension. 6 Grantee will review Officer Activiry Reports and Activity Logs (samples attached) to verify work efficiency by those officers working the saturations; officers unwilling or unable to diligently pursue impaued drivezs cannot be allowed to work subsequent sahuation events and Grantee will work cvith the State's dishict authorized representative to replace such officers with qualified officers. 7 Grantee will complete and submit all required papenvork following each sahuation event including, but not limited to, Officer Activity Reports and Invoices to the State's disirict authorized representarive within seven (7) working days following each samration event. 8 Grantee will participate in public informauon and media efforts with the State's district authorized representative as a part of each saturation event. 9 Crrantee shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cazs used in perfonnance of this grant a�eement and shall provide a11 necessary insurance for them. 10 Grantee's law enforcement officers, providing services under this grant agreement, aze employees of the Grantee and not employees of the State or Federal government. 11 State's dishict authorized representa6ve is Lt. Bruce Brynell, 651/779-5913. FY2005 MSP (OS/04) Page 3 , � DEPARTMENT/OFFICEICOUNqL DA7E INITIA7ED PoliceDepazhnent s/zs/o4 GREEN SHEET wo. 206696 ONTA N PH INRIALIDATE INITIAL/DATE ChiefJohnHatrington 266-5588 1 rraem�arwrsECrors_ 5 cooxa� MU T BE O COUNCIL AGENDA BY (DATEJ / Please process ASAP. ❑3 «rra,rowier ✓ �Cnvc�wc � L �FIIiqNCW.SERVICESDIR_ ' v I�wwrCIILLSERV/ACCTG V�I ^ �1.NVOR(ORASSLSiANi) , �nuMpNRIG� i� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACT10N RERUESTED Approval of the atYached councIl resolurion accepting a grant from the Minnesota Deparlment of Public Safety and authorizing the City to enter into, and Chief John Harrington to implement the attached agreement with tUe Minnesota Department of Public Safety. RECOMMENDATION App�OVe (A) ol REjeCt (R) PERSONAL SERVICE CONTRAC75 MUSTANSWER THE FOLLOWING QUESTIONS: 1. Has this person/frtn ever wo�ketl under a contract for ihis tlepartment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirm ever been a city employee� CIVIL SERVICE COPAMISSION YES NO � 3. Does this perso�rtn possess a skill not nortnally possessed by any wrrent crty employee? YES NO 4 I5 this personlflrm a targetetl vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet INI7IATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Ciry of Saint Paul, Police Deparhnent, has received a grant from the Minnesota Depamnent of Public Safety for coozdination of alcohol saturation from August 14, 2004 through August 15, 2004. ��°„ g ,''� "s�, "� � 4 � "`°' .z� � '1 � `L> �.. � �t'° F,�, �"� ADVANTAGESIFAPPROVED '�`�d;+ � � ���/� Acceptance of grant funds available for police overtime to coordinate alcohol saturation. ���� ���'� ���� 'DISADVANTAGESIFAPPROVED None. RECEf DISADVANTAGES IF NOT APPROVED Loss of ant funds available for traffic enforcement. SEP ff�j ZOO� � � �eQ�?�'C�t Ca�nt�P MAYOR'S OFFlCE ��p 15 2004 TOTAL AMOUNT OF TRANSACTION $ $OO.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO • FUNDING SOURCE State ofMinnesota grant ACTINTYNUMBER 436-3414b FINANCIAL INFORMATION (EXPLAIN) Night Cap Grant Aug 14-I5, 2004.ct.g52004 _ �.; - _, � �� ti xi +, �' .-� .-. ..-. en c*� cn �n m � � t1 O m h O•-• •-, � E� �rn � i° ��... c � t� c� r; o� rn a c� ry r� c� ... .... ..., �' a r c vi Q �t .F v <r �O t� c� Q v^ �Y' �n rf d'�f � o u� �n +n �n h v� a � C c Q 7 �t Q e� � c��n �n GF � � � � � � � � �v Q d- .T � c S7 P3 C�1 M CT1 �"1 � L� C� r�- r t� n� r i a� e c�i co i*i cn �i m c*i c�i �"i � .� � � .--. - �. .. L:7 � F D � �!} N m 00 00 Do 0o C�1 c�l K1 : C w�s7 �o c� �n +n en m c� °1 � e c � �v � � m M c�n � � � � Y� � � p � N �n vi N (V [V N N t � � !�: p� 1�. C N L� L� N N N Ot W � C M m m � cn M c��l N c��l �1. 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W � r r�i� x p � � � � U � O � � q � � A `'a � O a � ,� .� '� � � � �� Q� x 3 ti p� U U "� � A Q a ca p'� �� w ;�� 1 I QI I f 1 bais�a�,� zSB� S9Z tiS4 3d211 133�1� 3� I �nd 'lCldd 15 6£ : La bOaZ-O�-add County Assigned: �`� ��� OFFICER ACTfVITY REPORT Total Number of Vehicles Stoppe� Totai Number of Citations Issued Total Number of People Arrested Total Desi nated Driver Contacts Operation NightCAP .:,- . . Activity !og � ° - �-�'�l Name: Date: Time Vehicle Vehicle (V1�arning/ Reason/Code Citation #/Name License Make (C)itation/ # A rrest