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05-1036RESOLUTION OF SAIlVT PAUL, MINNESOTA Presented By: Council File # Green Sheet # Referred To: Committee:Date: OS - l03l 3028218 �5 1 WHEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota 2 Department of Public Safety for a Speed Limit Enforcement Project; and 3 4 WIiEREAS, the purpose of tLis grant is to coordinate speed enforcement with the State district 5 authorized representative for speed enforcement beriveen September 26, 2005 and November 7, 2005; and 6 7 THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to 8 enter into, and Chief John Harrington to implement the attached agreement, which includes an 9 indemnification clause. A copy of said agreement is to be kept on file and on record in the Office 10 of Financial Services. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Yeas xays absent Requested by Department of: Benanav r � �' ✓ � PO11CC $)': Recommended by Financial Services: Adopted by Council: • _ r �. ; Adoption Certified by Council Secretary: � Approved by ],yi�'yq'r: Date: � Speed Limit Enforcement Grant /l- �.�:, 7.cr2005.xis Form By: by City � Green Sheet Green Sheet pS lc3�o Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: Date Initiated: PD — Poli�en��e,a 2&SEP-05 Green Sheet NO: 3028218 Coniact Person & Phone• Deoartment Sent To Person Initial/Date Greg Pye � 0 oli¢e artment P lice De arhnen 26Cr5999 p 1 olice e ar[men[ De arhnent Direct r Must Be on Council /�qenda by (Date): Number Z au 'al Services F'nancial rvi es Por —� Routing 3 i ome Ci Attorne Order 4 or' Office Ma or 5 onncil Council 6 i erk i Clerk � � 7 olite Ue artment Police De artment Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Signatures on the attached councIl resolurion authorizing the City of Saint Paul, Police Depaztrnent, to enter into the attached agreement with the Minnesota Deparhnent of Public Safety. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No � Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoRunity(Who, What, When, Where, Why): � The City of Saint Paul, Police Deparknent, has received a Speed Limit Enforcemern Project Grant from the Minnesota Department ot Public Safety. Authorization is needed to enter into a gant agreement with the Minnesota Department of Public Safety. � ������ Advantages If Approved: � � � � � �a�� The Speed Limit Enforcement Project Grant provides funding for speed enforcement. ��� 9 � 4 g ����� DisadvantaqeslfApproved: None. Disadvantages If Not Approved: Inability to use gant funds available for coordination of speed enforcement with tUe Staze district authorized representative. TotalAmountof 3600 CosVRevenue Budgeted: Transaction: J FundinA source: State of Minnesota Activity Number: 34169 Financial Information: (Ezplain) OS - l03lp STATE OF NIINNESOTA ANI�TIJAL PLAN GRANT CONTRACT This Annual Plan Grant Contract is between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division 444 Cedar Street Suite 130. St. Paul, MN 55101-5130 ("State") and City of St. Paul, Police Department, 367 Grove Street, St. Paul, MN 55101 ("Crrantee"). L3nder Minn. Stat. § 299A.01, Subd 2(4), the State is empowered to enter into this Aimual Plan Grant Contract. By written acceptance below, the Grantee agrees to perform the work withirt the terms and conditions in this Annual Plan C'n Contract, including Attachment A, which is attached and incorporated into this Annual Plan Cnant Contract. The C'Jrantee must sign its approval in the designated signature block and return 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: 9/26/OS Contract End Date: 11/7/OS The services to be provided under this Annual Plan Crrant Contract are the Speed Limit Enforcement Project, Attachment B, which is attached and incorporated into this Annual Plan Grant Contract. The C'rr2ntee will be reimbursed an amount not to exceed $3600.00 for the above services performed under this Annual Plan Grant Contract. The Crrantee 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 Grantee'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 Indrvrdual cenifies thnt funds have been encumbered ¢s required byA "m. Stnt. §§ 16 .IS and 16CA5. Signed: Date: /C/ ' Cttant Contract No. �G('�'/ '� (/( D� 3. STATE AGENCY By: (with delegated authority) Title: Date: 2. GRANTEE The Grantee cenifies that the apprapriate person(s) have esecuted the contract on behaljaf the Grantee as required by appkcable arkcles, by[aws, resoluhons, or ordinances. By: Title: Date: FY2006 MSP Speed (09/OS) Page 1 ATTACHl��NT A 1. Conditions of Payment All seroices provided by the Grantee under tlus Annual Plan Grant Contract must be performed to the State's sarisfacrion, as deternvned in the sole discretion of ffie State's Authorized Representarive and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The Grantee will not zeceive payment for work found by the State to be unsatisfactory, or performed in violation of federal, state or local law. 2. Cancellation This Annnal Plan Crrant Con¢act may be canceled by the Shte at any rime, with oz without cause, upon thirty days' written notice to the Grantee. Upon teimination, the Grantee will be entitled to payment, determined on a pro rata basis, for services sarisfactorily performed. 3. Amendments Any axnendment to this Annual Plan Grant Conuzct 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 Crrant Conh�act, or their successors in office. 4. Assignment The Grantee may neither assign nor transfer any rights or obligations under this Annual Plan Cttant Conlract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and appzoved this Annual Plan Cnant Contract, or theu successors in office. 5. Liability The Crzantee must indemnify, save and hold the State, its agents, and employees harmless from any claims ot causes of acrion, including attomeys' fees incurred by the State, arising from the performance of this Annual Plan Grant Coniract by the Grantee or the Grantee's agents or employees. 17us clause will not be conshued to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligarions under tiris Annual Plan Grant Conhact. 6. State Audit Under Minn. Stat. § 16CA5, subd. 5, the Crrantee's books, records, documents, and accounting procedures and pracrices relevant to this Annual Plan Grant Contract are subject to examination by the State and/or the State Auditor or the Legislarive Auditor, as appropriate, for a minitnum of six yeazs from the end of this Annual Plan Grant Conhact. 7. Federal funds (Where applicable, if blank tlus secrion does not apply) Payments under this Annual Plan Cmant Contract will be made from federal funds obtained by the State through Tifle 23 CFDA number 20.600 of the State and Communitv Hiehway Safetv Act of 1966. The Crrantee is responsible for cotnpliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requuements. 8. Federal Audit The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circulaz A-133. Federal Audit Requirements is incoxporated by reference. 9. Government Data Practices Act The Grantee and the State must comply with the Minnesota Govemment Data Pracrices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Annua.l Plan Grant Contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Annual Plan Grant Coniract. 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. In ffie evem 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 regarding the subject matter of this Annual Plan Grant Contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representarive. For purposes of tius 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 subconiractors, with respect to the program, publications, or services provided resulting from this Annual Plan Grant Contract. 11. Worker's Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensarion insurance coverage. The Grantee's employees and agems will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and any clauns made by any third party as a consequence of any act or omission on the part of these employees aze in no way the State's obligation or responsibility. 12. Data Disclosure Under Minn. Stat. § 270.66, and offier applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identificarion number, and/or Minnesota tax idenrificarion nuxnber, 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 acrion requiring the Grantee to file state tas rehuns and pay delinquent state tax liabiliries, if any, or pay other state liabilihes. 13. Jurisdiction and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Annual Plan Grant Contract. Venue for all legal proceedings out of this Annual Plan Cnant Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Raxnsey County, Minnesota. FP2006 MSP Speed (09/OS) Page 2 Attachment B Speed L'unit Enforcement Project Grantee's Duries Coordinate speed enforcement with the State district authorized representative for speed enforcement to be heid between September 26, 2005 and November 7, 2005, providing up to seventy-two hours of enforcement. 2 All law enforcement officers participating in this program must be Peace Officers Standards and Training Board (POST) licensed as provided by Minnesota law. 3 All law enforcement officers participating in the program should aggressively enforce traffic laws with an emphasis on speed limits. 4 All law enforcement officers participating in the program shall work only on roadways designated by the district authorized representative. 5 Grantee will provide a list of eligible law enforcement officers who may participate in this program with their overtime rate ofpay, 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 Activity Reports and Activity Logs (samples attached) to verify work efficiency by those officers working the speed proj ect; officers unwilling or unable to diligently pursue violators cannot be allowed to work subsequent speed project shifts and Grantee will wark with the State's district authorized representative to replace such officers with qualified officers. 7 Grantee will complete and submit all required paperwork following each scheduled shift including, but not limited to, Officer Activity Reports and Invoices to the State's district authorized representative within seven (7) working days following the end of the enforcement period. 8 Grantee will participate in public information and media efforts with the State's district authorized representative as part of each enforcement period. Crrantee shall provide for all operating costs inciuding, but not limited to, maintenance and repairs of squad cazs used in performance of this grant agreement and shail provide all necessary insurance for them. 10 Grantee's law enfarcement officers, providing services under this grant agreement, aze employees of the Grantee and not employees of the State or Federal government. 11 State's district authorized representative is Lt. Bruce Brynell at (651)779-5913. FY2006 MSP Speed (09/05) Page 3 Attachment C Speed Limit Enforcement Project Personnel Roster OT FRINGE HOURLY HOURLY BENEFIT OFFICER NAME BADGE # RATE RATE� RATE** ' Complete even if the same as Hourly Rate " Fringe Benefit Rate Breakdown: % % % % % % o� % % % SPEED ZoneNumberAssigned: MANAGEMENT PROJECT OFFtCER ACTIVITY REPORT Number of Vehicles umber of Citations Issued Speed Enforcement Project Ac�ivity Log Name: Date: Time Vehicle Vehicle (Vl�arningl Reason/Code Citation #/Name License Make (C)itation/ # A rrest ,�