05-178Council File #
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By:
Green Sheet #
o5-��g
3025183
LI
Referred To:
Committee:Date:
1 WHEREAS, the City of Saint Paul, Police Department, has received an Operation Nightcap grant from
2 the Minnesota Department of Public Safety for traffic enforcement for the period of February 5, 2005
3 through March 18, 2005 ; and
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5 BE IT RESOLVED, that the Saint Paul City Council accepts this grant and authorizes the City of
6 Saint Paul to enter into, and Chief John Harrington to implemeni the attached agreement with the
7 Minnesota Department of Public Safety, which includes an indemnification ciause. A copy of said
8 agreement is to be kept on file and on record in the Office of Financial Services.
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Adopted by Council: Date: /jOj�.� o p aj���-
�doption Certi£ed by Council Secretary:
gY� /J�1i�i� �� i.iisi>.9
�pproved b��or: Date: � ;
ty:
Mayor �
Requested by Department of:
� Green She,et Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
M_�-�a�
DepartrnenUOffice/council: Date Initiated:
VJ a �v
pD — PoliceDepartnent 09-FEB-05 Green Sheet NO: 3025183
Contact Person & Phone• Dewr4nent Sent To Person InitiaUDate
Chief John Harfington � 0 lice e artment P lice artmen
266-5588 p5sign 1 'ce e artment P lice artment
Must Be on Council Agenda by (Date): Number 2 ; pttom i ttome �
For
Routing 3 a or' tfice Ma or
Ofdef 4 ncil i ou iI
5 i CI �k Ci lerk
, . 6 - oli e De a men " P Iice De a m o
ToWI # of Signature Pages (Clip Ali Locations for Signature)
Action Requested:
Signatures requested on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent, and the State of
Minnesota to enter into the attached agreement.
Recommendations: Approve (A) or Reject (Rp Personal Service Contracts Must Answer the Following Questions:
Planning Commission � 1. Has this person�rm ever worked under a coMract for this department�
CIB Commitlee Yes No
Civil Service Commission 2. Has this Derson/firm ever been a city employee?
Yes No
3. Does Mis person/firtn possess a skili not nortnally possessed by any
current city employee? .
Yes No
- Explain all yes answers on separete sheet and attach to green sheet
� Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why):
The City of Saint Paul, Police Departrnent, has received a grant from the Minnesota Depar4nent of Public Safety for coordination of
alcohol saturation from February 5, 2005 through March 18, 2005.
Advantages If Approved:
Grants funds will be available for police for overtime Co coordinate alcohol saturarion.
� : }
oL;.�Vae�;
DisadvanWgeslfApproved: g �
None.
� t�SVGP,apY`bi �an$s� r� i��A���c`�.' �) .
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Disadvarrtages If Not Approved: �
Loss of grant funds available for traffic enforcement.
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ToYalAmountof _ u= � = � ;l#
1600 CosURevenue Budgeteu: �
Trensaction: 3� �� � ,� �y� ,r -
Fundinq source: State of Minnesota grant Activitv Numtier. 436 gq �
Financialinfortnation: . ��'�~� �� �4 1 & �����'
(Explain)
05-�
STATE OF NIINNESOTA
ANNUAL PLAN GRANT CONTRACT
Ttris Annual Plan Cnant Contract is between the State of Minnesota, acting thiough its Commissioner of Public Safetv,
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 ("Grantee'�.
Under Minn. Stat. § 299A.01, Subd 2(4), the State is empowered to enter into this Annual Plan Crrant Contract.
By written acceptance below, the Grantee agrees to perform the work within the terms and condirions in this Annual Plan
Grant Contract, including Attachment A, which is attached and incorporated into this Annual Plan Cnant Con�act. The
Grantee 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: 2/5/OS Contract End Date: 3118105
The setvices to be provided under this Annual Plan Grant Contract are the NightCAP Grant Program, Attachment B,
which is attached and incorporated into this Annual Plan Grant Contract.
The Grantee will be reimbursed an amount not to exceed $1600.00 for the above services performed under this Annual
Plan Grant Contract. The Grantee must submit one itemized invoice upon complerion of the above services to the State's
Authorized Representative.
The State's Authorized Representative is Lt Mark Peterson 444 Cedar Street Suite 13Q, 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 gant contract. ff the services are satisfactory, the State's Authorized Representative will certify
acceptance on each invoice submitted for payment.
TF� REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
FY2005 MSP (OS/04) Page 1
(yj-1�1�
1. ENCOliBRhNCE VERZFICATION�
- � ��/��� � .�.�
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B
Title: St Paul Deputy Mayor, Chief of Staff
Date:
By:
Title= St. Paul Financiat Services Directnr
Dace:
By:
Title: St Paul CiTy Attorney
Date:
By:
Tiqe: Chief of St. Paul Po73ce
Date:
3. STATE AGENCY:
By:
Title:
Date:
FY2005 MSP (OS/04) Page 2
ATTAC�NT A �—„�
1. Conditions oF Payment All services provided by the Grantee under this Annual Plan Grant Conffact must be performed to
the State's satisfacrion, as determined in the sole discretion of the State's Authorized Representative and in accordance with
all applicable federal, state, and local laws, ozdinauces, rules and regularions. The Crrantee will not receive payment for work
found by the State to be unsatisfactory, or performed in violarion of federal, state or local law.
2. Cancellarion This Annual Plan Grant Cont�act may be canceled by the State at any time, with or without cause, upon tUirry
days' written notice to the Grantee. Upon termination, the Grantee will be entifled to payment, determined on a pro rata
basis, for services sarisfactorily performed
3. Amendmenu Any amendment to this Annual Plan Crcant Con�act must be in svriting and will not be effective until executed
and approved by the same parties who executed and approved the original Annual Plan Gtant Contract, or their successors in
office.
4. Assignment The Grantee may neither assign nor transfer any rights or obligarions under tkus Annual Plan Grant Coniract
without the prior consent of the State and a fully executed Assignment Agreement, executed and appzoved by the same
pazties who executed and approved ttus Annual Plan Cnant Contract, or their successors in office.
5. Liability The Crrantee must indemnify, save and hold the State, iu agents, and employees harailess from any claims or
causes of action, including attomeys' fees incurred by the State, arising from the performance of this Annual Plan Grant
Contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to baz any legal remedies
the Gmntee may have for the State's failure to fulfill its obligations under tlus Annual Plan Grant Conhact
6. State Audit Under Minn. Stat. § 16C.05, subd. 5, ffie Grantee's books, records, documents, and accounting procedures and
practices relevant to this Annual Plan Grant Conhzct aze subject to exan�ination by the State and/or the State Auditor or the
Legislarive Auditor, as appropriate, for a nrinimum of six years from the end of t}ris Annual Plan Grant Contract.
7. Federal funds (Where applicable, if blank ttris section does not apply) Payments under this Annual Plan Grant Contract will
be made from federal funds obtained by the State through Title 23 CFDA number 20.600 of the State and Communitv
Hiehwav Saferi Act of 1966. The Grantee is responsible for compliance with all federal requuements imposed on these
fiuids and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal
Yequuements.
8. Federal Audit The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget
Cxculaz A-133. Fedezal Audit Requuements is inwrporated by refeience.
9. Government Data Practices Act The Grantee and the 5tate must comply with the Minnesota Government Data Practices
Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under tUis Annual Plan Gcant Contract, and as it applies
to all data, created, collected, received, stored, used, maintained, or disseminated by the Grantee under tlus Annual Plan
Cnant Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refeired to in t}ris clause by eitUet
the Grantee or the State. In Yhe event the Grantee receives a request to release the data referred to in Yhis clause, the Grantee
must immediately notify the State.
10. Publicity Any publicity regazding the subject matter of this Annual Plan Crrant 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
putposes of this provision, publicity includes norices, informational pamphlets, press releases, reseazch, reports, signs, and
similar public notices prepared by or for the Grantee individually or jointly with others, or any subconhactors, with respect to
the program, publicarions, 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
workexs' compensarion insurance coverage. The ('nautee's employees and agents will not be considered State employees.
Any clauns that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and any claims
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 Undet Minn. Stat. § 270.66, and othei applicable law, the C,iantee consents to disclosuce of its social
security number, federal employer tax identificarion number, and/or Minnesota taac identification number, already provided to
the State, to federal and state tas agencies and state pexsonnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federai and state tax laws wluch could result in action requiring the
Grantee to file state tax ietuivs and pay delinquent shte tax liabilities, if any, oz pay other state liabilities.
13. Turisdiction and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Annual Plan Grant
Contract. V enue for all legal proceedings out of this Annual Plan Cttant Contract, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
FY200S MSP (OS/04) Page 3
ATTACHNIENT B
NiehtCAP Giant Proecam Cmntee's Duries
p5-���6
1 Cooxdinate alcohol saturarions with the State's dis�ict authorized representative for saturation events to be held on February
5 and Mazch 17, 2005 providing up to fliirty-tcvo hours of enforcement
2 All law enforcement officers participating in t6is program must be Peace Officers Standards and Training Boazd (POST)
licensed as pzovided by Minnesota ]aw.
3 All law enforcement officeis participating in tbis progam must be Standardized Field Sobriety Testing (SFST) irained.
Giantee must pzovide proof of trauung foi each officer not curcently qualified befoie such officer(s) will be allowed to
participate in the progtam.
4 All law enforcement officers participating in this program should aggressively enforce uaffic laws with an emphasis on
impaued driving.
5 Grantee will provide a list of eliable law enforcement o�cers who may patticipate in this progratn with their overtime rate
of pay, including fringe benefits, on "Persoanel Roster". Reunbursement will be made only for hours that officers work on a
day off or on a slrift extension.
6 Grantee will review Officer Activity Reports and Acrivity Logs (samples attached) to verify work efficiency by those officers
working the saturations; officers unwilling or unable to dfligently pursue impaired drivers cannot be allowed to work
subsequent saturation events and Grantee will work with the State's district authorized representarive to replace such officers
with qualified officers.
7 Cnantee will complete and submit all iequued papenvork following each satutarion event including, but not limited to,
Officer ActiviTy Reports and Invoices to the State's disttict authorized repxesentarive within seven (7) working days
following each saturarion event.
8 Grantee will participate in public information and media efforts with the State's dishict authorized representative as a part of
each saturarion event.
9 Grantee shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in
perfom�ance of this grant agreement and shall provide all necessary insurance for them
10 Grantee's law enforcement officers, providing services under tlus grant agreement, aze employees of the Grautee and not
employees of the State or Federal government.
11 State's district authorized represenhtive is Lt. Bruce Brynell, 651/779-5913.
FY2005 MSP (OS/04) Page A