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05-729Council File # Presented By: Referred To: 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: WIIEREAS, the City of Saint Paul, Police Department, has received an Operafion Night Cap grant from the Minnesota Department of Public Safety for traffic enforcement for the period of April 9, 2005 through May 22, 2005 ; and BE I'I' RESOLVED, that the Saint Paul City Council accepts this grant and authorizes the City of Saint Paul to enter into, and Chief John Harrington to implement the attached agreement with the Minnesota Department of Public Safety, which includes an indemnification clause. A copy of said agreement is to be kept on £�e and on record in the Office of Financial Services. J ✓ Adopted by Council: Date: Adoption Certified by Council Secretary: BY� %l.0 Sili Approv Mayo : Date: By: Night Cap Grant April 9- 21.cr2005.x1s RESOLUTION CTTY OF�SAINT PAiL, MINNESOTA Green Sheet # -��9 302'1376 15 Absent ✓ Requested by Department of: pp oval Recommended by�Financial Services: By: � � _ � B : �-.�5�� By: by City Attorney: Mayor�for � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ►�l.-'1�9 ' DepartrneMlofficelcouncil: Date Initiated: w •�. ,. Po -po�;�aD�� ,�-���-05 Green Sheet NO: 3027376 Contact Person 8 Photre• Decartme� Ser�t To Person InitiaUDate , Chief JOhn HaRing[on � 0 lice De ar6nent Police D aronent � 266-5588 /��yn '� 1'' olice D artment armient DireUOr .p,' Must Be on Council Agenda by (Date): Number 2 io ncial Services Fnancial rvi w, Fo� 3 i Attome Ci Attornev `/ Routing Order 4 a r's �ce Ma or s� � 5 onncil ouneil " � 6 i erk Ci lerk �:.��= 7 oliceDe arimeut Polic De artment t- �� Total # of Signature Pages, (Clip All Locations for Signature) >� �r' Action Requested: Signatures requested on the attached council resolurion authorizing the City of Saint Paul, Police Department, to enter into the attached ageement with the Minnesota Department of Public Safety. Recommendations: Approve (A) or Reject (R): Pereonal Service Contracts Must Answer the Following 4uestions: � Planning Commission , 1. Has this persoNfirm ever worked under a confiact for this department? . CIB Committee Yes No Civil Service Commission 2. Has this person/firzn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet �,,.'�, iil ' Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): *' The City of Saint Paul, Police Departrnent, has received a Night Cap Grant frotri the Minnesota Deparlment of Public Safety. ;i4 � Authorizarion is needed to enter irno a grant agreement with the Minnesota Deparhnent of Public Safety. �: �a �: +!,�' , AdvantaStes If Approved: The Night Cap grant provides funding for traffic enforcement targeting impaired driving due to alcohol. Y Disadvantaqes If Approved: ��� e �D None. ��� �� 2 g 2005 Disadvantages If Not Approved: ���� ���/'y1'.�{���� ' Inability to use grant funds available for saturarion of impaired driving due to alcohol. V� - 7otal Amount of 1200 CosURevenue Budgeted: Transaction: . FunainA source: State of Minnesota activicv Numter: 34146 � Financiallnformation: � � (ExpWin) . STATE OF rIINNESOTA ��` `�` ` ANNUAL PLAN GRANT CONTRACT This Annual Plan Grant Conh-act is between the State of Minnesota, acting through 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 DeparRnent, 367 Grove Street, St. Paul, MN 55101 ("Crrantee'�. Under Minn. Stat. § 299A.01, Subd 2(4), the State is empowered to enter into this Annual Plan Cn�ant Conh�act. By written acceptance below, the Crrantee agrees to perform the work within the terms and conditions in this Annual Plan Crrant Conhact, including Attachment A, which is attached and incorporated into this Annual Plan Grant Contract. The CTrantee must sign its apgroval in the designat�d signature block and retum the original signed Annual Plan Grant Contract and its attactunents to the State's address shown above, prior to the commencement of services. Contract Begin Date: 4/9/OS Contract End Date: 5/22/OS The services to be provided under this Annual Plan Grant Conh�act aze the NightCAP Grant Program, Attachment B, which is attached and incorporated into this Annual Plan Grant Contract. The Crrantee will be reimbursed an amount not to exceed $1200.00 for the above services performed under this Annual Plan C'rrant 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 Grantee's perforn�ance and authority to accept the services provided under this grant contract. If the services are sarisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. FY2005 MSP (08/04) Page 1 1. ENCU6IBRANCE YERIFICATION� �// r' !i '!i��� lll �1 � � . . �� ��i �� �� 2. GRAN'CEE: By. Title: St Paul Depury Mayor, Chief of Sqff Date: By: Title: St. Paul Financial Services Director Date: By: TiUe: St Paul City Attorney Date: By: TiUe: Chief of St. Paul Police Date: 3. STATE AGENCY: By: Title: Date: (�j-'12� FY2005 MSP (08/04) Page 2 ATTA��NT A CY� 1. Conditions of Payment All services provided by the Cttantee under this Annual Plan Grant Con4act must be performed to the State's satisfacrion, as determined in the sole discretion of the State's Authorized Representarive and in accordance with all applicable federal, state, and local laws, ordinances, rules and regularions. The Grantee will not receive payment for work found by the State to be unsarisfactory, or performed in violation of federal, state or local law. 2. Cancellarion This Annval Plan Crrant Contract may be canceled by the State at any time, with or without cause, upon tbirty days' written notice to the Grantee. Upon terminarion, the Giantee will be entitled to payment, deteimined on a pro rata basis, for services satisfactorily performed. 3. Amendments Any amendment to this Annual Plan Grant Contract 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 Con4act, or their successors in office. 4. Assignment The Grantee may neither assign nor transfer any rights or obligations under tbis Anm�al Plan Cnant Conttact without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by The same parfies who executed and approved this Annual Plan Cnant Contract, or their successors in office. 5. LiabiliTy The Grantee must indemnify, save and hold the State, its agenu, and employees harmless from any claims or causes of action, including attomeys' fees incurred by the State, arising from the performance of tlus Annual Plan Grant Conhact by the Cnantee or the Cnantee's agents or employees. Tlus clause will not be construed to baz any legal remedies the Grantee may ttave for the State's failure to fulfill its obligations under tlus Annual Plan Grant Contract. 6. State Audit Under Minn. Stat. § 16C.05, subd. 5, the Gzantee's books, records, documents, and accounting procedures and practices relevant to this Annual Plan ('nant Contract are subject to examinarion by the State and/or the State Auditor or the Legislarive Auditor, as appropriate, for a minimum of svc years from the end of this Annual Plan Grant Conhact. 7. Federal funds (Where applicable, if blank this secrion 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 Communiri Hiehwav Safetv Aet of 1966. The Cnantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's faffure to comply with federal requirements. 8. Federal Audit The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Cucular A-133. Federal Audit Requuements is incorporated by reference. 9. Government Data Pracrices Act The Grantee and the 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 Annual Plan Grant Con�act, and as it applies to all data, created, collected, received, stored, used, inaiutained, or disseminated by the Grantee under tlus Annual Plan 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 Criantee or the State. In the event the Grantee receives a request to release the data referred to in this clause, the (n'antee must immediately notify the State. 10. PubliciTy Any publicity regazding the subject matter of tlus 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 pmposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, signs, and sixnilaz public norices prepared by or for the Gramee individually or joindy with others, or any subcontractors, with respect to the progratn, publicarions, or services provided resulting from this Annual Plan Grant Contract. 11. Worker's Compensatio¢ The Grarnee cerlifies 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 clauns that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and any claims made by any thi[d party as a consequence of any act ox 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 other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identificarion number, and/or Minnesota taY idenrification number, 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 tazc laws wlrich could result in action requiriug the Grantee to file state taY retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. 13. Jurisdiction and Venue Minnesota law, without regazd to its choice-of-law provisions, govems this Annual Plan l'srant Contract. Venue for all legal proceedings out of this Annual Plan Grant Contract, or its breach, must be in the appropriate state or federal court with competent jurisdicrion in Ramsey County, Minnesota. 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