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06-131Council File # �II' � �� Green Sheet # � � Presented By: Refened To: Committee:Date: 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 WHEREAS, the purpose of tlus grant is to coordinate speed enforcement with the State district 5 authorized representative for speed enforcement beriveen December 5, 2005 and January 29, 2006; and 7 THEREFORE BE TT 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, wluch 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 Requested by Department of: by Financial Services: Adopted by Council: Date __�L J• �DG� Adoption Certified by Council Secretary: BY� �r r �✓r l.�s�.-� Approved by a : Date: Z'/ �'j/Cd B ����u� RESOLUTION OF SAJI,VT PAUL, MINNESOTA l �{ By: Form ved by City Attorney: By: Approved a or for ubmissi n to Council: sy: _ , Speed Limit Enforcement Grant Dec 5, 2005-Jan 29, 2006.cr2005.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � n.-��� DepartmenUoffice/wuncii: Date Initiated: PD — po��ceDepanmrnt � 27-DEC-05 Green Sheet NO: 3029217 ConWCt Person & Phone• Deoartment Sent To Person InitiaVDate Chief John Hartington � 0 oti n 266-5588 /�j 1 ofice De arhnent ar[ment Director Must Be on Council Agenda by (Date): Number Z ,o n ial Services Offic Fnanci 1 For RoUting 3 i At[ me Ci Attome ✓ Ofdef 4 a r's M dAs istant 5 onncd Ci Council 6 Ir k � lice De ariment Police De artment Total # of Signature Pages (Clip All Locations for Signature) Action Reques[ed: Signatures on the attached council resoluuon authorizing the City of Saint Paul, Police Department, to enter into the attached agreement with the Minnesota Department of Pubiic Safety. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Pianning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any curtent city employee? Yes No ' Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): The City of Saint Paul, Police DepaRment, has received a Speed Limit Enforcement Project Grant from the Minnesota Department of Public Safety. Authorization is needed to enter into a grant agreement with the Minnesota Department of Public Safety. For more information regazding this council resolurion please give Cdr Greg Pye a call at 651-266-5999. Adva�taqes If Approved: The Speed L'unit Enforcement Project Grant provides funding for speed enforcement from December 5, 2005 Uuough January 29, 2006 �� ���� „ Disadvantages If Approved: p p �,� R None. ,�",` G � L°�U�J ���� .�������� Disadvantages If Not Approved: � Inability to use grant funds available for coordination of speed enforcement with the State district authorized representative. i , Total Amount of ��p CostlRevenue Budgeted: � Transaction: F^fL:r^:� �`�� Fundinq Source: State of MiMeSOV,I,. Activity Number. 34169 } r �'�� •• Fi nancial I nformation: ._ _ ��N :i 1 7"�� (Explain) � }w¢ w ��& " ` `�'��f��8�' � !p �' qy.g ' _ � m;`?'�Z : P'v4:E�,`.N [ !.T J" ' ��", . JAN���� ^ ` � � STATE OF MIl�TNESOTA � � � �, ANNi7AL 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. Paul, MN 55101-5130 ("State") and 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 Grant Contract. By written acceptance below, the Grautee 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 Grant Conh The Cnantee 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: 12/5/OS Conhact End Date: 1/29/06 The services to be provided under this Annual Plan Grant Coniract are the Speed Limit Enforcement Project, Attachment B, which is attached and incorporated into this Annual Plan Grant Conh'act. The Grantee will be reimbursed an amount not to exceed $3200.00 for the above services performed under this Annual Plan Grant 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. Mazk Peterson, 444 Cedaz Street Suite 130, St. Paul, MN 55101-5130, or his/her successor, and has the responsibiliry to monitor the C,rantee's performance and authoriTy to accept the services provided under this grant contract. If the services aze satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 1. ENCUMBRANCE VERIFICATION Indrvutual cert�es that funds have been encumbered as reguered by Mrna Smt. §§ 16A.15 arat 76C.05. Signed: � � W �f Date: �« � ��� Grant Contract No. �� Q`�� J b 2. GRANTEE The Grantee certifies that the appropriate person(s) hwe executed the contract on behaljof the Grantee as reguired by ag cable a�r i�,v' s, bylaws, qesoluhons, or ordinances. � �! B � ! ° / s Title: i Date: `\ `"�� f �� 3. STATE AGENCY By: ! (with delegated authority) Tifle: . Date: � '-°" FY2006 MSP Speed (09/OS) Page 1 ATTACHIVIENT A tJW � ( 3 1. Conditions of Payment Afl services provided by the Grantee under this Annual Plan Grant Contract must be performed to the State's satisfaction, as determined in the sole discretion of the State's Authorized Representauve and in accordance with all applicable federal, state, and local laws, ordinances, mles and regulations. The Grantee wIll not receive payment for work found by the State to be unsatisfactory, or perfoimed in violarion of federal, state or local law. 2. Cancellation This Annual Plan Grant Contract may be canceled by the State at any time, with or without cause, upon thirty days' written norice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services sarisfactorily performed. 3. Amendments Any amendment to this Annual Plan Grant Contract must be in writing and wil] not be effective unril executed and approved by the sazne parties who executed and approved the original Annual Plan Grant Contract, or their successors in office. 4. Assignment The Grantee may neither assign nor transfer any rights or obligations under this Annual Plan Grant Contract without the prior consent of the State and a fully executed Assi�ment Agreement, executed and approved by the sazne parties who executed and approved this Annual Plan Grant Contract, or their successors in office. 5. Liability The Grantee must indemnify, save and hold ffie State, its agenu, and employees hazmless 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 agenu or employees. This clause will not be consirued to baz any legal remedies the Grantee may have for the State's failure to ful£ill its obligarions under this Annual Plan Grant Contract. 6. State Audit Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, doc�anents, and accounting procedures and pracuces relevant to this Annual Plan Grant Contract aze subject to examination by the State and/or the State Auditor or the Legislative Auditor, as appzopriate, for a minimum of six yeazs from the end of this Annual Plan Grant Contract. 7. Federal funds (Where applicable, if blank this 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 requ'uements imposed on these funds and accepts full fmancial responsibility for any requirements imposed by the Grantee's failure to comply with federal requiremenu. 8. Federal Audit The Grantee will comply wiYh the Single Audit Amendments of 1996 and Office of Management and Budget Circulaz A-133. Federal Audit Requirements is incorporated by reference. 9. Government Data Practices 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 Contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the Grantee under this 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 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 Contract must identify the State as the sponsoring agency and rnust not be released without prior written approval from the State's Authorized Representarive. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, signs, and similaz public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the progtam, 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' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may azise under the Minnesota Workers' Compensation 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 are 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 iu social security number, federal employer taac identification number, and/or Minnesota tax identification number, akeady provided to the State, to federal and state taac 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 action requiring the Grantee to file state ta�c returns and pay delinquent state tax liabiliues, if any, or pay other state liabilities. 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 Grant Contract, or its breach, must be in the appropriate state or federal court with competent }urisdiction in Ramsey County, Minnesota. FY2006 MSP Speed (09/OS) p�e 2 ._S.I� Speed Limit Enforcement Proiect Grantee's Duties Ut9't 1 Coordinate speed enforcement with the State district authorized representative for speed enforcement to be held between December 5, 2005 and January 2, 2006, providing up to 64 hours of enforcement. 2 All law enforcement officers participating in this program must be Peace Officers Standards and Traiuing Boazd (POST) licensed as provided by Minnesota law. , 3 All law enforcement officers participating in the program shouid aggressively enforce h•affic 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 progrun with their overtime rate of pay, including fringe benefits, on "Personnel Roster". 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 wark efficiency by those officers working the speed project; o�cers unwilling or unable to diligently pursue violators cannot be allowed to work subsequent speed project shifts and Crrantee will work with the State's district authorized representafive to replace such officers with qualified officers. 7 Crrantee 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 enfarcement period. 9 Grantee shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in performance of this grant agreement and sha11 provide all necessazy 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. Bruce Brynell at (651)779-5913. FY2006 MSP Speed (09/OS) Page 3