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06-132Council File # �k' � Z Green Sheet # RESOLUTION OF,�AIlVT PAUL, MINNESOTA t � s�ll —� Presented By: Referred To: Committee:Date: 1 WHEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the 2 Minnesota Department of Public Safety for a Night Cap Grant for the period of December 31, 2005 throug 3 January 1, 2006; and 5 BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter into, 6 and Chief John Harrington to implement the attached agreement with the Minnesota Department of 7 Public Safety, which includes an indemnification clause. A copy of said agreement is to be kept on 8 Sle and on record in the Office of Financial Services. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Za as 26 27 28 29 30 Requested by Department of: � Financial Services: � Form A,pproyed by City BY� � �//iri�:/i�.�s/�.�, BY: � �- ,� ��" � Approved by : ate: L/ � 3 /�� A ved ayor Fo ubmission to Council: By: 1����� �y� �'�.� "(" Q:\FiscalWO&CR�2006\Night Cap Grant Dec 31, 2005 through Jan 1, 2006.cr.2006.x1s Adoption Certified by Council Secretary: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �e' ��Z DepartmenUoffice/council: Dffie Initiated: pp — PoliceDepartment 03-JAN-06 Green Sheet NO: 3029270 CoMact Person & Phone: Deoartrnent SentToPerson InitiallDate Chief John Hartingto0 0 G De a ent Pdlice ent 266-5588 p�iyn I o6ce De a eat De artment Director Must Be on Council /�qeada by (Date): NUmbe� Z manei inancial rvi FOr �— RoUtiflg 3 � Attome Ci Attome Ofder 4 a or's Office Ma or 5 ouncil Co ncJ 6 i Clerk Ci lerk 7 olice De a en[ Poli De artment 7otal # of Signature Pages _(Clip All Locations for Signature) Action Requested: Signahues on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached agreement with the Minnesota Departrnent of Public Safety. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this persorJfirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curreM city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiffiing Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Sauit Paul, Police Departrnent, has received a Night Cap Grant from the Minnesota Department of Public Safety for the period of December 31, 2005 tluough January 1, 2006. Authoriza6on is needed to enter into a grant agreement with the Minnesota Deparhnent of Public Safety. (For more inforxnation regarding this gxant agreement please give Cdr Greg Pye a call at 651-266-5999. Advantages If ApRroved: � �� "� The Night Cap grant provides funding for traffic enforcement targeting impaired driving due to alcohol. . �� ���`=� a"�t,� G � L�J� DisadvantapeslfApproved: ���°� ������� , None. Disadvantages If Not Approved: Inability to use grant funds available for saturarion of impaired driving due to alcohol. Total Amount of $�� CosURevenue Budgeted: Transaction: Funding source: State of Minnesota Activity Number: 34146 F i nancial 1 nformation: (Explain) ����: STATE OF MIlVNESOTA �_ t ��' 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 S�eet 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 Grant Contract. By written acceptance below, the Grantee agrees to perform the work within the terms and condirions in this Annual Plan Crrant Contract, including Attachment A, which is attached and incorporated into this Annual Plan Cttant Contract. The Crrantee must sign its approval in the designated signature block and retum the original signed Annual Plan Grant Contract and its attachments to the State's address shown above, prior to the commencement of services. Conh�act Begin Date: 12/31/OS Contract End Date: 1/1/06 The services to be provided under this Annual Plan Crrant Contract are the NightCAP Grant Program, Attachxnent B, which is attached and incorporated into this Annual Plan Cnant Contract. The Grantee will be reimbursed an amount not to exceed $800.00 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 Representarive is Lt. Mark Peterson, 444 Cedaz 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 Individual cenifiu th¢t funds hwe been encumbered as required by Minn. Siat. §§ l6A.75 nd 16C.05. Signed: '1�!���61/�.%S„-- DaYe: � / �V � Crrant Contract No. L�2JIf(f r- !_ 1! U 2. The ha� reg By Tit Da FY2006 MSP (08/05) Page 1 - ATTACHbIENT A pta-13 Z 1. Condifions of Payment All services provided by the Grantee under this Annual Plan Grant Conaact must be performed to the State's satisfacrion, as determined in the sole discrerion of the State's Authorized Representarive and in accordance cvith all applicable federal, state, and local laws, ordinances, rules and regulations. The Grantee 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 Tlvs Annual Plan Grant Conhact may be canceled by the State at any time, with or without cause, upon thirty days' written notice to the Grantee. Upon tenninarion, the Grantee will be enritled to payment, deteimined on a pro rara 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 pazties who executed and approved the original Annval Plan Cnant Contract, or theu successors in office. 4. Assignment The Grantee may neither assign nor transfer any rights or obligarions under tlus Annual Plan Grant Contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Annual Plan Grant Contract, or their successors in office. 5. Liability The Crrantee must indemnify, save and hold the State, its agents, and employees l�armless from any claims or causes of action, including attorneys' fees incurred by the State, arising from the perforn�auce of this Annual Plan Grant Contract by the Grantee or the Grantee's agents or employees. T7us clause will not be construed to bar any legal remedies the Grantee may have for the Shte's failure to fulfill its obligations under this Annual Plan Grant Contract. 6. State Audit Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this Annual Plan Grant Con4act aze subject to examination by the State and/or the State Auditor or the Legislative Auditor, as appropriate, for a minimum of six yeazs from the end of flus Annual Plan Caant Contract. 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 thtough Title _23_ CFDA number 20.600 of the State and Community Highway Safety _ Act of 1966 . The Crrantee 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 failure 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 Circular A-133. Federal Audit Requirements is incorporated by reFerence. 9. Government Data Practices Act The Crrantee and the State must comply with the Minnesota Government 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, xnaintained, or disseminated by ffie 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 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 pLUposes of this provision, publicity includes norices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepared by or for the Cnantee individually or jointly with others, or any subconuactors, with respect to the program, publications, or services provided resulring from this Annual Plan Grant Contract. 11. Worker's Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers' compensarion insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and any claimc made by any third party as a consequence of any act or omission on the part of these employees ue 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 taac identification number, and/or Minnesota tax identificarion number, already provided to ffie State, to federal and state tax agencies and state personnel involved in the payment of state obligarions. These idenrification numbers may be used in the enforcement of federal and state tax laws which could result in acfion requiring the Grantee to file state tax rehuns and pay delinquent state tax liabilities, if any, or pay other state liabiliries. 13. Jurisdiction and Venue Minnesota law, without regazd to its choice-of-law provisions, govems tlus 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 jurisdicrion in Ramsey County, Minnesota. FY2006 MSP (08/OS) Page 2 NightCAP Crrant Proeram Grantee's Duties ki;LT�� �� � �� ptn-132. 1 Coordinate alcohol sat�uarions with the State's dishict authori2ed representarive for satucation events to be held on December 31, 2006, providing up to sixteen hours of enforcement. 2 All ]aw enforcement officers participating in this program must be Peace Officers Standards and Training Boazd (POST) licensed as provided by Minnesota law. 3 All law enforcement officers participaring in this progam must be Standardi2ed Field Sobriety Testing (SFST) 4ained. Crrantee must provide proof of 4aining for each ofFicer not currently qualified before such officer(s) will be allowed to participate in the program 4 All law enforcement officers participating in this program should aggressively enforce traffic laws with an emphasis on impaired driving. 5 Grantee will provide a list of eligible ]aw enforcement officers who may participate in this 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 Activity Reports and Acrivity Logs (samples attached) to verify work efficiency by those officers working the saturarions; officers unwilling or unable to diligently pursue impaired drivers cannot be allowed to work subsequent saturarion events and Grantee will work with the State's district authorized representarive to replace such officers with qualified officers. 7 Grantee will complete and submit all required paperwork following each saturarion event including, but not limited to, Officer Acrivity Reports and Invoices to the State's dishict authorized representa5ve within seven (7) working days following each saturarion event. 8 Grantee will participate in public inforxnation and media efforts with the State's district authorized representative as a part of each saturation event. 9 Grantee shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cazs used in performance of this grant agreement and shall provide all necessary insurance for them. 10 Grrantee's law enforcement officers, providing services under this grant agreement, aze employees of the Grantee and not employees of the State or Federal govexnment. 11 State's district authorized representative is Lt. Bruce Brynell at (651)779-5913. FY2006 MSP (08/OS) Page 3