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06-264Couucil File # RESOLUTION OF S�INT PAUL, MINNESOTA 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 March 17 through 3 March 18, 2006; and 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVEA, that the Saint Paul City Council authorizes the City of Saint Paul to enter iuto, 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 file and on record in the Office of Financial Services. 29 30 Requested by Department of: BY� Y`� � Adopted by Council: Date: /j�/���� /S, �OO�v Adoption Certified by Council Secretary: � Approved � Green Sheet # n�-��4 3029629 2y � �9-1� A�p oval Recommended by Financial Services: By' �.—�_-� Fo Ap roved by City Attorney: B Approye�i Ma or for issi to Council: BY: % %1/\ , � Q:\FiscalWO&CR�2006\Night Cap Grant March 17 through March 18, 2006.cr2006.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Q�-a�y DepartmenUoffice/council: Date Initiated: � pD — PoliceDepamnem 06FEB-O6 Green Sheet NO: 3029629 ConWCt Person ffi Phone: Deoartment Sent To Person InkiaUDate Chief John Harrington � 0 odce De arhnen[ P Gce De arhnent 26Fr5588 p�� 1 o'ce De artment De arhnent Direcmr Must Be on Council /�enda by (Date): Number 2 , o ;� rvices F;nan 'al Services For �� Routing 3 i Attorne Ci Attome Ord6� 4 or•s Offic Ma r 5 ouncil Ci Council 6 i lerk ' Clerk 7 olice De artment Police De artment Total # of Signature Pages (Clip All Locations for Signature) Action Requested: Signatures on the attached council resolufion authorizing the City of Saint Paul, Police Depaziment, to enter into the attached agreement with the Minnesota Department of Public Safety. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Mus[ 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 person/firm 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, Opportunity (Who, What, When, Where, Why): The Ciry of Saint Paul, Police Department, has received a Night Cap Grant from the Minnesota Department of Public Safety for the period of Mazch 17, 2006 through Mazch 18, 2006. Authorization is needed to enter into a grant agreement with the Minnesota Department o'.'Public Safety. For more informarion regarding this grant please give Cdr Greg Pye a call at 651-266-5999. AdvantapeslfApproved: ' The Night Cap grant provides funding for traf£c enforcement targeting impaired driving due to alcohol. DisadvantageslfApproved: ' None. F '-�„ �_—' S^ .-'•." Y �;�; , _� x�'"@„ �; ', , s`�` 3 � m � "�." � � e,�� �.� � _ � Disadvantages If Not Approved: � Inability to use grant fuuds available for saturatSon of unpaired due to alcohol. �: e� � �n ��f' � ' ���� � � ������ Total Amount of $�� Cost/Revenue Budgeted: Transaction: Funaing source: State of Minnesota Activiri Number: 34146 Fi nancial I nfortnation: (Explain) . STATE OFbIINNESOTA ANNUALPLAN GRANT CONTRACT ��.��� T1us 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 City of St. Paul, Police Department, 367 Grove S�eet, St. Paul, MN 55101 ("Grantee"). Under Mimi. Stat. § 299A.01, Subd 2(4), the State is empowered to enter into this Annual Plan Grant Conhact. By written acceptance below, the Grantee agrees to perform the work within the tenns and condirions in this Annual Plan Grant Contract, including Attachment A, which is attached and incorporated into this tlnnual Plan Crrant Contract. The Crrazitee 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. Contract Begin Date: 3/17/06 Contract End Date: 3/18/06 The services to be provided under this Annual Plan Grant Contract aze the NightCAP Crrant Program, Attachment B, which is attached and incorporated into this Annual Plan Grant 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 completion of the above services to the State's Authorized Representafive. The State's Authorized Representarive 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 lndivadual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A. 5 and 16C.05. f r J Signed: ,,` �"�. , `f F'� '� ' L � �, Date: � � G' 11 Grant Confract No. � A! U U I � I(�]— 2. GRANTEE The Gr¢ntee cerdfies tha! the a have zcecufed th ntracf on b required by plica6le anides, B Tifle: `i �` Date: —\ ,� or ord�nances. 3. STATE AGENCY iiti FP2006 MSP (08/OS) Page 1 ATTAC�NT A �\ � a.�� Y 1. Condirions of Payment All services provided by the Grantee under this Annual Plan Grant Contract must be perFormed to the State's sarisfacrion, as detemvned in fhe sole discretion of the State's Authorized Representarive and in accordance with all applicable federal, state, and local laws, ordivances, rules and regularions. The Cnantee 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 This Annual Plan Crrant Con�act may be canceled by the State at any time, with or without cause, upon thirty days' written notice to the Grantee. Upon termination, the Grantee will be entifled to payment, detexmined on a pro rata basis, for services sarisfactorily performed. 3. Amendments Any amendment to tkris Annual Plan Cnant Contract must be in writing and will not be effective until executed and approved by the same patties who executed and approved ffie original Annual Plan Grant Con4act, or theu successors in office. 4. Assignment The Grantee may neither assign nor hansfer any rights or obligarions under ttris Annual Plan Cttant 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 Crrant Contract, or theu successors in office. 5. Liability The Grantee must indemnify, save and hold the State, iu agents, and employees barmless from any claims or causes of action, including attomeys' fees incurred by the State, arising from the performance of tlus Annual Plan Grant Contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligarions under tlus Annual Plan Grant Contract. 6. State Audit Under Minn. 5ht. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to tlus Annual Plan Grant Contract aze subject to exanilnation by the State and/or the State Auditor or the Legislarive Auditor, as appropriate, for a minimum of six yeazs from the end of this Annual Plan Grant Cont�act. 7. Federal funds (Where applicable, if blank tlus secrion does not apply) Payments under this Annual Plan Grant Conuact will be made from federal funds obtained by the State through TiUe _23_ CFDA number 20.600 of the State and Community Highway Safety _ Act of 1966 . The Grantee 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 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 incorporated by reference. 9. Government Data Practices Act The Grantee and the State must comply with the Minnesota Governmem Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under tlus Annual Plan Grant Contract, and as it applies to all data, created, collected, received, stored, used, xnaintained, 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 zelease the data referied to in this clause, the Giantee must immediately norify the State. 10. Publicity Any publicity regarding the subject matter of tlus Annual Plan Crrant Conl�act 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 tlus provision, publicity includes norices, informarional pamphlets, press releases, research, reports, signs, and similar public nofices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publicarions, or services provided resulring from this Annual Plan Grant Contract. 11. Worker's Compensation The Grantee certifies that it is in cotnpliance with Minn. Stat. § 176181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claixns that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and any claims made by any third parry as a consequence of any act or omission on the part of these employees ue in no way the State's obligarion or responsibility. 12. Data Disclosure Undei Minn. Stat. § 270.66, and othei applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identificarion number, and/or Minnesota taac idenrification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These idenrification numbers may be used in the enforcement of fedezal and state taY laws wluch could result in action requiring the Grantee to file state tax retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. 13. Jurisdiction and Venue Minnesota law, without regard to its choice-of-law provisions, govems 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 jurisdiction in Ramsey County, Minnesota. FY2006 MSP (08/OS) Page 2 Attachment B NiQhtCAP Grant Prosam Grantee's Duties O ` ✓ ��� 1 Coordinate alcohol saturations with the State's disuict authorized representarive for satunrion events to be held on March 17, 2006, providing up to sixteen hours of enforcement. 2 All law enforcement officers participating in flris pcogcam must be Peace Officexs Standards and Treining Boazd (POST) licensed as provided by Minnesota law. 3 All law enforcement officers pazticipating in this program must be Standardized Field Sobriety Testing (SFST� hained. Grantee 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 flus program should aggessively enforce haffic laws with an emphasis on impaired driving. 5 Grantee wIll provide a list of eligible law enforcement ofFicers who may participate in ttus program with their overtime rate of pay, including fringe benefits, on "Personnel Roster". Reixnbursement will be made only for hours that officers work on a day off or on a shift extension. 6 Crrantee wIll review Officer Activity Reports and Acrivity Logs (samples attached) to verify work ef£iciency by those ofFicers wozking the satura5ons; officers unwilling or unable to diligently pursue impaired drivers cannot be allowed to woxk subsequent satutarion events and Grantee will work with the State's district authorized representarive to replace such o�cers with qualified officers. 7 Grantee will complete and submit all required paperwork following each saturation event including, but not lunited to, Officer Acrivity Reports and Invoices to the State's disuict authorized representarive within seven (7) working days following each saturarion event. 8 Gi'antee will pazticipate in gublic informafion and media efforts with the State's district authorized representarive as a part of each saturarion event. 9 Grantee shall provide for all operating costs including, but not limited to, mainteaance and repairs of squad cars used in perfom�ance of tlus gant agreement and shall provide all necessary insurance for them. 10 Grantee's 3aw enforcement officeis, pioviding services under tUis grant agzeement, aie employees of the Grantee and not employees of the State or Federal government. 11 State's dishict authorized representarive is Lt. Bruce Brynell at (651)779-5913. FY2006 MSP (08/05) Page 3 Opera�ion Atiachment C �j�.z4`1 NighfCAP Personnel Ros�er OT FRINGE HOURLY HOURLY BENEFIT OFFICER NAME BADGE #k RATE RATE� RATE� � Complete even if fhe same as Hourly Rafe "� Fringe Benefif Rafe Braakdown: % % o� % o� % % % % °/a County Assigned: ��- OFFICER ACTIVITY REPORT Total Number of Vehicles Total Number of Citations Total Number of People A Total Desi nated Driver Contacts nc� a�y Operation NightCAP Acfiivity Log Name: Date: Time Vehicle Vehicle (Vlnarningl Reason/Code Citation #lName License Make (C)itation/ # A rrest