06-558Council File #
Green Sheet #
Presented By:
Referred To:
RESOLUTION
CITYQF SAINT PAUL, MINNESOTA
� �
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 May 19 througL
3 September 30, 2006; and
5 BE TT 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 indemni£cation clause. A copy of said agreement is to be kept on
8 file and on record in the Office of Financial ServiCes.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
�r'.� .
29
30
Requested by Department of:
By:
Appn
By:
By:
�
S�
3030819
Q:\Fiscal�AO&CR�2006\Night Cap Grant May 19 thfougl��$Eptember 30, 2006.cr.2006.x1s
Adoption Certified by Council Secretarg: :
Form pr ved by City Attorney:
� Green Sheet Green Sheet 6reen Sheet Green Sheet Green Sheet Green Sheet �
�+ `.'�',, �
DepartmenVofficelwunciY. Date Initiated: � �
PD — PoliceDeparrmem 1&MAY-06 Green Sheet NO: 3030819
Chief John
266-5588
on Council /�qenda by (Date):
TWaI # of Sigrtature Pages
Assign
Number
For
Routing
Order
Deoartment Sen[ 7o Person InitiaUDate
2-- n n' 1 rvi¢es F i rvi
3 ' Attorn C' Att rne _.( /
4 r' si e
5 oanci Council
6 i C' e k
7 ice e a n[ Pol'ce De ar[ment
(qip All locations for Signaturei
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent, to enter into the attached
agreement with the Minnesota Departrnent of Public Safety.
ftecommentlations:
�
Planning Commissiort
CIB Committee
Civil Service Commission
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this person/firtn ever been a ciry 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
Initiafing Problem, Issues, Opportunity (Whq What, When, Where,`Nihyj: �
The City of Saint Paul, Police Department, lias received a Night Cap Grant from the Minnesota Department of Public Safery for the
period of May 19, 2006 tiuough September 30, 2006. Authorization is needed to enter into a grant agreement with the Minnesota
Departrnent of Public Safety. For more information regazding tlris oouncil resolution please give Amy Brown a call at 651-266-5507.
AdvantageslfApproved:
The Night Cap grant provides funding for traffic enforcement targering impaired driving due to alcohol.
DisadvantageslfApproved:
None.
DisaWantages If Not Approved: �.
Inability to use grant funds available for saturation of unpaired driving due to alcohol.
Total Amount of 22400
Transaction:
FuodinA source: State of Minnesota
Financial Informffiion:
(Explain)
Contracts Must Answer the Following
CostlRevenue Bud�eted:
Activitv Nuiiiber: 34146
lw"� '�
- - r; •
, ��
✓p se�,�
0
1��, e��
[l��
o��ss�
STAT'E OF MIlVNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. State Patrol
Division, 444 Cedar Sh�eet Suite 130. St. Paul. MN 55101-5130 ("State") and Citv of St. Paul. Police Deoarlanent 367
__CIIOVe�lTECt �'t Panl MN 557l11 ('Y`Yrantr�^
RCCIY3IS
1 Under Minn. Stat. § 299A.01, Subd 2(41 the State is empowered to enter mto this grant coniract.
2 Federal funds for this gant contract are provided from U.S. Department of Transportation's State and Community
Highway Safety Progrun, Catalog of Federal Domestic Assistance (CFDA) Number 20.600.
3'The State is in need of coordinated impaired driving enforcement saturations and public information activities.
4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant coniract to the
satisfacrion of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: Mav 19, 2006, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may
claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant conlract. Reimbursements will
only be made for those expenditures made according to the terms of this grant contract.
1.2 Expiration date: September 30. 2006, or until all obligations haue been satisfactorily fulfilled, �nichever occurs
first.
13 Survival af Terms. The following clauses survive the expiration or cancallarion of this grant conizact: 8. Liability;
9. State Audits; 10. Government Data Pracrices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
2 Grantee's Dnties
The Grantee, who is not a state employee, will:
Perform the duHes and tasks specified in the Operation NightCAP Grant Program Duties, Exhibit A, which is
attached and incorporated into this grant contract.
Cn�antee will comply cvith the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular
A-133. Federal Audit Requirements is attached and incorporated and made part of this grant contract. See E�ibit B.
3 Time
The Crrantee must comply with all the time requirements described in this grant contract. In the perfonnauce of this
grant contract, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Compensation. The Crrantee will be reimbursed an amount not to exceed $22 400.00 for officer overtime rates,
including fringe benefits, incurred in providing services pursuant to Clause 2 of this grant contract. Invoices
for reimbursement must be submitted using the Operafion NightCAP Invoice which is attached and
incorporated into this grant conh All invoices for reimbursement must be supported by written
documentation including, but not limited to, the Officer Acrivity Reports which is attached and incorporated
into this grant contract.
(2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the
C'irantee as a result of this grant contract will be paid in the same manner and in no greater amount than
provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations
which is incorporated into this erant contract bv reference. T'he Grantee will not be reimbursed for travel and
MSP (Ol/06)
06 sS�'
subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for
out of state tcavel. Minnesota will be considered the home state for determining whether travel is out of state.
No reimbursement shall be made for salarv costs inciured in travelin¢ to and from saturation events.
(3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching zequirement, for the
grant contract, will be met by the Gcantee: $0.000.00.
(4) Total Obligation. T'he total obligation of the State for all wmpensatian and reimbursements to the Crrantee
under this grant contract will not exceed �22.400.00.
4.2 Payment
(1) Invoices. The State will prompfly pay the Grmitee after the Grantee presents an itemiz.ed invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices
must be submitted timely and according to the following schedule:
Itemized invoices will be submitted after each saturarion event to the State's Authorized Representative. Final
invoice must be received no later than October 15. 2006.
Final invoice nertainine to the first state fiscal vear of this Qrant contract must be received bv Julv 31, 2006.
Reimbursements from the second state fiscal year mav commence on or after Julv 1, 2006. The final invoice
�crtaininQ to the second state fiscal vear of this emnt contract must be received bv October 31 2006.
Expenditures for each state fiscal �ar of this srant contract must be for services performed within annlicable
state fiscal veazs. Every state fiscal yeaz be�ins on 7ulv 1 and ends on 7une 30.
(2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this gant contract
will be made from federal funds obtained by the State through Title 23 CFDA number 20.600 of the State
and Community Highway Safety Act 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 failure to comply with federal requirements.
5 Conditions of Payment
All services provided by the Crrantee under this grant contract must be performed to the State's satisfacrion, as
determined at the sole discretion of the State's Authorized Representafive and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulafions. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violarion of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Lt. Bruce Brynell, 3489 Hadley Avenue North, Oakdale, MN 55128,
(651)779-5913, or his/her successor, and has the responsibility to monitor the Grantee's performance and the
authority to accept the services provided under this grant contract. If the services are safisfactory, the State's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is Sgt. Dave Plucinak, 367 Grove Street, St. Paul, MN 55101 (651)291-
1111. If the Grantee's Authorized Representarive changes at any time during this grant contract, the Grantee must
immediately norify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.lAssignment The C'�raiitee may neither assign nor transfer any rights or obligations under this 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 grant contract, or their successors in office.
7.2Amendments. Any amendment to this grant contract must be in wriring and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant coniract, or
their successors in office.
MSP (Ol/06)
v6-.3��
7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4Grant Contract Complete. This grant contract contains all negoriarions and agreements between the State and
the Crrantee. No other understanding regarding this grant conhact, whether written or oral, may be used to
bind either party.
8 Liability
�iC CYl2IItRZ mLCt indemnifV, cav�___e h�lri thP tatr it�aa�d�j}��lg�'gg5�.�„1 „_£. g�
causes of action, including attomey's fees incurred by the State, arising from the performance of this grant contract
by the Grautee or the Giantee's agents or employees. This clause will not be conslrued to baz any legal remedies
the Grantee may have far the State's failure to fulfill its obligarions under tlus grant coniract.
9 State Andits
Under Minn. Stat. § 16C.05, subd. 5, the ('nantee's books, records, documents, and accounting procedures and
practices relevant to this grant conhact are subject to exaininarion by the State and/or the State Auditor or
Legislafive Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
10 Government Data Pracfices
The Crrantee and 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 gant contract, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Grantee under this 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 Crrantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify
the State. The State will give the Grantee instrucrions concerning the release of the data to the requesfing party
before the data is released.
11 Workers' Compensafion
The Cnantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensarion insurance coverage. The Cnantee's employees and agents will not be considered State employees.
Any claims that may arise 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 Publicity and Endorsement
12.1 Publicity. Any publicity regarding the subject matter of this grant contract must idenrify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. 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 program, publicarions, or services provided
resulting &om this grant contract.
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, govems this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
}urisdicrion in Ramsey Gounty, Minnesota.
14 Terminafion
14.1 Termination by the State The State may cancel this grant contract at any rime, with or without cause, upon
30 days' written notice to the Crcantee. Upon termination, the Grantee will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
14.2 Termination for Insufficient Funding. The State may immediately temunate this grant contract if it does
not obtain fundmg from the Minnesota Legislature, or other funding source; or if funding cannot be
Msr �oiro6�
OG-658'
continued at a level su�cient to allow for the payment of the services covered here. Tennination must be by
written or fax notice to the Crrantee. The State is not obligated to pay for any services that are provided after
notice and effective date of terminarion. However, the Grantee will be enritled to payment, detemiined on a
pro rata basis, for services sarisfactorily performed to the extent that funds aze available. The State will not
be assessed any penalty if the grant contract is tenninated because of the decision of the Mimiesota
Legislature, or other funding sowce, not to appropriate fimds. The State must provide the Giantee notice of
the lack of funding within a reasonable time of the State receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tax idenrificarion number, and/or Minnesota ta7c identification number, already provided
to the State, to federal and state tax agencies and state persoimel involved in the payment of state obligatians.
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 taac retums and pay delinquent state taY liabilities, if any, or pay other state
liabilities.
1. ENCi3MBRANCE VERIFICATION
Individua[ cerlifier lhatfunds hme beers rncumbe,ed as
reguired byMinn. Sfat §§ 16A75 and 16CO5.
Signed:
Date:
Grant Contract No.
2. GRANTEE
The Grantee certifies that the approprinte person(sJ
have �ecuted thegr¢nt contrac! on bahaZjof the Granfee as
reguired by app[icable articles, bylaws, resolurio�u, or ord'a:ances.
By:
Title: Chief of Police
Date:
�
Title: City Attorney
Date:
By:
Date:
Director, Financial Services
3. STATE AGENCY
B}'
(with delegated authority)
Title:
Date:
Dish'ibuIlOn:
DPS/FAS
Grantee
State's Authorized RepresenEaUve
MSP (O1Po6)
� :ssS
Exhibit A
Page 1 of 1
Ni�htCAP Crrant Proeram Crrantee's Duties
1 Coordinate alcohol saturations with the State's district authorized representarive for saturation
events to be held on May 19 and June 9, and Sunmier NightCAP events from June 16 to September 9,
2006, providing up to fois hundred forry-eight hours of enforcement.
2 All law enforcement officers participating in this prograxn must be Peace Officers
Standards and Training Board {POST) licensed as provided by Minnesota law.
3 All law enforcement officers participating in this program must be Standazdized Field
Sobriety Testing (SFST) trained. Grantee must provide proof of training 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 eligibie law enforcement officers who may participate in
this program with their overtiine rate of pay, including fi 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 wili review Officer Activity Reports and Activity Logs (samples attached) to
verify work efficiency by those officers worlflng the saturations; officers unwilling or unable
to diligently pursue impaired drivers cannot be allowed to work subsequent saturation events
and Grantee will work with the State's district authorized representative to replace such
officers with qualified officers.
7 Grantee wiil complete and submit all required paperwork following each saturation event
including, but not limited to, Officer Activity Reports and Invoices to the State's district
authorized representative within seven (7) working days following each saturation 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 operafing costs including, but not limited to, maintenance
and repairs of squad cars used in performance of this grant agreement and shall provide all
necessary insurance for them.
10 Crrantee's law enforcement officers, providing services under this grant agreement, are
employees of the Grantee and not employees of the State or Federal government.
ll State's district authorized representative is Lt. Chuck Walerius at (763)591-4683.
(01/06)
D6-S.S�
Exhibit B, page 1 of 2
FEDERAL AUD7T REQUIREMENTS
For subrecioients that are state or local qovemments. non-profit orqanizations, or Indian tribes
If the grantee expends tofai federal assisfance of $500,000 or more per year, the grantee agrees fo
Qb.f81ll_Bltller a singlP aiidit nr a_ n__�rnnram cnPrh' ^�•a�� ^•^�+^ {^• *�� F�^�„!. ir� �rc�rd�nr� with the
terms of the Singie Audit Act Amendmenfs of 1996.
Audits shall be made annually unless the state or local govemment has, by January 1, 1987, a
constdutionai or statutory requirement for less frequent audits. For those govemments, the federal
cognizant agency shail pePmit bienniai audifs, covering both years, ifthe govemment so requests. It shall
also honor requests for biennial audits by govemments that have an administrative policy calling for
audits less frequent than. annual, but only audits prior to 1987 or administrative policies in place prior to
January 1, 1987.
For subrecipients that are institutions of hiqher education or hospitals
If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the
grantee agrees to obtain a financial and compliance audit made in accordance with OMB CircularA-110
"Requirements for Grants and Agreements with Universities, Hospitals and.Other Nonprofit
Organizations" as applicable. The audit shali cover either the entire organization or all federai funds of
the organization.
The audit must determine whether the subrecipient spent federal assistance funds in accordance with
applicable laws and regulations.
2. The audit shall be made by an independent auditor. An independent auditor is a state or local
government auditor or a public accountant who meets the independence standards specified in the
General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities,
and Functions:'
3. The audit report shall state that the audit was performed in accordance with the provisions of OMB
Circular A-133 (or A-110 as appficable}.
The reporting requirements for audit reports shall be in accordance with the American Institute of
Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local �ovemmental Units," issued in
1986. The federal government has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the findings and recommendations
in the report, inciuding a pian for corrective action taken or planned and comments on the status of
corcective action taken on prior findings. If corrective action is not necessary, a statement describing the
reason 'tt is �ot should accompany the audit report.
4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent
auditor designated by the grantor shall have such access to grantee's records and financiai statements
as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB
Circular A-133.
5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single
Audit Act and OMB Circular A-133.
�ioios�
06 -�s
Exhibit B, page 2 of 2
6. The 8tatement of Expenditures form can be used for the schedule of federal assistance.
7. The grantee agrees to retain documentation to support the schedule of federal assistance for at leastfour
years.
8. Required audit reoorts must be filed with the State Auditor's Office. Sinqle Audit Division, and
wifh federal and state aaencies arovidina federal assistance. and the Denattment of Public Safetv
within nine months of the qrentee's fiscal vear end.
OMB Circular A-133 requires recipients of more than $500,000 in federal funds fo submit one copy of the
audit report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Diyision
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safetys audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
�ioios)
Db s5�
Exhibit C
Operation
NiqhtCAP
Personnel Roster
OT FRINGE
HOURLY HOURLY BENEFIT
OFFICER NAME BADGE # RATE RATE* RATE**
' Complete even if fhe same as Hourly Rate
�� Fringe Benefit Rate
Breakdown:
%
%
%
%
%
%
%
%
%
%
County Assigned:
ab s s�
OFFICER ACTIVITY REPORT
Number
Number
Citations Issued
Total Desi nated Driver Contacts
Operation NightCAP Activity Log
Name: Date:
Time Vehicle Vehicle (1fl�arning/ Reason/Code Citation #/Name
License Make (C)itation/
# A rrest
i
Operation �b -SS
Night Invoice
of St. Paui, Police
01
SATURATION TOTAL OVERTIME TOTAL INVOICE . FEDERAL FUNDS
DATE S: HOURS WORKED: AMOUNT: ALLOCATED:
5/19/06 $ $800.00
6/9/06 $ $800.00
$ $
$ $
TOTALS � ( $ � $continued
APPROVAL SIGNATURES
County or City Authorized Rep. Date District Authorized Rep. Date
Federal Projects Director Date
REMIT TO: Kammy Huneke
Federal Projects Coordinator
Minnesota State Patrol
444 Cedar Street — Suite 130
St. Paul MN 55101
Fax: 651 /296-5937
Operation
Nig
06-5�
Invoice
SATURAT{ON TOTAL OVERTIME TOTAL INVO{CE FEDERAL FUNDS
DATE S: HOURS WORKED: AMOUNT: ALLOCATED:
Summer $ $20,800.00
Ni htCAP
$ $
$ $
$ $
T07ALS:� I�
This block for State Use Onl
Vendor Number: 028413000-34 SFY: O6 Order Number: 5000-4646
Agency: P67 Fund: 300 Org: 5153 Appr: 536 Report Cat: METR
APPROVAL SIGNATURES
County or City Authorized Rep. Date District Authorized Rep. Date
Federal Projects Director Date
REMIT TQ: Kammy Huneke
Federai Projects Coordinator
Minnesota State Patroi
444 Cedar Street — Suite 130
St. Paui MN 55101
Fax: 651/296-5937