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06-644council File # Green Sheet # Presented By: OF SAIN,�' PAUL, MINNESOTA �J�-�� 3030941 �� Referred To: �SL/ Committee:Date: 1 RESOLVED, that the Saint Paul.City,Council authorizes the City of Saint Paul to enter into, and 2 Cluef John Harrington to implement the.attached amendment to agreement #02-13806-G. A copy of 3 said agreement is to be kept on file and qn record in the Office of Financial Services. 4 5 6 7 8 9 _ _ . 1Q 11 � - 12 13 14 15 16 17 18 19 20 21 22 23 .. r_ 24 <>, �-: �- . , 25 � «'.s- - 26 27 28 29 30 Yeas Bostrom Thune Adopted by Council: Date: AdopHon Certified by Council Secretary: By: Appr� � „ , Requested by By: By: of: by Financial Services: by City Mayor for Submission to Council: Speed Limit Enforcement Grant Dec 5, 2005-Jan 29, 2006 amendment.cr2006.x1s � Green Sheet Gree� Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � 0��� DepartmenUoffice/council: PD — PoliceDepanmwt CoMad Person & Phone: Chief John Hartington 26Cr5588 - MUSt Be on Council qqenda by (Date): Date Lnitiated: 02-���,-� Green Sheet NO: 3Q30941 ■�► Assi9ti. _..�.. Number '; For - Routing Order Deoartment Sent To Person InitiaUDate . 0 oG e a en P lice D artrn nt 1 o6ce De a ent De eut DireMOr _ 2� m ncia Servi 'rec r F n ial � 3 Attorn Ci Attornev - 4 a or• Offi a or(As ista i 5 oa cil Coan ' 6 1 rk Ci Clerk 7 oli e De ar[ment Police De arhnent Total # of Signature Pages � (Clip Ail Locations for Signature}. � Action Requested: Signatures on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent, to enter into the attached amendment to'agreement #02-138Q6-G with the Minnesota Deparhnent of Public Safety. itlations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission � Personal Service Contracts Must Mswer the Following 4uestions: M1. Has this personffirm ever worked under a coMract for this department? Yes No 2. Has this person�rm ever been a ciTy employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any � .. cuRSntcity,employee? . ^,� Y,es No, ' � r��-.;�E�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoRunity(Who, What, When,.Where, Why): � The Ciry of Saint Paul, Police Department, has receive�'� Speed Limit enforcement Project Grant from the Ivlinnesota Department of ,,, Public Safery. Authorization is needed to enter into a ainended grant agreement with the Minnesota Department of Public Safery for addiaonal grant funds. For more information regazding this council resol�tion please give S/Cdr Greg Pye a call at 651-266-5999. AdvantageslfApproved: � ; The Speed Limit Enforcement Project Grant provides fui�fling`foz, spe�d enforcement. J U N 19 ZUtta Disadvantaqes If Approved: � �� �"" � � �°' � ��� ���� � �� None. ��� Z 8 Z��s _�l��f _�T���� DisadvanWges If Not Approved: Inability to use grant funds available for coordinauon of speed enforcement with the State distdct authorized repsesentarive. �� Transaaion: FundinA source: State of Nlinnesota Fi nancial I nfortnation: . -� (Explain) .- �:o,5URg4enu@ Budgeted: �'- . " �- Activity Nu7nber: 34169 � ,...;� g :� ,�. ` `? Cn': �eis�cil Res���c� Cen#et .'�''� :�� , 2 3 2006 �9o:tdOfl�J �L�t�� ✓ �� � �r � � A.MENDMENT NO.1 TO GRANT CONTRACT # 5000�4336 Qriginal Contract Effective date: 12/5/OS Total Contract Amount: $3200.00 Original Conhact Expirarion date: 1/30/06 Original Conhact Amount: $ 6466.88 Amended Contract Expirarion date: Previous Amendment(s) Total: $ 0.00 Current Amendment Amount: � 3266.88 This amendment is between the State of Minuesota, acting through its Commissioner of Public Safety, State Patrol Division, 444 Cedar Street 130, St. Paul, MN 55101-5130 ("State") and City of St. Paul, Police Department, 367 Grove Street, St. Paul, MN 55101 ("Grantee"). Recitals 1 The State has an annual plan grant agreement with the Grantee identified as Annual Plan Grant Agreement # 5000-4336 for speed enforcement. 2 The State and the Grantee have agreed that additional money is necessary for the sarisfactory completion of this project. 3 The State and the Grantee are willing to amend the Original Grant Contract as stated below. Grant Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Pazagraph 6, First Sentence of the Original Annual Plan Grant Agreement is amended as follows: The Grantee will be reimbursed an amount not to exceed �8�$6466.88 for the above services performed under this Annual Plan Crrant Contract. REVISION 2. Attachment B, Paragraph 1 of the Original Annual Plan Grant Agreement is amended as follows: Coordinate speed enforcement with the State district authorized representative for speed enforcement to be held between December 5, 2005 and January 29, 2006, providing up to si��t�� one hundred thirtv-four hours of enforcement. The Original Grant Contract and any previous amendments are incorporated into this amendment by reference. REMAINAER OF PAGE INTEI�TTIONALLY LEFT BLANK FY2006 MSP Speed Amend (12/OS) ��°��� 1. ENCUMBRANCE VERIFICATION Individua( cernfws that funds haie been encumbered as requved byMinn. Stat. §§ 16A15 and 16CO5. Sigted: � Date: I Grnnt Contract No._ <'A�� ' �� �Q_ 2. GRAi�iTEE The Grantee cemftes that the appropnaie puson(sJ have executed the contract on behalJof ihe Grantee as required by ¢pplicable articles, by[aws, resoluuons, or ordmances. By: Title: Chief of Poli Date: By: T: �� e i y Attorney Date: b� � d.�_ s Tit1e: Director, Financial Services 3. STATE AGENCY By: Title: Date: _ _ . . _ (with delegated authority) Disfibu4an: DPS/FAS Grantee State's Authorized Represrntalive FY2006 MSP Speed Amend (12/OS) STATE OF MINNESOTA ANN�7AL PLAN GRANT CONTRACT �; � • l 3 �'�'�' C� ��' �� �� This Annual Pfan Grant Contract is between the State of Minnesota, acting tluough its Commissioner of Public Safetv. Sfate Patrol Division. 444 Cedaz Siseet Suite 130. St. Paul, MN 55101-5130 ("State") and St Paul Police Department, 367 Crrove 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 Crrantee agrees to perform the work within the terms and conditions in this Annual Plan Grant Contract, including Attachment A, which is attached and incorporated into this Annusl Plan Grant Contract. The Crrantee must si� its approval in the designated signature block and return the original signed Annual Plan Graut Contract and ifs attachments to the State's address shown above, prior to the commencement of services. Contract Begin Date: 12/5/OS Coniract End Date: 1/29/06 T1ie services to be provided under this tlnnual Plan Cnaut Contract aze the Speed L'unit Enforcement Project, Attaclunent B, which is attached and incorporated into this Annual Plan Grant Contract. 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 invaice upon completion of the above services to the 5tate's Authorized Representative. The State's Authorized Representative is LY. Mazk Peterson, 444 Cedaz Street Suite 130, St. Paul, MN 55101-5130, or his/her successor, and has the responsibility to Fnonitor 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 aoeeptance on each invoice submitted for payment. 1. ENCi7MBRANCE VERIFICATION Intlrvidu¢I certifies thatfunds have been encumbe�ed as required br Minn. Stat ,¢,¢ I6A.15 and 76C.05. Signed: �� ` ��-"� 1 U�� Date: � � - ��- `- b 5 GrnntContractNa�0�0 ^' ���J�O 2. GRAIQTEE The Grmnee cert f es fha! the approp have e�C ted the contrac! on behalJ required ) apt rcab s ar�j,cles bykn B ! tle- Chief of Police Date: � $y � _�i J.� _ .1/1 � r C•raniee as qluhonr, or ardmances. Title: Gi*_y Attorney Da�e: � ° "� g 'i�� 3. STATE G� � � By: ' �� n �/ � authoriry) Title: / - `�Y�Uef ` Date: �/�.6�D/o By: C Title: Financial Services C T o( 3� / / Date : j -� FY200b MSP Speed (09/OS) Page I � ATTACHNIEl\T A � � � � �`� 1. Conditions of Payment All services provided by the Grantee under this Annual Plan Grant Contract must be perfarmed to the State's satisfaction, as determined 'm the sole discrerion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The Grantee will not receive payment for work foimd by the State to be unsatisfactory, or perfoimed in violation 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 notice to the Grantee. Upon termmarion, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily perFormed 3: Ameudments Any �endment to this Annual Plan Grant Conhact must be in writing and will not be effecrive mmtil executed and approved by the same parties who executed and approved the original Annual Plan Grant Contract, or theit successors in office. 4. Assignmenf The Grante� may neither assign nor u�ansfer any rights or obligations under this Annual Plan Grant Coniract 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 Grantee must indemnify, save and hold the State, its agents, and employees harmless from any claims or causes of action, includ'mg auomeys' fees incurred by the State, arising from the performance of this Annual Plan Grant Contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee may have for the State'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 Contract aze subject to examinarion by the State and/or the State Auditor or the Legislative Auditor, as appropriate, for a minimuzn 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 Aanual 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 Act of 1966. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requiremenu imposed by the Grantee's failute to comply with federal requirements. 8. Federal Audit The Grantee will comply with ffie Single Audit Amendments of 1996 and Office of Management and Budget Circular A-133. Federal Audit Requirements is incorporated by reference. 9. Goverument Data Practices Act The Grantee and the State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, u 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 Crrantee.receives a request to release the data referred to in this clause, the Grantee must immediately norify 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 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 similar public notices prepazed by or for the Grantee uidividually or jointly with others, or any subcontractors, with respect to the progam, publicarions, or services provided resulting from this Annual Plan Cnant Contract. I 1. Worker's Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensafion insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota VJorkers' Compensarion Act on behalf of these empioyees and any claims made by any third party as a consequence of any act or omission on the part of these employees aze in no way the State's obligation or responsibility. 12. Data Disclosure Under Minn. Staz § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tas identification number, andlar Minnesota tax identification number, already provided to the State, to federal and state ta�c agencies and state personnel involved an the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tas laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 13. Jurisdiction and Venue Minnesota law, without regard to its choic�of-law provisions; govems this Annual Plan Grant Conh�act. Venue for all legal proceedings out of ihis Annual Plan Grant Conu�act, or its breach, must be in the appropriate state or federal court with competent jurisdicuon in Ramsey County, Mmnesota. FY2006 MSP Speed (09/05) Page 2 • Aitacl�ment B �eed Limit Enforcement Proiect Crrantee's Duties D`� `� `� `t i Coordinate speed enforcement with the 3tate 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 P.11 law enforcement officers participating in this program must be Peace Officers Standards and Training Boazd (POS'I) licensed as provided by Minnesota law. , 3 All law enforcement officers participating in the program should aggressively enforce traffic 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 representaiiva. 5 Crtantee will provide a list of eligible law enforcement officers who may participate in this program with their overtime rate of pay, inclnding fringe benefits, on "Personnel Roster". Reunbursement will be made only for hours that officers work on a day off or on a shift extension. 6 Grantee will review Officer Acfivity Reports and Acfivity Logs (samples attached) to verify work efficiency by those officers working the speed project; officers unwilling or unable to diligently pursue violators cannot be allowed to wark subsequent speed project shifts and Crrantee will work with the State's district authorized representative to replace such officers with qualified officers. 7 Grantee 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 regresentative 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 enforcement 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 b ant agreement and shall provide a11 necessary insurance for them. 10 Crrantee° s law enfozcement officers, providing services under this grant agreement, aze employees of the Gzantee 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/OSj Page 3 D����f� Attachment C Speed Limit En�"orcement Project Pe�'SOni1e1 I�OS#eC " Fringe 8ehefi( Rate Breakdown: o� ��6 % % % % a� of % __ % ' Compfete even if the same as Hourly �{ate � 1 . . . � � ' � � ( �� S PE E D Zonet�umber Assigned: MANAGEMENT PROJECT OFFICER ACTIVITY REt'ORT Number of Gitations