06-660Council File #
RESOLUTION
OF SAINT PAUL, NIIlVNESOTA
Presented By:
Referred To:
Green Sheet #
Committee:Date:
06 -�Go
3�31019
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'WHEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota
Department of Public Safety for a Speed Limit Enforcement Project; and
4 WIIEREAS, the purpose of this grant is to coordinate speed enforcement with the State district
5 authorized representative for speed enforcement from May 22, 2006 through July 16, 2006; and
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THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to
enter into, and Chief John Harrington to implement the attached agreement, which includes an
indemnificarion clause. A copy of said agreement is to be kept on £ile and on record in the Office
of Financial Services.
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Requested by Department of:
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Ap ro al Recommended by Financial Services:
By: �
by City
BY� ��1� /�ri%cSB2.
Approved by Mayor: ate: 7— � ��
By: �—
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B
for Submission to Council:
Q'�FiscalWO&CR�2.006\Speed Umit Enforcemeni Grant Fe6 27-Aprii 23, 20Q6.cr2006.xis
Adopfion Certified by Council Secretary:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
06 -�v
Departrnentloffice/coufwil: Date initiated:
PD — PaliceDepazm��t 1&JUN-06 Green Sheet NO: 3031018
Contact Person 8 Phone:
Deoarhnent Sent To Person lnitial/Date
Chief John Harrington 0 otice rtment Police t
266-5558 ,q�� 1 olice artment De arnnent D'uector
Must Be on Councii F�qentla by(Date): Number 2 nancial ervi Dir or Fn cial Se
For �
Routing 3 i Attome Ci tto e
' Order 4 a 's Ma r Assistant
5 ouncil C unc
6 i Clerk Ci CI k
7 olice De rtment Po ice e a e t
7otal # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Depaztment, to enter into the attached
agreement with the Minnesota Department of Public Safety.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Serrice Commission 2. Has this personlfirm ever been a city empbyee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curzenf c+ly employee?
Yes No
E�cplain 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 Speed Lunit Enforcement Project Grant from the Minnesota Department of
Pu61ic Safety; Authorization is needed to enter into the grant agreement with the Minnesota Deparanent of Public Safety. Foc more
informarion regarding tlris council resolurion please give Amy Srown a call at 651-266-5507.
AdvantageslfApproved:
The Speed Limit Enforcement Project Grant provides funding for speed enforcement from May 22, 2006 tluough July 16, 2006.
DisadvantageslfApproved:
rrone. JllL 6 2006
�?�YO�'S OFFICE
Disadvantages If Not Approved: ' .
Inability to use grant funds available for coordinafion of speed enforcement with the State district authorized representative.
Total AmouM of
Transaction: $000 CosURevenue Budgeted: � � � � � � � �
Fundinq Source: State of Minnesota ����h Number: 34169
F'"a""a""'°""�'°": �oun�it Research Center �(j� �� Zd�6
(Explain)
JUL �7 2006 �i�Y' A��(,��$I��'Y
�. ii�
STATE OF NIINNESOTA
GRANT CONTRACT
This grant contracY is between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol
Division. 444 Cedar Street Suite 130. St. Paul. MN 55101-5130 ("State"} and Citv of St. Paul. Police Degartment, 367
Grove Street St. Paul. MI3 55101 ("Grantee").
Recitals
1 Under Minn. Stat. § 299A.01. Subd 2(41 the State is empowered to enter into this grant contract.
2 Federal funds for tlus grant contract aze provided from U.S. Department of Transportation's State and Community
Highway Safety Program, 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 contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: Mav 22, 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 reunbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements will
only be made far those expenditures made according to the texms of this grant contract.
1.2 Expiration date: 7ulv 16. 2006, or until all obligations have been sarisfactorily fulfilled, whichevez occurs first.
13 Survival nf Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability;
9. State Audits; 10. Government Data Pracrices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
2 Grantee's Duties
The Grantee, who is not a state employee, will:
Perform the duties and tasks specified in the Speed Limit Enforcement (HEAT� Grant Program Dufles, Exhibit
A, which is attached and incorporated into this grant contract.
Grantee will comply with the Single Audit Act Amendments of 199b and Office of Management and Budget Circulaz
A-133. Federal Audit Requirements is attached and incorporated and made part of this gant contract. See Eahibit B.
3 Time
The Grantee must comply with a11 the time requirements described in this grant contract. In the perfonnance of this
grant contract, time is of the essence.
Consideration and Payment
4.1 CoFisideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $8.000.00 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 Operation NightCAP Invoice which is attached and
incorporated into this grant contract. All inwices for reimbursement must be supported by written
docusnentation 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
Cnantee as a result of this grant contract will be paid in the same mamier and in no greater amount than
provided in the current' Comxnissioner's Plan" promulgated by the commissioner of Employee Relations
which is incor�orated into this erant contract b�reference. The Grantee will not be reimbursed for travel and
subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for
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out of state iravel. Minnesota will be considered the home state for detemzining whether trauel is out of state.
No reimbursement shall be made for salas costs incurred in traveline to and from saturation events.
(3) Matching Requirements. (If Applicable.) Crrantee certifies that the following matching requirement, for the
grant contract, will be met by the Crrantee: 50.000.00.
(4) Totai ObZigation. The total obligarion ofthe State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $8.000.00.
42 Payraenf
(1) Imoices. The State will pmmptlypay the Grantee after the Grautee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices
must be submitted rimely and according to the following schedule:
Itemized inwices will be submitted after each saturation event to the State's Authorized Representarive. Final
invoice must be received no later than October 15. 2006.
Final anvoice uertainin¢ to the first state fiscal vear of this grant contract must be received by Julv 31, 2006.
Reimbursements &om the second state fiscalyear mau commence on or after July 1 2006. The final invoice
pertainin� to the second state fiscal vear of this 2rant contract must be received by October 31 2006.
Expenditures for each state fiscal yeaz of this t contract must be for services performed within apnlicable
state fiscal veazs Everv state fiscal veaz beeins on Julv 1 and ends on June 30.
(2) Federal funds. (Where applicable, if blank this secfion does not apply) Payments under this grant contract
will be made from federal funds obtained by the State through Title 23 CF'DA number 20.600 of the State
and Comnnunity Aighway 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 Gruitee's failure to comply with federal requirements.
5 Conditions of Payment
All services provided by the Grantee under ttus grant contract must be performed to the State's satisfaction, as
detesmined at the sole discrerion of the State's Authorized Representafive and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Cn•antee wi11 not receive payment for work
found by the State to be unsatisfactory or performed in violafion of federal, state, or local law.
6 Authorized Representafive
The State's Authorized Representative is Lt. Bruce Brynell, 6484 Aadley Avenue North, Oakdale, MN 55128
(651)779-5913 or his(her successor, and has the responsibility to monitpr the Grantee's performance and the
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.
The Grantee's Authorized Representarive is Senior Commander Gregory Pye, 367 Grovc Street, St. Paul, MN
55101, (651)266-5999. If the Grantee's Authorized Representative changes at any rime during this grant contract,
the Cnantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.1Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fizlly executed Assignment Agreement, executed and approved by
the same parties who executed and approved this o ant contract, or their successors in office.
7.2Amendments. Any amendment to this gant conlract must be in writing and will not be effecfive unfil it has
been executed and approved by the same parties wfio executed and approved the original grant contract, or
their successors in office.
73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
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provision or its right to enforce it.
7.4Grant Contract CompLete. "I'his grant contract contains all negoriations and a�eements between the State and
the Grantee. No other understanding regarding this gant contract, whether written or oral, may be used to
bind either patty.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of acfian, including attomey's fees incurted by the State, arising from the perfonnance of this grant contract
by the Crrantee 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 obligarions under this grant contract.
9 State Andits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract aze subject to examination by the State andior the State Auditor or
Legislafive Auditor, as appropriate, far a minimum of six yeazs from the end of this grant contract.
1Q Government Data Practices
The Grantee and State must comply with the Minnesota Govemment Data Pracfices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this grant conhact, 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 gve the Cnantee instrucflons conceming the release of the data to the requesting party
before the data is released.
11 Workers' 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 arise under the Minnesota Workers' Compensa6on Act on behalf of these employees and any
claims made by any third pariy as a consequence of any act or omission on the part of these emptoyees 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 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 prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the proa�am, publications, or services provided
resulting from this grant conhact.
12.2 Exdorsement. 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 conSract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the Statz The State may cancel this grant contract at any time, with or without cause, upon
30 days' written notice to the Grantee. Upon temrination, the Grantee will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
142 Termination for Insuff cient Funding. The State may immediately terminate this grant contract if it does
not obtain funding from the Minnesota I.egislature, or other funding source; or if funding cannot be
continued at a level sufficient to allow for the payment of the services covered here. Terminarion must be by
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written or fax notice to the Grantee. The State is not obligated to pay for any services tttat aze provided after
notice and effective date of tennination. Aowever, the Grantee will be enfitled to payment, determined on a
pro rata basis, for services satisfactorily performed to the extent that funds aze available. The State will not
be assessed any penalty if the grant contract is tecnuuated because of the decision of the Muuiesota
Legislature, or other funding source, not to appropriate funds. The State must provide the ('rrantee notice o£
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 tas identificafion number, and/or Minnesota taY identification number, already provided
to the State, to federal and state tax 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
acrion requiring the Cttantee to file state tax retums and pay delinquent state tax liabiliries, if any, or pay other state
liabilities.
1. ENCUMBRANCE VERIFICATION
Individual cenifies thatfunds haie beers encum60ed as
required by Minn. St¢t §§ 16A.15 and 76CO5.
Signed:
Date:
Grant Contcact No. "
i
2. GRANTEE [\
The Grantee cerii appropr person(s)
have uecuted grant contr on behalf of the Grantee as
required by a pk'c�b1e anicdes, mvs, resolutions, or ordinances.
By:
Title:
\
Date: �
�
Title:
Date:
3. STATE AGENCY
By:
TitL
Dati
Distribution:
DPS/FAS
Crtantee
State's Authorized Representative
MSP (01/06)
d6-��o
Eachibit A
Speed Limit Enforcement Project Grantee's Dufies
1 Coordinate speed enforcement with the State district authorized representative for speed
enforcement to be held between May 22, 2006 and July 16, 2006, providing up to one
hundred-siYty hours of enforcement.
2 All law enforcement officers participating in this program must be Peace Officers
Standards and Training Board (POST� licensed as provided by Minnesota law.
3 All law enforcement officers participating in the prograzu should aggressively enforce
traffic laws with an emphasis on speed limits.
4 All law enforcement officers participating in the prograzn 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
ttus program with their overtime rate of pay, including fringe benefits, on "Personnei
Roster". Reimbursement will be made only for hours that ofFicers work on a day off or on a
shift extension.
6 Grantee wi11 review Officer Activity Reports and Activity Logs (samples attached) to
verify work e�ciency by those officers working the speed project; officers unwilling or
unable to diligently pursue violators cannot be allowed to work subsequent speed project
shifts and Grantee 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 foilowing 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 foilowing 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 grant agreement and shall provide a11
necessary 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, 3489 Hadley Avenue
North, Oakdale, MN 55128, (651)779-5913.
!. . � �
Exhibit B, page 1 of 2
FEDERAL AUDIT fiEQUtREMENTS
For subrecioients that are state or local qovemments. non-orofd orqanizations, or Indian tri6es
if the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to
obtain elther a singfe audit or a program-specific audit made for the fiscai year in accordance with the
terms of the Single Audit Act Amendments of 1996.
Audits shail be made annuaily unless the state or local govemment has, by January 1, 1987, a
constitutional or statutory requirement for less frequent audits. For those govemments, the federal
cognizanf agencyshall peimit biennial audits, covering both years,'rfthe govemment so requests. it shall
afso honor requests for biennial audits by governments that have an administrative policy caliing for
audits tess frequent than annuai, 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
tE the grantee expends totai direct and indirect federai assistance of $5��,��o or more per year, the
grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110
"Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit
Organizations" as applicable. The audit shall cover either the entire organization or all federal 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 shali be made by an independent auditor. An independent auditor is a state or 1oca1
government auditor or a pubiic accountant who meets the independence standards specified in the
Generaf Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities,
and Functions °
3. The audit report shail state that the audit was performed in accordance with the provisions of OMB
Circular A-133 (or A-110 as applicabfe).
The reporting requirements for audit reports shali be in accordance with the American institute of
Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Govemmental Units," issued in
1986. The federal government has approved the use of the audit guide.
In addition to the audit report, the reciQient shall provide comments on the findings and recommendations
in the report, including a plan for corrective action taken or planned and comments on the status of
corrective action taken on prior findings. If corrective action is not necessary, a statement describing the
reason it is not 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 financial statements
as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB
Circular A-133.
5. Grantses of federal financial assistance from subrecipients are also required to comply with the Si�gfe
Audit Act and OMB Circular A-133.
(iolos�
EYhibit B, page 2 of 2
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
The grantee agrees to retain documenfation to support the schedule offederal assistance forat leastfour
years.
8. Repuired audit reports must be filed with the State Auditor's Office Sinale Audit Division, and
with federal and state aqencies qrovidinq federel assistance and the Department of Public Safetv
wit6in nine months of the qrantee's fiscal vear end.
OM8 Circular A-433 requires recipiertts oF more than $500,000 in federal funds to submit one copy of the
audit report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Ciearinghouse
The Department of Pubiic Safety`s audif report shoufd be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
�ioios>
+_• �... c.,..,,. ,..,.c�c� w,.�uo:+ono l.Hr1RJr VIVl l {'FWt I�'L/4`J
1� ��i
Speed Limit
Enfiorcement P
" Fringe Bettefit RaLe
Breakdowrr
°/a
° /a
o�
%
-- °la
Aftachment C
Personnei Roster
%
a�
6f
° /a
° /a
' Compfete even if the same as Hourly Rale
�peed Limit
Enforcement - HEAT Pro�ect
/. ,,.
Invoice
**Please com lete one line for each da of enforcement — attach additional sheet if needed.**
SATURATION TOTAL OVERTIME TOTAL INVOICED
DATE S: HOURS WURKED; AMQUNT:
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�
�
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TOTAL AMOUNT �$ OOO.00 TOTAL INVOICE �
OF CONTRACT: � AMOUNT:
This block for State Use Onl
Vendor Number: 200417118-00 SFY: 06 Order Number: 5000-4686
Agency: P07 Fund: 300 Org: 5157 Appr: 536 Report Cat: SP06
APPROVAL SIGNATURES
County or City Authorized Rep. Date District Authorized Rep. DaCe
Federal Projects Director Date
REMiTTO: Kammy Huneke
Federal Projects
Minnesota State Patrol
444 Cedar Street — Suite 130
St. Paul MN 55101
Fax: 651i296-5937
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SPEED ZoneNumberAssigned:
MANAGEMENT
PROJECT
OFFICER ACT�VITY REPORT
Total
of Citations Issued
Speed Enforcement Project
Activity Log V �'�
Name: Date:
Time Vehicle Vehicle (Vl�arning! Reason/Code Citation #/Name
License Make (C)itation/
# A rrest