06-952Council File #
RESOLUTION
OF SAINT PAUI..,-MINNESOTA
Presented Sy:
Green Sheet #
o� -9s a-
3032771
Referred To: � Committee:Date:
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1 WHEREAS, the CiTy of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota
2 Department of Public Safety for a Speed Limit Enforcement Project; and
3
4 WHEREAS, the purpose of this grant is to coordinate speed enforcement with the State district
5 authorized representative for speed enforcement between August 21, 2006 and September 30, 2006; and
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7 THEREFORE BE IT RESOLVED, that the Saint Paul City Council authoriaes the CiTy of Saint Paul to
8 enter into, and Chief John Harrington to implement the attached agreement, which includes an
9 indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of
10 Financial Services.
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Requested by Department of:
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by City
Adopted by Council: Date: /d�// �o2OOG
Adoption
By� ,
by Ceuncil Secretary:
Approved by�'I'a�or: Date:
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`� �/ 5/ � Approved M�,y _ or for Submission to Council:
� BY� / ;/n d l! , //A
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartnenUofficelcounciL• � � Date Infiated:
pp -- PohceDepamnent , 13SEP-06 � Green Sheet N O: 303
� �� Depar6nent Sent To Person InitiaUDate �
ContactPerson & Phone: � ' .- _ __
Chief,bhn Harrington � � 0 �Pdice De parOmenl --� ---�- � _ ---_ __ _ __ ___ ___
Z6F'S588 , Assign ' 1 YdiceDeoarhoen � PoliceDeo �_�._ .-
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Must Be on Councii Agenda by (Date): ' Number Z --
�kSnaneia Service s_____�u'ec[oyFn�nci al Se . __ ._
For __� -_
� � Routing 3 C�Attor � CtiNA t[ome�_; __.___
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DoaType: RESOLU710N Order ; 4 Mavo r'sOffice Mavor __ ____..__ '
. - - _ -- _ _ �� 5 �ouncil _ _-� Council_. ' —__ _ _
E-DocumentRequired: Y , --� , ,
DocumeM ContacC Amy Broum � 6 ��'�i YClerk Cin Clerk__ ��_
Contact Phone: 266-5507 I � a��ce Deoartruent ' Pol'ce Deoarhnen_ [_, _______ �
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7otal # of Si nature Pa es Cli All Locations for Si nature)
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Action Requested:
Signatures on the atta.ched council resolution authorizing the City of Saint Paul, Police Departrnent, to en[er in[o the a[tached �
agreement with the Minnesota Departrnent of Public Safety. ��
Recommendations Appro�e (A) or Reject (R):
, Planning Commission
CIB Cammittee
CiHi Serv+ce Commission
� Personal Service Contracts Must Mswerthe Following Questions:
I, 'I. Has this persoNfirtn e�er worked under a contract for this depadment?
Yes No
� 2. Has this person/firtn e�er been a city employee?
I Yes No
3. Does lhis personlfirm possess a ski1V not normatiy possessed by any
curreni city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
w �
_ --__� . _________.. -_—�_
inAiating Problem, lssues, OppoAunity (Who, Wha1, When, Where, Why): �
The City of Saint Paul, Police Department, has received a Speed Limit Enforcement Project Grant from the Minnesota Department o$
Public Safety. AuYhorization is needed to enter iato ihe gant agreement wiCh the Minnesota Department of Public SafeCy. ,
-- - -- - � - � - -------------�--- -- ------- ---- - ------ ---_.-;
Advantages If Approved: �
The Speed Limit Enforcement Projec[ Grant provides funding for the speed enforcement from Augus[ 27, 2006 through September 3Q'��
��� REGE�VED ',
Disadvantaqes If Approved:
None.
OCT � v 2006
MA� '�'�'S ��� �GE
Disadvantages If NotApproved:
InabiliTy to use grant funds available for coordination of speed enforcement with the State district representative.
CosURevenue Budgeted: � ��� � � E/ ��
_ _ _ _ _ -_- _-___ _ _. _ __ ____
TotaiAmountof nOt to exCO2d � �
__ _ "
Transaction: ,
Funainn source: State of Minnesota Activitv Number: 34169 ���? `� � Z��� �
Financial Information: ���,��y€ ����.s�r�;4� '� ���� ��������
(Explain
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September 13, 2006 91:32 AM Page 1
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STATE OF MIlVNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. State Pa1ro1
Division. 444 Cedar Street Suite 130. St. Paul. MN 55101-5130 ("State") and Citv of St. Paul, Police Denartrnent. 367
Grove Street. St. Paul, MN 55101 ("Grantee").
Recitals
1 Under Minn. Stat. § 299A.01. Subd 2(4) the State is empowered to enter into this grant contract.
2 Federal funds for this grant contract are provided from U.S. Department of Transportation's State and Community
Highway Safety Program, Catalog of Federal Domesric Assistance (CFDA) Number 20.600.
3 The State is in need of coordinated speed limit enforcement saturarions.
4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant conuact to the
satisfacfion of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: A�u,ust 21, 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 contract. Reimbursements will
only be made for those eacpenditiues made according to the terms of this grant contract.
1.2 Expiration date: Serotember 30, 2006, or until all obligations have been sarisfactorily fulfilled, whichever occws
first.
13 Survival ofTerms. The following clauses survive the expirarion or cancellafion of this gant contract: 8. Liability;
9. State Audits; 10. Government Data Practices; 12. Publicity and Endarsement; 13. Governing Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
Grantee's Dufies
The Grantee, who is not a state employee, will:
Perform the duties and tasks speciSed in the Speed Limit Enforcement Grant Program Duties, Euhibit A,
which is attached and incorporated into this grant contract.
Grantee will comply with 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 Grantee must comply with all the time requirements described in this grant contract. In the perfomiance of this
grant contract, rime is of the essence.
4 Considerafion and Payment
4.1 Conszderation. The State will pay for all services performed by the Crrantee under this grant contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $6000.00 for officer overtime rates,
including fringe benefits, incurred in providing services pursuant to Clause 2 of this grant camzact. Invoices
for reimbursement must be submitted using the Speed Limit Enforcement Invoice which is attached and
incorporated into this grant contract. All invoices for reimbursement must be supported by written
documentation including, but not limited to, the Officer Activity 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
Grantee as a result of this grant contract will be paid in the same manner and in no geater amount than
provided in the cturent "Commissioner's Plan" promulgated by the commissioner of Employee Relarions
which is incorporated into this Qrant contract bv reference. The Grantee will not be reimbursed for travel and
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subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for
out of state havel. Minuesota will be considered the home state for determining whether travel is out of state.
No reimbursement st�all be made for salarv costs incurred in haveling to and from sativarion events.
(3) Matching Requiremenu. (If Applicable.) Cnantee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: �0,000.00.
(4) Total Ob&gation. The total obligation of the State for all compensation and reunbursements to the Crrantee
under this grant contract will not exceed $6000.00.
4.2 Payment
(1) Invozces. The State will promptly pay the Crrantee after the Crrantee presents an itemized 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 saturation event to the State's Authorized Representarive. Final
invoice must be received no later than thirry days after the expiration date of this grant contract.
Exuenditures for each state fiscal vear of this Qrant contract must be for services nerformed within apolicable
state fiscal veazs Everv state fiscal vear be¢ins on July 1 and ends on June 30.
(2) Federal funds. (Where applicable, if Ulank this section does not apply) Payments under this grant conhzct
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 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 requirements.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's sarisfacrion, as
determined at the sole discretion of the State's Authorized Representarive 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 violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Lt. Bruce Bynell, 3489 Hadley Avenue North, Oakdale, MN 55128
(651)779-5913 or his/her successor, and has the responsibilityto monitar the Crrantee's performance and the
authority to accept the services provided under this gant contract. If the services are satisfactory, the State's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grrantee's Authorized Representative is Senior Commander Gregory Pye, 367 Grove Street, St. Paul, MN
55101 (651)266-5999. 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 Grantee 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 writing and will not be effecrive unril it has
been executed and approved by the same parties who executed and approved the original grant contract, ar
their successors in office.
73 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 contract, whether written or oral, may be used to
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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 Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to
bind either party.
Liability
The Crrantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of acrion, including attorney's fees incurred by the State, arising from the perforniauce of this grant conhact
by the Grantee or the C'nantee's agents or employees. T1us clause will not be construed to baz any legal remedies
the Grantee may have for the State's failure to fulfill its obligafions under this grant contract.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Crrantee's books, records, documents, and accounting procedures and
pracrices relevant to this grant contract are subject to examination by the State and/or the State Auditoz or
Legislarive Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
10 Government Data Practices
The Grantee and State must comply with the Minnesota Governuient Data Pracrices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this grant contract, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Crrantee under this grant conh�act. The civil remedies of
Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Crrantee or the State.
If the Cnantee receives a request to release the data referred to in this Clause, the Grantee must immediately nofify
the State. The State will give the Grantee instrucrions 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. § 176181, subd. 2, pertaining to workers'
compensation insurance coverage. The Cn 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
claims made by any third pariy 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 identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representafive. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, xeports, signs, and similaz public notices pxepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulring from this grant contract.
12.2 Endorsement. The Grantee must not claim that the State endarses its products or services.
13 Goveming Law, Jurisdiction, and Venue
Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, ar its breach, must be in the appropriate state or federal court with competent
jurisdicrion in Rasnsey County, Minnesota.
14 Termination
14.1 Termination by the State The State may cancel this grant contract at any fime, with or without cause, upon
30 days' written notice to the Crrantee. Upon termination, the Crrantee will be enritled to payment,
determined on a pro rata basis, for services sarisfactorily performed.
14.2 Terminarion for Insuffzcient Funding. The State may immediately terminate this grant contract if it dces
not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be
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continued at a level sufficient to allow for the payment of the services covered here. Terminarion must be by
written or fas notice to the ('rrantee. 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 entided to payment, detemvned on a
pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not
be assessed any penalty if the grant con�act is terminated because of the decision of the Minnesota
Legislature, or other fimding sowce, not to appropriate funds. The State must provide the Grantee 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 tas identification number, and/or Minnesota tar idenrificarion number, akeady 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 tas laws which could result in
acfion requuing the Crrantee to file state talc retums and pay delinquent state tax liabilities, if any, or pay other state
liabilities.
1. ENCUMBRANCE VERIFICATION
Ind:vidual certifies that funds hme been encumbered as
requned byMmn. Smt. §§ 16A.15 and 16CO5.
Signed:
Date:
Grant Contract No.
2. GRANTEE
TheGranteecertifluthatthea ropri¢t uson(s)
have �:ecuted the grant contract an ehalJof ihe Graniee as
reguired by applicable articles, 6ylaws, resolutions, or ordmarsces.
�
Tit]
Dat
By:
Titl
Dat
By:
Tit
Dat
3. STATE AGENCY
sy:
(with elegated authoriry)
Title:
i
Date: �
Distribunon:
DPS/FAS
Grantee
State's Authorized Represeniative
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Ezhibit A
Speed L'unit Enforcement Proiect Crrantee's Duties
1 Coordinate speed enforcement with the State district authorized representative for speed
enforcement to be held between August 21 to September 30, 2006, providing up to one
hundred-twenty hours of enforcement.
2 All law 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 pazticipating 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 representative.
5 Grantee will provide a list of eligible law enforcement officers who may participate in
this program with their overtune 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 Activity I,ogs (samples attached) to
verify work efficiency by those o�cers working the speed project; officers unwilling or
unable to diligently pursue violators cannot be allowed to work subsequent speed proj ect
shifts and Crrantee will work with the State's dishict 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 representative within seven (7) working days following the end of the
enforcement period.
8 Grantee will participate in public informarion and media efforts with the State's district
authorized representative as part of each enforcement period.
9 Cnantee shall provide for all operating costs inciuding, but not limited to, maintenance
and repairs of squad cazs used in per£ormance of tlus grant agreement and shall provide all
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 at (651)779-5913.
��P����
Exhibit B, page 'f of 2
FEDERAL AUD1T REQUIREMENTS
1. For subrecioients that are state or local qovemmenfs. non-profit orqanizations. or Indian tribes
If the grantee expends total federai assistance of $500,000 or more per year, the grantee agrees to
obtain either a single audif or a program-spec�c audit made for the fiscal year in accordance with fhe
terms of the Single Audit Acf Amendments of 1996.
Audits shall 6e made annuaily unless the state or locai govemment has, by January 1, 1987, a
constifutional or statutory requirement for less frequent audits. For those govemments, the federal
cognizant agency shall peRnit biennial audits, covering both years, if the govemment so requests. It shall
aiso honor requests for biennial audits by govemments that have an administrative policy cal8ng Eor
audits less frequent than annual, but only audits prior to 1987 or administrative policies in pface prior to
January 1, 1987.
For subrecioients that are instifutions of hipher education or hosoitals
If the grantee expends total direct and indirect federal assista�ce 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, Hospitais and Other Nonprofit
Organizations" as applicable. The audit shail cover either the entire organization or ali federal funds of
the organization.
The audit must determine whether the subrecipient spent federal assistance funds in accordance with
appticable kaws and regulations.
2. The audit shall be made by an independent auditor. An independent auditor is a state or local
govemment auditor or a pubiic accountant who meets the independence standards specified in the
General Accounting Office's `Standards forAudit of Governmentai 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 appiicable).
The reporting requirements for audit reports shali be in accordance with the American Institute of
Certified Pubiic Accounts' (AICPA) audit guide, "Audits of State and Local Governmentai 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, including a plan for corrective action taken or planned and comments on the status of
corrective action taken on prior fiindings. if corrective actio� 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 statemenfs
as may be necessary for the grantor to complywith 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.
(loios)
D�e�qSa--
Speed Limit
Entorce
Exhibit C
Personnel Roster
" Fringe Benefif Rate
Breakdown:
%
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%
%
— . %
° fo
aJ�
o�
a�
%
' Compfete even if fhe same as Hourly Rate
a �-��a--
SPEED ZoneNumberAssigned:
MANAGEMENT
PROJECT
OFFICER ACTIVITY REPORT
speea Limit 6 (e -9� a-
Enforcement - HEAT Pro�ect - WAVE 5 Invoiee
agency Name: St. Paul Police De artment
Agency Address: 367 Grove Street
St. Paul, MN 55101
**Please com lete one line for each da of enforcement — attach additional sheet if needed.**
SATURATION TOTAL OVERTIME TOTAL INVOICED
DATE S: HOURS WORKED: AMOUNT:
�
�
�
�
�
TOTAL AMOUNT �6�000.00 TOTAL INVOICE �
OF CONTRACT: AMOUNT:
This block for State Use Onl
Vendor �fumber: 200417118-00 SFY: 07 Order Number: 5000-4864
Agency: P07 Fund: 300 Org: 5157 Appr: 536 Report Cat: SP06
APPROVAL SIGNATURES
County or City Authorized Rep. Date District Authorized Rep. Date
Federai Projects Director Date
REMIT TO: Kammy Huneke
Federal Projects
Minnesota State Patrol
444 Cedar Street — Suite 130
St. Paul MN 55101
Fax: 651J296-5937