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07-1099CouncilFile # /�7��d99 Green Sheet# 304455A Presented By: Referred To: 1 WHEREAS, the City of Saint Paul, Police Department, has received a grant from the Minnesota Department of 2 Public Safety for a Highway Enforcement of Aggressive Traffic (HEAT) speed control enforcement; and WHEREAS, the pucpose of tlus gant is to coordinate speed enforcement with the State distact authonzed representative for speed enforcement from July l, 2007 through May 31, 2008; and 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the City Council authorized the City of Saint Paul to enter into the attached gant agreement on July 11, 2007 (council file #07-616); and WHEREAS, a 2007 fmancing and spending plan needs to be established for this grant; and WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there aze available for appropriation funds of $10,000 in excess of those estnnated in the 2007 budget; and WHEREAS, The Mayor recoznmends that the following addition be made to the 2007 budget: CURRENT BUDGET CHANGES 436-Police Special Projects Fund FINANCING PLAN: 34149 - HEAT Overtime Grant 3199 - Other Federa] Direct Grants - State 10,000 1 Q000 23 Total Changes to Financing 1, 00 24 25 SPENDING PLAN: 26 34149 - HEAT Overtime Grant 27 0141 - Overtime 0 8,518 8,518 2S O439 - Fringe Benefits 0 1,482 1,482 29 10, 00 30 31 32 33 34 35 THEREFORE BE IT RESOLVED, that the Saint Paul City Council approves these changes to the 2007 budget. 36 37 Yeas II Navs II Absent Thune RESOLUTION CTTY OF SAIlVT EAUL, MINNESOTA � Requested by Department of: Poli e By: ✓�M - n . by Fin,�ncial Services: Adopted by Council:Date: �� Adoption Certified by Council Secretary: By: �� Approved by . yo :D< e: t+ Z7 p By: C�� By: Form By: Appr� By: by City Attorney: AMENDED BUDGET �3 HEAT G2ntilnancing antl spentling Cr 2007.xIs � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D� �ld 91 PD - PoliceDepamnem ' Contact Person & Phone: Chief John Harrington ' 266-5588 ; Must Be on Council Aqen� I Doa Type: RESOLUTION W/$ TRANSAC E-Document Required: Y DocumeM Contact: Evette Scarver Contact Phone: 27-SEP-07� I Green Sheet NO: 3044554 � i ueaartmens aeni�orerson mmauua�e 0 Ydice Deoartment Pdice Depar�ent i Assign � 1 olice Depaz�ent Police Depar�ent I Numbet 2 maa'ral Services D'n'ector, NSuancial Servi �� For Routing � i Attorne Ci Attome � Order 4 or's Office Ma or S �OmCN � Cify COIlOC1I 6 ity Clerk City Clerk 7 oliceDepartment PoliceDeparhnent 7oW1 # of Signature Pages E (Clip All Locations for Signature) Signatures on the attached council resolution establishing a 2007 fmancing and spending plan for [he Highway Enforcement of ' Aggressive Traffic (HEAT) grant. Planning Commission CIB Committee Civil Service Commission Answerthe 1. Has this persoNfittn ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a ciTy employee? Yes No 3. Does this perso�ttirm possess a skill not rwrmally possessetl by any wrrent cfry employee? Yes No F�cplain all yes answers on separffie sheet antl attach to green sheet � Initi2ting Problem, Issues, Opportuni[y (Who, What, When, Where, Why): � �i The City of Saint Paul, Police Depar(ment, has received a HEAT speed enforcement grant from the State of Minnesota for the period I of July 1, 2007 through May 31, 2008. A spending and financing plan needs to be established. Advantages If Approved: The HEAT grant provides funding for officers to aggressively enforce h�affic laws with an emphasis on speed enforcement. ; Disadvantages If Approved: j None. � ' . v ° � Disadvantages If Not Approved: i Lost opport�mity to use gcant funds to enforce haffic laws. i' � ! i. ' i owi s�mount oi .7ransaction: $�0,000.00 Funding Source: 436 Financial Informatio�: , (Explain) CosURevenue Budgeted: Activity Number: 34149 September 27, 2007 2:41 PM Page 1 STATE OF MINNESOTA GRANT �ONTRACT Q'�—�Qqy This grant contract is between the State of Minnesota, acring through its Commissioner of Public Safetv. State Pah�ol Division. 444 Cedar Street Suite 130. St Paul MN 55101-5130 ("State") and St. Paul Police Deparhnent_ 367 Grove Street. St. Paul. MN 55101 ("Crrantee"). Recitals 1 Under Minn. Stat. § 299AA 1. Subd 2(41 the State is empowered to enter into this grant contract. 2 Federal funds for this grant contract aze provided from U.S. Department of Transportation's Federal Highway Adminisharion, Catalog of Federal Domestic Assistance (CFDA) Number 20205. 3 The State is in need of coordinated salurarions as part of the Highway Enforcement of Aggressive Traffic (fIEAT) speed control enforcement. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant conhact to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: July 1. 2007, 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 expendihu-es incuned pursuant to Clause 4.2 of this grant conh-act. Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: May 31. 2008, or until al] obligafions have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability 9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdicrion, 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 Highway Enforcement of Aggressive Traffic (HEAT) Crrantee's Duties, Exhibit A, which is attached and incorporated and made a part of 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 Exhibit B. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance 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) Compensatzon. The Crrantee will be reimbursed an amount not to exceed $10.000.00 for afficer overtime rates, including fringe benefits, incurred in providing services pursuant to Clause 2 of this grant confract. Invoices for reimbursement must be submitted using the HEAT Invoice which will be provided to the Crrantee by the State. AIl invoices for reimbursement must be supported by written docuxnentation. (2) Travel Expenses. Reimbursement for h-avel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be paid in ±he same :nanner and in no geater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incornorated into this erant contract bv reference. The Grantee will not be reimbursed for travel and subsistence expenses incuned outside Minnesota unless it has received the State's prior written approva] for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. No reimbursement shall be made for salarv costs incurred in iraveline to and from saturation events RE-HEAT (06/07) D� -l09�1 (3) Matching Requirements. (If Applicable.) Crrantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $0.000.00. (4) Total Obligatiox. The total obligarion of the State for all compensarion and reimbursements to the Grantee under this grant contract will not exceed $10,000.00. 4.2 Paymext (1) Invoices. The State will prompUy pay the Gcantee after the Grantee 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 within 30 days after each saturation event to the State's Authorized Representative. Final invoice pertainins to this grant contract must be received within 30 davs a8er the Exuiration date of this grant contract. Expenditures for each state fiscal veaz of this Qrant contract must be for services �erformed within applicable state fiscal yeazs. Every state fiscal veaz be¢ins on July 1 and ends on June 30. (2) Federal funds. (Where applicable, ifblank this secfion does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA number 20.205 U.S. Department of Transportation's Federal Highway Administration. The Crrantee 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 satisfaction, as determined at the sole discretion of the State's Authorized Repxesentative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Cnantee will not receive payment for work found by the State to be unsarisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representarive is Lt. Bmce Brvnell, 3489 Hadlev Avenue North, Oakdale, MN, 55128 (6511779-5913, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the serviaes grovided under this grant conhact. If the services aze.sarisfactory, the State's Authorized Representarive will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Set. Dav Plucinak. 367 Grove Street. St. Paul. MN SS 10 L(651) 266- 5727. If the Grantee's Authoriz�d Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.IAssignment. The Grantee may neither assign nar 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 eYecuted and approved this grant contract, or their successors in office. 72Amendments. Any amendment to this grant conh must be in wrifing and will not be effecrive unfil it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiven 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. 7AGrana Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. aE-xea,r �o6io�� D�-/099 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hazmless from any claims or causes of acrion, including attomey's fees incurred by the State, arismg from the performance of this gant contract by the Grantee or the Crrantee's agents or employees. This clause will not be conshued to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd, 5, the Grantee's books, records, documents, and accounfing procedures and pracrices relevant to this gant conisact are subject to examinarion by the State andlor the State Auditor or Legislative 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 Govemment 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 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 Grrantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Crrantee must immediately notify the State. The State will give the Grantee inshuctions conceming the release of the data to the requesting parry before the data is released. il Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers' compensarion insurance coverage. The Grantee'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 pariy as a consequence of any act or omission on the part of these employees are in no way the State's obligarion or responsibility. 12 Publicity and Endorsement 12,1 Publicity. Any publiciry regarding the snbject matter of this grant conhact must idenfify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purQoses of this provision, publicity includes norices, informational pamphlets, pres releases, research, reports, signs, and similaz public norices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, pu6lications, or services provided resulting from this grant contract. 12.2 Exdorsement. The Grantee must not claim Yhat the State endorses its products or services. 13 Governing 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, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Terminatinn by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' v✓ritten notice to the Grantee. Upon termination, the Grantee will be enritled to payment, detemaned on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufficiext runding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or faY notice to the Crrantee. The State is not obligated to pay for any services that are provided after norice and effective date of termination. However, the Grantee will be entitled 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 ternrinated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of RE-HEAT (06/07) the lack of funding within a reasonable rime of the State receiving that notice. O � /D y � 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security nuxnher, federal employer tas identification number, and/or Minnesota tas identification 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 federal and state tax laws which could result in action requiring the Grantee to file state taY retums and pay delinquent�zg taY liabiliries, if any, or pay other state liabiliries. � 1. ENCUMBRANCE VERIFICATION � Indivrdual certifres thatfursds h¢ie been en b�ed hs requrred byMinn. Stat §§ 16A.15 a 6C0 Signed: Daze: ' Grant Contract No. 2. GRANTEE The Grantee Certifies that the appro� have execu[ed �e grant contract oq�b�el required by ¢pplicable anicles, bylaws, By: _ Titie: Date: B _ Title: Date: By: city Att� ee as ord"vl¢nces. Title: Director, Financiial Date: e ice 3. STATE AGENCY By {with detegated a� Tide: Date: � Dietribulion: DPS/FAS Grantee State's Authorized Repruentative r RE-HEA"C (06l07) 4 � EXhibrtA Hiehwav Enforcement of Asgressive Tzaffic (HEATI Grantee's Duties 1 Coordinate enforcement with the State's Authorized Representative for enforcement saturations to be held between Julv 1. 2007 and Mav 31, 2008, providing up to 200 hours of enforcement, as determined by the State's Authozized Representative, not to exceed $10.000.00 for the HEAT program. 2 All law enforcement officers participating in this prograsn inust be Peace Officers Standards and Training Board (POST) licensed as provided by Minnesota law. 3 All law enforcement officers participating in the program should aggressively enforce traffic laws with an emphasis on speed enforcement. 4 All law enforcement officers participating in the program shall work only on roadways designated by the dishict authorized representative. 5 Grantee will provide a list of eligible law enforcement officers who may participate in this program with their overtime rate of pay, including fringe benefits, on "Personnei Roste�" which will be provided to the Grantee by the State. Reimbursement will be made only far hours that officers work on a day off or on a shi$ extension. 6 Grantee will review Officer Activity Reports and Activity Logs which will be provided to the Grantee by the State to verify work efficiency by those officers working the project; officers unwilling or unable to diligently pursue violators cannot be allowed to work subsequent 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 papenvork following each scheduled sluft including, but not limited to, Officer Activity Reports and Invoices to the State's district authorized representarive 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 ogerating costs including, but not lunited to, maintenance and repairs of squad cars used in performance of this grant agreement and shall provide all necessary insurance for them. 10 Grantee's law enforcement officers, providing services under this gtant agreement, are employees of the Grantee and not employees of the State or Federal govemment. ll State's district autt�orized representative is Lt. Bruce Bryne11651-779-5913 RfrHEAT (06/07) Exhibit B, page 1 of 2 FEDERALAUDITREQUIREMENTS (�7 �O'�/� For subrecipients that are state or locai qovernments, non-profit orqanizations, or Indian tribes If the grantee expends total federal assistance of "�50Q,000 or more per year, the grantee agrees to obtain either a single audit or a program-specific audit made for the frscal, year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutionai or statutory requirement for less trequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for bienniaf audits by governments that have an administrative policy calfing 4or audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecioients 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 "ftequitements for Grants and Agreements with Universities, Hospita{s 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 federa4 assistance funds in accordance with applicable laws and regulations. 2. The audit shail be made by an independent auditor. An independent auditor is a state or local govemment auditor or a public account2nt who meets the independence standards specified in the General Accounting Office's "Standards forAudit 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 applicabie). The reporting requirements for audit reports shall be in accordance with the American Institute of Gertified Public Accounts' (AICPA) audit guide, "AUdits of State and Local Governmental 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 it� 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 i�dependent auditor designated by the grantor shail 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. Grantees of federal financial assistance from subrecipients are aiso required to comply with the Single Audit Act and OMB Circu(ar A-133. p o/os) SPEED ZoneNumberAssigned: MANAGEMENT PROJECT v� �/09�I OFFICER ACTIVITY REPORT Total Number of Vehicies Stoppe Total Number of Citations Issued Speed Enforcement Project Activity Log Name: Date: 07'�099 Time Vehicle Vehicle (W)arning/ Reason/Code Citation #/Name License Make (C)itation! # A rrest Speed Enforcement Pro}ect Activity Log Name: Date: ���� Time Vehicle Vehicle (W)arning( ReasonlCOde Citation #lName License Make (C)itation/ # A rrest Operation 4 7 '��y 9 Heat/Speed Enforcement INVOICE A enc Name: St. Paul Police Dep Agency Address: 367 Grove Street St. Paul, MN 55101 SATURATION TOTAL OVERTIME TOTAL INVOICE FEDERAL FUNDS DATE S: HOURS WORKED: AMOUNT: ALLOCATED: � � � � � � � � TOTALS: I _ _ I � $10,000.00 APPROVAL SIGNATURES County or City Authorized Rep. Date District Authorized Rep. Date Federal Projects Director Date Jan Birkeiand REMIT TO: Federal Projects Coordinator Minnesota State Patrol 444 Cedar Street — Suite 13C St. Paul MN 55101 Fax: 651 /296-5937 CFDA Number: 20.205