07-1208Council File #
Presented By:
Referred To:
Committee:Date:
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 Night Cap Grant for the period of October 1, 2007 through
3 December 31, 2007; and
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5 BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter into,
6 and Chief John Harrinb on to implement the attached agreement with the Minnesota Department of Public Safety,
7 which includes an indemnification clause. A copy of said agreement is to be kept on file and on record in the
8 Office of Financial Services.
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Requested by Department of:
Police
�
by City Attorney:
Adopted by Council: Date: / y
Adoption Certi�ed by C uncil Secretary:
BY� ��s'i�/��.PS�
Approved by Maysr: ate: ��^' ut d�
I3y: �tles�\�
RESOLUTION
� SAINT PAUL, MINNESOTA
Green Sheet #
D 7-/�.(5�
3046653
,�
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Financial Services:
By:
Approved'by n�yor for Submiss�on to Councii:
BY� �.� G����f%�'�,i✓
Q:\FiscalAffausWO&CR�200TNigh[Cap10_1 _07thru72_31_07.xis
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
6�-fa-a8
DepartmenUofficdcouncil: � Date Initiated:
PD - PoliceDepanment � z�NO��� ' Green Sheet NO: 3046653
Contact Person & Phone:
Chlef John Harrington ,
266-5588
Mus[ Be on Council Agenda by (Date ): j
-- �
Doa 7ype: RESOLU710N �
EDOCUment Required: Y �,
Document Coniact: Evette Scarver �
__. ___ _ - _ ___ --- _ . . _ _ __- - _ _. . __
� � Department Sent To Person _ J InitiaUDate �
i 0 �Pdim Deoartment Police Deparm�ent
Assign 1 �Yolim Deoarhnent i Police Deparhnent I �,
Fo mber � 2 ity Attornev ' City Attorney ✓ �
i
Routing 3 �1Ylavor's Office i Mayor I
Order j 4 Comcil Council
i 5 �City Clerk CitV Clerk
, 6 � olice Deparhnent __ i P 1 eco � D aep rtment '_ _._ �.
Contact Phone: 266-5541 P_ 9
__-_-____ .__ _1-__.__ __—__ —___.__— _ __—,—__.______— __..._�
Total # of Signature Pages �(Cli All Locations for Si nature) ��,
_ _ _ — _ . . _ _________._._ .____— �__—._- ___._
__ _ _—_____ ___!
Action Requested: �
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Departmen[, to enter into the attached �''
agreement with the Minnesota Department of Public Safety.
ioanons: approve �H� or rt
Planning Commission
CB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessetl by any
current ciry employee�
Yes No
Explain all yes answers on separate sheet antl attach to green sheet
initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ''�,
The City of Saiut Paul, Police Department, has received a Night Cap Grant from the Minnesota Department of Pnblic Safety for the I
period of October 1, 2007 tluoug6 December 31, 2007. Authorization is needed to enter into the attached agreement. �I
Advantages If Approved: � �–����-- �—� --- �
'I'he Night Cap grant provides funding foL traffic enforoement targeting impaired d�iving due to alcohol.
Disativantages�if Approved:
None.
-- � � ---------- � ------�- --- --- --- —
Disativantages If Not Approved:
i�ability to use grant funds available for saturation of impaired drivmg dae to alcohol.
Total Amount of
7ransaction: $1,320.00
CosURevenue Budgeted:
Fund��y so�rce: State of Minnesota Activity Number: 34146
Financial Information:
(Euplain)
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n. � November 26, 2007 1:11 PM Page 1
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STATE OF NIINNESOTA . Q�' t a'� 8
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, State Patrol
Division, 444 Cedar Street Suite 130. St. Paul, MN 55101-5130 ("State") and the Citv of Saint Paul, Police Deoartment. 367
Crrove Street. Saint Paul. MN 55101 ("Grantee").
Recitals
1 Under Mimi. Stat. § 299A.01. 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 Transportarion's State and Community
Highway Safety Program, Catalog of Federal Domesric Assistance (CFDA) Number 20.608.
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 a�ees to perform all services described in this grant conhact to the
sarisfacrion of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: October 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 expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements will only
be made for those expenditures made according to the terms of this grant contract.
12 Expiration date: December 31. 2007, or unril all obligations have been sarisfactorily fulfilled, whichever occurs
first.
13 Survival of Terms. The following clauses survive the expiration or cancellafion of this grant contract: 8. Liability;
9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdicrion,
and Venue; and 15. Data Disclosure.
2 Grantee's Duties
The C,rantee, who is not a state employee, will:
Perform the duties and tasks specified in the NightCAP Grant Program Duties, Eachibit 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 Exhibit B.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performauce of this
grant contract, time is of the essence.
Consideration and Payment
4.1 Consideradon. The State will pay for all services performed by the Cnantee under this grant contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $1.320.00 far officer overtime rates,
including fringe benefits, incurred in providing services pursuant to Clause 2 of this grant conhact. Invoices for
reimbursement must be submitted using the Operarion NightCAP Invoice which is attached and incorporated
into this grant contract. All invoices for reimbursement must be supported by written documentation.
(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 greater amount than provided
in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is
incomorated into this erant contract bv 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 out of state
lravel. Minnesota will be considered the home state for deternuning whether travel is out of state.
Msr piro6�
07-1�-68
No reimbursement shall be made for salarv costs incurred in traveline to and from saturarion events
(3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: $0.000.00.
(4) Tota1 Obligation. "i`he total obligation of the State for a11 compensarion and reimbursements to the Grantee
under this grant conhact will not exceed $1.320.00.
4.2 P¢yment
(1) Invoices. The State will promptly pay the Grantee after the Crrantee presents an itemized invoice for the services
actually performed and the State's Authorized Representarive accepts the invoiced services. ffivoices must be
submitted timely and accozding to the following schedule:
Itemized invoices will be submitted within 30 days after each sahxrarion event to the State's Authorized
Representative.
Exroenditures for each state fiscal yeaz of this arant contract must be for services performed within applicable
state fiscal vears. Everv state fiscal yeaz beQins on Jul� and ends on June 30.
(2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will
be made from federal funds obtained by the State ttuough Title 23 CFDA number 20.608 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 C,rautee under this grant contract must be performed to the State's sarisfaction, as
detemuned at the sole discretion 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
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representarive is Lt. Bruce Brvnell, 3489 Hadlev Avenue North, Oakdale. MN 55128,
(651)779-5913,or his/her successor, and has the responsibility to monitar the Crrantee'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 Authoriz�d Representative is Senior Commander C'sre¢ory Pve, 367 Grove Street, Saint Paul, MN
55101. (651)266-5999. If the Cn'autee's Authorized Representative changes at any time during this grant confract,
the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.lAssignmenL The Grantee may neither assigi 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 until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office.
7.3 Waiver. if the State fails to enforce any provision oi this grant contract, that failure does not waive the provision
or its right to enfarce it.
7.4Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the C'nantee. No other understanding regarding this grant conhact, whether written or oral, may be used to
bind either party.
8 Liability
MSP QI/06)
' 6�-iao�
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes
of action, including attomey's fees incurred by the State, arising from the performance of this grant contract by the
Grantee or the Cnantee's agents or employees. This clause will not be construed to baz any legal remedies the
Grantee inay have for the State's failure to fulfill its obligations under this � contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the ('Jrantee's books, records, documents, and accounting procedures and
pracrices relevant to this grant conhact are subject to exanunarion by the State and/or the State Auditor or
Legislarive Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
10 Govemment 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 refesed to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Gcantee must immediately notify
the State. The State will give the Grantee instrucrions conceming the release of the data to the requesring party
before the data is released.
11 Workers' Compensation
'I'he Grantee certifies that it is in compliance with Minn. Stat. § 176.181, 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 parry 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 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, informafional pamphlets, press
releases, research, reports, sigps, and similar 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 from 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
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon
30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, detemuned
on a pro rata basis, for services satisfactorily performed.
14.2 Termination for Insufficient Funding. The State may immediately terminate this grant conh if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be conrinued at a
level suf:icient to allow fcr the payi:�ent cf the services cove; �d here. Terminarion must be by writt� or fax
notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and
effecrive date of tennination. However, the Grantee will be entitled to payment, detetmined 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 terminated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding
within a reasonable rime of the State receiving that nofice.
MSP (11f06)
6�-/�
15 Data Disclosure
Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tax idenrificarion number, and/or Minnesota tas idenrificarion number, already provided
to the State, to federal and state taY agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state taac laws which could result in action
requiring the Crrantee to file state tas returns and pay delinquent state tax liahilZries, if any, or pay other state
liabiliries. A
1. ENCUMBRANCE VERIFICATION
Individual ceRif+es that fursds ha�e beert encumbered as
requ'ved byMinn. S�at. §§ l6A.15 and 16CO5. ,
Signed: ��
Date:
Cnant Contract No. 50000005429
2. GR4NTEE
3. STATE AGENCY
By:
(with delegated ac
Title:
Date:
The Grantee cert�es that the appro�tr3"ate p son(s)
have executed the grant contract ori behaljo the Gran(ee as
required Gy npplicable articles„tiylaws, reso �tions, or ardinances
S
By: ;
Title:
Date:
By:
Trtle: Chief of Police'
Date:
Dtstribulion:
DPS/FAS
Grantee
State'S Authonzed Representative
MSP (11/06) q
Exhibit A
Page 1 of 1
Ni¢htCAP Grant Proeram Grantee's Duties �..�
1 Coordinate alcohol saturations with the State's district authorized representative for
saturation events to be held between October l, 2007 and December 31, 2007, providing up
to twentv four hours of enforcement.
2 All law enforcement officers participating in this program must be Peace Officers
Standazds and Trainiug Board (POST) licensed as provided by Minnesota 1aw.
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
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 "Personnel
Roster". Reimbursement will be made only for hours that officers wark on a day off or on a
shift extension.
6 Grantee will review Officer Activity Reports and Activity Logs (samples attached) to
verify work efficiency by those officers working the saturations; officers unwilling ar unable
to diligently pursue impaired drivers cannot be allowed to wark subsequent saturation events
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 following each saturation event
including, but not limited to, Officer Activity Reports and Invoices to the State's district
authorized representarive within seven (7) working days following each saturation event.
8 Grantee will participate in public information and media efforts with the State's district
authorized representative as a part of each saturation event.
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 all
necessary insurance for them.
10 Grantee's law enforcement officers, providing services under this grant agreement, aze
employees of the Grantee and not employees of the State or Federal government.
ll 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 REQUtREMENTS Q �'��g
Eor subrecioients that are state or local qovemments. non-orofit orqanizations. or Indian tribes
lfthe grantee expends totalfederat ass[stance of $50�,�Q0 or more per year,the grantee agrees to
obtain either a single audit or a program-specific audit made for the fiscal, year in accordance with the
terms of the Single Audit Act Amendments of 1996.
Audits shall be made annualiy uniess the state or locai government has, by January 1, 1987, a
constitutionai or statutory requirement for less frequent audits. For those govemments, the federal
cognizant agency shail permit bienniai audits, covering both years, ifi the govemment so requests. It shall
aiso honor requests for biennial audits by governments 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 hosqitals
If the grantee expends total direet and indirect federal assisfance of $500,004 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 No�profit
Organizations" as applicable. The audit shaii cover either the entire organization or ali Eederal funds of
the organization.
The audit must determi�e 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 pubiic accountant who meets the independence standards spec�ed in the
Generai Accounting Office's "Standards for Audii 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
Ci�cular A-133 (or A 110 as appflcable).
The reporting requirements for audit reports shail 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 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 findings. If corcective action is not necessary, a statemerit describing the
reason it is not should accompany the audit report.
4. The grantee agrees that the grantor, the Legisfative 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. Grantees of federal financial assistance from subrecipients are also required to comply with the Single
Audit Act and OMB Circular A-133.
�toros>
Exhibit B, page 2 of 2
6. The Statemenf of F�cpenditures form can be used for the schedule of federal assisYance.
7. The grantee agrees to retain documenYation to s�pport the schedule of federal assistance tor at least four
years. �
8. Required audit reuorts must be filed with the Stafe Auditar's Office Sinqle Audit Division and
with federat and stafe aaencies providinq federal assistance. and the Department of Pubfic Safetv
within nine months of the arantee's fiscal vear end.
OMB Circular A-133 requires recipients of more than $500,000 in federai 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 Preparafion Division
1201 East 10th 3treet
Jetfersonville, Indiana 47132
Attn: Singie Audit Clearinghouse
The Department of Public Safety`s audit report should be addressed to:
Minnesota Department of Pubiic Safety
O�ce of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
(toros)