07-616Council File #
Presented By:
Referred To:
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Green Sheet #
,v
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 Highway Enforcement of Aggressive Tra�c (HEA'1� speed control
3 enforcement; and
4
5 WFIEREAS, the purpose of this grant is to coordinate speed enfocement with the State district
6 authorized representative for speed enforcement from July 1, 2007 through May 31, 2008; and
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
THEREFORE BE IT RESOLVED, that the Saint Paul City Council autLorizes the City of Saint Paul
to enter into, and Chief John Harrington to implement the attached agreement, which includes an
indemnification clause. A copy of said agreement is to be kept on file and on record in the Office
of Financial Services.
29
30
Yeas
Absent
Helgen ,/
Lantry ,/
Montgomery �
Thune ✓
Adopted by Council: Date:
Adoption Certified by C uncil Se retary
By: ;
Approved by ay r. ate: G f���7
By:
Q:�FiscalW O&CR\HEAT2007-7_1 _07th ru5_31 _08.zis
Approved by Mayor for Submission to Council:
BY����vi �9d� � .�-O�
o� �i�
3041157
Requested by Department of:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� 2
PD - PoliceDepariment
25-JUN-07
Green Sheet NO: 3041157
ColrtactPerson & Phone:
Chief John Harrington
266-5568
Must Be on Cou�ii Aaea
Doc. Type: RESOLUTION
�
Assign
Fl1smU2r
For
Routing
Order
E-DOeumeM Required: Y �
Document CoMact: Amy Brown
CoMact Phone: 2665 07
Total # of Signature Pages _(Clip AII Loeations for Signature)
0 �olice Deparlment Police Deoarhment 1
1 YoliceDeoartment I PdiceDepazfinent � /
2 i AitorceY CiN Attornev i V
3 or's OfSce Ma or �_�'3
4 omcil Conncil
5 " Clerk (.7 Clerk
6 olice De arhneut Pdice De arlment
Signatures on the attached council resolurion authorizing the City of Saint Paul, Police Departrnent, to enter into [he attached
agreement with ihe Minnesota Departrnent of Public Safety.
iaanons: v,pprove (,v) or r
Planning Commission
q6 Committee
Civil Service Commission
1. Has this persoNfirm ever worked under a contract for this departmerrt?
Yes No
2. Has this person/firm ever been a ciry employee?
Yes No
3. Dces this persorJfirm possess a skill not normally possessed by any
curtent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City of Saint Paul, Police Depariment, has received a Highway Enforcement of Agtessive Traffic (F�AT) speed control
enforcement grant from the Minnesota Department of Public Safety for the period July 1, 2007 through May 31, 2008. Authorizafion
is needed to en[er into a grant agreement with the Minnesota Deapartrnent of Public Safety.
Ativantages If Approved:
The HEAT grant provides funding for officers to aggressively enforce tr�c laws with an emphasis on speed enforcemen[.
DisadvanWges If Approved:
None.
RECEIVED
JUL 0 3 2007
Disativantages If Not Approvetl: MAYOR OFFICE
Inability to use grant funds to enforce haffic laws.
i _ .. .; cS dUE��
Transaction: ��0,000
CosURevenue Budgeted:
Funa��y source: State of Minnesota
Financial Information:
(Explain)
Activity Number:
June 25, 2007 1:52 PM Page 1
STATE OF MINNESOTA O �—/
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 St. Paul Police Deoaztment. 367 Grove
Street. St. Paul, MN SS101 ("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 this grant contract aze provided from U.S. Department of Transportarion's Federal Highway
Administration, Catalog of Federal Domesric Assistance (CFDA) Number 20205.
3 The State is in need of coordinated sahuarions as part of the Highway Enforcement of Aggressive Traffic (F�AT)
speed control enforcement.
4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the
satisfacrion of the State.
Grant ContraM
1 Term of Grant Contract
11 Effective date: Julv 1, 2007, or the date the State obtains all required signatures under Minnesota Statutes Secrion
16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Cnurtee may claim
reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant confract. Reimbursements will only
be made for those expenditures made according to the terms of this grant conhact.
1.2 Expiration date: Mav 31, 2008, or until all 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. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
2 Grantee's DuUes
The Grantee, who is not a state employee, will:
Perform the duties and tasks specified in the Aighway Enforcement of Aggressive Traffic (HEAT) Crrantee's Duties,
Exhibit A, which is attached and incorporated and made a part of this grant contract.
Gnntee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circulaz
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 fime requirements described in this grant contract. In the performance of this
grant contract, rime is of the essence.
Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as foilows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $10,000.Q0 for officer ovextime
rates, including fringe benefits, incurred in providing services pursuant to Clause 2 of this grant contract.
Invoices for reimbursement must be submitted using the HEAT Invoice which will be provided to the Grantee
by the State. All invoices for reimbursement must be supported by written documentafion.
(2) Trave[ Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the
Grantee as a result of this gant 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 Relarions
which is incorporated into this grant contract by 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 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 travelin�to and from saturation events
RE-HEAT (06/07)
o �-���
(3) Matching Requiremenu. (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. T'he total obligarion of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $10.000.00.
42 Payment
(1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
ser�ices actually performed and the State's Authorized Representarive accepts the invoiced services. Invoices
must be submitted rimely and according to the following schedule:
Itemized invoices will be submitted within 30 days after each saturarion event to the State's Authorized
Representative.
Final invoice nertaining to this ezant contract must be received within 30 davs after the Expirarion date of this
grant contract.
Expenditures for each state fiscal vear of this esant contract must be for services performed within apulicable
state fiscal years. Every state fiscal vear begins on July 1 and ends on June 30.
(2) Federad 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 through CFDA number 20.205 U.S. Department of
Transportation's Federal Highway Administrarion. 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 Crrantee'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 RepLesentative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Cn•antee will not receive payment for work
found by the State to be unsafisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Lt. Bruce 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 services provided under this grant contract. If the services are satisfactory, the State's
Authorized Representafive will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is S¢t. Dav Plucinak. 367 Grove Street. St. Paul, MN 55101, (651Z66-
5727. If the Cnantee's Authorized Representative changes at any time during this grant contcact, the Grantee must
immediately nofify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.lAssigrxment. 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 effective unril 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.
7.4Grarxt 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 parry.
R�HEAT (06/07)
o� ���
Liability
The Cttantee must indenmify, save, and hold the State, its agents, and employees harmless from any claims or
causes of acrion, including attomey's fees incurred by the State, arising from the performance of this grant contract
by the Crrantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies
the Grantee may have for the State's failure to fulfill its obligarions under this grant cont�act.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Giantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract aze subject to examinarion by the State and/or the State Auditor or
Legislarive Auditor, as appropriate, for a minimum of six yeazs from the end of this grant contract.
10 Government Data Practices
The ('Jrantee and State must comply with the Minnesota Govemment Data Practices 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 Cttantee 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 Grantee 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 give the Grantee instructions conceming the release of the data to the requesting party
before the data is released.
11 Workers' Compensation
The Cnantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. Z, pertaining to workers'
cornpensafion insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Warkers' Compensarion Act on behalf of these employees and any
claims made by any third party 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
Representative. For purposes of this provision, publicity includes norices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the progrun, publications, or services provided
resulting from this grant contract.
12.2 Endorsement. The Grantee must not claim that the State endorses its products or szrvices.
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 rime, with or without cause, upon
30 days' cvritten 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 contract if it dces
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. Temrinarion must be by
written or fax notice to the Grantee. The State is not obligated to pay for any services that aze provided after
notice 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 are 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
�-HaA7 �o6ro�>
the lack of funding within a reasonable time of the State receiving that norice. � 7 J � O /1°
15 Data Disclosure
Under Minn. Stat. § 270C.65, and other applicable law, the C}rantee consents to disclosure of its social security
number, federal employer taY identificarion number, and/or Minnesota tax identificarion number, already provided
to the State, to federal and state taY agencies and state personnel involved in the payment of state obligarions.
These identification numbers may be used in the enforcement of federal and state tax laws which could result in
acrion requiring the Grantee to file state tax retums and pay delinquent state tax liabilities, if any, or pay other state
liabilities.
1. ENCUMBRANCE VERIFICATIOIV
Individual certifies [h¢tfundr kme been encumb�ed as
requved byMinn. S l6AIS a T6CO5. )
signea:
Date:
Crrant Contract No.
2. GRANTE�
The Grantee certi �!ha! th propriate puson(s)
have ececuted grant contract on 6Phaljoflhe Gr¢ntee as
required by applicable articles, by[aws, resolutians, or ordinances.
B �
/
TiBe:
{• �,:
! r
Date: ` (
City Attorney
�
tle: Director�j Financial S"ervices
Da
3. E
Br
Titl<
DatE
Distribulion:
DPS/FAS
Grantee
State's Au[horized Representafive
RE-REAT (06/07)
b ? �/b
E�ibit A
Highway Enforcement of A¢eressive Traffic (HEATI Grantee's Duties
1 Coordinate enforcement with the State's Authorized Representative for enforcement
saturations to be held beriveen July 1, 2007 and Mav 31, 2008, providing up to 200 hours of
enforcement, as determined by the State's Authorized Representative, not to exceed
$10.000_00 for the HEAT program.
2 All law enforcement officers participating in this program must be Peace Officers
Standazds and Tra.ining Boazd (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 district 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 "Personnel Roster"
which will be provided to the Grantee by the State. 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 Logs which will be provided to
the Grantee by the State to verify work efficiency by those officers working the proj ect;
of£icers 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 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
enfoxcement 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 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 autt�orized representative is Lt. Bruce Brynell 651-779-5913
RE-HEAT (06/07)
b 1-�/�
Exhibit B, page 1 of 2
FEDERAL AUDIT REQUIREMENTS
For subreci ients that are state or local overnments. non- rofit or a�izations. or Indian tribes
If the grantee expends total federal assistance of �500,000 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 annuaily unless the state or local government has, by January 1, 1987, a
constitutional or statutory requirement for less frequent audits. For those governments, the federal
cognizant agency shall permit biennia! audits, covering both years, i4the government so requests. It shall
also 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 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 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 shall be made by an independent auditor. An independent auditor is a state or local
govemment auditor or a public account8nt who meets the independence standards specified in the
General Accounting Office's "Standards for Audit 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 applicable).
The reporting requirements for audit reports shall be in accordance with the American Institute of
Certified Pubiic 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
in the report, including a plan for corrective action taken or planned and comments on the status of
corrective acGon taken on prior findings. If corrective ac6on 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 financiaf statements
as may be necessary for the grantor to comply with the Single AuditAct 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.
(10/OS)
Exhibit 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 documentation to support the schedule of federal assistance for at least four
years.
8. R�uired audit reports must be filed with the State Auditor's Office Sinqle Audit Division and
with federa! and state apencies providinq federa! assistance and the Department of Public Safetv
within riine monYhs of the qrantee's fiscal vear end.
OMB CircularA-133 requires recipients of more than $500,000 in federal funds to submit one copyof the
audit report within 30 days after issuance to the centrai clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th 8treet
Jeffersonvi(le, indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safety's audit report shouid be addressed to:
Minnesota Departmenf of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
(ioios)
6 7-�/�
S P E E D Zone Number Assigned:
MANAGEMENT
PROJECT
OFFICER ACTIVITY REPORT
Total
of Citations issued
Speed Enforcement Project
� ? �/�
Activity Log
Name: Date:
Time Vehicle Vehicle (W)arning/ Reason/Code Citation #/Name
License Make (C)itation/
# A rrest
Speed Enforcement Project
Activity Log � � ��b
Name: Date:
Time Vefiicle Vehicle (WjarningJ Reason/Code Citation #/Name
License Make (C)itation/
# A rrest
Operation � ���
Heat/Speed Enforcement
iNVOic�
SATURATION TOTAL OVERTIME TOTAL INVOICE FEDERAL FUNDS
DATE S: HOURS WORKED: AMOUNT: ALLOCATED:
� �
� �
� �
� �
TOTALS:
CFDA Number: 20.205
$10,000.00
This block for State Use Oni
Vendor Number: 200417118-00 SFY: 08 Order Number: 5000-5200
Agency: P07 Fund: 300 Org:5157 Appr: 534 Report Cat: SP07
APPROVAL SIGNATURES
County or City Authorized Rep. Date District Authorized Rep. Date
Federal Projects Director Date
Jan Birkeland
REMIT TO: Federal Projects Coordinator
Minnesota State Patroi
444 Cedar Street — Suite 130
St. Paui MN 55101
Fax: 651 /296-5937