07-99Council File #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By:
Referred To:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Green Sheet #
Committee:Date:
0�-9'9'
30359A9
��
WI�REAS, the City of Saint Paul, Police Department, wishes to enter into a grant &om the
Minnesota Department of Public Safety for a Night Cap Grant for the period of October 1, 200b
through September 30, 2007; and
BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter into,
and Chief John Harrington to implement the attached agreement with the Minnesota Department of
Public Safety, 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.
Requested by Deparhnent of:
Harris
B yi
Thune
Adopted by Council: Date: a
Adoption Certifie by Co� cil Secretary:
BY� .�i� /ir,i.��a�
Approved
By:
Date: z ` q I �b � Approp by ar for bmissio to ouncil:
��� By:
Q:\Fiscal W O&CR�2006\N ightcap 10_t _OB-9_30_07cr.xls
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� 7_'� !
� PT)
I CoMact Person & Phone:
; Chief John Hartington
i 266-559g
; Must Be on Couneil A_qen
Doc. Type: RESOLUTION
E-Document Required: Y
Doeument CoMaCt: Amy Brown
Contact Phone: 266-5507
Total # of Signature Pages
a�AN-0,�� i Green Sheet NO: 3035949
y
Assign
Number
FOf
Rou[ing
Order
All Loeations for Signature)
0
I
2
3
4
5
6
YoliceDeoarlment I PdiceDeparhnent i
�PWice Deoartment � Police Depaz�ment I
'� Attorcer � (Slp Attorney ' �
vor'SOffice 1 MaYOr
�
�Council i Council
iCity Clerk City C7erk i
oliceDeaartrnent PoliceDevarmient
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached
agreement with the Minnesota Departrnent of Public Safery.
iaanons: npprove (q) or He�ect (H): rersonai service wntrects must wnswer tne ronowmg ttues[ions:
Planning Commission 1. Has this person/firm ever worketl under a contract for this tlepartmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever 6een a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current ciry employee?
Yes No
, F�cplain all yes answers on separate sheet and attach to green sheet
InRiefing Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City of Saint Paul, Police Department, has received a Night Cap Grant from the Minnesota Aepartrnent of Public Safety for the
period October 1, 2006 through September 30, 2007. Authorization is needed to enter into a grant agreement with the Minnesota
Department of Public Safety. �
Advantages If Approved:
The Night Cap gtant provides funding for haffic enforcement targeting impaired driving due to alcohol.
Disadvantages If Approvetl:
None.
Disadvantages If Not Approvetl:
Inability to use grant funds available for sa[ura[ion of impaired driving due to alcohol.
JAN 2 2 2007
Transaction: � � � ,cvv
fund�ny source: State of Minnesota
Financial Information:
(Euplain)
Activiry Number: 34146
�: s .
�
�
�, . � � .,i � 9tl
�. �l`
January 5, 2007 2:15 PM
CosURevenue Budgetetl:
Page 1
�a� 19 2�0�
���
STATE OF NIINNESOTA � 7-9 �
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting tluough its Commissioner of Public Safetv. State Patrol
Division. 444 Cedar Street Suite 130. St. Paul. MN 55101-5130 ("State") and Citv of Saint Paul. Police Deparhnent, 367
Crrove Street, Saint Paul. MN 55101 ("Grantee").
Recitals
1 Under Minn. Stat. § 299A.01. Subd 2(41 the State is empowered to enter into this grant contract.
2 Federal funds for this grant conhact are provided from U.S. Department of Transportation's State and Community
Highway Safety Progam, Catalog of Federal Domesric Assistance (CFDA) Number 20.601.
3 The State is in need of coordinated impaired driving enforcement saturations and public information acriviries.
4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the
sarisfacrian of the State.
Grant Contract
1 Term of GranY Contract
1.1 Effective date: October l. 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 expenditures made according to the terms of this gant contract.
1.2 Expir¢rion date: Serotember 30 2007 or until all obligations have been safisfactorily fulfilled, whichever occurs
first.
13 5urvzval ofTerms. The following clauses survive the expiration or cancellafion of this grant contract: 8. Liabilit};
9. State Audits; 10. Govemment Data Practices; 12. Publiciry and Endorsement; 13. Goveming Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
2 Grantee's Duties
The �antee, who is not a state employee, will:
Perform the duries and tasks specified in the NightCAP Grant Program Duries, E�ibit 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 Circulaz
A-133. Federal Audit Requirements is attached and incorQorated and made part of this grant contract. See Elchibit B.
3 Time
The Grantee must comply with a11 the time requirements described in this grant conhact. In the performance of this
grant contract, time is of the essence.
Consideration and Payment
41 Considerafion. The State will pay for all services performed by the Cnautee under this grant coniract as follows:
(1) Compensation. The C}rantee will be reimbursed an amount not to exceed $11.200.00for officer overtime rates,
including fringe benefits, incurred in providing services pursuant to Clause 2 of this grant contract. Invoices
for reimbursement must be submitted using the Operarion NightCtlP Invoice which is attached and
incorporated into this grant contract. AIl invoices for reimbursement must be supported by written
documentation.
(2) Travel Ezpenses. 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 incoroorated into this �rant contract by reference. The Grantee will not be reimbursed for travel and
subsistence expenses incurred outside Minnesota unless it tias received the State's prior written approval for
out of state travel. Minnesota will be considered the home state for detemuning whether travel is out of state.
MSP (1t/06)
o7-�q
No reimbursement st�all be made for salar�osts incurred in travelin¢ to and from saturarion events.
(3) Matching Requiremenfs. (If Applicable.) Gcantee certifies that the following matching tequirement, for the
grant contract, will be met by the Crrantee: $0.000.00.
(4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under fhis grant conhact will not exceed $11,200.00.
4.2 Payment
(1) Invoices. The State will promptly pay the Grantee after the ('rrantee 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 nertainme to the first state fiscal veaz of this erant contract must be received bv 7ulv 31 2007.
Reimbursements from the second state fiscal vear mav commence on or after Julv 1. 2007. The final invoice
pertaining to the second state fiscal veaz of this �ant contract must be received bv October 31, 2007.
Exroenditures for each state fiscal year of trus 2rant contract must be for services performed within applicable
state fiscal vears Everv state fiscal year begins on Julv 1 and ends on June 30.
(2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant conlract
will be made from federal funds obtained by the State through Title 23 CFDA number 20.601 of the State
and Communiry Highway Safety Act of 1966. The Grantee is responsible for compliance with all federal
requireznents imposed on these funds and accepts full financial responsibility for any requirements unposed 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
deternuned at the sole discretion of the State's Authorized Representarive and in accordance with all applicable
federal, state, and local laws, ardinances, rules, and regulations. The Crrantee 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 Representafive is Lt Bruce Brvnell 3484 Hadlev Avenue North Oakdale, MI3 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 safisfactory, the State's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representaflve is Senior Conunauder Gretorv Pve 3b7 Grwe Street Saint Paui NIN
55101. (6511266-5999. If the Cn�antee's Authorized Representative changes at any time during this grant contract,
the Grantee must immediately notify the State.
7 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 coniract 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.
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 negotiafions and agreements between the State and
Msr Ci�ro6>
o �-� �
the C'nantee. No other understanding regazding this grant conhact, whether written or oral, may be used to
bind either parry.
Liability
The Grautee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or
causes of acrion, including attomey's fees incurred by the State, arising from the perfom�ance of this grant contract
by the Crrantee or the C'srantee'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 obligarions under this grant conhact.
9 State Andits
Under Minn. Stat. § 16C.05, subd. 5, the Crrantee's books, records, documents, and accounting procedures and
practices relevant to this grant conhact are subject to examination by the State and/or the State Auditor or
Legislative Auditor, as appmpriate, for a minunum oP six years from the end of this grant contract.
1� Government Data Practices
The Grantee and State must comply with the Minnesota Govenunent 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 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 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 Grautee instructions concerning the release of the data to the requesring pariy
before the data is released.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and any
claixns 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 publicityregarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior wzitten approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informafional pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subconhactors, with respect to the program, publications, 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 Statz The State may cancel this grant contract at any tixne, with or without cause, upon
30 days' written notice to the Grantee. Upon ternunation, the Grantee will be entitled to payment,
deternuned on a pro rata basis, for services safisfactorily performed.
14.2 Termination for Insufficient Funding. The State may immediately temunate 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. Temrination must be by
written or faac norice to the Crrantee. The State is not obligated to pay for any services that aze provided after
notice and effecrive date of ternunation. However, the Grantee will be enritled to payment, deteiinined on a
Msr ��iro6>
a7-� 9
pro rata basis, for services sarisfactorily 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 Cnantee notice of
the lack of funding within a reasonable time of the State receiving that notice.
15 Data Disclosnre
Under Minn. Stat: § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tae identification number, and/or Minnesota tax identification number, already provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state obligarions.
These idenrification numbers may be used in the enforcement of federal and state tax laws which coiild result in
action requiring the Grantee to file state tas returns and pay delinquent state tas liabiliries, if any, or pay other state
liabilities.
i. EIVCUMBRANCE VERIFICATION
Lutividual certifzes thatfunds haie been erscumbaed ns
requ'ved 6y Mirsa Sfat. §§ 16A15 and 16CO5.
Dis4ibution:
DPSlFAS
Grantee
State's Aufiorized Representative
�I�
�
MSP (IIPo6)
The Gr¢ntee cert fes ihat ihe appropriate puson(s)
have raecuted the grant condact on behaljof fhe Gran[ee as
required by appGcable arHcles, bylaws, resolu8ons, or ord'mancvs.
E�chibit A
Page 1 of 1
Operation NightCAP Grant Pro2zam Grantee's Duties b 7'
/
1 Coordinate alcohol sahsarions with the State's district authorized representative for saturation
events to be held between October 1 2006 and Sentember 30. 2007, providing up to two hundred
twentv four hoius of enforcement.
2 All law enforcement officers participating in tUis progtam must be Peace Officers
Standazds and Trainiug Board (POST) licensed as provided by Minuesota law.
3 All law enforcement officers participating in this program must be Standardized Field
Sobriety Testing (SFST) trained. Crrantee will provide proof of training upon request.
4 All law enforcement officers participating in this program should aggressively enforce
traffic laws with an emphasis on unpaired driving.
5 Reimbursement will be made only for hours that officers wark overtime. The overtime
rate used for reimbursement may include fringe benefits, excluding medical insurance and
vacatian.
6 Grantee will review Officer Activity Reports and Activity Logs (sample attached) to
verify work efficiency by those officers working the saturations; officers unwilling or unable
to diligently pursue impaized drivers cannot be allowed to work 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 saturarion event
including, but not limited to, Officer Acfivity Reports and Invoices to the State's dishict
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 representa6ve 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 cazs 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 oFthe State or Federal govexnxnent.
11 State's district authorized representative is Lt. Bruce Brynell at (651)779-5913.
(Ol/06)
Exhibit B, page 1 of 2
FEDERAL AUDIT REQUIREMENTS o 7 !
For subrecioients that are state or local qovemments, non-profit orqanizations, 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 shal{ be made annually unfess the state or 4oca! govemment has, by January 1, 1987, a
constitutional or statutory requirement for less frequent audits. For those governments, the federal
cognizant agency shall permit biennial audits, covering both years,'rfthe govemment so requests. It shall
also honor requests for bienniai audits by governments that have an administrative poiicy 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
lf the grantee expends tota( 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, Nosp+tals 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
applicabie laws and regulations.
2. The audit shall be made by an independent auditor. An independent auditor is a state or Iocal
government auditor or a public accountant 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 shail state that the audit was pertormed in accordance with the provisions of OMB
Circular A-133 (or A-110 as appiicabie).
The reporfing requirements for audit reports shall be in accordance with the American lnstitute of
Certified 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
in the report, incfuding a plan for corrective action taken or planned and comments on the status of
corrective action taken on prior findings. If corrective action is not necessary, a statement describing the
reason it is not should accompany the audit report.
4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent
auditor designated by the grantor shall have such access to grantee's records and financial statements
as may be necessaryfor the grantor to complywith the Single AuditActAmendments 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.
(ioios)
Exhibit B, page 2 of 2
o �-9 �
6. The Statement of Expenditures form can be used for the scheduie of federal assistance.
7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four
years.
8. Required audit reports must be filed with the State Auditor's Office, Sinqle Audit Division, and
with federal and state aqencies providinq federel assistance and the Deaartment of Public Safetv
within nine months of the qrantee's fiscal vear end.
OMB Circular A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the
audit report within 30 days after issuance to the central clearinghouse at the foilowing address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paui, MN 55101-5126
�ioros)
County Assigned:
0 7-9�
OFFtCER AGTIVITY REPORT
Total Desi nated Driver Contacts
Operation NightCAP
Name:
Activity Log
Date:
o ? ��'
Time Vehicte Vehicie (YV�arning! ReasonlCode Citation #/Name
License Make (C)itafion/
# rtest
Operation
N ig h t C AP
07 9�
Invoice
SATURATION TOTAL OVERTIME TOTAL INVOICE FEDERAL FUNDS
DATE S): HOURS WORKED: AMOUNT: ALLOCATED:
$ �
� �
$ �
� �
ALS:
CFDA Number: 20.601
$1'1,200.00
$
This block for State Use Only
Vendor Number: 200417118-00 SFY: 07 Order Number: 5000-5021
Agency: P07 Fund: 300 Org: 5153 Appr: 53G Report Cat: 0308
APPROVAL SIGNATURES
County or City Authorized Rep. Date Distsict Authorized Rep. Date
Federal Projects Director Date
REMIT TO: Federal Projects Coordinator
Minnesota State Patrol
44A Cedar Street — Suite 130
St. Paul MN 55101
Fax: 651 /296-5937