08-74Council File #
Green Sheet #
Presented By:
Referred To:
B
Fo �
By:
Approva
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By: _
WIIEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota
Department of Public Safety for a Night Cap Grant for the period of January 1, 2008 through
September 30, 2008; and
5 BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter into,and
6 Chief John Harrington 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:
Adoption Certi ed by ouncil Secretary:
BY� _ //n �.iUG�s�
Approved by ay : te: %� U�
� 1
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
1�
Committee:Date:
by City
by Fir�ancial Services:
Approve� ayor for issio o Council:
By:
.�
3047895
Q:\FiscalAffairs�AO&CR�2008\NightCapt_1_08thru9_30_OB xis
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�$-��
i PD – PoliceDepaztmenr
� Contact Person & Phone: �
, ChiefJOhnHarrington ,
� 266-5588 .
' Must Be on Council Agentla by (Date): �
i
! Doa Type: RESOLUTION
�, E-DOwment Required: Y
; Document Contact: Evette Scarver
. Contact Phone: 266-5547
2�-oE�-0� i Green Sheet NO: 3047895
0 Police Depariment � Pdice Depazmient
1 �Police Depar�ent ' Police Deoarmient
2 City Attorney Ciry Attomev '� �
3 Mayor's Otfice _ Ma�or__ _
4 Council ' Council
5 ,City G7erk _ _ _ C� Clerk _ _ _
6 �oliceDeparlment —T POIiceDepartrnent �
y �
i
Assign �
Number
For
Routing
Order i
; Tota 7i of Signature Pages J_ (Clip All 4ocations for Signature)
� Action Requested: — --'
� Signatures on the attached council resolution au[horizing the City of Saint Paul, Po]ice Department, to enter into the attached �
I agreement with the Minnesota DeparUnent of Public Safery. i
iaanons: Hpprove (q) or f
Planning Commission
CIB Committee
Civil Service Commission
7. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill �ot normally possessetl by any
cunent city employee?
Yes No
6cpfain all yes answers on separate sheet and attach to green sheet
r --.—_ .— ---
� Initiating Pro151em, IssueS, OpportunRy (Who, What, When, Where, Why): �'�,
I The CiCy of Saint Paul, Police Departznent, has received a NighC Cap�Grant from the Minnesofa Departrnent of Public Safety for the
i period of Januazy 1, 2008 through September 30, 2008. AuthorizaGOn is needed to enter into the attached agreement. �
: Advantages If Approved:
�, The Night Cap grant provides funding for traffice enforcement tazgeting impaired driving due to alcohol.
Disadvantages If Approved:
None.
��,s� {' � L�dr�
DisadvanW ges If Not Approved:
Inability to use grant funds available for saturation of impaired driving due to alcohol.
ro�ai iamoum ot
Trensaction: $�,480.00
Funuiny so�rce: State of Minnesota
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number: 34146
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December 28, 2007 4:06 PM Page 1
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STATE OF NIINNESOTA
cxarrr co�cT bg �7 �
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, State Patrol
Division. 444 Cedaz Street Suite 130 St. Paul. MN 55101-5130 ("State") and the Citv of Saint Paul. Police Denartment,
367 Grove Sh�eet. Saint Paul, MN 55101 ("Crrantee").
Recitals
1 Under Minn. Stat. § 299AA1, Subd 2(4) the State is empowered to enter into this grant conh�act.
2 Federal funds for this grant conlract are provided from U.S. Deparhnent of Transportation'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 informarion activiries.
4 T'he Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the
satisfaction of the State.
1 Term of Grant Contract
Grant Contract
11 Effective date: 7an ,uar ��1, 2008, or the date the State obtains all required signatures under Miimesota Statutes
Section 16C.05, subdivision 2, whichever is later. Once this grant conh 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.
1.2 Expiratinn date: Seutember 30, 2008, or until all obiigations have been sarisfactorily fulfilled, whichever occurs
first.
1,3 Survival ofTerms. The following clauses survive the expirafion or cancellation ofthis grant contract: 8. Liability;
9. State Audits; 10. Govemment Data Pracrices; 12. Publicity and Endorsement; 13. Governing 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 NightCAF Cmant Frogram Duties, Exhibit A, which is attached and
incorponted into this grant contract.
Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circulu
A-133. Federal Audit Requirements is attached and incoxporated and made part of this grant contract. See E�ibit B.
3 Time
The Grantee must comply with all the time requirements described in this gant contract. In the performance 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 Grantee under this grant contract as follows:
(1) Compensation. The Cmentee will be reimbursed an amount not to exceed $7.480.00 for officer overtime rates,
including fringe benefits, incurred in providing services pursuant to Clause 2 of this grant contract. 7nvoices
for reimbursement must be submitted using the Operation NightCAP Invoice which is attached and
incorporated into this gant 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
Crrantee as a result of this grant conhact will be paid in the same manner and in no greater amount than
provided in the current "Commissioner's Plan" promulgated by the cominissioner of Employee Relafions
which is incoroorated 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 travel. Minnesota will be considered the home state for determining whether travel is out of state.
MSP (I1/06)
y No reimbursement shall be made for salarv costs incuned in havelin¢ to and from sahiration events. �� �� �
(3) Matching Requzrements. (If Applicable.) Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: $0,000.0�.
(4) Total ObZigation. The total obligation of the State for all compensation and reimbursements to the Crrantee
under this grant contract v✓iIl not e�cceed $7 480.00.
42 Payment
(1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices
must be submitted rimely and according to the following schedule:
Itemized invoices will be submitted within 30 days after each saturarion event to the State's Authorized
Representarive.
Final invoice nertainine to the first state fiscal veaz of this grant coniract must be received bv July 31 2008.
Reimbursements from the second state fiscal veaz may commence on or a$er Julv 1. 2008. The fina] invoice
pertainina to the second state fiscal vear of this erant contract must be received bv October 31 2008
Exvendihues for each state fiscal vear of this erant contract must be for services berformed within anrolicable
state fiscal years. Every state fiscalyear begins on Julv 1 and ends on June 30.
{2) Federal fttnds. (Where applicable, if blank this secrion does not apply) Payments under this grant contract
will be made from federal funds obtained by the State through Title 23 CFDA number 20.608 of the State
and Community Highway Safety Act of 1966. The Crrantee is responsible for compliance with all federal
requirements imposed on these funds and accepts full financial responsibility for any requixements imposed by
the Grantee's failure to comply with federal requirements.
5 Conditions of Payment
All services provided by the Crrantee under this grant contract must be performed to the State's sarisfaction, as
determined at the sole discrefion 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 5tate to be unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Lt. Bruce Srvnell. 3489 Hadlev Avenue North, Oakdale MN SS 128
(651 779-5913.or his/her successor, and has the responsibility to monitor the Grantee's perfonnance and the
authority to accept the services provided under this o ant contract. If the services are satisfactory, the State's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Crrantee's Authorized Representative is Senior Commander Greeor�Pye, 367 Crrove Street, Saint Paul MN
55101, (6 5 112 6 6-5 999. If the C,rantee's Authorized Representative changes at any time during this grant contract,
the Crrantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contraet Complete ,
7. lAssignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract
__ ____ without the prior consent of the $tate and a fully_execut� AssignmentAgreement, executed.and agprnvEd_b� —_. __..-
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 wriring and will not be effective until it has �
been executed and approved by the same parties who executed and approved the original grant contract, or �
their successors in office.
I
73 Waiver. If the State faiis to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4Grant Contract Cornplete. This grant conh�act contains all negotiations and agreements between the State and
MSP (11/Q6)
the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to
bind either party.
Og'� �
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claixns or
causes of acrion, inciuding attomey's fees incurred by the State, arising from the performance of this grant contract
by the C'zrautee or the Crrantee's agents or employees. This 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 con�act.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
pracrices relevant to this grant contract are subject to examination by the State and/or the State Auditor or
Legislative 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 wmply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this grant conhact, 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 Crrantee must immediately notify
the State. The State will give the Grantee instrucfions conceming the release of the data to the requesfing parry
before the data is released.
11 Workers' Compensation
The Gcantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grautee'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 aze in no
way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publiciry. 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
Representarive. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similaz public norices prepared by or for the Grantee individually or
jointly with others, or any subconiractors, with respect to the program, publications, or services provided
resulring from this grant contract.
12.2 Endnrsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdietion, and Venue
Minnesota law, without regard to its choice-of-law provisions, govems this grant contract. Venue for all legal
proceedings out of this gant contract, or its breach, must be in the appropriate state or federal court with competent
}urisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the Stat� The State ma�cancel thi�t cop�act at any time,_with or without cause, upo.n ___, _
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30 days' written notice to the Grantee. Upon terminarion, the Grantee will be entitled to payment,
detemrined on a pro rata basis, for services satisfactorily performed.
14.2 Terminatinn for Insufficient Funding. The State may immediately temunate this grant contract if it does
not obta,in 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 fas notice to the Grantee. The State is not obligated to pay for any services that aze provided after '
notice and effective date of terminafion. However, the Grantee wili be enfitled to payment, defermined on a
MSP Q1/06)
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 tenninated because of the decision of the Mivnesota
Legislature, or other funding source, not to appropriate funds. The State must provide the C3rantee notice of
the lack of funding within a reasonable rime of the State receiving that notice. � �� �
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15 Data Disclosnre
Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tax idenYificarion number, and/or Minnesota taac identification number, akeady provided
to the State, to federal and state taY agencies and state personnel involved in the payment of state obligations.
These idenfification numbers may be used in the enforcement of federal and state taac laws which could result in
acrion requiring the Grantee to file state ta�c retums and pay delinquent state taac liabiliries, if any, or pay other state
liabiliries.
1. ENCUMBRANCE VERIFICA
/ndivrdu¢! cutifies that funds ha�e
required byMinn. Smt. §§ ]6A.15
Signed: �
Date:
Grant Contract No.
2. GRANTEE
The Grantee cert fes that the appro
have uecufed the grant contr¢ct an
requrred by applicable anicles, bylc
By.
Title: Chief of Po ce
Date:
By:
Title: City
Date:
By:
Title: Di
Date:
Grantee ps
as. or ordinances.
3. �
By:
Titli
Dati
Distribution:
DPS/FAS
Grantee
Shate's Authorized Representafive
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NightCAP Grant Pro¢ram Grantee's Duties
Exhibit A
Page 1 of 1
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1 Coordinate alcohol saturations with the State's district authorized representative for
saturation events to be held between Januarv i, 2008 and Sentember 30, 2008, providing up
to one hundred thirtv six hours of enforcement.
2 All law enforcement officers participating in this program must be Peace Officers
Standards and Traiiring Board (POST} licensed as provided by Minnesota law.
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 Al11aw enfarcement officers participating in this program should aggressively enforce
traffic laws with an emphasis on impaired driving.
5 Grantee wi11 provide a list of eligible law enforcement officers who may participate in
ttris program with their overtime rate of pay, including fringe benefits, on "Personnel
Roster". Reimbursement will be made only for hours that officers work on a day off or on a
shift extension.
6 Grantee will review Officer Activity Reports and Activity Logs (samples attached) to
verify work eff ciency by those officers worlflng the saturations; officers unwilling or unable
to diligently pursue impaired 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 saturation event
including, but not limited to, Officer Activity Reports and Invoices to the State's district
authorized representative within seven (7) working days foilowing 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 lunited to, maintenance and
repairs of squad cars used in performance of this grant agreement and shail 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.
�1 State's dist�ict aut�iorized-representaEive-'xsL�-Breiee Brynei�3489 Avextu�Idvrtlr,— —
Oakdale, MN 55128, (651) 779-5913.
Exhibit B, page 1 of 2
FEDERAt AUDIT REQUIREMENTS D /� ��(,�
b
i. For subrecipients that are sfate or local qovernments. non-profit orqanizations or Indian tribes
If the grantee expends totai federat assistance of $50Q,000 or more per year, the granfee agrees fo
obtain either a single audit or a program-spec�c audit made for the fiscal year in accordance wifh the
terms of fhe Single Audit Act AmendmenYs 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 federai
cogri¢ant agency sqall permit biennial audifs,.covedng-bnth years,+f the govemmer�t so requests. It shall
--- , aiso hor�or req�es#s for biennial audits by govemrrienfs that have an administrative policy calling for
audits iess frequent than annual, but only audits prior to 1987 or administraEive policies in placs prior to
January 1, 1987.
For sutirecioienfs that are institu6ons of hiqher education or hosoitals
If fhe grantee expends total direct and indirect federal assistance of $500,000 oG more per j+ear, the
grantee agrees to obtain afinancial and compiiance audit made in accordance �ith OMB CircularA 190
°Requiremenfs for Grants and Agreements with Universities, Hospitais and Other Nonprofit
Organizations" as applicable. The audit shali cover either the entire organization or ali fsderal funds of
ihe organizafion.
The audit must determine whether the subrecipient spent federai 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 pubtic accountant who meets the independence standards specified in the
General Accounting O�ce's �Standards for Audit of Governmental Organizations, Programs, Activities,
and Functions."
3. The audit report shall state that the audit was pertormed in accordance with the provisions of OMB
CircularA-13-3 (orA-110 as applicable).
The reporting requireme�ts for audit reports shall be in accordance with the American Institufe of
Cettified Public Accounts' (AICPA) audif guide "Audits of State and Locai Govemmental Units,° issued in
1986.. 7he federal government has approved 4he use of the audit guide.
in addition to the audit reporf; the recipientshall provide comcnents on the findings and recommendations
in the report, including a plan for corrective action taken or pfanned and comments on fhe status of
corrective action taken on prior findings. If corrective action is not necessary, a statemertt describing fhe.
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
__ audit_or designated_ by the gran#or _sh_all haye such access to granfee's records and fnancial 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 fhe Single
Audit Acf and OMB Circular A-133.
(toios�
Exhibit B, page 2 of 2
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6. The Sfatement of Expenditures form can be used for the scheduie of federal assistance.
7. The grantee agrees to retain documenfation to support the schedule of federal assistance for at least four
years. .
- 8. Reauired audif reports must be filed wifh the Sfafe Audifor's Office. Single Audit Division, and
with federal and state apencies providinafederal assistance, and the DeRartmenE of Pu6(ic Safety
within nine inonY�s af the qranfee's fiscal vear end.
OMB Circularq_133 requires recipienf$ of more than $500,000 in federai funds to submit one copyof the
audit report within 30 days after issuance to fhe centrai ciearinghouse af the following address:
Bureau of the Census
Data Preparafion Oivision
1201 East 10th 8treet _ _
Jeffersonville, indiana 47132
Arin: Single Audit Clearinghouse
The Departmenk of Public Safety`s audit report shouid be addressed to:
Minnesota Department of Public Safety
O�ce of Fiscal and AdministFative Services
444 Cedar Street
Suite 126, Town Square
St. Paui, MN 55101-5126
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