Loading...
09-1168Council File # - �(y Green Sheet #3077376 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Presented by RESOLUTION " CITY OF SAINT�AUL, MINNESOTA �l� WHEREAS, the city council authorized the City of Saint Paul, Police Department, to enter into the attached agzeement on May 27, 2009 (council file #09-570) with the State of Minnesota Department of Public Safety; and WHEREAS, this grant provides funding to increase compliance with traffic safety laws with an emphasis on impaired driving; and WHEREAS, a 2009 financing and spending plan needs to be established for these funds; and WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $8,140 in excess of those estimated in the 2009 budget; and WHEREAS, the Mayor recommends that the following addition be made to the 2009 budget: Current Changes Amended Budget Budget 0436-Police Special Projects Fund FINANCING PLAN 34237-Metro Motor Task Force 3199-Other Federal Direct Grants-State Admin Total Changes to Financing SPENDING PLAN 34237-Metro Motor Task Force 0141-Overtime 0439-Fringe Benefits 0449-Workers Comp Total Changes to Spending 0 8,140 8,140 0 8,140 8,140 0 6,898 6,898 sss sss 2�s 2�s 8,140 8,140 THEREFORE BE IT RESOLVED, that the Saint Paul City Council approves these changes to the 2009 budget. by D ,� Stark Thune � ✓ � I ft I I/ I d' q g L � Adopted by Council: Date �d`.����� Approved y Mayor for Submission to Council Adoption Certified by Co cil Secretary By: �,/ �Q�ti..�•� By. J Approv ay : Date �� Z-� �� By: �iV�_- �� `-fj -� `-' Cs'� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �, DepartmeMlpfficelCOUnci1: � ; �Date Initiated: , 01-(I6g �, Pp Police Department ; 25-qUG-09 ; Green Sheet NO: 3077376 '--- ---. . --...__ .--- -- ; _------ � ContactPerson&Phone: Deoartrnent � SeMTo�Person InRiallDate , ; Chief John Hartinqton � ' 0 �oLce Depnrtment Pol�ce Depariment � �� -- � - � 266-5588 . ; 1 ��oliceDepartnent _ _ __ ___,___POliceDe�artment _ ; '� - - - � A55ign 2 CLLyAttomey --- - i_ C�tyAttome� � -- --� � � Must Be on CounCii Agendaby (Date): ' Number 3'Financial Sernces D�recfor, FSO ' `��] �7 � For ',, _ _ .. ___ -' . _- ' �._��.:-Z1=U-l--\ � _ -- � —_ . _ _ , , , Routing ' 4 �peliee8epwment __ : �uLee�Bepartment ' PUBLIC HFARING '� Order � — ___ : Doc. Type: - - - -- -- - --- - - --- � �' ��rY�', n �. ' (RESOLUTfON) , ? �� �J � /]/�.// , E-DOCUment Required: Y i �.t.�`�f (iea�t�`�� �,, DocumentCOnWCt: EvetteScarver � O � . Contad Phone: 26&5541 I � i� I Total # of Signature Pages �(Clip All Lo�ations for Si� � _ ___ _ _ _ . _ _ _ _-_. _ ___ gnature) `--- -- �� - -- -- - -- � -- ------ - ------- - � ----- �------ - -- -- ---- - � --- � Action Requested: Signatures on the attached council resolution establishing a fmancing and spending plan for the Meho Motor Task Force grant 'i agreement. ; Recommendations: Approve (A) or Reject (R): I Personal Service Contracts Must Answer the Following Questions: '' Planning COmmission t. Has this person/frm ever worked under a rqntract for this department? , CIB Commitfee I Yes No Civil Service Commission , 2. Has this persoNfirm ever been a city employee? i Yes No , 3. Dces this person/Tirm possess a sMll not normally possessed by any ' curtent city employee? Yes No �� Explain all yes answers on separate sheet and attach to green sheet. �___ _ . _ __ _ ___ .. _ . _ _ __ __ - __ _ _ - ____— ____. _- I initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): I The State of Mirmesota is in need of a coordinated impaired motorcycle driving enforcement saturarions an.d public information i activities. The council authorized the City of Saint Paul to entet into the attached agreement on May 27, 2009 (see attached). A �' spending and fmancing plan needs to be established. I - - - - � - -- - - - - - - - --- - - ' Advantages If Approved: I Opportunity to use grant funds for their purpose. i � DisadvantagesHApproved: None. Disadvantages if Not Approved: Lost opportunity to use grant funds. �_ _ --- ...--- - - - i Total Amount of I � -� � � Trensaction: �� FundingSource: �,2,j_ f71lJ i Financiallnformation: �� (Explain) August 25, 2009 12:49 PM - - = i � - - -- � � ---- --- --- ---- -- -• i �������� i -_ _ _ _ - _ _ _-___- _ __ __- ____ . _ � SEP � � 20�9 �i ��TYATTORN � I i CostlRevenue Budgeted: ��� � / Adivity Number. � l/ � � (�� � / Page 1 � City of Saint Paul Interdepartmental Memorandum To: From: Subject: Aate: Mazgazet Kelly, Finance Director Chris Eitemiller, Sr. Budget Analyst � �%1-11 C�g Police Budget Amendment to establish financing & spending plan for Impaired Motorcycle driving enforcement grant September 29, 2009 The attached resolution establishes a financing and spending plan for a federal law enforcement grant. The grant is with the Department of Transportation via the MN Department of Public Safety. The grant provides funding for enforcement and public information activities against impaired motorcycle driving in the amount of $8,140 and would pay for overtime costs for officers working in this azea. The department received the appropriate authority to enter into this agreement from the Council on 5/27/09 (Council File #09-570). Because this will amend the Police budget, this will require a public hearing. It will be on the Council's agenda October 7` as the first and third meetings each month are the opportunities for budget amendments. This proposal seems reasonable, I recommend signing. AA-ADA-EEO Employer Tmagel Page 2 of 18 �1-Il�g �cd���n��# og-$ d Green Sheet # 306949& ��Q��d� CtTY QF 1 2 3 4 � 6 ? $ 9 � MINNESOTA d _.,. --- _ � w���tEAS, the city oesa;ae Paut. reuce n�psrt�en:, wishes to enter inco che at�chea g�c �esu wish �s : �#ianrnreol�, cvhicb it�lad�s an iademciifica�on clause, to gartioipate'za tl�?4fetro tv3asorT�kforce eveaks £nam IV�s: tbiouB,� Sc}+tearbr.r 3�, z009; a� V✓���l45.1It19 $f8!]f QTqk1C3CB �t1[il�l4g f0 371CPE8$B COtt!}tI281tCC Wtt�1 tl'8E�'iC ffiS{C�j' I8't�$ LVttlt ALE tfR�.t�tHS73 t71t 12It�301 and BE IT ItF..�ULVEf7, that the SaicEt Paul C�3' Caxmc� a�sts thia grarn anc! �utiwcizes Ghief lohn Haaringwn to �m �,Ta9flG %f �C�SSEt�. � ����� ' , w'"" ' .��i/��� ��ldVCfl �}� E � . 216§F'��.-���� .���. t �,5..� �� � � A[lty[fiP.C� �3V C.YAfrittif' 1SRt3t �1.'.Z�{�/.k� An.twexxwltAv "'G�t 4�Is�iaaiwn tn ('nstr�z https://web l .ci.stpaul.mn.us/gw/webacc/kjbmzcUlOto9klfOu8/GWAP/AREF/1 ?acfion=Atta... 6/4/2009 STATE OF MINNESOTA GRANT CONTRACT �� � � �� This grant contract is between the Sffite of Minnesota, acting through its Commissioner of Public SafeN. State Patrol Division, 444 Cedaz Street Suite 130 St Paul MN 55101-5130 ("State") and the City of St. Paul. Police Depaciment. 367 Grove Sheet, St. Paul. MN 55101. ("Grantee"). Recitals I Under Minn. Stat. § 299AA1, 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 Domestic Assistance (CFDA) Number 20.600 and 20.601. 3 The State is in need of coordinated impaired motorcycle driving enforcement saturations and public information activities. 4 The Grantee represents that it is duly qualified and agrees to perform ail services described in this grant contract to the satisfaction ofthe State. Grant Contract 1 Term of Grant Contract 1.1 Efjective date: Mav 1. 2009, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is latez. Once this grant contract is ful(y executed, the Grantee 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 gant contract. 1.2 Expirafton date: S�e tember 30, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms, The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices; 12. Rublicity and Endorsement; 13. Governing Law, Jurisdiction, 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 High VisibiliTy Motorcycle Grant Program Duties, Exhibit 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 incorporated and made part of this grant contract. See Exhibit B. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. Consideration and Payment 4.1 Cansideration. The State will pay for all services performed by the Grantee under this gant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed 8 140.00 for 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 Operation High VisibiliTy Motorcycle Invoice. All invoices for reimbursement must be supported by written documentation. (2) Travel E.�enses. Reimbursement for travel and subsistence expenses actually and necessazily incurred by the Grantee as a result of this grant contract will be paid in the same manner and in no geater amount than provided in the cunent "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this erant contract bv reference. The Grantee will not be reimbursed for travet 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) _ ._ ..,...._...�_..._... �.._. .,_ .....__ ..,. �...w . _.,�w ....,..---- --. ..... -----_ �_ _._ ------ -_--------- - � ---- �J -1 � ��' (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Cnantee: $.00. (4) Total Obligadon. The total obligation of the State for all compensation and reimbwsements to the Grantee under this grant contract will not exceed $8.140.00. 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presenu 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 pertainin¢ to the fust state fiscal vear of this erant contract must be received bv Julv 31, 2009. Reimbursements from the second state fiscal veaz mav commence on or after Julv 1, 2009. The final invoice pertainine to the second state fiscal vear of this �ant contract must be received bv October 31, 2009. Exnenditures for each state fiscal veaz of this erant contract must be for services performed within applicable state fiscal veazs. Everv state fiscal year be�ins on July 1 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 through Titte 23 CFDA number 20.600 and 20.601 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. Conditions of Payment All services provided by the Grantee under this grant confract must be performed to the State's satisfaction, as determined 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 3oca1 law. 6 Authorized Representative The State's Authorized Representative is Lt. Paul Van Voorhis, 2005 North Lilac Drive. Golden Valley MN 55422, 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 aze satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is SQt. Stuart Burke, 367 Grove Street St. Paul, MN 55101, (651 266- 5582. If the Grantee'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.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 theix successors in office. 7.2Amendments. Any amendment to this grant contract must be in writing 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. 73 Waiver. If the State fails to enforce any provision of this grant contract, that failure dces not waive the provision or its right to enforce it. 7.4Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and MSP (11106) the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either party. 8 Liability �' 1 � �� The Grantee must indemnify, save, and hold the State, its agents, and employees hazmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee'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 fulfall its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and prnctices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minunum of six years from the end of this grant contract. 10 Government Data PracHces The Grantee and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it app]ies 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 Grantee instructions concerning the release of the data to the requesting party 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' Compensation Act on behalf of these employees and any c]aims made by any third party as a consequence of any act or omission on the part of these employees aze in no way the State's obligation or responsibitity. 12 Publicity and Endorsement 12.1 Pu6licity. Any publicity regazding the subject matter of this grant conhact 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, informational pamphlets, press releases, reseazch, reports, signs, and similar pubiic notices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, 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, Jurisdicfion, and Veaue Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant conhact, 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 confract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined 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 does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered heze. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a MSP (11/06) 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 the lack of funding within a reasonable time of the State receiving that notice. b�-� � �8 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tas ident�cation number, and/or Minnesota tax identification 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 tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION Indrvidual cert f es that funds have been encumbered as required by M:nn. Stat. §§ 16A.15 and 16C.05. Signed: Date: Grant Convact No. 50000005937 2. GRANTEE The Grantee cerl fes that lhe approprmte person(sJ have executed [he grant contract on behaljof the Granfee qs regwred by appbcable artic/es, byiaws, resoiutions, or ordmnnces. By: Titie: Chief of Police Date: 3. STATE AGENCY By: (with delegated authoriry) Title: Date: � Title: _ City Attorney Date: By: Title: Director, FSO Date: Distribution: APS/FAS Grantee State's Authorized Representative MSP Qlla6) Exhibit A Page 1 of 1 Metro Motor Taskforce Crrant Program Grantee's Duties �� f / /-� � (.E� 1 Coordinate alcohol saturations with the State's district authorized representarive for saturation events to be held between Mav 1. 2009 and Sep,tember 30, 2009, providing up to one hundred fortv ei t hours of enforcement. 2 All law enforcement officers participating in this program must be Peace Officers Standards and Training Boazd (POS"1� licensed as provided by Minnesota law. 3 All law enforcement officers participating in this prog�am 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 driving. 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 houts 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 vezify work efficiency by those officers working 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 fimited to, Officer Activity Reports and Invoices to the State's district authorized representative 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 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 of the State or Federal government. 11 State's district authorized representative is Lt. Paul Van Vooxhis, 2005 North Lilac Drive, Golden Valley, MN 55422 (763)591-4698.