09-1317Council File # O9�
Green Sheet #3086257
RESOLUTION
CITY QF SAI�I,T_PAUL, MINNESOTA �o
Presented by
WHEREAS, the City of Saint Paul wishes to enter into the attached grant ageement with the Minnesota
Deparhnent of Public Safety, Minnesota State Patrol, which has an indemnification clause for the project
entitled Safe and Sober Pilot County Enforcement Program for the period October 1, 2009 through
September 30, 2010; and
6 WHEREAS, the City of Saint Paul Police DepartmenYs Chief, John Harrington is hereby authorized to
7 execute such agreement and amendment(s) as are necessary to implement the project on behalf of the Saint
8 Paul Police Department; and
4
10 WHEREAS, that the Ramsey County Sheriffls Depariment is hereby authorized to be the fiscal agent and
11 administer the grant on behalf of the Saint Paul Police Department; and
12
13 NOW, THEREFORE BE IT RESOLVED, that the City of Saint Paul City Council approves Execution of
14 the attached agreement between the Saint Paul Police Department and the Minnesota Deparhnent of Public
15 Safety, Office of Traffic 5afety.
Bostrom
Carter �
Harris i
�
Thune
of:
N I '/ I (J I U E By: /V /`
Adopted by Council: Date � Approved y a or€ r Submission to
Adoption Certified by Co il Secretary By:
B Y� ____l�/��iirn� � S
Approved b a Date , y'
By:
� Green Sheet Green Sheet Green Sfieet Gseen Sheet Green Sheet Green Sheet �
� DepartmentlOfficelCouncil: �� Date Initiated: �/�� � �
PD POI�ceDepartment 28o�TZOO9 Green Sheet NO: 3086257
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Gontact Person & Phone: ' , Deoartment _ SerH To Person InitiallDate
Chief John Harrinqton o PoGce nepartmeqt _ _ . _ Potice ueparnnent , _ _ _ _ _ ,
266-5588 � . 1 Police Depar[ment_ _ _ _ ' Police Department _ _ _ _
------- --------- ' Assign 2 C�ty_Attorney_ _ CiryAttorney __ _'
� Must Be on Council Agenda by (Datej: � Num6er -- - - - - � - - - , - � �
'�� '� For I 3 F�oancia)Services Director,F50 __
�-- ---- - . ------- -- - -- - - �, Routing '' 4 iNayor's Office ' Mayor _ ,
___ __ __ _ _ _ _ _ '__ _ _
' RESOLUTION Order 5 Gouncil .__ _ _ Councii _ _. _
___ __ __-__
Doc. Type: - - _ _ - - _ ,, ,
i �I �, 6 �City_Clerk _ _ _ _ _ __ _ _ _ _ City Clerk __' __ __ __ __ _
—____-_ , ___ _:______ '_ _-____'
' E-DOCUment Required: Y � ; 7 Potice Department _ Police Departmeut ; __ _ �
� Documeat Contact: Evette Scarver � , '
i
�' Contact Phone: 266-554'I ' �
� -- - - - - ----- '
- -- -- ---- - --- --�----�- --- -- -- _�
j Total # of Signature Pages �(Clip All Locations for Signature)
___ - ___— ___ ___ _. _ ____ -_ _- -_______— ___-___--
I ACtion Requested: I
�I Signatuces on the attached council resolution authorizing the Ciry of Saint Paul, Police Departrnent to entec into the attached grant I
�� agreement with the Minnesota Department of Public Safety, Minnesota State Patrol.
� Recommendations: Approve (A) or Reject (R):
�' Planning Commission
CIB Committee
: Civil Service Commission
-- --�- --- -- ----
Personal Service Contrects Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this departmenl?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
I 3. Does this person/firm possess a skill not normally possessed by any
� �i current city empioyee?
; Yes No
�
� I Explain all yes answere on separate sheet and attach to green sheet.
il � ___ __- _ -__ -___-___ __ __ _ ____-___-____--__
j Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why�:
The Ciry of Saint Paul, Police Department has authorization to receive a Safe & Sober gnnt &om the Minnesota Deparhnent of Public
I Safety. A council resolution is needed to authorize participation in the grant.
�-_ ----- -- -- - � ----------� --- � - -- -------- -_ . . . ._ _
�I Advantages If Approved:
The Safe & Sober grant provides funding to increase compliance with traffic safety laws by enhance enforcement of tr�c laws
'� wupled with education and media relations. �
i
��� - ---- - - -- -----_----- - - -- -- - - - - --- ---- ---- - ----------
� Disadvantages if Approved:
' None.
I ������
- - -- � --
I Disadvantages If Not Approvetl: p ��V � �`
��� Loss of funds to increase compliance with traffic safery laws. �� �Q��
���� �-� _
�--- -�- - ----- - --- -- � --- --- ----
._--------- -- - � ----- ��
Total Amount of
�� Transaction: . $1,000.00 CostlRevenueBudgeted:
�� Funding Source: 34147 act�vity Numner. State of Minnesota
- Financiallnformation:
I (Explain)
I _-- __-. _. _ _ ____.
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_ _'
October 28, 2009 10:18 AM Page 1
STATE OF MINNESOTA
GRANT CONTRACT QG�� � �J I �
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. State Pah
Division. 444 Cedaz Sheet Suite 130, St. Paul. MN 55101-5130 ("State") and the Citv of St. Paul. Police Department, 3b7
Grove Street St. 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 contract aze provided from U.S. Department of Transportation's State and Community
Highway Safety Program, Catalog of Federal Domesfic Assistance (CFDA} Namber 20.600.
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 all seroices described in this grant contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: October 1, 2009, 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 reimbucsement 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 Expiration date: Seutember 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
13 Surviva[ of Terms. The following clauses survive the expiration or cancellation of this grant conhact: 8. Liability;
9. State Audits; 10. Govemment Data Practices; 12. PubliciTy 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.
Crrantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular
A-133. Federal Audit Requirements is attached and incorporated and made part of this grant contract. See Exhibit B.
3 Time
The C�rantee 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 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed 1 000.00 for officer overtime rates,
including fringe benefits, incuned 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) Trave[ Expenses. 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 greater amount than
provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations
which is incorporated into this erant contract.bv reference. The Grantee wil] not be reimbursed for travel and
subsistence expenses incuned 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.
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No reimbursement shall be made for salarv costs incurred in travelin� to and from saturation even*s.
/, � -131�
(3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirem�ent, for the
grant contract, will be met by the Cuantee: $.00.
(4) Total Obligation. The total obligation of the State for alt compensation and reimbursements to the Gxantee
under this grant contract will not exceed $1.000.00.
4.2 Payment
(1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
seroices 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 oertaininQ to the first state fiscal veaz of this grant contract must be received bv Julv 31, 2010.
Reimbursements from the second state fiscal vear mav commence on or after Julv l, 2010. The final invoice
pertainin� to the second state fiscal veaz of this �rant contract must be received bv October 31, 2010.
Exnenditures for each state fiscal year of this erant contract must be for services aerformed within applicable
state fiscal veazs. Everv state fiscal veaz beeins on Jul�l 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 Title 23 CFDA number 20.600 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 fmancial responsibility for any requirements imposed by
the Grantee's failure to comply with federal requirements.
5 Condifions of Payment
Ail 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 Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment far work
found by the State to be unsatisfactory or performed in violation of fedezal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Lt. Paul Van Voorhis. 2005 North Lilac Drive, Golden Vallev, MN
55422, or hislher 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
RepresenYative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is Set. Stuart Burke. 367 Grove Street. St. Paul, MN 55101, (6511266-
5582. If the Grantee's Authorized Representative changes at any time during this grant contract, 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 their successors in o�ce.
7.2Amendments. Any aznendment to this grant contract must be in writing and wiil 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.
7.3 Waiver. If the State fai(s to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4Grant Conbact Complete. This grant conh�act contains all negotiations and agreements between the State and
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the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to
bind either party.
��� (���
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attomey's fees incuned 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 fulfill 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
practices relevant to this �ant contract aze subject to examination by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six yeazs from the end of this grant contract.
10 Government Data Practices
The Grantee 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 Grantee under this grant contract. The civil remedies of
Minn. Stat. § 13.08 apply to the release of the data referted 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 Crrantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's emptoyees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Warkers' Compensation 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 xesponsibility.
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 ofthis provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similaz public notices prepazed by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
�esulting 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 regazd to its choice-of-law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon
30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment,
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 suf#'icient to aklow 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 are provided after
notice and effective date of terminafion. However, the Grantee will be entitled to payment, determined on a
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pro rata basis, for services satisfactorily performed to the extent that funds aze available. The State will not
be assessed any penalty if the gant contract is terminated because of the decision of the Minnesota
Legislature, or other funding souzce, not to appropriate funds. The State must provide the Grantee nofice of
the lack of funding within a reasonable time of the State receiving that notice. �, I � f �
l
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 identification number, and/or Minnesota tas idenrification number, already provided
to the State, to federal and state tas agencies and state personnel involved in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state taY laws which could result in
action requiring the Grantee to file state taY retums and pay delinquent state tas liabilities, if any, or pay other state
liabilities.
ENCUMBRANCE VERI
Indrvidual cert�es thai have been
required by M+nn Stat. §§ 16A.15 and .
Signed:
Date:
GrantConUactNo.
2. GRANTEE
The Granfee rert:fies IhaE ihe app>opnaie pers (s)
have execufed the grant contrnc[ on behalf of l e Graniee as
required by applicable articles, by�-re.�rolaNa�a, or ordinmices.
B
Title: Chief
Date:
By:
Title:
Date:
�1
3. STATE AGENCY
By:
(with delegated auth�ority)
Title.
i
I�ate:
�
Distribu[wn:
DPS/FAS
Grantee
State's Authorized Represenffilive
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E�ibit A
Page 1 of 1
Motorcycle Task Force Gtant Proeram Grantee's Duties O � I 2 ��
,�
1 Coordinate alcohol samrations with the State's district authorized representative for saturation
events to be held between October 1, 2009 and September 30, 2010, providing up to ei teen hours of
enforcement.
2 All law enforcement officers participaYing in this program must be Peace Officers
Standazds and Training Boazd (POST) licensed as provided by Minnesota law.
3 All law enforcement officers participating in this program must be Standazdized Field
Sobriety Testing (5FST) 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 speed and seat belts.
5 Grantee will provide a list of eligible law enforcement o�cers who may participate in
this program with their overtime rate of pay, including fringe benefits, on "Personnel
Roster". Reimbursement will be made only for hours that officers 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 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 a11 required paperwork following each saturation event
including, but not limited to, Officer Activity Reports and Invoices to the State's district
authorized representaxive within seven (7) woxking 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 sahuation event.
9 Grantee shall provide for all operating costs including, but not limited to, maintenance
and repairs of squad cars used in perforniauce 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 Voorhis, 2005 North Lilac Drive,
Golden Valley, MN 55422, (763) 591-4698.
Exhibit B, page 1 of 2
"FEDERA� AUDiT REQUIREMENTS �i� � I �
1. For subrecioients that are state or local qovemmerrts, non-profit orqanizations or Indian tri6es
If the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to
obfain either a single audit or a program-specific audit made for the fiscal year in accordance with tf�e
terms of the Singte Audit Act Amendments of '1996.
Audits shall be made annually unless the state or local govemment has, by January 1, 1987, a
constitutional or statutory requirement for less frequent audits. �or those governments, the federal
cognizarrt agency shall permit biennial audits, covering both years, ifthe govemmentso requests. Itshall
also honor requests foc biennial audits by govemments that have an administrative policy calting fo�
audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to
January 1, 1987.
For subreciqients that are institutions of hiqher education or hospitals
If the grantee expends total direct and indieect federal assistance of $500,000 or more per year, the
grantee agrees to obtain a financial and compliance audit made in accordance with OMB CircularA-110
"Requirements for Grants and Agreements wifh Universities, Hospitais and Other No�profit
Organizations" as applicable. The auditshall cover either the entire organization or aIl federai 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 auditoc An independent auditor is a state or local
government auditor or a public accountant who meets the independence standards specified in the
General Accounting Offce's "Sta�dards forAudit 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-1'10 as applicable).
The reporting requirements for audit reports shall be in accordance with the American tnstltute of
Certified Public Accounts' (AICPA) audit guide, "Audits o# State and Local Governmental Units," issued in
� 986. The federa4 government, has approved tfie use of the audit guide.
!n addition to the aud+t 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
correchve action taken on prior findings. tf 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 necessary for the grantorto comply with the Single AuditActAmendments of 1996 and OMB
Circular A-133.
5. Grantees of federal financial assistance from subrecipients are atso required to compiy with the Single
Audit Act and OMB Circular A-133.
poios)