09-570Council File # 09-570
Green Sheet #3069998
CITY OF
Presented by
RESOLUTION
MINNESOTA
�a
WHEREAS, the City of Saint Paul, Police Department, wishes to enter into the attached grant agreement with the Srate of
Minnesota, which includes an lndemnification dause, to participate in the Metro Motor Taskforce events from May 1, 2009
through September 30, 2009; and
1
2
3
4
5
6
7
8
9
WHEREAS, this gant provides funding to increase compliance with traffic safery laws with an emphasis on impaired driving;
and
BE TT RESOLVED, that the Saint Paul City Council accepts this grant and authorizes Chief John Harrington to implement the
grant, if accepted.
of:
Approved by Cit Attomey /
/ BY� �_��_,,'�-f'rMF92
Adopted by Council: Date S/��/�r-J Approved�by r y r�f �Submis
Adoption Certified by Co i] Secretary By: + ir'
BY� � F ��sd.-�
ArProvg���ta r�/ Date 3
�i J
s �t� ,�_- �. _
09-570
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
' DepartrnenUOfficelCOUncil: ' Date Init'rated:
' Pp_PoliceDepartment � Z�,PR-�g ; Green Sheet NO: 3069998
Cw�tact Person & Pfione:
ChiefJOhn Harrinpton
266-5588
Must Be on Council Agenda by (Date):
Doc. 7ype: RESOLUTION
EAocument Required: Y
Document CoMact: Evette Scarver
Contact Phora: 2663541
� �/
� Assign
i Number
i For
- � Routing
; Order
ToW I# of S[gnature Pages 1_ (Clip All Locations tor Signature)
Action Requested: -----�----'--�--�-
�
�
Signatures on the attached council resolurion authorizing the Caty of Saint Paul, Police Departrnent to enter into the attached Metro
Motor Taskforce grant agreement with the State of Minnesota.
Recommendations: Approve (A) or Reject (RJ:
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrxts Must Answer the Following Questions:
1. Has this personlfirm ever worked under a contract for this department?
Yes No
2. Has ihis person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normaliy possessed by any
current city employee?
Yes No
� i F�cplain all yes answers on separate sheet and attach to green sheet.
L -.�-. -__ _._- -_ -_-_-__-__ - _.-_
rinitfating Problem, Issues, Opportun(ty (Who, What, When, Where, Why):
�' The State of Minnesota is in need of coordinated impaired motorcycle driving enforcement satutations and public information
I acGvifies. Authoriza6on is needed to enter into the attached agreement.
r Advanqges If Approved: -�--�—�-��-� - —��-- — ----�---� _--�-� �� -J
�I The Meffo Motor Taskforce grant provides funding for coordinated alcohol saturations events to be held between May I, 2009 and
� September 30, 2009.
�
�- -- --- -----
I DisadvantagesifApProved:__ _--_ __ _.__--____�
I None.
I
� DisadvanWges If NotApptoved:
f Lost opportunity to use grant funds to increase compliance with traffic safety laws with emphasis on impaired driving.
i ---- -- �---- --�--------- ---------�---�
� Total Amount of $g �40.00
I Transaction: CostlRevenue Budgeted:
' g State of Minnesota ty ��CE�dJCP°Y
Fundin Source: Activi Number: V C1,d
i
Financfal information:
(Expiain)
�9�Y 0 u ��1C9
r
y � ; �. ,
April 29, 200912:47 PM Page 1
STATE OF MIlVNESOTA
GRANT CONTRACT
�s3��9��g
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety. State Patrol
Division, 444 Cedaz Street Suite 130, St. Paul, MN 55101-5130 ("State") and ffie City of St. Paul. Police Devartment 367
Grove Street St. Paul. MN 55101. ("Grantee").
Recitals
Under Minn. Stat. § 299A.01, Subd 2(41 the State is empowered to enter into this gant contract.
Federal funds for this gant contract aze provided from U.S. Departrnent of Transportation's State and CommuniTy
Highway Safety Program, Catalog of Federal Domesric Assistance (CFDA) Number 20.600 and 20.601.
The State is in need of coordinated impaired motprcycle driving enforcement saturations and public information
activities.
The Grantee represents that it is duly qualified and agees to perform all services described in this grant contract to the
satisfaction ofthe State.
Grant Contract
Term of Grant Contract
1.1 Effective date: May 1, 2009, or the date the State ohtains all required signatures mmder Minnesota Statutes Section
16C.05, subdivision 2, whichever is later. Once this grant contract is fuily executed, the Grantee may claim
reimbursement for expenditures incurred pursua�t 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: September 30, 2009, or until all obligations have been satisfactorily Fulfilled, whichever occurs
first.
13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability;
9, State Audits; 1Q. Government 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, ExhibiY A, which is
attached and incorporated into this gant contract.
Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular
A-133. Federal Audit Requixements is attached and incorporated and made part of this a ant 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 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Compensation. The Grantee wil] be reimbursed an amounf not to exceed 8 140.00 for officer overtime rates,
including fringe benefits, incurred in providing services pursuant to Clause 2 of this gant contract. Invoices
for reimbursement must be submitted using the Operarion High VisibiliTy Motorcycle Invoice. All invoices for
reimbursement must be supported by written documentation.
(2) Trave1 Expenses. Reimbursement for trave] 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 Qrant contract bv reference. The Grantee will not be reunbursed 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 (11/06)
09-570
No reimbursement shall be made for salarv costs incurred in traveling to and from saturation events.
(3) Matching.Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: $.00.
(4) Total Obligation. The total obligation of the State for all compensation and reimbursements 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 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 accordmg to the following schedule:
Itemized invoices will be submitted within 30 days after each saturation event to the State's Authorized
Representative.
Final invoice nertainine to the first state fiscal vear of this grant contract must be received bv Julv 31, 2009.
Reimbursements from the second state fiscal yeaz may commence on or after 3uly 1, 2009. The final invoice
pertaininQ to the second state fiscal vear of this Qrant contract must be received by October 31. 2009.
Expenditures for each state fiscal veaz of this erant contract must be for services Qerformed within apolicable
state fiscal yeazs. Everv state fiscal yeaz beQins on Julv 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 TiUe 23 CFDA number 20.600 and 20.601 of
the State and Community Highway Safety Act of 1466. The Grantee is responsible for compliance with all
federal requiremenYs imposed on these funds and accepts £ull financial responsibility for any requirements
imposed by the Grantee's failure to comply with federal requirements.
5 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 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 aze satisfactory, the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is Sgt. Stuart Burke, 367 Grove Street, St. Paul, MN 55101, (651) 266-
5582. If the Grantee's Authorized Representative changes at any time during this gtant contract, the Grantee must
immediately notify tbe STate.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.lAssignment The Grantee may neither assign nor transfer any rights or obligarions 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, ar their 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 cont�act, 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 negotiations and agreements between the State and
MSP (II/06)
09-570
the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to
bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees hattnless from any claims or
causes of action, including attomey's fees incurred by the State, arising from the performance of this gant contract
by the Grantee or the Grantee's agenu 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 contract.
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 aze subject to examination by the State and/or the State Auditor or
Legislafive 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 comply with the Minnesota Crovernment Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this grant wntract, 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 refened 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 Crrantee 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 wil] 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 party as a consequence of any act or omission on the part of these employees are in no
way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regazding the sub}ect matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, reseazch, 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
resulting from this grant contract.
12.2 Endarsement. 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 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 sufficient to allow for the payment of the services covered here. 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 Crrantee will be enritled to payment, determined on a
MSP (I1/O6)
09-570
pro rata basis, for services satisfactorily performed to the ea�tent that funds aze 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 nofice of
the lack of funding within a reasonable time of the State receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer taY identiflcation number, and/or Minnesota Yaz identification number, already provided
to the State, to federal and state tax 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
iiabilities.
1. ENCUMBRANCE VERIFICATION
Indrvidunl cer[ifies fha[ fimds h¢ve been encumbered as
�equ+red by Mmn SmG §§ 16A I S artd 16C.05
Signed: �
Date: /
Grant Cootract No. SOOOQ005 �7 �
2. CRANTEE / ., �
The Granfee cert f es thqt the appropnate person(s)
have z�ecuted !he grani comract on behaljof the G�
regurred by appl�cable anc�les, bylaws, resa! ons,
By: r F �
Title: Chief of Po
Date:
By: �
[ r~
T�tle: Citv At�orneyr' �
�
Date:
By:
Title: Director, FSO
Date:
3. STATE AGENCY
By:
Trtli
Dat�
Distribuhon;
DPS/FAS
Grnntee
Slate's Authonzed Representatrve
MSP Q1/06)
09-570
E�ibit A
Page 1 of 1
Metro Motor Tasl�orce Crrant Pro�am Cnantee's Duties
1 Coordinate alcohol saturations with the State's district authorized representative for saturation
events to be held between May I. 2009 and Seotember 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 Boatd (POST) licensed as provided by Minnesota law.
3 All law enforcement officers participating in this program must be Standardized Fie1d
Sobriety Testing (SFST) trained. Grantee must provide proof of training for each o�cer 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 offtcers who may parCicipate in
this program with their overtime rate of pay, including fringe benefits, on "Personnei
Roster". Reimbursement will be made only for hours that officers work on a day off or on a
shift extension.
6 Cnantee will review Officer Activity Reports and Acfivity 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 wi11 work with the State's district authorized representative to replace such
officers with qualified officers.
7 Grantee will complete and submit all required paperwork fallowing each saturation event
including, but not Innited to, Officer Activity Reports and Invoices to the State's district
autharized 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.
4 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, aze
employees of the Crrantee 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 5>422 (763}591-4698.
FEDERAL AUDIT REQUiREMENTS O9-S7O
1. For subrecipients thaf are stafe or Iocai qovernments non-oroflt orqanizafions or Indian tribes
If the grantee expends total federat assistance of $50R,OOQ or more per year, the granYee agrees to
obfain either a single audit or a program-specific audit made for fhe fiscal year in accordance with the
terms of the Single.Audit �.ct Amendments of 1996. .
Audits shal( be made aflnua(ly uniess the state or local govemment has, by January t, iS87, a
cons8fufional or sfatufory requirement tor less (requent audifs. Forfhose cyovemments, the fede�a(
�9��nt agencysha(I permit tiiennia( audits covering boH� years, if fhe goveauneatsorequests. Ifsha(I
a(so-hon requests for bienoiai audits by govemrr�ents fhat.have an administrafive po(icy ca{kng for
audifs tess frequent than annual, but only audits prior to 1987 oradministrative policies in place prior to
January 1, 1987.
For sutireci�ienfs that are institutions of hiqher educaYion or hosoitals
If fhe grantee experids totai direct and indirect federal as5isfance of $500,000 or more Ret year, the
granfee agrees to obtain a financial a�d compliance auciit made in aecordaoce with OMB Circular A 110 -
`Requirements for Grants and /agreemenfs wifh Universifies, Hospitals and Other Nonprofit
Organizations" as appiicable. The audit shaU cover either the entire organization or ali fsderal funds nf
the organization.
The audit must determine whether the subrecipienf spenf federal assistance funds in accordance wifh
applicahle laws and regulations.
2. The audit shall be made by an independertt auditor. M independent auditor is "a state or local
government auditor or a pubAc accountant who meets fhe independence standards specifed in the
General Accounting Offioe's "Standards for Audit of Governmental Organizations, Programs, Activities,
and Punctions."
3. The aud'R reporf shali state fMaf the audit was performed in accordance with the provisions of�OMB
Circular A-139 (or A-110 as applicable). '
The teporting requirements for audit reports shall be in accordance with the American Institute of
Cert�ed Public Accounfs' (AICPA) audit guide, "Audifs of State and Locai Governmental Units;' Issued in
1986. 7he federal government has approved the use of the audit guide.
In addition to the audit reporf; the recipient shall provide commenfs on the findings and recommendations
in the reporf, including a plan for wrrecfive acfion taken or pianned and comments on fhe status of
corrective action taken on prior findings. If correchve 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 fo grantee's records and financial stafemenfs
as may be necessary for the grantor to comply with fhe Singie Audif Act Amendments of 1996 and OMB
Circular A-133.
5. Grantees of federal financial assistance from subrecipients are aiso required to comply with Yhe Single
Audif Act and OMB Circular A-133.
(i oios�
"..,..... , r ,. y ., � .,, �
n
6. The Stafement of Expenditures form can be used for the schedule of federal assistance.
7. The grantee agrees to retain documentafion io support ths schedule of federal assistance foraf least four
years.
8. Required audit renarfs tiwsf be.ftled wifh fhe Sfafe Audifor's 4Tfice Sinqfe Qudif �ivision and
OMB Circufar A=i 33 req�ires reciptents offnore than $500,000 ir� federai fmnds to subtpitone copy of the
audif report with+n 30 days after issciance to fhe cenfrat deaeinghvuse at the foliow7ng address:-
B�reau afthe Census •
bata Prepa[ation Division •
]201 East 10th 3treet •
� Jeffersonville, Indiana 47'132 •
Aftn: $ingie Audit Glearingfiouse - -
Ttie Departmenf of Publia Safety`s audit report should be addressed to:
Minnesota Department of Public Safery
` O�ce of Flscal and Adminisfralive Services _
444 Cedar Street
Suite 128, Town Square . j
-` St. Paul, 8A1+1 55409=5126
raoros)
u