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HomeMy WebLinkAbout6.i. NightCap Grant Resolution 4 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: November 24, 2009 AGENDA ITEM: NightCAP Grant Resolution AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of Police AGENDA NO. Q.I. ATTACHMENTS: Resolution and Grant Agreement APPROVED BY: DiJ RECOMMENDED ACTION: Motion to authorize the execution of a grant with the Minnesota Department of Public Safety Minnesota State Patrol. BACKGROUND The Minnesota State Patrol coordinates a grant program known as NightCAP. This grant has been available for several years and provides grant funds to law enforcement agencies to conduct coordinated impaired driving events. ISSUE The execution of this grant agreement requires authorization by the City Council. A resolution is attached that will authorize the Mayor to execute the agreement on behalf of the City and allow the Police Department to receive funding to participate in the saturation patrols for enhanced enforcement of impaired driving laws. This grant does not have any matching requirements; costs to provide officer(s) to participate in the saturation patrols are reimbursed to the City. The grant provides funding in the amount not to exceed $3775 and will provide up to sixty -eight (68) hours of enforcement. These events are planned and coordinated by the State Patrol and are generally conducted on weekend nights. The dollar amount and hours will fund 8 to 10 events depending upon the duration of each event. SUMMARY The Council is asked to authorize the execution of a grant to provide enhanced impaired driving enforcement within the community. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009 A RESOLUTION AUTHORIZING THE CITY OF ROSEMOUNT TO ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY MINNESOTA STATE PATROL WHEREAS, the City of Rosemount desires to participate in coordinated impaired driving enforcement saturations and public information activities, WHEREAS, the State of Minnesota requires a resolution of the City Council to participate, WHEREAS, the City has entered into previous grants to provide increased traffic enforcement and educational activities, WHEREAS, the City has partnered with other Dakota County law enforcement agencies and the Minnesota State Patrol to increase traffic safety in the community, WHEREAS, the City will partner with the Minnesota State Patrol to increase traffic safety and enforce impaired driving laws, WHEREAS, the City Councilors of the City of Rosemount have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with the Minnesota Department of Public Safety Minnesota State Patrol to provide enhanced traffic enforcement, NOW THEREFORE, BE IT FURTHER RESOLVED that the Mayor for the City of Rosemount is hereby authorized to execute such agreements and amendments as are necessary to implement the project, ADOPTED this 24th day of November 2009, by the City Council of the City of Rosemount. ATTEST: William Droste, Mayor Amy Domeier, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through itCommissioner of Public Safety,State Patrol Division, 444 Cedar Street Suite 130, St. Paul, MN 55101 -5130 "State and the City of Rosemount, Police Department, 2875 145 Street, Rosemount, MN 55068 "Grantee Recitals 1 Under Minn. Stat. 299A.01, Subd 2 (4) the State is empowered to enter into this grantcontract 2 Federal funds for this grant contract are provided fromU.S. Department of Transportation's State and Community Highway Safety Program, Catalog of Federal Domestic Assistance (CFDA) Numbe20.608. 3 The State is in need of coordinated impaired driving erforcement saturations and public information activities 4 The Grantee represents that it is duly qualified and agrees to perform all services 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 requied 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. Reimbursennts will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date September 30, 2010, 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. Government 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 theNightCAP Grant Program Duties, Exhibit A, which is attached and incorporated into this grant contract. Grantee will comply with the Single Audit Act Amendmentssf 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 Grantee must comply with all the time requirements described in this grant amtract. In the performance of this grant contract, time is of the essence. 4 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 $3,775.00 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 theOperation NightCAP Invoice. 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 Grantee as a result of this grant contractwill 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 grant contract by 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. No reimbursement shall be made for sdary costs incurred in traveling to and from saturation events. MSP (11/06) 1 (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$3,775.00. 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 according to the following schedule: Itemized invoices will be submittedwithin 30 days after each saturation event to tl>e State's Authorized Representative. Final invoice pertaining to the first state fiscal year of this grant contract must be received by July 31, M. Reimbursements from the second state fiscal year may commence on or after July 1, 21). The final invoice pertaining to the second state fiscal year of this grant contract must be received by October 31, 2120. Expenditures for each state fiscal year of this grant contract must be for services performed within applicable state fiscal years. Every state fscal year begins 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 Title 23 CFDA number 20.608 of the State and Community Highway SafetyAct 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 will federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the Stiffs satisfaction, as determined at the sole discretion of the States Authorized Representative and in accordancewith 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 isLt. Dave Graham, 3489 Hadley Avenue North, Oakdale, MN 55128 (651) 779 -5906, or his/her successor, and has the responsibility to monitor the Grant& performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative isLieutenant Jewel Ericson, 2$75 145 Street, Rosemount, MN 55068, (651) 423 -4491. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and GrantContract Complete 7.1 Assignment. 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 app-oved this grant contract, or their successors in office. 7.2 Amendments. 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 Sint contract, or their successors in office. 7.3 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. 7.4 Grant Contract Complete. This grant contract contains all negolations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. MSP (1 1 /06) 2 8 Liability The Grantee must indemnify, save, and hold the State, its agents, ad employees harmless from any claims or causes of action, including attorneys fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantees agents or employees. This clause will not be construed to bar ay 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 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 Government Data Practices The Grantee and State must comply with the Minnesota Government 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 bylhe 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 Claur, 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 complialee with Minn. Stat 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantees employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Worker Compensation Act on behalf cf 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 regarding thesubject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the Stats Authorized Representative. For purposes of this provision, publicity includes notices, infornional pamphlets, press releases, research, reports, signs, and similar public notices prepared 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, Jurisdiction, and Venue Minnesota law, without regard to its choiceof -law provisions, governs this grant contract. Venuefor 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 contact 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 hereTermination must be by written or fax notice to the Grantee. The Stateis 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 pro rata basis, for services satisfactorily performed to the extent thafunds are available. The Statewill not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota MSP (11/06) 3 Legislature, or other funding source, not b appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time ofthe State receiving that notice. 15 Data Disclosure Under Minn. Stat 270C.65, and other applicable law, the Grantee consents to disclosure of it social security number, federal employer tax 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 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 aq,or pay other state liabilities 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. 16A.15 and 16C.05. By: (with delegated authority) Signed: Title: Date: Date: Grant Contract No. 50000006233 2. GRANTEE The Grantee certifies the the appropriate person(s) have executed the grant contract on behalf of the Grantee as required byapplicable articles bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative MSP (11/06) 4 Exhibit A Page 1 of 1 NightCAP Grant Program Grantee's Duties 1 Coordinate alcohol saturations with the State's district authorized representative for saturation events to be held between October 1, 2009 and September 30, 2010, providing up to sixty eight hours of enforcement. 2 All law enforcement officers participating in this program must be Peace Officers Standards and Training Board (POST) licensed as provided by Minnesota law. 3 All law enforcement officers participating in this program must be Standardized 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 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 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 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 cars 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. Dave Graham, 3489 Hadley Avenue North, Oakdale, MN 55128 (651) 779 -5906.