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HomeMy WebLinkAbout2010-11-03 PACKET 04.D.COUNCIL ACTION REQUEST: Adopt a resolution and pass a motion authorizing the acceptance of the State of Minnesota grant award under the Department of Public Safety State Patrol Division's DWI Enforcement grant for $4,320.00 to be used for officer overtime wages and enter into an agreement with the State of Minnesota. STAFF RECOMMENDATION: Adopt a resolution and pass a motion authorizing the city to enter into the grant program with the State of Minnesota and accept the grant award. SUPPORTING DOCUMENTS: Memorandum from Sergeant Michael Coffey dated October 11, 2010 F Resolution COUNCIL ACTION TAKEN: APPROVED 0 DENIED F OTHER F- I I i leg :K4 *oll] 9 L 0 K i k W- A ICIN444 i 1:4 0 1 A . A • A . 4 0 0 A A 0 A - 0 -- WHEREAS, the State, pursuant to Minnesota Statute 4.075 and Minnesota Session Laws 2000, Chapter 445, Article 1, Section 1, Subd. 2(d) is empowered to act as the appropriate agency responsible for the administration of the state's highway safety program and, consistent with state law, may contract and cooperate with, and act as agent for state and federal agencies, political subdivisions, and public and private organizations in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments or regulations thereto to the end that available federal money and other benefits for such purposes may be obtained and is empowered to enter into grant contracts; and WHEREAS, the State is in need of county and local law enforcement agencies' participation in an alcohol saturation program designed to arrest impaired drivers (DWI ENFORCEMENT); and WHEREAS, the City of Cottage Grove, Department of Public Safety, is duly qualified and willing to participate in this coordinated alcohol saturation, NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, County of Washington, State of Minnesota that the Cottage Grove Police Department is authorized to enter into an agreement with the State of Minnesota, Department of Public Safety, State Patrol Division for a grant to reimburse officer(s) salaries, while working in the DWI ENFORCEMENT program, AND, BE IT FURTHER RESOLVED that the Director of Public Safety of the Cottage Grove Police Department is hereby authorized to execute such agreements as are necessary to implement the program on behalf of the Cottage Grove Police Department, AND, BE IT FURTHER RESOLVED that Sergeant Michael Coffey of the Cottage Grove Police Department is hereby the Grantee's Authorized Representative authorized to execute such agreements as are necessary to implement the program on behalf of the Cottage Grove Police Department, AND, BE IT FURTHER RESOLVED that Lieutenant Bruce Brynell of the Minnesota State Patrol is hereby authorized to be the fiscal agent and administer this grant on behalf of the Cottage Grove Police Department. ont "Iffla M1# ZEM3130= Date: October 1 1th 2010 Subject: DWI Enforcement Grant formally Night C1 Last week I received notification that the City of Cottage Grove will be receiving funding from the State of Minnesota through a DWI enforcement grant. This is the grant that was formally known as the Night Cap program. This grant is being administered through the MN Department of Public Safety State Patrol Division. There was no formal application process for this grant. We were just required to formally request to participate in it. This was done last month. We were awarded $4320.00 for the fiscal year October 1 2010 through September 30 2011. This was up from $3217.00 that we were awarded last year. This equates to approximately nine, eight hour shifts. (Up from seven shifts last year) There are no matching funds required for our participation. At this time we are required to obtain a Resolution from the City Council allowing us to enter into this grant agreement with the State of Minnesota through the Department of Public Safety. I am requesting that we submit this to the Council for such approval. Per the requirements of the State, you as the Director of Public Safety, will have to be the one the Council authorizes to enter into the grant agreement. It can be administered at the operational level by myself. I have attached a copy of the grant with this memo. Once we obtain the resolution, we will need to submit 3 copies of this to the State with original signatures. I will coordinate that upon receipt of the resolution. If you have any further questions, or require additional information, please contact me. f • This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division 444 Cedar Street Suite 130 St. Paul MN 55101 -5130 ( "State ") and the City of Cottage Grove, Police Department, 7516 80 Street South, Cottage Grove, MN 55016 ( "Grantee "). Recitals Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract. Federal funds for this grant contract are provided from U.S. Department of Transportation's State and Community Highway Safety Program, Catalog of Federal Domestic Assistance (CFDA) Number 20.608 The State is in need of coordinated impaired driving enforcement saturations and public information activities. 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 Term of Grant Contract 1.1 Effective date: October 1, 2010 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 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 Expiration date: September 30, 2011 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 the DWI Enforcement 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 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 contract. 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 $4,320.00 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 DWI Enforcement Invoice. All invoices for reimbursement must be supported by written documentation. MSP (11/06) (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 $4,320.00. 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 submitted within 30 days after each saturation event to the State's Authorized Representative. Final invoice pertaining to the first state fiscal year of this grant contract must be received by July 31, 2011. Reimbursements from the second state fiscal year may commence on or after July 1, 2010. The final invoice pertaining to the second state fiscal year of this grant contract must be received by October 31, 2010. Expenditures for each state fiscal year of this grant contract must be for services performed within applicable state fiscal years. Every state fiscal e�gins 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 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. 5 Conditions of Payment All 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 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. Bruce Brynell 3489 Hadley Avenue North, Oakdale, MN 55128 (65 1) 779 -5906 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 are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Sgt. Mike Coffey, 7516 80` Street South, Cottage Grove, MN 55016, (651) 458 -6005 If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless 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 bar 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 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 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 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 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 of this provision, publicity includes notices, informational 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 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 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. 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its 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 any, or pay other state liabilities. I. 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. 50000006508 2. GRANTEE The Grantee certifies that the appropriate persons) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative MSP (11/06)