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HomeMy WebLinkAboutItem 06.ddDecember 03, 2015 Item No.__________ ANNUAL PLAN AGREEMENT TO PROVIDE TECHNICAL INSTRUCTION FOR THE DEPARTMENT OF PUBLIC SAFETY – State Patrol Division Proposed Action Staff recommends adoption of the following motion: Motion to approve the Annual Plan Agreement to provide technical instruction for the Department of Public Safety-State Patrol Division. Overview Officers of the Police Department provide instruction for the Department of Public Safety (DPS) for Drug Recognition and Standardized Field Sobriety Testing. The agreement will allow the DPS to reimburse the City for the cost of teaching these courses. Primary Issues to Consider • Officers keep skills current through the presentation of material • Time reimbursed insures no impact to the staffing levels at the Police Department, as teaching is done when officers are not scheduled to work • Any overtime costs are paid for by this grant Supporting Information • Grant Agreement – Signature Required • Resolution Jeff Long, Police Chief Financial Impact: $.00 Budgeted: No Source: __________________ Related Documents (CIP, ERP, etc.): _______________________________________ Community Values: Good Value for Public Services; Safety Throughout the Community CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION GRANTING APPROVAL TO ENTER INTO AN AGREEMENT WITH STATE OF MN DEPARTMENT OF PUBLIC SAFETY WHEREAS, the City of Lakeville desires to enter into an agreement with the Minnesota Department of Public Safety to provide a certified licensed peace officer to perform Minnesota Drug Recognition Expert (DRE) Training classes; and WHEREAS, the State of Minnesota requires a resolution of the City Council to participate; and WHEREAS, the City of Lakeville has entered into a previous agreement with the Department of Public Safety; and WHEREAS, the City Council has duly considered this matter and believes that it is in the best interest of the City to enter into the agreement. NOW, THEREFORE, BE IT RESOVLED that the City Council of the City of Lakeville hereby approves an agreement with the Minnesota Department of Public Safety to provide a certified licensed peace officer to perform Minnesota Drug Recognition Expert (DRE) Training classes. Dated this 7th day of December, 2015 CITY OF LAKEVILLE BY:_____________________________ Matt Little, Mayor ________________________________ Charlene Friedges, City Clerk 08/09 STATE OF MINNESOTA GRANT CONTRACT 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 Lakeville ("Grantee"). Recitals 1 Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract. 2 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 20.601. 3 The State is in need of instructors for r Minnesota Drug Recognition Expert (DRE) Training classes. 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, 2015, 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: July 31, 2016, 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: Coordinate the following training courses and instruction by an instructor qualified for the training as specified in Standardized Field Sobriety Testing (SFST) Grant Program Grantee Duties, Exhibit A, which is attached and incorporated into this grant. Training courses may include the following: Standardized Field Sobriety Testing (SFST): Advanced Roadside Impaired Driving Enforcement (ARIDE); and Driving While Impaired (DWI) SFST Update). Funding for each class is based on $60.00 per hour for the length of each class: Training Course Total hours Budgeted Amount Standardized Field Sobriety Testing (SFST) 36 hours $2160.00 SFST/DWI Update 15 hours $900.00 Advanced Roadside Impaired Driving Enforcement (ARIDE) 20 hours $1200.00 Grantee will comply with the Single Audit Act Amendments of 1996 and office of Management and Budget Circular A-133. Federal Audit Requirements, Exhibit B, which is attached and incorporated into this grant. 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 $4,260.00 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 DRE Invoice which will be provided to the Grantee by the State. All invoices for reimbursement must be supported by written documentation. 08/09 (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily 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 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 salary costs incurred in traveling to and from training 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 $4,260.00. 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 monthly and within 30 days of the period covered by the invoice for services satisfactorily performed. All claims for reimbursement will be supported by written documentation including receipts, invoices and personnel time reports. Final invoice must be received no later than thirty days after the Expiration date of this grant contract. Expenditures for each state fiscal year of this grant contract must be for services performed within applicable state fiscal years. Every state fiscal year begins on July 1 and ends on June 30. (1) 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 Sgt. Don Marose, 444 Cedar Street, Room 130, St. Paul, MN 55101, (651) 297-7132, 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 Grantees’ Authorized, Representative is _Greg Jensen_. 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 Grant Contract 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 approved 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 grant contract, or 08/09 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 negotiations 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. 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 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 08/09 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 Grantee will be entitled to payment, determined on a 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. 15 Data Disclosure Under Minn. Stat. § 270.66, 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. 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. 5000000 2. GRANTEE: CITY OF LAKEVILLE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: ________________________________________________ Title: Mayor Date: December 7, 2015 By: ________________________________________________ Title: City Clerk Date: December 7, 2015 Distribution: DPS/FAS Grantee State’s Authorized Representative