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HomeMy WebLinkAboutItem 06.hOctober 8, 2010 LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA STATE PATROL — OPERATION NIGHTCAP Proposed Action Staff recommends adoption of the following motion: Move to approve the resolution to authorize the Lakeville Police Department to enter into a Grant Agreement with the Minnesota State Patrol. Passage of this motion will result in the Lakeville Police Department coordinating impaired driving saturations to increase traffic safety. Overview The Lakeville Police Department will coordinate with the MN State Patrol's authorized representative for saturation events held between October 1, 2010 and September 30, 2011 and will provide up to fifty -six (56) hours of traffic enforcement. All enforcement officers will be POST licensed and qualified in Standardized Field Sobriety Testing. LPD will provide a list of eligible law enforcement officers participating in this program. Primary Issues to Consider • LPD must complete and submit all required paperwork following each saturation event to the State's representative within 7 days of the event. The State will pay for services performed by LPD according to the grant contract reimbursing LPD an amount not to exceed $3,080.00 for officer overtime rates, including fringe benefits. • LPD will participate in public information and media efforts with the State as a part of each saturation event. Supporting Information • See attached Grant Contract. Thomas Vonhof Chief of Police Item No. Financial Impact: $ Budgeted: YIN Source: Related Documents (GIP, ERP, etc.): Notes: CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION AUTHORIZING LAKEVILLE POLICE DEPARTMENT TO PARTICIPATE IN A GRANT AGREEMENT WITH THE MINNESOTA STATE PATROL — OPERATION NIGHTCAP WHEREAS, the City of Lakeville desires to participate in the Department of Public Safety, State Patrol Division, grant program to identify and arrest impaired drivers; and WHEREAS, the project titled Operation NightCAP will be conducted between the grant year dates of October 1, 2010 through September 30, 2011; and WHEREAS, the State of Minnesota requires a resolution of the City Council to participate; and WHEREAS, the City will coordinate these efforts with Minnesota State Patrol pursuant to the State of Minnesota Grant Contract; and WHEREAS, the City Council of the City of Lakeville has duly considered this matter and believes that it is in the best interests of the City to enter into a grant agreement with the State of Minnesota to provide enhanced impaired driving enforcement. NOW THEREFORE, BE IT RESOVLED that the City Council hereby authorizes the Lakeville Police Department to participate in this grant agreement with the Minnesota Department of Public Safety, State Patrol Division, for the grant project period of October 1, 2010 through September 30, 2011. ATTEST: ADOPTED this day of October, 2010. CITY OF LAKEVILLE BY: Charlene Friedges, City Clerk Holly Dahl, Mayor 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, Police Department, 9237 183 Street West, Lakeville, MN 55044 ( "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 20.608. 3 The State is in need of coordinated unpaired driving enforcement 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, 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: (I) Compensation. The Grantee will be reimbursed an amount not to exceed $ 3 0 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. (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 salar costs incurred in travelin_ 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 $3,080.00. 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, 2011. The final invoice pertaining to the second state fiscal year of this grant contract must be received by October 31, 2011. 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. (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 (651) 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 Officer Nicholas Stevens, 9237 183 Street West, Lakeville, MN 55044, (952) 985 -2800. 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 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. 7.4Grant 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 MS1' (11/06) 2 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 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 MSP 01/O6) 3 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. § 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. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 104.15 and 100.05. B y: (with delegated authority) Signed: Title: Date: Date: Grant Contract No. 50000006515 2. GRANTEE 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: Date: By: Title: Date: Distribution: DPSIFAS Grantee Stales Authorized Representative MSP (11/06) 4 DWI Enforcement Grant Program Grantee's Duties Exhibit A Page 1 of 1 1 Coordinate alcohol saturations with the State's district authorized representative for saturation events to be held between October 1, 2010 and September 30, 2011, providing up to fifty six 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 unpaired 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. Bruce Brynell, 3489 Hadley Avenue North, Oakdale,MN 55128, FAX: (651) 779 -5925.