HomeMy WebLinkAbout(04f) NightCap Programr~
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MEETII\'G DATE:
AGENDA ITEM:
SUBMITTED BY:
12/ 18/08
Police Department
Council Agenda Item
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: None
BACKGROUND INFORMATION: The NightCAP Program is run by the Department of Public
Safety and funded by Office of Traffic Safety. This program targets impaired drivers in our area and
around the state. Officers that work this program are working on over time which if funded by funds
from the federal government through the Office of Public Safety. We have been involved in the program
in the past and would recommend that we participate again.
BUDGET/FISCAL IMPACT: None
ATTACHMENTS: Contracts
REQUESTED COUNCIL ACTION: Pass and sign contact
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° 444 Cedar Street ~ Suite 130 • Saint Paul, Minnesota 55101-5130
Phone: 651.201.7100 • Fax: 651.296.5937 • TTY: 651.282.6555
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November 26, 2008 ~';~(; ~ ~~ ~~~~~
Alcohol CITY JF "'7 ~ ' J~B~PN
St. Joseph, Police Department
and Gambling
Enforcement Officer Joel Klein
25 College Avenue
ARMER/911 P.O. BOX 268
Program St. Joseph, MN 56374-0268
Bureau of
Criminal
Apprehension Dear Officer Joel Klein,
Driver
and Vehicle
Enclosed are three copies of the grant contract between the Department of Public Safety,
Services Minnesota State Patrol and the St. Joseph, Police Department. Please read, sign and return
Homeland all copies, to my attention. The Department of Public Safety, Finance Department requires
Security and that a Lieutenant or above sign all contracts.
Emergency
Management Please make special note of the requirement for Standard Field Sobriety Testing (BEST)
Minnesota training on Exhibit A. The Office of Traffic Safety (OTS) decided that law enforcement
State Patrol officers participating in this program must have/been trained by the Minnesota State Patrol
before participating in the NightCAP programs.
Office of
Communications
A copy of the executed contract will be sent to your office as soon as all appropriate
Office of signatures have been acquired.ave any questions, please call me at (651) 201-7113.
Justice Programs
Office of
Traffic Safety
State Fire Sincerely, /~
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Marshal and
Pipeline Safety '~L~
'
J Birkeland
Federal Projects Coordinator
Administrative Assistant
Enclosures
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EQUAL OPPORTUNITY EMPLOYER
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 St. Joseph Police Department 25
College Avenue P.O Box 268 St Joseph MN 56374Grantee").
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 impaired 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
Term of Grant Contract
1.1 Effective date: October 1, 2008, 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 2009, 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 NightCAP 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.
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 3 630.00 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 Operation NightCAP Invoice which is attached and
incorporated into this grant contract. 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 incornorated into this >;rant contract by reference. The Grantee will not be reimbursed for travel and
subslstence 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)
No reimbursement shall be made for salary 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 3 630.00.
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 2009
Reimbursements from the second state fiscal year may commence on or after July 1 2009 The final invoice
pertaining to the second state fiscal year of this grant contract must be received by October 31 2009
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. Tom Schmitz, 3725 12th Street North St. Cloud 1VIN 56303 (320,
Z02-6468, 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 Joel Klein, 25 College Avenue North P O Box 268 St
Joseph, MN 56374, (320) 363-8250. 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.lAssignment. 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.
7.2Amendments. 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 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
MSP (11/06)
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
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
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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. § 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 shat funds have been encumbered as
required by Minn. Slat. §§ /6A.15 and 16C.05. By:
' (with delegated authority)
Signed: Title:
Date: Date;
Grant Contract No.50000005838
2. GRANTEE
The Gran terrifies Jha! the appropriate person(s)
have ecure the gran! conlracf on behalf of the Grantee as
r uired by pli a rlicles, i'~laws, resolutions, or ordinances.
Title:
Date:
By: _
Title:
Date:
Distribution:
DPS/FAS
Grantee
State's Authorized Representative
MSP (11/06)
Exhibit A
Page 1 of 1
Ni~htCAP Grant Program Grantee's Duties
l Coordinate alcohol saturations with the State's district authorized representative for saturation
events to be held between October 1, 2008 and September 30 2009, providing up to six 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 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.
l0 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. Tom Schmitz, 3725 12th Street North, St.
Cloud, MN 56303 (320) 202-6468.
Exhibit B, page 1 of 2
FEDERAL AUDIT REQUIREMENTS
For subrecipients. that are state or local governments, non-profit organizations, or Indian tribes
If the grantee. expends total federal assistance of $500.,000 or more per year, the grantee-agrees to
obtain either a single audit or aerogram-specific audit made for the fiscal year in accordance with the
terms of the Single. Audit Act Amendments of 1996:
Audits shall be made annually unless the state or local government has, by January 1, 1.987, a
constitutional or statutory requirement for less frequent audits. For those governments, the federal
cognizant agency shall permit biennial audits, covering both years, if the government so requests. Itshall
also-honor requests for biennial audits by governrrients that have an administrative policy calling for
audits less frequent than annual, but onlyaudits prior to 1987 or administrative policies in place prior to
January 1, 1987.
For subrecipients that are institutions of higher education or hospitals
If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the
grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110
"Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit
Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of
'the organization.
The audit must determine whether the subrecipient spent federal. assistance funds in accordance with
applicable laws and regulations.
2. The audit shall be made by art independent auditor. An independent auditor is a state or local
government auditor or a public accountant who meets the independence standards specifed in the
General Accounting .Office's "Standards for Audit of Governmental Organizations, Programs, Activities,
and Functions."
3. The audit report shall state that the audit was performed in accordance with the provisions of~OMB
Circular A-133 (or A-110 as applicable).
The reporting requirements for audit reports shall be in accordance with .the American Institute of
Certified Public Accounts' (AICPA) audit guide; "Audits of State and Local Governmental Units," issued in
1986.. Th.e federal government. has approved the use of the audit guide.
In addition to the audit report; the recipient shall provide comments on the findings and recommendations
in the report, including a plan for corrective action taken or planned and comments on the status of
corrective action taken on prior findings. If corrective 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 to grantee's records and financial statements
as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB
Circular A-133.
5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single
Audit Act and OMB Circular A-133.
t~ oros>
Operation
NightCAP
Invoice
Agency Name: St. Jose h Police De artment
Agency Address: 25 Colle a Avenue North, P.O. Box 268
St. Jose h MN 56377
SATURATION
DATES : TOTAL OVERTIME
HOURS WORKED: TOTAL INVOICE
AMOUNT: FEDERAL FUNDS
ALLOCATED:
$ $3,630.00
$ $
$ $
$ $
{ TOTALS: { { $ { $3,630.00 {
CFDA Number: 20.608
This block for State Use Onl
Vendor Number: 053649001-00 SFY: 09 Order Number: 5000-5838
Agency: P07 Fund: 300 Org: 5153 Appr: 531 Report Cat: 0308
APPROVAL SIGNATURES
County or City Authorized Rep. Date District Authorized Rep. Date
Federal Projects Director Date
REMIT TO: Lt. Tom Schmitz
Federal Projects Coordinator
Minnesota State Patrol D-2600
3725 12th Street North
St. Cloud, MN 56303
Fax: (320) 654-5395
f~ `~-_` County Assigned:
. s
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~-.,.
2009 OFFICER Overtime
ACTIVITY REPORT
,~
se Oniv
Total Desinna#ar1 I7rivar ('.nntartc
Operation NightCAP Activity Log
Name:. Date:
2009 OFFICER On Duty
ACTIVITY REPORT
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ens
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ad e # ~ ,~ p-
;;
Total Number of Vehicles Sto, ed .
Total Numberof Citations.Issued -
-Total Number of Peo le Arrested
DWI Minor Consurn tion
Vehicle Forfeiture Not A Dro
DAR%DAS/DAC 1Nea ons
Dru s Warrants
n Bottle
ACTIVITY
Total Desi Hated Driver Contacts
Operation NightCAP Activity -Log
Name: Date:
Time Vehicle Vehicle (W)arningl ReasonlCode Citation #/Name
License Make (C)itationl
# (A)rrest