HomeMy WebLinkAboutContract 2247ST'AT'E G1F M'~1~TESOTA
GRANT CONT' CT
2247
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety State Patrol
Division, 444 Cedar Street Suite I30 St Paul MN 55101-5 l 30 ("State") and the City of Columbia Heights, Police
Det~artment, 599 Mill Street East Columbia Heights MN 55421 ("Grantee"}.
Recitals
1 Under Minn. Stat. § 299A.0 L 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 describedrn this grant contract to
the satisfactian of the State.
Grant Contract
'T'erm of Grant Contract
1.1 Effective date: October 1.2009, 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 Expiratia'r date: September 30, 2010, ar 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 Requiz•ements is attached and incorporated and made part of this grant contract. See Exhibit B.
3 'l'ime
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) Cofnpensation. The Grantee will be reimbursed an amount not to exceed $10,027.00 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. All invoices for
reimbursement must be supported by written documentation.
(2) Travel Expe~zses. 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 deternining whether travel is out of
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state.
No reimbursement shall be made far salary costs incurred in traveling; to and from saturation events
(3) 16~atclzing Requeremeaats. (If Applicable.} Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: 0 000.00.
(4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed $10,027.00.
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. 1livoices
must be submitted timely and according to the following schedule:
Iteanized 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 2010
Reimbursements from the second state fiscal. env commence on or after July 1 2010 The final invoice
pertainin~T to the second state fiscal year of this grant contract must be received by October 31 '010
Expenditures far each state fiscalyear 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 fnaads. (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. Paul Van Voorhis, 2005 I~Torth Lilac Drive, Golden Valley. MN
55422, (763}591-4698,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 Cpl. Paul Bonesteel, 599 Mill Street East. Columbia Heights MN
55421, (763706-3799. 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
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their successors in office.
7.3 T~aiver. 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.
7.4Gra'it ~'oaztract 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.
~ 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.
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 Bata Practices
The Grantee and State must comply with the Minnesota Government I?ata Practices Act, Mimi. 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 anal Endorsement
12.1 Publicity. Any publicity regarding the subject mattei° 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 E~zdarsemertt. 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. Termi~aatio~r by t/ze State. The State may cancel this grant contract at any time, with or without cause,
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upon 30 days' written natiee to the Grantee. Upon termination, the Grantee will be entitled to payment,
determined on a pro rata basis, far 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 fianding cannot be
continued at a level sufficient to allow far 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.
IS Data Disclosure
Under Minn. Stat. ~ 2700.65, 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.
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Exhibit A
Page 1 of 1
Ni~htCAP 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 one hundred
eight two 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. Paul Van Voorhis, 2005 North Lilac Drive,
Golden Valley, MN 55422, (763)591-4698.
Exhibit B, page 1 of 2
"FE[~ERAL !~U®tT RE(~tJIREMENTS
1. For subrecioients 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 far 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, 1987, 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. It
shall also honor requests for biennial audits by governments that have an administrative policy calling
for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place
prior to January 1, 1987.
For subrecioients that are institutions of higher education or hosoitals
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 an independent auditor. An independent auditor is a state or local
government auditor or a public accountant who meets the independence standards specified in the
Genera! Accounting Office's "Standards far 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. The 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.
(10/05}
Exhibit B, page 2 of 2
6. The Statement of Expenditures form can be used far the schedule of federal assistance.
7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least
four years.
required audit reports must be filed with the State Auditor's ®ffice Single Audit Division and
with federal and state agencies providing federal assistance and the Department of Public
Safety within nine months of the grantee's fiscal veer end.
OMB Circular A-133 requires recipients of more than $500,000 in federal funds to submit one copy of
the audit report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
(10/05)
~ 1
Alcohol
and Gambling
Enforcement
ARMER/911
Program
Bureau of
Criminal
Apprehension
Driver
and Vehicle
Services
Homeland
Security and
Emergency
Management
Minnesota
State Patrol
Office of
Communications
office of
Justice Programs
Qffice of
Traffic Safety
State Fire
Marshal and
Pipeline Safety
~`dT38S,yY
m~T~ P!•~C
444 Cedar Street ®Suite 130 ®Saint Paul, Minnesota 55101-5130
Phone: 651.201.7100 ®Fax: 651.296.5937 • TTY: 651.282.6555
www. dps. state.mn.us
December 1, 2009
Cpl. Paul Bonesteel
Columbia Heights, Police Department
599 Mill Street East
Columbia Heights, MN 55421
Dear Cpl. Paul Bonesteel,
Enclosed is your copy of the executed grant contract between the Minnesota
State Patrol and the Coiumbia Heights, Police Department for Operation
NightCAP Anoka.
Please make special note of the requirement for Standard Field Sobriety
Testing (SFST} training on Exhibit A. The Office of Traffic Safety (OTS}
decided that law enforcement officers participating in this program must
have/been trained by the Minnesota State Patrol before participating in the
NightCAP programs.
The Minnesota State Patrol would like to thank you and your agency for
participating in this program.
Si~ cerely,
4
rr `~' ,.
Jan Birkefand
Federal Projects Coordinator
Administrative Assistant
Enclosure
EQUAL OPPORTUfVfTY EMPLOYER