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HomeMy WebLinkAboutContract 2011 2398 OTS Grant Contract No: 9200 -3090 STATE OF MINNESOTA GRANT CONTRACT ` This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Traf is Safety, 444 Cedar Street, Suite 150, St. Paul, Minnesota, 55101 -5150 ( "State ") and City of Columbia Heights, Columbia Heights Police Department, 825 41 Avenue NE, Columbia Heights, MN. 55421 ( "Grantee "). Recitals 1 Under Minn. Stat. §§ 4.075 and 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract. 2 Federal funds for this grant contract are provided under the U. S. Department of Transportation's State and Community Highway Safety Program, Catalog of Federal Domestic Assistance (CFDA) Number 20.600 and 20.601. This grant contract is funded through the Minnesota Department of Public Safety, Office of Traffic Safety's project entitled Safe & Sober Challenge, number 11- 04 -07, and DWI Safe & Sober Challenge, number 11- 03 -11. 3 The State is in need of traffic safety enforcement efforts. 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: June 1, 2011, 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 and Intellectual Property; 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: 2.1 Purchase, maintain, and use the following equipment: - One Radar Unit - One Pre - Arrest Breath Test Unit 2.2 No subgrant contracts are allowed. 2.3 The Grantee will establish Conflict of Interest (COI) safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 2.4 Minor changes in the tasks and budget of this grant contract may be made if requested in writing on behalf of the Grantee and if approved in writing by the State. Changes requiring the approval of the U.S. Department of Transportation or resulting in reimbursement claims in excess of $2,000.00 are not minor changes. 2.5 Submit a final report that summarizes any accomplishments, enforcement efforts, and /or equipment use during the grant cycle by October 31, 2011. 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 A. 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: FFY 11 Traffic Safety Non -state (09/10) Page 1 OTS Grant Contract No: 9200 -3090 (1) Compensation. The Grantee will be reimbursed an amount not to exceed $2,000.00 according to the breakdown of costs contained in the following budget table. Item Amount Equipment $2,000.00 Expenses Related to Travel to conference or training $0.00 Total $2,000.00 The Grantee will submit a written budget revision request to the State's Authorized Representative before any expenditure may be made based on the revised budget. Submission and approval of a budget revision is necessary for any deviation of 5% or $500.00, whichever is greater, between approved budget lines of the current budget and /or any budget revision that will add additional budget lines and these revisions require an amendment to this grant contract. Any budget revision must be approved by the State's Authorized Representative in writing before any expenditure may be made based on the revised budget. (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. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $0.00. (4) Indirect Costs and Fringe Benefits. No Indirect Costs are allowed under this grant contract. The State has an obligation to determine if any indirect costs and /or fringe benefit costs to be reimbursed by this grant contract are reasonable. If requested, the Grantee must furnish an explanation of the basis for such rates. Fringe benefits must be accounted for separately from overtime salary costs on back -up documentation of invoices. (5) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $2,000.00. 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 filed in arrears at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily performed. Itemized invoices will be filed in arrears at least monthly but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily performed. All claims for reimbursement shall be supported by written documentation including receipts, invoices, and personnel time reports. 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 •ertainin• to the second state fiscal ear and to the whole of this .rant contract must be received b November 16, 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. FFY 11 Traffic Safety Non -state (09/10) Page 2 OTS Grant Contrac No: 9200- 3090 (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federa funds obtained by the Stat through Title 23CFDA number 20.60O and 20.60lof the State and Community Highway Safety Act of 1966 and amendments thereto. The Grantee is responsible for complianee 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 Conclitions 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 Shannon Swanson, State Program Administrator- Principal, 444 Cedar Street, Suite l5O. St. Paul, MN. 55l0]-5l50,(05l)20l-7063,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 Chief Scott Nadeau, 825 41 Avenue NE, Columbia Heights, MN. 55421, (763) 706 8106. lfthe 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 eonsent ofthe 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 eontract 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. 7.4 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 agent , 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 0uderN4inn.Sta1.8 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 and Intellectual Property 10.1 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. FFY 11 Traffic Safety Non-state (09/10) Page 3 OTS Grant Contract No: 9200 -3090 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. 10.2 Intellectual Property Rights. All reports, studies, photographs, negatives, computer programs or other documents prepared by the Grantee in the performance of its obligation under this grant contract shall be the exclusive property of the State. The Grantee may continue to use the materials to promote highway safety, but may not sell or offer for sale any physical or electronic documents developed under this grant contract, unless a plan to record such sales and make the proceeds available for traffic safety purposes is approved by the State. 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. If for any reason the State is prohibited in any way from using such funds to reimburse the Grantee for any of the costs set forth herein, then this grant contract shall be null and void and the State shall have no direct nor indirect obligation to reimburse the Grantee. 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. 14.3 Termination for Failure to Comply. When the State finds that there has been a failure to comply with the provision of this grant contract or with the provisions of the incorporated Exhibits or that the purposes for the funds have not been, or will not be fulfilled, notwithstanding any other provisions of this grant contract to the contrary, the State may take such action as it deems necessary and appropriate to protect the interest of the State of Minnesota, including the refusal to disburse additional funds and requiring the repayment of any funds already disbursed. FFY 11 Traffic Safety Non -state (09/10) Page 4 OTS Grant Contract No: 9200- 090 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consent to diselosure 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 offederal 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. 16 Equipment 16.1 Parchuxe of Equipment. Any equipment purchased under this grant contract shall be used primarily for traffic safety purposes during the life of the equipment. The Grantee may not deviate from this requirement and may not dispose of any equipment unless it has first obtained permission from the State. Only equipment specified in this grant contract may be purchased. i6.2 Responsibility for Equipment. The Grantee shall be responsible for all operating, maintenance, and repair costs of equipment purchased under this grant contraet unless otherwise specified. Title to equipment acquired under this grant contract shall vest upon the Grantee. 17 Other This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the fol!owing: 17.1 Section 5U4of the Rehabilitation Act of]973(29U.S.C.794) and 49 CFR Part 27 which relates to handicapped persons. 17.2 49 CFR Part 23 — Participation by minority enterprises in Department of Transportation Programs; 49 CFR Part 29 Subpart F — The Drug-Free Workp!ace Act of 1988; 23 U.S.C. 101 Note and 41 O.S.C.lOa—Buy America Act; and 49 CFR Part 29 — Certification Regarding Debarment and Suspension. These provisions are incorporated by reference and made a part ofthis grant contract. 17.3 Title VI ofthe Civil Rights Act of 1964, as amended. 17.4 The Grantee certifies that the Grantee has a current safety belt use policy. 17.5 The Grantee certifies that the Grantee will adopt and enforce workplace safety policies including banning texting while driving in accordance with Minnesota Statute 169.475. 17.6 The Grantee certifies that the Grantee will comply with the Federal Funding Accountability and Transparency Act. 17.7 The Grantee certifies that the Grantee has in place or is currently working on a policy for vehicular pursuits taking into account the model guidelines issued by the International Association of Chiefs of Police. THE REMAINDER OF THIS PAGE HAS BEEN DELIBERATELY LEFT BLANK. FFY 11 Traffic Safety Non-state (09/10) Page 5 OTS Grant Contract No: 9200-3090 1. ENCUMBRANCE VERIFICATION 3. STATE A ENCY Individual certifies that f a ' e jA4cS4fNED required by Minn. Stat. § 16A.15 and 16C.05. By: JUN 2 9 2011 (with delegated authority) Signed: Title: Traffic Safety Program Manager, Office of Traffic Safety Date: BY MWENDE NZIMBI Date: ir/ 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, resolutio or ordinances, By: t 4 0/ r / Date: / c/ / 1 By: Title: t e t , z / a i ie' Date: Distribution: DPS/FAS Grantee State's Authorized Representative FFY 11 Traffic Safety Non-state (09/10) Page 6 CITY COUNCIL LETTER Meeting of April 25, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Adopt Resolution 2011-026 Authorizing BY: Scott Nadea BY: Acceptance of Traffic Safety Award DATE: April 19, 2011 DATE: (Toward Zero Death - $2,000) NO. BACKGROUND: The Minnesota Department of Public Safety, Office of Traffic Safety contacted us to advise that a city council resolution will be required to accept the Toward Zero Death challenge grant the CHPD was recently awarded in the amount of $2,000. ANALYSIS/CONCLUSION: In order for the Police Department to access the funds awarded under the Toward Zero Death challenge grant, I am requesting that the City Council adopt the proposed resolution which authorizes the Chief of Police to sign the agreement with the Department of Public Safety. RECOMMENDED MOTION: Move to waive the reading of Resolution 2011-026, there being ample copies available for the public. Move to adopt Resolution 2011-026, a Resolution Authorizing Acceptance of a Traffic Safety Award. COUNCIL ACTION: 41\ RESOLUTION 2011-026 RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD Whereas, the Columbia Heights Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Toward Zero Death Challenge; and Whereas, under the provision of the Highway Safety Act (P.L. 89-563), the Minnesota Department of Public Safety has federal funding to promote traffic safety; and Whereas, the Minnesota Department of Public Safety had judged the Columbia Heights Police Department's efforts to increase pedestrian safety to be exceptional, and wants to reward those efforts by providing additional funding for the department; Therefore, be it resolved that the Columbia Heights Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from May 1, 2011 to September 30, 2011. The Chief of Police of the City of Columbia Heights is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Columbia Heights Police Department. Be it further resolved that the Chief of Police of the City of Columbia Heights is hereby authorized to be the fiscal agent and administer the grant on behalf of the Columbia Heights Police Department. Passed and adopted by the Council on this day of , 2011 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricj'a Muscovitz, CMC City Clerk