HomeMy WebLinkAbout4.A.1 Acceeptance of te MN Department of Commerce Autho Theft Preventtion Grant Res. No. 7551 1111/1111111 Consent Business 4. A. 1.
SHAKOPEE
TO: Mayor and City Council
FROM: Jason Arras, Police Sergeant
DATE: 07/21/2015
SUBJECT: Acceptance of the MN Department of Commerce Auto Theft Prevention
Grant-Res. No. 7551 (C, D)
Action Sought
If the Council concurs, it should, by motion, approve Resolution #7551, a
Resolution of the Shakopee City Council Authorizing Execution of an Agreement
for the Project Entitled Minnesota Department of Commerce Auto Theft Prevention
Grant.
Background
On June 26, 2015, city staff was notified by the Department of Commerce that the
Shakopee Police Department was successful in its Auto Theft Prevention Grant
application and was awarded $31,925.00 in funding. The grant provides the police
department with funding for prevention and enforcement initiatives to reduce the
incidence of auto theft in the City of Shakopee. The grant agreement will expire on
June 30, 2017. The police department has received this grant in the past and does
not require any matching funds.
Recommendation
Staff recommends authorizing the grant agreement.
Budget Impact
None. There are no matching fund requirements with this grant.
Relationship to Vision
This action supports:
Goal C, Maintain the City's strong financial health.
Goal D, Maintain, improve and create strong partnerships with other public and
private sector entities.
Requested Action
If Council concurs, it should, by motion, approve Resolution #7551, a Resolution of
the Shakopee City Council Authorizing Execution of an Agreement for the Project
Entitled MN Department of Commerce Auto Theft Prevention Grant.
Attachments: Resolution No. 7551
Auto Theft Prevention Grant
RESOLUTION NO. 7551
A RESOLUTION OF THE SHAKOPEE CITY COUNCIL
AUTHORIZING EXECUTION OF AN AGREEMENT
FOR THE PROJECT ENTITLED
MN DEPARTMENT OF COMMERCE
AUTO THEFT PREVENTION GRANT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA,that the Shakopee Police Department enter into a grant agreement with
the Minnesota Department of Commerce, for an Auto Theft Prevention Grant.
BE IT FURTHER RESOLVED,that the Mayor, City Clerk and City Administrator, on
behalf of the Shakopee Police Department, are hereby authorized to execute such
agreements and amendments as are necessary to implement the project on behalf of the
Shakopee Police Department.
Adopted in adjourned regular session of the City Council of the City of Shakopee, MN,
held this 21st day of July , 2015.
Mayor of the City of Shakopee
ATTEST:
City Clerk
1
STATE OF MINNESOTA ORIGINAL
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ("State")
and Shakopee Police Department, 475 Gorman St., Shakopee MN 55379 ("Grantee").
Recitals
1. Under Minn. Stat. §299A.01 and§ 65B.84, the State is empowered to enter into this grant.
2. The State is in need of projects to reduce the incidence of automobile theft and has made grant awards
pursuant to its Request for Proposals.
3. 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. Pursuant to Minnesota Statutes §16B.98 Subdivision 1, the
Grantee agrees to minimize administrative costs as a condition of this grant.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: July 1, 2015, or the date the State obtains all required signatures under Minnesota
Statutes Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed
and the Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: June 30, 2017, 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
2.1 Activities. The Grantee, who is not a state employee, will perform project activities in accordance with
• the specified tasks and line-item budget approved by the State, which is attached and incorporated into
this contract as Exhibit A, and will comply with required grants management policies and procedures
set forth through Minn.Stat.§16B.97, Subd. 4(a)(1).
2.2 Reporting Requirements. Grantee shall report to the State as specified in the Grant Manual of the Office
of Justice Program, which is posted online at https://dps.mn.gov/divisions/oip/grants/Documents/Grant Manual.pdf
and is incorporated by reference into this grant contract.
(1) Financial Reporting. Grantee shall submit a financial reporting form to the State's Authorized
Representative utilizing the format identified by the State within 30 days after the end of the
reporting period.
(2) Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly
progress detailing progress achieved towards the accomplishment of the program goals and
objectives within 30 days after the end of the reporting period,
(3) Other Requirements. Grantee shall submit such other reports and attend meetings and training as
State shall reasonably request.
(4) Evaluation. The State shall have the authority, during the course of this grant period, to conduct
evaluations of the performance of the Grantee.
(5) Requirement Changes. The State may modify or change all reporting forms at its discretion
during the grant period.
(6) Special Requirements. The State reserves the right to include in the grant, at any time during the
term of the grant, special administrative requirements deemed necessary to assure the Grantee's
successful implementation of the program. The State will notify the Grantee in writing of any
special administrative requirements.
Automobile Theft Prevention Grant Program FY 16-17 1 �.
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:
(a)Compensation, The Grantee will be reimbursed for activities and budget amounts according to the
line-item budget approved by the state in Exhibit A:
(1) $24,725.00 is available for fiscal year 2016
(2) $7,200.00 is available for fiscal year 2017
Grant funds available for fiscal year 2016 are permitted to be carried forward into fiscal year 2017
only with written approval in advance by the State's Authorized Representative.
(b),Line-item Changes. Expenditures specified in Exhibit A may not be moved from one line-item to
another unless in accordance with the requirements listed below:
(1) Any changes to the line-item budget must advance the purpose of the Automobile Theft Prevention
Grant Program and must remain within the total dollar amount available for each fiscal year.
(2) Any fund transfers which exceed an annual amount of$10,000 must be approved in advance by
the State's Authorized Representative, and will not be effective until an amendment to this
Agreement has been executed.
(3) Total annual transfers of more than ten (10) percent of the amount from one line-item to another
line-item must be approved in advance by the State's Authorized Representative, and will not be
effective until an amendment to this Agreement has been executed.
(4) Total annual transfers of ten (10) percent or less of the amount from one line-item to another line-
item, and which do not exceed an annual amount of$10,000, are permitted without the approval
of the State's Authorized Representative. Transfers to a newly created line-item are not
permitted. At least ten business days prior to any transfer made under this clause, the Grantee
must inform the State's Authorized Representative in writing of the specific changes to be made.
(5) The State may refer approval requests for line-item transfer(s) to the Automobile Theft
Prevention Advisory Board to review for reasonableness.
(c) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily
incurred by the Grantee as a result of this grant contract will not exceed the amount Identified and
approved for travel in Exhibit A; provided that the Grantee will be reimbursed for travel and
subsistence expenses in the same manner and in no greater amount than provided in the current
"Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget
(MMB). 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.
(c!)Total Obligation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed $31,925.00.
4.2 Payment
(a)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 upon completion of services, but not more often than
monthly.The state fiscal year is July 1 to June 30 of each year.Amounts submitted on each invoice
must reflect goods ordered and services rendered prior to June 30 of each fiscal year. The final
invoice pertaining to each state fiscal year of this grant contract must be received by the close of
business on July 31 following the end of the fiscal year.
(b)The Grantee must promptly return to the State any unexpended funds that have not been
Automobile Theft Prevention Grant Program FY 16-17 2
accounted for in a financial report to the State due at grant closeout.
4.3 Contracting and Bidding Requirements Per Minn. Stat.§471.345, grantees that are municipalities as
defined in Subd. 1 must do the following if contracting funds from this grant contract agreement for any
supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or
maintenance of real or personal property:
(a) If the amount of the contract is estimated to exceed $100,000, a formal notice and bidding process
must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a
best value alternative, award a contract for construction, alteration, repair, or maintenance work to
the vendor or contractor offering the best value under a request for proposals as described in Minn.
Stat.§16C.28, Subd. 1, paragraph (a), clause(2);
(b) If the amount of the contract is estimated to exceed $25,000 but not$100,000, the contract may be
made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the
purchase or sale when possible, and without advertising for bids or otherwise complying with the
requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at
least one year after receipt thereof. Municipalities may, as a best value alternative, award a
contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering
the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1,
paragraph (a), clause (2) and paragraph (c);
(c) If the amount of the contract is estimated to be $25,000 or less, the contract may be made either
upon quotation or in the open market, in the discretion of the governing body. If the contract is
made upon quotation it shall be based, so far as practicable, on at least two quotations which shall
be kept on file for a period of at least one year after their receipt.Alternatively, municipalities may
award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor
offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1,
paragraph (a), clause (2);
(d) Support documentation of the bidding process utilized to contract services must be included in the
grantee's financial records, including support documentation justifying a single/sole source bid, if
applicable;
(e) For projects that include construction work of$25,000 or more, prevailing wage rules apply per;
Minn. Stat. §§177.41 through 177.44 consequently, the bid request must state the project is subject
to prevailing wage. These rules require that the wages of laborers and workers should be
comparable to wages paid for similar work in the community as a whole. A prevailing wage form
should accompany these bid submittals.
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 Brandon Johnson, Grant Manager, 85-7t'Place E, St. Paul, MN,
651-538-1611, or his 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.
Automobile Theft Prevention Grant Program FY 16-17 3
The Grantee's Authorized Representative is Jason Arras, Sergeant, 475 Gorman St., Shakopee MN
952-233-9454. 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 shall neither assign nor transfer any rights or obligations under this
grant contract without the prior written consent of the State, approved by the same parties who
executed and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendments 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 the State's 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. §16B.98, Subd.8, the Grantee's books, records, documents, and accounting
procedures and practices of the Grantee or other party relevant to this grant agreement or transaction
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 agreement, receipt and approval of all final
reports, or the required period of time to satisfy all state and program retention requirements, whichever
is later.
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. 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. The Grantee's response to the
request shall comply with applicable law.
10.2.intellectual Property Rights. Grantee represents and warrants that materials produced or used
under this grant contract do not and will not infringe upon any intellectual property rights of
another, including but not limited to patents, copyrights, trade secrets, trade names, and service
marks and names. Grantee shall indemnify and defend the State, at Grantee's expense,from any
action or claim brought against the State to the extent that it is based on a claim that.all or part of
the materials infringe upon the intellectual property rights of another. Grantee shall be
responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and
damages including, but not limited to reasonable attorneys'fees arising out of this grant contract,
amendments and supplements thereto,which are attributable to such claims or actions.
Automobile Theft Prevention Grant Program FY 16-17 4
If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee
shall, at the State's discretion, either procure for the State the right or license to continue using
the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be
in addition to and shall not be exclusive to other remedies provided by law.
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 immediately terminate this grant contract 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 Cause. The State may immediately terminate this grant contract if the State
finds that there has been a failure to comply with the provisions of this grant contract, that reasonable
progress has not been made or that the purposes for which the funds were granted have not been or
will not be fulfilled. The State may take action to protect the interests of the State of Minnesota,
including the refusal to disburse additional funds and requiring the return of all or part of the funds
already disbursed.
14.3 Termination for Insufficient Funding,The State may immediately terminate this grant contract if:
a) it does not obtain funding from the Minnesota Legislature; or
b) If funding cannot be continued at a level sufficient to allow for the payment of the services
covered here.
c) Termination must be by written 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 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's receiving that notice.
'15 Data Disclosure
Under Minn. Stat. §270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of
Automobile Theft Prevention Grant Program FY 16-17 5
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.
1. STATE ENCUMBRANCE VERIFICATION3. STATE AGENCY
Individual cedillas that funds have been encumbered es 4
required by Minn.Stat.§§16A.16 and 16C.O6. By:
/fes_,` (with delegated authority)
Signed:
^C Title;
Date: 6."r'� -I S
( ) 9:53a 1 / C u Date:
SWIFT Contract/PO No(s).
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:
•
Automobile Theft Prevention Grant Program FY 16-17 6
•
EXHIBIT A
SHAKOPEE PD
Approved 2016 Approved 2017 Total Approved
Pesonnel
Officer OT(192 hrs x$75) $ 7,200.00 $ 7,200.00 $ 14,400.00
Equipment over$5000
License Plate Reader $ 17,525.00 $ 17,525.00
Total $ 24,725.00 $ 7,200.00 $ 31,925.00
•
Automobile Theft Prevention Grant Program FY 16-17 7