HomeMy WebLinkAboutResolution 2001-83 - Adopting Snowmobile Safety Enforcement Program City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2001 - 83
MOTION BY MEMBER: Gmach —
SECONDED BY MEMBER: Thomas
BE IT RESOLVED, by the Council of the City of Corcoran, that the Corcoran Police
Department may enter into a grant agreement with the State of Minnesota, acting by and through
the Commission of Natural Resources for the project entitled "Snowmobile Safety Enforcement
Program" during the period from July 1, 2001 through June 30, 2002; and
BE IT FURTHER RESOLVED, by the Council of the City of Corcoran that Paul H. Schutte,
Chief of Corcoran Police Department, Susan Vergin, City Clerk, and Mayor Kenneth Guenthner
are hereby authorized to execute such agreements as necessary to implement the project on
behalf of the Corcoran Police Department; and
BE IT FURTHER RESOLVED, that the City of Corcoran hereby approves a donation by the
Minnesota Department of Natural Resources for the "Snowmobile Safety Enforcement Program"
in the amount of$1,000.00.
VOTING AYE VOTING NAY
x Bucher, John Bucher, John
x Gageby, David Gageby, David _
x Gmach, George Gmach, George _
x Guenthner, Ken Guenthner, Ken _
x Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared passed
on this 13th day of December , 2001.
i
Kenneth Guenthner, Mayor
ATTES :
.
usan Vergin, CMC, C. Clerk City Seal
STATE OF MINNESOTA
SNOWMOBILE SAFETY ENFORCEMENT
GRANT AGREEMENT
State Accounting Information:
Agency: DNR-Enforcement (R29) Fiscal Year: 2002 Vendor Number.
Total Amount of Contract:
Commodity Code: 023 - -
Object Code: 5 00
Accounting Distribution
Fund: 182
°rg 7714
Appr. 701 •
Activity: 7822
•
Processing Information: (Some entries may not apply.) Begin Date: 07/01/2001 End Date: 06/30/2002
Contract: CFMS A
Number/Date/Signature
(Individual signing certifies that funds have been
encumbered as required by Minn.Stat.§§16A.15 and 16C.05./
Payment:
Voucher#/Date/Entry Initials
GRANTEE Name and Address: Corcoran Police Dept
8200 Cty Rd 116
Corcoran,MN 55340
THIS Grant Agreement,and amendments and supplements thereto,is between the State of Minnesota,acting through its Department of Natural Resources, Division of
Enforcement (hereinafter"STATE")and Corcoran Police Department ,a Local Law Enforcement Agency,
not an employee of the State of Minnesota,address 8200 Ctv Rd. 116,Corcoran,MN 55340
(hereinafter"GRANTEE").
WHEREAS,under the provisions of Minnesota Statutes 97A.205,383.03,and Chapter 436,all law enforcement officers are authorized to carry out the provisions of Chapter
84 and the Snowmobile Regulations Rules,hereinafter referred to as the"Minnesota Rules,"promulgated by the Commissioner of Natural Resources,including patrol and
enforcement of the snowmobile rules and regulations,all hereinafter referred to as"Local Law Enforcement Agency Duties";and
WHEREAS,in connection with Local Law Enforcement Agency Duties,the GRANTEE must submit to the Department ofNatural Resources,Division ofEnforcement,a budget
to carry out the Local Law Enforcement Agency Duties;and
WHEREAS,Under the provisions of Laws of Minnesota 2001,Chapter 2,Section 2 Subdivision 10 the Department ofNatural Resources,Division of Enforcement is authorized
to grant funding to Local Law Enforcement Agencies for the purpose of snowmobile law enforcement activities;and
''-lEREAS,the GRANTEE has submitted a proposed budget to perform the Local Law Enforcement Duties to the State which is attached hereto as Form SG-009.
ADMIN. IOSIgrc.wpd (09/18/01) Grant Agreement (Aaencv/Div Contract Numberl
NOW,THEREFORE,it is agreed:
I. GRANTEE's DUTIES(Attach additional page if necessary,which is incorporated by reference and made a part of this agreement.) GRANTEE shall:
A. DUTIES:The GRANTEE shall perform the Local Law Enforcement Agency Duties as defined herein. These duties include enforcing all snowmobile statues,
regulations and rules,including but not limited to alcohol related offenses and illegal operation of snowmobiles. Work efforts are to be coordinated with Department
of Natural Resources Conservation Officers. An operation budget(SG-009)and Completion Report(SG-002)are to be completed and submitted to the State.
B. TERM:This agreement shall be effective under Term of Grant,as stated under section IV of this grant agreement Funds not expended by the later date shall be
returned to the State. In no case will expenses incurred outside of this agreement be funded by the State.
II. CONSIDERATION AND TERMS OF PAYMENT:
A. CONSIDERATION:Consideration for all services performed by GRANTEE pursuant to this Grant Agreement shall be paid by the STATE as follows:
1. COMPENSATION: Compensation in an amount not to exceed$ 1.000.00 ,based on the following computation:
A. Determined by Grant Funding Formula(SG-007) $ 1.000.00
B. Carried-over per Laws of Minnesota 2001,Chapter 2,Section 2 Subd. 10,claus 24.33-24.44 3 0
2. MATCHING REQUIREMENTS: (If applicable.) GRANTEE certifies that the following matching requirement for the Grant will be met by
GRANTEE.
NOT APPLICABLE
3. REIMBURSEMENT: Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE in performance
of this Grant Agreement in an amount not to exceed NOT APPLICABLE dollars(S );provided that
GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current
"Commissioners Plan,"promulgated by the Commissioner of Employee Relations. The GRANTEE shall not be reimbursed for travel and
subsistence expense incurred outside the State of Minnesota unless it has received prior written approval for such out-of-state travel from the
STATE.
THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPENSATION AND REIMBURSEMENTS TO GRANTEE SHALL NOT EXCEED:
One Thousand dollars(5 1.000.00 ).
B. TERMS OF PAYMENT
1. INVOICE: Payments shall be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance
of such services by the STATE's Authorized Representative pursuant to Clause VI. In addition,the following reports,records,and equipment
requirements are as such:
REPORTS:The GRANTEE shall promptly submit reports on both activities and expenditures when requested by the State.
RECORDS:The books,records,documents,and accounting procedures,and practices of the GRANTEE relevant to this grant shall be subject
to examination by contracting department,as well as the legislative and state auditors. Records shall be sufficient to reflect all costs incurred
in performance of this grant.
EQUIPMENT:The title to all items of equipment purchased with funds from this grant shall remain with the GRANTEE. All equipment
purchased entirely with these funds must be used only for snowmobile safety enforcement activities.
2. FEDERAL FUNDS: (When applicable.)Payments are to be made from federal funds obtained by the STATE through Title
of the Act of (Public law
and amendments thereto). Ifat any time such funds become unavailable,this Grant Agreement shall
be terminated immediately upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination,GRANTEE
shall be entitled to payment,determined on a pro rata basis,for services satisfactorily performed.
III. CONDITIONS OF PAYMENT: All services provided by the GRANTEE pursuant to this Grant Agreement shall be performed to the satisfaction of the STATE,as
determined at the sole discretion of its Authorized Representative,and in accord with all applicable federal,state and local laws,ordinances,rules and regulations.
The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory or performed in violation of federal,state or local law,ordinance,rule
or regulation.The State shall advance the GRANTEE the Amount of Payment as stated above for the activities stated in Laws of Minnesota 2001,Chapter 2,Section
2 Subdivision 10. Further detail on allowable expenses is stated in"Allowable Expenditures under the Snowmobile Safety Enforcement Program"(Form SG-004),
attached to this document and incorporated herein.
IV. TERM OF GRANT: This Grant Agreement shall be effective on July 1 ,2001 upon the date that the final required signature is obtained by the
STATE,pursuant to Minn.Stat.§16C.05,subd.2,whichever occurs later,and shall remain in effect until June 30 ,2002 ,or until all obligations set forth
in this Grant Agreement have been satisfactorily fulfilled,whichever occurs first. The GRANTEE understands that NO work should begin under this Grant
Agreement until ALL required signatures have been obtained and GRANTEE is notified to begin work by the STATE's Authorized Representative.
ADMIN. 1031grc.wpd (09/18/01) Grant Agreement (Agency/Div Contract Numberl
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V. CANCELLATION: This Grant Agreement may be canceled by the STATE or GRANTEE at any time,with or without cause,upon thirty(30)days'written notice
to the other party. In the event of such a cancellation,GRANTEE shall be entitled to payment,determined on a pro rata basis,for work or services satisfactorily
performed. Also,in the event of such a cancellation,the STATE shall be entitled to repayment,determined on a rata basis,of any funds initially advanced by the
STATE to the GRANTEE.
The STATE may cancel this Grant Agreement immediately if the STATE finds that there has been a failure to comply with the provisions of this Grant Agreement
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 ofMinnesota,including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed.
VI. STATE'S AUTHORIZED REPRESENTATIVE: The STATE's Authorized Representative for the purposes of administration of this Grant Agreement is
Captain Jeff Thielen . Such representative shall have final authority for acceptance of GRANTEE's services and if such
services are accepted as satisfactory,shall so certify on each invoice submitted pursuant to clause II,paragraph B. The GRANTEE's Authorized Representative for
purposes of administration of this Grant Agreement is Chief Paul H Schutte . The GRANTEE's Authorized Representative shall
have full authority to represent GRANTEE in its fulfillment of the terms,conditions and requirements of this Grant Agreement.
VII. ASSIGNMENT: GRANTEE shall neither assign nor transfer any rights or obligations under this Grant Agreement 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 Agreement,or their successors in office.
VIII. AMENDMENTS: Any amendments to this Grant Agreement shall be in writing and shall be executed by the same parties who executed the original Grant Agreement
or their successors in office.
IX. LIABILITY: GRANTEE shall indemnify,save,and hold the STATE,its representatives and employees,harmless from any and all claims or causes of action,
including all attorneys'fees incurred by the STATE,arising from the performance ofthis Grant Agreement by GRANTEE or GRANTEE's agents or employees.This
clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fulfill its obligations pursuant to this Grant Agreement.
X STATE AUDITS:Under Minn.Stat.§16C.05,subd.5,the GRANTEE'S books,records,documents,and accounting procedures and practices of the GRANTEE
relevant to this Grant Agreement shall be 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.
XI GOVERNMENT DATA PRACTICES ACT AND INTELLECTUAL PROPERTY: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 Agreement,and as it applies to all data created,collected,received,
stored,used,maintained,or disseminated by the GRANTEE under this Grant Agreement. 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.
I fthe 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.
XII. PUBLICITY AND ENDORSEMENT:Publicity.Any publicity regarding the subject matter ofthis Grant Agreement 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 Agreement.
Endorsement. The GRANTEE must not claim that the State endorses its products or services.
XIII. WORKERS'COMPENSATION: The GRANTEE certifies that it is in compliance with Minn.Stat.§176.181,su bd.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.
XIV. ANTITRUST: GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this
contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota.
XV. PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) Prime contractors are required to pay subcontractors pursuant to Minn.Stat.§16A.1245.
XVI. GOVERNING LAW,JURISDICTION AND VENUE: Minnesota law,without regard to its choice-of-law provisions,governs this Grant Agreement. Venue for all
legal proceedings out ofthis Grant Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota.
XVII. DATE DISCLOSI?RE: Under Minn.Stat.§270.66,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 ofstate 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.
XVIII. OTHER PROVISIONS: (Attach additional pages as necessary and incorporate by reference here.Otherwise insert the word"none.")
ADMIN. 1051grc.wpd (09118/01) Grant Agreement (Aeencv Thv Contract Number)
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IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
APPROVED:
1. GRANTEE: 2. STATE AGENCY:
GRANTEE certifies that the appropriate person(s)have executed the Grant Grant Agreement approval and certification that STATE funds have been encumbered as
Agreement on behalf of the GRANTEE as required by applicable articles, required by Minn.Stat.§§ 16A.15 and 16C.05.
by-laws,resolutions,or ordinances.
Local Law z:r. • Admini : .r
IIBy WA By(authorized signature):
Title: �° ,fir f t C `e Title: Director,DNR-Division of Enforcement•
Date: /,_3-e I Date:
Board/Council Chairperson
By: C/
Title:
Date: / /n
Auditor/Fiscal Officer
By: ,w
Title: iry C�LE.tE
Date: /.2• 3. 0/
Distribution:3 originals
1)Agency/OMB
2)Grantee
3)State Authorized Representative
ADMIN. 105Igtc.wpd (09/18/01) Grant Agreement (Agency/Div Contract Number)
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