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Resolution No. 2021-47 Grant for Auto Theft Investigator Resolution No. 2021-47 Authorizing the Acceptance of a Grant from the Minnesota Department of Commerce for an Auto Theft Investigator Whereas, pursuant to Minnesota Statute § 65B.84, the Minnesota Department of Commerce is empowered to provide grant funds to the City of Fridley under the Automobile Theft Prevention Program; and Whereas, automobile thefts have been increasing in the State of Minnesota and the cities of Fridley, Columbia Heights, and Spring Lake Park for the past two years; and Whereas, automobile thefts are often committed by organized groups and repeat offenders who drive recklessly, damage property and cause injuries, cross jurisdictional boundaries and frequently use stolen vehicles to facilitate other crimes; and Whereas, the technology needed to locate stolen vehicles and investigate these offenses frequently involves specialized equipment, training, and resources; and Whereas, the Minnesota Automobile Theft Prevention Grant has offered a grant to provide a full- time Auto Theft Investigator to the Fridley Public Safety Department, and investigations of stolen vehicle offenses will benefit by receiving said grant. Now, therefore be it resolved, that the City Council of the City of Fridley hereby authorizes the Mayor and the City Manager or their designee to accept a grant from the State of Minnesota, Department of Commerce, in the amount of $203,905. Be it further resolved, that such funds are to be used to fund a full-time Auto Theft Investigator with the Fridley Public Safety Department to investigate auto thefts in the cities of Fridley, Columbia Heights, and Spring Lake Park, a grant agreement substantially the same as the attached Exhibit A. Passed and adopted by the City Council of the City of Fridley this 14th day of June, 2021. _______________________________________ Scott J. Lund – Mayor ATTEST: Daniel Tienter – City Clerk Grant Contract State of Minnesota SWIFT Contract No. _______________ This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ("State") and Fridley Police Department 7071 University Avenue NE, Fridley, Minnesota 55432 ("Grantee"). Recitals 1. Under Minn. Stat. § 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 automobile theft related crirme. Grant awards pursuant to its Request for Proposals have been made for that purpose. 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 Minn. Stat. § 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, 2021, 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, 2023, or until all obligations have been satisfactorily fulfilled, whichever occurs first. The contract may be extended for up to an additional 3 years in increments as determined by the State, through a duly executed amendment. 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/ojp/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 Automobile Theft Prevention Grant Program FY 22-23 1 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. 2.3 Equipment (1) Definitions. Equipment and materials include items and supplies purchased with grant funds. This may include, but is not limited to, GPS trackers, cameras, computer software, ALPR’s, and bait cars. Capital equipment is defined as a single item purchased with a value of $5,000 or more. (2) Purpose. All equipment and materials purchased with grant funds shall be used primarily for the purpose of the grant for the entire duration of the term of the agreement. (3) Inventory. The Grantee shall place all equipment and materials having a value of over $100 purchased with grants funds on a grant property inventory form. The inventory form must be submitted with quarterly reports. The Grantee shall provide a copy of the grant inventory to the State’s Authorized Representative. (4) Inspection. The Grantee shall make all equipment and materials purchased with grants funds available for inspection by the State’s Authorized Representative. (5) Replacement. The Grantee is responsible for replacing or repairing property which is lost, stolen, damaged or destroyed. Any loss, damage or theft of equipment must be investigated and fully documented and made part of the official grant contract records. Stolen property must be reported promptly to the appropriate law enforcement agency and a copy of the report retained in the program files. (6) Discontinuation of Use During Grant Term. If the Grantee ceases using equipment (including capital equipment) or materials for the intended purpose during the term of the agreement, the Grantee shall contact the State’s Authorized Representative for disposition of property instructions. Disposition may include sale, transfer to the State, or transfer to another grantee. (7) Discontinuation of Use of Capital Equipment. Capital equipment must be retained in inventory for a five-year period or when the value of the equipment has depreciated to less than $5,000, whichever comes first. If the Grantee ceases using capital equipment for the intended purpose during this time, the Grantee shall contact the State’s Authorized Representative for disposition of property instructions. Disposition may include sale, transfer to the State, or transfer to another grantee. 2.3 Personnel If the grant provides funding for personnel, the funded personnel shall work on grant activities. Full- time funded positions must work exclusively on grant activities, excluding ancillary duties such as training, meetings, covering a court calendar, assisting others on a short-term project. Part-time or Automobile Theft Prevention Grant Program FY 22-23 2 overtime funding positions must keep a record of their hours spent on grant activities. The Grantee shall inform the State’s Authorized Representative of the staff names who are assigned to and funded by the grant. If staff are reassigned or discontinued for more than 14 days, the grantee shall promptly notify the State’s Authorized Representative. 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) $100,125.00 is available for fiscal year 2022 (2) $103,780.00 is available for fiscal year 2023 Grant funds available for fiscal year 2022 are permitted to be carried forward into fiscal year 2023 only upon written request and 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 must be approved in advance in writing by the State’s Authorized Representative and will not be effective until an amendment to this Agreement has been executed. (3) 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. (d) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $ 203,905.00. 4.2 Payment (a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the costs actually performed and the State's Authorized Representative accepts the invoiced services. Automobile Theft Prevention Grant Program FY 22-23 3 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) Unexpended Funds. The Grantee must promptly return to the State any unexpended funds that have not been 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 follow the law. For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. 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. 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 th The State's Authorized Representative is Joseph Boche, Grant Manager, 85-7 Place E, St. Paul, MN, 651-539-1605, 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. The Grantee’s Authorized Representative is Brian Weierke 7071 University Avenue NE, Fridley, Minnesota 55432. 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 Automobile Theft Prevention Grant Program FY 22-23 4 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. 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 Automobile Theft Prevention Grant Program FY 22-23 5 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. 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 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. 16 Other Provisions 16 Activities Requiring Prior Written Approval The following require prior written approval: (1) Material program modifications: a. Expanding your geographic area. b. Changing organizations involved in activities (expansion, contraction or revision) Automobile Theft Prevention Grant Program FY 22-23 6 c. Revising activities and timelines. d. Amending the number of activities or number of individuals you proposed to serve. e. Revising your target population. (2) Purchase of capital equipment. (3) Purchase of equipment not specified within the grant agreement. (4) Reallocation of funds from one line item to another. (5) Contracts of $5,000 or more. (6) Out of state travel when grant funds are used. (7) Disposal of equipment purchased with grant funds during the term of the grant. (8) Disposal of capital equipment at any time during the during the term of the grant, and for 5 years from the date of purchase of the equipment or when the equipment has a value less than $5,000, whichever comes first. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: ___________________________________________ (with delegated authority) Signed: _________________________________________ Title: __________________________________________ Date: ___________________________________________ 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: _______________________________________________ Phone: _____________________________________________ Email: ______________________________________________ Automobile Theft Prevention Grant Program FY 22-23 7 Exhibit A - Full-Time Investigator (Metro MN) Award FY 2022 FY 2023* Total Full Time Investigator $ 100,000.00 $ 100,000.00 $ 200,000.00 IAATI 1 Year Registration $ 55.00 $ 55.00 IAATI Certified Investigator Training & Registration $ 125.00 $ 125.00 IAATI 2022 Conference Registration - Chicago, IL $ 475.00 $ 475.00 IAATI 2022 Conference Travel (air, hotel, per diem, incidental) - Chicago, IL $ 3,000.00 $ 3,000.00 IAATI 2023 Conference Registration - Bloomington, MN $ 250.00 $ 250.00 TOTALS $ 100,125.00 $ 103,780.00 $ 203,905.00  Salary and benefits will be paid 25% per quarter.  *Pending approval of satisfactory performance as determined by State’s Authorized Representative by April, 2022. Automobile Theft Prevention Grant Program FY 22-23 8