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HomeMy WebLinkAbout1998-106.y t`. STATE OF MINNESOTA GRANT CONTRACT FOR OPERATION NIGHTCAP PROGRAM RESOLUTION 98-106 RESOLUTION AUTHORIZING EXECUTION OF GRANT CONTRACT Be it resolved that City of Sti_1lwater (Name of Organization/Local Unit of Government) enters into a Grant Contract with the Minnesota Department of Public Safety, State Patrol Division for the program entitled Operation NightCAP. Jay Kim61e, Mayor (Name and Title of Authorized Official) is hereby authorized to execute and sign such Grant Contracts, and amendments thereto, as are necessary to implement the program on behalf of City of Stillwater (Name of Organization/Local Unit of Government) of I certify that the above resolution was adopted by the City Council (Executive Body) City of Stillwater (Name of Organization/Local Unit of Government) SIGNED: Signa re Title ~1a-1/~~ Date on April 21, 198 (Date) WITNESSETH: Signatu e A ~u.lv Title Date ~ ,~ Accounting Information: STATE OF MINNESOTA GRANT CONTRACT Agency: P07 Fiscal Year: 1998 Vendor Number: 026147001 00 Total Amount of Contract: $2,240.00 Amount of Contract First FY: $2.240.00 Commodity Code: Object Code: Accounting Distribution 3: Fund: Appr: _ Org/Sub: Rept Cat: Atnount: Processing Information: (some entries may not apply) Commodity Code: Object Code: SB00 Accounting Distribution 1 Fund: 300 Appr: 538 Org/Sub: 5153 Rept Cat: 1408 Amount: $2.240.00 Requisition: ~ o'~"/ number / date /entry initials Contract: / / number / date /entry initials Commodity Code: Object Code: Accounting Distribution 2 Fund: Appr: _ Org/Sub: Rept Cat: Amount: Solicitation: number / date /entry initials Orders: ~baU-35~ /l~ number / date /entry initials (Individual signing certifies that funds have been encumbered as required by MS ~ 16A1 S) NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your social security number or federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This grant contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in approving the grant contract and the payment of state obligations. Grantee Name and Address: Citv of Stillwater. Police Department _______~__.____ 212 Fourth Street North. Attn: Police De~,artment Stillwater MN 55082 Social Security or Federal Employer I.D. No. Minnesota Tax I.D. No. (if applicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this grant contract internally, only offices that require access to the tax identification number AND all individuals/offices signing this grant contract should have access to this page. THIS GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Public Safety. State Patrol Division (hereinafter "STATE") and Citv of Stillwater Police Department, address 212 Fourth Street North. Attn: Police Department Stillwater. MN 5508? (hereinafter "GRANTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 is empowered to act as the appropriate agency responsible for the administration of the state's highway safety program and, consistent with state law may contract and cooperate with and act as agent for state and federal aeencies, political subdivisions and public and private organizations in order to effectuate the purposes of the National Highway Safet~Act of 1966 and any amendments or regulations thereto to the end that available federal money and other benefits for such purposes may be obtained; and WHEREAS, the STATE is in need of county and local law enforcement agencies' participation in an alcohol saturation program designed to arrest impaired drivers (Operation NiQhtCAPI; and WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein; NOW, THEREFORE, it is agreed: GRANTEE' S DUTIES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Clause VI of this grant contract) during the period January 1, 1998 through September 30, 1998. Saturation events shall include, but are not limited to: 1. One (1) saturation during Edgefest in May 1998, providing three (3) officers. 2. One (1) saturation during Lumberjack Days in July 1998, providing three (3) officers. B. Assist the STATE's district authorized representative in identifying qualified law . enforcement officers within GRANTEE'S agency who have a demonstrated proficiency and interest in arresting impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be licensed as provided by law. C. 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" labeled Attachment A of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Reimbursement will be made only for hours worked above and beyond regular duty shifts. D. Review GRANTEE's Officer Activity Reports and Daily 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. Minnesota Department of Public Safety, State Patrol Division -Operation NightCAP Grant Contract Page 1 E. 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. F. Co.~rdinate and participate in public information and media efforts with the STATE's district authorized representative as a part of each saturation event. G. GRANTEE acknowledges that all law enforcement officers participating in this program are Standard 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. H. GRANTEE shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in performance of this grant contract and shall provide al] necessary insurance for them. GRANTEE law enforcement officers, while on duty under this grant contract, are employees of the GRANTEE and not employees of the STATE or Federal government. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant contract shall be reimbursed by the STATE as follows: Reimbursement shall be made to GRANTEE for officer overtime rates, including fringe benefits, incurred in providing services pursuant to Clause I of this grant contract. This reimbursement shall be at the overtime rate stated for each officer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement will be made only for hours worked over and above regular duty shifts. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero Dollars ($0.00); provided, that GRANTEE shall be reimbursed for travel and st bsistence expenses in the same manner and in no greater amount than provided in the current "Non- managerial Unrepresented Employees Plan" promulgated by the Commissioner of Employee Relations. GRANTEE shall not be reimbursed for travel and subsistence expense incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. No reimbursement shall be made for salary costs incurred in traveling to and from saturation events. The total obligation of the STATE for all reimbursements to GRANTEE for participation in this program shall not exceed Two -1~housand Two 1-Iundred Forty Dollars ($"?,?40.00). Minnesota Department of Public Safety, State Patrol Division -Operation NightCAP Grant Contract Page 2 B. Terms of Payment. 1. 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 of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (7) working days following each saturation event. Invoices are to be submitted directly to the STATE'S district authorized representative. 2. Final claim for reimbursement must be submitted no later than October 15, 1998. The STATE shall reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentation including, but not limited to, the Officer Activity Reports (sample attached). 4. (When applicable) Payments are to be made from federal funds obtained by the STATE through the National Highway Safety Act of 1966 (Public Law 9-564) and amendments thereto. If, at any time, such funds become unavailable, this grant contract 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. 5. There will be no holiday pay. III. CONDITION OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. 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. IV. TERMS OF CONTRACT This grant contract shall be effective on January 1, I9~R, or upon the date that the final required signature is obtained by the STATE, pursuant to MS § 16B.06, subd. 2, whichever occurs later, and shall remain in effect until September 30, 1998, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION This grant contract 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. Minnesota Department of Public Safety, State Patrol Division -Operation NightCAP Grant Contract Page 3 VI. STATE'S AUTHORI ED REP FSENTATIVES The STATE's authorized representative for the purposes of administration of this grant contract is Wanda Hansen. Federal Projects Coordinator. Minnesota State Patrol, telephone number 612-297-1748, or her successor in office. Such representative shall have authority for acceptance of GRANTEE'S services and, if such servi~~~ are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. Ja~Swanson, telephone number 612-779-5908, or their successor in office. Such representative shall be responsible for scheduling saturations and ensuring STATE supervision is present at each enforcement event, as well as identifying qualified state patrol, county and local law enforcement partners to be involved in each saturation. VII. GRANTEE' A THORIZED REPRESENTATIVE The GRANTEE'S authorized representative for the purposes of administration of this grant contract is Sgt. Bruce KlosowskX, telephone number 612-439-1314. The GRANTEE's authorized representative shall have full authority to represent GRANTEE in its fulfillment of the term, condition and requirements of this grant contract. VIII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the STATE. IX. AMENDMENTS Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original grant contract, or their successors in office. X. LIABILITY GRANTEE agrees to indemnify and save and hold the STATE, its authorized 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 of this grant contract 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 fulf 11 its obligations pursuant to this grant contract. XI. STATE A DITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department and the Legislative Auditor. XII. DATA PRACTICES ACT The GRANTEE agrees to comply with the Minnesota Data Practices Act as it applies to all data provided by the STATE in accordance with this grant contract and as it applies to all data created, gathered, generated or acquired in accordance with this grant contract. Minnesota Department of Public Safety, State Patrol Division -Operation NightCAP Grant Contract Page 4 XIII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The S"1'r1"I'E shall own all rights, title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others a;~d ~, :ch arise out of the performance of this grant contract, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material and other work in whatever form (hereinafter "the MATERIALS"). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute ail papers and perfcrY,, all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by Iaw for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually or jointly with others, shalt be considered "works made for hire" as defined by the U.S. Copyright Act. All of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used fr~r any purpose other than performance of the GRANTEE'S obligations under this grant contract without the prior written consent of the STATE'S authorized representative. B. GRAN"CEE 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 will 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 alt such claims, demand, obligations, liabilities, costs and damages including, but not limited to, reasonable attorney 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. XIV. PUBLICITY Any publicity given to the program, publications or services provided resulting from this grant contract including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE or its employees, individually or jointly with others or any subcontractors, shalt identify the STATE as the sponsoring agency and shall not be released, unless such release is a specit:ic part of an approved workplan included in this grant contract prior to its approval by the STATE's authorized representative. Minnesota Department of Public Safety, State Patrot Division -Operation NightCAP Grant Contract Page 5 XV. AFFIRMATIVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.073. It is hereby agreed between the parties that Minnesota Statutes, Section 3b3.073 is incorporated into this grant contract by reference. XVI. WORKERS' COMPENSATION In accordance with the provisions of Minnesota Statutes, Section 17~~. 1. S2, the STATE affirms that GRANTEE has provided acceptable evidence of compliance ~t-ith the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, subd. 2. XVII. AI~TTITRjJST 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 grant contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust Laws of the State of Minnesota. XVIII. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS A. GRANTEE must comply with the Federal Audit Requirements as stated in Attachment B of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Minnesota Department of Public Safety, State Patrol Division -Operation NightCAP Grant Contract Page 6 IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certif es that the appropriate person(s) have executed the grant contract on behalf of the GRANTEE as reciuired by applicable articles, by-la~~~s, resolutions or ordinances Bv: 3. ATTORNEY GENERAL: Approved to sign on behalf of the Attorney General as to form and execution By: Title: Date: 2. STATE AGENCY: By: (authorized signature) Title: Date: Distribution: Agency -Original contract(fully executed) Grantee State Authorized Representative Title: Date: A certified copy of the resolution authorizing the GRANTEE to enter into this grant contract and designating person(s) to execute this grant contract must be attached hereto. A sample resolution form is attached hereto. Minnesota Department of Public Safety, State Patrol Division -Operation NightCAP Grant Contract Page 7 „. ~~ TEL:612-779-5925 Jan 26'98 10:37 No.015 P.02 Y~ v ~;?'`~ Attachment A ~pea•~trioz~ 1, -J ~~ --~ ~fi~ I ~ 1 ~r~A~ ~ersor~ne~ Rt~ster 1 7 4 5 b 7 8 9 11 1' 1; t; 1i i..vxi t;`1?fl :i ;~fY' ;Fry, f' 1 W a t ~ r P~ ~ ~.' g OFFICER NAME 6ADGE # HOURLY RATE OT MOUaUY RATE* FRINGE BENEFIT DATE`" S } Bruce Klo w t vs Sgt. Craig Paterson inv. Davin Miller Inv. ,7effra Stsnder 8338 70451 ~ 22.24 20.94 33 31,41 00 Znv. Christc her Felsch 11 Off. Jeffre Ma ler off. Scott Parker• ~ 0.83 9.00 ~ Off . Todd 8 'orkmah 1 1 2 off. Carla Cincotta 1283 13 " Complete even if the same as Hourly Rate "" Fringe Benefit Rate Breakdown: ~% -% % -- - over Attachment B FEDERAL AUDIT REQUIREMENTS For subrecipients who are state (includes Indian tribes) or local governments If the grantee receives total direct and indirect federal assistance of: `* Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502} and federal Office of Management and Budget (OMB) Circular A-128. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee government, it may cover departments, agencies or establishments that received, expended or otherwise administered federa! financial assistance during the year. 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 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 for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals or other nonprofit organizations if the grantee receives total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was received under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequent than every two (2) years. 3. All audits 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 General Accounting Office's Standards for Audit of Governmental Organizations Programs Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 or A-133, as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 60, "Special Reports," as applicable. Attachment B The reporting requirements for audit reports on compliance and internal controls shall be in accordance with AICPA SAS 63, "Compliance Auditing Applicable to Governmental Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units." 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 cct~~ments 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. 5. 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 and OMB Circular A-128 and Circular A-133, as applicable. 6. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and the OMB Circular A-128 or A133, as applicable. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety within thirty (30) days after the completion of the audit, but no later than one (1) year after the end of the audit period. 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 9. Recipients of more than $300,000 in federal funds are to submit one (1) copy of the audit report within thirty (30) days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn.: Single Audit Clearinghouse 2 . ti ~~~lr~~Il©:rn ~e~'Ie~~~1®® Officer Activity Report Offficer/ I' 13i trict! Bad e #: A enc :Date ( i=vent Start Time 'End Time T~ta1 Nours;Worked ~ `x Officer's Overtime Rate ~ : ~ Total $ Amount :Begin recording daily activity'on back of form. Enforcement Activities Summary: ?Chlid; Other ;.: ,..: Seat 13e[ts ~ Restraints Speeding DWl (than tt,ose Totals ~ listed below) 'tlt(artxngs '<~Cttatians =Arrests N1A '. N/A ' ' NSA ~ Mis: {gin custody) NfA N/A (:> NIA Gross: ::.dotal s> .::.:;;:>: - * Other Explanation(s): Other Arrests :f=irearm Violations Stolen Vehicles Outstanding Warrants `' 'DARIDASLDAC Drugs N/A Minor`Consumption - Zero Tolerance N/A Total # of :Vehicles Stopped: Comments: (t \users\whansen\nightcap\ofcr-act doc( Page _ of ~~~~°~~n©~~ .~~~~ ~,® Daily Activity Log Vehicle (W)arning/ Time License Vehic{e (C)itation/ Reason # Make (A)rrest (I tusers~whansenwghtcap~oty-act ooc) Page of , ~~(D(~lC'~~Il®R~ ~ot~l~l"C~1~~ Daily Activity Log Vehicle (W)arning/ Time License Vehicle (C)itation/ Reason # Make (A)rrest ~f \users\whansen\rnghlwp\olcr-act doc) Page of - -.~~®~~~e~ Daily Activity Log Vehicle (W)arning/ Time License Vehicle (C)itation/ Reason # Make (A)rrest (t Wsers~whansenlnighicaplolcr-act doc) Page ` of .. , ,~ ~j[D~II°~I~Il~ID211 \i~~1~rC~~~ Invoice invoice Date: Sa#uration Date: 5aturatior~ Event: (as applicable} Agency Name( Address: Stillwater Police Department 212 4th Street North Stillwater, MN 55082 TOTAL' TOTAL FEDERAL FUNDS' EXPENSE>' INVOICE HOURS iNVO1CE AMOUNT >ALLOCATED Overtime -County. $ $N(A (as applicable Overtime -Local $ $2;240.00 (as appl3cabie) (Attach a copy of all related Officer Activity Reports) This block for State Use OnCy Vendor Number 'SFY: > 98 Order Number: Agency; P07 Fund: 300 Org: 5753 ~ Appr: 538 Rept Cat: 7408 APPRQVAl. SfGNATURES Agency Authorized Representative Date District Authorized Representative Date State Authorized representative Date Federal Projects Director Date Financial Officer Date OTS Coordinator Date REMlT TO: Operation NightCAP Coordinator Minnesota State Patrol 3489 Hadley Avenue North Oakdale, Minnesota 55128 Phone: (612) 779-5908 Fax: (612) 779-5925