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99-744aR��at Retum Copy To: Police Dept. Accounting RESOLU'I'ION OF SAINT PATI,, NIINNESOTA Presented By: Referred To: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Committee:Date: �� Wt1�1tF.AS, the Saint Yaul YoGCe llepartment wishes to enter mto an agreement wrth the (,rty oF Minneapolis to provide law enforcement services targeting methamphetamine pmduction and tratficldng from January 1,1999 thmugh December 31,1999; and WHEREAS, the City of Minneapolis has received a Federal grant that will be used to reimburse the Saint Paul Police Department for overtime and equipment; and WfIEItEAS, the Saint Paul PoSice Department desires to establish a spending and financing plan for the services provided to and mimbursed by the City of Minneapolis; and WFIEREAS, The Mayor pursuant to Sec6on 10.07.1 of the Charter of the City of Saint Paul, dces certidy that there are available for appmpriation funds of $44,049 in ezcess of those estimated in the 1999 budget; and WHEREAS, The Mayor recommends that the follo�ring addition be made to the 1999 budget: CURRENT AMENDED FINANCING PLAN: BIIDGET CHANGES BUDGET 001-General Fund 04100-Operations 4399-Services N.O.C. 42,689 44�049 86,738 SPENDING PLAN: 001-General�nd 04100-Operations 0141-Overtime 0439-Fringe Benefits OS4S-Other Specialized Equipment r . r 926,050 25,000 951,050 6,417,195 4,049 6,421,247 12,100 15,000 27,100 7,355,3 8 44,049 7,399,397 TfIEREFORE BE IT RESOLVED, that the City Council authorizes Cluef William F�nney to enter into an agreement with the City of Minneapolis, and accepts the changes to the 1999 budget Adoption Ce� By: � Approved by By: CouncilFile# qQ � �� Green Sheet # 8223 by Council Requested by Depa men� 08 / By: - Ap R�ca�ed-b}] By: +^ Fo ved by G�t�tt� � I s ��i�� mMhamphetamineovertime.cr.99 AdoptedbyCouncil:Date: '�, �{ \9q' ,,� , 7/13/99 GREEN SHEET No. 8223 INIiIAL/DAiE , INfMUDA7E 292-3588 Nl41LXGGVUACT(UAIC) - L ASf� I ■ J K11YATfO1QlEY � ^� �CIERK L� , L �Mne�LSEaxcE4mt , O �cNR�RLSrm�xcrc L� `i 1 4 WYOR(oRaffia� �IIU1NwcIRs 4i� TOTAL # OF SIGNATURE PAGES 1 REQUESTED (CLIP ALL LOCATIONS FOR SIGPdATURE) Approval of the attached council resolution authorizing the Saint Paul Police Deparhment to enter into an ageement with the Ciry of Minneapolis and establishing a financing and spending plan for the agreement. 1. Has this person(firtn ever woticed uMer a contractfor ihis department2 PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persa�rm ever 6een a city employee7 CtVIISERVIGECOMMISSION YES N� 3. Dces this persoNfirm possess a sldll trot normally possessed by any curten[ cM1y employee? YES NO 4. IS this perso�rm a targeted vendoR YES NO E�lain all yes answers on separdte sheet and atlach to green sheet The Saint Paul Police Department wishes to enter into an agreement with the City of Minneapolis to provide law enforcement targeting methamphetamine production and trafficking from 7anuary 1, 1999 through December 31, 1999. Minneapolis ftas received a Federal Methamphetamine Initiative Program Grant that they will use to reimburse the Saint Paul Police Department for overtime and equipment. Ability to use grant funding and partnerslrip with the City of Minneapolis. None. �:„ -:�;: ,�, �� € ��'� � L, �n d _ � } a Lost opportunity to work with the City of Minneapolis to reduce methamphetamine production and trafiicking. IOUNT OF TRANSACTION $ 44,049 souRCe Ciry of Miuueapolis Federal gznt �� COSTIREVENUE BUDGETED (CIRCLE ON� YES NO CiOUfiCl� �BSB&�C i �8�i2 ACTMTYNUMBER 04100 JUL 2 °� 1999 t �_ �- _ __ v MINNEAPOLIS POLICE DEPARTMENT 350 South Fifth Street - Room 130 Minneapolis Minnesota 55415-1389 (612) 673-2553 ROBERT K. OLSON CHIEF OF POLICE ►a�; t� '�` b k� ��r � �..f �� ` \ �/ MPD Narcotics Unit July 2, 1999 To Whom It May Concem: ^ G, Y p _'i �t`� minneapolis � city of lakes It is my understanding that the City of St Paul has already agreed to accept $3,000.00 worth of equipment as specified in the COPS Methamphetamine {nitiative Grant. The St Paul Police Department, specifically the St. Paul Narcotics Unit, as a member of the COPS Methamphetamine Initiative Grant, is eligible to share with its partners, the Minneapolis Police Department, Hennepin County Sheriff's Department and the Ramsey County Sheriff's Department, $150,000.00 for pre-approved methamphetamine investigations overtime. There is not a specific amount of money allotted for each agency. Because of money not used by another partner agency, the Methamphetamine Initiative Grant mav be ab{e to reallocate money and give the City of St. Paut Potice Department approximately $12,000.00 to buy equipment This equipment is to be used for the UniYs efforts in investigating methamphetamine drug cases. However, none of this money can be given to the St. Paul Police Department until the signed contract is retumed. The $3,000.00 will be available when it is retumed as will the approximately $12,000.00 (if approved by COPS). The $150,000.00 is already being depleted on a bi-weekly basis. Piease feel free to cali me with questions. Sinc,�Tely, - i�j. .�� .� �. � Lt. Isaac de Lugo MPD Narcotics, Commander (612)673-3577 TDD (612) 673-2157 AFFIRMATIVE ACTION EMPLOYER � Aecycled Paper 3DY Post Consumer Fibei r � Lt. Isaac d�itlgcf 309 Second Avenue South B-10 �v p� CONTRACT BETWEEN THE CITY OF MINNEAPOLIS � �'c.11� � ` '! 1 CITY OF ST. PAUL EOR GRANT FUNDED SERVICES THIS AGREEMENT, entered into this day of , 1999, by and between the City oi Minneapolis (herein called the "Cit�') and City of St. Paul, (herein called the ��Contractor" ) - WHEREAS, the City has received certain grant funds; from the U.S. Department of Justice, Of£ice of Community Oriented Policing Services (COPS) Methamnhetamine Initiative program, to provide law enforcement targeting methamphetamine production and trafficking ; and WHEREAS, the Contractor has represented itself as competent to provide the services required by that certain grant; and WHEREAS, the City wishes to engage the Contractor to provide said services; v NOW THEREEORE, it is aqreed between the parties hereto that; I II TIME OF PERE'ORMANCE Services of the Contractor shall start on the first day of January 1999 and shall continue until the thirty-first day of December 1999 or until terminated by either party as provided for in Part II, General Conditions, attached hereto. NOTICES Communication and details concerning this contract sha11 be directed to the following contract representatives: CONTRACTOR Amy Brown St. Paul Police Department 100 E. I lth Street St. Paul, MN 55101 CITY OF MZNNEAPOLIS Wendy Guck Minneapolis Police Department 350 South Fifth Street, Rm 210 1/2 Minneapolis, MN 55415 1 qq-��4 III. SCOPE OF SERVICE AND COMPENSATION The Contractor will provide the following services: 1) Ta purchase by the St. Paul Police Department equipment . authorized under this contract for use in the investigation of cases involving the possession, sale or trafficking of inethamphetamine. 2) To purchase surveillance and other equipment for use in methamphetamine investigations. The Contractor will be compensated not to exceed the following: 1) Protective cover suits for `first responders' 53,000 2) Equipment for methamphetamine investigations $12,000 Total $15,000 IV, TgAVEL AND OVERTIME COMPEI3SATION Funds for overtime compensation for Title III methamphetamine investigations and other qualifying methamphetamine investigations and travel and training . expenses may be available through the City. Eligibility and authorization for such funds will be determined by the City. Available overtime funding to be shared by participation 1aw enforcement agencies under this qrant total $150,000. Available training funds total $10,000. V. TERMS AND CONDITION5 This contract is subject to and incorporates all the terms and conditions set forth in Part II General Conditions attached hereto, as well as those conditions in Part III Special Conditions, which is also attached hereto. 2 � q�-�y`i IN WITL•IESS WHERE�E, the Parties have executed this contract as of the date first written above. COI3TRACTOA CITY OF MINNEAPOLIS Fed. Id#: By: � Mayor Its: i' \ test: (date) City Clerk (date) signed: Fina e Of£icer (date) Approved as t Form: Assistant City At rney (date) 3 PART II - GENE�AL CONDITIONS �t q -'1��{ i� crrY RIGHTS The City reserves the right to cancel the Contract without penalty, if circumstances arise which prevent the City from completing the project. 2) HOLDHARMT The Contractor shall agree to defend, indemnify and hold hannless the City of Minneapolis, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attomey's fees, resulfing directiy or indirecdy from an act of omission of the contractor, its employees, agents or employees of subcontractors, in the performance of this contract by reason of the failure of the contractor to fully perform, in any respect, all of its obligations under this contract. The City agrees to defend and hold harmless insofar as the law allows the Contractor, its officers and empioyees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting duectly or indirectly from an act or omission of the City or its employees in the performance under this contract or by reason of the failure of the City to fully perform its obligations undee this contract. 3) INTER�ST OF MEMBERS OF CITY The Contractor agrees that no member of the governing body, officer, employee or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Gontract. 4) EQUAL OPPORTUNITY STATEMENT Contractor agrees to comply with the provisions of a11 applicable federal, state and City of Minneapolis statutes, ordinances and regulations pertaining to civil rights and nondiscrimination including without limitation Minnesota Statutes, Section 181.59 and Chapter 363 and Minneapolis Code of Ordinances, Chapter 139, incorporated herein by reference. 5) AFFTRMATIV� ACTION/EMERGING SMALL BUSINESS GOALS The Contractor shall agree in writing to comply with all affirmative action laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, specifically including Section 139.50 of the Minneapolis Code of Ordinances. A pre-compliance review may be required. The City of Minneapolis has determined that a twenty-four percent (24% as approved by the City Council effective July, 1995) Emerging Smatl Business sub-contracting goal shall be adopted and pursued by companies and persons submitting proposals. Upon request, a person intending to submit a bid shall be supplied with an Emerging Small Business directory. The person ar entity submitting a proposal shall be required to utilize certified Emerging Small Business in at least twenty-four percent (24%) of any sub-contracts related to its proposal, and if it is unable to do so, it shall fully document its effort in soliciting such sub-contracts. Requests for waivers oi Affurnative Action/Emerging Small Business goals should be addressed to the Civil Rights Department. 6) NON-DISCRINIINATION aq-��y The Contractor will not discriminate against any employee or appiicant for employment because of race, color, creed, religion, ancestry, sex, narional origin, affecrional preference, disabiliry, age, matital status or status with regazd to public assistance or as a disabled veteran or veteran of the Vietnam era. Such prohibition against discrimination shall include, but not be limited to, the follow employmenf, upa ading, demotion or transfer, recruitment or recmitment advertisirig, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City, setting forth this nondiscrimination clause. In addition, the Vendor will, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, ancestry, sex, national origin, affectional preference, disability, age, marital status or status with regazd to public assistance or status as disabled veteran or veteran of the Vietnam era, and comply in all other aspects with the requirements of the Minneapolis Code, Chapter 139. 7) CONTRACT INCORPORATION OF PROPOSAL CONTENTS The content of the Proposal submitted by the Contractor is part of the contractual obligation and is incorporated by reference herein into this agreement as if fully set forth. 8) INSURANCE The Contractor acknowledges that it is self-insured. Minnesota Statutes as applicable limit the liabilities of the Contractor. 9) TRANSFER OF INTEREST The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City, provided, however, that claims for money due or to become due to the Contractor may be assigned to a bank, trust company or other fmancial institution, or to a Tnxstee in Baukri.iptcy without such approval. Notice to any such assignment or transfer sha11 be furnished to the City. 10) COMPLIANCE REQUIREMENTS All contractors hired by the City of Minneapolis are required to abide by the regulations of the Americans with Disabilities Act of 1990 (ADA) which prohibits discrimination against individuals with disabilities. The Contractor will not discriminate against any employee or applicant for employment because of their disability and will take affirmative acrion to insure that all employment practices are free from such discrimination. Such employment practices inciude but aze not limited to the foliowing: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, discharge, compensation and fringe benefits, classification, referral and training. The ADA also requires contractors associated with the City of Minneapolis to provide qualified � � 9q-1yy applicants and employees with disabilaties with zeasonable accommodation that does not impose undue hazdship. Contractors also agree to post in a conspicuous place, accessible to employees and applicants, notices of their policy on non-discrimination. The above requirements also apply to the Minnesota Human Rights Act, Minn. Stat. C. 363. In the event of the Contractor's noncompliance with the non-discrimination clauses of this contract, this contract may be canceled, terminated, or suspended, in whole or part, and the Contractor may be declared ineligible by the Minneapolis City Council from any futther participation in Ciry contracu in addirion to other remedies as provided by law. 11) GENERAY. COMIVYPLIANCE The Contractor agrees to comply with all applicable Federal, state and local laws and regulations governing funds provided under this contract. 12) PERFORMANCE MONITORING The City will monitor the performance of the Contractor against goals and performance standards required herein. Substandazd performance as determined by the City wil] constitute non- compiiance with this agreement. If action to correct sucfi substandard per£ormance is not taken by the Con�actor within a reasonable period of tnne after being notified by the City, contract temunation procedures will be initiated. 13) INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship or employer/employee between the parties. The Contractor shall at a11 times remain an independent contractor with respect to the services to be performed under this agreement. The City sha11 be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers° Compensation Insurance as the Contractor is an independent contractor. 14) WORKERS' COMPENSATION The Contractor shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. 15) TERMINATION Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effec6ve date thereof at least thiriy days before the effective date of such termination. In that event, ali finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepazed by the Contractor under this agreement shall, at the option of the Ciry, become the property of the City, and the Contractor shall be entifled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to tfie termination. 3 �t�-��ty 1G) ACCOiTiVTING STANDARDS , The Contractor agrees to maintain the necessary source documentation and enforce sufficient intemal controls as dictated by normally accepted accounting practices to properly account for expenses incurred under this contract. 17) RECOI2D I2ETENTION The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findinas. Records for non-expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. Records for any displaced person must be kept for three years after receiving final payment. 18) DISCLOSURE The Contractor understands that some information coliected under this contract may be non-public or private data and the use or disclosure of such information, when not directly connected with the administration of the City or Contractor responsibilities with respect to services provided under this contract, is prohibited by the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 19) AUDIT All Contractor records with respect to any matters covered by this agreement shall be made available to the City ar its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 20) CONFLICT OF PROVISIONS In the event that provisions contained in this Agreement, the Request for Proposals or the Contractor's Proposal aze in conflict, the following will have precedence: 1) Agreement, 2) Proposal, 3) Request for Proposals. C:I WP51 LYIII-GC-97.DOC (11lZ3PJ6) 0 FederaF/State PART III - SPECIAL CONDITIONS L GENERAL COMPLIANCE (Rev. 5/18/98) 9q-��ty The Contractor agrees to comply with the requirements of all applicable Federal and State re�ulations and policies issued pucsuant to gracrt funds in this conhact. The Contrnctor further a�rees to utilize funds available under this contract to supplement rather than supplant funds otherwise available. lI. ADNIINISTRATIVE RESTRTCTIONS A. Redundant Payments The Contractor understands that payment will not be available for costs that aze being claimed by the Contractor on another contract for substantially the same service and/or outcome. B. Profit Contractor revenues in excess of cosu eamed under this contract are to be treated as program income. Such income may be used to underwrite additional services provided that these services are consistent with the purposes of the program that generated them and aze in conformance with the conditions stated herein. The Contractor must report such income to the City and maintain records which account for its use for possible audit. Such income not used during the "time of performance" of this contract is to be retumed to the City. C. Fees The Contractor is prohibited from chazging an enrolled individual a fee for refenal or program services. D. Voter Registration The Conhactor shall provide voter registration services for employees and proeram participants encountered in the performance of this contract. Non-partisan assistance shall be provided, including routinely asking employees and members of the public served if they would like to register to vote, providing them with a registration form, and assisting them in completing the form. III. SPECIFIC FEDERAL REQUIREMENTS A. Section 504 The Contractor agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination a�ainst the handicapped in any federally assisted program. The City shall provide the Contractor with any guidelines necessary For compYiance with that portion of the regulations in force during the term of this contract. B. H[atch Act The Contractor aa ees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 1 �q-�y� C. Regulations The Conhactor agrees to comply with the requiremenu, as applicable, of: AMERICANS WITH D7SABILITIES ACT OF 1990. FXFCUTIVE ORDER 12259 - LEADERSHIP AND COORDINATIDN IN FEDERAL HOUSING PROGRAMS EXEC(1TIVE ORDER 12549 - DEBARMENTAND SUSPENSION, 29 CFR PART 98. EXECUTIVE ORDER 12800 - NOTLCE TO EMPLOYEES. FEDER,4L FAIR LABOR ST,9NDARDS ACT FOR MINIMUM WAGE AND MAXIMUM HOURS PROVISIONS. OMB CIRCULAR A-2I - COST PRINCIPLES FOR EDUCATIONAL 7NSTITUTIONS OMB CIRCULAR A-87- COST PRINCIPLES FOR STATEAND LOCAL GOVERNMENTS. 24 CFR Part 84 - UNIFORM ADMINISTR.4TIVE REQUIR�MENTS FOR GR,4NTS AND OTHER AGR�EMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATCONS. OMB CIRCULAR A-122 - COST PRINCIPLES FOR NONPROFIT ORGANIZATION5. OMB CIRCULAR A-128 - AUDITS OF STATE AND LOCAL GOVERNMENTS. OMB CIRCULAR A-133 - AUD7TS OF INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT ORGANIZATIONS. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. SECTION 109 OF TITLE! OF THE HOUS7NC AND COMMUNITYDEVELOPMENT ACT OF 1974. TITLE VI OF THE CIVIL RTGHTS ACT OF 1964. TITLE VIIIOF THE CIVIL /tIGHTSACT OF I968. USDI3EW OASGS - COST PRINCIPLES AND PROCEDURES FOR ESTABLISFIING INDlRECT COST AND OTHER RATES FOR GRANTS AND CONTRACTS WITH THE DEPT. OF HEALTH AND HUMANSERVICES. USDHEW OASC-10 - COST PRINCIPLES AND PROCEDURES FOR ESTABLISHLNG COST ALLOCATION PLANS AND INDIRECT COST RATES FOR GRANTS AND CONTRACTS WITH THE FEDERAL GOVERNMENT. 24 CFR PART 85 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STiI TE, LOCAL AND FEDERALLYRECOGNIZED INDIAN TRl'BAL GOVERNMENTS. 99 -1yy D. Record Keeping The Contractor agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract meet the requiremenu of The Federal Department of Justice, Office of Communiry Oriented Policin� Services (COPS) Mehtamphetamine Initiative and the Ciry of Minneapolis. Financiai and narrative pro�ess reports will be submitted on a quartedy basis to the grant adminisvators in the Minneapolis Police Departrnent E. t�Iotice to Employees The Contractor agrees to comply with Executive Order 12800 which requires that all federal contractors, subcontractors and vendors post a notice to employees which meets the following requirements: It must be set foRh on paper no smaller than 20" x 24", use type that is at least as easily visible and readable as 48 point Korinna type (with the caption in type that is at least as easily visible and readable as 72 point Korinna boldface caps) and be posted in conspicuous places in and about their plants and offices, including all places where notices to employees are customarily posted. Following is the text of the required Notice: Notice to Employees Under federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-securiry agreement reguiring employees to pay unijorm periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to coilective bargaining, contract administration, and grievance adjustment. Ifyou believe that you hme been required to pay dues or fees used in part to support activities not related to collective bargaining, conu•act administration, or grievance adjustment, you may be entitle to a refund and to an appropriate reduction in fuCure paynaents. For further information concerning your rights, you may wish to contact either a Regional Office of the Nationa[ Labor Relatioru Boards or: National Labor Relations Board Division oflnformation 1717 Pennsylvania Avenue NW Washington, DC 20570 The last sentence of the Notice, however, shaS1 be omitted in notices posted in the plants or offices of carriers subject to the Raifway Labor Act, as amended (45 U.S.C. 151 et seq.). The Contractor further agrees to comply with the Executive Order 12800 requ¢ement that federal contractors and subcontractors inciude a clause in federaily connected subcontracts and purchase orders requixing subconhactors and cendors to post the notice also. 3 aq -��y Certification Regarding Lobbying - Before the Ciry releases any of the funds covered by this agreement, the Conu�actor shall sign the following certification statement: The undersi�ned hereby certifies, to the best of his or her knowledge and belief, that: �(1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID, OR WILL BE PAID, BY OR ON BEHALF OF THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF AN AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITA THE AWARDING OF ANY FEDERAL CONTT2ACT, THE MAHING OF ANY FEDERAL GRANT, THE MAHING OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT. (2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID TO ANY PERSON FOR INFLITENCING OI2 ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF ANY AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE AND SUBMIT STANDARD FORM-LLL, "DISCLOSURE FORM TO REPORT LOBBYING; ' IN ACCORDANCE W1TH ITS INSTRUCTIONS. (3) THE UNDERSIGNED SHALL REQ[JIRE THAT THE LANGUAGE OF TAIS CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING SUBCONTRACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. This certification is a materiai representation of fact upon which reliance was placed when this transaction was made or entered into. Submission af this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. IN WITNESS WHEREOF, I have set my hand this � (date) TITLE: FOR: (Organization) G. Certification Regarding Debarment - Before the City releases any of the funds covered by this agreement, the Conh shall sign the foliowing certification statement: �� •�� y The undersigned hereby certifies, to the best of his or her knowledge and belief, that: CertiFcation Re�azding Debarment, Suspension, and Other Responsibility Matters Pritnary Covered Transactions This certification is required by the regulations implementin� Executive Order 12549, Debarment and Suspensioq 29 CFR Part 98, Section 98.510, Participanu' responsibilities. 'I'he regulations were published as Part VIII of the May 26 1988 Federa] Renister (pages 19160-19211). (1) THE PROSPECTIVE PRIMARY PARTICIPANT CERTIFIES TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT IT AND ITS PRINCIPALS: (A) ARE NOT PRESENTLY DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, DECLARED INELIGIBLE, OR VOLUNTARILY EXCLUDED FROM COVERED TRANSACTIONS BY ANY FEDERAL DEPARTMENT OR AGENCY; (B) HAVE NOT WITHIN A THREE-YEAR PERIOD PRECEDING THIS PROPOSAL BEEN CONVICTED OF OR HAD A CIVIL NDGMENT RENDERED AGAINST THEM FOR COMMTSSION OF FRAUD OR A CRIMINAL OFFENSE IN CONNECTION WITA OBTAINING, ATTEMPTING TO OBTAIN, OR PERFORMING A PUBLIC (FEDERAL, STATE, OR LOCAL) TRANSACTION OR CONTRACT UNDER A PUBLIC TRANSACTION; VIOLATION OF FEDERAL OR STATE ANTITRUST STATUTES OR COMMISSION OR EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, MAKING FALSE STATEMENTS, OR RECEIVING STOLEN PROPER'PY; C) ARE NOT PRESENTLY INDICTED FOR OR OTHERWISE CRIMINALLY OR CIVILLY CHARGED BY A GOVERNMENT ENTITY (FEDERAL, STATE, OR LOCAL) WITH COMMISSION OF ANY OF THE OFFENSES ENiJMERATED IN PARAGRAPH (1)(B) OF THIS CERTIFICATION; AND (D) HAVE NOT WITHIN A THREE-YEAR PERIOD PRECEDING THIS APPLICATION/PROPOSAL HAD ONE OR MORE PUBLIC TRANSACTION (FEDERAL, STATE, OR LOCAL) TERMINATED FOR CAUSE OR DEFAULT. (2) WHERE THE PROSPECTNE PRIMARY PARTICIPANT IS UNABLE TO CERTIFY TO ANY OF TAE STATEMENTS IN THIS CERTIFICATION, SUCA PROSPECTIVE PARTICIPANT SHALL ATTACH AN EXPLANATION TO TAIS PROPOSAL. (3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN ALL SUBCONTRACT AWARDS PURSUANT TO THIS CONTRACT AND AGREES TO REQUIRE ANY SUCH SUBCONTRACTORS TO SIGN A DEBARMENT CERTIFICATION. 1►1 1998-PT.III Federal/State (Rev. 5/18/98) (IIiR-98gen.DOC) S aR��at Retum Copy To: Police Dept. Accounting RESOLU'I'ION OF SAINT PATI,, NIINNESOTA Presented By: Referred To: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Committee:Date: �� Wt1�1tF.AS, the Saint Yaul YoGCe llepartment wishes to enter mto an agreement wrth the (,rty oF Minneapolis to provide law enforcement services targeting methamphetamine pmduction and tratficldng from January 1,1999 thmugh December 31,1999; and WHEREAS, the City of Minneapolis has received a Federal grant that will be used to reimburse the Saint Paul Police Department for overtime and equipment; and WfIEItEAS, the Saint Paul PoSice Department desires to establish a spending and financing plan for the services provided to and mimbursed by the City of Minneapolis; and WFIEREAS, The Mayor pursuant to Sec6on 10.07.1 of the Charter of the City of Saint Paul, dces certidy that there are available for appmpriation funds of $44,049 in ezcess of those estimated in the 1999 budget; and WHEREAS, The Mayor recommends that the follo�ring addition be made to the 1999 budget: CURRENT AMENDED FINANCING PLAN: BIIDGET CHANGES BUDGET 001-General Fund 04100-Operations 4399-Services N.O.C. 42,689 44�049 86,738 SPENDING PLAN: 001-General�nd 04100-Operations 0141-Overtime 0439-Fringe Benefits OS4S-Other Specialized Equipment r . r 926,050 25,000 951,050 6,417,195 4,049 6,421,247 12,100 15,000 27,100 7,355,3 8 44,049 7,399,397 TfIEREFORE BE IT RESOLVED, that the City Council authorizes Cluef William F�nney to enter into an agreement with the City of Minneapolis, and accepts the changes to the 1999 budget Adoption Ce� By: � Approved by By: CouncilFile# qQ � �� Green Sheet # 8223 by Council Requested by Depa men� 08 / By: - Ap R�ca�ed-b}] By: +^ Fo ved by G�t�tt� � I s ��i�� mMhamphetamineovertime.cr.99 AdoptedbyCouncil:Date: '�, �{ \9q' ,,� , 7/13/99 GREEN SHEET No. 8223 INIiIAL/DAiE , INfMUDA7E 292-3588 Nl41LXGGVUACT(UAIC) - L ASf� I ■ J K11YATfO1QlEY � ^� �CIERK L� , L �Mne�LSEaxcE4mt , O �cNR�RLSrm�xcrc L� `i 1 4 WYOR(oRaffia� �IIU1NwcIRs 4i� TOTAL # OF SIGNATURE PAGES 1 REQUESTED (CLIP ALL LOCATIONS FOR SIGPdATURE) Approval of the attached council resolution authorizing the Saint Paul Police Deparhment to enter into an ageement with the Ciry of Minneapolis and establishing a financing and spending plan for the agreement. 1. Has this person(firtn ever woticed uMer a contractfor ihis department2 PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persa�rm ever 6een a city employee7 CtVIISERVIGECOMMISSION YES N� 3. Dces this persoNfirm possess a sldll trot normally possessed by any curten[ cM1y employee? YES NO 4. IS this perso�rm a targeted vendoR YES NO E�lain all yes answers on separdte sheet and atlach to green sheet The Saint Paul Police Department wishes to enter into an agreement with the City of Minneapolis to provide law enforcement targeting methamphetamine production and trafficking from 7anuary 1, 1999 through December 31, 1999. Minneapolis ftas received a Federal Methamphetamine Initiative Program Grant that they will use to reimburse the Saint Paul Police Department for overtime and equipment. Ability to use grant funding and partnerslrip with the City of Minneapolis. None. �:„ -:�;: ,�, �� € ��'� � L, �n d _ � } a Lost opportunity to work with the City of Minneapolis to reduce methamphetamine production and trafiicking. IOUNT OF TRANSACTION $ 44,049 souRCe Ciry of Miuueapolis Federal gznt �� COSTIREVENUE BUDGETED (CIRCLE ON� YES NO CiOUfiCl� �BSB&�C i �8�i2 ACTMTYNUMBER 04100 JUL 2 °� 1999 t �_ �- _ __ v MINNEAPOLIS POLICE DEPARTMENT 350 South Fifth Street - Room 130 Minneapolis Minnesota 55415-1389 (612) 673-2553 ROBERT K. OLSON CHIEF OF POLICE ►a�; t� '�` b k� ��r � �..f �� ` \ �/ MPD Narcotics Unit July 2, 1999 To Whom It May Concem: ^ G, Y p _'i �t`� minneapolis � city of lakes It is my understanding that the City of St Paul has already agreed to accept $3,000.00 worth of equipment as specified in the COPS Methamphetamine {nitiative Grant. The St Paul Police Department, specifically the St. Paul Narcotics Unit, as a member of the COPS Methamphetamine Initiative Grant, is eligible to share with its partners, the Minneapolis Police Department, Hennepin County Sheriff's Department and the Ramsey County Sheriff's Department, $150,000.00 for pre-approved methamphetamine investigations overtime. There is not a specific amount of money allotted for each agency. Because of money not used by another partner agency, the Methamphetamine Initiative Grant mav be ab{e to reallocate money and give the City of St. Paut Potice Department approximately $12,000.00 to buy equipment This equipment is to be used for the UniYs efforts in investigating methamphetamine drug cases. However, none of this money can be given to the St. Paul Police Department until the signed contract is retumed. The $3,000.00 will be available when it is retumed as will the approximately $12,000.00 (if approved by COPS). The $150,000.00 is already being depleted on a bi-weekly basis. Piease feel free to cali me with questions. Sinc,�Tely, - i�j. .�� .� �. � Lt. Isaac de Lugo MPD Narcotics, Commander (612)673-3577 TDD (612) 673-2157 AFFIRMATIVE ACTION EMPLOYER � Aecycled Paper 3DY Post Consumer Fibei r � Lt. Isaac d�itlgcf 309 Second Avenue South B-10 �v p� CONTRACT BETWEEN THE CITY OF MINNEAPOLIS � �'c.11� � ` '! 1 CITY OF ST. PAUL EOR GRANT FUNDED SERVICES THIS AGREEMENT, entered into this day of , 1999, by and between the City oi Minneapolis (herein called the "Cit�') and City of St. Paul, (herein called the ��Contractor" ) - WHEREAS, the City has received certain grant funds; from the U.S. Department of Justice, Of£ice of Community Oriented Policing Services (COPS) Methamnhetamine Initiative program, to provide law enforcement targeting methamphetamine production and trafficking ; and WHEREAS, the Contractor has represented itself as competent to provide the services required by that certain grant; and WHEREAS, the City wishes to engage the Contractor to provide said services; v NOW THEREEORE, it is aqreed between the parties hereto that; I II TIME OF PERE'ORMANCE Services of the Contractor shall start on the first day of January 1999 and shall continue until the thirty-first day of December 1999 or until terminated by either party as provided for in Part II, General Conditions, attached hereto. NOTICES Communication and details concerning this contract sha11 be directed to the following contract representatives: CONTRACTOR Amy Brown St. Paul Police Department 100 E. I lth Street St. Paul, MN 55101 CITY OF MZNNEAPOLIS Wendy Guck Minneapolis Police Department 350 South Fifth Street, Rm 210 1/2 Minneapolis, MN 55415 1 qq-��4 III. SCOPE OF SERVICE AND COMPENSATION The Contractor will provide the following services: 1) Ta purchase by the St. Paul Police Department equipment . authorized under this contract for use in the investigation of cases involving the possession, sale or trafficking of inethamphetamine. 2) To purchase surveillance and other equipment for use in methamphetamine investigations. The Contractor will be compensated not to exceed the following: 1) Protective cover suits for `first responders' 53,000 2) Equipment for methamphetamine investigations $12,000 Total $15,000 IV, TgAVEL AND OVERTIME COMPEI3SATION Funds for overtime compensation for Title III methamphetamine investigations and other qualifying methamphetamine investigations and travel and training . expenses may be available through the City. Eligibility and authorization for such funds will be determined by the City. Available overtime funding to be shared by participation 1aw enforcement agencies under this qrant total $150,000. Available training funds total $10,000. V. TERMS AND CONDITION5 This contract is subject to and incorporates all the terms and conditions set forth in Part II General Conditions attached hereto, as well as those conditions in Part III Special Conditions, which is also attached hereto. 2 � q�-�y`i IN WITL•IESS WHERE�E, the Parties have executed this contract as of the date first written above. COI3TRACTOA CITY OF MINNEAPOLIS Fed. Id#: By: � Mayor Its: i' \ test: (date) City Clerk (date) signed: Fina e Of£icer (date) Approved as t Form: Assistant City At rney (date) 3 PART II - GENE�AL CONDITIONS �t q -'1��{ i� crrY RIGHTS The City reserves the right to cancel the Contract without penalty, if circumstances arise which prevent the City from completing the project. 2) HOLDHARMT The Contractor shall agree to defend, indemnify and hold hannless the City of Minneapolis, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attomey's fees, resulfing directiy or indirecdy from an act of omission of the contractor, its employees, agents or employees of subcontractors, in the performance of this contract by reason of the failure of the contractor to fully perform, in any respect, all of its obligations under this contract. The City agrees to defend and hold harmless insofar as the law allows the Contractor, its officers and empioyees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting duectly or indirectly from an act or omission of the City or its employees in the performance under this contract or by reason of the failure of the City to fully perform its obligations undee this contract. 3) INTER�ST OF MEMBERS OF CITY The Contractor agrees that no member of the governing body, officer, employee or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Gontract. 4) EQUAL OPPORTUNITY STATEMENT Contractor agrees to comply with the provisions of a11 applicable federal, state and City of Minneapolis statutes, ordinances and regulations pertaining to civil rights and nondiscrimination including without limitation Minnesota Statutes, Section 181.59 and Chapter 363 and Minneapolis Code of Ordinances, Chapter 139, incorporated herein by reference. 5) AFFTRMATIV� ACTION/EMERGING SMALL BUSINESS GOALS The Contractor shall agree in writing to comply with all affirmative action laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, specifically including Section 139.50 of the Minneapolis Code of Ordinances. A pre-compliance review may be required. The City of Minneapolis has determined that a twenty-four percent (24% as approved by the City Council effective July, 1995) Emerging Smatl Business sub-contracting goal shall be adopted and pursued by companies and persons submitting proposals. Upon request, a person intending to submit a bid shall be supplied with an Emerging Small Business directory. The person ar entity submitting a proposal shall be required to utilize certified Emerging Small Business in at least twenty-four percent (24%) of any sub-contracts related to its proposal, and if it is unable to do so, it shall fully document its effort in soliciting such sub-contracts. Requests for waivers oi Affurnative Action/Emerging Small Business goals should be addressed to the Civil Rights Department. 6) NON-DISCRINIINATION aq-��y The Contractor will not discriminate against any employee or appiicant for employment because of race, color, creed, religion, ancestry, sex, narional origin, affecrional preference, disabiliry, age, matital status or status with regazd to public assistance or as a disabled veteran or veteran of the Vietnam era. Such prohibition against discrimination shall include, but not be limited to, the follow employmenf, upa ading, demotion or transfer, recruitment or recmitment advertisirig, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City, setting forth this nondiscrimination clause. In addition, the Vendor will, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, ancestry, sex, national origin, affectional preference, disability, age, marital status or status with regazd to public assistance or status as disabled veteran or veteran of the Vietnam era, and comply in all other aspects with the requirements of the Minneapolis Code, Chapter 139. 7) CONTRACT INCORPORATION OF PROPOSAL CONTENTS The content of the Proposal submitted by the Contractor is part of the contractual obligation and is incorporated by reference herein into this agreement as if fully set forth. 8) INSURANCE The Contractor acknowledges that it is self-insured. Minnesota Statutes as applicable limit the liabilities of the Contractor. 9) TRANSFER OF INTEREST The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City, provided, however, that claims for money due or to become due to the Contractor may be assigned to a bank, trust company or other fmancial institution, or to a Tnxstee in Baukri.iptcy without such approval. Notice to any such assignment or transfer sha11 be furnished to the City. 10) COMPLIANCE REQUIREMENTS All contractors hired by the City of Minneapolis are required to abide by the regulations of the Americans with Disabilities Act of 1990 (ADA) which prohibits discrimination against individuals with disabilities. The Contractor will not discriminate against any employee or applicant for employment because of their disability and will take affirmative acrion to insure that all employment practices are free from such discrimination. Such employment practices inciude but aze not limited to the foliowing: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, discharge, compensation and fringe benefits, classification, referral and training. The ADA also requires contractors associated with the City of Minneapolis to provide qualified � � 9q-1yy applicants and employees with disabilaties with zeasonable accommodation that does not impose undue hazdship. Contractors also agree to post in a conspicuous place, accessible to employees and applicants, notices of their policy on non-discrimination. The above requirements also apply to the Minnesota Human Rights Act, Minn. Stat. C. 363. In the event of the Contractor's noncompliance with the non-discrimination clauses of this contract, this contract may be canceled, terminated, or suspended, in whole or part, and the Contractor may be declared ineligible by the Minneapolis City Council from any futther participation in Ciry contracu in addirion to other remedies as provided by law. 11) GENERAY. COMIVYPLIANCE The Contractor agrees to comply with all applicable Federal, state and local laws and regulations governing funds provided under this contract. 12) PERFORMANCE MONITORING The City will monitor the performance of the Contractor against goals and performance standards required herein. Substandazd performance as determined by the City wil] constitute non- compiiance with this agreement. If action to correct sucfi substandard per£ormance is not taken by the Con�actor within a reasonable period of tnne after being notified by the City, contract temunation procedures will be initiated. 13) INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship or employer/employee between the parties. The Contractor shall at a11 times remain an independent contractor with respect to the services to be performed under this agreement. The City sha11 be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers° Compensation Insurance as the Contractor is an independent contractor. 14) WORKERS' COMPENSATION The Contractor shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. 15) TERMINATION Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effec6ve date thereof at least thiriy days before the effective date of such termination. In that event, ali finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepazed by the Contractor under this agreement shall, at the option of the Ciry, become the property of the City, and the Contractor shall be entifled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to tfie termination. 3 �t�-��ty 1G) ACCOiTiVTING STANDARDS , The Contractor agrees to maintain the necessary source documentation and enforce sufficient intemal controls as dictated by normally accepted accounting practices to properly account for expenses incurred under this contract. 17) RECOI2D I2ETENTION The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findinas. Records for non-expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. Records for any displaced person must be kept for three years after receiving final payment. 18) DISCLOSURE The Contractor understands that some information coliected under this contract may be non-public or private data and the use or disclosure of such information, when not directly connected with the administration of the City or Contractor responsibilities with respect to services provided under this contract, is prohibited by the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 19) AUDIT All Contractor records with respect to any matters covered by this agreement shall be made available to the City ar its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 20) CONFLICT OF PROVISIONS In the event that provisions contained in this Agreement, the Request for Proposals or the Contractor's Proposal aze in conflict, the following will have precedence: 1) Agreement, 2) Proposal, 3) Request for Proposals. C:I WP51 LYIII-GC-97.DOC (11lZ3PJ6) 0 FederaF/State PART III - SPECIAL CONDITIONS L GENERAL COMPLIANCE (Rev. 5/18/98) 9q-��ty The Contractor agrees to comply with the requirements of all applicable Federal and State re�ulations and policies issued pucsuant to gracrt funds in this conhact. The Contrnctor further a�rees to utilize funds available under this contract to supplement rather than supplant funds otherwise available. lI. ADNIINISTRATIVE RESTRTCTIONS A. Redundant Payments The Contractor understands that payment will not be available for costs that aze being claimed by the Contractor on another contract for substantially the same service and/or outcome. B. Profit Contractor revenues in excess of cosu eamed under this contract are to be treated as program income. Such income may be used to underwrite additional services provided that these services are consistent with the purposes of the program that generated them and aze in conformance with the conditions stated herein. The Contractor must report such income to the City and maintain records which account for its use for possible audit. Such income not used during the "time of performance" of this contract is to be retumed to the City. C. Fees The Contractor is prohibited from chazging an enrolled individual a fee for refenal or program services. D. Voter Registration The Conhactor shall provide voter registration services for employees and proeram participants encountered in the performance of this contract. Non-partisan assistance shall be provided, including routinely asking employees and members of the public served if they would like to register to vote, providing them with a registration form, and assisting them in completing the form. III. SPECIFIC FEDERAL REQUIREMENTS A. Section 504 The Contractor agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination a�ainst the handicapped in any federally assisted program. The City shall provide the Contractor with any guidelines necessary For compYiance with that portion of the regulations in force during the term of this contract. B. H[atch Act The Contractor aa ees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 1 �q-�y� C. Regulations The Conhactor agrees to comply with the requiremenu, as applicable, of: AMERICANS WITH D7SABILITIES ACT OF 1990. FXFCUTIVE ORDER 12259 - LEADERSHIP AND COORDINATIDN IN FEDERAL HOUSING PROGRAMS EXEC(1TIVE ORDER 12549 - DEBARMENTAND SUSPENSION, 29 CFR PART 98. EXECUTIVE ORDER 12800 - NOTLCE TO EMPLOYEES. FEDER,4L FAIR LABOR ST,9NDARDS ACT FOR MINIMUM WAGE AND MAXIMUM HOURS PROVISIONS. OMB CIRCULAR A-2I - COST PRINCIPLES FOR EDUCATIONAL 7NSTITUTIONS OMB CIRCULAR A-87- COST PRINCIPLES FOR STATEAND LOCAL GOVERNMENTS. 24 CFR Part 84 - UNIFORM ADMINISTR.4TIVE REQUIR�MENTS FOR GR,4NTS AND OTHER AGR�EMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATCONS. OMB CIRCULAR A-122 - COST PRINCIPLES FOR NONPROFIT ORGANIZATION5. OMB CIRCULAR A-128 - AUDITS OF STATE AND LOCAL GOVERNMENTS. OMB CIRCULAR A-133 - AUD7TS OF INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT ORGANIZATIONS. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. SECTION 109 OF TITLE! OF THE HOUS7NC AND COMMUNITYDEVELOPMENT ACT OF 1974. TITLE VI OF THE CIVIL RTGHTS ACT OF 1964. TITLE VIIIOF THE CIVIL /tIGHTSACT OF I968. USDI3EW OASGS - COST PRINCIPLES AND PROCEDURES FOR ESTABLISFIING INDlRECT COST AND OTHER RATES FOR GRANTS AND CONTRACTS WITH THE DEPT. OF HEALTH AND HUMANSERVICES. USDHEW OASC-10 - COST PRINCIPLES AND PROCEDURES FOR ESTABLISHLNG COST ALLOCATION PLANS AND INDIRECT COST RATES FOR GRANTS AND CONTRACTS WITH THE FEDERAL GOVERNMENT. 24 CFR PART 85 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STiI TE, LOCAL AND FEDERALLYRECOGNIZED INDIAN TRl'BAL GOVERNMENTS. 99 -1yy D. Record Keeping The Contractor agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract meet the requiremenu of The Federal Department of Justice, Office of Communiry Oriented Policin� Services (COPS) Mehtamphetamine Initiative and the Ciry of Minneapolis. Financiai and narrative pro�ess reports will be submitted on a quartedy basis to the grant adminisvators in the Minneapolis Police Departrnent E. t�Iotice to Employees The Contractor agrees to comply with Executive Order 12800 which requires that all federal contractors, subcontractors and vendors post a notice to employees which meets the following requirements: It must be set foRh on paper no smaller than 20" x 24", use type that is at least as easily visible and readable as 48 point Korinna type (with the caption in type that is at least as easily visible and readable as 72 point Korinna boldface caps) and be posted in conspicuous places in and about their plants and offices, including all places where notices to employees are customarily posted. Following is the text of the required Notice: Notice to Employees Under federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-securiry agreement reguiring employees to pay unijorm periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to coilective bargaining, contract administration, and grievance adjustment. Ifyou believe that you hme been required to pay dues or fees used in part to support activities not related to collective bargaining, conu•act administration, or grievance adjustment, you may be entitle to a refund and to an appropriate reduction in fuCure paynaents. For further information concerning your rights, you may wish to contact either a Regional Office of the Nationa[ Labor Relatioru Boards or: National Labor Relations Board Division oflnformation 1717 Pennsylvania Avenue NW Washington, DC 20570 The last sentence of the Notice, however, shaS1 be omitted in notices posted in the plants or offices of carriers subject to the Raifway Labor Act, as amended (45 U.S.C. 151 et seq.). The Contractor further agrees to comply with the Executive Order 12800 requ¢ement that federal contractors and subcontractors inciude a clause in federaily connected subcontracts and purchase orders requixing subconhactors and cendors to post the notice also. 3 aq -��y Certification Regarding Lobbying - Before the Ciry releases any of the funds covered by this agreement, the Conu�actor shall sign the following certification statement: The undersi�ned hereby certifies, to the best of his or her knowledge and belief, that: �(1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID, OR WILL BE PAID, BY OR ON BEHALF OF THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF AN AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITA THE AWARDING OF ANY FEDERAL CONTT2ACT, THE MAHING OF ANY FEDERAL GRANT, THE MAHING OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT. (2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID TO ANY PERSON FOR INFLITENCING OI2 ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF ANY AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE AND SUBMIT STANDARD FORM-LLL, "DISCLOSURE FORM TO REPORT LOBBYING; ' IN ACCORDANCE W1TH ITS INSTRUCTIONS. (3) THE UNDERSIGNED SHALL REQ[JIRE THAT THE LANGUAGE OF TAIS CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING SUBCONTRACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. This certification is a materiai representation of fact upon which reliance was placed when this transaction was made or entered into. Submission af this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. IN WITNESS WHEREOF, I have set my hand this � (date) TITLE: FOR: (Organization) G. Certification Regarding Debarment - Before the City releases any of the funds covered by this agreement, the Conh shall sign the foliowing certification statement: �� •�� y The undersigned hereby certifies, to the best of his or her knowledge and belief, that: CertiFcation Re�azding Debarment, Suspension, and Other Responsibility Matters Pritnary Covered Transactions This certification is required by the regulations implementin� Executive Order 12549, Debarment and Suspensioq 29 CFR Part 98, Section 98.510, Participanu' responsibilities. 'I'he regulations were published as Part VIII of the May 26 1988 Federa] Renister (pages 19160-19211). (1) THE PROSPECTIVE PRIMARY PARTICIPANT CERTIFIES TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT IT AND ITS PRINCIPALS: (A) ARE NOT PRESENTLY DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, DECLARED INELIGIBLE, OR VOLUNTARILY EXCLUDED FROM COVERED TRANSACTIONS BY ANY FEDERAL DEPARTMENT OR AGENCY; (B) HAVE NOT WITHIN A THREE-YEAR PERIOD PRECEDING THIS PROPOSAL BEEN CONVICTED OF OR HAD A CIVIL NDGMENT RENDERED AGAINST THEM FOR COMMTSSION OF FRAUD OR A CRIMINAL OFFENSE IN CONNECTION WITA OBTAINING, ATTEMPTING TO OBTAIN, OR PERFORMING A PUBLIC (FEDERAL, STATE, OR LOCAL) TRANSACTION OR CONTRACT UNDER A PUBLIC TRANSACTION; VIOLATION OF FEDERAL OR STATE ANTITRUST STATUTES OR COMMISSION OR EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, MAKING FALSE STATEMENTS, OR RECEIVING STOLEN PROPER'PY; C) ARE NOT PRESENTLY INDICTED FOR OR OTHERWISE CRIMINALLY OR CIVILLY CHARGED BY A GOVERNMENT ENTITY (FEDERAL, STATE, OR LOCAL) WITH COMMISSION OF ANY OF THE OFFENSES ENiJMERATED IN PARAGRAPH (1)(B) OF THIS CERTIFICATION; AND (D) HAVE NOT WITHIN A THREE-YEAR PERIOD PRECEDING THIS APPLICATION/PROPOSAL HAD ONE OR MORE PUBLIC TRANSACTION (FEDERAL, STATE, OR LOCAL) TERMINATED FOR CAUSE OR DEFAULT. (2) WHERE THE PROSPECTNE PRIMARY PARTICIPANT IS UNABLE TO CERTIFY TO ANY OF TAE STATEMENTS IN THIS CERTIFICATION, SUCA PROSPECTIVE PARTICIPANT SHALL ATTACH AN EXPLANATION TO TAIS PROPOSAL. (3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN ALL SUBCONTRACT AWARDS PURSUANT TO THIS CONTRACT AND AGREES TO REQUIRE ANY SUCH SUBCONTRACTORS TO SIGN A DEBARMENT CERTIFICATION. 1►1 1998-PT.III Federal/State (Rev. 5/18/98) (IIiR-98gen.DOC) S aR��at Retum Copy To: Police Dept. Accounting RESOLU'I'ION OF SAINT PATI,, NIINNESOTA Presented By: Referred To: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Committee:Date: �� Wt1�1tF.AS, the Saint Yaul YoGCe llepartment wishes to enter mto an agreement wrth the (,rty oF Minneapolis to provide law enforcement services targeting methamphetamine pmduction and tratficldng from January 1,1999 thmugh December 31,1999; and WHEREAS, the City of Minneapolis has received a Federal grant that will be used to reimburse the Saint Paul Police Department for overtime and equipment; and WfIEItEAS, the Saint Paul PoSice Department desires to establish a spending and financing plan for the services provided to and mimbursed by the City of Minneapolis; and WFIEREAS, The Mayor pursuant to Sec6on 10.07.1 of the Charter of the City of Saint Paul, dces certidy that there are available for appmpriation funds of $44,049 in ezcess of those estimated in the 1999 budget; and WHEREAS, The Mayor recommends that the follo�ring addition be made to the 1999 budget: CURRENT AMENDED FINANCING PLAN: BIIDGET CHANGES BUDGET 001-General Fund 04100-Operations 4399-Services N.O.C. 42,689 44�049 86,738 SPENDING PLAN: 001-General�nd 04100-Operations 0141-Overtime 0439-Fringe Benefits OS4S-Other Specialized Equipment r . r 926,050 25,000 951,050 6,417,195 4,049 6,421,247 12,100 15,000 27,100 7,355,3 8 44,049 7,399,397 TfIEREFORE BE IT RESOLVED, that the City Council authorizes Cluef William F�nney to enter into an agreement with the City of Minneapolis, and accepts the changes to the 1999 budget Adoption Ce� By: � Approved by By: CouncilFile# qQ � �� Green Sheet # 8223 by Council Requested by Depa men� 08 / By: - Ap R�ca�ed-b}] By: +^ Fo ved by G�t�tt� � I s ��i�� mMhamphetamineovertime.cr.99 AdoptedbyCouncil:Date: '�, �{ \9q' ,,� , 7/13/99 GREEN SHEET No. 8223 INIiIAL/DAiE , INfMUDA7E 292-3588 Nl41LXGGVUACT(UAIC) - L ASf� I ■ J K11YATfO1QlEY � ^� �CIERK L� , L �Mne�LSEaxcE4mt , O �cNR�RLSrm�xcrc L� `i 1 4 WYOR(oRaffia� �IIU1NwcIRs 4i� TOTAL # OF SIGNATURE PAGES 1 REQUESTED (CLIP ALL LOCATIONS FOR SIGPdATURE) Approval of the attached council resolution authorizing the Saint Paul Police Deparhment to enter into an ageement with the Ciry of Minneapolis and establishing a financing and spending plan for the agreement. 1. Has this person(firtn ever woticed uMer a contractfor ihis department2 PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persa�rm ever 6een a city employee7 CtVIISERVIGECOMMISSION YES N� 3. Dces this persoNfirm possess a sldll trot normally possessed by any curten[ cM1y employee? YES NO 4. IS this perso�rm a targeted vendoR YES NO E�lain all yes answers on separdte sheet and atlach to green sheet The Saint Paul Police Department wishes to enter into an agreement with the City of Minneapolis to provide law enforcement targeting methamphetamine production and trafficking from 7anuary 1, 1999 through December 31, 1999. Minneapolis ftas received a Federal Methamphetamine Initiative Program Grant that they will use to reimburse the Saint Paul Police Department for overtime and equipment. Ability to use grant funding and partnerslrip with the City of Minneapolis. None. �:„ -:�;: ,�, �� € ��'� � L, �n d _ � } a Lost opportunity to work with the City of Minneapolis to reduce methamphetamine production and trafiicking. IOUNT OF TRANSACTION $ 44,049 souRCe Ciry of Miuueapolis Federal gznt �� COSTIREVENUE BUDGETED (CIRCLE ON� YES NO CiOUfiCl� �BSB&�C i �8�i2 ACTMTYNUMBER 04100 JUL 2 °� 1999 t �_ �- _ __ v MINNEAPOLIS POLICE DEPARTMENT 350 South Fifth Street - Room 130 Minneapolis Minnesota 55415-1389 (612) 673-2553 ROBERT K. OLSON CHIEF OF POLICE ►a�; t� '�` b k� ��r � �..f �� ` \ �/ MPD Narcotics Unit July 2, 1999 To Whom It May Concem: ^ G, Y p _'i �t`� minneapolis � city of lakes It is my understanding that the City of St Paul has already agreed to accept $3,000.00 worth of equipment as specified in the COPS Methamphetamine {nitiative Grant. The St Paul Police Department, specifically the St. Paul Narcotics Unit, as a member of the COPS Methamphetamine Initiative Grant, is eligible to share with its partners, the Minneapolis Police Department, Hennepin County Sheriff's Department and the Ramsey County Sheriff's Department, $150,000.00 for pre-approved methamphetamine investigations overtime. There is not a specific amount of money allotted for each agency. Because of money not used by another partner agency, the Methamphetamine Initiative Grant mav be ab{e to reallocate money and give the City of St. Paut Potice Department approximately $12,000.00 to buy equipment This equipment is to be used for the UniYs efforts in investigating methamphetamine drug cases. However, none of this money can be given to the St. Paul Police Department until the signed contract is retumed. The $3,000.00 will be available when it is retumed as will the approximately $12,000.00 (if approved by COPS). The $150,000.00 is already being depleted on a bi-weekly basis. Piease feel free to cali me with questions. Sinc,�Tely, - i�j. .�� .� �. � Lt. Isaac de Lugo MPD Narcotics, Commander (612)673-3577 TDD (612) 673-2157 AFFIRMATIVE ACTION EMPLOYER � Aecycled Paper 3DY Post Consumer Fibei r � Lt. Isaac d�itlgcf 309 Second Avenue South B-10 �v p� CONTRACT BETWEEN THE CITY OF MINNEAPOLIS � �'c.11� � ` '! 1 CITY OF ST. PAUL EOR GRANT FUNDED SERVICES THIS AGREEMENT, entered into this day of , 1999, by and between the City oi Minneapolis (herein called the "Cit�') and City of St. Paul, (herein called the ��Contractor" ) - WHEREAS, the City has received certain grant funds; from the U.S. Department of Justice, Of£ice of Community Oriented Policing Services (COPS) Methamnhetamine Initiative program, to provide law enforcement targeting methamphetamine production and trafficking ; and WHEREAS, the Contractor has represented itself as competent to provide the services required by that certain grant; and WHEREAS, the City wishes to engage the Contractor to provide said services; v NOW THEREEORE, it is aqreed between the parties hereto that; I II TIME OF PERE'ORMANCE Services of the Contractor shall start on the first day of January 1999 and shall continue until the thirty-first day of December 1999 or until terminated by either party as provided for in Part II, General Conditions, attached hereto. NOTICES Communication and details concerning this contract sha11 be directed to the following contract representatives: CONTRACTOR Amy Brown St. Paul Police Department 100 E. I lth Street St. Paul, MN 55101 CITY OF MZNNEAPOLIS Wendy Guck Minneapolis Police Department 350 South Fifth Street, Rm 210 1/2 Minneapolis, MN 55415 1 qq-��4 III. SCOPE OF SERVICE AND COMPENSATION The Contractor will provide the following services: 1) Ta purchase by the St. Paul Police Department equipment . authorized under this contract for use in the investigation of cases involving the possession, sale or trafficking of inethamphetamine. 2) To purchase surveillance and other equipment for use in methamphetamine investigations. The Contractor will be compensated not to exceed the following: 1) Protective cover suits for `first responders' 53,000 2) Equipment for methamphetamine investigations $12,000 Total $15,000 IV, TgAVEL AND OVERTIME COMPEI3SATION Funds for overtime compensation for Title III methamphetamine investigations and other qualifying methamphetamine investigations and travel and training . expenses may be available through the City. Eligibility and authorization for such funds will be determined by the City. Available overtime funding to be shared by participation 1aw enforcement agencies under this qrant total $150,000. Available training funds total $10,000. V. TERMS AND CONDITION5 This contract is subject to and incorporates all the terms and conditions set forth in Part II General Conditions attached hereto, as well as those conditions in Part III Special Conditions, which is also attached hereto. 2 � q�-�y`i IN WITL•IESS WHERE�E, the Parties have executed this contract as of the date first written above. COI3TRACTOA CITY OF MINNEAPOLIS Fed. Id#: By: � Mayor Its: i' \ test: (date) City Clerk (date) signed: Fina e Of£icer (date) Approved as t Form: Assistant City At rney (date) 3 PART II - GENE�AL CONDITIONS �t q -'1��{ i� crrY RIGHTS The City reserves the right to cancel the Contract without penalty, if circumstances arise which prevent the City from completing the project. 2) HOLDHARMT The Contractor shall agree to defend, indemnify and hold hannless the City of Minneapolis, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attomey's fees, resulfing directiy or indirecdy from an act of omission of the contractor, its employees, agents or employees of subcontractors, in the performance of this contract by reason of the failure of the contractor to fully perform, in any respect, all of its obligations under this contract. The City agrees to defend and hold harmless insofar as the law allows the Contractor, its officers and empioyees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting duectly or indirectly from an act or omission of the City or its employees in the performance under this contract or by reason of the failure of the City to fully perform its obligations undee this contract. 3) INTER�ST OF MEMBERS OF CITY The Contractor agrees that no member of the governing body, officer, employee or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Gontract. 4) EQUAL OPPORTUNITY STATEMENT Contractor agrees to comply with the provisions of a11 applicable federal, state and City of Minneapolis statutes, ordinances and regulations pertaining to civil rights and nondiscrimination including without limitation Minnesota Statutes, Section 181.59 and Chapter 363 and Minneapolis Code of Ordinances, Chapter 139, incorporated herein by reference. 5) AFFTRMATIV� ACTION/EMERGING SMALL BUSINESS GOALS The Contractor shall agree in writing to comply with all affirmative action laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, specifically including Section 139.50 of the Minneapolis Code of Ordinances. A pre-compliance review may be required. The City of Minneapolis has determined that a twenty-four percent (24% as approved by the City Council effective July, 1995) Emerging Smatl Business sub-contracting goal shall be adopted and pursued by companies and persons submitting proposals. Upon request, a person intending to submit a bid shall be supplied with an Emerging Small Business directory. The person ar entity submitting a proposal shall be required to utilize certified Emerging Small Business in at least twenty-four percent (24%) of any sub-contracts related to its proposal, and if it is unable to do so, it shall fully document its effort in soliciting such sub-contracts. Requests for waivers oi Affurnative Action/Emerging Small Business goals should be addressed to the Civil Rights Department. 6) NON-DISCRINIINATION aq-��y The Contractor will not discriminate against any employee or appiicant for employment because of race, color, creed, religion, ancestry, sex, narional origin, affecrional preference, disabiliry, age, matital status or status with regazd to public assistance or as a disabled veteran or veteran of the Vietnam era. Such prohibition against discrimination shall include, but not be limited to, the follow employmenf, upa ading, demotion or transfer, recruitment or recmitment advertisirig, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City, setting forth this nondiscrimination clause. In addition, the Vendor will, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, ancestry, sex, national origin, affectional preference, disability, age, marital status or status with regazd to public assistance or status as disabled veteran or veteran of the Vietnam era, and comply in all other aspects with the requirements of the Minneapolis Code, Chapter 139. 7) CONTRACT INCORPORATION OF PROPOSAL CONTENTS The content of the Proposal submitted by the Contractor is part of the contractual obligation and is incorporated by reference herein into this agreement as if fully set forth. 8) INSURANCE The Contractor acknowledges that it is self-insured. Minnesota Statutes as applicable limit the liabilities of the Contractor. 9) TRANSFER OF INTEREST The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City, provided, however, that claims for money due or to become due to the Contractor may be assigned to a bank, trust company or other fmancial institution, or to a Tnxstee in Baukri.iptcy without such approval. Notice to any such assignment or transfer sha11 be furnished to the City. 10) COMPLIANCE REQUIREMENTS All contractors hired by the City of Minneapolis are required to abide by the regulations of the Americans with Disabilities Act of 1990 (ADA) which prohibits discrimination against individuals with disabilities. The Contractor will not discriminate against any employee or applicant for employment because of their disability and will take affirmative acrion to insure that all employment practices are free from such discrimination. Such employment practices inciude but aze not limited to the foliowing: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, discharge, compensation and fringe benefits, classification, referral and training. The ADA also requires contractors associated with the City of Minneapolis to provide qualified � � 9q-1yy applicants and employees with disabilaties with zeasonable accommodation that does not impose undue hazdship. Contractors also agree to post in a conspicuous place, accessible to employees and applicants, notices of their policy on non-discrimination. The above requirements also apply to the Minnesota Human Rights Act, Minn. Stat. C. 363. In the event of the Contractor's noncompliance with the non-discrimination clauses of this contract, this contract may be canceled, terminated, or suspended, in whole or part, and the Contractor may be declared ineligible by the Minneapolis City Council from any futther participation in Ciry contracu in addirion to other remedies as provided by law. 11) GENERAY. COMIVYPLIANCE The Contractor agrees to comply with all applicable Federal, state and local laws and regulations governing funds provided under this contract. 12) PERFORMANCE MONITORING The City will monitor the performance of the Contractor against goals and performance standards required herein. Substandazd performance as determined by the City wil] constitute non- compiiance with this agreement. If action to correct sucfi substandard per£ormance is not taken by the Con�actor within a reasonable period of tnne after being notified by the City, contract temunation procedures will be initiated. 13) INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship or employer/employee between the parties. The Contractor shall at a11 times remain an independent contractor with respect to the services to be performed under this agreement. The City sha11 be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers° Compensation Insurance as the Contractor is an independent contractor. 14) WORKERS' COMPENSATION The Contractor shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. 15) TERMINATION Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effec6ve date thereof at least thiriy days before the effective date of such termination. In that event, ali finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepazed by the Contractor under this agreement shall, at the option of the Ciry, become the property of the City, and the Contractor shall be entifled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to tfie termination. 3 �t�-��ty 1G) ACCOiTiVTING STANDARDS , The Contractor agrees to maintain the necessary source documentation and enforce sufficient intemal controls as dictated by normally accepted accounting practices to properly account for expenses incurred under this contract. 17) RECOI2D I2ETENTION The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findinas. Records for non-expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. Records for any displaced person must be kept for three years after receiving final payment. 18) DISCLOSURE The Contractor understands that some information coliected under this contract may be non-public or private data and the use or disclosure of such information, when not directly connected with the administration of the City or Contractor responsibilities with respect to services provided under this contract, is prohibited by the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 19) AUDIT All Contractor records with respect to any matters covered by this agreement shall be made available to the City ar its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 20) CONFLICT OF PROVISIONS In the event that provisions contained in this Agreement, the Request for Proposals or the Contractor's Proposal aze in conflict, the following will have precedence: 1) Agreement, 2) Proposal, 3) Request for Proposals. C:I WP51 LYIII-GC-97.DOC (11lZ3PJ6) 0 FederaF/State PART III - SPECIAL CONDITIONS L GENERAL COMPLIANCE (Rev. 5/18/98) 9q-��ty The Contractor agrees to comply with the requirements of all applicable Federal and State re�ulations and policies issued pucsuant to gracrt funds in this conhact. The Contrnctor further a�rees to utilize funds available under this contract to supplement rather than supplant funds otherwise available. lI. ADNIINISTRATIVE RESTRTCTIONS A. Redundant Payments The Contractor understands that payment will not be available for costs that aze being claimed by the Contractor on another contract for substantially the same service and/or outcome. B. Profit Contractor revenues in excess of cosu eamed under this contract are to be treated as program income. Such income may be used to underwrite additional services provided that these services are consistent with the purposes of the program that generated them and aze in conformance with the conditions stated herein. The Contractor must report such income to the City and maintain records which account for its use for possible audit. Such income not used during the "time of performance" of this contract is to be retumed to the City. C. Fees The Contractor is prohibited from chazging an enrolled individual a fee for refenal or program services. D. Voter Registration The Conhactor shall provide voter registration services for employees and proeram participants encountered in the performance of this contract. Non-partisan assistance shall be provided, including routinely asking employees and members of the public served if they would like to register to vote, providing them with a registration form, and assisting them in completing the form. III. SPECIFIC FEDERAL REQUIREMENTS A. Section 504 The Contractor agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination a�ainst the handicapped in any federally assisted program. The City shall provide the Contractor with any guidelines necessary For compYiance with that portion of the regulations in force during the term of this contract. B. H[atch Act The Contractor aa ees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 1 �q-�y� C. Regulations The Conhactor agrees to comply with the requiremenu, as applicable, of: AMERICANS WITH D7SABILITIES ACT OF 1990. FXFCUTIVE ORDER 12259 - LEADERSHIP AND COORDINATIDN IN FEDERAL HOUSING PROGRAMS EXEC(1TIVE ORDER 12549 - DEBARMENTAND SUSPENSION, 29 CFR PART 98. EXECUTIVE ORDER 12800 - NOTLCE TO EMPLOYEES. FEDER,4L FAIR LABOR ST,9NDARDS ACT FOR MINIMUM WAGE AND MAXIMUM HOURS PROVISIONS. OMB CIRCULAR A-2I - COST PRINCIPLES FOR EDUCATIONAL 7NSTITUTIONS OMB CIRCULAR A-87- COST PRINCIPLES FOR STATEAND LOCAL GOVERNMENTS. 24 CFR Part 84 - UNIFORM ADMINISTR.4TIVE REQUIR�MENTS FOR GR,4NTS AND OTHER AGR�EMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATCONS. OMB CIRCULAR A-122 - COST PRINCIPLES FOR NONPROFIT ORGANIZATION5. OMB CIRCULAR A-128 - AUDITS OF STATE AND LOCAL GOVERNMENTS. OMB CIRCULAR A-133 - AUD7TS OF INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT ORGANIZATIONS. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. SECTION 109 OF TITLE! OF THE HOUS7NC AND COMMUNITYDEVELOPMENT ACT OF 1974. TITLE VI OF THE CIVIL RTGHTS ACT OF 1964. TITLE VIIIOF THE CIVIL /tIGHTSACT OF I968. USDI3EW OASGS - COST PRINCIPLES AND PROCEDURES FOR ESTABLISFIING INDlRECT COST AND OTHER RATES FOR GRANTS AND CONTRACTS WITH THE DEPT. OF HEALTH AND HUMANSERVICES. USDHEW OASC-10 - COST PRINCIPLES AND PROCEDURES FOR ESTABLISHLNG COST ALLOCATION PLANS AND INDIRECT COST RATES FOR GRANTS AND CONTRACTS WITH THE FEDERAL GOVERNMENT. 24 CFR PART 85 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STiI TE, LOCAL AND FEDERALLYRECOGNIZED INDIAN TRl'BAL GOVERNMENTS. 99 -1yy D. Record Keeping The Contractor agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract meet the requiremenu of The Federal Department of Justice, Office of Communiry Oriented Policin� Services (COPS) Mehtamphetamine Initiative and the Ciry of Minneapolis. Financiai and narrative pro�ess reports will be submitted on a quartedy basis to the grant adminisvators in the Minneapolis Police Departrnent E. t�Iotice to Employees The Contractor agrees to comply with Executive Order 12800 which requires that all federal contractors, subcontractors and vendors post a notice to employees which meets the following requirements: It must be set foRh on paper no smaller than 20" x 24", use type that is at least as easily visible and readable as 48 point Korinna type (with the caption in type that is at least as easily visible and readable as 72 point Korinna boldface caps) and be posted in conspicuous places in and about their plants and offices, including all places where notices to employees are customarily posted. Following is the text of the required Notice: Notice to Employees Under federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-securiry agreement reguiring employees to pay unijorm periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to coilective bargaining, contract administration, and grievance adjustment. Ifyou believe that you hme been required to pay dues or fees used in part to support activities not related to collective bargaining, conu•act administration, or grievance adjustment, you may be entitle to a refund and to an appropriate reduction in fuCure paynaents. For further information concerning your rights, you may wish to contact either a Regional Office of the Nationa[ Labor Relatioru Boards or: National Labor Relations Board Division oflnformation 1717 Pennsylvania Avenue NW Washington, DC 20570 The last sentence of the Notice, however, shaS1 be omitted in notices posted in the plants or offices of carriers subject to the Raifway Labor Act, as amended (45 U.S.C. 151 et seq.). The Contractor further agrees to comply with the Executive Order 12800 requ¢ement that federal contractors and subcontractors inciude a clause in federaily connected subcontracts and purchase orders requixing subconhactors and cendors to post the notice also. 3 aq -��y Certification Regarding Lobbying - Before the Ciry releases any of the funds covered by this agreement, the Conu�actor shall sign the following certification statement: The undersi�ned hereby certifies, to the best of his or her knowledge and belief, that: �(1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID, OR WILL BE PAID, BY OR ON BEHALF OF THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF AN AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITA THE AWARDING OF ANY FEDERAL CONTT2ACT, THE MAHING OF ANY FEDERAL GRANT, THE MAHING OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT. (2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID TO ANY PERSON FOR INFLITENCING OI2 ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF ANY AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE AND SUBMIT STANDARD FORM-LLL, "DISCLOSURE FORM TO REPORT LOBBYING; ' IN ACCORDANCE W1TH ITS INSTRUCTIONS. (3) THE UNDERSIGNED SHALL REQ[JIRE THAT THE LANGUAGE OF TAIS CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING SUBCONTRACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. This certification is a materiai representation of fact upon which reliance was placed when this transaction was made or entered into. Submission af this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. IN WITNESS WHEREOF, I have set my hand this � (date) TITLE: FOR: (Organization) G. Certification Regarding Debarment - Before the City releases any of the funds covered by this agreement, the Conh shall sign the foliowing certification statement: �� •�� y The undersigned hereby certifies, to the best of his or her knowledge and belief, that: CertiFcation Re�azding Debarment, Suspension, and Other Responsibility Matters Pritnary Covered Transactions This certification is required by the regulations implementin� Executive Order 12549, Debarment and Suspensioq 29 CFR Part 98, Section 98.510, Participanu' responsibilities. 'I'he regulations were published as Part VIII of the May 26 1988 Federa] Renister (pages 19160-19211). (1) THE PROSPECTIVE PRIMARY PARTICIPANT CERTIFIES TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT IT AND ITS PRINCIPALS: (A) ARE NOT PRESENTLY DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, DECLARED INELIGIBLE, OR VOLUNTARILY EXCLUDED FROM COVERED TRANSACTIONS BY ANY FEDERAL DEPARTMENT OR AGENCY; (B) HAVE NOT WITHIN A THREE-YEAR PERIOD PRECEDING THIS PROPOSAL BEEN CONVICTED OF OR HAD A CIVIL NDGMENT RENDERED AGAINST THEM FOR COMMTSSION OF FRAUD OR A CRIMINAL OFFENSE IN CONNECTION WITA OBTAINING, ATTEMPTING TO OBTAIN, OR PERFORMING A PUBLIC (FEDERAL, STATE, OR LOCAL) TRANSACTION OR CONTRACT UNDER A PUBLIC TRANSACTION; VIOLATION OF FEDERAL OR STATE ANTITRUST STATUTES OR COMMISSION OR EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, MAKING FALSE STATEMENTS, OR RECEIVING STOLEN PROPER'PY; C) ARE NOT PRESENTLY INDICTED FOR OR OTHERWISE CRIMINALLY OR CIVILLY CHARGED BY A GOVERNMENT ENTITY (FEDERAL, STATE, OR LOCAL) WITH COMMISSION OF ANY OF THE OFFENSES ENiJMERATED IN PARAGRAPH (1)(B) OF THIS CERTIFICATION; AND (D) HAVE NOT WITHIN A THREE-YEAR PERIOD PRECEDING THIS APPLICATION/PROPOSAL HAD ONE OR MORE PUBLIC TRANSACTION (FEDERAL, STATE, OR LOCAL) TERMINATED FOR CAUSE OR DEFAULT. (2) WHERE THE PROSPECTNE PRIMARY PARTICIPANT IS UNABLE TO CERTIFY TO ANY OF TAE STATEMENTS IN THIS CERTIFICATION, SUCA PROSPECTIVE PARTICIPANT SHALL ATTACH AN EXPLANATION TO TAIS PROPOSAL. (3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN ALL SUBCONTRACT AWARDS PURSUANT TO THIS CONTRACT AND AGREES TO REQUIRE ANY SUCH SUBCONTRACTORS TO SIGN A DEBARMENT CERTIFICATION. 1►1 1998-PT.III Federal/State (Rev. 5/18/98) (IIiR-98gen.DOC) S