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00-248Return Copy To: O R� G� N A L Police Dept. Accounting Presented By: Referred To: RESOLUTION OF SAINT PAUL, MINNESOTA Council File # 00 — e1�{� Green 5heet # �31 14 $4 Committee:Date: 1� 1 WHEREAS, the Minnesota Department of Public Safety has awarded a S4,980 Underage Compliance Check 2 Program grant to the Saint Paul Police Deparhnent for the period August 1, 1999 through June 30, 2000; and WHEREAS, this grant will be used to conduct liquor compliance checks at licensed beverage establishments; and 6 WI the compliance checks for this program will be performed in 2000 using poGce overtime, decoys, and 7 liquor purchases at the licensed beverage establishments; and 8 9 WIIEREAS, the Saint Paul Police Department needs to establish a 2000 spending and fmancing for this grant; and 10 comp6ance checks to reduce underage alcohol use; and I1 12 13 14 15 IG 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of S4,980 in excess of those estimated in the 2000 budget; and WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: CURRENT AMENDED BUDGET CHANGES BUDGET FINANCING PI.AN: 320-Building Inspection & Design 33353-Customer Service 7299-Transferfrom GeneralFund - 500 500 SPENDING PLAN: 320-Building Inspection & Design 33353-Customer Service 0298-Investigations FINANCING PLAN: 001-General Fund 04000-ChiePs Office 3400-State Direct Grantsin Aid SPENDING PLAN: 001-GeneralFund 04000-ChiePs Office 0141-Overtime 0439-Fringe Benefits 0558-Transfer to Special Revenue Fund THEREFORE BE IT RESOLVED, that the City Council accepts this to enter into an asreement with the Minnesota Deoartment of Public � 20,000 500 20,500 > ,� - 4,980 4,980 - , > 123,445 3,900 (27,345 1,388,447 580 1,389,027 - 500 500 e� > e e� r authorizes Chief Witliam Finney and accepts the changes to the 2000 Requested by Departr nt of:' � / By: Approval Recommended by Fiva cia B "�"- 6C Form App oved b City Attorney: By: J Approved 6, May g for Su CJ� Services DireMor: Council: Adoption Certified by Counc� '�r'�� i�� /'./ «O L DEPARTMEN7/OFFICEICOUNCIL DATE INITIATED PoliceDepaztrnent zn9ioo GREEN SHEET rvo. 104584 CONTACT PERSON & PHONE iNrtIAUDA INrt1AVDATE OO � C 1llP.11']�1� 292-3588 � OEPPRTMQiTOIREROR 5 GTYCOUNQL MUST BE ON COUNCI� AGENDA BY (DATE) ,�^ P1e250 piOCOSS ASAP �crtvnnonnev r _ � ❑CRYCLERK �FWWCIALSERNCESpIR �FWUiCNLSERV/ACttG ; � Z �''""' ' '_a��y.� �MAYON�ORASSISTANT� " �numwnRlGHiS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached councIl resolution accepting a liquor compliance grant from the Minnesota Department of Public Safery and establishing a 2000 spending and financing plan for the grant. RECOMMENDATION App�ove (A) or Rejec[ (R) PERSONAL SERVICE CONTRACTS MIIST ANSWER THE FOLLOWING �UESTIONS: 1. Has this personKrm everworked under a contract for ihis departmentt PLANNING COMMISSION YES No CIB COMMITTEE 2. Has this person/firm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3 �oes this person/frm possess a skill not normally possessed by any wrrent city employee� YES NO 4 Is this persoNfirm a �argeted vendor� YES NO Explain all yes answers on separa�e sheet and attach to green shee� INITIA7ING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department has a grant from the State of Minnesota for conducting liquor compliance checks at licensed beverage establishments from August 1, 1999 through June 30, 2000 (a copy of the grant is attached). All of the compliance checks will be completed in 2000. ADVANTAGESIFAPPROVED Liquor compliance checks will be done at 80 Saint Paul licensed beverage establishments. �� DISADVANTAGESIFAPPROVED None. �'br�� Q� DISADVANTAGES IF NO7 APPROVED Inability to use grant funds to conduce liquor compliance checks. �a�?«�'1�€� ��2�f�!? �"+�.'!??2P i �E@ � TOTAL AMOUNT OF TRANSACTION $ 4,980 COST/REVENUE BUDGETED (CIRCLE ONEj YES NO FUNDING SOURCE SY3Y0 OP M1IlIlBSOt2 ACTNITY NUMBER 04000 FINANCIAL WFORMATION (EXPLAIM � " " ' - MinnUnderageLiquorComplianceGrantgs.2000 . ,. STATE OF MINNESOTA ANNUAL PLAN JOINT POWERS AGREEMENT State Accounting Information: Processing Information: (Some entries may not apply.) Requisition: RQ #9100-53 Number Begin Date: 08-01-99 End Date: 06-30-00 00 -z�8' THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "Contract"), subject [o the laws of Minnesota, is behveen the State of Minnesota, acting throu�h its De artment of Public Safen�. Alcohol R Gamblina Enforcement Di�•ision (hereinafter "STATE"), which is empowered to enter inio joint powers a�reements pursuant to Minn. Stat. § 47 L59, Subd. ]0, and City ^f Saint Paul Saint Paul Police Department , address 100 East 11` Street. Saint Paul. MN (hzreinafter "GOVEILVMENTAL iINIT"), which is empowered to enier into joint powers a�reements pursuant to Minn. Stat. § 47 L59, Subd. ] 0; WHEREAS, the STATE is in need oF reimbursin local I�irisdictions for their paRicipation in a federal erant proeram to combat undzraee drinkina", and �l'HEREAS, GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform ihz services set forth herzin. NOW, THEREFORE, it is agreed: I. A. GOVERNMENTAL tIN[Ts DUTIES (Attach additional pa�e if necessary, which is incorporared by reference and madz a part of this a�reementJ GOVERNMENTAL LJNIT shall: . conduct independent compliance checks at licensed liquor establishments �� ithin theirjurisdictions. . rzport findin�s back to the STATE usin� the STATE approved reportin� fom�. [I. CONSIDERAT[ON AND TERMS OF PAYMENT: A. CONSIDERAT[ON: Consideration for all services performed by thz GOVERN�IENTAL 1NIT pursuant to this Contract shall be paid by the STATE as follows: COMPENSATION: Compensation in an amount not to exceed $4,980.00 . based on the follo�� in� method of payment: �. r .e3 �_ «zm �� (DPS.AImhulBGambl�naEnfl b o -i.�18' 2. REIM6URSEMENT: Reimbursement for travel and subsistence e:tpenses actually and necessarity incurred by the GOVERNMENTAL tTNIT in performance of this Contract in an amount not to esceed - one dollar� (S 0_00); provided, that the GOVERNMENTAL LJidIT shall be reimbursed for travel and subsistence expenses in the same manner and in no �reater amount than provided in the current "Commissioners Plan," promul�a[ed by the commissioner of Employee Relations. The GOVER2JMENTAL iJNIT shall not be reimbursed for travel and subsistencz eapznses incurred outside the State of Minnesota unless �iven prior �critten approval for such out-of-stare travel from the STATE. THE TOTAL OBLIGAT[ON OF THE STATE FOR ALL COMPENSATION AND REIMBURSE�ENTS TO GOVERNMENTAL UNIT SHALL NOT EXCEED: Four Thousand Ninz Hundrzd Eiehtv Dollars and No/]00's dollars (� 4.980.00 ). B. TERMS OF PAYMENT: 1. INVOICE: Payments shal] be made by the STATE prompdy after the GOVERNMENTAL LTN[T's presentation of invoices for services performed and accepiance of such services b}' the STATE's Authorized Representa[ive pursuan[ to dause VII. invoices shall be submitted in a form prescribed by the STATE and accordin� to the follo�ving schedule: Itemized invoice and report must be filed to�ether, in arrears, and within 30 days of die period covered by the invoice for work satisfactorily performed. Final invoice and report must be receivzd no later an July 30, 2000. 2. FEDERAL FUNDS (�Vhen appliqable.) Payments are to be made from federal funds obtained by the STATE throu�h Title Juvenile lustice & Delinquencv Prevention CFDA number 16.541 of the Dept. of Justice Act of 1974 Sec. 26t:262 (Public law 93-41� and amendments thereto). If at any time such funds become unavailable, this Connact shall be terminated immediately upon «ritten notice of such fact by the STATE to the GOVERNMENTAL UN1T. In the event of such termination the GOVERNMENTAL LJNIT shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. III. TIMELINESS: The GOVERNMENTAL UNIT shall comply with all of the time requirements described in this Contract. IV. CONDITIONS OF PAYMENT: All services provided by GOVERNMENTAL UiIIT, pursuant to this Contract, shall bz performed to the satisfaction of the STATE, as determined at the sole discretion of the STATE's Authorized Representative, and in accordance with all applicable federal, state, and local laws, ordinanczs, rules and resulations. The GOVERNMENTAL UI�!IT shall not receive payment for work Found by the STATE to bz unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or re�ulation. V. TERMS OF CONTRACT: This Contract shall be effective on Aueust. I. 19 99, or upon the date that the fina! required sionahire is obtained by the STATE, pursuant to Minn. Stat. § 16C.0�, Subd. 2, whichever occurs later, and shall remain in effect until June 30, 2000, or until all obligations set forth in this Contract ha�e been satisfactorily fulfilled or the Contract has been canceled, whichever occurs first. The GOVERNMENTAL UNIT shall have a continuing obtiQation, after said Contract period. to comply with the followins provisions of Contract clauses: X. Liability; XL State Audits; XII. Data Practices Act; XID. Intzllectual Property Ri�hts; XIV. Publicity; and XVI[l. Jurisdiction and Venue. THE GOVERNMENiAL UNIT UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT UN7IL ALL REQUIRED SIGNA"IURES HAVE BEEN OBTAINED, AND THE GOVERNMENTAL lN1T IS NOTIFIED 7'O BEGIN WORK BY THE STATE's AUTHORIZED REPRESENTATIVE. VI. CANCELLATION: This Contract ma} be canceled by the STATE at any time, �cith or without cause, upon thirty (30) days �critten notice to the GOVERNMENTAt UNIT. In the event of such a cancellation, the GOVERNMENTAL IJNIT shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. Jomi Pmrers dereemen� (DPS/ALehol R Gamb��a Enf 1 co -��.8' `!I[_ STATE's AUTHORIZED REPRESENTATIVE The SZ'ATE's Authocized Representative for the Qurposes of administration of [his Contract is Norman Pint . The GOVERNMENTAL LJNITs Authorized Representative for the purposes of adminishation of this Contract is Chief Nilliam Finnev . The STATE's Authorized Representative shall have final authority for acceptance of GOVERNMENTAL I1NIT's services and if such services are accepted as sa[isfactory, shall so certify on each invoice submitted pursuant to Clause II, para�raph B. VIQ. ASSIGNMENT: The GOVERNMENTAL tJNIT shall not assi�n, dele�ate, or transfer am• ri�hts or obli�a[ions uoder this Contract without the prior �vritten consent of the STATE. IX. AMENDMENTS: Any amendments or modifications to this Con[ract shall bz in writin� and shall not be effzctive until esecuted by [he parties to this Contract and approved by alI STATE officiats as rzquired by law. X. LIABIUTY The GOVERNMENTAL tSN1T sha{I indemnify, save and hold the S7 ATE, its representatives and emplopees, harmless from any and alt claims or causes of action, includin� all attornzys' fees incurred by the STATE, arising from the performance of this Contract by GOVERNMENTAL UNIT or GOVERNMENCAL U7vIT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UN[T may have Fo� tliz STATE's failure to fuifill its obli�ations pursuant to this ContracL XI. STATE AUD[TS: The books, records, documents and accoun[in� procedures and prac[ices of the GOVERNMENTAL UNII� and its emplo}'ees, a�ents or subcontractors relevan[ to this Contract shaf( be madz available and subject to e�amination by the STATE, includin� the contractin� AgencyiDivision, Le�isiative Auditor, and Staie Auditor for a minimum of sis years from the end date of this Contract. GOVERNMENTAL LTNIT shall also comply wi[h all federal audit requirements as siated in Attachment A., which is hereby incorporated by reference and made a part of this Contract. XII. DATA PRACTICES ACT: The GOVERNMENTAL UNIT and the STATE shall be bound by, and comply with, thz Minnesota Data Practices Act as i[ applies to all data provided by the GOVERNMENTAL iJNIT and the STATE in accordance with this Connact and as it applies to ali data created, gathered, generated, or acquired in accordance with this Contract. XIII. INTELLECTUAL PROPERTY RIGHTS - State O«ns Inteltectual Pro ert Ri�hts and Documents with a Free Licence to the GOVERNMENTAL UNIT A. INTELLECTUAL PROPERTY RIGHTS: The STA7 E shall own all ri�hts, title, and interest in all of the intellectual property ri�hts, including copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photo�raphs, ne�aYives, desi�ns, drawines, specifications, materials, tapes, and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL LJNIT, its employees, a�ents, and subcontractors, either individually or jointly with others in the perfomiance of this Contract. WORKS shall include °DOCUMENTS" DOCUMENTS are the originals of any databases, computer proerams, repoRS, nores, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intan�ible or electronic forms, prepared by the GOVERNMENTAL UNIT, its employees, a�ents, or subcontractors, in the performance of this Contract. The DOCUMENTS shall be the exclusive property of the STATE and all such DOCUMENTS shall be remitted to the STATE by the GOVERNMENTAL IJNIT upon wmpletion or cancellation of this Contract. To the extent possible, those WORKS eli�ible for copyri�ht protectlon under the United Stares Copyri�ht Act shall be deemed to be "works made for hire." The GOVERNMENTAL IJNIT a�rees to, and hereby does, assi�n al! right, title, and inrerest it may have in the WORRS and the DOCUMENTS to the STATE. The GOVERNMENTAL [JNIT shall, at the request of the STATE, esecute ali papers and perform al( other acts necessary to transfer or record the STATE's ownership interest in the �VORKS and DOCUMENTS. B. OBLIGATIONS: �, NOTIFICATIOV: Wlienever any invention, improvement, or discovery (��hether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the GOVERNMENTAL UNIT, includin� its employees and subcontractors in the performance of this Contract, the GOVERNMENTAL loinv Pmwr ayreemcm (DNS'ai.ehul R Gambime EnE; oo-ayY UNIT shall immediately�give the STATE's Authorized Representative �vritten not�ce thereof, and shal! prompily fumish the Authorized Representative w'ith complete information andlor disclosure thereon. 2. REPRESEN7'ATION: The GOVERNMENTAL UNIT shall perform all acts and take all steps necessary to ensure that all intellectua( property rights in the �VORKS and DOCUMENTS are the sole property of the STATE, and that no GOVERNMENTAL Wi IT employee, a�ent, or subcontractor retains any interest in and to the WORKS and DOCUMENTS. The GOVERNMEN"rAL LJN[T rzpresents and warrants that the WORKS and DOCUMENTS do not and shall no[ infringe upon any intellectual property ri�hts of other persons or entities. The GOVERNMENTAL (JNIT shall indemnify, defend, and hold harmless the STATE, at the GOVERNMENTAL UNIT's expense, from any action or claim brou�ht against the STATE to thz extent that it is based on a claim that all or part ofthe �VORKS or DOCUME1dTS infrin�e upon the in[ellzctual propetty rights of o[heis. The GOVER4MENTAL L7NIT sh211 be responsible for pa��ment of anq and all such claims, demands, obli�ations, liabilities, cos[s, and damages includin�, but not limitzd to, attorneys' fezs. If such a claim or action arises, or in the GOVERNVIENTAL Wi I7's or the STATE's opinion is likely to arise, thz GOVERNMENTAL IJNIT shalf, a[ the STATE's discre[ion, either procure for thz STATE the riaht or licensz to use the intetlectuai property righTS at issue or rep(ace or modify the allegedly infrin�in� WORKS or DOCUMENTS as necessary and appropriate to obviate [he infrin�ement claim. This rzmedy of the STATE shall be in addi[ion [o, and not exclusive of, other remedies provided by law. C. SURVIVAB[UTY: The ri�hts and duties of [he STATE and the GOV ERAlMENTAL UNIT provided for above shall survive the expiration or cancellation of this Contract. XIV. PUBLIGTY: Any publicity given to the program, publications, or services provided resultin� from this Contract, indudin�, but not limited to, notices, informational pamphlets, press releases, research, reports, si�ns, and similar public notices prepared b}' or for the GOVERNMENTAL IJNIT or i[s employees individually orjointly wi[h o[hers, or any subcontractors shalt identify the STATE as the sponsoring a�ency and shafl not be released, unless such release is a specific part of an approved work plan inctuded in this Contract prior to its approval by the STATE's Authorized Representative. XV. WORKERS' COMPENSATION: (V✓hen applicable.) In accordance widi the provisions of Minn. Stat. § 176.1 S2, as amended, the GOVERNMENTAL IJNIT shall provide acceptable evidence of compiiance with ihe workers' compensa[ion insurance covera�e requirement of Minn. Stat. § 176.181, Subd. 2, as amended, prior to the commencement of any duties to be performed under this Contract. XVI. ANT[TRUST: The GOVERNMENTAL UNIT hereby assi�ns to the State of Minnesota any and all c(aims for overcharges as to �oods andlor services provided in connection with this Contract resulting from antitrust violations that arise under the antitrust laws of the United States and the antitnist laws of the State of Minnesota. XV[I XVIIt PROMPT PAYMEN'T TO SUBCONTRACTORS: (When applicab(e.) GOVERNMENTAL UNIT is required to pay subcontractors pursuant to Minn. Stai. § 16A.1245. JURISDICT(ON AND VENUE: This Contract and executed ametidments ihere[o, shall be wvernzd b}' the laws of the State of Minnesota. Venue for all le�al proceedings arisinQ out of [his Contract, or breach thereof, shall be in the state or federal court with competentjurisdiction in Ramsey County, Minnesota. XIX. COMPLETE CONTRACT: This Contract, and amendments and supplements, constitutes the entire aareement beriveen the parties. XX. OTHER PROV[SIONS: None mfmPo,.asAgrcrn,zm rors;a�<onoi� ¢�'^'�—��^�E"�, � - oo-�yY IN WITl�ESS WHEREOF, the parties have caused this Con[ract to be duly executed intending to be bound thereby. APPRO�'ED: 1. GO\'ERNMENTAL UNST: GOVERNMENTAL lIN[T certifies that the appropriate pzrson(sl have execured the Contract on behalf of the GOVER\MENTAL 1JNIT as required by applicable articles. by-Sa�vs, res lut�o s, or ordinances. � Title �� e f o f P o 1 i c e� Dare 10 -`o S- �! q 2. ST�TEAGENCY: Tidz �-Cr a�j— � � ��-G7�0 Date . :. . _ - ___:�;': US `S _ ' . ., ..., ..... .:r,'s loint Pu..en �cramm� IDPSbVcohol A GambLne E+f5 Co-iyY Attachment A FEDERAL AUDIT REQUIREMENTS . For subrecipients who are state (includes Indian tribes) or local governments If the GOVERNMENTAL UNIT, hereinafter "grantee" receives total direct and indirect federal assistance of: " Equal to or in excess of S300,000 or more per year, the grantee agrees to obtain a financial and comp(iance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide thzt 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 federal financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutosy 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 caliing for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals, or other nonprofit organizations If tha graniee receives totaf direct and indirect federa( assistance of 5300,000 or more per year, the grantee agrees to obtain a financial and compiiance 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 Gircular 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 frequently than every two years. 3. Afl zudi[s 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 Orqanizations Proqrams Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OM8 Circular A-133 as applicabie. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "SF°ciai Reports;' as applicable. The reporting requirements for audit reports on compliance and internal controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Appllcable to Governmentai Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Locai Governmentai Units." In 2ddition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, inciuding a plan for corrective action taken or planned and comments on the status of corrective action taken on prior fncings. 14 corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. l'he grantee agrees that the grantor, the Legis(ative Auditor, the State Auditor, and any independent auditor designated by _he grantor shall have such access to grantee's records and financiai statements as may be necessary for ihe grantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. loin� Pw�cn Agrscmcm (OPS'�Imhol R G+mbl�ne E+fb �o-�� 6. Gran:aes of federal Tnancial assistance from subrecipients are afso required to comply with the Single Audii Act and the OMB Circular A-133, as applica6le. The grantee agrees to retain documentation to support the schedule of federal assistance. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safeiy, within 30 days after the completion of the zudit, but no later than one year after the end of fhe audit period. The Department of Public Safety's audit report should be addressed to: Minnesofa Department of Public Saiety Offce of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 5510�-5126 Recipients of more that �300,000 in federal funds are to submit one copy of the audit reporf within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 90th Street Jefferson, indiana 47132 Attn: Single Audit Clearinghouse Jom� Puuers 4erernrom (OPSldlmhal X Gamblm�e En%I ] Return Copy To: O R� G� N A L Police Dept. Accounting Presented By: Referred To: RESOLUTION OF SAINT PAUL, MINNESOTA Council File # 00 — e1�{� Green 5heet # �31 14 $4 Committee:Date: 1� 1 WHEREAS, the Minnesota Department of Public Safety has awarded a S4,980 Underage Compliance Check 2 Program grant to the Saint Paul Police Deparhnent for the period August 1, 1999 through June 30, 2000; and WHEREAS, this grant will be used to conduct liquor compliance checks at licensed beverage establishments; and 6 WI the compliance checks for this program will be performed in 2000 using poGce overtime, decoys, and 7 liquor purchases at the licensed beverage establishments; and 8 9 WIIEREAS, the Saint Paul Police Department needs to establish a 2000 spending and fmancing for this grant; and 10 comp6ance checks to reduce underage alcohol use; and I1 12 13 14 15 IG 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of S4,980 in excess of those estimated in the 2000 budget; and WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: CURRENT AMENDED BUDGET CHANGES BUDGET FINANCING PI.AN: 320-Building Inspection & Design 33353-Customer Service 7299-Transferfrom GeneralFund - 500 500 SPENDING PLAN: 320-Building Inspection & Design 33353-Customer Service 0298-Investigations FINANCING PLAN: 001-General Fund 04000-ChiePs Office 3400-State Direct Grantsin Aid SPENDING PLAN: 001-GeneralFund 04000-ChiePs Office 0141-Overtime 0439-Fringe Benefits 0558-Transfer to Special Revenue Fund THEREFORE BE IT RESOLVED, that the City Council accepts this to enter into an asreement with the Minnesota Deoartment of Public � 20,000 500 20,500 > ,� - 4,980 4,980 - , > 123,445 3,900 (27,345 1,388,447 580 1,389,027 - 500 500 e� > e e� r authorizes Chief Witliam Finney and accepts the changes to the 2000 Requested by Departr nt of:' � / By: Approval Recommended by Fiva cia B "�"- 6C Form App oved b City Attorney: By: J Approved 6, May g for Su CJ� Services DireMor: Council: Adoption Certified by Counc� '�r'�� i�� /'./ «O L DEPARTMEN7/OFFICEICOUNCIL DATE INITIATED PoliceDepaztrnent zn9ioo GREEN SHEET rvo. 104584 CONTACT PERSON & PHONE iNrtIAUDA INrt1AVDATE OO � C 1llP.11']�1� 292-3588 � OEPPRTMQiTOIREROR 5 GTYCOUNQL MUST BE ON COUNCI� AGENDA BY (DATE) ,�^ P1e250 piOCOSS ASAP �crtvnnonnev r _ � ❑CRYCLERK �FWWCIALSERNCESpIR �FWUiCNLSERV/ACttG ; � Z �''""' ' '_a��y.� �MAYON�ORASSISTANT� " �numwnRlGHiS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached councIl resolution accepting a liquor compliance grant from the Minnesota Department of Public Safery and establishing a 2000 spending and financing plan for the grant. RECOMMENDATION App�ove (A) or Rejec[ (R) PERSONAL SERVICE CONTRACTS MIIST ANSWER THE FOLLOWING �UESTIONS: 1. Has this personKrm everworked under a contract for ihis departmentt PLANNING COMMISSION YES No CIB COMMITTEE 2. Has this person/firm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3 �oes this person/frm possess a skill not normally possessed by any wrrent city employee� YES NO 4 Is this persoNfirm a �argeted vendor� YES NO Explain all yes answers on separa�e sheet and attach to green shee� INITIA7ING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department has a grant from the State of Minnesota for conducting liquor compliance checks at licensed beverage establishments from August 1, 1999 through June 30, 2000 (a copy of the grant is attached). All of the compliance checks will be completed in 2000. ADVANTAGESIFAPPROVED Liquor compliance checks will be done at 80 Saint Paul licensed beverage establishments. �� DISADVANTAGESIFAPPROVED None. �'br�� Q� DISADVANTAGES IF NO7 APPROVED Inability to use grant funds to conduce liquor compliance checks. �a�?«�'1�€� ��2�f�!? �"+�.'!??2P i �E@ � TOTAL AMOUNT OF TRANSACTION $ 4,980 COST/REVENUE BUDGETED (CIRCLE ONEj YES NO FUNDING SOURCE SY3Y0 OP M1IlIlBSOt2 ACTNITY NUMBER 04000 FINANCIAL WFORMATION (EXPLAIM � " " ' - MinnUnderageLiquorComplianceGrantgs.2000 . ,. STATE OF MINNESOTA ANNUAL PLAN JOINT POWERS AGREEMENT State Accounting Information: Processing Information: (Some entries may not apply.) Requisition: RQ #9100-53 Number Begin Date: 08-01-99 End Date: 06-30-00 00 -z�8' THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "Contract"), subject [o the laws of Minnesota, is behveen the State of Minnesota, acting throu�h its De artment of Public Safen�. Alcohol R Gamblina Enforcement Di�•ision (hereinafter "STATE"), which is empowered to enter inio joint powers a�reements pursuant to Minn. Stat. § 47 L59, Subd. ]0, and City ^f Saint Paul Saint Paul Police Department , address 100 East 11` Street. Saint Paul. MN (hzreinafter "GOVEILVMENTAL iINIT"), which is empowered to enier into joint powers a�reements pursuant to Minn. Stat. § 47 L59, Subd. ] 0; WHEREAS, the STATE is in need oF reimbursin local I�irisdictions for their paRicipation in a federal erant proeram to combat undzraee drinkina", and �l'HEREAS, GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform ihz services set forth herzin. NOW, THEREFORE, it is agreed: I. A. GOVERNMENTAL tIN[Ts DUTIES (Attach additional pa�e if necessary, which is incorporared by reference and madz a part of this a�reementJ GOVERNMENTAL LJNIT shall: . conduct independent compliance checks at licensed liquor establishments �� ithin theirjurisdictions. . rzport findin�s back to the STATE usin� the STATE approved reportin� fom�. [I. CONSIDERAT[ON AND TERMS OF PAYMENT: A. CONSIDERAT[ON: Consideration for all services performed by thz GOVERN�IENTAL 1NIT pursuant to this Contract shall be paid by the STATE as follows: COMPENSATION: Compensation in an amount not to exceed $4,980.00 . based on the follo�� in� method of payment: �. r .e3 �_ «zm �� (DPS.AImhulBGambl�naEnfl b o -i.�18' 2. REIM6URSEMENT: Reimbursement for travel and subsistence e:tpenses actually and necessarity incurred by the GOVERNMENTAL tTNIT in performance of this Contract in an amount not to esceed - one dollar� (S 0_00); provided, that the GOVERNMENTAL LJidIT shall be reimbursed for travel and subsistence expenses in the same manner and in no �reater amount than provided in the current "Commissioners Plan," promul�a[ed by the commissioner of Employee Relations. The GOVER2JMENTAL iJNIT shall not be reimbursed for travel and subsistencz eapznses incurred outside the State of Minnesota unless �iven prior �critten approval for such out-of-stare travel from the STATE. THE TOTAL OBLIGAT[ON OF THE STATE FOR ALL COMPENSATION AND REIMBURSE�ENTS TO GOVERNMENTAL UNIT SHALL NOT EXCEED: Four Thousand Ninz Hundrzd Eiehtv Dollars and No/]00's dollars (� 4.980.00 ). B. TERMS OF PAYMENT: 1. INVOICE: Payments shal] be made by the STATE prompdy after the GOVERNMENTAL LTN[T's presentation of invoices for services performed and accepiance of such services b}' the STATE's Authorized Representa[ive pursuan[ to dause VII. invoices shall be submitted in a form prescribed by the STATE and accordin� to the follo�ving schedule: Itemized invoice and report must be filed to�ether, in arrears, and within 30 days of die period covered by the invoice for work satisfactorily performed. Final invoice and report must be receivzd no later an July 30, 2000. 2. FEDERAL FUNDS (�Vhen appliqable.) Payments are to be made from federal funds obtained by the STATE throu�h Title Juvenile lustice & Delinquencv Prevention CFDA number 16.541 of the Dept. of Justice Act of 1974 Sec. 26t:262 (Public law 93-41� and amendments thereto). If at any time such funds become unavailable, this Connact shall be terminated immediately upon «ritten notice of such fact by the STATE to the GOVERNMENTAL UN1T. In the event of such termination the GOVERNMENTAL LJNIT shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. III. TIMELINESS: The GOVERNMENTAL UNIT shall comply with all of the time requirements described in this Contract. IV. CONDITIONS OF PAYMENT: All services provided by GOVERNMENTAL UiIIT, pursuant to this Contract, shall bz performed to the satisfaction of the STATE, as determined at the sole discretion of the STATE's Authorized Representative, and in accordance with all applicable federal, state, and local laws, ordinanczs, rules and resulations. The GOVERNMENTAL UI�!IT shall not receive payment for work Found by the STATE to bz unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or re�ulation. V. TERMS OF CONTRACT: This Contract shall be effective on Aueust. I. 19 99, or upon the date that the fina! required sionahire is obtained by the STATE, pursuant to Minn. Stat. § 16C.0�, Subd. 2, whichever occurs later, and shall remain in effect until June 30, 2000, or until all obligations set forth in this Contract ha�e been satisfactorily fulfilled or the Contract has been canceled, whichever occurs first. The GOVERNMENTAL UNIT shall have a continuing obtiQation, after said Contract period. to comply with the followins provisions of Contract clauses: X. Liability; XL State Audits; XII. Data Practices Act; XID. Intzllectual Property Ri�hts; XIV. Publicity; and XVI[l. Jurisdiction and Venue. THE GOVERNMENiAL UNIT UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT UN7IL ALL REQUIRED SIGNA"IURES HAVE BEEN OBTAINED, AND THE GOVERNMENTAL lN1T IS NOTIFIED 7'O BEGIN WORK BY THE STATE's AUTHORIZED REPRESENTATIVE. VI. CANCELLATION: This Contract ma} be canceled by the STATE at any time, �cith or without cause, upon thirty (30) days �critten notice to the GOVERNMENTAt UNIT. In the event of such a cancellation, the GOVERNMENTAL IJNIT shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. Jomi Pmrers dereemen� (DPS/ALehol R Gamb��a Enf 1 co -��.8' `!I[_ STATE's AUTHORIZED REPRESENTATIVE The SZ'ATE's Authocized Representative for the Qurposes of administration of [his Contract is Norman Pint . The GOVERNMENTAL LJNITs Authorized Representative for the purposes of adminishation of this Contract is Chief Nilliam Finnev . The STATE's Authorized Representative shall have final authority for acceptance of GOVERNMENTAL I1NIT's services and if such services are accepted as sa[isfactory, shall so certify on each invoice submitted pursuant to Clause II, para�raph B. VIQ. ASSIGNMENT: The GOVERNMENTAL tJNIT shall not assi�n, dele�ate, or transfer am• ri�hts or obli�a[ions uoder this Contract without the prior �vritten consent of the STATE. IX. AMENDMENTS: Any amendments or modifications to this Con[ract shall bz in writin� and shall not be effzctive until esecuted by [he parties to this Contract and approved by alI STATE officiats as rzquired by law. X. LIABIUTY The GOVERNMENTAL tSN1T sha{I indemnify, save and hold the S7 ATE, its representatives and emplopees, harmless from any and alt claims or causes of action, includin� all attornzys' fees incurred by the STATE, arising from the performance of this Contract by GOVERNMENTAL UNIT or GOVERNMENCAL U7vIT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UN[T may have Fo� tliz STATE's failure to fuifill its obli�ations pursuant to this ContracL XI. STATE AUD[TS: The books, records, documents and accoun[in� procedures and prac[ices of the GOVERNMENTAL UNII� and its emplo}'ees, a�ents or subcontractors relevan[ to this Contract shaf( be madz available and subject to e�amination by the STATE, includin� the contractin� AgencyiDivision, Le�isiative Auditor, and Staie Auditor for a minimum of sis years from the end date of this Contract. GOVERNMENTAL LTNIT shall also comply wi[h all federal audit requirements as siated in Attachment A., which is hereby incorporated by reference and made a part of this Contract. XII. DATA PRACTICES ACT: The GOVERNMENTAL UNIT and the STATE shall be bound by, and comply with, thz Minnesota Data Practices Act as i[ applies to all data provided by the GOVERNMENTAL iJNIT and the STATE in accordance with this Connact and as it applies to ali data created, gathered, generated, or acquired in accordance with this Contract. XIII. INTELLECTUAL PROPERTY RIGHTS - State O«ns Inteltectual Pro ert Ri�hts and Documents with a Free Licence to the GOVERNMENTAL UNIT A. INTELLECTUAL PROPERTY RIGHTS: The STA7 E shall own all ri�hts, title, and interest in all of the intellectual property ri�hts, including copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photo�raphs, ne�aYives, desi�ns, drawines, specifications, materials, tapes, and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL LJNIT, its employees, a�ents, and subcontractors, either individually or jointly with others in the perfomiance of this Contract. WORKS shall include °DOCUMENTS" DOCUMENTS are the originals of any databases, computer proerams, repoRS, nores, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intan�ible or electronic forms, prepared by the GOVERNMENTAL UNIT, its employees, a�ents, or subcontractors, in the performance of this Contract. The DOCUMENTS shall be the exclusive property of the STATE and all such DOCUMENTS shall be remitted to the STATE by the GOVERNMENTAL IJNIT upon wmpletion or cancellation of this Contract. To the extent possible, those WORKS eli�ible for copyri�ht protectlon under the United Stares Copyri�ht Act shall be deemed to be "works made for hire." The GOVERNMENTAL IJNIT a�rees to, and hereby does, assi�n al! right, title, and inrerest it may have in the WORRS and the DOCUMENTS to the STATE. The GOVERNMENTAL [JNIT shall, at the request of the STATE, esecute ali papers and perform al( other acts necessary to transfer or record the STATE's ownership interest in the �VORKS and DOCUMENTS. B. OBLIGATIONS: �, NOTIFICATIOV: Wlienever any invention, improvement, or discovery (��hether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the GOVERNMENTAL UNIT, includin� its employees and subcontractors in the performance of this Contract, the GOVERNMENTAL loinv Pmwr ayreemcm (DNS'ai.ehul R Gambime EnE; oo-ayY UNIT shall immediately�give the STATE's Authorized Representative �vritten not�ce thereof, and shal! prompily fumish the Authorized Representative w'ith complete information andlor disclosure thereon. 2. REPRESEN7'ATION: The GOVERNMENTAL UNIT shall perform all acts and take all steps necessary to ensure that all intellectua( property rights in the �VORKS and DOCUMENTS are the sole property of the STATE, and that no GOVERNMENTAL Wi IT employee, a�ent, or subcontractor retains any interest in and to the WORKS and DOCUMENTS. The GOVERNMEN"rAL LJN[T rzpresents and warrants that the WORKS and DOCUMENTS do not and shall no[ infringe upon any intellectual property ri�hts of other persons or entities. The GOVERNMENTAL (JNIT shall indemnify, defend, and hold harmless the STATE, at the GOVERNMENTAL UNIT's expense, from any action or claim brou�ht against the STATE to thz extent that it is based on a claim that all or part ofthe �VORKS or DOCUME1dTS infrin�e upon the in[ellzctual propetty rights of o[heis. The GOVER4MENTAL L7NIT sh211 be responsible for pa��ment of anq and all such claims, demands, obli�ations, liabilities, cos[s, and damages includin�, but not limitzd to, attorneys' fezs. If such a claim or action arises, or in the GOVERNVIENTAL Wi I7's or the STATE's opinion is likely to arise, thz GOVERNMENTAL IJNIT shalf, a[ the STATE's discre[ion, either procure for thz STATE the riaht or licensz to use the intetlectuai property righTS at issue or rep(ace or modify the allegedly infrin�in� WORKS or DOCUMENTS as necessary and appropriate to obviate [he infrin�ement claim. This rzmedy of the STATE shall be in addi[ion [o, and not exclusive of, other remedies provided by law. C. SURVIVAB[UTY: The ri�hts and duties of [he STATE and the GOV ERAlMENTAL UNIT provided for above shall survive the expiration or cancellation of this Contract. XIV. PUBLIGTY: Any publicity given to the program, publications, or services provided resultin� from this Contract, indudin�, but not limited to, notices, informational pamphlets, press releases, research, reports, si�ns, and similar public notices prepared b}' or for the GOVERNMENTAL IJNIT or i[s employees individually orjointly wi[h o[hers, or any subcontractors shalt identify the STATE as the sponsoring a�ency and shafl not be released, unless such release is a specific part of an approved work plan inctuded in this Contract prior to its approval by the STATE's Authorized Representative. XV. WORKERS' COMPENSATION: (V✓hen applicable.) In accordance widi the provisions of Minn. Stat. § 176.1 S2, as amended, the GOVERNMENTAL IJNIT shall provide acceptable evidence of compiiance with ihe workers' compensa[ion insurance covera�e requirement of Minn. Stat. § 176.181, Subd. 2, as amended, prior to the commencement of any duties to be performed under this Contract. XVI. ANT[TRUST: The GOVERNMENTAL UNIT hereby assi�ns to the State of Minnesota any and all c(aims for overcharges as to �oods andlor services provided in connection with this Contract resulting from antitrust violations that arise under the antitrust laws of the United States and the antitnist laws of the State of Minnesota. XV[I XVIIt PROMPT PAYMEN'T TO SUBCONTRACTORS: (When applicab(e.) GOVERNMENTAL UNIT is required to pay subcontractors pursuant to Minn. Stai. § 16A.1245. JURISDICT(ON AND VENUE: This Contract and executed ametidments ihere[o, shall be wvernzd b}' the laws of the State of Minnesota. Venue for all le�al proceedings arisinQ out of [his Contract, or breach thereof, shall be in the state or federal court with competentjurisdiction in Ramsey County, Minnesota. XIX. COMPLETE CONTRACT: This Contract, and amendments and supplements, constitutes the entire aareement beriveen the parties. XX. OTHER PROV[SIONS: None mfmPo,.asAgrcrn,zm rors;a�<onoi� ¢�'^'�—��^�E"�, � - oo-�yY IN WITl�ESS WHEREOF, the parties have caused this Con[ract to be duly executed intending to be bound thereby. APPRO�'ED: 1. GO\'ERNMENTAL UNST: GOVERNMENTAL lIN[T certifies that the appropriate pzrson(sl have execured the Contract on behalf of the GOVER\MENTAL 1JNIT as required by applicable articles. by-Sa�vs, res lut�o s, or ordinances. � Title �� e f o f P o 1 i c e� Dare 10 -`o S- �! q 2. ST�TEAGENCY: Tidz �-Cr a�j— � � ��-G7�0 Date . :. . _ - ___:�;': US `S _ ' . ., ..., ..... .:r,'s loint Pu..en �cramm� IDPSbVcohol A GambLne E+f5 Co-iyY Attachment A FEDERAL AUDIT REQUIREMENTS . For subrecipients who are state (includes Indian tribes) or local governments If the GOVERNMENTAL UNIT, hereinafter "grantee" receives total direct and indirect federal assistance of: " Equal to or in excess of S300,000 or more per year, the grantee agrees to obtain a financial and comp(iance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide thzt 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 federal financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutosy 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 caliing for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals, or other nonprofit organizations If tha graniee receives totaf direct and indirect federa( assistance of 5300,000 or more per year, the grantee agrees to obtain a financial and compiiance 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 Gircular 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 frequently than every two years. 3. Afl zudi[s 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 Orqanizations Proqrams Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OM8 Circular A-133 as applicabie. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "SF°ciai Reports;' as applicable. The reporting requirements for audit reports on compliance and internal controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Appllcable to Governmentai Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Locai Governmentai Units." In 2ddition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, inciuding a plan for corrective action taken or planned and comments on the status of corrective action taken on prior fncings. 14 corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. l'he grantee agrees that the grantor, the Legis(ative Auditor, the State Auditor, and any independent auditor designated by _he grantor shall have such access to grantee's records and financiai statements as may be necessary for ihe grantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. loin� Pw�cn Agrscmcm (OPS'�Imhol R G+mbl�ne E+fb �o-�� 6. Gran:aes of federal Tnancial assistance from subrecipients are afso required to comply with the Single Audii Act and the OMB Circular A-133, as applica6le. The grantee agrees to retain documentation to support the schedule of federal assistance. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safeiy, within 30 days after the completion of the zudit, but no later than one year after the end of fhe audit period. The Department of Public Safety's audit report should be addressed to: Minnesofa Department of Public Saiety Offce of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 5510�-5126 Recipients of more that �300,000 in federal funds are to submit one copy of the audit reporf within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 90th Street Jefferson, indiana 47132 Attn: Single Audit Clearinghouse Jom� Puuers 4erernrom (OPSldlmhal X Gamblm�e En%I ] Return Copy To: O R� G� N A L Police Dept. Accounting Presented By: Referred To: RESOLUTION OF SAINT PAUL, MINNESOTA Council File # 00 — e1�{� Green 5heet # �31 14 $4 Committee:Date: 1� 1 WHEREAS, the Minnesota Department of Public Safety has awarded a S4,980 Underage Compliance Check 2 Program grant to the Saint Paul Police Deparhnent for the period August 1, 1999 through June 30, 2000; and WHEREAS, this grant will be used to conduct liquor compliance checks at licensed beverage establishments; and 6 WI the compliance checks for this program will be performed in 2000 using poGce overtime, decoys, and 7 liquor purchases at the licensed beverage establishments; and 8 9 WIIEREAS, the Saint Paul Police Department needs to establish a 2000 spending and fmancing for this grant; and 10 comp6ance checks to reduce underage alcohol use; and I1 12 13 14 15 IG 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of S4,980 in excess of those estimated in the 2000 budget; and WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: CURRENT AMENDED BUDGET CHANGES BUDGET FINANCING PI.AN: 320-Building Inspection & Design 33353-Customer Service 7299-Transferfrom GeneralFund - 500 500 SPENDING PLAN: 320-Building Inspection & Design 33353-Customer Service 0298-Investigations FINANCING PLAN: 001-General Fund 04000-ChiePs Office 3400-State Direct Grantsin Aid SPENDING PLAN: 001-GeneralFund 04000-ChiePs Office 0141-Overtime 0439-Fringe Benefits 0558-Transfer to Special Revenue Fund THEREFORE BE IT RESOLVED, that the City Council accepts this to enter into an asreement with the Minnesota Deoartment of Public � 20,000 500 20,500 > ,� - 4,980 4,980 - , > 123,445 3,900 (27,345 1,388,447 580 1,389,027 - 500 500 e� > e e� r authorizes Chief Witliam Finney and accepts the changes to the 2000 Requested by Departr nt of:' � / By: Approval Recommended by Fiva cia B "�"- 6C Form App oved b City Attorney: By: J Approved 6, May g for Su CJ� Services DireMor: Council: Adoption Certified by Counc� '�r'�� i�� /'./ «O L DEPARTMEN7/OFFICEICOUNCIL DATE INITIATED PoliceDepaztrnent zn9ioo GREEN SHEET rvo. 104584 CONTACT PERSON & PHONE iNrtIAUDA INrt1AVDATE OO � C 1llP.11']�1� 292-3588 � OEPPRTMQiTOIREROR 5 GTYCOUNQL MUST BE ON COUNCI� AGENDA BY (DATE) ,�^ P1e250 piOCOSS ASAP �crtvnnonnev r _ � ❑CRYCLERK �FWWCIALSERNCESpIR �FWUiCNLSERV/ACttG ; � Z �''""' ' '_a��y.� �MAYON�ORASSISTANT� " �numwnRlGHiS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached councIl resolution accepting a liquor compliance grant from the Minnesota Department of Public Safery and establishing a 2000 spending and financing plan for the grant. RECOMMENDATION App�ove (A) or Rejec[ (R) PERSONAL SERVICE CONTRACTS MIIST ANSWER THE FOLLOWING �UESTIONS: 1. Has this personKrm everworked under a contract for ihis departmentt PLANNING COMMISSION YES No CIB COMMITTEE 2. Has this person/firm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3 �oes this person/frm possess a skill not normally possessed by any wrrent city employee� YES NO 4 Is this persoNfirm a �argeted vendor� YES NO Explain all yes answers on separa�e sheet and attach to green shee� INITIA7ING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department has a grant from the State of Minnesota for conducting liquor compliance checks at licensed beverage establishments from August 1, 1999 through June 30, 2000 (a copy of the grant is attached). All of the compliance checks will be completed in 2000. ADVANTAGESIFAPPROVED Liquor compliance checks will be done at 80 Saint Paul licensed beverage establishments. �� DISADVANTAGESIFAPPROVED None. �'br�� Q� DISADVANTAGES IF NO7 APPROVED Inability to use grant funds to conduce liquor compliance checks. �a�?«�'1�€� ��2�f�!? �"+�.'!??2P i �E@ � TOTAL AMOUNT OF TRANSACTION $ 4,980 COST/REVENUE BUDGETED (CIRCLE ONEj YES NO FUNDING SOURCE SY3Y0 OP M1IlIlBSOt2 ACTNITY NUMBER 04000 FINANCIAL WFORMATION (EXPLAIM � " " ' - MinnUnderageLiquorComplianceGrantgs.2000 . ,. STATE OF MINNESOTA ANNUAL PLAN JOINT POWERS AGREEMENT State Accounting Information: Processing Information: (Some entries may not apply.) Requisition: RQ #9100-53 Number Begin Date: 08-01-99 End Date: 06-30-00 00 -z�8' THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "Contract"), subject [o the laws of Minnesota, is behveen the State of Minnesota, acting throu�h its De artment of Public Safen�. Alcohol R Gamblina Enforcement Di�•ision (hereinafter "STATE"), which is empowered to enter inio joint powers a�reements pursuant to Minn. Stat. § 47 L59, Subd. ]0, and City ^f Saint Paul Saint Paul Police Department , address 100 East 11` Street. Saint Paul. MN (hzreinafter "GOVEILVMENTAL iINIT"), which is empowered to enier into joint powers a�reements pursuant to Minn. Stat. § 47 L59, Subd. ] 0; WHEREAS, the STATE is in need oF reimbursin local I�irisdictions for their paRicipation in a federal erant proeram to combat undzraee drinkina", and �l'HEREAS, GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform ihz services set forth herzin. NOW, THEREFORE, it is agreed: I. A. GOVERNMENTAL tIN[Ts DUTIES (Attach additional pa�e if necessary, which is incorporared by reference and madz a part of this a�reementJ GOVERNMENTAL LJNIT shall: . conduct independent compliance checks at licensed liquor establishments �� ithin theirjurisdictions. . rzport findin�s back to the STATE usin� the STATE approved reportin� fom�. [I. CONSIDERAT[ON AND TERMS OF PAYMENT: A. CONSIDERAT[ON: Consideration for all services performed by thz GOVERN�IENTAL 1NIT pursuant to this Contract shall be paid by the STATE as follows: COMPENSATION: Compensation in an amount not to exceed $4,980.00 . based on the follo�� in� method of payment: �. r .e3 �_ «zm �� (DPS.AImhulBGambl�naEnfl b o -i.�18' 2. REIM6URSEMENT: Reimbursement for travel and subsistence e:tpenses actually and necessarity incurred by the GOVERNMENTAL tTNIT in performance of this Contract in an amount not to esceed - one dollar� (S 0_00); provided, that the GOVERNMENTAL LJidIT shall be reimbursed for travel and subsistence expenses in the same manner and in no �reater amount than provided in the current "Commissioners Plan," promul�a[ed by the commissioner of Employee Relations. The GOVER2JMENTAL iJNIT shall not be reimbursed for travel and subsistencz eapznses incurred outside the State of Minnesota unless �iven prior �critten approval for such out-of-stare travel from the STATE. THE TOTAL OBLIGAT[ON OF THE STATE FOR ALL COMPENSATION AND REIMBURSE�ENTS TO GOVERNMENTAL UNIT SHALL NOT EXCEED: Four Thousand Ninz Hundrzd Eiehtv Dollars and No/]00's dollars (� 4.980.00 ). B. TERMS OF PAYMENT: 1. INVOICE: Payments shal] be made by the STATE prompdy after the GOVERNMENTAL LTN[T's presentation of invoices for services performed and accepiance of such services b}' the STATE's Authorized Representa[ive pursuan[ to dause VII. invoices shall be submitted in a form prescribed by the STATE and accordin� to the follo�ving schedule: Itemized invoice and report must be filed to�ether, in arrears, and within 30 days of die period covered by the invoice for work satisfactorily performed. Final invoice and report must be receivzd no later an July 30, 2000. 2. FEDERAL FUNDS (�Vhen appliqable.) Payments are to be made from federal funds obtained by the STATE throu�h Title Juvenile lustice & Delinquencv Prevention CFDA number 16.541 of the Dept. of Justice Act of 1974 Sec. 26t:262 (Public law 93-41� and amendments thereto). If at any time such funds become unavailable, this Connact shall be terminated immediately upon «ritten notice of such fact by the STATE to the GOVERNMENTAL UN1T. In the event of such termination the GOVERNMENTAL LJNIT shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. III. TIMELINESS: The GOVERNMENTAL UNIT shall comply with all of the time requirements described in this Contract. IV. CONDITIONS OF PAYMENT: All services provided by GOVERNMENTAL UiIIT, pursuant to this Contract, shall bz performed to the satisfaction of the STATE, as determined at the sole discretion of the STATE's Authorized Representative, and in accordance with all applicable federal, state, and local laws, ordinanczs, rules and resulations. The GOVERNMENTAL UI�!IT shall not receive payment for work Found by the STATE to bz unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or re�ulation. V. TERMS OF CONTRACT: This Contract shall be effective on Aueust. I. 19 99, or upon the date that the fina! required sionahire is obtained by the STATE, pursuant to Minn. Stat. § 16C.0�, Subd. 2, whichever occurs later, and shall remain in effect until June 30, 2000, or until all obligations set forth in this Contract ha�e been satisfactorily fulfilled or the Contract has been canceled, whichever occurs first. The GOVERNMENTAL UNIT shall have a continuing obtiQation, after said Contract period. to comply with the followins provisions of Contract clauses: X. Liability; XL State Audits; XII. Data Practices Act; XID. Intzllectual Property Ri�hts; XIV. Publicity; and XVI[l. Jurisdiction and Venue. THE GOVERNMENiAL UNIT UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT UN7IL ALL REQUIRED SIGNA"IURES HAVE BEEN OBTAINED, AND THE GOVERNMENTAL lN1T IS NOTIFIED 7'O BEGIN WORK BY THE STATE's AUTHORIZED REPRESENTATIVE. VI. CANCELLATION: This Contract ma} be canceled by the STATE at any time, �cith or without cause, upon thirty (30) days �critten notice to the GOVERNMENTAt UNIT. In the event of such a cancellation, the GOVERNMENTAL IJNIT shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. Jomi Pmrers dereemen� (DPS/ALehol R Gamb��a Enf 1 co -��.8' `!I[_ STATE's AUTHORIZED REPRESENTATIVE The SZ'ATE's Authocized Representative for the Qurposes of administration of [his Contract is Norman Pint . The GOVERNMENTAL LJNITs Authorized Representative for the purposes of adminishation of this Contract is Chief Nilliam Finnev . The STATE's Authorized Representative shall have final authority for acceptance of GOVERNMENTAL I1NIT's services and if such services are accepted as sa[isfactory, shall so certify on each invoice submitted pursuant to Clause II, para�raph B. VIQ. ASSIGNMENT: The GOVERNMENTAL tJNIT shall not assi�n, dele�ate, or transfer am• ri�hts or obli�a[ions uoder this Contract without the prior �vritten consent of the STATE. IX. AMENDMENTS: Any amendments or modifications to this Con[ract shall bz in writin� and shall not be effzctive until esecuted by [he parties to this Contract and approved by alI STATE officiats as rzquired by law. X. LIABIUTY The GOVERNMENTAL tSN1T sha{I indemnify, save and hold the S7 ATE, its representatives and emplopees, harmless from any and alt claims or causes of action, includin� all attornzys' fees incurred by the STATE, arising from the performance of this Contract by GOVERNMENTAL UNIT or GOVERNMENCAL U7vIT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UN[T may have Fo� tliz STATE's failure to fuifill its obli�ations pursuant to this ContracL XI. STATE AUD[TS: The books, records, documents and accoun[in� procedures and prac[ices of the GOVERNMENTAL UNII� and its emplo}'ees, a�ents or subcontractors relevan[ to this Contract shaf( be madz available and subject to e�amination by the STATE, includin� the contractin� AgencyiDivision, Le�isiative Auditor, and Staie Auditor for a minimum of sis years from the end date of this Contract. GOVERNMENTAL LTNIT shall also comply wi[h all federal audit requirements as siated in Attachment A., which is hereby incorporated by reference and made a part of this Contract. XII. DATA PRACTICES ACT: The GOVERNMENTAL UNIT and the STATE shall be bound by, and comply with, thz Minnesota Data Practices Act as i[ applies to all data provided by the GOVERNMENTAL iJNIT and the STATE in accordance with this Connact and as it applies to ali data created, gathered, generated, or acquired in accordance with this Contract. XIII. INTELLECTUAL PROPERTY RIGHTS - State O«ns Inteltectual Pro ert Ri�hts and Documents with a Free Licence to the GOVERNMENTAL UNIT A. INTELLECTUAL PROPERTY RIGHTS: The STA7 E shall own all ri�hts, title, and interest in all of the intellectual property ri�hts, including copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photo�raphs, ne�aYives, desi�ns, drawines, specifications, materials, tapes, and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL LJNIT, its employees, a�ents, and subcontractors, either individually or jointly with others in the perfomiance of this Contract. WORKS shall include °DOCUMENTS" DOCUMENTS are the originals of any databases, computer proerams, repoRS, nores, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intan�ible or electronic forms, prepared by the GOVERNMENTAL UNIT, its employees, a�ents, or subcontractors, in the performance of this Contract. The DOCUMENTS shall be the exclusive property of the STATE and all such DOCUMENTS shall be remitted to the STATE by the GOVERNMENTAL IJNIT upon wmpletion or cancellation of this Contract. To the extent possible, those WORKS eli�ible for copyri�ht protectlon under the United Stares Copyri�ht Act shall be deemed to be "works made for hire." The GOVERNMENTAL IJNIT a�rees to, and hereby does, assi�n al! right, title, and inrerest it may have in the WORRS and the DOCUMENTS to the STATE. The GOVERNMENTAL [JNIT shall, at the request of the STATE, esecute ali papers and perform al( other acts necessary to transfer or record the STATE's ownership interest in the �VORKS and DOCUMENTS. B. OBLIGATIONS: �, NOTIFICATIOV: Wlienever any invention, improvement, or discovery (��hether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the GOVERNMENTAL UNIT, includin� its employees and subcontractors in the performance of this Contract, the GOVERNMENTAL loinv Pmwr ayreemcm (DNS'ai.ehul R Gambime EnE; oo-ayY UNIT shall immediately�give the STATE's Authorized Representative �vritten not�ce thereof, and shal! prompily fumish the Authorized Representative w'ith complete information andlor disclosure thereon. 2. REPRESEN7'ATION: The GOVERNMENTAL UNIT shall perform all acts and take all steps necessary to ensure that all intellectua( property rights in the �VORKS and DOCUMENTS are the sole property of the STATE, and that no GOVERNMENTAL Wi IT employee, a�ent, or subcontractor retains any interest in and to the WORKS and DOCUMENTS. The GOVERNMEN"rAL LJN[T rzpresents and warrants that the WORKS and DOCUMENTS do not and shall no[ infringe upon any intellectual property ri�hts of other persons or entities. The GOVERNMENTAL (JNIT shall indemnify, defend, and hold harmless the STATE, at the GOVERNMENTAL UNIT's expense, from any action or claim brou�ht against the STATE to thz extent that it is based on a claim that all or part ofthe �VORKS or DOCUME1dTS infrin�e upon the in[ellzctual propetty rights of o[heis. The GOVER4MENTAL L7NIT sh211 be responsible for pa��ment of anq and all such claims, demands, obli�ations, liabilities, cos[s, and damages includin�, but not limitzd to, attorneys' fezs. If such a claim or action arises, or in the GOVERNVIENTAL Wi I7's or the STATE's opinion is likely to arise, thz GOVERNMENTAL IJNIT shalf, a[ the STATE's discre[ion, either procure for thz STATE the riaht or licensz to use the intetlectuai property righTS at issue or rep(ace or modify the allegedly infrin�in� WORKS or DOCUMENTS as necessary and appropriate to obviate [he infrin�ement claim. This rzmedy of the STATE shall be in addi[ion [o, and not exclusive of, other remedies provided by law. C. SURVIVAB[UTY: The ri�hts and duties of [he STATE and the GOV ERAlMENTAL UNIT provided for above shall survive the expiration or cancellation of this Contract. XIV. PUBLIGTY: Any publicity given to the program, publications, or services provided resultin� from this Contract, indudin�, but not limited to, notices, informational pamphlets, press releases, research, reports, si�ns, and similar public notices prepared b}' or for the GOVERNMENTAL IJNIT or i[s employees individually orjointly wi[h o[hers, or any subcontractors shalt identify the STATE as the sponsoring a�ency and shafl not be released, unless such release is a specific part of an approved work plan inctuded in this Contract prior to its approval by the STATE's Authorized Representative. XV. WORKERS' COMPENSATION: (V✓hen applicable.) In accordance widi the provisions of Minn. Stat. § 176.1 S2, as amended, the GOVERNMENTAL IJNIT shall provide acceptable evidence of compiiance with ihe workers' compensa[ion insurance covera�e requirement of Minn. Stat. § 176.181, Subd. 2, as amended, prior to the commencement of any duties to be performed under this Contract. XVI. ANT[TRUST: The GOVERNMENTAL UNIT hereby assi�ns to the State of Minnesota any and all c(aims for overcharges as to �oods andlor services provided in connection with this Contract resulting from antitrust violations that arise under the antitrust laws of the United States and the antitnist laws of the State of Minnesota. XV[I XVIIt PROMPT PAYMEN'T TO SUBCONTRACTORS: (When applicab(e.) GOVERNMENTAL UNIT is required to pay subcontractors pursuant to Minn. Stai. § 16A.1245. JURISDICT(ON AND VENUE: This Contract and executed ametidments ihere[o, shall be wvernzd b}' the laws of the State of Minnesota. Venue for all le�al proceedings arisinQ out of [his Contract, or breach thereof, shall be in the state or federal court with competentjurisdiction in Ramsey County, Minnesota. XIX. COMPLETE CONTRACT: This Contract, and amendments and supplements, constitutes the entire aareement beriveen the parties. XX. OTHER PROV[SIONS: None mfmPo,.asAgrcrn,zm rors;a�<onoi� ¢�'^'�—��^�E"�, � - oo-�yY IN WITl�ESS WHEREOF, the parties have caused this Con[ract to be duly executed intending to be bound thereby. APPRO�'ED: 1. GO\'ERNMENTAL UNST: GOVERNMENTAL lIN[T certifies that the appropriate pzrson(sl have execured the Contract on behalf of the GOVER\MENTAL 1JNIT as required by applicable articles. by-Sa�vs, res lut�o s, or ordinances. � Title �� e f o f P o 1 i c e� Dare 10 -`o S- �! q 2. ST�TEAGENCY: Tidz �-Cr a�j— � � ��-G7�0 Date . :. . _ - ___:�;': US `S _ ' . ., ..., ..... .:r,'s loint Pu..en �cramm� IDPSbVcohol A GambLne E+f5 Co-iyY Attachment A FEDERAL AUDIT REQUIREMENTS . For subrecipients who are state (includes Indian tribes) or local governments If the GOVERNMENTAL UNIT, hereinafter "grantee" receives total direct and indirect federal assistance of: " Equal to or in excess of S300,000 or more per year, the grantee agrees to obtain a financial and comp(iance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide thzt 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 federal financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutosy 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 caliing for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals, or other nonprofit organizations If tha graniee receives totaf direct and indirect federa( assistance of 5300,000 or more per year, the grantee agrees to obtain a financial and compiiance 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 Gircular 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 frequently than every two years. 3. Afl zudi[s 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 Orqanizations Proqrams Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OM8 Circular A-133 as applicabie. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "SF°ciai Reports;' as applicable. The reporting requirements for audit reports on compliance and internal controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Appllcable to Governmentai Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Locai Governmentai Units." In 2ddition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, inciuding a plan for corrective action taken or planned and comments on the status of corrective action taken on prior fncings. 14 corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. l'he grantee agrees that the grantor, the Legis(ative Auditor, the State Auditor, and any independent auditor designated by _he grantor shall have such access to grantee's records and financiai statements as may be necessary for ihe grantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. loin� Pw�cn Agrscmcm (OPS'�Imhol R G+mbl�ne E+fb �o-�� 6. Gran:aes of federal Tnancial assistance from subrecipients are afso required to comply with the Single Audii Act and the OMB Circular A-133, as applica6le. The grantee agrees to retain documentation to support the schedule of federal assistance. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safeiy, within 30 days after the completion of the zudit, but no later than one year after the end of fhe audit period. The Department of Public Safety's audit report should be addressed to: Minnesofa Department of Public Saiety Offce of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 5510�-5126 Recipients of more that �300,000 in federal funds are to submit one copy of the audit reporf within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 90th Street Jefferson, indiana 47132 Attn: Single Audit Clearinghouse Jom� Puuers 4erernrom (OPSldlmhal X Gamblm�e En%I ]