01-1083Retum Copy To:
` Police Dept. Accounting
ORIGINAL�
Presented By:
Referred To:
RESOLUTION
Committee:Date:
i�
a�-���
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2 WHEREAS, the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, has
3 awarded grants to the Saint Paul Police Department for conducting underage compliance checks at licensed
4 liquor establishments for the period July 1, 2001 through May 31, 2002; and
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RESOLVED, that the City Council accepts these grants from the Minnesota Department of Public Safety,
Alcohol and Gambling Enforcement Division and authorizes the City of Saint Paul to enter into the attached
agreements with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division.
Requested by Deparpnent of:
O �. \7� aoo�
Adopfion Certified by CouncSSecr�.
B
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Appro e�y N a�yoT a e:
MinnDeplPubiicSafetyU nderageComplianceGrants.Ot.cr
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Approval Recommended I{y Financial Ser �ces Director:
By: • .N
Form App ove y City Attorney:
By: a�, �. ; �—_-.
Approved
Council File #
Green Sheet # 113�
for S bmission to Council:
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DEPARTMENT/OFFICE/COUNCIL DA7EINI7WTED
�, rai��D��nc 9nvoi - GREEN SHEET No. 113568
CONiACTPERSON PHONE - INfi�AUDA7E INfrwJDA7E �\�
ClliefFinney 292-3588 1 vuaxwra�arox 5 couxu�
MUST BE ON COUNCIL AGENDA BY (DATE)
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TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED
Approval of the attached councfl resolution authorizing the Saint Paul Police Department to acce�,� E��/ `D
the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division and authorizing the
City of Saint to enter into the attached agreements with the Minnesota Department of Public Safety, Alc 2 6 26��
and Gambling Enforcement Division.
CITY ATTORNEY
RECOMMENDATION AppfOV2 (A) Of R2j2G� (R) PERSONAL SERVICE CONTRACTS MUST ANSWERTHE FOLLOWING QUESTIONS:
7. Has this persoNfirtn ever vrorked under a wntrect for this department?
PIANNING COMMISSION vES NO
CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee?
� CNIL SERVICE COMMISSION YES NO
3. Does this persoNfirm possess a skill not normally possessetl by any curterrt aty employee?
YES NO
4. Is this pereonffrm a targeted vendoR
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY)
The Minnesota Deparnnent of Public Safety, Alcohol and Gasnbling Enforcement Division, has awazded a$5,000
grant and a$3,000 grant to the Saint Paul Police Department for underage compliance checks at licensed
liquor establislunents for the period July 1, 2001 tluough May 31, 2002. a�
.. ��� �S��CC�i �� LL
;.- � 4� �J��
ADVANTAGESIFAPPROVED t,� "
Ability to use gant funds awazded to reduce underage access to alcohol.
DISADVANTAGES IF APPROVED _ •
None.
DISADVANTAGES IF NO7APPROVED
Loss of grant funds available.
TOTAL AMOUNT OF TRANSACTION $ 5� and 3 ,000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE SY3Y0 Of MIRII050T3 g22llY ACTNIN NUMBER 04000
FINANCIAL INFORMATION (EXPLAIN)
MinnDepiPublicSaferyUnderageComplicanceCheckGrants.gs.01
S
' ' STATE OF MINNESOTA o\_\
ENCUMBRANCE WORK5HEET
State Accounting Information:
CFMS Contract No. Agency Contract Identificafion No.: Line 3
Contract Start Date: 7!1/01
Expiration Date: 5/31/02
ContractorName and Address:
The Citv of Saint Paul
Saint Paul Police Department
100 East l lth. Street
Saint Paul, MN 55101
Soc. Sec. or Federal Employer LD. No. 41-6005521
Minnesota Tax I.D. No. (if applicable) 0080250956
This Page Contains Private Data
Do Not Circulate
DO NOT REPRODUCE
OR DISTRIBUTE EXTERNALLY WITHOUT EXPRESS
WRITTEN PERMISSION OF THE CONTRACTOR.
encumbrance form rev 4/00
o�-�o�
CFMS Contract umber:
STATE OF MINNESOTA
ANNUAL PLAN JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "ContracP'), subject to the la�vs of
Minnesota, is berneen the Scate of Minnesota, acting throu�h its Commissioner of Public Saferi Alcohol & Gambline Enforcement
Division (hereinafrer "STATE"), which is empowered to enter intojoint po�vers a�reements pursuant to Minn. Stat. § 47159, Subd. 10,
and the Citv of Saint Paul Saint Paul Police Department, address 100 East ll`". Street, Saint Paul, MN (hereinafter "GOVERN�IENTAL
LJNIT"), which is empowered to enter into �omt powers a�reements pursuant to Minn. Stat. § 471.59, Subd. 10;
WHEREAS, the STATE is in need of reimbursinQ local'urisdictions for their artici ation in a federal �rant roaram to combat underaoe
drinkine", and
WHEREAS, GOVERNMENTAL LJNIT represents that it is duly qualified and willing to perform the services set forth herein.
NOW, THEREFORE, it is a�reed:
I. A. GOVERNMENTAL [JNIT's DUTIES (Attach additional page if necessary, which is incorporated by reference and made
a part of this a�reement.) GOVERNMENTAL iJNIT shall:
. conduct independent compliance checks at licensed liquor establishments within their jurisdictions.
. report findin�s back to the STATE usin� the STATE approved reportin� form.
. report all licensed liquor establishments failin� compliance check to local liquor license issuer to impose
penalty pursuant to Minn. Statute 340A.415.
IL CONSIDERATION AND TERMS OF PAYMENT:
A. CONSIDERATION: Consideration for all services performed by the GOVERNMENTAL tJNIT pursuant to this
Contract shall be paid by the STATE as follows:
1. COMPENSATION: Compensation in an amount not to exceed $ 5 000.00, based on the following method of
payment:
2, REIMBURSEMENT: Reimbursement for travel and subsistence expenses actually and necessarily incurred by
the GOVERNMENTAL UNIT in performance of this Contract in an amount not to exceed None dollars
($0.00); provided, that the GOVERNMENTAL LJNIT shall be reimbursed for travel and subsistence expenses
in the same manner and in no greater amount than provided in the current "Commissioners Plan;' promulgated
by the commissioner of Employee Relations. The GOVERNMENTAL LJNIT shall not be reimbursed for
travel and subsistence expenses incurred outside the State of Minnesota unless given prior written approvat for
such out-of-state travel from the STATE.
THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPENSATION AND REIMBURSEMENTS TO
GOVERNMENTAL LJNIT SHALL NOT EXCEED: Five Thousand Dollars and no/]00's dollars ($ 5 000.00 .
g. TERMS OF PAYMENT
l, INVOICE: Payments shall be made by the STATE promptly afrer the GOVERNMENTAL iJNIT's
presentation of invoices for services performed and acceptance of such services by the STATE's Authorized
Representative pursuant to clause V II. Invoices shall be submitted in a form prescribed by the STATE and
according to the followin� schedule:
Itemized invoice and report must be filed to�ether, in anears, and within 30 days of the period
covered by the invoice for work satisfactority performed. Final invoice and report must be received
no later an June 30, 2002.
Jomi Po..ers AS�eemenv (DPS��� h 1 R G bi ne Enf;
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Z. FEDERAL FLINDS (When applicableJ Paymenu are to be made from federal funds obtained by the E
throu�h Title Juvenile Justice & Delinquencv Pre vention CFDA numbzr 16.SA 1 of the Deqt. of Justice
Act of 1974 Sea 261,262_(Public law 93-415 and amendments thzreto). If at any time such funds become
unavailable, this Contract shall be terminated immediatel} upon «Tittzn notice of such fact by the STATE to
the GOVERDIMENTAL LNIT. In the event of such termination, the GOVER��'MENTAL iJNIT shall be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
IIL TIMELINESS: The GOVERNMENTAL iJNIT shall comply with all of the time rzquirements described in this Contract.
IV. CONDITIONS OF PAYMENT: All services provided by GOVERi�`ME\TAL U�IT: pursuant to this Contract, shall be
performed to the satisfaction ofthe STATE, as determined at the sole discrztion of .he ST�TE's Authorized Representative, and
in accordance with all appllcable federal, state, and local laws, ordinances; rulzs and regulations. The GOV ERi\MENTAL LINIT
shall not receive payment for work found by the STATE to be unsatisfacton, or gerformed in violation of fedzral, state or local
law, ordinance, rule or re�ulation.
V. TERMS OF CONTRACT: This Contract shall be effective on Julv, 1, 2001. or upon the date that the final required si�nature is
obtained by the STATE, pursuant to Minn. Stat. § 16CA�, Subd. 2, whichever occurs latzr, and shall remain in efFect until Mav
;1, 2007, or until all ob]i�ations set forth in this Contract have been satisfactorily fu]filled or the Contract has been canceled,
whichever occurs first. The GOVERNMENTAL LJNIT shall have a continuin� obli�ation. afrzr said Contract period, to compty
with the followin� provisions of ConhaM clauses: X. Liability; XI. State Audits; XII. Minnesota Data Practices Act; XIII.
Intellectual Property Rights; XIV. Publicity; and XVIII. Jurisdiction and Vznuz. THE GOVERNVtENTAL IJNIT
UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDERTHIS CONTRACT WTIL ALL REQUIRED SIGNATURES
HAVE BEEN OBTAINED, AND THE GOVERNMENTAL UNIT IS NOTIFIED TO BEGIN WORK BY THE STATE's
AUTHORIZED REPRESENTATIVE.
VI. CANCELLATION: This Contract may be canceled by the STATE or the Commissionzr of Administration at any time, with or
without cause, upon thirty (30) days written notice to the GOVERNMENTAL iJ\IT. In the event of such a cancellation, the
GOVERNM£NTAL IJNIT shall be entiYled to payment, determined o� a pro rata basis, for ���ork or ser��ices satisfactorily
performed.
VII. STATE's AUTHORIZED REPRESENTATNE: The STATE's Authorizzd Representati� z for the purposes of admi�istration of
this Contract is Norm Pint, or successor in office. The GOVERNMENTAL LNIT's Authorized Representatice for the purposes
of administration of this Contract is Chief William Finnev, or successor in office. The STATE's Authorized Representative shall
have final authority for acceptance of GOVERNMENTAL IJNIT's sera�ices and if such services ue accepted as satisfactory, shall
so certify on each invoice submitted pursuant to Clause II, para�raph B.
VIII. ASSIGNMENT: The GOVERNMENTAL iJNIT shall not assign, delegate, or transfzr any ri�hts or obli�ations under this
Contract without the prior written consent of the STATE.
IX. AMENDMENTS: Any amendments or modifications to this Contract shall be in «ritin� and shall not be effective until executed
by the paRies to this Contract and approved by all STATE officials as required b} la�c.
y,, LIABILITY: The GOVERNMENTAL iJNIT shall indemnify, save and hold the STATE. its representati�es and employees,
harmless from any and all claims or causes of action, includin� all attorne}'s' fees incurred b} the STATE, arisin� from the
performance of this Contract by GOVERNMENTAL LJNIT or GOVERNMENTAL LJXIT's employees, agents, or subcontractors.
This clause shall not be construed to bar any legal remedies the GOVERNMENTAL U1'IT ma} have for thz STATE's failure to
fulfill its obligations pursuant to this Contract.
XI. STATE AUDITS: The books, records, documents and accounting procedures and pracciczs ofthe GOVERN�tENTAL LJNIT and
its employees, agents or subcontractors relevant to this Contract shall be made acailable and subject to examination by the
STATE, includin� the contracting A�ency/Division, Le�islative Auditor, and State Auditor for a mi�imum of six years from the
end date of this Contract.
GOVERNMENTAL LTNIT shall also comply with all federal audit requirements as stated in Attachment A., which is hereby
incorporated by reference and made a part of this Contract.
�DP'41 h13GmbineEnf)
Jomi Pm�ers dgreemem y
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XIL MINNESOTA GOVERDIMENT DATA PRACTICES ACT: The GOVERNMENTAL UNIT must comply with the Minnesota
Govemment Data Practices Act, Minnesota Stamtes Chapter 13, as it applies to all data p�ovided by the STATE in accordance
with this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
GOVERNMENTAL tJNIT in accordance with this Contract. The civil remedies of Minnesota Statutes Section 13.08, apply to the
release of the data referred to in this Article by either the GOVERNMENTAL UNIT or the STATE.
In the event the GOVERNMENTAL UNIT receives a request to release the data referred to in this Article, the
GOVERNMENTAL UD1IT must immediately notify the STATE. The STATE will �ive the GOVERDiMENTAL IJNIT
instructions concemin� the release of the data to the requestin� pam� before the data is released.
XRI. INTELLECTUAL PROPERTY RIGHTS - State Owns I�tellecnial Pro ertv Rishts a�d Documents with a Free License to the
GOVERNMENTAL UNIT
A. INTELLECTUAL PROPERTY RIGHTS: The STATE shall o�vn all ri�hts, title, and interest in all of the intellectual
property ri�hts, includin� copyri�hts, patents, trade secrets, trademarks, and service marks in the WORKS and
DOCUMENTS. WORKS shall mean all i�ventions, improvements, discoveries (whether or not patentable), databases,
computer programs, reports, notes, studies, photographs, neQatives, desi�ns, drawin�s, specifications, materials, tapes,
and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL tJNIT, its employees, a�ents,
and subcontractors, either individually or jointly with others in the performance ofthis Contract. WORKS shall include
"DOCUMENTS" DOCUMENTS are the ori�inals of any databases, computer programs, reports, notes, studies,
photographs, negatives, desi�ns, drawin�s, 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 UNIT upon completion or cancellation of
this Contract To the extent possible, those WORKS eligible for copyright protection under the United States Copyright
Act shall be deemed to be "works made for hire ° The GOVERNMENTAL iJNIT a�rees to, and hereby does, assign all
right, tiUe, and interest it may have in the WORKS and the DOCUMENTS to the STATE. The GOVERNMENTAL
LJNIT shall, at the request of ihe STATE, execute all papers and perform all other acts necessary to h'ansfer or record the
STATE's ownership interest in the WORKS and DOCUMENTS.
g. OBLIGATIONS:
l. NOTIFICATION: Whenever any inventioq improvement, or discovery (whether or not patentable) is made or
conceived for the first time or actually or constructively reduced to practice by the GOVERNMENTAL UNIT,
including its employees and subcontractors in the performance ofthis Conhact, the GOVERNMENTAL iJNIT
shall immediately give the STATE's Authorized Kepresentative written notice Yhereof, and shall promptly
fumish the Authorized Representative with complete information and/or disclosure thereon.
2. REPRESENTATION: The GOVERNMENTAL iJNIT shall perform all acts and take all steps necessary to
ensure that all intellectual property ri�hts in the WORKS and DOCUMENTS are the sole property of the
STATE, and that no GOVERNMENTAL LJNIT employee, agent, or subcontractor retains any interest in and to
the WORKS and DOCUMENTS. The GOV ERNMENTAL iJNIT represents and warrants that the WORKS
and DOCUMENTS do not and shall not infringe upon any intellecmal property rights of other persons or
entities. The GOVERNMENTAL iINIT shall indemnify, defend, and hold haanless the STATE, at the
C,OVERNMENTAL iJNIT's expense, from any action or claim brou�ht a�ainst the STATE to the extent that it
is based on a claim that all or part of the WORKS or DOCUMENTS infrin�e upon the intellectual property
rights of others. The GOVERNMENTAL LJNIT shall be responsible for payment of any and all such claims,
demands, obli�ations, liabilities, costs, and damages including, but not limited to, attomeys' fees. If such a
claim or action arises, or in the GOVERNMENTAL LINIT's or the STATE's opinion is likety to arise, the
GOVERNMENTAL L1NIT shall, at the STATE's discretion, either procure for the STATE the ri�ht or license
to use the intellectual property rights at issue or replace or modify the allegedly infringing WORKS or
DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the STATE
shall be in addition to, and not exclusive of, other remedies provided by law.
�. SURVIVABILITY: The rights and duties of the STATE and the GOV ERNMENTAL LJNIT provided for above shall
survive the expiration or cancellation of this Contract.
Iom� Pa..ers 4yreemrnc (DPSl41 h I C.� G bfn� Enf )
3
XIV
XV
XVI.
XVII.
XVIII.
O l-\U�L3
PUBLICITY: Any publicity �iven to the pro�ram, publications, or services provided resultin� from this Contract, includmg, but
not limited to, notices, informational pamphleu, press releases, research, reports, signs, and similar public notices prepared by or
for the GOVERNMENTAL i1NIT or its employees individually or jointly with others, or any subcontractors shall identify the
STATE as the sponsorin� agency and shall not be released, unless such release is a specific part of an approved work plan
included in this Contract prior to its approval by the STATE's Authorized Representative.
WORKERS' COMPENSATION: (When applicable.) In accordance with the provisions of Minn. Stat � 176.182, as amended,
the GOVERNMENTAL iJNIT shall provide acceptable evidence oF compliance with the workers' compznsa[ion insurance
coverage requirement of Minn. Stat. § 176.181, Subd. 2, as amended, prior to the commencement of any duties to be performed
under this Contract.
ANTITRUST: The GOVERNMENTAL UNIT hereby assi�ns to the State of Minnesota any and all claims for overcharges as to
�oods and/or services provided in connection with this Contract resulting from antitrust violations that arise under the antitrust
laws of the United States and the antitrust laws of the State of Minnesota.
PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) GOVERNMENTAL UNIT is required to pay
subcontractors pursuant to Minn. Stat. § 16A.1245.
JURISDICTION AND VENUE: This Contract and executed amendments thereto, shall be �ovemed by the laws of the State of
Minnesota. Venue for all legal proceedin�s arisin� out of this Contract, or breach thereof, shall be in the state or federal court
with competentjurisdiction in Ramsey County, Minnesota.
XtX. COMPLETE CONTRACT: This Contract, and amendments and supplements, constiwtes the entire a�reement between the
parties.
XX. OTHER PROVISIONS: None
IN WITNESS `NHEREOF, the parties have caused this Contract to be duly executed intending to be bound
AP�ROVED:
1. EncumUl ce Verification:
Signed:
Date:
A�nual Plan T number: 10703
2. GOVERNMENTALUNIT: �
GOVERNMENTAL iJNIT certifies that the
person(s) have executed the Contract on b
GOVERNMENTAL iTNIT as required _
articles, by-laws, resolucions, or ordina s.
�
Title
Date
Title: Special A�ent in Charge
Title
Date
3. STATE
BI Y� �
Date:
loint Poe'ms ASreemen[
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(DPS'41 h I& Gambi n¢ Enf )
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Attachment A(Pages 1 and 2)
FEDERAL AUDIT REQUIREMENTS
1. For subrecipients who are state (includes Indian tribes) or local governments
If the �rantee expends total direct and indirect federal assistance of:
*" Equal to or in excess of 5300,000 or more per year, the �rantee agrees to obtain a fi�ancial and compliance audit made in
accordancz �i�ith the Sin�le Audit Act of 1984 (Public Law 98-502) and the federal Office of Mana�ement and bud�et
(OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the �rantee
govemment or, at the option of the �rantee government, it may cover departments, a�encies or establishmenu that
received, expended, or otherwise administered federal fnancial assistance durin� the year. .
Audits shall be made annually unless the State or local �ovemment has, by January 1, 1987, a constitutional or statutory requirement
for less frequent audits. For those governments, the cognizant a�ency shall permit biennial audits, covering both years, if the
govemment so requests. It shall also honor requests for biennial audits by govemments that have an administrative policy callin� for
audits less frequent than annual, but only for fiscal years beginnin� before January l, 1987.
2. For subrecipients who are instiWtions of higher education, hospitals, or other nonprofit organizations
If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial
and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is
a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only
one pro�ram, 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. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public
accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Govemmental
Oraanizations Pro�rams, Activities, and Functions.
4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 as applicable.
The rzporting requirements for audit reports shall be in accordance with the American Institute of CeRified Public Accounts'
(AICPA) Statement on Auditin� Standards (SAS) 58, "RepoRs on Audited Fi�ancial Statements" or SAS 62, "Special Rzports," as
applicable.
The reportin� requirements for audit reports on compliance and intemal controls shall be in accordance with AICPA'S SAS 63,
"Compliance Auditin� Applicable to Govemmental Entities and Other Recipients of Governmental Finaacial Assistance" and
Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units."
In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report includin� a
plan for conective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective
action is not necessary a statement describin� the reason it is not should accompany the audit report.
5. The �rantee a�rees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated b} the grantor
shall have such access to grantee's records and financial statements as may be necessary for the �rantor to comply with the Si��le
Audit Act and OMB Circular A-133, as applicable.
]om� Powe�s Agreemm� (DPSIAI noI S Gambl rm Eal,
ol-�0�3
6. Grantees of federal financial assistance from subrecipients are also required to compl} «ith the Single Audit Act and the OMB
Circulaz A-133, as applicable.
The grantee a�rees to retain documentation to support the schedule of federal assistance.
8. Required audit reports must be filed with the Office of the State Auditor. Single Audit Di� ision and «ith the Dzpartment of Public
Safety, within 30 days after the completion of the audit, but no later than one } ear aftzr thz end of the audit period.
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
Recipients expending more than $300,000 in federal funds are to submit onz copy of the audic report «ithin 30 days afrer issuance to
the clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
12�1 East lOth Street
Jefferson, I�diana 47132
Attn: Single Audit Clearinghouse
lom� Po..ers Aneemxm +DPYa� h I& Gambi ne Enf )
6
S `: .
STA'TE OF �NESOTA U\^�OLS' �
�R�h�r'i' COOT'TRACT
This "�� contrac: is berNeen the S�te of _Vli:.nesota, ac:ing through its Commissioner of Public Safery, Alcohol &
Gambling Enforcement �ivision ("State") and the City of Szint Paul, Saint Paul Police Departrnent, address 100 East
11�'. Street, Saint Paui, Vlinresota ("Grantee").
Recitals
1. Under Vlinn. Stat. �Sinn. Stat. S 299A.01 subd 2(4) , the S2ate is empowered to enter into this grant contract.
2. The State is in need of reimburslizg local jurisdicnons for rhe:r par.iciparion in a federal �ant program to combat
underage drinldng.
_. The C'nantee represents that it is duly qualified and agrees to perform all services described in this �ant contract to
the sarisfaction ofthe State.
Grant Contract
1 Term of Grant CantracY
1.1 Effective date July Ol, 2001 or the date the State obtains all required signatures under Minnesota Statutes Section
36C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully execnted and the
Grantee has been notified by the State's Authorized Representative to begin the work.
12 Expiration date: May 31, 2002, or until all obligarions have been sarisfactorily fulfilled, whichever occurs fust.
13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8.
Liability; 9. State Audits; 10. Govemment Data Practices and Intellectual Froperry; 13. Publicity and
Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure.
2 Grantee'sDuties
The Grantee, who is not a state employee, will:
2.1 Conduct enforcement of underage drinking laws through undercover surveillance of retail liquor outlets and
monitor public places where underage consumption of alcohol is Imown to the law enforcement agency to take nlace.
22 Comply with Federal Audit Requirements, labeled Attachment A., which is attached and incorporated into this
grant contract.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant conh�act, rime is of the essence.
4 Consideration and Payment
4.1 Consideradon. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Cnmpensation. The Grantee will be reimbursed not more than $3,000.00 based on actual hours and rates of
Grantee's staff workinQ on this proeram.
(2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incuned by
the Grantee as a result of this grant contract will not exceed $0.00; provided that the Grantee will be reimbursed
for travel and subsistence expenses in the same manner and in no greater amount than provided in the current
"Commissioner' s Plan promulgated by the commissioner of Employee Relations. The Grantee will not be
reimbwsed for travel and subsistence expenses incurred outside Minnesota unless it has received the State=s
prior written approval for out of state travel. Minnesota will be considered the home state for determining
whether travel is out of state.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this a ant contract will not exceed Three Thousand and no/100 dollars. $3 000.00).
42.Payment
Grent (Rev. 12/00)
o � �v 3
(1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the �
services actually performed and the State's Authorized Representarive accepts the invoiced services.
Invoices must be submitted timely and according to the following schedule:
Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly, and within 30
days of the period covered by the invoice for work satisfactorily performed. Final invoice must be
received no later than May 31, 2002.
(2) Federal fuxds. (Where applicable, if blank this secrion does not apply) Payments under this grant contract
wiR be made from federal funds obtained by the State through Title 7uvenile 7ustice & Delinquency
Prevention CFDA number 16.541 of the Department of Jusrice Act of 1974 Sec. 261 262 (Public law 93-
415 . The Grantee is responsible for compliance with all federal requirements imposed on these funds and
accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with
federal requirements.
Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representative
The State's Authorized Representative is Frank Ball, Director, or his/her successor, and has the responsibility to
monitor the Grantee's performance and the authority to accept the services provided under this grant confract. If
the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment. -
The Grantee's Authorized Representative is William Finnev Chief of Police. If the Grantee's Authorized
Representative changes at any time during this grant contract, the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, execixted and approved by
the same parties who executed and approved this grant contract, or their successors in office.
72 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office.
73 Waiven If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7A Grant Contract Complete. This grant contract contains all negotiations and agreements berivezn the State
and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used
to bind either pariy.
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attomey' s fees incurred by the State, arising from the performance of this grant
contract by the Cnantee or the Grantee' s agents or employees. This clause will not be construed to bar any legal
remedies the Crrantee may have for the State's failure to fulfill its obligations under this grant contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee' s books, records, documents, and accounting procedures and
practices relevant to this grant contract are subject to examinarion by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
Grant (Rev.i2/00)
10 Governmeat Data Practices and �nte!lectual P: operty �` ��g �
10.1. Governmen[ Data P: acfices. The Crranree and State must comply with the Minnesota Govemment Data
P:acrices AcY, �iinn. Stat. Ch. li, as it applies to all data provided by the State under this gsant contract,
3nd as it applies to all data created, coilected, received, stored, use3, maintained, or disseminated by the
Grantee unde: this �rant contrac*. The civil remedies of?vlinn. SS: t. § 13.08 apply to the re?ease of zhe 3ata
refe: to in this clause by either the Grantee or the State.
�the Grantee receives a request io release the data referred to in �his Clause, the Grantee must
unmediately norify ?he State. The State will �ive the Grantee insaucrions concemmg the :elease of the
data to the requesting party before the data is released.
10?. Intelleetual Proper[y Riglets
The State shall own all rights, ride, and interest in all of the intellectual properry rights, 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), daYabases, computer programs, reports,
notes, studies, photographs, negarives, designs, rkawings, specifications, materials, tapes, and disks
conceived, reduced to pracrice, created or originated by the Grantee, its employees, agents, and
subconh�actors, either individually or j ointly with others in the performance of this grant contract. WORKS
shall include "DOCUMENTS." DOCUMENTS are the originals of any databases, computer programs,
reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or
other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, agents, or
subcontractors, in the performance of this grant contract. The DOCUMENTS shall be the exclusive property
of the State and all such DOCIJMENTS shall be remitted to the State by the Grantee upon completion or
cancellarion of this grant contract.' To the extent possible, those WORKS eligible for copyright protecrion
under the United States Copyright Act shall be deemed to be "works made for hire." The Grantee agrees to,
and hereby does, assign all right, title, and interest it may have in the WORKS and the DOCTJMENTS to the
State. The Crrantee shall, at the request of the State, execute all papers and perform all other acts necessary to
transfer or record the State's ownership interest in the WORKS and DOCiJMENTS.
12 dVorkers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers'
compensarion insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and
any claims made by any third party as a consequence of any act or omission on the part of these employees are in
no way the State' s obligarion or responsibility.
13 Publicity and Endorsement
13.1 Publicity. Any publiciry reguding the subject matter of this grant contract must idenrify the State as the
sponsoring agency and must not be released without prior written approval from the State' s Authorized
Representative. For purposes of this provision, publicity includes norices, informarional pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, �vith respect to the program, publications, or services provided
resulrino from this grant contract.
13.2 Endorsement. The Grantee must not claim that the State endarses its products or services.
14 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, govems this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
15 Termination
Grant (Rev.l2/00)
ot-�o�3
1�.1 Termi�:ation hy the State. The State may cancel this grant contract at any rime, with or without cause, upon
30 days' written notice to the C3rantee. tipon terminarion, rhe Grantee will be entitled to payment, determined
on a pro rata basis, for services sarisfactorily performed.
i6 Data Disclosure
L'nder l�Iinn. Stat. g 270.66, and othe: applicabie law, the Grantee consents to disclosure of its social secar_ty
number, fe3eral employer tae idenrificarion number, and/or l4innesota tax ideatincarion number, already
provided to the State, to federal and state ta� agencies and state personnel involved in the payment of state
obligarions. These +_dentificarion numbers may be used in the enforcement of federal and state tax laws which
could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
1. ST�TE E\CLIVIBRAIVCE VERIF'ICATION
� ndividual certifies ihatfunds have been encumbered as
reqZi e� by:Ninn. Stat 4 5 16A.15 and 16C.05.
Signed:
Date:
Grant contract No. __
2. GRANTEE \
The Grantee certifies that the appmpriate person(s)
have execu[ed the � ant convact on behalf of the Grantee as
required by applicable articles, bylaws, resolurions, or ordinances.
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
ih�"f jT> t� �fG V'} ✓iC.�
J
B _
Title:
Date:
By: _
Title:
Date:
Distribution: \
Agency
Grantee
State' s Authorized Representative
Copy
G2nt (Rev. 13/00)
4� 10�3
i=v$R?i. �iT�T'� v.{�L�?R:;�1��ITS
_. � cr saor�_:gieau sv�o ar� s:ate �inc?udes :ndi�n >ibes) or ?ocal goce;�menu
If the �antee zxpeads taral direct and ind'uect ;edz:al assistance oi:
�rt.^.c§meaY rl (Pages 1 a�d 3i
"x Eaual to or in e:cess of 5300,000 or merz per yeaz. :he =*antze a�rees to obtain a nnancial and compliance audit made
in zccozdance wich rhe Sinaie Audit �c± of !484 (Pualic Law 93-�02) and :he fede:al Office of Ylanasemeat and
budaet (OMB) Circvlar A-13�. T;ie law and circulaz provide that the audit shall cover the zntire operacions oP �e
�antee �ovemment or, at the oprion oi he �rantee government, it may cover departmenu, agencies or establishmenu
that received, expended, or othenvise administered federal financial assistance durin� the year.
Audiu sha11 be made annually unless the State or local �overnment has, by January i, 1987, a constitutional oc stacucory
requirement for less frequent audiu. For those �ovemments, the co�izant aeency shall permit bieanial audits, coverin� both
years, if the government so requests. It shall also honor requests for biennial audits by �ovemments that have an administrative
policy calling :or audits less frequent than annuat, but only for fiscal yeazs beginnin� before 7anuazy 1, 198'1�
2. i�or subrecnpients who are institutions of higher educaYion, hosQitals, or other nonprofit organizations
If the grantee expends total direct and indirect federal assistance of �300,000 or more per year, the �rantee agrees to obtain a
fmancial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization �vide
audit, uniess it is a coordinated audit in accordance with OMB C'sculu A-133. Aowever, when the �30o,000 or more was
zxpended under only one program, che subracipient may have an audit of that one program.
Audits shall usually be made annually, but not less frequently than every two years.
3. All audits shall be made by an independent auditor. An independent auditor is a state or local oovemment auditor or a public
accountant who meets the independence standards specified in the General Accountin� Office's Standards for Audit of
Govemmental Orsanizations, Proerams, Activicies. and Functions.
4. Audit repores shall state that the audit was performed in accordance with the provisions of OMB Circular A-li3 as applicable.
The reportin� requiremenu for audit reports sha11 be in accordance with the American Institute of Certified Public Accounts'
(AICPA) Statement on Auditing Standards (SAS) SS, "Reports on Audited Financial Statements" or SAS 62, "Special Aeports,"
as applicable. �
The reporting requirements for audit repons on compliance and intemal conuols shall be in accordance with AICPA'S SAS 63,
"Compliance Auditin� Applicable to Govemmental Entities and Other Recipients of Governmental Financial Assistance" and
Statement of Posirion (SOP) 39-6, "Auditors Rzpons in Audits of State and Local Governmental Units."
Tn addition to the audit report, the recipient shall provide comments on the imdings and recommendations in the report, including
a plan for correcrive action takzn or planned and commenu on the status of cosective action taken on prior fmdin�s. If
corrective acrion is not necessary a statzment describing the reason it is not should accompany che audit report.
5. The erantee agrees that che grantor, the Legislativz Auditor, c�'�e State Auditor, and any independent auditor designated by the
srantor shall have such access to �rantee's records and h'nancial statements as may be necessary for the grantor to comply with
the Single Audit Act and OMB Circular A-133, as applicable. .
6. Grantees of federal fmancial assistance from subrzcipients aze also required to comply with the Sinsle Audit Act and the OMB
CirculazA-133, as applicable.
The grantee a�rees to retain documentation co support rhe schedule of federal assistance.
� � O�-� 0�53
3. Rzquired audit repons mus: be Sied with ri�,e vifice cf he State Auditor, Sin�?e ,�udit �ivision and wivh �he Deparment oY
Paoiic Saferv, �.rchin �0 days after che comple:ion of :Iie audit but no':ater �hhan one � ear a8er he znd of the audic aeriod.
?'�e Deaartment oi Public Saferv`s audit report should'oe addressed to:
Niinnesora Deparunent of Fsbiic SaFe!y
Cffice of Fiscal and :ldministrazice Services
� Cadar S�t'eet
Suite 126, Town Squaze
St. Paul, YIN 55101-�126
9. Recipients expending more than �300,000 in federai funds aze to submit one copy of the audic report wichin 30 days afre:
issuancs to the clearinghouse at the following address:
Bureau ofthe Census
Data Prepazation Division
1201 East lOth Street
Jefferson, Indiana 47132
Atm: Sin�ie Audit Clearin�house
Retum Copy To:
` Police Dept. Accounting
ORIGINAL�
Presented By:
Referred To:
RESOLUTION
Committee:Date:
i�
a�-���
1
2 WHEREAS, the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, has
3 awarded grants to the Saint Paul Police Department for conducting underage compliance checks at licensed
4 liquor establishments for the period July 1, 2001 through May 31, 2002; and
5
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9
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12
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14
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RESOLVED, that the City Council accepts these grants from the Minnesota Department of Public Safety,
Alcohol and Gambling Enforcement Division and authorizes the City of Saint Paul to enter into the attached
agreements with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division.
Requested by Deparpnent of:
O �. \7� aoo�
Adopfion Certified by CouncSSecr�.
B
�.�
Appro e�y N a�yoT a e:
MinnDeplPubiicSafetyU nderageComplianceGrants.Ot.cr
BY�" �✓t \ ' lu- %
` ) ' --
,...---
Approval Recommended I{y Financial Ser �ces Director:
By: • .N
Form App ove y City Attorney:
By: a�, �. ; �—_-.
Approved
Council File #
Green Sheet # 113�
for S bmission to Council:
� v
DEPARTMENT/OFFICE/COUNCIL DA7EINI7WTED
�, rai��D��nc 9nvoi - GREEN SHEET No. 113568
CONiACTPERSON PHONE - INfi�AUDA7E INfrwJDA7E �\�
ClliefFinney 292-3588 1 vuaxwra�arox 5 couxu�
MUST BE ON COUNCIL AGENDA BY (DATE)
PleaseprocessASAP ❑3 arva,ronr,EV� ❑cmc�aic
� �
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED
Approval of the attached councfl resolution authorizing the Saint Paul Police Department to acce�,� E��/ `D
the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division and authorizing the
City of Saint to enter into the attached agreements with the Minnesota Department of Public Safety, Alc 2 6 26��
and Gambling Enforcement Division.
CITY ATTORNEY
RECOMMENDATION AppfOV2 (A) Of R2j2G� (R) PERSONAL SERVICE CONTRACTS MUST ANSWERTHE FOLLOWING QUESTIONS:
7. Has this persoNfirtn ever vrorked under a wntrect for this department?
PIANNING COMMISSION vES NO
CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee?
� CNIL SERVICE COMMISSION YES NO
3. Does this persoNfirm possess a skill not normally possessetl by any curterrt aty employee?
YES NO
4. Is this pereonffrm a targeted vendoR
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY)
The Minnesota Deparnnent of Public Safety, Alcohol and Gasnbling Enforcement Division, has awazded a$5,000
grant and a$3,000 grant to the Saint Paul Police Department for underage compliance checks at licensed
liquor establislunents for the period July 1, 2001 tluough May 31, 2002. a�
.. ��� �S��CC�i �� LL
;.- � 4� �J��
ADVANTAGESIFAPPROVED t,� "
Ability to use gant funds awazded to reduce underage access to alcohol.
DISADVANTAGES IF APPROVED _ •
None.
DISADVANTAGES IF NO7APPROVED
Loss of grant funds available.
TOTAL AMOUNT OF TRANSACTION $ 5� and 3 ,000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE SY3Y0 Of MIRII050T3 g22llY ACTNIN NUMBER 04000
FINANCIAL INFORMATION (EXPLAIN)
MinnDepiPublicSaferyUnderageComplicanceCheckGrants.gs.01
S
' ' STATE OF MINNESOTA o\_\
ENCUMBRANCE WORK5HEET
State Accounting Information:
CFMS Contract No. Agency Contract Identificafion No.: Line 3
Contract Start Date: 7!1/01
Expiration Date: 5/31/02
ContractorName and Address:
The Citv of Saint Paul
Saint Paul Police Department
100 East l lth. Street
Saint Paul, MN 55101
Soc. Sec. or Federal Employer LD. No. 41-6005521
Minnesota Tax I.D. No. (if applicable) 0080250956
This Page Contains Private Data
Do Not Circulate
DO NOT REPRODUCE
OR DISTRIBUTE EXTERNALLY WITHOUT EXPRESS
WRITTEN PERMISSION OF THE CONTRACTOR.
encumbrance form rev 4/00
o�-�o�
CFMS Contract umber:
STATE OF MINNESOTA
ANNUAL PLAN JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "ContracP'), subject to the la�vs of
Minnesota, is berneen the Scate of Minnesota, acting throu�h its Commissioner of Public Saferi Alcohol & Gambline Enforcement
Division (hereinafrer "STATE"), which is empowered to enter intojoint po�vers a�reements pursuant to Minn. Stat. § 47159, Subd. 10,
and the Citv of Saint Paul Saint Paul Police Department, address 100 East ll`". Street, Saint Paul, MN (hereinafter "GOVERN�IENTAL
LJNIT"), which is empowered to enter into �omt powers a�reements pursuant to Minn. Stat. § 471.59, Subd. 10;
WHEREAS, the STATE is in need of reimbursinQ local'urisdictions for their artici ation in a federal �rant roaram to combat underaoe
drinkine", and
WHEREAS, GOVERNMENTAL LJNIT represents that it is duly qualified and willing to perform the services set forth herein.
NOW, THEREFORE, it is a�reed:
I. A. GOVERNMENTAL [JNIT's DUTIES (Attach additional page if necessary, which is incorporated by reference and made
a part of this a�reement.) GOVERNMENTAL iJNIT shall:
. conduct independent compliance checks at licensed liquor establishments within their jurisdictions.
. report findin�s back to the STATE usin� the STATE approved reportin� form.
. report all licensed liquor establishments failin� compliance check to local liquor license issuer to impose
penalty pursuant to Minn. Statute 340A.415.
IL CONSIDERATION AND TERMS OF PAYMENT:
A. CONSIDERATION: Consideration for all services performed by the GOVERNMENTAL tJNIT pursuant to this
Contract shall be paid by the STATE as follows:
1. COMPENSATION: Compensation in an amount not to exceed $ 5 000.00, based on the following method of
payment:
2, REIMBURSEMENT: Reimbursement for travel and subsistence expenses actually and necessarily incurred by
the GOVERNMENTAL UNIT in performance of this Contract in an amount not to exceed None dollars
($0.00); provided, that the GOVERNMENTAL LJNIT shall be reimbursed for travel and subsistence expenses
in the same manner and in no greater amount than provided in the current "Commissioners Plan;' promulgated
by the commissioner of Employee Relations. The GOVERNMENTAL LJNIT shall not be reimbursed for
travel and subsistence expenses incurred outside the State of Minnesota unless given prior written approvat for
such out-of-state travel from the STATE.
THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPENSATION AND REIMBURSEMENTS TO
GOVERNMENTAL LJNIT SHALL NOT EXCEED: Five Thousand Dollars and no/]00's dollars ($ 5 000.00 .
g. TERMS OF PAYMENT
l, INVOICE: Payments shall be made by the STATE promptly afrer the GOVERNMENTAL iJNIT's
presentation of invoices for services performed and acceptance of such services by the STATE's Authorized
Representative pursuant to clause V II. Invoices shall be submitted in a form prescribed by the STATE and
according to the followin� schedule:
Itemized invoice and report must be filed to�ether, in anears, and within 30 days of the period
covered by the invoice for work satisfactority performed. Final invoice and report must be received
no later an June 30, 2002.
Jomi Po..ers AS�eemenv (DPS��� h 1 R G bi ne Enf;
c��-\o�,�
Z. FEDERAL FLINDS (When applicableJ Paymenu are to be made from federal funds obtained by the E
throu�h Title Juvenile Justice & Delinquencv Pre vention CFDA numbzr 16.SA 1 of the Deqt. of Justice
Act of 1974 Sea 261,262_(Public law 93-415 and amendments thzreto). If at any time such funds become
unavailable, this Contract shall be terminated immediatel} upon «Tittzn notice of such fact by the STATE to
the GOVERDIMENTAL LNIT. In the event of such termination, the GOVER��'MENTAL iJNIT shall be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
IIL TIMELINESS: The GOVERNMENTAL iJNIT shall comply with all of the time rzquirements described in this Contract.
IV. CONDITIONS OF PAYMENT: All services provided by GOVERi�`ME\TAL U�IT: pursuant to this Contract, shall be
performed to the satisfaction ofthe STATE, as determined at the sole discrztion of .he ST�TE's Authorized Representative, and
in accordance with all appllcable federal, state, and local laws, ordinances; rulzs and regulations. The GOV ERi\MENTAL LINIT
shall not receive payment for work found by the STATE to be unsatisfacton, or gerformed in violation of fedzral, state or local
law, ordinance, rule or re�ulation.
V. TERMS OF CONTRACT: This Contract shall be effective on Julv, 1, 2001. or upon the date that the final required si�nature is
obtained by the STATE, pursuant to Minn. Stat. § 16CA�, Subd. 2, whichever occurs latzr, and shall remain in efFect until Mav
;1, 2007, or until all ob]i�ations set forth in this Contract have been satisfactorily fu]filled or the Contract has been canceled,
whichever occurs first. The GOVERNMENTAL LJNIT shall have a continuin� obli�ation. afrzr said Contract period, to compty
with the followin� provisions of ConhaM clauses: X. Liability; XI. State Audits; XII. Minnesota Data Practices Act; XIII.
Intellectual Property Rights; XIV. Publicity; and XVIII. Jurisdiction and Vznuz. THE GOVERNVtENTAL IJNIT
UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDERTHIS CONTRACT WTIL ALL REQUIRED SIGNATURES
HAVE BEEN OBTAINED, AND THE GOVERNMENTAL UNIT IS NOTIFIED TO BEGIN WORK BY THE STATE's
AUTHORIZED REPRESENTATIVE.
VI. CANCELLATION: This Contract may be canceled by the STATE or the Commissionzr of Administration at any time, with or
without cause, upon thirty (30) days written notice to the GOVERNMENTAL iJ\IT. In the event of such a cancellation, the
GOVERNM£NTAL IJNIT shall be entiYled to payment, determined o� a pro rata basis, for ���ork or ser��ices satisfactorily
performed.
VII. STATE's AUTHORIZED REPRESENTATNE: The STATE's Authorizzd Representati� z for the purposes of admi�istration of
this Contract is Norm Pint, or successor in office. The GOVERNMENTAL LNIT's Authorized Representatice for the purposes
of administration of this Contract is Chief William Finnev, or successor in office. The STATE's Authorized Representative shall
have final authority for acceptance of GOVERNMENTAL IJNIT's sera�ices and if such services ue accepted as satisfactory, shall
so certify on each invoice submitted pursuant to Clause II, para�raph B.
VIII. ASSIGNMENT: The GOVERNMENTAL iJNIT shall not assign, delegate, or transfzr any ri�hts or obli�ations under this
Contract without the prior written consent of the STATE.
IX. AMENDMENTS: Any amendments or modifications to this Contract shall be in «ritin� and shall not be effective until executed
by the paRies to this Contract and approved by all STATE officials as required b} la�c.
y,, LIABILITY: The GOVERNMENTAL iJNIT shall indemnify, save and hold the STATE. its representati�es and employees,
harmless from any and all claims or causes of action, includin� all attorne}'s' fees incurred b} the STATE, arisin� from the
performance of this Contract by GOVERNMENTAL LJNIT or GOVERNMENTAL LJXIT's employees, agents, or subcontractors.
This clause shall not be construed to bar any legal remedies the GOVERNMENTAL U1'IT ma} have for thz STATE's failure to
fulfill its obligations pursuant to this Contract.
XI. STATE AUDITS: The books, records, documents and accounting procedures and pracciczs ofthe GOVERN�tENTAL LJNIT and
its employees, agents or subcontractors relevant to this Contract shall be made acailable and subject to examination by the
STATE, includin� the contracting A�ency/Division, Le�islative Auditor, and State Auditor for a mi�imum of six years from the
end date of this Contract.
GOVERNMENTAL LTNIT shall also comply with all federal audit requirements as stated in Attachment A., which is hereby
incorporated by reference and made a part of this Contract.
�DP'41 h13GmbineEnf)
Jomi Pm�ers dgreemem y
� c��- �o�s 3
XIL MINNESOTA GOVERDIMENT DATA PRACTICES ACT: The GOVERNMENTAL UNIT must comply with the Minnesota
Govemment Data Practices Act, Minnesota Stamtes Chapter 13, as it applies to all data p�ovided by the STATE in accordance
with this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
GOVERNMENTAL tJNIT in accordance with this Contract. The civil remedies of Minnesota Statutes Section 13.08, apply to the
release of the data referred to in this Article by either the GOVERNMENTAL UNIT or the STATE.
In the event the GOVERNMENTAL UNIT receives a request to release the data referred to in this Article, the
GOVERNMENTAL UD1IT must immediately notify the STATE. The STATE will �ive the GOVERDiMENTAL IJNIT
instructions concemin� the release of the data to the requestin� pam� before the data is released.
XRI. INTELLECTUAL PROPERTY RIGHTS - State Owns I�tellecnial Pro ertv Rishts a�d Documents with a Free License to the
GOVERNMENTAL UNIT
A. INTELLECTUAL PROPERTY RIGHTS: The STATE shall o�vn all ri�hts, title, and interest in all of the intellectual
property ri�hts, includin� copyri�hts, patents, trade secrets, trademarks, and service marks in the WORKS and
DOCUMENTS. WORKS shall mean all i�ventions, improvements, discoveries (whether or not patentable), databases,
computer programs, reports, notes, studies, photographs, neQatives, desi�ns, drawin�s, specifications, materials, tapes,
and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL tJNIT, its employees, a�ents,
and subcontractors, either individually or jointly with others in the performance ofthis Contract. WORKS shall include
"DOCUMENTS" DOCUMENTS are the ori�inals of any databases, computer programs, reports, notes, studies,
photographs, negatives, desi�ns, drawin�s, 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 UNIT upon completion or cancellation of
this Contract To the extent possible, those WORKS eligible for copyright protection under the United States Copyright
Act shall be deemed to be "works made for hire ° The GOVERNMENTAL iJNIT a�rees to, and hereby does, assign all
right, tiUe, and interest it may have in the WORKS and the DOCUMENTS to the STATE. The GOVERNMENTAL
LJNIT shall, at the request of ihe STATE, execute all papers and perform all other acts necessary to h'ansfer or record the
STATE's ownership interest in the WORKS and DOCUMENTS.
g. OBLIGATIONS:
l. NOTIFICATION: Whenever any inventioq improvement, or discovery (whether or not patentable) is made or
conceived for the first time or actually or constructively reduced to practice by the GOVERNMENTAL UNIT,
including its employees and subcontractors in the performance ofthis Conhact, the GOVERNMENTAL iJNIT
shall immediately give the STATE's Authorized Kepresentative written notice Yhereof, and shall promptly
fumish the Authorized Representative with complete information and/or disclosure thereon.
2. REPRESENTATION: The GOVERNMENTAL iJNIT shall perform all acts and take all steps necessary to
ensure that all intellectual property ri�hts in the WORKS and DOCUMENTS are the sole property of the
STATE, and that no GOVERNMENTAL LJNIT employee, agent, or subcontractor retains any interest in and to
the WORKS and DOCUMENTS. The GOV ERNMENTAL iJNIT represents and warrants that the WORKS
and DOCUMENTS do not and shall not infringe upon any intellecmal property rights of other persons or
entities. The GOVERNMENTAL iINIT shall indemnify, defend, and hold haanless the STATE, at the
C,OVERNMENTAL iJNIT's expense, from any action or claim brou�ht a�ainst the STATE to the extent that it
is based on a claim that all or part of the WORKS or DOCUMENTS infrin�e upon the intellectual property
rights of others. The GOVERNMENTAL LJNIT shall be responsible for payment of any and all such claims,
demands, obli�ations, liabilities, costs, and damages including, but not limited to, attomeys' fees. If such a
claim or action arises, or in the GOVERNMENTAL LINIT's or the STATE's opinion is likety to arise, the
GOVERNMENTAL L1NIT shall, at the STATE's discretion, either procure for the STATE the ri�ht or license
to use the intellectual property rights at issue or replace or modify the allegedly infringing WORKS or
DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the STATE
shall be in addition to, and not exclusive of, other remedies provided by law.
�. SURVIVABILITY: The rights and duties of the STATE and the GOV ERNMENTAL LJNIT provided for above shall
survive the expiration or cancellation of this Contract.
Iom� Pa..ers 4yreemrnc (DPSl41 h I C.� G bfn� Enf )
3
XIV
XV
XVI.
XVII.
XVIII.
O l-\U�L3
PUBLICITY: Any publicity �iven to the pro�ram, publications, or services provided resultin� from this Contract, includmg, but
not limited to, notices, informational pamphleu, press releases, research, reports, signs, and similar public notices prepared by or
for the GOVERNMENTAL i1NIT or its employees individually or jointly with others, or any subcontractors shall identify the
STATE as the sponsorin� agency and shall not be released, unless such release is a specific part of an approved work plan
included in this Contract prior to its approval by the STATE's Authorized Representative.
WORKERS' COMPENSATION: (When applicable.) In accordance with the provisions of Minn. Stat � 176.182, as amended,
the GOVERNMENTAL iJNIT shall provide acceptable evidence oF compliance with the workers' compznsa[ion insurance
coverage requirement of Minn. Stat. § 176.181, Subd. 2, as amended, prior to the commencement of any duties to be performed
under this Contract.
ANTITRUST: The GOVERNMENTAL UNIT hereby assi�ns to the State of Minnesota any and all claims for overcharges as to
�oods and/or services provided in connection with this Contract resulting from antitrust violations that arise under the antitrust
laws of the United States and the antitrust laws of the State of Minnesota.
PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) GOVERNMENTAL UNIT is required to pay
subcontractors pursuant to Minn. Stat. § 16A.1245.
JURISDICTION AND VENUE: This Contract and executed amendments thereto, shall be �ovemed by the laws of the State of
Minnesota. Venue for all legal proceedin�s arisin� out of this Contract, or breach thereof, shall be in the state or federal court
with competentjurisdiction in Ramsey County, Minnesota.
XtX. COMPLETE CONTRACT: This Contract, and amendments and supplements, constiwtes the entire a�reement between the
parties.
XX. OTHER PROVISIONS: None
IN WITNESS `NHEREOF, the parties have caused this Contract to be duly executed intending to be bound
AP�ROVED:
1. EncumUl ce Verification:
Signed:
Date:
A�nual Plan T number: 10703
2. GOVERNMENTALUNIT: �
GOVERNMENTAL iJNIT certifies that the
person(s) have executed the Contract on b
GOVERNMENTAL iTNIT as required _
articles, by-laws, resolucions, or ordina s.
�
Title
Date
Title: Special A�ent in Charge
Title
Date
3. STATE
BI Y� �
Date:
loint Poe'ms ASreemen[
✓io � �� s ro ��' ��
(DPS'41 h I& Gambi n¢ Enf )
4
Cx t og3
Attachment A(Pages 1 and 2)
FEDERAL AUDIT REQUIREMENTS
1. For subrecipients who are state (includes Indian tribes) or local governments
If the �rantee expends total direct and indirect federal assistance of:
*" Equal to or in excess of 5300,000 or more per year, the �rantee agrees to obtain a fi�ancial and compliance audit made in
accordancz �i�ith the Sin�le Audit Act of 1984 (Public Law 98-502) and the federal Office of Mana�ement and bud�et
(OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the �rantee
govemment or, at the option of the �rantee government, it may cover departments, a�encies or establishmenu that
received, expended, or otherwise administered federal fnancial assistance durin� the year. .
Audits shall be made annually unless the State or local �ovemment has, by January 1, 1987, a constitutional or statutory requirement
for less frequent audits. For those governments, the cognizant a�ency shall permit biennial audits, covering both years, if the
govemment so requests. It shall also honor requests for biennial audits by govemments that have an administrative policy callin� for
audits less frequent than annual, but only for fiscal years beginnin� before January l, 1987.
2. For subrecipients who are instiWtions of higher education, hospitals, or other nonprofit organizations
If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial
and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is
a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only
one pro�ram, 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. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public
accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Govemmental
Oraanizations Pro�rams, Activities, and Functions.
4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 as applicable.
The rzporting requirements for audit reports shall be in accordance with the American Institute of CeRified Public Accounts'
(AICPA) Statement on Auditin� Standards (SAS) 58, "RepoRs on Audited Fi�ancial Statements" or SAS 62, "Special Rzports," as
applicable.
The reportin� requirements for audit reports on compliance and intemal controls shall be in accordance with AICPA'S SAS 63,
"Compliance Auditin� Applicable to Govemmental Entities and Other Recipients of Governmental Finaacial Assistance" and
Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units."
In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report includin� a
plan for conective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective
action is not necessary a statement describin� the reason it is not should accompany the audit report.
5. The �rantee a�rees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated b} the grantor
shall have such access to grantee's records and financial statements as may be necessary for the �rantor to comply with the Si��le
Audit Act and OMB Circular A-133, as applicable.
]om� Powe�s Agreemm� (DPSIAI noI S Gambl rm Eal,
ol-�0�3
6. Grantees of federal financial assistance from subrecipients are also required to compl} «ith the Single Audit Act and the OMB
Circulaz A-133, as applicable.
The grantee a�rees to retain documentation to support the schedule of federal assistance.
8. Required audit reports must be filed with the Office of the State Auditor. Single Audit Di� ision and «ith the Dzpartment of Public
Safety, within 30 days after the completion of the audit, but no later than one } ear aftzr thz end of the audit period.
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
Recipients expending more than $300,000 in federal funds are to submit onz copy of the audic report «ithin 30 days afrer issuance to
the clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
12�1 East lOth Street
Jefferson, I�diana 47132
Attn: Single Audit Clearinghouse
lom� Po..ers Aneemxm +DPYa� h I& Gambi ne Enf )
6
S `: .
STA'TE OF �NESOTA U\^�OLS' �
�R�h�r'i' COOT'TRACT
This "�� contrac: is berNeen the S�te of _Vli:.nesota, ac:ing through its Commissioner of Public Safery, Alcohol &
Gambling Enforcement �ivision ("State") and the City of Szint Paul, Saint Paul Police Departrnent, address 100 East
11�'. Street, Saint Paui, Vlinresota ("Grantee").
Recitals
1. Under Vlinn. Stat. �Sinn. Stat. S 299A.01 subd 2(4) , the S2ate is empowered to enter into this grant contract.
2. The State is in need of reimburslizg local jurisdicnons for rhe:r par.iciparion in a federal �ant program to combat
underage drinldng.
_. The C'nantee represents that it is duly qualified and agrees to perform all services described in this �ant contract to
the sarisfaction ofthe State.
Grant Contract
1 Term of Grant CantracY
1.1 Effective date July Ol, 2001 or the date the State obtains all required signatures under Minnesota Statutes Section
36C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully execnted and the
Grantee has been notified by the State's Authorized Representative to begin the work.
12 Expiration date: May 31, 2002, or until all obligarions have been sarisfactorily fulfilled, whichever occurs fust.
13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8.
Liability; 9. State Audits; 10. Govemment Data Practices and Intellectual Froperry; 13. Publicity and
Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure.
2 Grantee'sDuties
The Grantee, who is not a state employee, will:
2.1 Conduct enforcement of underage drinking laws through undercover surveillance of retail liquor outlets and
monitor public places where underage consumption of alcohol is Imown to the law enforcement agency to take nlace.
22 Comply with Federal Audit Requirements, labeled Attachment A., which is attached and incorporated into this
grant contract.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant conh�act, rime is of the essence.
4 Consideration and Payment
4.1 Consideradon. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Cnmpensation. The Grantee will be reimbursed not more than $3,000.00 based on actual hours and rates of
Grantee's staff workinQ on this proeram.
(2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incuned by
the Grantee as a result of this grant contract will not exceed $0.00; provided that the Grantee will be reimbursed
for travel and subsistence expenses in the same manner and in no greater amount than provided in the current
"Commissioner' s Plan promulgated by the commissioner of Employee Relations. The Grantee will not be
reimbwsed for travel and subsistence expenses incurred outside Minnesota unless it has received the State=s
prior written approval for out of state travel. Minnesota will be considered the home state for determining
whether travel is out of state.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this a ant contract will not exceed Three Thousand and no/100 dollars. $3 000.00).
42.Payment
Grent (Rev. 12/00)
o � �v 3
(1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the �
services actually performed and the State's Authorized Representarive accepts the invoiced services.
Invoices must be submitted timely and according to the following schedule:
Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly, and within 30
days of the period covered by the invoice for work satisfactorily performed. Final invoice must be
received no later than May 31, 2002.
(2) Federal fuxds. (Where applicable, if blank this secrion does not apply) Payments under this grant contract
wiR be made from federal funds obtained by the State through Title 7uvenile 7ustice & Delinquency
Prevention CFDA number 16.541 of the Department of Jusrice Act of 1974 Sec. 261 262 (Public law 93-
415 . The Grantee is responsible for compliance with all federal requirements imposed on these funds and
accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with
federal requirements.
Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representative
The State's Authorized Representative is Frank Ball, Director, or his/her successor, and has the responsibility to
monitor the Grantee's performance and the authority to accept the services provided under this grant confract. If
the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment. -
The Grantee's Authorized Representative is William Finnev Chief of Police. If the Grantee's Authorized
Representative changes at any time during this grant contract, the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, execixted and approved by
the same parties who executed and approved this grant contract, or their successors in office.
72 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office.
73 Waiven If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7A Grant Contract Complete. This grant contract contains all negotiations and agreements berivezn the State
and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used
to bind either pariy.
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attomey' s fees incurred by the State, arising from the performance of this grant
contract by the Cnantee or the Grantee' s agents or employees. This clause will not be construed to bar any legal
remedies the Crrantee may have for the State's failure to fulfill its obligations under this grant contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee' s books, records, documents, and accounting procedures and
practices relevant to this grant contract are subject to examinarion by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
Grant (Rev.i2/00)
10 Governmeat Data Practices and �nte!lectual P: operty �` ��g �
10.1. Governmen[ Data P: acfices. The Crranree and State must comply with the Minnesota Govemment Data
P:acrices AcY, �iinn. Stat. Ch. li, as it applies to all data provided by the State under this gsant contract,
3nd as it applies to all data created, coilected, received, stored, use3, maintained, or disseminated by the
Grantee unde: this �rant contrac*. The civil remedies of?vlinn. SS: t. § 13.08 apply to the re?ease of zhe 3ata
refe: to in this clause by either the Grantee or the State.
�the Grantee receives a request io release the data referred to in �his Clause, the Grantee must
unmediately norify ?he State. The State will �ive the Grantee insaucrions concemmg the :elease of the
data to the requesting party before the data is released.
10?. Intelleetual Proper[y Riglets
The State shall own all rights, ride, and interest in all of the intellectual properry rights, 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), daYabases, computer programs, reports,
notes, studies, photographs, negarives, designs, rkawings, specifications, materials, tapes, and disks
conceived, reduced to pracrice, created or originated by the Grantee, its employees, agents, and
subconh�actors, either individually or j ointly with others in the performance of this grant contract. WORKS
shall include "DOCUMENTS." DOCUMENTS are the originals of any databases, computer programs,
reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or
other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, agents, or
subcontractors, in the performance of this grant contract. The DOCUMENTS shall be the exclusive property
of the State and all such DOCIJMENTS shall be remitted to the State by the Grantee upon completion or
cancellarion of this grant contract.' To the extent possible, those WORKS eligible for copyright protecrion
under the United States Copyright Act shall be deemed to be "works made for hire." The Grantee agrees to,
and hereby does, assign all right, title, and interest it may have in the WORKS and the DOCTJMENTS to the
State. The Crrantee shall, at the request of the State, execute all papers and perform all other acts necessary to
transfer or record the State's ownership interest in the WORKS and DOCiJMENTS.
12 dVorkers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers'
compensarion insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and
any claims made by any third party as a consequence of any act or omission on the part of these employees are in
no way the State' s obligarion or responsibility.
13 Publicity and Endorsement
13.1 Publicity. Any publiciry reguding the subject matter of this grant contract must idenrify the State as the
sponsoring agency and must not be released without prior written approval from the State' s Authorized
Representative. For purposes of this provision, publicity includes norices, informarional pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, �vith respect to the program, publications, or services provided
resulrino from this grant contract.
13.2 Endorsement. The Grantee must not claim that the State endarses its products or services.
14 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, govems this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
15 Termination
Grant (Rev.l2/00)
ot-�o�3
1�.1 Termi�:ation hy the State. The State may cancel this grant contract at any rime, with or without cause, upon
30 days' written notice to the C3rantee. tipon terminarion, rhe Grantee will be entitled to payment, determined
on a pro rata basis, for services sarisfactorily performed.
i6 Data Disclosure
L'nder l�Iinn. Stat. g 270.66, and othe: applicabie law, the Grantee consents to disclosure of its social secar_ty
number, fe3eral employer tae idenrificarion number, and/or l4innesota tax ideatincarion number, already
provided to the State, to federal and state ta� agencies and state personnel involved in the payment of state
obligarions. These +_dentificarion numbers may be used in the enforcement of federal and state tax laws which
could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
1. ST�TE E\CLIVIBRAIVCE VERIF'ICATION
� ndividual certifies ihatfunds have been encumbered as
reqZi e� by:Ninn. Stat 4 5 16A.15 and 16C.05.
Signed:
Date:
Grant contract No. __
2. GRANTEE \
The Grantee certifies that the appmpriate person(s)
have execu[ed the � ant convact on behalf of the Grantee as
required by applicable articles, bylaws, resolurions, or ordinances.
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
ih�"f jT> t� �fG V'} ✓iC.�
J
B _
Title:
Date:
By: _
Title:
Date:
Distribution: \
Agency
Grantee
State' s Authorized Representative
Copy
G2nt (Rev. 13/00)
4� 10�3
i=v$R?i. �iT�T'� v.{�L�?R:;�1��ITS
_. � cr saor�_:gieau sv�o ar� s:ate �inc?udes :ndi�n >ibes) or ?ocal goce;�menu
If the �antee zxpeads taral direct and ind'uect ;edz:al assistance oi:
�rt.^.c§meaY rl (Pages 1 a�d 3i
"x Eaual to or in e:cess of 5300,000 or merz per yeaz. :he =*antze a�rees to obtain a nnancial and compliance audit made
in zccozdance wich rhe Sinaie Audit �c± of !484 (Pualic Law 93-�02) and :he fede:al Office of Ylanasemeat and
budaet (OMB) Circvlar A-13�. T;ie law and circulaz provide that the audit shall cover the zntire operacions oP �e
�antee �ovemment or, at the oprion oi he �rantee government, it may cover departmenu, agencies or establishmenu
that received, expended, or othenvise administered federal financial assistance durin� the year.
Audiu sha11 be made annually unless the State or local �overnment has, by January i, 1987, a constitutional oc stacucory
requirement for less frequent audiu. For those �ovemments, the co�izant aeency shall permit bieanial audits, coverin� both
years, if the government so requests. It shall also honor requests for biennial audits by �ovemments that have an administrative
policy calling :or audits less frequent than annuat, but only for fiscal yeazs beginnin� before 7anuazy 1, 198'1�
2. i�or subrecnpients who are institutions of higher educaYion, hosQitals, or other nonprofit organizations
If the grantee expends total direct and indirect federal assistance of �300,000 or more per year, the �rantee agrees to obtain a
fmancial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization �vide
audit, uniess it is a coordinated audit in accordance with OMB C'sculu A-133. Aowever, when the �30o,000 or more was
zxpended under only one program, che subracipient may have an audit of that one program.
Audits shall usually be made annually, but not less frequently than every two years.
3. All audits shall be made by an independent auditor. An independent auditor is a state or local oovemment auditor or a public
accountant who meets the independence standards specified in the General Accountin� Office's Standards for Audit of
Govemmental Orsanizations, Proerams, Activicies. and Functions.
4. Audit repores shall state that the audit was performed in accordance with the provisions of OMB Circular A-li3 as applicable.
The reportin� requiremenu for audit reports sha11 be in accordance with the American Institute of Certified Public Accounts'
(AICPA) Statement on Auditing Standards (SAS) SS, "Reports on Audited Financial Statements" or SAS 62, "Special Aeports,"
as applicable. �
The reporting requirements for audit repons on compliance and intemal conuols shall be in accordance with AICPA'S SAS 63,
"Compliance Auditin� Applicable to Govemmental Entities and Other Recipients of Governmental Financial Assistance" and
Statement of Posirion (SOP) 39-6, "Auditors Rzpons in Audits of State and Local Governmental Units."
Tn addition to the audit report, the recipient shall provide comments on the imdings and recommendations in the report, including
a plan for correcrive action takzn or planned and commenu on the status of cosective action taken on prior fmdin�s. If
corrective acrion is not necessary a statzment describing the reason it is not should accompany che audit report.
5. The erantee agrees that che grantor, the Legislativz Auditor, c�'�e State Auditor, and any independent auditor designated by the
srantor shall have such access to �rantee's records and h'nancial statements as may be necessary for the grantor to comply with
the Single Audit Act and OMB Circular A-133, as applicable. .
6. Grantees of federal fmancial assistance from subrzcipients aze also required to comply with the Sinsle Audit Act and the OMB
CirculazA-133, as applicable.
The grantee a�rees to retain documentation co support rhe schedule of federal assistance.
� � O�-� 0�53
3. Rzquired audit repons mus: be Sied with ri�,e vifice cf he State Auditor, Sin�?e ,�udit �ivision and wivh �he Deparment oY
Paoiic Saferv, �.rchin �0 days after che comple:ion of :Iie audit but no':ater �hhan one � ear a8er he znd of the audic aeriod.
?'�e Deaartment oi Public Saferv`s audit report should'oe addressed to:
Niinnesora Deparunent of Fsbiic SaFe!y
Cffice of Fiscal and :ldministrazice Services
� Cadar S�t'eet
Suite 126, Town Squaze
St. Paul, YIN 55101-�126
9. Recipients expending more than �300,000 in federai funds aze to submit one copy of the audic report wichin 30 days afre:
issuancs to the clearinghouse at the following address:
Bureau ofthe Census
Data Prepazation Division
1201 East lOth Street
Jefferson, Indiana 47132
Atm: Sin�ie Audit Clearin�house
Retum Copy To:
` Police Dept. Accounting
ORIGINAL�
Presented By:
Referred To:
RESOLUTION
Committee:Date:
i�
a�-���
1
2 WHEREAS, the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, has
3 awarded grants to the Saint Paul Police Department for conducting underage compliance checks at licensed
4 liquor establishments for the period July 1, 2001 through May 31, 2002; and
5
6
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8
9
10
11
12
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14
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RESOLVED, that the City Council accepts these grants from the Minnesota Department of Public Safety,
Alcohol and Gambling Enforcement Division and authorizes the City of Saint Paul to enter into the attached
agreements with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division.
Requested by Deparpnent of:
O �. \7� aoo�
Adopfion Certified by CouncSSecr�.
B
�.�
Appro e�y N a�yoT a e:
MinnDeplPubiicSafetyU nderageComplianceGrants.Ot.cr
BY�" �✓t \ ' lu- %
` ) ' --
,...---
Approval Recommended I{y Financial Ser �ces Director:
By: • .N
Form App ove y City Attorney:
By: a�, �. ; �—_-.
Approved
Council File #
Green Sheet # 113�
for S bmission to Council:
� v
DEPARTMENT/OFFICE/COUNCIL DA7EINI7WTED
�, rai��D��nc 9nvoi - GREEN SHEET No. 113568
CONiACTPERSON PHONE - INfi�AUDA7E INfrwJDA7E �\�
ClliefFinney 292-3588 1 vuaxwra�arox 5 couxu�
MUST BE ON COUNCIL AGENDA BY (DATE)
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TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED
Approval of the attached councfl resolution authorizing the Saint Paul Police Department to acce�,� E��/ `D
the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division and authorizing the
City of Saint to enter into the attached agreements with the Minnesota Department of Public Safety, Alc 2 6 26��
and Gambling Enforcement Division.
CITY ATTORNEY
RECOMMENDATION AppfOV2 (A) Of R2j2G� (R) PERSONAL SERVICE CONTRACTS MUST ANSWERTHE FOLLOWING QUESTIONS:
7. Has this persoNfirtn ever vrorked under a wntrect for this department?
PIANNING COMMISSION vES NO
CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee?
� CNIL SERVICE COMMISSION YES NO
3. Does this persoNfirm possess a skill not normally possessetl by any curterrt aty employee?
YES NO
4. Is this pereonffrm a targeted vendoR
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY)
The Minnesota Deparnnent of Public Safety, Alcohol and Gasnbling Enforcement Division, has awazded a$5,000
grant and a$3,000 grant to the Saint Paul Police Department for underage compliance checks at licensed
liquor establislunents for the period July 1, 2001 tluough May 31, 2002. a�
.. ��� �S��CC�i �� LL
;.- � 4� �J��
ADVANTAGESIFAPPROVED t,� "
Ability to use gant funds awazded to reduce underage access to alcohol.
DISADVANTAGES IF APPROVED _ •
None.
DISADVANTAGES IF NO7APPROVED
Loss of grant funds available.
TOTAL AMOUNT OF TRANSACTION $ 5� and 3 ,000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE SY3Y0 Of MIRII050T3 g22llY ACTNIN NUMBER 04000
FINANCIAL INFORMATION (EXPLAIN)
MinnDepiPublicSaferyUnderageComplicanceCheckGrants.gs.01
S
' ' STATE OF MINNESOTA o\_\
ENCUMBRANCE WORK5HEET
State Accounting Information:
CFMS Contract No. Agency Contract Identificafion No.: Line 3
Contract Start Date: 7!1/01
Expiration Date: 5/31/02
ContractorName and Address:
The Citv of Saint Paul
Saint Paul Police Department
100 East l lth. Street
Saint Paul, MN 55101
Soc. Sec. or Federal Employer LD. No. 41-6005521
Minnesota Tax I.D. No. (if applicable) 0080250956
This Page Contains Private Data
Do Not Circulate
DO NOT REPRODUCE
OR DISTRIBUTE EXTERNALLY WITHOUT EXPRESS
WRITTEN PERMISSION OF THE CONTRACTOR.
encumbrance form rev 4/00
o�-�o�
CFMS Contract umber:
STATE OF MINNESOTA
ANNUAL PLAN JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "ContracP'), subject to the la�vs of
Minnesota, is berneen the Scate of Minnesota, acting throu�h its Commissioner of Public Saferi Alcohol & Gambline Enforcement
Division (hereinafrer "STATE"), which is empowered to enter intojoint po�vers a�reements pursuant to Minn. Stat. § 47159, Subd. 10,
and the Citv of Saint Paul Saint Paul Police Department, address 100 East ll`". Street, Saint Paul, MN (hereinafter "GOVERN�IENTAL
LJNIT"), which is empowered to enter into �omt powers a�reements pursuant to Minn. Stat. § 471.59, Subd. 10;
WHEREAS, the STATE is in need of reimbursinQ local'urisdictions for their artici ation in a federal �rant roaram to combat underaoe
drinkine", and
WHEREAS, GOVERNMENTAL LJNIT represents that it is duly qualified and willing to perform the services set forth herein.
NOW, THEREFORE, it is a�reed:
I. A. GOVERNMENTAL [JNIT's DUTIES (Attach additional page if necessary, which is incorporated by reference and made
a part of this a�reement.) GOVERNMENTAL iJNIT shall:
. conduct independent compliance checks at licensed liquor establishments within their jurisdictions.
. report findin�s back to the STATE usin� the STATE approved reportin� form.
. report all licensed liquor establishments failin� compliance check to local liquor license issuer to impose
penalty pursuant to Minn. Statute 340A.415.
IL CONSIDERATION AND TERMS OF PAYMENT:
A. CONSIDERATION: Consideration for all services performed by the GOVERNMENTAL tJNIT pursuant to this
Contract shall be paid by the STATE as follows:
1. COMPENSATION: Compensation in an amount not to exceed $ 5 000.00, based on the following method of
payment:
2, REIMBURSEMENT: Reimbursement for travel and subsistence expenses actually and necessarily incurred by
the GOVERNMENTAL UNIT in performance of this Contract in an amount not to exceed None dollars
($0.00); provided, that the GOVERNMENTAL LJNIT shall be reimbursed for travel and subsistence expenses
in the same manner and in no greater amount than provided in the current "Commissioners Plan;' promulgated
by the commissioner of Employee Relations. The GOVERNMENTAL LJNIT shall not be reimbursed for
travel and subsistence expenses incurred outside the State of Minnesota unless given prior written approvat for
such out-of-state travel from the STATE.
THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPENSATION AND REIMBURSEMENTS TO
GOVERNMENTAL LJNIT SHALL NOT EXCEED: Five Thousand Dollars and no/]00's dollars ($ 5 000.00 .
g. TERMS OF PAYMENT
l, INVOICE: Payments shall be made by the STATE promptly afrer the GOVERNMENTAL iJNIT's
presentation of invoices for services performed and acceptance of such services by the STATE's Authorized
Representative pursuant to clause V II. Invoices shall be submitted in a form prescribed by the STATE and
according to the followin� schedule:
Itemized invoice and report must be filed to�ether, in anears, and within 30 days of the period
covered by the invoice for work satisfactority performed. Final invoice and report must be received
no later an June 30, 2002.
Jomi Po..ers AS�eemenv (DPS��� h 1 R G bi ne Enf;
c��-\o�,�
Z. FEDERAL FLINDS (When applicableJ Paymenu are to be made from federal funds obtained by the E
throu�h Title Juvenile Justice & Delinquencv Pre vention CFDA numbzr 16.SA 1 of the Deqt. of Justice
Act of 1974 Sea 261,262_(Public law 93-415 and amendments thzreto). If at any time such funds become
unavailable, this Contract shall be terminated immediatel} upon «Tittzn notice of such fact by the STATE to
the GOVERDIMENTAL LNIT. In the event of such termination, the GOVER��'MENTAL iJNIT shall be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
IIL TIMELINESS: The GOVERNMENTAL iJNIT shall comply with all of the time rzquirements described in this Contract.
IV. CONDITIONS OF PAYMENT: All services provided by GOVERi�`ME\TAL U�IT: pursuant to this Contract, shall be
performed to the satisfaction ofthe STATE, as determined at the sole discrztion of .he ST�TE's Authorized Representative, and
in accordance with all appllcable federal, state, and local laws, ordinances; rulzs and regulations. The GOV ERi\MENTAL LINIT
shall not receive payment for work found by the STATE to be unsatisfacton, or gerformed in violation of fedzral, state or local
law, ordinance, rule or re�ulation.
V. TERMS OF CONTRACT: This Contract shall be effective on Julv, 1, 2001. or upon the date that the final required si�nature is
obtained by the STATE, pursuant to Minn. Stat. § 16CA�, Subd. 2, whichever occurs latzr, and shall remain in efFect until Mav
;1, 2007, or until all ob]i�ations set forth in this Contract have been satisfactorily fu]filled or the Contract has been canceled,
whichever occurs first. The GOVERNMENTAL LJNIT shall have a continuin� obli�ation. afrzr said Contract period, to compty
with the followin� provisions of ConhaM clauses: X. Liability; XI. State Audits; XII. Minnesota Data Practices Act; XIII.
Intellectual Property Rights; XIV. Publicity; and XVIII. Jurisdiction and Vznuz. THE GOVERNVtENTAL IJNIT
UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDERTHIS CONTRACT WTIL ALL REQUIRED SIGNATURES
HAVE BEEN OBTAINED, AND THE GOVERNMENTAL UNIT IS NOTIFIED TO BEGIN WORK BY THE STATE's
AUTHORIZED REPRESENTATIVE.
VI. CANCELLATION: This Contract may be canceled by the STATE or the Commissionzr of Administration at any time, with or
without cause, upon thirty (30) days written notice to the GOVERNMENTAL iJ\IT. In the event of such a cancellation, the
GOVERNM£NTAL IJNIT shall be entiYled to payment, determined o� a pro rata basis, for ���ork or ser��ices satisfactorily
performed.
VII. STATE's AUTHORIZED REPRESENTATNE: The STATE's Authorizzd Representati� z for the purposes of admi�istration of
this Contract is Norm Pint, or successor in office. The GOVERNMENTAL LNIT's Authorized Representatice for the purposes
of administration of this Contract is Chief William Finnev, or successor in office. The STATE's Authorized Representative shall
have final authority for acceptance of GOVERNMENTAL IJNIT's sera�ices and if such services ue accepted as satisfactory, shall
so certify on each invoice submitted pursuant to Clause II, para�raph B.
VIII. ASSIGNMENT: The GOVERNMENTAL iJNIT shall not assign, delegate, or transfzr any ri�hts or obli�ations under this
Contract without the prior written consent of the STATE.
IX. AMENDMENTS: Any amendments or modifications to this Contract shall be in «ritin� and shall not be effective until executed
by the paRies to this Contract and approved by all STATE officials as required b} la�c.
y,, LIABILITY: The GOVERNMENTAL iJNIT shall indemnify, save and hold the STATE. its representati�es and employees,
harmless from any and all claims or causes of action, includin� all attorne}'s' fees incurred b} the STATE, arisin� from the
performance of this Contract by GOVERNMENTAL LJNIT or GOVERNMENTAL LJXIT's employees, agents, or subcontractors.
This clause shall not be construed to bar any legal remedies the GOVERNMENTAL U1'IT ma} have for thz STATE's failure to
fulfill its obligations pursuant to this Contract.
XI. STATE AUDITS: The books, records, documents and accounting procedures and pracciczs ofthe GOVERN�tENTAL LJNIT and
its employees, agents or subcontractors relevant to this Contract shall be made acailable and subject to examination by the
STATE, includin� the contracting A�ency/Division, Le�islative Auditor, and State Auditor for a mi�imum of six years from the
end date of this Contract.
GOVERNMENTAL LTNIT shall also comply with all federal audit requirements as stated in Attachment A., which is hereby
incorporated by reference and made a part of this Contract.
�DP'41 h13GmbineEnf)
Jomi Pm�ers dgreemem y
� c��- �o�s 3
XIL MINNESOTA GOVERDIMENT DATA PRACTICES ACT: The GOVERNMENTAL UNIT must comply with the Minnesota
Govemment Data Practices Act, Minnesota Stamtes Chapter 13, as it applies to all data p�ovided by the STATE in accordance
with this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
GOVERNMENTAL tJNIT in accordance with this Contract. The civil remedies of Minnesota Statutes Section 13.08, apply to the
release of the data referred to in this Article by either the GOVERNMENTAL UNIT or the STATE.
In the event the GOVERNMENTAL UNIT receives a request to release the data referred to in this Article, the
GOVERNMENTAL UD1IT must immediately notify the STATE. The STATE will �ive the GOVERDiMENTAL IJNIT
instructions concemin� the release of the data to the requestin� pam� before the data is released.
XRI. INTELLECTUAL PROPERTY RIGHTS - State Owns I�tellecnial Pro ertv Rishts a�d Documents with a Free License to the
GOVERNMENTAL UNIT
A. INTELLECTUAL PROPERTY RIGHTS: The STATE shall o�vn all ri�hts, title, and interest in all of the intellectual
property ri�hts, includin� copyri�hts, patents, trade secrets, trademarks, and service marks in the WORKS and
DOCUMENTS. WORKS shall mean all i�ventions, improvements, discoveries (whether or not patentable), databases,
computer programs, reports, notes, studies, photographs, neQatives, desi�ns, drawin�s, specifications, materials, tapes,
and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL tJNIT, its employees, a�ents,
and subcontractors, either individually or jointly with others in the performance ofthis Contract. WORKS shall include
"DOCUMENTS" DOCUMENTS are the ori�inals of any databases, computer programs, reports, notes, studies,
photographs, negatives, desi�ns, drawin�s, 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 UNIT upon completion or cancellation of
this Contract To the extent possible, those WORKS eligible for copyright protection under the United States Copyright
Act shall be deemed to be "works made for hire ° The GOVERNMENTAL iJNIT a�rees to, and hereby does, assign all
right, tiUe, and interest it may have in the WORKS and the DOCUMENTS to the STATE. The GOVERNMENTAL
LJNIT shall, at the request of ihe STATE, execute all papers and perform all other acts necessary to h'ansfer or record the
STATE's ownership interest in the WORKS and DOCUMENTS.
g. OBLIGATIONS:
l. NOTIFICATION: Whenever any inventioq improvement, or discovery (whether or not patentable) is made or
conceived for the first time or actually or constructively reduced to practice by the GOVERNMENTAL UNIT,
including its employees and subcontractors in the performance ofthis Conhact, the GOVERNMENTAL iJNIT
shall immediately give the STATE's Authorized Kepresentative written notice Yhereof, and shall promptly
fumish the Authorized Representative with complete information and/or disclosure thereon.
2. REPRESENTATION: The GOVERNMENTAL iJNIT shall perform all acts and take all steps necessary to
ensure that all intellectual property ri�hts in the WORKS and DOCUMENTS are the sole property of the
STATE, and that no GOVERNMENTAL LJNIT employee, agent, or subcontractor retains any interest in and to
the WORKS and DOCUMENTS. The GOV ERNMENTAL iJNIT represents and warrants that the WORKS
and DOCUMENTS do not and shall not infringe upon any intellecmal property rights of other persons or
entities. The GOVERNMENTAL iINIT shall indemnify, defend, and hold haanless the STATE, at the
C,OVERNMENTAL iJNIT's expense, from any action or claim brou�ht a�ainst the STATE to the extent that it
is based on a claim that all or part of the WORKS or DOCUMENTS infrin�e upon the intellectual property
rights of others. The GOVERNMENTAL LJNIT shall be responsible for payment of any and all such claims,
demands, obli�ations, liabilities, costs, and damages including, but not limited to, attomeys' fees. If such a
claim or action arises, or in the GOVERNMENTAL LINIT's or the STATE's opinion is likety to arise, the
GOVERNMENTAL L1NIT shall, at the STATE's discretion, either procure for the STATE the ri�ht or license
to use the intellectual property rights at issue or replace or modify the allegedly infringing WORKS or
DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the STATE
shall be in addition to, and not exclusive of, other remedies provided by law.
�. SURVIVABILITY: The rights and duties of the STATE and the GOV ERNMENTAL LJNIT provided for above shall
survive the expiration or cancellation of this Contract.
Iom� Pa..ers 4yreemrnc (DPSl41 h I C.� G bfn� Enf )
3
XIV
XV
XVI.
XVII.
XVIII.
O l-\U�L3
PUBLICITY: Any publicity �iven to the pro�ram, publications, or services provided resultin� from this Contract, includmg, but
not limited to, notices, informational pamphleu, press releases, research, reports, signs, and similar public notices prepared by or
for the GOVERNMENTAL i1NIT or its employees individually or jointly with others, or any subcontractors shall identify the
STATE as the sponsorin� agency and shall not be released, unless such release is a specific part of an approved work plan
included in this Contract prior to its approval by the STATE's Authorized Representative.
WORKERS' COMPENSATION: (When applicable.) In accordance with the provisions of Minn. Stat � 176.182, as amended,
the GOVERNMENTAL iJNIT shall provide acceptable evidence oF compliance with the workers' compznsa[ion insurance
coverage requirement of Minn. Stat. § 176.181, Subd. 2, as amended, prior to the commencement of any duties to be performed
under this Contract.
ANTITRUST: The GOVERNMENTAL UNIT hereby assi�ns to the State of Minnesota any and all claims for overcharges as to
�oods and/or services provided in connection with this Contract resulting from antitrust violations that arise under the antitrust
laws of the United States and the antitrust laws of the State of Minnesota.
PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) GOVERNMENTAL UNIT is required to pay
subcontractors pursuant to Minn. Stat. § 16A.1245.
JURISDICTION AND VENUE: This Contract and executed amendments thereto, shall be �ovemed by the laws of the State of
Minnesota. Venue for all legal proceedin�s arisin� out of this Contract, or breach thereof, shall be in the state or federal court
with competentjurisdiction in Ramsey County, Minnesota.
XtX. COMPLETE CONTRACT: This Contract, and amendments and supplements, constiwtes the entire a�reement between the
parties.
XX. OTHER PROVISIONS: None
IN WITNESS `NHEREOF, the parties have caused this Contract to be duly executed intending to be bound
AP�ROVED:
1. EncumUl ce Verification:
Signed:
Date:
A�nual Plan T number: 10703
2. GOVERNMENTALUNIT: �
GOVERNMENTAL iJNIT certifies that the
person(s) have executed the Contract on b
GOVERNMENTAL iTNIT as required _
articles, by-laws, resolucions, or ordina s.
�
Title
Date
Title: Special A�ent in Charge
Title
Date
3. STATE
BI Y� �
Date:
loint Poe'ms ASreemen[
✓io � �� s ro ��' ��
(DPS'41 h I& Gambi n¢ Enf )
4
Cx t og3
Attachment A(Pages 1 and 2)
FEDERAL AUDIT REQUIREMENTS
1. For subrecipients who are state (includes Indian tribes) or local governments
If the �rantee expends total direct and indirect federal assistance of:
*" Equal to or in excess of 5300,000 or more per year, the �rantee agrees to obtain a fi�ancial and compliance audit made in
accordancz �i�ith the Sin�le Audit Act of 1984 (Public Law 98-502) and the federal Office of Mana�ement and bud�et
(OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the �rantee
govemment or, at the option of the �rantee government, it may cover departments, a�encies or establishmenu that
received, expended, or otherwise administered federal fnancial assistance durin� the year. .
Audits shall be made annually unless the State or local �ovemment has, by January 1, 1987, a constitutional or statutory requirement
for less frequent audits. For those governments, the cognizant a�ency shall permit biennial audits, covering both years, if the
govemment so requests. It shall also honor requests for biennial audits by govemments that have an administrative policy callin� for
audits less frequent than annual, but only for fiscal years beginnin� before January l, 1987.
2. For subrecipients who are instiWtions of higher education, hospitals, or other nonprofit organizations
If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial
and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is
a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only
one pro�ram, 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. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public
accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Govemmental
Oraanizations Pro�rams, Activities, and Functions.
4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 as applicable.
The rzporting requirements for audit reports shall be in accordance with the American Institute of CeRified Public Accounts'
(AICPA) Statement on Auditin� Standards (SAS) 58, "RepoRs on Audited Fi�ancial Statements" or SAS 62, "Special Rzports," as
applicable.
The reportin� requirements for audit reports on compliance and intemal controls shall be in accordance with AICPA'S SAS 63,
"Compliance Auditin� Applicable to Govemmental Entities and Other Recipients of Governmental Finaacial Assistance" and
Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units."
In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report includin� a
plan for conective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective
action is not necessary a statement describin� the reason it is not should accompany the audit report.
5. The �rantee a�rees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated b} the grantor
shall have such access to grantee's records and financial statements as may be necessary for the �rantor to comply with the Si��le
Audit Act and OMB Circular A-133, as applicable.
]om� Powe�s Agreemm� (DPSIAI noI S Gambl rm Eal,
ol-�0�3
6. Grantees of federal financial assistance from subrecipients are also required to compl} «ith the Single Audit Act and the OMB
Circulaz A-133, as applicable.
The grantee a�rees to retain documentation to support the schedule of federal assistance.
8. Required audit reports must be filed with the Office of the State Auditor. Single Audit Di� ision and «ith the Dzpartment of Public
Safety, within 30 days after the completion of the audit, but no later than one } ear aftzr thz end of the audit period.
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
Recipients expending more than $300,000 in federal funds are to submit onz copy of the audic report «ithin 30 days afrer issuance to
the clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
12�1 East lOth Street
Jefferson, I�diana 47132
Attn: Single Audit Clearinghouse
lom� Po..ers Aneemxm +DPYa� h I& Gambi ne Enf )
6
S `: .
STA'TE OF �NESOTA U\^�OLS' �
�R�h�r'i' COOT'TRACT
This "�� contrac: is berNeen the S�te of _Vli:.nesota, ac:ing through its Commissioner of Public Safery, Alcohol &
Gambling Enforcement �ivision ("State") and the City of Szint Paul, Saint Paul Police Departrnent, address 100 East
11�'. Street, Saint Paui, Vlinresota ("Grantee").
Recitals
1. Under Vlinn. Stat. �Sinn. Stat. S 299A.01 subd 2(4) , the S2ate is empowered to enter into this grant contract.
2. The State is in need of reimburslizg local jurisdicnons for rhe:r par.iciparion in a federal �ant program to combat
underage drinldng.
_. The C'nantee represents that it is duly qualified and agrees to perform all services described in this �ant contract to
the sarisfaction ofthe State.
Grant Contract
1 Term of Grant CantracY
1.1 Effective date July Ol, 2001 or the date the State obtains all required signatures under Minnesota Statutes Section
36C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully execnted and the
Grantee has been notified by the State's Authorized Representative to begin the work.
12 Expiration date: May 31, 2002, or until all obligarions have been sarisfactorily fulfilled, whichever occurs fust.
13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8.
Liability; 9. State Audits; 10. Govemment Data Practices and Intellectual Froperry; 13. Publicity and
Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure.
2 Grantee'sDuties
The Grantee, who is not a state employee, will:
2.1 Conduct enforcement of underage drinking laws through undercover surveillance of retail liquor outlets and
monitor public places where underage consumption of alcohol is Imown to the law enforcement agency to take nlace.
22 Comply with Federal Audit Requirements, labeled Attachment A., which is attached and incorporated into this
grant contract.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant conh�act, rime is of the essence.
4 Consideration and Payment
4.1 Consideradon. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Cnmpensation. The Grantee will be reimbursed not more than $3,000.00 based on actual hours and rates of
Grantee's staff workinQ on this proeram.
(2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incuned by
the Grantee as a result of this grant contract will not exceed $0.00; provided that the Grantee will be reimbursed
for travel and subsistence expenses in the same manner and in no greater amount than provided in the current
"Commissioner' s Plan promulgated by the commissioner of Employee Relations. The Grantee will not be
reimbwsed for travel and subsistence expenses incurred outside Minnesota unless it has received the State=s
prior written approval for out of state travel. Minnesota will be considered the home state for determining
whether travel is out of state.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this a ant contract will not exceed Three Thousand and no/100 dollars. $3 000.00).
42.Payment
Grent (Rev. 12/00)
o � �v 3
(1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the �
services actually performed and the State's Authorized Representarive accepts the invoiced services.
Invoices must be submitted timely and according to the following schedule:
Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly, and within 30
days of the period covered by the invoice for work satisfactorily performed. Final invoice must be
received no later than May 31, 2002.
(2) Federal fuxds. (Where applicable, if blank this secrion does not apply) Payments under this grant contract
wiR be made from federal funds obtained by the State through Title 7uvenile 7ustice & Delinquency
Prevention CFDA number 16.541 of the Department of Jusrice Act of 1974 Sec. 261 262 (Public law 93-
415 . The Grantee is responsible for compliance with all federal requirements imposed on these funds and
accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with
federal requirements.
Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representative
The State's Authorized Representative is Frank Ball, Director, or his/her successor, and has the responsibility to
monitor the Grantee's performance and the authority to accept the services provided under this grant confract. If
the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment. -
The Grantee's Authorized Representative is William Finnev Chief of Police. If the Grantee's Authorized
Representative changes at any time during this grant contract, the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, execixted and approved by
the same parties who executed and approved this grant contract, or their successors in office.
72 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office.
73 Waiven If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7A Grant Contract Complete. This grant contract contains all negotiations and agreements berivezn the State
and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used
to bind either pariy.
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attomey' s fees incurred by the State, arising from the performance of this grant
contract by the Cnantee or the Grantee' s agents or employees. This clause will not be construed to bar any legal
remedies the Crrantee may have for the State's failure to fulfill its obligations under this grant contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee' s books, records, documents, and accounting procedures and
practices relevant to this grant contract are subject to examinarion by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
Grant (Rev.i2/00)
10 Governmeat Data Practices and �nte!lectual P: operty �` ��g �
10.1. Governmen[ Data P: acfices. The Crranree and State must comply with the Minnesota Govemment Data
P:acrices AcY, �iinn. Stat. Ch. li, as it applies to all data provided by the State under this gsant contract,
3nd as it applies to all data created, coilected, received, stored, use3, maintained, or disseminated by the
Grantee unde: this �rant contrac*. The civil remedies of?vlinn. SS: t. § 13.08 apply to the re?ease of zhe 3ata
refe: to in this clause by either the Grantee or the State.
�the Grantee receives a request io release the data referred to in �his Clause, the Grantee must
unmediately norify ?he State. The State will �ive the Grantee insaucrions concemmg the :elease of the
data to the requesting party before the data is released.
10?. Intelleetual Proper[y Riglets
The State shall own all rights, ride, and interest in all of the intellectual properry rights, 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), daYabases, computer programs, reports,
notes, studies, photographs, negarives, designs, rkawings, specifications, materials, tapes, and disks
conceived, reduced to pracrice, created or originated by the Grantee, its employees, agents, and
subconh�actors, either individually or j ointly with others in the performance of this grant contract. WORKS
shall include "DOCUMENTS." DOCUMENTS are the originals of any databases, computer programs,
reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or
other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, agents, or
subcontractors, in the performance of this grant contract. The DOCUMENTS shall be the exclusive property
of the State and all such DOCIJMENTS shall be remitted to the State by the Grantee upon completion or
cancellarion of this grant contract.' To the extent possible, those WORKS eligible for copyright protecrion
under the United States Copyright Act shall be deemed to be "works made for hire." The Grantee agrees to,
and hereby does, assign all right, title, and interest it may have in the WORKS and the DOCTJMENTS to the
State. The Crrantee shall, at the request of the State, execute all papers and perform all other acts necessary to
transfer or record the State's ownership interest in the WORKS and DOCiJMENTS.
12 dVorkers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers'
compensarion insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and
any claims made by any third party as a consequence of any act or omission on the part of these employees are in
no way the State' s obligarion or responsibility.
13 Publicity and Endorsement
13.1 Publicity. Any publiciry reguding the subject matter of this grant contract must idenrify the State as the
sponsoring agency and must not be released without prior written approval from the State' s Authorized
Representative. For purposes of this provision, publicity includes norices, informarional pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, �vith respect to the program, publications, or services provided
resulrino from this grant contract.
13.2 Endorsement. The Grantee must not claim that the State endarses its products or services.
14 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, govems this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
15 Termination
Grant (Rev.l2/00)
ot-�o�3
1�.1 Termi�:ation hy the State. The State may cancel this grant contract at any rime, with or without cause, upon
30 days' written notice to the C3rantee. tipon terminarion, rhe Grantee will be entitled to payment, determined
on a pro rata basis, for services sarisfactorily performed.
i6 Data Disclosure
L'nder l�Iinn. Stat. g 270.66, and othe: applicabie law, the Grantee consents to disclosure of its social secar_ty
number, fe3eral employer tae idenrificarion number, and/or l4innesota tax ideatincarion number, already
provided to the State, to federal and state ta� agencies and state personnel involved in the payment of state
obligarions. These +_dentificarion numbers may be used in the enforcement of federal and state tax laws which
could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
1. ST�TE E\CLIVIBRAIVCE VERIF'ICATION
� ndividual certifies ihatfunds have been encumbered as
reqZi e� by:Ninn. Stat 4 5 16A.15 and 16C.05.
Signed:
Date:
Grant contract No. __
2. GRANTEE \
The Grantee certifies that the appmpriate person(s)
have execu[ed the � ant convact on behalf of the Grantee as
required by applicable articles, bylaws, resolurions, or ordinances.
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
ih�"f jT> t� �fG V'} ✓iC.�
J
B _
Title:
Date:
By: _
Title:
Date:
Distribution: \
Agency
Grantee
State' s Authorized Representative
Copy
G2nt (Rev. 13/00)
4� 10�3
i=v$R?i. �iT�T'� v.{�L�?R:;�1��ITS
_. � cr saor�_:gieau sv�o ar� s:ate �inc?udes :ndi�n >ibes) or ?ocal goce;�menu
If the �antee zxpeads taral direct and ind'uect ;edz:al assistance oi:
�rt.^.c§meaY rl (Pages 1 a�d 3i
"x Eaual to or in e:cess of 5300,000 or merz per yeaz. :he =*antze a�rees to obtain a nnancial and compliance audit made
in zccozdance wich rhe Sinaie Audit �c± of !484 (Pualic Law 93-�02) and :he fede:al Office of Ylanasemeat and
budaet (OMB) Circvlar A-13�. T;ie law and circulaz provide that the audit shall cover the zntire operacions oP �e
�antee �ovemment or, at the oprion oi he �rantee government, it may cover departmenu, agencies or establishmenu
that received, expended, or othenvise administered federal financial assistance durin� the year.
Audiu sha11 be made annually unless the State or local �overnment has, by January i, 1987, a constitutional oc stacucory
requirement for less frequent audiu. For those �ovemments, the co�izant aeency shall permit bieanial audits, coverin� both
years, if the government so requests. It shall also honor requests for biennial audits by �ovemments that have an administrative
policy calling :or audits less frequent than annuat, but only for fiscal yeazs beginnin� before 7anuazy 1, 198'1�
2. i�or subrecnpients who are institutions of higher educaYion, hosQitals, or other nonprofit organizations
If the grantee expends total direct and indirect federal assistance of �300,000 or more per year, the �rantee agrees to obtain a
fmancial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization �vide
audit, uniess it is a coordinated audit in accordance with OMB C'sculu A-133. Aowever, when the �30o,000 or more was
zxpended under only one program, che subracipient may have an audit of that one program.
Audits shall usually be made annually, but not less frequently than every two years.
3. All audits shall be made by an independent auditor. An independent auditor is a state or local oovemment auditor or a public
accountant who meets the independence standards specified in the General Accountin� Office's Standards for Audit of
Govemmental Orsanizations, Proerams, Activicies. and Functions.
4. Audit repores shall state that the audit was performed in accordance with the provisions of OMB Circular A-li3 as applicable.
The reportin� requiremenu for audit reports sha11 be in accordance with the American Institute of Certified Public Accounts'
(AICPA) Statement on Auditing Standards (SAS) SS, "Reports on Audited Financial Statements" or SAS 62, "Special Aeports,"
as applicable. �
The reporting requirements for audit repons on compliance and intemal conuols shall be in accordance with AICPA'S SAS 63,
"Compliance Auditin� Applicable to Govemmental Entities and Other Recipients of Governmental Financial Assistance" and
Statement of Posirion (SOP) 39-6, "Auditors Rzpons in Audits of State and Local Governmental Units."
Tn addition to the audit report, the recipient shall provide comments on the imdings and recommendations in the report, including
a plan for correcrive action takzn or planned and commenu on the status of cosective action taken on prior fmdin�s. If
corrective acrion is not necessary a statzment describing the reason it is not should accompany che audit report.
5. The erantee agrees that che grantor, the Legislativz Auditor, c�'�e State Auditor, and any independent auditor designated by the
srantor shall have such access to �rantee's records and h'nancial statements as may be necessary for the grantor to comply with
the Single Audit Act and OMB Circular A-133, as applicable. .
6. Grantees of federal fmancial assistance from subrzcipients aze also required to comply with the Sinsle Audit Act and the OMB
CirculazA-133, as applicable.
The grantee a�rees to retain documentation co support rhe schedule of federal assistance.
� � O�-� 0�53
3. Rzquired audit repons mus: be Sied with ri�,e vifice cf he State Auditor, Sin�?e ,�udit �ivision and wivh �he Deparment oY
Paoiic Saferv, �.rchin �0 days after che comple:ion of :Iie audit but no':ater �hhan one � ear a8er he znd of the audic aeriod.
?'�e Deaartment oi Public Saferv`s audit report should'oe addressed to:
Niinnesora Deparunent of Fsbiic SaFe!y
Cffice of Fiscal and :ldministrazice Services
� Cadar S�t'eet
Suite 126, Town Squaze
St. Paul, YIN 55101-�126
9. Recipients expending more than �300,000 in federai funds aze to submit one copy of the audic report wichin 30 days afre:
issuancs to the clearinghouse at the following address:
Bureau ofthe Census
Data Prepazation Division
1201 East lOth Street
Jefferson, Indiana 47132
Atm: Sin�ie Audit Clearin�house