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01-1085Council File # Green Sheet # RESOLUTION Presented By: AIi�AINT PAUL, NIINNESOTA % or �ossS 113572 � � Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement, which includes an indemnification clause, with Wilder Foundation for project coordination of 3 Police Department issues at the Thomas/Dale weed and seed site. A copy of said agreement is to be 4 kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Benanav Reiter Adopted by Council: Date•. ��. 1--� a. � T Adoption Certified by Council Secretary: By: Appr By: POIICC By: (� � . Form A •oved by Ci A orney: By: Appro e y Mayor for Submission to Council: B ": vt �t--� W ilderThomas-Dale W eed&Seedcontract. cr.01 DEPARTMF�I�T/OFFICEICOUNpL DATE INITIATED �- 1 Piilice 9/26/Ol GREEN SHEET No. 113572 ` ON A TPERSON PHON INRInVD IN�T�AVDA7E WilliamFinney 292-3588 1 oevamaexroiaECr 4 couwa� d� � � L �CIiYATfORNEY� ` � ❑CT'CLERK ��t ❑FlNFNCLLLSEfN10ESU12_ ❑FlNANCIFLSERVIACRG �MAYOR(ORASS�STAM)�y �HUNMlPoGXTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN r�nues�o C� ��! I� D r�1 }i Si�atures requested on the attached councIl resolution authorizing the 5t. Paul Police Department to enter into the ttached agr nt, wluch includes an indemnification clause, with Wilder Foundation for project coordinarion of Police Deparhnent is��5 �at {�� the Thomas/Dale weed and seed site. C�TY � T �� RECOMMENDATION ApprovC (A) Ol RejeCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has ihis personffirtn ever worked under a contract for this departmenY? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/firtn ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3. Dces this persoNfirm possess a skill not rwrtnally possessed by arry cunerit c�ty employee? YES NO 4. Is this person/frm a Targeted vendor� YES NO Fxplain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WH`� Wilder Foundarion has funds available to reunbwse the Saint Paul Police Department for police services needed to increase police presence and shengthen police/community relarions at the Thomas/Dale weed and seed site. �� "�� , t $ i � 2��1 ADVANTAGESIFAPPROVED , Strengthened police/community relations in the Thoxnas/Dale azea. _' -" DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED Lost opportwuTy to partnership with WIlder Foundation to improve the quality of life in the Thomas/Dale azea. TOTAL AMOUNT OF TRANSACTION $ 13,000.00 COST/REVENUE 6UDGETED (CIRCLE ONE) YES FUNDING SOURCE WIIdB2 F011Tl(18hOII ACTIVITY NUMBER OOL-041O0 FINANCIAL INFORMATION EXPLAIN WilderThomas-DaleWeed&Seedcontractcr.gs.01 d�10�65 SUBCONTRACT THIS SUBCONTRACT is entered into this 1�` day of May, 2001, by and between Amherst H. Wilder Foundation (Wilder) and the St. Paul Police Department (Subcontractor). RECITALS A. Wilder, acting as the fiscal agent for Thomas/Dale Weed & Seed prograzn, shall enter into a Contract with the Subcontractor. B. The purpose of the Weed & Seed Contract, is to have Wilder enter into a Conttact with the Subcontractor to provide police overtime to the Thomas/Dale area. C. In.order to carry out its obligations under the Weed & Seed Contract, Wilder desires to engage the services of the Subcontractor, and the Subcontractor desires to provide such services pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein the parties hereby agree as follows: SECTION 1: Services A. During the term of this Subcontract, the Subcontractor agrees to provide project coordination of Police Department Issues, and any related services, above and beyond the regular scope of duty, to the Thomas/Dale Weed & Seed site, as recognized and defined in the grant awazded by the State of Minnesota. B. Such services shall include, but not limited to attendance at Steering Committee meetings, whenever possible, sufficient staff ancUor overtiine hours to increase Police presence, good faith efforts toward strengthened police/community relations, and works towazd improved community quality of life, as permitted by funds allowed. The Subcontractor shall consult with or report to the Weed & Seed Coordinator and/or members of the Steering Committee as needed to increase forward progress of the Weed & Seed strategy. SECTION 2: Payment and Reimbursement In exchange for the Services to be performed hereunder by the Subcontractor, Wilder shall pay the Subcontractor a maximum of $13,000.00 on a reimbursable basis. Such payments shall be accepted by the Subcontractor as payment in full for the Services. All payments are conditional upon compliance by the Subcontractor in accordance with Minn. Stat. *245.485 to *245.4888 and all other applicable laws, rules and standards. SECTTON 3: Books and Records The Subcontractor agrees to maintain books, records, documents and other evidence of this Subcontractor in the manner prescnbed from time to time by Wilder or the Weed & Seed program. The Subcontractor shall provide access to such books and records from time to time as reasonably requested by Wilder or the Weed & Seed program. o� �ofs5 SECTION 4: Terms The terms of the Subcontract shall be for the period May 1, 2001 to December 31, 2001 provided that either the Subcontractor Wilder may teinvnate this Contract upon thirty (30) days notice to the other pariy, and provided farther that this Subcontractor shall terminate immediately and without notice in the event the Weed & Seed Contract with Wilder is terxninated. SECTION 5: Representations and Warranties of the Subcontractor (a) Com�ance with Laws: Licensure. The Subcontractor agrees to comply with all federal, state, county and local laws, regulations, ordinances, rules and certifications as pertaining to the facilities, programs, and staff for which the Subcontractor is responsible during the term of this Contract. This will include, but not be limited to, current health, fire marshall and program licenses, zoning standards, staff certification requirements, and all other applicable laws, regulations, ordinances, rules, and certifications which aze effective or will become effective during the term of this Contract. Any failure of the Subcontractor to comply with the requirements of this pazagraph 5(a) shall constitute cause for cancellation of this Contract by Wilder. Not withstanding any other provision of tlus Contract, such cancellation may be effective, in the sole discretion of Wilder, as of the date of failure. (b) Com�liance with Contract. The Subcontractor agrees to comply with all of the provisions of the Weed & Seed Contract, including, without limitation, the provisions relating (1) to an annual certified audit contained in Section III.H, (ii) to statutory and organizational requirements contained in Section IV, and (iii) to equal employment upon family and civil rights contained in Section V. 5ECTION 6: Independent Contractor Status It is agreed that nothing contained in this Contact is intended ar should be construed as creating the relationship of co-partners, joint venturers, or an association with Wilder and the Subcontractor. The subcontractor is an independent contractor and neither it, its employees, agents nor representatives shall be considered employees, agents or representatives of Wilder. Except as otherwise provided herein, the Subcontractor shall maintain in all respects the personnel by which this Contract is performed. From any amounts due the Subcontractor, there will be no deductions for federal income tas or FICA payments, or for any state income ta�c, nor for any other purposes which are associated with any employer/employee relationship unless required by law. Payment of federal income t�, FICA payments and state income tax are the responsbility of the Subcontractor. SECTION �: Indemnification Except when caused by the negligence of Wilder the Subcontractor agrees to defend, indemnify, and hold harmless Wilder, its directors, officers, employees, and agents against any and all liabilities, losses, damages, costs, and e�cpenses, including attorney's fees, which Wilder any sustain, incur or be required to pay by reason of any act or omission of the Subcontractor, its agents, directors, officers, or employees during the perfonnance under this Contract. o� �o�sS SECTION 8: Confidentiality (a) The parties acknowledge that certain confidential information may be transmitted or disclosed by the parties to each other in connection with their perfo2mance under this Contract. For purposes of this Contract, "confidential information" includes financial information, patient records and accounts, trade secrets, and all other information designated by the Weed & Seed program, Wilder or the Subcontractor (and communicated to the other parties) as confidential. Generic latowledge or information publicly knowu that is generally employed by the trade shall not be deemed part of he confidential information. (b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, report, memorialize, publish, duplicate or otherwise disclose to any third party in any way whatsoever any confidential information without the written consent of the other party, which consent shall be exercised in the sole discretion of such party. The parties sha11 receive, maintain and sue the confidential information in the strictest of confidence and use best efforts to keep the confidential information strictly confidential and to preserve disclosure thereof. SECTION 9: Miscellaneous (a) AssiQnment. The rights, interests and obligations of the Subcontractor under the provisions of this Contract sha11 not be assignable without the prior written consent of Wilder. (b) Notices. Any notice or other communication required or pemiitted to be given or served upon any of the parties under this Contract sha11 be sufficiently delivered, given or served if delivered personally to such party as set forth below or at such other address as such party shall designate, by giving wntten notice to the other parties as follows: In case of notice to Wilder: Axnherst H. Wilder Foundation 919 Lafond Avenue St. Paul, MN 55104-2108 Attention: Thomas Kingston Incase of notice to the Subcontractor: St. Paul Police Department 100 East 11�` Street St. Paul, MN 55101 Attention: Amy Brown (c) Amendments. Any alteration, modification, waiver or amendment of the provisions of this contract shall be valid only when reduced to writing, as an amendment and signed by both parties. (d) No Waiver. Failure of either party hereto to enforce any term or provision of this Contract sha11 not be construed as a waiver of such term or provision or of the right to enforce such tenn or provision. (e) Entire A¢reement: Severabilitv. It is understood and agreed that the entire Contract of o� �o� the parties is contained herein and that this Contract supersedes all oral any previous Contracts of the parties presently in effect relation to the subject matter hereo£ The provision of this contract aze several. If any paragraph, section, subdivision, sentence, clause, or other provision of this Contract is, for any reason, held to be contrary to any law, rule or regutations, such decision shall not affect the remaining provisions of this Contract. ( fl Construction• Avplicable Law. This Contract shall be constructed under and govemed by the laws of the State of Minnesota (g) Counterparts. This Contract may be executed in several counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instniment. IN WITNESS WHEREOF, the parties have executed this Contract on the date first written. �� L� � City of St. Pau,l Its: -I-OC' S , � �^ ' n o� � J Chief of Police H. Wilder Foundation , , gyt � '`- � C � _ Its: President Thomas W. Kingston President Its: Assistant City AtYomey By / Its: Director, Office of� ' ancial Services -, : � , i - =- FFY00` SFY 0'i J Fund 300 UFARS Code Vendor Number 200253089-00 Type of Transaction Requisition Number 6000-290 Purchase Order certifies , '' o � � -� �o �� frS t1 Program Name: ��:`�3�0: �a.�a('L AMHERST H. WILDER FOUNDATION Accounting Code: 10000- ;� "� � Contract Amount: ��/�6,, OoC — pgency Orgn Appr ReptCatg �� am sa�o 610 I ws§S� n O — �L ��=��«/ Amount S 160,000.00 Date `/(' / d l Date unds have been enci Object 5G00 Enteted By Entered By as reauired bv M.S Contract Number 200021 �� THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the State of Minnesota, acting through its Department of Public Safety (STATE) and Amherst H. Wifder Foundation, 919 Lafond Avenue, St. Paul, MN, 55104; Soc. Sec. or MN Tax ID. No., 8339167 , Federal Employer ID. No., 41- 0693889 (if applicable) ,(herein after GRANTEE), witnesseth that: WNEREAS, the Department of Public Safety, Office of Drug Policy and Violence Prevention has been designated to administer funds available through the Federal Anti-drug Abuse Act of 1988, (Public Law 100-690) as amended, and the U.S. Department of Justice Office of Justice Programs, Title I., of the Omnibus Crime Controi and Safe Street Act of 1968, 42 U.S. C. 3701, ET. SEQ., as amended, to qualified applicants, and WHEREAS, the Department of Public Safety, Office of Drug Policy and Violence Prevention is the agency responsible for administration of funds available to the State of Minnesota under a Cooperative Agreement with the Executive Office of Weed and Seed, United State Department of Justice, and WHEREAS, GRANTEE represents that it is duly quafified and wi4ling to perform the ser�ices set forth herein, NOW, THEREFORE, it is agreed: GRANTEE'S DUTIES GRANTEE, who is not a state employee, shall perform the duties as stated in Attachment 1., which is hereby incorporated by reference and made a part of this grant contract. GRANTEE shall also perform these duties in compliance with the provisions stated in Clause 22., of this grant contra`ct. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed and goods or materials supplied by GRANTEE pursuant to this grant contract shall be paid by the STATE as follows. � 1. Compensation shall be consistent with the Program Line Item Budget, as stated in Attachment 2., which is hereby i�corporated by reference and made a part of the grant coniract. 2 Th 2. The GRANTEE will expend grant funds allocated for this pro�ect according to Attachment • e GRANTEE will submit a revised budget for any deviation of 10% or more between approved lines. The revised budget must be approved by the STATE before any expenditures can be made based on the revised budget. 3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE'S performance of this grant contract will be paid provided that the GRANTEE shali be reimbursed for travel and subsistence expenses in the same manner and in no greater amount ihan provided in the current "Commissioner's Plan" promulgated by the Commissioner of o� �o� Funding made available pursuant to this grent contract shall be used only for actual expense incurred in performing and accomplishin9 the purposes and activities described herein between the above eftective dates. No cost incurred prior to or after the end of tfie grant period will be compensated by the STATE. V: CANCELLATION A. Commencement of project. If the project is not operational within 60 days of the original start date of the grant period, the GRANTEE must report by let[er to the STATE the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days ot the original state date of the grani period, the GRANTEE must submit a second statement to the STATE explaining the implementation delay. B. This grant may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days notice to the other party. In the event of such a cancellation GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfiactorify performed. The STATE may cancel this grant contrect immediately if the STATE finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfiiled, the STATE may take action to protect ihe interests of the State of Minnesota, inciuding the rafusat to disburse additional funds and requiring the return of all or part of the funds already disbursed. VI. STATE'S AUTHORIZED AGENT The STATE'S Authorized Agent for the purposes of administration of this grant contract is Jeri Boisvert, Director or her successor in offiice. Such agent sha11 have finaf authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause 2, Section B., of this grant contract. VII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights ofi obligations under this grant contract without the prior written consent of the STATE. GRANTEE may subcontract to provide services as described in the GRANTEE duties (Attachment 1). It is understood, however, the GRANTEE remains solely responsible to the STATE for providing the products and services described. It is further understood that GRANTEE will seek prior approvai from the STATE in subcontracting for individuai consuiting servioes where the compensation exceeds a rate of 5450 for an eight hour day. VIII. AMENDMENTS Any material amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original or their successors in office. IX. LIABILITY To the extent permitted by law, GRANTEE agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of action, including at[orney's fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE'S agents or employees, and by the Steering Committee (see Clause 22}, its individual members and any subcontractors or subgrantees of GRANTEE or Steering Committee. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfitl its obligations pursuant to this grant contract. X. ACCOUNTING AUDIT AND RETENTION OF RECORDS A. GRANTEE will establish a total program costs account to deposit program funds in accordance with applicable federal regulations for P.L. 100-690. The account must be able to account for the Federal award amount, locai cash match and program income. Only allowable program expenses can be paid from this account in accordance with the Office of Management and Budget (OMB) Circular A-87, Cost Princip4es for State, Local and Tribal Governments; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-122, Cost Principles for Non-Profit Organizations; and OJP Financial Guide requirements. Fiscal records shall be retained for a period of six years following submission of the finai report. c'��--�og5 GRANTEE'S obligations under this grant contracY without the prior written consent of the STATE'S Authorized Agent. B. GRANTEE sepresents and warrants that MATERIALS produced or used under this grent contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought against the STA'TE to the extent that it is based on a c{aim thai all or part ot the MATER4AL5 infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including,, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shail not be exclusive to other remedies provided by law. XIV. PUBLICITY AND SOURCE OF FUNDING A. Any publicity given to the program, publications, or services provided resulting from this grant contract, ihcluding, but not limited to, notices, informationai pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually . or jointly with others, or any subcontractor shafl idencify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan inciuded in this grant contract prior to its approval by the STATE'S Authorized Agent. B. The GRANTEE agrees that any publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by ihe GRANTEE or by any subcontractor describing p'rograms or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by Award No. 1999-WS-QX-K001 awarded by the Executive Office for Weed and Seed, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in the publication/program/exhibition are those of the authorls) and do not necessarily reflect the views of the Office of Justice Programs and/or the State of Minnesota." XV. PftOMPT PAYMENT TO SUBCONTRACTORS (When appiicable) Prime contractors are required to pay subcontractors pursuant to Minn. Stat. § 16A.1245. XVI. WORKERS' COMPENSATiON GRANTEE certifies compliance with the workers' compensation insurance coverage requirement of Minn. Stat. § 176.181, Subd. 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVIIt. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shail be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereot, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIX. REPORTS 7he GRANTEE will advise the STATE concerning the project progress through the submission of reports as required by the STATE's authorized agent. 5 , - . o� �o�s. � and schedules. Failure to substantially comply with these elements are cause to discontinue grant � funding. 7 � : y o� �o�cS ATTACHMENTI PROJECT INFORMA'fION SHEET OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION Weed and Seed Program 4 enc with which contract is to be executed Le at Name Street — Cit — Zi Phone # FAX # Amherst H. Wilder 919 Lafond Ave 651-642-4000 651-659-2050 Foundation Saint Paul, MN 55104 n..�w,..:��.� n�:..a�t Name and Title r Street — Cit — Zi Phone # FAX # Thomas W. Kingston (Same as above) 651-642-4048 651-659-2050 President 3. Community Youth Development fferent from #1) Street — City — Zip 919 Lafond, Building C Saint Paul, MN 55104 4. Contact Person for Further Information Name and Title Street — Cit — Zi Sally Brown � 919 Lafond, Building C Director Saint Paul, MN 55104 Information G Th omas/Dale-Frogtown Funds Phone # 651-642-2096 651-642-4091 FAX # 651-659-fi003 FAX # 651-659-6003 Start: Jan. 1, 2001 End: Dec.31, 2001 MN Tax ID#: 8339167 Fed TaxiD#: 41-0693 � �l-IO�SS mereasmg resident mvolvement in community activities, especially activities that encourage mter- generational comiections and promoting youth and family accivities, inctud'mg job trammg. The section emphasizes strengthenmg existmg resources for pazents. It also identifies a strategy to educate the commlmity about fim�1y aad dating violence. . Neighborhood Restoration The first part of the neighborhood restoration strategy focuses on neighborhood beautification tluough coord'mated neighboihood ctean up events, which would offer oppommities for resdents to clean thea blocks together. The second major issue addressed'm this section is the difficuhy many azea property owaers face in obtainmg affordable resources m order to make necessary improvements. Tasks incYude identifymg properties in need of improvements and using vazious methods to solve the individualproblems of those property owners. The stcategy ideatifies tea�ts, owners, and�landlords all as important players in promoting heahhy community housmg options. Finatly, the section identifies some poss'ble sieps in contmumg to make University Avenue a friendiy and vibrant commercial corridor in the community. cS� tpts ATTACHMEI�T 2 FEDERAL WEED Af3D SEED PROGRAM BUDGET REQUEST Grantee: Amherst H. Wilder Foundation Budget Period: Jan 1 2001 through Dec 31.2001 Salary and Fringe (show annuai Line Item Detail fitem and Caiculat % of time Site: ThomaslDale-Fro town Coordinator 1 FTE (Weed and Seed coordination .82 F7E + fringes=$36,975) (Safe Haven Coordination .18 FTE + fringes=$8,000) Accountant ($20.00/hr x 250 hours =$5,000 + 28.5%fringes, 1,425= $6,425) TOT ces Item Detail Safe Haven (Activities provided by vendors, which will be determined by RFP process) " Saint Paul Police Department {Provided increased enforceme�t in targeted areas) Commun'rty Service Contract (Community Organizing Services provided by vendors. Vendors to be determined by RFP process) lnterpretation/Transfation Services . Lead Window Abatement (15 homes @ $1000 = $15,000 25 soil test Q $500 = $15,500) CPTED grants (crime prevention through environmentai design) (37 small grants Q $500.00 ea.) � • and Airfare (4 trips @- $500.00 ea.) Hotel (8 nights C� $100.00 ea.) Ground Travel (Taxi, Shuttle, etc.) Meals per diem ($35.00iday on out of state trips) Line and cab TOTAL ff and pi I -rn �� 0� budfor. $44,975 $6,425 $32,000 $10,000 $4,000 $500 $15,500 $18,500 etc. Amount $4,000 $1,600 $85� $1,050 Council File # Green Sheet # RESOLUTION Presented By: AIi�AINT PAUL, NIINNESOTA % or �ossS 113572 � � Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement, which includes an indemnification clause, with Wilder Foundation for project coordination of 3 Police Department issues at the Thomas/Dale weed and seed site. A copy of said agreement is to be 4 kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Benanav Reiter Adopted by Council: Date•. ��. 1--� a. � T Adoption Certified by Council Secretary: By: Appr By: POIICC By: (� � . Form A •oved by Ci A orney: By: Appro e y Mayor for Submission to Council: B ": vt �t--� W ilderThomas-Dale W eed&Seedcontract. cr.01 DEPARTMF�I�T/OFFICEICOUNpL DATE INITIATED �- 1 Piilice 9/26/Ol GREEN SHEET No. 113572 ` ON A TPERSON PHON INRInVD IN�T�AVDA7E WilliamFinney 292-3588 1 oevamaexroiaECr 4 couwa� d� � � L �CIiYATfORNEY� ` � ❑CT'CLERK ��t ❑FlNFNCLLLSEfN10ESU12_ ❑FlNANCIFLSERVIACRG �MAYOR(ORASS�STAM)�y �HUNMlPoGXTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN r�nues�o C� ��! I� D r�1 }i Si�atures requested on the attached councIl resolution authorizing the 5t. Paul Police Department to enter into the ttached agr nt, wluch includes an indemnification clause, with Wilder Foundation for project coordinarion of Police Deparhnent is��5 �at {�� the Thomas/Dale weed and seed site. C�TY � T �� RECOMMENDATION ApprovC (A) Ol RejeCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has ihis personffirtn ever worked under a contract for this departmenY? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/firtn ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3. Dces this persoNfirm possess a skill not rwrtnally possessed by arry cunerit c�ty employee? YES NO 4. Is this person/frm a Targeted vendor� YES NO Fxplain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WH`� Wilder Foundarion has funds available to reunbwse the Saint Paul Police Department for police services needed to increase police presence and shengthen police/community relarions at the Thomas/Dale weed and seed site. �� "�� , t $ i � 2��1 ADVANTAGESIFAPPROVED , Strengthened police/community relations in the Thoxnas/Dale azea. _' -" DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED Lost opportwuTy to partnership with WIlder Foundation to improve the quality of life in the Thomas/Dale azea. TOTAL AMOUNT OF TRANSACTION $ 13,000.00 COST/REVENUE 6UDGETED (CIRCLE ONE) YES FUNDING SOURCE WIIdB2 F011Tl(18hOII ACTIVITY NUMBER OOL-041O0 FINANCIAL INFORMATION EXPLAIN WilderThomas-DaleWeed&Seedcontractcr.gs.01 d�10�65 SUBCONTRACT THIS SUBCONTRACT is entered into this 1�` day of May, 2001, by and between Amherst H. Wilder Foundation (Wilder) and the St. Paul Police Department (Subcontractor). RECITALS A. Wilder, acting as the fiscal agent for Thomas/Dale Weed & Seed prograzn, shall enter into a Contract with the Subcontractor. B. The purpose of the Weed & Seed Contract, is to have Wilder enter into a Conttact with the Subcontractor to provide police overtime to the Thomas/Dale area. C. In.order to carry out its obligations under the Weed & Seed Contract, Wilder desires to engage the services of the Subcontractor, and the Subcontractor desires to provide such services pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein the parties hereby agree as follows: SECTION 1: Services A. During the term of this Subcontract, the Subcontractor agrees to provide project coordination of Police Department Issues, and any related services, above and beyond the regular scope of duty, to the Thomas/Dale Weed & Seed site, as recognized and defined in the grant awazded by the State of Minnesota. B. Such services shall include, but not limited to attendance at Steering Committee meetings, whenever possible, sufficient staff ancUor overtiine hours to increase Police presence, good faith efforts toward strengthened police/community relations, and works towazd improved community quality of life, as permitted by funds allowed. The Subcontractor shall consult with or report to the Weed & Seed Coordinator and/or members of the Steering Committee as needed to increase forward progress of the Weed & Seed strategy. SECTION 2: Payment and Reimbursement In exchange for the Services to be performed hereunder by the Subcontractor, Wilder shall pay the Subcontractor a maximum of $13,000.00 on a reimbursable basis. Such payments shall be accepted by the Subcontractor as payment in full for the Services. All payments are conditional upon compliance by the Subcontractor in accordance with Minn. Stat. *245.485 to *245.4888 and all other applicable laws, rules and standards. SECTTON 3: Books and Records The Subcontractor agrees to maintain books, records, documents and other evidence of this Subcontractor in the manner prescnbed from time to time by Wilder or the Weed & Seed program. The Subcontractor shall provide access to such books and records from time to time as reasonably requested by Wilder or the Weed & Seed program. o� �ofs5 SECTION 4: Terms The terms of the Subcontract shall be for the period May 1, 2001 to December 31, 2001 provided that either the Subcontractor Wilder may teinvnate this Contract upon thirty (30) days notice to the other pariy, and provided farther that this Subcontractor shall terminate immediately and without notice in the event the Weed & Seed Contract with Wilder is terxninated. SECTION 5: Representations and Warranties of the Subcontractor (a) Com�ance with Laws: Licensure. The Subcontractor agrees to comply with all federal, state, county and local laws, regulations, ordinances, rules and certifications as pertaining to the facilities, programs, and staff for which the Subcontractor is responsible during the term of this Contract. This will include, but not be limited to, current health, fire marshall and program licenses, zoning standards, staff certification requirements, and all other applicable laws, regulations, ordinances, rules, and certifications which aze effective or will become effective during the term of this Contract. Any failure of the Subcontractor to comply with the requirements of this pazagraph 5(a) shall constitute cause for cancellation of this Contract by Wilder. Not withstanding any other provision of tlus Contract, such cancellation may be effective, in the sole discretion of Wilder, as of the date of failure. (b) Com�liance with Contract. The Subcontractor agrees to comply with all of the provisions of the Weed & Seed Contract, including, without limitation, the provisions relating (1) to an annual certified audit contained in Section III.H, (ii) to statutory and organizational requirements contained in Section IV, and (iii) to equal employment upon family and civil rights contained in Section V. 5ECTION 6: Independent Contractor Status It is agreed that nothing contained in this Contact is intended ar should be construed as creating the relationship of co-partners, joint venturers, or an association with Wilder and the Subcontractor. The subcontractor is an independent contractor and neither it, its employees, agents nor representatives shall be considered employees, agents or representatives of Wilder. Except as otherwise provided herein, the Subcontractor shall maintain in all respects the personnel by which this Contract is performed. From any amounts due the Subcontractor, there will be no deductions for federal income tas or FICA payments, or for any state income ta�c, nor for any other purposes which are associated with any employer/employee relationship unless required by law. Payment of federal income t�, FICA payments and state income tax are the responsbility of the Subcontractor. SECTION �: Indemnification Except when caused by the negligence of Wilder the Subcontractor agrees to defend, indemnify, and hold harmless Wilder, its directors, officers, employees, and agents against any and all liabilities, losses, damages, costs, and e�cpenses, including attorney's fees, which Wilder any sustain, incur or be required to pay by reason of any act or omission of the Subcontractor, its agents, directors, officers, or employees during the perfonnance under this Contract. o� �o�sS SECTION 8: Confidentiality (a) The parties acknowledge that certain confidential information may be transmitted or disclosed by the parties to each other in connection with their perfo2mance under this Contract. For purposes of this Contract, "confidential information" includes financial information, patient records and accounts, trade secrets, and all other information designated by the Weed & Seed program, Wilder or the Subcontractor (and communicated to the other parties) as confidential. Generic latowledge or information publicly knowu that is generally employed by the trade shall not be deemed part of he confidential information. (b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, report, memorialize, publish, duplicate or otherwise disclose to any third party in any way whatsoever any confidential information without the written consent of the other party, which consent shall be exercised in the sole discretion of such party. The parties sha11 receive, maintain and sue the confidential information in the strictest of confidence and use best efforts to keep the confidential information strictly confidential and to preserve disclosure thereof. SECTION 9: Miscellaneous (a) AssiQnment. The rights, interests and obligations of the Subcontractor under the provisions of this Contract sha11 not be assignable without the prior written consent of Wilder. (b) Notices. Any notice or other communication required or pemiitted to be given or served upon any of the parties under this Contract sha11 be sufficiently delivered, given or served if delivered personally to such party as set forth below or at such other address as such party shall designate, by giving wntten notice to the other parties as follows: In case of notice to Wilder: Axnherst H. Wilder Foundation 919 Lafond Avenue St. Paul, MN 55104-2108 Attention: Thomas Kingston Incase of notice to the Subcontractor: St. Paul Police Department 100 East 11�` Street St. Paul, MN 55101 Attention: Amy Brown (c) Amendments. Any alteration, modification, waiver or amendment of the provisions of this contract shall be valid only when reduced to writing, as an amendment and signed by both parties. (d) No Waiver. Failure of either party hereto to enforce any term or provision of this Contract sha11 not be construed as a waiver of such term or provision or of the right to enforce such tenn or provision. (e) Entire A¢reement: Severabilitv. It is understood and agreed that the entire Contract of o� �o� the parties is contained herein and that this Contract supersedes all oral any previous Contracts of the parties presently in effect relation to the subject matter hereo£ The provision of this contract aze several. If any paragraph, section, subdivision, sentence, clause, or other provision of this Contract is, for any reason, held to be contrary to any law, rule or regutations, such decision shall not affect the remaining provisions of this Contract. ( fl Construction• Avplicable Law. This Contract shall be constructed under and govemed by the laws of the State of Minnesota (g) Counterparts. This Contract may be executed in several counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instniment. IN WITNESS WHEREOF, the parties have executed this Contract on the date first written. �� L� � City of St. Pau,l Its: -I-OC' S , � �^ ' n o� � J Chief of Police H. Wilder Foundation , , gyt � '`- � C � _ Its: President Thomas W. Kingston President Its: Assistant City AtYomey By / Its: Director, Office of� ' ancial Services -, : � , i - =- FFY00` SFY 0'i J Fund 300 UFARS Code Vendor Number 200253089-00 Type of Transaction Requisition Number 6000-290 Purchase Order certifies , '' o � � -� �o �� frS t1 Program Name: ��:`�3�0: �a.�a('L AMHERST H. WILDER FOUNDATION Accounting Code: 10000- ;� "� � Contract Amount: ��/�6,, OoC — pgency Orgn Appr ReptCatg �� am sa�o 610 I ws§S� n O — �L ��=��«/ Amount S 160,000.00 Date `/(' / d l Date unds have been enci Object 5G00 Enteted By Entered By as reauired bv M.S Contract Number 200021 �� THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the State of Minnesota, acting through its Department of Public Safety (STATE) and Amherst H. Wifder Foundation, 919 Lafond Avenue, St. Paul, MN, 55104; Soc. Sec. or MN Tax ID. No., 8339167 , Federal Employer ID. No., 41- 0693889 (if applicable) ,(herein after GRANTEE), witnesseth that: WNEREAS, the Department of Public Safety, Office of Drug Policy and Violence Prevention has been designated to administer funds available through the Federal Anti-drug Abuse Act of 1988, (Public Law 100-690) as amended, and the U.S. Department of Justice Office of Justice Programs, Title I., of the Omnibus Crime Controi and Safe Street Act of 1968, 42 U.S. C. 3701, ET. SEQ., as amended, to qualified applicants, and WHEREAS, the Department of Public Safety, Office of Drug Policy and Violence Prevention is the agency responsible for administration of funds available to the State of Minnesota under a Cooperative Agreement with the Executive Office of Weed and Seed, United State Department of Justice, and WHEREAS, GRANTEE represents that it is duly quafified and wi4ling to perform the ser�ices set forth herein, NOW, THEREFORE, it is agreed: GRANTEE'S DUTIES GRANTEE, who is not a state employee, shall perform the duties as stated in Attachment 1., which is hereby incorporated by reference and made a part of this grant contract. GRANTEE shall also perform these duties in compliance with the provisions stated in Clause 22., of this grant contra`ct. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed and goods or materials supplied by GRANTEE pursuant to this grant contract shall be paid by the STATE as follows. � 1. Compensation shall be consistent with the Program Line Item Budget, as stated in Attachment 2., which is hereby i�corporated by reference and made a part of the grant coniract. 2 Th 2. The GRANTEE will expend grant funds allocated for this pro�ect according to Attachment • e GRANTEE will submit a revised budget for any deviation of 10% or more between approved lines. The revised budget must be approved by the STATE before any expenditures can be made based on the revised budget. 3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE'S performance of this grant contract will be paid provided that the GRANTEE shali be reimbursed for travel and subsistence expenses in the same manner and in no greater amount ihan provided in the current "Commissioner's Plan" promulgated by the Commissioner of o� �o� Funding made available pursuant to this grent contract shall be used only for actual expense incurred in performing and accomplishin9 the purposes and activities described herein between the above eftective dates. No cost incurred prior to or after the end of tfie grant period will be compensated by the STATE. V: CANCELLATION A. Commencement of project. If the project is not operational within 60 days of the original start date of the grant period, the GRANTEE must report by let[er to the STATE the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days ot the original state date of the grani period, the GRANTEE must submit a second statement to the STATE explaining the implementation delay. B. This grant may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days notice to the other party. In the event of such a cancellation GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfiactorify performed. The STATE may cancel this grant contrect immediately if the STATE finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfiiled, the STATE may take action to protect ihe interests of the State of Minnesota, inciuding the rafusat to disburse additional funds and requiring the return of all or part of the funds already disbursed. VI. STATE'S AUTHORIZED AGENT The STATE'S Authorized Agent for the purposes of administration of this grant contract is Jeri Boisvert, Director or her successor in offiice. Such agent sha11 have finaf authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause 2, Section B., of this grant contract. VII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights ofi obligations under this grant contract without the prior written consent of the STATE. GRANTEE may subcontract to provide services as described in the GRANTEE duties (Attachment 1). It is understood, however, the GRANTEE remains solely responsible to the STATE for providing the products and services described. It is further understood that GRANTEE will seek prior approvai from the STATE in subcontracting for individuai consuiting servioes where the compensation exceeds a rate of 5450 for an eight hour day. VIII. AMENDMENTS Any material amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original or their successors in office. IX. LIABILITY To the extent permitted by law, GRANTEE agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of action, including at[orney's fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE'S agents or employees, and by the Steering Committee (see Clause 22}, its individual members and any subcontractors or subgrantees of GRANTEE or Steering Committee. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfitl its obligations pursuant to this grant contract. X. ACCOUNTING AUDIT AND RETENTION OF RECORDS A. GRANTEE will establish a total program costs account to deposit program funds in accordance with applicable federal regulations for P.L. 100-690. The account must be able to account for the Federal award amount, locai cash match and program income. Only allowable program expenses can be paid from this account in accordance with the Office of Management and Budget (OMB) Circular A-87, Cost Princip4es for State, Local and Tribal Governments; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-122, Cost Principles for Non-Profit Organizations; and OJP Financial Guide requirements. Fiscal records shall be retained for a period of six years following submission of the finai report. c'��--�og5 GRANTEE'S obligations under this grant contracY without the prior written consent of the STATE'S Authorized Agent. B. GRANTEE sepresents and warrants that MATERIALS produced or used under this grent contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought against the STA'TE to the extent that it is based on a c{aim thai all or part ot the MATER4AL5 infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including,, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shail not be exclusive to other remedies provided by law. XIV. PUBLICITY AND SOURCE OF FUNDING A. Any publicity given to the program, publications, or services provided resulting from this grant contract, ihcluding, but not limited to, notices, informationai pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually . or jointly with others, or any subcontractor shafl idencify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan inciuded in this grant contract prior to its approval by the STATE'S Authorized Agent. B. The GRANTEE agrees that any publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by ihe GRANTEE or by any subcontractor describing p'rograms or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by Award No. 1999-WS-QX-K001 awarded by the Executive Office for Weed and Seed, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in the publication/program/exhibition are those of the authorls) and do not necessarily reflect the views of the Office of Justice Programs and/or the State of Minnesota." XV. PftOMPT PAYMENT TO SUBCONTRACTORS (When appiicable) Prime contractors are required to pay subcontractors pursuant to Minn. Stat. § 16A.1245. XVI. WORKERS' COMPENSATiON GRANTEE certifies compliance with the workers' compensation insurance coverage requirement of Minn. Stat. § 176.181, Subd. 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVIIt. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shail be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereot, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIX. REPORTS 7he GRANTEE will advise the STATE concerning the project progress through the submission of reports as required by the STATE's authorized agent. 5 , - . o� �o�s. � and schedules. Failure to substantially comply with these elements are cause to discontinue grant � funding. 7 � : y o� �o�cS ATTACHMENTI PROJECT INFORMA'fION SHEET OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION Weed and Seed Program 4 enc with which contract is to be executed Le at Name Street — Cit — Zi Phone # FAX # Amherst H. Wilder 919 Lafond Ave 651-642-4000 651-659-2050 Foundation Saint Paul, MN 55104 n..�w,..:��.� n�:..a�t Name and Title r Street — Cit — Zi Phone # FAX # Thomas W. Kingston (Same as above) 651-642-4048 651-659-2050 President 3. Community Youth Development fferent from #1) Street — City — Zip 919 Lafond, Building C Saint Paul, MN 55104 4. Contact Person for Further Information Name and Title Street — Cit — Zi Sally Brown � 919 Lafond, Building C Director Saint Paul, MN 55104 Information G Th omas/Dale-Frogtown Funds Phone # 651-642-2096 651-642-4091 FAX # 651-659-fi003 FAX # 651-659-6003 Start: Jan. 1, 2001 End: Dec.31, 2001 MN Tax ID#: 8339167 Fed TaxiD#: 41-0693 � �l-IO�SS mereasmg resident mvolvement in community activities, especially activities that encourage mter- generational comiections and promoting youth and family accivities, inctud'mg job trammg. The section emphasizes strengthenmg existmg resources for pazents. It also identifies a strategy to educate the commlmity about fim�1y aad dating violence. . Neighborhood Restoration The first part of the neighborhood restoration strategy focuses on neighborhood beautification tluough coord'mated neighboihood ctean up events, which would offer oppommities for resdents to clean thea blocks together. The second major issue addressed'm this section is the difficuhy many azea property owaers face in obtainmg affordable resources m order to make necessary improvements. Tasks incYude identifymg properties in need of improvements and using vazious methods to solve the individualproblems of those property owners. The stcategy ideatifies tea�ts, owners, and�landlords all as important players in promoting heahhy community housmg options. Finatly, the section identifies some poss'ble sieps in contmumg to make University Avenue a friendiy and vibrant commercial corridor in the community. cS� tpts ATTACHMEI�T 2 FEDERAL WEED Af3D SEED PROGRAM BUDGET REQUEST Grantee: Amherst H. Wilder Foundation Budget Period: Jan 1 2001 through Dec 31.2001 Salary and Fringe (show annuai Line Item Detail fitem and Caiculat % of time Site: ThomaslDale-Fro town Coordinator 1 FTE (Weed and Seed coordination .82 F7E + fringes=$36,975) (Safe Haven Coordination .18 FTE + fringes=$8,000) Accountant ($20.00/hr x 250 hours =$5,000 + 28.5%fringes, 1,425= $6,425) TOT ces Item Detail Safe Haven (Activities provided by vendors, which will be determined by RFP process) " Saint Paul Police Department {Provided increased enforceme�t in targeted areas) Commun'rty Service Contract (Community Organizing Services provided by vendors. Vendors to be determined by RFP process) lnterpretation/Transfation Services . Lead Window Abatement (15 homes @ $1000 = $15,000 25 soil test Q $500 = $15,500) CPTED grants (crime prevention through environmentai design) (37 small grants Q $500.00 ea.) � • and Airfare (4 trips @- $500.00 ea.) Hotel (8 nights C� $100.00 ea.) Ground Travel (Taxi, Shuttle, etc.) Meals per diem ($35.00iday on out of state trips) Line and cab TOTAL ff and pi I -rn �� 0� budfor. $44,975 $6,425 $32,000 $10,000 $4,000 $500 $15,500 $18,500 etc. Amount $4,000 $1,600 $85� $1,050 Council File # Green Sheet # RESOLUTION Presented By: AIi�AINT PAUL, NIINNESOTA % or �ossS 113572 � � Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement, which includes an indemnification clause, with Wilder Foundation for project coordination of 3 Police Department issues at the Thomas/Dale weed and seed site. A copy of said agreement is to be 4 kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Benanav Reiter Adopted by Council: Date•. ��. 1--� a. � T Adoption Certified by Council Secretary: By: Appr By: POIICC By: (� � . Form A •oved by Ci A orney: By: Appro e y Mayor for Submission to Council: B ": vt �t--� W ilderThomas-Dale W eed&Seedcontract. cr.01 DEPARTMF�I�T/OFFICEICOUNpL DATE INITIATED �- 1 Piilice 9/26/Ol GREEN SHEET No. 113572 ` ON A TPERSON PHON INRInVD IN�T�AVDA7E WilliamFinney 292-3588 1 oevamaexroiaECr 4 couwa� d� � � L �CIiYATfORNEY� ` � ❑CT'CLERK ��t ❑FlNFNCLLLSEfN10ESU12_ ❑FlNANCIFLSERVIACRG �MAYOR(ORASS�STAM)�y �HUNMlPoGXTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN r�nues�o C� ��! I� D r�1 }i Si�atures requested on the attached councIl resolution authorizing the 5t. Paul Police Department to enter into the ttached agr nt, wluch includes an indemnification clause, with Wilder Foundation for project coordinarion of Police Deparhnent is��5 �at {�� the Thomas/Dale weed and seed site. C�TY � T �� RECOMMENDATION ApprovC (A) Ol RejeCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has ihis personffirtn ever worked under a contract for this departmenY? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/firtn ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3. Dces this persoNfirm possess a skill not rwrtnally possessed by arry cunerit c�ty employee? YES NO 4. Is this person/frm a Targeted vendor� YES NO Fxplain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WH`� Wilder Foundarion has funds available to reunbwse the Saint Paul Police Department for police services needed to increase police presence and shengthen police/community relarions at the Thomas/Dale weed and seed site. �� "�� , t $ i � 2��1 ADVANTAGESIFAPPROVED , Strengthened police/community relations in the Thoxnas/Dale azea. _' -" DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED Lost opportwuTy to partnership with WIlder Foundation to improve the quality of life in the Thomas/Dale azea. TOTAL AMOUNT OF TRANSACTION $ 13,000.00 COST/REVENUE 6UDGETED (CIRCLE ONE) YES FUNDING SOURCE WIIdB2 F011Tl(18hOII ACTIVITY NUMBER OOL-041O0 FINANCIAL INFORMATION EXPLAIN WilderThomas-DaleWeed&Seedcontractcr.gs.01 d�10�65 SUBCONTRACT THIS SUBCONTRACT is entered into this 1�` day of May, 2001, by and between Amherst H. Wilder Foundation (Wilder) and the St. Paul Police Department (Subcontractor). RECITALS A. Wilder, acting as the fiscal agent for Thomas/Dale Weed & Seed prograzn, shall enter into a Contract with the Subcontractor. B. The purpose of the Weed & Seed Contract, is to have Wilder enter into a Conttact with the Subcontractor to provide police overtime to the Thomas/Dale area. C. In.order to carry out its obligations under the Weed & Seed Contract, Wilder desires to engage the services of the Subcontractor, and the Subcontractor desires to provide such services pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein the parties hereby agree as follows: SECTION 1: Services A. During the term of this Subcontract, the Subcontractor agrees to provide project coordination of Police Department Issues, and any related services, above and beyond the regular scope of duty, to the Thomas/Dale Weed & Seed site, as recognized and defined in the grant awazded by the State of Minnesota. B. Such services shall include, but not limited to attendance at Steering Committee meetings, whenever possible, sufficient staff ancUor overtiine hours to increase Police presence, good faith efforts toward strengthened police/community relations, and works towazd improved community quality of life, as permitted by funds allowed. The Subcontractor shall consult with or report to the Weed & Seed Coordinator and/or members of the Steering Committee as needed to increase forward progress of the Weed & Seed strategy. SECTION 2: Payment and Reimbursement In exchange for the Services to be performed hereunder by the Subcontractor, Wilder shall pay the Subcontractor a maximum of $13,000.00 on a reimbursable basis. Such payments shall be accepted by the Subcontractor as payment in full for the Services. All payments are conditional upon compliance by the Subcontractor in accordance with Minn. Stat. *245.485 to *245.4888 and all other applicable laws, rules and standards. SECTTON 3: Books and Records The Subcontractor agrees to maintain books, records, documents and other evidence of this Subcontractor in the manner prescnbed from time to time by Wilder or the Weed & Seed program. The Subcontractor shall provide access to such books and records from time to time as reasonably requested by Wilder or the Weed & Seed program. o� �ofs5 SECTION 4: Terms The terms of the Subcontract shall be for the period May 1, 2001 to December 31, 2001 provided that either the Subcontractor Wilder may teinvnate this Contract upon thirty (30) days notice to the other pariy, and provided farther that this Subcontractor shall terminate immediately and without notice in the event the Weed & Seed Contract with Wilder is terxninated. SECTION 5: Representations and Warranties of the Subcontractor (a) Com�ance with Laws: Licensure. The Subcontractor agrees to comply with all federal, state, county and local laws, regulations, ordinances, rules and certifications as pertaining to the facilities, programs, and staff for which the Subcontractor is responsible during the term of this Contract. This will include, but not be limited to, current health, fire marshall and program licenses, zoning standards, staff certification requirements, and all other applicable laws, regulations, ordinances, rules, and certifications which aze effective or will become effective during the term of this Contract. Any failure of the Subcontractor to comply with the requirements of this pazagraph 5(a) shall constitute cause for cancellation of this Contract by Wilder. Not withstanding any other provision of tlus Contract, such cancellation may be effective, in the sole discretion of Wilder, as of the date of failure. (b) Com�liance with Contract. The Subcontractor agrees to comply with all of the provisions of the Weed & Seed Contract, including, without limitation, the provisions relating (1) to an annual certified audit contained in Section III.H, (ii) to statutory and organizational requirements contained in Section IV, and (iii) to equal employment upon family and civil rights contained in Section V. 5ECTION 6: Independent Contractor Status It is agreed that nothing contained in this Contact is intended ar should be construed as creating the relationship of co-partners, joint venturers, or an association with Wilder and the Subcontractor. The subcontractor is an independent contractor and neither it, its employees, agents nor representatives shall be considered employees, agents or representatives of Wilder. Except as otherwise provided herein, the Subcontractor shall maintain in all respects the personnel by which this Contract is performed. From any amounts due the Subcontractor, there will be no deductions for federal income tas or FICA payments, or for any state income ta�c, nor for any other purposes which are associated with any employer/employee relationship unless required by law. Payment of federal income t�, FICA payments and state income tax are the responsbility of the Subcontractor. SECTION �: Indemnification Except when caused by the negligence of Wilder the Subcontractor agrees to defend, indemnify, and hold harmless Wilder, its directors, officers, employees, and agents against any and all liabilities, losses, damages, costs, and e�cpenses, including attorney's fees, which Wilder any sustain, incur or be required to pay by reason of any act or omission of the Subcontractor, its agents, directors, officers, or employees during the perfonnance under this Contract. o� �o�sS SECTION 8: Confidentiality (a) The parties acknowledge that certain confidential information may be transmitted or disclosed by the parties to each other in connection with their perfo2mance under this Contract. For purposes of this Contract, "confidential information" includes financial information, patient records and accounts, trade secrets, and all other information designated by the Weed & Seed program, Wilder or the Subcontractor (and communicated to the other parties) as confidential. Generic latowledge or information publicly knowu that is generally employed by the trade shall not be deemed part of he confidential information. (b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, report, memorialize, publish, duplicate or otherwise disclose to any third party in any way whatsoever any confidential information without the written consent of the other party, which consent shall be exercised in the sole discretion of such party. The parties sha11 receive, maintain and sue the confidential information in the strictest of confidence and use best efforts to keep the confidential information strictly confidential and to preserve disclosure thereof. SECTION 9: Miscellaneous (a) AssiQnment. The rights, interests and obligations of the Subcontractor under the provisions of this Contract sha11 not be assignable without the prior written consent of Wilder. (b) Notices. Any notice or other communication required or pemiitted to be given or served upon any of the parties under this Contract sha11 be sufficiently delivered, given or served if delivered personally to such party as set forth below or at such other address as such party shall designate, by giving wntten notice to the other parties as follows: In case of notice to Wilder: Axnherst H. Wilder Foundation 919 Lafond Avenue St. Paul, MN 55104-2108 Attention: Thomas Kingston Incase of notice to the Subcontractor: St. Paul Police Department 100 East 11�` Street St. Paul, MN 55101 Attention: Amy Brown (c) Amendments. Any alteration, modification, waiver or amendment of the provisions of this contract shall be valid only when reduced to writing, as an amendment and signed by both parties. (d) No Waiver. Failure of either party hereto to enforce any term or provision of this Contract sha11 not be construed as a waiver of such term or provision or of the right to enforce such tenn or provision. (e) Entire A¢reement: Severabilitv. It is understood and agreed that the entire Contract of o� �o� the parties is contained herein and that this Contract supersedes all oral any previous Contracts of the parties presently in effect relation to the subject matter hereo£ The provision of this contract aze several. If any paragraph, section, subdivision, sentence, clause, or other provision of this Contract is, for any reason, held to be contrary to any law, rule or regutations, such decision shall not affect the remaining provisions of this Contract. ( fl Construction• Avplicable Law. This Contract shall be constructed under and govemed by the laws of the State of Minnesota (g) Counterparts. This Contract may be executed in several counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instniment. IN WITNESS WHEREOF, the parties have executed this Contract on the date first written. �� L� � City of St. Pau,l Its: -I-OC' S , � �^ ' n o� � J Chief of Police H. Wilder Foundation , , gyt � '`- � C � _ Its: President Thomas W. Kingston President Its: Assistant City AtYomey By / Its: Director, Office of� ' ancial Services -, : � , i - =- FFY00` SFY 0'i J Fund 300 UFARS Code Vendor Number 200253089-00 Type of Transaction Requisition Number 6000-290 Purchase Order certifies , '' o � � -� �o �� frS t1 Program Name: ��:`�3�0: �a.�a('L AMHERST H. WILDER FOUNDATION Accounting Code: 10000- ;� "� � Contract Amount: ��/�6,, OoC — pgency Orgn Appr ReptCatg �� am sa�o 610 I ws§S� n O — �L ��=��«/ Amount S 160,000.00 Date `/(' / d l Date unds have been enci Object 5G00 Enteted By Entered By as reauired bv M.S Contract Number 200021 �� THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the State of Minnesota, acting through its Department of Public Safety (STATE) and Amherst H. Wifder Foundation, 919 Lafond Avenue, St. Paul, MN, 55104; Soc. Sec. or MN Tax ID. No., 8339167 , Federal Employer ID. No., 41- 0693889 (if applicable) ,(herein after GRANTEE), witnesseth that: WNEREAS, the Department of Public Safety, Office of Drug Policy and Violence Prevention has been designated to administer funds available through the Federal Anti-drug Abuse Act of 1988, (Public Law 100-690) as amended, and the U.S. Department of Justice Office of Justice Programs, Title I., of the Omnibus Crime Controi and Safe Street Act of 1968, 42 U.S. C. 3701, ET. SEQ., as amended, to qualified applicants, and WHEREAS, the Department of Public Safety, Office of Drug Policy and Violence Prevention is the agency responsible for administration of funds available to the State of Minnesota under a Cooperative Agreement with the Executive Office of Weed and Seed, United State Department of Justice, and WHEREAS, GRANTEE represents that it is duly quafified and wi4ling to perform the ser�ices set forth herein, NOW, THEREFORE, it is agreed: GRANTEE'S DUTIES GRANTEE, who is not a state employee, shall perform the duties as stated in Attachment 1., which is hereby incorporated by reference and made a part of this grant contract. GRANTEE shall also perform these duties in compliance with the provisions stated in Clause 22., of this grant contra`ct. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed and goods or materials supplied by GRANTEE pursuant to this grant contract shall be paid by the STATE as follows. � 1. Compensation shall be consistent with the Program Line Item Budget, as stated in Attachment 2., which is hereby i�corporated by reference and made a part of the grant coniract. 2 Th 2. The GRANTEE will expend grant funds allocated for this pro�ect according to Attachment • e GRANTEE will submit a revised budget for any deviation of 10% or more between approved lines. The revised budget must be approved by the STATE before any expenditures can be made based on the revised budget. 3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE'S performance of this grant contract will be paid provided that the GRANTEE shali be reimbursed for travel and subsistence expenses in the same manner and in no greater amount ihan provided in the current "Commissioner's Plan" promulgated by the Commissioner of o� �o� Funding made available pursuant to this grent contract shall be used only for actual expense incurred in performing and accomplishin9 the purposes and activities described herein between the above eftective dates. No cost incurred prior to or after the end of tfie grant period will be compensated by the STATE. V: CANCELLATION A. Commencement of project. If the project is not operational within 60 days of the original start date of the grant period, the GRANTEE must report by let[er to the STATE the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days ot the original state date of the grani period, the GRANTEE must submit a second statement to the STATE explaining the implementation delay. B. This grant may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days notice to the other party. In the event of such a cancellation GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfiactorify performed. The STATE may cancel this grant contrect immediately if the STATE finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfiiled, the STATE may take action to protect ihe interests of the State of Minnesota, inciuding the rafusat to disburse additional funds and requiring the return of all or part of the funds already disbursed. VI. STATE'S AUTHORIZED AGENT The STATE'S Authorized Agent for the purposes of administration of this grant contract is Jeri Boisvert, Director or her successor in offiice. Such agent sha11 have finaf authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause 2, Section B., of this grant contract. VII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights ofi obligations under this grant contract without the prior written consent of the STATE. GRANTEE may subcontract to provide services as described in the GRANTEE duties (Attachment 1). It is understood, however, the GRANTEE remains solely responsible to the STATE for providing the products and services described. It is further understood that GRANTEE will seek prior approvai from the STATE in subcontracting for individuai consuiting servioes where the compensation exceeds a rate of 5450 for an eight hour day. VIII. AMENDMENTS Any material amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original or their successors in office. IX. LIABILITY To the extent permitted by law, GRANTEE agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of action, including at[orney's fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE'S agents or employees, and by the Steering Committee (see Clause 22}, its individual members and any subcontractors or subgrantees of GRANTEE or Steering Committee. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfitl its obligations pursuant to this grant contract. X. ACCOUNTING AUDIT AND RETENTION OF RECORDS A. GRANTEE will establish a total program costs account to deposit program funds in accordance with applicable federal regulations for P.L. 100-690. The account must be able to account for the Federal award amount, locai cash match and program income. Only allowable program expenses can be paid from this account in accordance with the Office of Management and Budget (OMB) Circular A-87, Cost Princip4es for State, Local and Tribal Governments; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-122, Cost Principles for Non-Profit Organizations; and OJP Financial Guide requirements. Fiscal records shall be retained for a period of six years following submission of the finai report. c'��--�og5 GRANTEE'S obligations under this grant contracY without the prior written consent of the STATE'S Authorized Agent. B. GRANTEE sepresents and warrants that MATERIALS produced or used under this grent contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought against the STA'TE to the extent that it is based on a c{aim thai all or part ot the MATER4AL5 infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including,, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shail not be exclusive to other remedies provided by law. XIV. PUBLICITY AND SOURCE OF FUNDING A. Any publicity given to the program, publications, or services provided resulting from this grant contract, ihcluding, but not limited to, notices, informationai pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually . or jointly with others, or any subcontractor shafl idencify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan inciuded in this grant contract prior to its approval by the STATE'S Authorized Agent. B. The GRANTEE agrees that any publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by ihe GRANTEE or by any subcontractor describing p'rograms or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by Award No. 1999-WS-QX-K001 awarded by the Executive Office for Weed and Seed, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in the publication/program/exhibition are those of the authorls) and do not necessarily reflect the views of the Office of Justice Programs and/or the State of Minnesota." XV. PftOMPT PAYMENT TO SUBCONTRACTORS (When appiicable) Prime contractors are required to pay subcontractors pursuant to Minn. Stat. § 16A.1245. XVI. WORKERS' COMPENSATiON GRANTEE certifies compliance with the workers' compensation insurance coverage requirement of Minn. Stat. § 176.181, Subd. 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVIIt. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shail be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereot, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIX. REPORTS 7he GRANTEE will advise the STATE concerning the project progress through the submission of reports as required by the STATE's authorized agent. 5 , - . o� �o�s. � and schedules. Failure to substantially comply with these elements are cause to discontinue grant � funding. 7 � : y o� �o�cS ATTACHMENTI PROJECT INFORMA'fION SHEET OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION Weed and Seed Program 4 enc with which contract is to be executed Le at Name Street — Cit — Zi Phone # FAX # Amherst H. Wilder 919 Lafond Ave 651-642-4000 651-659-2050 Foundation Saint Paul, MN 55104 n..�w,..:��.� n�:..a�t Name and Title r Street — Cit — Zi Phone # FAX # Thomas W. Kingston (Same as above) 651-642-4048 651-659-2050 President 3. Community Youth Development fferent from #1) Street — City — Zip 919 Lafond, Building C Saint Paul, MN 55104 4. Contact Person for Further Information Name and Title Street — Cit — Zi Sally Brown � 919 Lafond, Building C Director Saint Paul, MN 55104 Information G Th omas/Dale-Frogtown Funds Phone # 651-642-2096 651-642-4091 FAX # 651-659-fi003 FAX # 651-659-6003 Start: Jan. 1, 2001 End: Dec.31, 2001 MN Tax ID#: 8339167 Fed TaxiD#: 41-0693 � �l-IO�SS mereasmg resident mvolvement in community activities, especially activities that encourage mter- generational comiections and promoting youth and family accivities, inctud'mg job trammg. The section emphasizes strengthenmg existmg resources for pazents. It also identifies a strategy to educate the commlmity about fim�1y aad dating violence. . Neighborhood Restoration The first part of the neighborhood restoration strategy focuses on neighborhood beautification tluough coord'mated neighboihood ctean up events, which would offer oppommities for resdents to clean thea blocks together. The second major issue addressed'm this section is the difficuhy many azea property owaers face in obtainmg affordable resources m order to make necessary improvements. Tasks incYude identifymg properties in need of improvements and using vazious methods to solve the individualproblems of those property owners. The stcategy ideatifies tea�ts, owners, and�landlords all as important players in promoting heahhy community housmg options. Finatly, the section identifies some poss'ble sieps in contmumg to make University Avenue a friendiy and vibrant commercial corridor in the community. cS� tpts ATTACHMEI�T 2 FEDERAL WEED Af3D SEED PROGRAM BUDGET REQUEST Grantee: Amherst H. Wilder Foundation Budget Period: Jan 1 2001 through Dec 31.2001 Salary and Fringe (show annuai Line Item Detail fitem and Caiculat % of time Site: ThomaslDale-Fro town Coordinator 1 FTE (Weed and Seed coordination .82 F7E + fringes=$36,975) (Safe Haven Coordination .18 FTE + fringes=$8,000) Accountant ($20.00/hr x 250 hours =$5,000 + 28.5%fringes, 1,425= $6,425) TOT ces Item Detail Safe Haven (Activities provided by vendors, which will be determined by RFP process) " Saint Paul Police Department {Provided increased enforceme�t in targeted areas) Commun'rty Service Contract (Community Organizing Services provided by vendors. Vendors to be determined by RFP process) lnterpretation/Transfation Services . Lead Window Abatement (15 homes @ $1000 = $15,000 25 soil test Q $500 = $15,500) CPTED grants (crime prevention through environmentai design) (37 small grants Q $500.00 ea.) � • and Airfare (4 trips @- $500.00 ea.) Hotel (8 nights C� $100.00 ea.) Ground Travel (Taxi, Shuttle, etc.) Meals per diem ($35.00iday on out of state trips) Line and cab TOTAL ff and pi I -rn �� 0� budfor. $44,975 $6,425 $32,000 $10,000 $4,000 $500 $15,500 $18,500 etc. Amount $4,000 $1,600 $85� $1,050