01-1275Return Copy To: Council File # p �� S
Folice Dept: Accounting: �, ��' i� '�, ; Green Sheet # 7
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„, , CITY OF SAINT PAUL, MINNESOTA
Presented By:
Referred To:
Requested by D ar ent of:
PO�
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Approval R m ded y f
By: ,
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WFIEEREAS, the Minnesota Department of Public Safety, Office of Drug Policy and Violence Prevenfion, has
awarded a grant to the Saint Paul Police Department for Heavy Enforcement Activity for Thirty Days (H�AT�
law enforcement strategy from October 1, 2001 through September 30, 2002, and
RESOLVED, that the City Council accepts this grant from the Minnesota Department of Public Safety,
Office of Drug Policy and Violence Prevention and authorizes the City of Saint Paul to enter into the attached
agreement.
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Yeas
Adoption Certified
Absent
Council Secretary:
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Services Director:
Form Ap by City Attorney:
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Approved by Mayor for Sub iission to Council:
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DEPARTMENTOFFICE/COUNCIL DATEINI7IATED
'��:PotioeLi���t iorzsi2oo� GREEN SHEET No. 113587
CON ACTPERSO & PHONE iNRwVDATE iw7WVDATE
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, TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED
' Signatures requested on the attached council resolurion authorizing the Saint Paul Police Depariment to accept a grant from
the Minnesota Department of Public Safety, OfFice of Dmg Policy and V iolence Prevention, and authorizing the
City of Saint to enter into the attached agreement with the Minnesota Depazhnent of Public Safery.
RECOMMENDATION App�oVe (A) OI RejeGt (R) PERSONAL SERVICE CONTRACTS MUSTANSWERTHE FOILOWING QUESTIONS:
1 Has this perso�rtn ever worked under a contrect for this department?
PLANNING COMMISSION YES NO
CIB COMMITTEE 2. Has this person/firm ever been a Gity employee?
� CIVIL SERVICE COMMISSION YES NO
�, 3. Does this persoNfirm possess a skill not nortnally possessed by any current cily employee?
YES NO
', 4. Is this persoNfirm a targeted vendoR
YES NO
� Explain all yes answers on separate sheet and attach to green sheet
. INITIATING PROBLEM ISSUE, OPPOR7UNIN (WHO, WHAT, WHEN, WHERE, WHY)
The Minnesota Department of Public Safety, Office of Drug Policy and Violence Prevention, has awazded a$125,000
grant to the Saint Paul Police Departmern for Heavy Enforcement Acrivity for Thirty Days (HEAT) for the period
, October 1, 2001 tluough September 30, 2002.
ADVAN7AGESIFAPPROVED
Ability to use grant funds awarded for HEAT law enforcement strategy. ������ C�
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� DISADVANTAGESIFAPPROVED
None.
Y TTOFiNEY
DISADVANTAGESIFNOTAPPROVED �
Loss of gant funds available.
TOTAL AMOUNT OF TRANSACTION $ S25,000 COSLREVENUE BUDGETED iGIRCLE ONE) YES NO
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FUNDING SOURCE ST�te of MinnesOta gidnt ACTIVIN NUMBER 04100
FINANCIALINFORMATION(EXPLAIN) �jj,;,� � � ����
`� , $EATGRANT-10-O7-9A2CR
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SFV Fund Agency Orgn Appr ReptCatg
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UFARS Code Vendor Number Amount 5125,000.00 Object Contract Number
066790002-00 $62,500.00 5B00 2001-00170
$62,500.00 State2yrWithoutMatch.doc
Type of Transaction
Requisition Number Date Entered By �
6000333
6000-334
Purchase Order Date Entered By
6000-340
6000-341
Individual signing certifies funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 7 6C.05
NOT�CE TO GRAN7EE: If GRANTEE is other than a governmental agency, it is required by Minnesota Statutes, Section 270.66
to provide its social security number or Minnesota Tax Identification number if it does business with the State of Minnesota.
This information may be used on the enforcement of federal and state tax laws. Supplying these numbers could result in action
to require you to file state tex returns and pay delinquent state tax liabilities. 7HIS GRANT WILL NOT BE APPROVED UNLESS
THESE NUMBERS ARE PROVIDED. These numbers will be available to federel and state tax authorities and state personnel
involved in the payment of state obligations.
THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the
State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevention
("STATE") and City of St. Paul, Police Department, 100 E 11th Street, St. Paut, MN 55107; Soc. Sec. or MN fax
ID. No. 8025095, Federal Empioyer ID. No. (if applicable) 41-6005521, ("GRANTEE"), witnesseth that:
WNEREAS, the Minnesota Department of Public Safety, Office of Drug Policy and Violence Prevention has been
designated to administer funds appropriated by the Minnesota Legislature for Heavy Enforcement Activity for Thirty
Days (HEAT) law enforcement strategy.
WHEREAS, GRANTEE represents that it is duly qualified and wiliing to perform the services set forth he�ein,
NOW, THEREFORE; it is agreed:
GRANTEE'S DUTIES GRANTEE, who is �ot a state employee, shali pertorm the duties and tasks specified in
GRANTEE'S grant application for this program, which is on fiie with ihe STATE and located at 444 Cedar
Street, Suite 100, Town Square, St. Paul, Minnesota. Approved grent application will be sent with the
grant coniract at the time GRANTEE is required to sign grant contract.
II. CONSIDERATION AND TERMS OF PAYMENT
A. Consideration for a1i services performed and goods or materiais suppfied by GRANTEE pursuant to this
grant contract shall be paid by the STATE as follows.
1. Compensation shall be consistent with the Program Budget Request, specified in Attachment 1.,
which is attached and incorporated into this grant contract.
2. The GRANTEE will expend grant funds allocated for this project according to Attachment 1. The
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.
G:\ODP\DPSgrants\Mary F�2001-00170-St. Paul, HEAT.doc
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3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE'S
performance of this grant contract wiil be paid provided that the GRANTEE shall be reimbursed for
trevel and subsistence expenses in the same manner and in no greater amount than provided in the
current "Commissioner's Plan" promuigated by the Commissioner of Employee Relations and
GRANTEE wiVf only be reimbursed for travet and subsistence outside ihe State of Minnesota if it has
received prior written approval tor such out of state travel from the STATE.
The total obligation of the STATE for all compensation and reimbursement to GRANTEE shall not exceed
$125,000.00 (One Hundred Twenty-five Thousand and NO/100 DOLLARS)562,500.00 �Sixty-iwo
Thousand Five Hundred and NO/100 DOLLARS) from 10/01/2001 #hrough 06/30/2002 and an additionai
$62,500.00 (Sixty-two Thousand Five Hundred and NO/100 DOLLARS) from 07/01 /2002 through
09l30/2002. Funds not expended by the GRANTEE during the first state fiscal year of this grant contract
will be canceled and re-established in the following state fiscal year of this grant contract..
B. Terms of Payment
1. Payments shall be made by the STATE promptly after GRANTEE'S presentation of invoices for
services performed and acceptance of such services by the STATE'S Authorized Representative
pursuant to Clause VI., of this grant contract. Invoices shall be submitted in a form prescribed by
the STATE and according to the following schedule:
a. Invoices for reimbursement shall be identified in approved budget categories and submitted at
minimum on a quarterty basis and within 20 days of the end of the reporting period.
b. No payment shall be made by the STATE until quarterly reports required under Clause XVII have
been received by the STATE.
c. Final invoice pertaining to this grant contract must be received within 30 days of the end of this
grant contract.
d. Finai invoice pertaining to the first state fiscal year of this grant contract must be received
within 20 days of the end of the reporting period ending June 30, 2002. Reimbursement from
the second state fiscal year may commence on or after July 1, 2002. Each tinal state fisca�
year's invoice amount shall be net of any and ail advances received from the STATE.
e. Expenditures of each state fiscal year (July 1 through June 30) pursuant to this grant contract
must be for services performed within applicabie state fiscal year and within the terms of this
grant contract.
2. Upon GRANTEE'S request, an advance payment may be made after grant contract execution, in an
amount not to exceed 30 days of the STATE'S obligation (which is the totai amount of this grant
conttact divided by the total number of months of this grantl, as determined necessary by the
STATE for execution of GRANTEE'S obligations.
3. Payments are to be made from funds appropriated by the Minnesota legislature. If at any time these
funds become unavailable, this grant contract shall be terminated immediately upon written notice of
such faci by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
4. The GRANTEE agrees to return any unused funds to the STATE uniess prior approval for an
extension has been granted by the Grants Administrator and an amendment to the grant contract
has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending
date or termination date of the grant contract.
III. CONDITIONS OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shall be
performed to the satisfaction of the STATE, as determined in the sole discretion of its Authorized
Representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and
regufations. GRANTEE shalf not receive payment for work found by the STATE to be unsatisfactory, or
performed in violation of federal, state or local law, ordinance, rule or regulation.
IV. TERM OF GRANT GONTRACT This grant contract shall be effective on '10/01/2001, or upon the date that
the final required signature is obtained by ihe STATE, pursuant to Minn. Stat. § 16C.05, Subd 2., whichever
occurs later, and shall remain in effect until 09/30/2002, or until all obligations set forth in this grani
contract have been satisfactorily fulfilled, whichever occurs first.
V. CANCELLATION
G:\ODP\DPSgrantslMary F�2001-00770-St. Paul, HEAT.doc
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A. Commencement of project. {f the project is not operational with+n 60 days of the original siart date of
the grant contract periad, the GRANTEE must report by letter 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 of the original state date of the grant contract period, the GRANTEE must submit a second
statement to the STATE explaining the implementation delay.
B. This grant contract may be canceted 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 satisfactorily performed.
The STATE may cancei this grant contraci 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 tfie purposes for which the funds were granted have not been or wili not be fulfilled, the STATE
may take action to protect the interests of the State of Minnesota, including the refusal to disburse
additionaf funds and requiring the return of all or part of the funds aiready disbursed.
C. The STATE may immediately terminate this grant contract if it does not obtain funding from the
Minnesota Legislatuce, or otfier funding source; or if funding cannot be continued at a levet sufficient to
allow for the payment of the services covered here. Termination must be by written or tax notice to the
GRANTEE. The STATE is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the GRANTEE will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed to the extent that funds are available. The STATE will
not be assessed any penatty if the grant contract is terminated because of the decision of the Minnesota
Legisiature, or other funding source, not to appropriate funds. The STATE must provide the GRANTEE
notice of the lack of funding within a reasonable time of the STATE receiving that notice,
VI. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the purposes of
administration of this grant contract is Jeri Boisvert, Planning Director, address 444 Cedar Street, Suite 100,
Town Square, St. Paul, Minnesota 55101-5100 or hislher successor, and has the responsibility to monitor
the GRANTEE`S performance and the authority to accepc the services provided under this grant contract. if
the services are satisfactory, the STATE'S Authorized Representative wili certify acceptance on each invoice
submitted tor payment.
The GRANTEE'S Authorized Representative is Chief William Finney, 100 E 11th Street, St. Paul, MN
55107. If the GRAN7EE'S Authorized Representative changes at any time during this grant contract, the
GRANTEE must immediately notify the STATE.
Vll. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights of obligations under this grant co�tract
without the prior written consent of the STATE. GRANTEE may subcontract to provide services as
described in the GRANTEE duties and tasks specified in the GRANTEE'S grant application for this program
and on file with the STATE, and focated at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota.
It is understood, however, the GRAN7EE remains solely responsibie to the STATE for providing the products
and services described.
VIII. AMENDMEN7S Any material amendments to this grant contract shali be in writing, and shall be executed
by the same parties who executed the original or their successors in office.
IX. LIABILITY The GRANTEE must indemnify, save, and hold the STATE, its agents and employees harmiess
from any claims or causes of action, incfuding attorney's fees incurred by the STATE, arising from the
performance of this grant contract by the GRANTEE or the GRANTEE'S agents or employees. This clause
shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its
obtigations under this grant contract.
X. STATE AUDITS Under Minn. Stat. § 16C.05, subd. 5, the GRAN7EE'S books, records, documents, and
accounting procedures and practices relevant to this grant contract are subject to examination by the STATE
and/or the State Auditor or Legisiative Auditor, as appropriate, for a minimum for six years trom the end of
this grant contract.
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XI. GOVERNMENT DATA PRACT4CES ACT The GRANTEE and the STATE must comply with the Minnesota
Government, Data Practices Act, Minnesota Statute, Chapter 13, as it applies to all data provided by the
STATE under this grant contract and as it applies to all data created, collected, received, stored, used,
maintained or disseminated by the GRANTEE under this grant contract. The civil remedies of Minn. Stat. §
13.08 apply to the release of the data refesred to in this c4ause by either the GRANTEE or the STATE.
If the GRANTEE receives a request to release the data referred to in this clause, the GRANTEE must
immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the
data to the requesting party before the data is re4eased.
XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS
A. The STATE shall own all rights, title and interest in atl of the materials conceived or created by the
GRANTEE, or its employees or subgrantees, either individualty or jointly with oihers and which arise out
of the performance of this grant contract, including any inventions, reports, studies, designs, drawings,
specifications, notes, documents, software and documentation, computer based training modules,
electronically, magnetically or digitally recorded material, and other work in whatever form
("MATERIALS").
The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS.
GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to
assist the STATE to obtain and register copyrights, patenis or ot}ter forms of protection provided by Iaw
for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees
or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined
by the United States Copyright Act. Ail of the MATERIALS, whether in paper, electronic, or other form,
shall be remitted to the STATE by the GRANTEE, its employees and any subgrantees, shail not copy,
reproduce, al4ow or cause to have the MATERIALS copied, reproduced or used for nay purpose other
than performance of the GRANTEE'S obligations under this grant contract without the prior written
consent of the STATE'S Authorized Representative.
B. GRANTEE represents and warrants ihat MATERIALS produced or used under this grant contract do not
and wi�l not infringe upon any inteilectual property rights of another, including but not limited to Qatents,
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 STATE to the
extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual
property rights of another. GRANTEE shall be responsible for payment of any and 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 ctaim 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 tor the STATE the right or license to continue using the
MA7ERIALS 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.
XIII. PUBLICITY AND SOUIiCE OF FUNDING
A. Any publicity given to the program, publications, or services provided resulting from this grant contract,
including, bui not limited to, notices, informationat pamphtets, press releases, research, reports, signs,
and similar pubiic notices prepared by or for the GRANTEE or its emptoyees individualty or jointly with
others, or any subcontractor shall identify the STATE as the sponsoring agency and shall not be
released, unless such release is a specific part of an approved work plan included in this grant contract
, prior to its approvai by the STATE'S Authorized Representative.
XIV. HUMAN RIGHTS AND NONDISCRIMINATION (When applicable)
A. GRANTEE certifies that it has received a certificate of compiiance from the commissioner of Human
Righis pursuant to Minn. Stai. § 363.073. ft is hereby agreed between the parties that Minn. Stat.
363.073 is incorporated into this contract by reference.
B. The GRANTEE assures that it will comply, and ail its subcontractors will comply, with the
nondiscrimination requirements of the Omnibus Crime Controi and Safe Streets Act of 1968, as
amended; Title Vi of the Civii Rights Act of 1964; Section 504 of the Rehabifitation Act of 1973, as
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amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the O(-��.7�
Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E and G; and
Executive Order 11246, as amended by Executive Order 71375, and iheir implementing regulations, 4'I
CFR Part 60.1 et• seq., as appiicable, and the Americans with Disabilities Act of 7990.
C. The GRANTEE assures that in ihe event a federal os staie court or administrative agency make a finding
of discrimination after a due process hearing on the grounds of race, color, religion, nationai origin or sex
against the GRANTEE or its subcontractors, the GRANTEE wilf forward a copy of the tinding to the
STATE.
XV. WORKERS' COMPENSATION GRANTEE certifies that it is in compliance with Minn. Stat. § 176.181,
Subd. 2., pertaining to workers' compensation insurance coverage. The GRANTEE'S employees and agents
wili noi be cons+dered STATE emptoyees. Any claims that may arise u�der the Minnesota Workers'
Compensation Act on behalf of these empioyees and any ciaims made by any third party as a consequence
of any act or omission on the part of these employees are in na way the STATE'S obtigation or
responsibility.
XVI. JURISDICTlON AND VENUE This grant contract, and amendments and supplements thereto, shall be
governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant
contsact, or breach thereof, sha4! be in the state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
XVII. REPORTS The GRANTEE wili advise the STATE concerning the project progress through the submission of
quarterly as required by the STATE'S Authorized Representative.
IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound
thereby.
C1F F ST. PLSUL �
GRAN�T sertifies that the appropriate'personls) Bave
executed th . grant contract on behalf of the GRANTEE as
required by ap icabie artides, by-laws, resolutions, or
�
Titfe:
Date:
�v�'j2rv:�1
S I�
MINNESOTA DEPART.MENT QF
(with delegated authoriry)
�
Title: /Planning Director
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Line Item
O.T for O
A'1"1'AC:HIVIL� 1V 1 1
OFFICE OF DRUG POLiCY &
ViOLENCE PREVENTION
Program Budget Request
C�rantee: St. Pa P o l ice Depart
Program: HEAT
Budget Period: from 10/�/01 througfi 09/30/02
Frin9e = , - , _` `
A+aa Grant Funds
Item Detail
TOTAL �
_ :°-" ° . `__, : _ z.. _ ._.
Grant Funds
TOTAL
TOTAL (
" -3'
Grant Funds
TOTAL �
?�l S�
Page 1 of 2 Rev. March 0� G:\ODPIOfFicialFwms�BUdge1 FormsTemplatesWrogrom Budget RequestTemplateslSimple
Without Matcti.doc
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Funds
TOTAL
Line
Grant Funds
TOTAL GRANT FUNDS REQUESTED �$125,000
Page 2 of 2 Rev. March Ot G:\ODP�OFficialForms�Budget FormsTempiates�Program Budget RequestTemplateslSimplr
Without Match.doc