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01-472Return CopyTo: � � � V � � � � Potice Dept. Accounting Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION OF SAINT PATL, MINNESOTA Council File # p �_ y7 g Green Sheet# 111759 F� Committee:Date: WHEREAS, the Saint Paul Police Department received a$3,000 grant from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division for police overtime targering adults who provide alcohol to minors; and WHEREAS, the City Council accepted this grant on September 20, 2000 (Council File number 00-7ll); and WHEREAS, the Saint Paul Police Depai•tment needs to establish a 2001 spending and financing plan for this grant; and 'WHEREAS, The Mayor pursuant to Section 10.09.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $3,000 in egcess of those estimated in the 2001 budget; and WHEREAS, The Mayor recommends that the following addifion be made to the 2001 budget: CURRENT AMENDED BUDGET CHANGES BUDGET 001-General Fund FINANCING PLAN: 04000 - Chiefls Office 3199 - Other Federal Direct Grants-State Total Financing Changes SPENDING PLAN: 04000 - ChiePs Office �141- Overtime 0439 - Fringe Benefits 123,704 1,450,903 0 3,00� - '3Zi'6� 2,610 390 3,000 126,314 1,451,293 31 Total Spending Changes �,�— 32 33 34 35 36 THEREFORE BE I1' RESOLVED, that the City Council approves these changes to the 2001 budget. 37 Requested by Department of: Adopted by Council:Date: Adoption Certified by Cou � � Approved by Mayor:Date_ �y: _ � . By: ApF 1 $�`'. / By. Ap� By: F�nancial Services: by to Council: DPS$30DOgrantbudget.cr.2001 ' ]�PART^h T/OFF)CElCOUNCIL DATE 1N1T1ATE� PoliceDeparhnent 4/6/Ol GREEN SHEET No. 111759� CONTACTPERS N HONE INiTIAVDA INITIAUDATE CIl1ePFiIIney 292-3588 _-£_: - � omuirMexruirseao y�j Q 5 umcouxa� MUS7 BE ON COUNCtLAGENDA6Y DATE) PleasepmcessASAP ❑3 cerva,�ow,�v �� 01—�1'1'1 �FlNpNCW.SERVICES� V��FINANCINLSERV/ACClG � �MAYOR(ORASSISTANi)_ ❑HUM1IFNPoGMTS TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approvai of the attached council resolurion establishing a 2001 spending and financing plan for a gYant received from the Minnesota Deparhnent of Public Safety, Alcohol and C�ambling Enfoxcement Division, for police overtime targeting adults who provide alcohol to aunors. � RECOMMENDAiION ApP�ov¢ (A) Of ReleGt (Rj PERSONAL SERVICE CONTRACTS MUST qNSWER THE FOLLOWING QUESTIONS: 1. Hes this persoNfirm ever worked under a contract for this department� PLANNING COMMISSION YES NO CIB COMMITTEE 2 Has this persoNfirtn ever been a ciryemployee� CIVIL SERVICE COMMISSION YES NO 3. Does this persoNfrtn possess a skill not nortnally possessed by arry arrerrt city employee? YES NO 4. Is this person/frm a targeted vendoR YES NO Erplain all yes answers on sepa2te sheet and attach to green sheet INITIA7ING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHI� The Saint Paul Police Depariment received a$3,000 grant from the Minnesota Department of Public Safety for police oveitiine targeting adults who pxovide alcohol to minoxs. This gant was accepted by the City Council on September 20, 2000 (Council File Number 00-7ll ). (Attached is a copy of the gram.) A 2001 fmancing and spending plan needs to be set up for this grant. ADVANTAGESIFAPPROVED Budget authority to use grant targeting adult providers of alcohol to minors. R E�� b�� '7 � i$"'s . DISADVANTAGES IF APPROVED None. V`T i/`1�� t Y G� DISADVANTAGES IF NOT APPROVED Inability to use grant funds from Minnesota Deparpnent of Public Safety, Alcohol and Gambling Enforcement Division. TOTAL AMOUNT OF TRANSACTION S 3,000 COSTIREVENUE BUDGETED (CIRGLE ON� YES NO _! FUNDING SOURCE STBtC Of M1nII0SOt3 gi2nt ACTIVIN NUMBER 04000 ��.,.,.g P9�� ii�0� ��aa a� FINANCIAL INFORMATION (EXPLAIN) M�� DPS$3000grantbudget.gs.2001 ` �y� � STATE OF MINNESOTA a�-`�'��' ENCUMBRANCE WORKSHEET Contract Start Date: 7!I/00 Expiration Date: 5(31/Q 1 Contractor Na,ne and Address: C� of St Pau( St. Paul Police Dept. 100 Iltb. Street St. Faul, MN 55101 �oa Sec. or Federal Employer I.D. No. 4i-6005521 Mimiesota Tax I.D. No. (if applicable) 8025Q956 ! � ., . r � ��.�� I, ! tI: ; =,. � I � �' � Do Not Circulate DO NOT REPRODUCE OR DISTRIBUTE EXTEI2NALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR. encumbrance form rev 4/00 State Accounting Information: CFMS Contract No. Agency Contract Identification No.: Line 3 CFMS Contract Number: STATE OF MINNESOTA a � �`i'lY F:Nl\UAL PLAN JOINT POWER5 AGREElV1E\'T TYdS 70INT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "Contract"), subject to the laws of Minnesota; is between the State of Minnesota, actin� throu�h its Commissioner of Public Safetv Alcohol & Gamblina Enforcement Division (hereinafter "STATE"), which is em_ c�.�� 2; °d to entes into joint powers agreements pursuant to Minn. Stat. § 471.59, Subd. ] 0, and the Cirv of Saint Paul Saint Paul Police Dept. address 100 11`" Street Saint Paul, MN (hereinafrer "GOVERNMENTAL iJNIT"), which is empowered to enter into joint powers agreemznts pursuant to Minn. Stat. § 471.59, Subd. 10; WHEREAS, the STATE is in need of reimbursin local jurisdictions for their particiRation in a federal arant pro�ram to wmbat underaoe drinkine", and WI;EREAS, GOVERNMENTAI, LJNiT represents tl:at it is duly Zua?ified and wi!ling to pe.for.n t"e services set forth herein. NOW, THEREFORE, it is a�reed: L A. GOVERNMENTAL LJNIT's DUTIES (Attach additional pa�e ifnecessary, which is incorporated by reference and made a part of this agreement.) GOVERNMENTAL UNIT shall: conduct independent compliance checks aT licensed liquor establishments within theirjurisdictions. report findin�s back to th; STATE using the STATE approvzd reporting form. II. CONSID AND TERMS OF PAYMENT: A. CONSIDERATION: Consideration for all services performed by the GOVERNMENTAL UNIT pursuant to this Contract shall be paid by the STATE as follows: CQMPENSATION: Compensation in an amount not to exceed $3,000.00, based on the following method of payment: 2. REIMBURSEMENT: Reimbursement for travel and subsistence expenses actually and necessazily incurred by the GOVERNMENTAL LJNIT in performanee of this Contract in an amounY not Yo exceed None dollars ($ 0.00); provided, that the GOV ERNMENTAL LJNIT shall be reimbursed for navel and subsistence expenses in the same manner and in no greater amount than provided in the current °Commissioners Plan," promulgated by the commissioner of Employee Relations. The GOVERNMENTAL LJNIT shall not be reimbursed for travel and subsistence expenses incurred outside Yhe Sfate oPMinnesota unless given prior writte� approval for such out-of-state trave] from the STATE. THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPtNSATION A�1D REIVtBURSEMENTS TO GOVERNMENTAL LINIT SHALL NOT EXCEED: Three Thousand Dollars and no/100's dollars ($3 000.00 . B. TERMS OF PAYMENT: I. INVOICE: Payments shall be made by the STATE promptly after the GOVERNMENTAL UNIT's presentation of invoices for services performed and acceptance of such services by the STATE's Authorized Representative pursuant to clause VII. Invoices shal] be submitted in a form prescribed by the STATE and according to the following schedule: Itemized invoice and repoR must be filed together, in arrears, and within 30 days of the period covered by the invoice for work satisfacTOrily performed. Final invoice and report must be received no ]ater an June 30, 2001. 2. FEDERAL FiJNDS: (When applicable.) Payments are to be made from federal funds obiained by the STATE IomiPO.maAgmemem (DPS/A1 h 18G bl E`1 t o i-y��- throu�h Titie Juvenile Justice & Delinquencv Prevention CFDA number 16.541 ofthe Dept. ofJustice Act of ] 974 Sec. 261262 (Public law 93-415 and amendments thereto). If at any time such funds become ua�.ai':izle, '.'z's Co :t.�ct s;:a I be terminated imme°iate'•.}' i;;e�. ��: r;:*a:� rotice oi such fact by The STATE to the GOVERNMENTAL UNIT. In the event of such termination, the GOVERNMENTAL LNIT shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. III. TIMELINESS The GOVERNMENTAL iNIT sha(I comply with all of the time requirements described in this Contract. IV. CONDITIONS OF PAYMENT: A11 services provided by GOVERNMENTAL LJNIT, pursuant to this Contract, shall be performed to the satisfaction of the STATE, as determined at the sole discretion of the STATE's Authorized Representative, and in accordance with al] applicable federal, state, and local la�vs, ordinances, rules and rewlations. The GOVERNMENTAL LINIT shall 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. V. TERMS OF CONTRACT This ContraM shall be effective on JuiY. I, 2000, or upon the date that the final required si�nature is obtained by the STATE, pursuant to Minn. Stat § 16CA�, Subd. 2, which2ver occurs later, and sha;l remaia ic effect until May 31, 2001, or Untit all obli�ations set forth in this Contract have been satisfactori(y fulfilled or the Contract has been canceled, whiehever occurs first. The GOVERNNIENTAL CTNIT shall have a continuia� obligation, aftar said Conffact period, to comply with the followi�g provisions of Contrac[ clauses: X. Liability; XI. State Audits; XII. Minnesota Data Practices Act; XIII. Intellectual Property Rights; XIV. Publicity; and XVIII. Jurisdiction and Venue. THE G�VERNMEN"TAL IINIT UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT iNTIL ALL REQUIRED SIGNATURES HAVE BEEN OBTAINEP, AND THE GOVERNMENTAL UNIT IS NOTIFIED TO BEGIN WORK BY THE STATE's AUTHOffiZED REPRESENTATIVE. V I. CANCELLATION: This Contract may be canceled by the STATE or the Commissioner of Administration at any time, with or without cause, upon thirry (SO) days written notice to the GOVERNMENTAL LTNIT. Tn fhe event of sach a canceliation, the GOVERNMENTAL UNIT shall be entitied to payment, determined on a pro rata basis, for work or services satisfactorily performed. VII. STATE's AUTHORIZED REPRESENTATIVE The STATE's Authorized Representative for the putposes of administration of this Contract is Norman Pint or successor in office. The GOVERNMENTAL iJNIT's Authorized Representative for the pu:poses of administration of this Contract is Chief William Finney, or successor in office. The STATE's Authorized Representative snal] have final anthority for acceptence of GOVERNMENTAL iJNIT's services and if sech services are accepTed as satisfactory, s6a11 so certify on each invoice submitted pursuant to Clause IT, para�raph B. VTIL ASSIGNMENT The GOVERNMENTAL LTNIT shal] not assign, delegate, or transfer any rights or obligations under this Contract without the prior written consent of the STATE. IX. AMENDMENTS: Any amendments or modifications to this Contract shall be in writing and shall not be effective until executed by the par[ies Ie r]�is Contract and approved by all STATE officials as required by law. X. LIABILITY The GOVERNMENTAL UNIT shall indemnify, save and hold the STATE, its repsesentatives and employees, harmless from aay and all claims or causes of actio�, including all atiorneys' fees incurred by the STATE, arising from the performance ofthis Contract by GOVERNMENTAL tJNIT or GOVERNMENTAL IINIT's employees, agents, or subcontractors. This clause shal{ not be construed to bar any le�al remedies the GOVERNMENTAL LJNTT may have for the STATE's failure to fulfill its obligations pursuaot to this Contract. Xl. STATE AUDITS The books, records, documents and accountino procedures and practices ofthe GOVERIVMENTAL UNIT and its employees, agents or subcontractors relevant to this Convact shall be made available and subject to examination by the STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum of six years from the end date of this Contcact. GOVERNMENTAL iJNIT shall also comply with all federa] audit requirements as stated in Attachment A., which is hereby incorporated by reference and made a part of this Contract. XIL MINNESOTA GOVERNMENT DATA PRACTICES ACT: The GOV£RNMENTAL L3NIT must comply withthe Minnesota ]mntPOwers4yreement (DPSIAI hI.CGambineEn£) ��-�1� Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this Contract, and as it applies to all data created, collected, received, siored, used, maintained, or disseminated by the GOV ERNMENTAL L)NIT in acco:�znc2 ,>: ?', i�us Cent, �ct. T,`.e civit ��a::iedies of nAianzt o.a Sta*.¢tes � �cY'. �n' 3_QS, apply to the release of the data refened to in this Article by either the GOVERNMENTAL tJNIT or the STATE. In the event the GOVERNMBNTAL LTNIT receives a request to release the data referred to in this Article the GOVERNMENTAL UNIT must immediatety notify the STATE. The STATE �vill give the GOVERNMENTAL UNIT instructions concemin� the release of the data to the requesting party before the data is released. XIII. INTELLE PROPERTY RIGHTS - State Owns Intellectual Proper[v RiQhts and Documents with a Free License to the GOVERNMENTAL UNIT A. INTELLECTUAL PROPERTY RIGHTS: The STATE shall owm all ri�hts, title, and interest in aIL of the intellecmal propzrty rights, includin� copyri�hts, patents, trade secrets, trademarks, aad service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, comp�ter prograr. repo: �s, notes, st�d',es, photogranhs, ne�auves, desi�ns, drax�;rgs sp°cific^tions, materials, tapes, and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL UNST, its employees, aaents, and subcontractors, either individually orjointly with others in the performance of this Contract. WORKS shall include "DOCUMENTS" DOCUMENTS are the ori�inals of any databases, computer programs, reports, notes, studies, photo�raphs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, �j�hether intan�ible or electronic forms, prepared by the GOVERNMENTAL UNIT, its employees, agents, or subcontractors, in the performance of this Contract. The DOCUMENTS shali be the exclusive property of the STATE and all such DOCUMENTS shall be remitted to the STATE by the GOVERNMENTAL LINTT upan completion or canceLlation of this Contract. To the extent possiblz, those WORKS etigible for copyright protection under the United States Copyright Act shall be deemed to be "works made for hire. The GOVERNMENTAL LJNIT agrees to, and hereby does, assign all ri�ht, title, and interest it may have in the WORKS and the DOCUMENTS to the STATE. The GOVERNMENTAL LJNIT shall, at the request of the STATE, exewte all papers and perform all other acts necessary to transfer or record the STATE's ownership interest in the WORKS and DOCUMENTS. B_ OBLIGATIQNS: NOTIFICATION Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to qractice by the GO V ERNMENTAL CINIT, including its employees a�d subcontiactors in the pzrPomlance ofthis Connact, the GOVERiVMENTAL L7NIT shall immediately give the STATE's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete informatio� and/or disclosure thereon. 2. REPRESENTATION: The GOV ERNMENTAL L7NIT shall perform all acts and take ali steps necessary to ensure that all intellectual pcoperry rights in fhe WORKS and DOCUMENTS are the sole property of the STATE, and that no GOVERNMENTAL IJNIT employee, agent, or subcontractor retains any interest in and to �tie �'v ORKS and DOCUMENTS. Th2 GOVERNMENTAL UNI1' represents and warrants that the WORKS and DOCUMENTS do not and shall not infrin�e upon any intellecmai preperty rights of other persons or entities. The GOVERNMENTAL UNTT shall indemnify, defend, and hold harmless the STATE, at the GOVEANMENTAL UNIT's expense, froro any action or claim brought against the STATE to the extent that it is 6ased on a claim that all or part of the WORKS or DOCUMENTS infri��e upon the inCellectual property ri�hts of others. The GOVERNMENTAL I1NIT shall be respon;ible for payment of any and all such claims, demands, obligations, liabilities, costs, a�d damages including, but rot limited to, attorneys' fees. If such a claim or action arises, or ir. the GOVERNMENTAL UNiT's or the STATE's opinion is likely to azise, the GOVERNMENTAL UNIT shail, at the STATE's discretion, either procure for tlie STATE the right or license to use the inteltectua! property rights at issue or replace or modify the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the STATE shalt be in addition to, and not exclusive af, other remedies provided by ]aw. C. SURVNABILITY: The rights and duties of the STATE and the GOVERNMENTAL UNIT provided for above shall survive the expi�ation or cancellation of this Contract. loim Po.rers d¢reemem (�elcoh I& Gan bi ne Ent 1 o�-��- XIV. PUBLICITY: Any pubiicity given to the program, publications, or services provided resultin� from this Contract, induding, but not ]imited to, notices, infomtational pamphlets, press releases, research, reports, signs, and similaz public notices prepared by or for the GOVERNMENTAL L1N1T or its emp]oyees individually or jointly with others, or any subcontractors shall identify the STATE as the sponsoring agency and shall not be re]eased, unless such release is a specific part of an approved work plan induded in this Contract prior to its approva] by the STATE's Authorized Represencative. XV. WORKERS' COMPENSATION: (When applicable.) In accordance with the provisions of Minn. Stat. § 176182, as a�nended, the GOVERNMENTAL UNIT shall provide acceptable evidence of compliance with the workers compensation insurance coverage requirement of Minn. Stat. § 176181, Subd. 2, as amended, prior to the commencement of any duties to be performed under this Cont; act. XV I. ANTITRUST The GOVERNMENTAL UNIT hereby assigns to the State of Minnesota any and all claims for overcharges as to goods ancVor services piovided in connection witb this Contract resultin� from antitrust violations that arise under the antitrust laws of tiie Uni,ed States and the antitrust laws of the State of Minnesota. XVII. PROMPT PAYMENT TO SUBCONTRACTORS: (VJhzn applicaS,e.) GOV£RNMENTAL LJNIT is required to pay subcontractors pursuant to Minn. Stac. § 16A. L45. XVIIL NRI SDICTION AND VENUE This Contract and executed amendments tbereto, shall be �overned by the laws of the State of Mianesota. Venue for ail legal proceedings arisi�lg out of thls Contract, or breach tnereof, shall be in the state or rederai cowt with competent jurisdiction in Ramsey Counry, Minnesota. XIX. COMPLETE CONTRACT: Tbis Contract, ar�d amendments and supplements, constitutes the entire a�reement between the parties. XX. OTHER P ROViSIONS : None )oin� Powers Ayreemem (DPSIAIwtwl & Gambtin¢ Eof 1 4 IN '�JI'IT:ESS VIHEREOF, the parties have caused this Contract to be duly executed intending to be bound there6y. . O\— y''}— APPRO�'; B: 1. Encumbrance Verification: Signed: Date: Annual Ptan T number: 10703 2. GOVERNMENTAL UNIT: GOVER,�IMENTAL [JNIT certifies that the appropriate person(sj have executed the Contract on 6ehalf of the GOVERs�IMENTAL LJNIT as required by applicable artictes, by-laws, resotutions, or ordinances. B y�"� 4 � . Title ��`� d� ,��t C:e. Date � �� C� 3 � By T�tle Date )omt Pm�en Aeceemenv fDPS/dlmhoi & GambLne Enf 1 Return CopyTo: � � � V � � � � Potice Dept. Accounting Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION OF SAINT PATL, MINNESOTA Council File # p �_ y7 g Green Sheet# 111759 F� Committee:Date: WHEREAS, the Saint Paul Police Department received a$3,000 grant from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division for police overtime targering adults who provide alcohol to minors; and WHEREAS, the City Council accepted this grant on September 20, 2000 (Council File number 00-7ll); and WHEREAS, the Saint Paul Police Depai•tment needs to establish a 2001 spending and financing plan for this grant; and 'WHEREAS, The Mayor pursuant to Section 10.09.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $3,000 in egcess of those estimated in the 2001 budget; and WHEREAS, The Mayor recommends that the following addifion be made to the 2001 budget: CURRENT AMENDED BUDGET CHANGES BUDGET 001-General Fund FINANCING PLAN: 04000 - Chiefls Office 3199 - Other Federal Direct Grants-State Total Financing Changes SPENDING PLAN: 04000 - ChiePs Office �141- Overtime 0439 - Fringe Benefits 123,704 1,450,903 0 3,00� - '3Zi'6� 2,610 390 3,000 126,314 1,451,293 31 Total Spending Changes �,�— 32 33 34 35 36 THEREFORE BE I1' RESOLVED, that the City Council approves these changes to the 2001 budget. 37 Requested by Department of: Adopted by Council:Date: Adoption Certified by Cou � � Approved by Mayor:Date_ �y: _ � . By: ApF 1 $�`'. / By. Ap� By: F�nancial Services: by to Council: DPS$30DOgrantbudget.cr.2001 ' ]�PART^h T/OFF)CElCOUNCIL DATE 1N1T1ATE� PoliceDeparhnent 4/6/Ol GREEN SHEET No. 111759� CONTACTPERS N HONE INiTIAVDA INITIAUDATE CIl1ePFiIIney 292-3588 _-£_: - � omuirMexruirseao y�j Q 5 umcouxa� MUS7 BE ON COUNCtLAGENDA6Y DATE) PleasepmcessASAP ❑3 cerva,�ow,�v �� 01—�1'1'1 �FlNpNCW.SERVICES� V��FINANCINLSERV/ACClG � �MAYOR(ORASSISTANi)_ ❑HUM1IFNPoGMTS TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approvai of the attached council resolurion establishing a 2001 spending and financing plan for a gYant received from the Minnesota Deparhnent of Public Safety, Alcohol and C�ambling Enfoxcement Division, for police overtime targeting adults who provide alcohol to aunors. � RECOMMENDAiION ApP�ov¢ (A) Of ReleGt (Rj PERSONAL SERVICE CONTRACTS MUST qNSWER THE FOLLOWING QUESTIONS: 1. Hes this persoNfirm ever worked under a contract for this department� PLANNING COMMISSION YES NO CIB COMMITTEE 2 Has this persoNfirtn ever been a ciryemployee� CIVIL SERVICE COMMISSION YES NO 3. Does this persoNfrtn possess a skill not nortnally possessed by arry arrerrt city employee? YES NO 4. Is this person/frm a targeted vendoR YES NO Erplain all yes answers on sepa2te sheet and attach to green sheet INITIA7ING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHI� The Saint Paul Police Depariment received a$3,000 grant from the Minnesota Department of Public Safety for police oveitiine targeting adults who pxovide alcohol to minoxs. This gant was accepted by the City Council on September 20, 2000 (Council File Number 00-7ll ). (Attached is a copy of the gram.) A 2001 fmancing and spending plan needs to be set up for this grant. ADVANTAGESIFAPPROVED Budget authority to use grant targeting adult providers of alcohol to minors. R E�� b�� '7 � i$"'s . DISADVANTAGES IF APPROVED None. V`T i/`1�� t Y G� DISADVANTAGES IF NOT APPROVED Inability to use grant funds from Minnesota Deparpnent of Public Safety, Alcohol and Gambling Enforcement Division. TOTAL AMOUNT OF TRANSACTION S 3,000 COSTIREVENUE BUDGETED (CIRGLE ON� YES NO _! FUNDING SOURCE STBtC Of M1nII0SOt3 gi2nt ACTIVIN NUMBER 04000 ��.,.,.g P9�� ii�0� ��aa a� FINANCIAL INFORMATION (EXPLAIN) M�� DPS$3000grantbudget.gs.2001 ` �y� � STATE OF MINNESOTA a�-`�'��' ENCUMBRANCE WORKSHEET Contract Start Date: 7!I/00 Expiration Date: 5(31/Q 1 Contractor Na,ne and Address: C� of St Pau( St. Paul Police Dept. 100 Iltb. Street St. Faul, MN 55101 �oa Sec. or Federal Employer I.D. No. 4i-6005521 Mimiesota Tax I.D. No. (if applicable) 8025Q956 ! � ., . r � ��.�� I, ! tI: ; =,. � I � �' � Do Not Circulate DO NOT REPRODUCE OR DISTRIBUTE EXTEI2NALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR. encumbrance form rev 4/00 State Accounting Information: CFMS Contract No. Agency Contract Identification No.: Line 3 CFMS Contract Number: STATE OF MINNESOTA a � �`i'lY F:Nl\UAL PLAN JOINT POWER5 AGREElV1E\'T TYdS 70INT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "Contract"), subject to the laws of Minnesota; is between the State of Minnesota, actin� throu�h its Commissioner of Public Safetv Alcohol & Gamblina Enforcement Division (hereinafter "STATE"), which is em_ c�.�� 2; °d to entes into joint powers agreements pursuant to Minn. Stat. § 471.59, Subd. ] 0, and the Cirv of Saint Paul Saint Paul Police Dept. address 100 11`" Street Saint Paul, MN (hereinafrer "GOVERNMENTAL iJNIT"), which is empowered to enter into joint powers agreemznts pursuant to Minn. Stat. § 471.59, Subd. 10; WHEREAS, the STATE is in need of reimbursin local jurisdictions for their particiRation in a federal arant pro�ram to wmbat underaoe drinkine", and WI;EREAS, GOVERNMENTAI, LJNiT represents tl:at it is duly Zua?ified and wi!ling to pe.for.n t"e services set forth herein. NOW, THEREFORE, it is a�reed: L A. GOVERNMENTAL LJNIT's DUTIES (Attach additional pa�e ifnecessary, which is incorporated by reference and made a part of this agreement.) GOVERNMENTAL UNIT shall: conduct independent compliance checks aT licensed liquor establishments within theirjurisdictions. report findin�s back to th; STATE using the STATE approvzd reporting form. II. CONSID AND TERMS OF PAYMENT: A. CONSIDERATION: Consideration for all services performed by the GOVERNMENTAL UNIT pursuant to this Contract shall be paid by the STATE as follows: CQMPENSATION: Compensation in an amount not to exceed $3,000.00, based on the following method of payment: 2. REIMBURSEMENT: Reimbursement for travel and subsistence expenses actually and necessazily incurred by the GOVERNMENTAL LJNIT in performanee of this Contract in an amounY not Yo exceed None dollars ($ 0.00); provided, that the GOV ERNMENTAL LJNIT shall be reimbursed for navel and subsistence expenses in the same manner and in no greater amount than provided in the current °Commissioners Plan," promulgated by the commissioner of Employee Relations. The GOVERNMENTAL LJNIT shall not be reimbursed for travel and subsistence expenses incurred outside Yhe Sfate oPMinnesota unless given prior writte� approval for such out-of-state trave] from the STATE. THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPtNSATION A�1D REIVtBURSEMENTS TO GOVERNMENTAL LINIT SHALL NOT EXCEED: Three Thousand Dollars and no/100's dollars ($3 000.00 . B. TERMS OF PAYMENT: I. INVOICE: Payments shall be made by the STATE promptly after the GOVERNMENTAL UNIT's presentation of invoices for services performed and acceptance of such services by the STATE's Authorized Representative pursuant to clause VII. Invoices shal] be submitted in a form prescribed by the STATE and according to the following schedule: Itemized invoice and repoR must be filed together, in arrears, and within 30 days of the period covered by the invoice for work satisfacTOrily performed. Final invoice and report must be received no ]ater an June 30, 2001. 2. FEDERAL FiJNDS: (When applicable.) Payments are to be made from federal funds obiained by the STATE IomiPO.maAgmemem (DPS/A1 h 18G bl E`1 t o i-y��- throu�h Titie Juvenile Justice & Delinquencv Prevention CFDA number 16.541 ofthe Dept. ofJustice Act of ] 974 Sec. 261262 (Public law 93-415 and amendments thereto). If at any time such funds become ua�.ai':izle, '.'z's Co :t.�ct s;:a I be terminated imme°iate'•.}' i;;e�. ��: r;:*a:� rotice oi such fact by The STATE to the GOVERNMENTAL UNIT. In the event of such termination, the GOVERNMENTAL LNIT shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. III. TIMELINESS The GOVERNMENTAL iNIT sha(I comply with all of the time requirements described in this Contract. IV. CONDITIONS OF PAYMENT: A11 services provided by GOVERNMENTAL LJNIT, pursuant to this Contract, shall be performed to the satisfaction of the STATE, as determined at the sole discretion of the STATE's Authorized Representative, and in accordance with al] applicable federal, state, and local la�vs, ordinances, rules and rewlations. The GOVERNMENTAL LINIT shall 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. V. TERMS OF CONTRACT This ContraM shall be effective on JuiY. I, 2000, or upon the date that the final required si�nature is obtained by the STATE, pursuant to Minn. Stat § 16CA�, Subd. 2, which2ver occurs later, and sha;l remaia ic effect until May 31, 2001, or Untit all obli�ations set forth in this Contract have been satisfactori(y fulfilled or the Contract has been canceled, whiehever occurs first. The GOVERNNIENTAL CTNIT shall have a continuia� obligation, aftar said Conffact period, to comply with the followi�g provisions of Contrac[ clauses: X. Liability; XI. State Audits; XII. Minnesota Data Practices Act; XIII. Intellectual Property Rights; XIV. Publicity; and XVIII. Jurisdiction and Venue. THE G�VERNMEN"TAL IINIT UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT iNTIL ALL REQUIRED SIGNATURES HAVE BEEN OBTAINEP, AND THE GOVERNMENTAL UNIT IS NOTIFIED TO BEGIN WORK BY THE STATE's AUTHOffiZED REPRESENTATIVE. V I. CANCELLATION: This Contract may be canceled by the STATE or the Commissioner of Administration at any time, with or without cause, upon thirry (SO) days written notice to the GOVERNMENTAL LTNIT. Tn fhe event of sach a canceliation, the GOVERNMENTAL UNIT shall be entitied to payment, determined on a pro rata basis, for work or services satisfactorily performed. VII. STATE's AUTHORIZED REPRESENTATIVE The STATE's Authorized Representative for the putposes of administration of this Contract is Norman Pint or successor in office. The GOVERNMENTAL iJNIT's Authorized Representative for the pu:poses of administration of this Contract is Chief William Finney, or successor in office. The STATE's Authorized Representative snal] have final anthority for acceptence of GOVERNMENTAL iJNIT's services and if sech services are accepTed as satisfactory, s6a11 so certify on each invoice submitted pursuant to Clause IT, para�raph B. VTIL ASSIGNMENT The GOVERNMENTAL LTNIT shal] not assign, delegate, or transfer any rights or obligations under this Contract without the prior written consent of the STATE. IX. AMENDMENTS: Any amendments or modifications to this Contract shall be in writing and shall not be effective until executed by the par[ies Ie r]�is Contract and approved by all STATE officials as required by law. X. LIABILITY The GOVERNMENTAL UNIT shall indemnify, save and hold the STATE, its repsesentatives and employees, harmless from aay and all claims or causes of actio�, including all atiorneys' fees incurred by the STATE, arising from the performance ofthis Contract by GOVERNMENTAL tJNIT or GOVERNMENTAL IINIT's employees, agents, or subcontractors. This clause shal{ not be construed to bar any le�al remedies the GOVERNMENTAL LJNTT may have for the STATE's failure to fulfill its obligations pursuaot to this Contract. Xl. STATE AUDITS The books, records, documents and accountino procedures and practices ofthe GOVERIVMENTAL UNIT and its employees, agents or subcontractors relevant to this Convact shall be made available and subject to examination by the STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum of six years from the end date of this Contcact. GOVERNMENTAL iJNIT shall also comply with all federa] audit requirements as stated in Attachment A., which is hereby incorporated by reference and made a part of this Contract. XIL MINNESOTA GOVERNMENT DATA PRACTICES ACT: The GOV£RNMENTAL L3NIT must comply withthe Minnesota ]mntPOwers4yreement (DPSIAI hI.CGambineEn£) ��-�1� Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this Contract, and as it applies to all data created, collected, received, siored, used, maintained, or disseminated by the GOV ERNMENTAL L)NIT in acco:�znc2 ,>: ?', i�us Cent, �ct. T,`.e civit ��a::iedies of nAianzt o.a Sta*.¢tes � �cY'. �n' 3_QS, apply to the release of the data refened to in this Article by either the GOVERNMENTAL tJNIT or the STATE. In the event the GOVERNMBNTAL LTNIT receives a request to release the data referred to in this Article the GOVERNMENTAL UNIT must immediatety notify the STATE. The STATE �vill give the GOVERNMENTAL UNIT instructions concemin� the release of the data to the requesting party before the data is released. XIII. INTELLE PROPERTY RIGHTS - State Owns Intellectual Proper[v RiQhts and Documents with a Free License to the GOVERNMENTAL UNIT A. INTELLECTUAL PROPERTY RIGHTS: The STATE shall owm all ri�hts, title, and interest in aIL of the intellecmal propzrty rights, includin� copyri�hts, patents, trade secrets, trademarks, aad service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, comp�ter prograr. repo: �s, notes, st�d',es, photogranhs, ne�auves, desi�ns, drax�;rgs sp°cific^tions, materials, tapes, and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL UNST, its employees, aaents, and subcontractors, either individually orjointly with others in the performance of this Contract. WORKS shall include "DOCUMENTS" DOCUMENTS are the ori�inals of any databases, computer programs, reports, notes, studies, photo�raphs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, �j�hether intan�ible or electronic forms, prepared by the GOVERNMENTAL UNIT, its employees, agents, or subcontractors, in the performance of this Contract. The DOCUMENTS shali be the exclusive property of the STATE and all such DOCUMENTS shall be remitted to the STATE by the GOVERNMENTAL LINTT upan completion or canceLlation of this Contract. To the extent possiblz, those WORKS etigible for copyright protection under the United States Copyright Act shall be deemed to be "works made for hire. The GOVERNMENTAL LJNIT agrees to, and hereby does, assign all ri�ht, title, and interest it may have in the WORKS and the DOCUMENTS to the STATE. The GOVERNMENTAL LJNIT shall, at the request of the STATE, exewte all papers and perform all other acts necessary to transfer or record the STATE's ownership interest in the WORKS and DOCUMENTS. B_ OBLIGATIQNS: NOTIFICATION Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to qractice by the GO V ERNMENTAL CINIT, including its employees a�d subcontiactors in the pzrPomlance ofthis Connact, the GOVERiVMENTAL L7NIT shall immediately give the STATE's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete informatio� and/or disclosure thereon. 2. REPRESENTATION: The GOV ERNMENTAL L7NIT shall perform all acts and take ali steps necessary to ensure that all intellectual pcoperry rights in fhe WORKS and DOCUMENTS are the sole property of the STATE, and that no GOVERNMENTAL IJNIT employee, agent, or subcontractor retains any interest in and to �tie �'v ORKS and DOCUMENTS. Th2 GOVERNMENTAL UNI1' represents and warrants that the WORKS and DOCUMENTS do not and shall not infrin�e upon any intellecmai preperty rights of other persons or entities. The GOVERNMENTAL UNTT shall indemnify, defend, and hold harmless the STATE, at the GOVEANMENTAL UNIT's expense, froro any action or claim brought against the STATE to the extent that it is 6ased on a claim that all or part of the WORKS or DOCUMENTS infri��e upon the inCellectual property ri�hts of others. The GOVERNMENTAL I1NIT shall be respon;ible for payment of any and all such claims, demands, obligations, liabilities, costs, a�d damages including, but rot limited to, attorneys' fees. If such a claim or action arises, or ir. the GOVERNMENTAL UNiT's or the STATE's opinion is likely to azise, the GOVERNMENTAL UNIT shail, at the STATE's discretion, either procure for tlie STATE the right or license to use the inteltectua! property rights at issue or replace or modify the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the STATE shalt be in addition to, and not exclusive af, other remedies provided by ]aw. C. SURVNABILITY: The rights and duties of the STATE and the GOVERNMENTAL UNIT provided for above shall survive the expi�ation or cancellation of this Contract. loim Po.rers d¢reemem (�elcoh I& Gan bi ne Ent 1 o�-��- XIV. PUBLICITY: Any pubiicity given to the program, publications, or services provided resultin� from this Contract, induding, but not ]imited to, notices, infomtational pamphlets, press releases, research, reports, signs, and similaz public notices prepared by or for the GOVERNMENTAL L1N1T or its emp]oyees individually or jointly with others, or any subcontractors shall identify the STATE as the sponsoring agency and shall not be re]eased, unless such release is a specific part of an approved work plan induded in this Contract prior to its approva] by the STATE's Authorized Represencative. XV. WORKERS' COMPENSATION: (When applicable.) In accordance with the provisions of Minn. Stat. § 176182, as a�nended, the GOVERNMENTAL UNIT shall provide acceptable evidence of compliance with the workers compensation insurance coverage requirement of Minn. Stat. § 176181, Subd. 2, as amended, prior to the commencement of any duties to be performed under this Cont; act. XV I. ANTITRUST The GOVERNMENTAL UNIT hereby assigns to the State of Minnesota any and all claims for overcharges as to goods ancVor services piovided in connection witb this Contract resultin� from antitrust violations that arise under the antitrust laws of tiie Uni,ed States and the antitrust laws of the State of Minnesota. XVII. PROMPT PAYMENT TO SUBCONTRACTORS: (VJhzn applicaS,e.) GOV£RNMENTAL LJNIT is required to pay subcontractors pursuant to Minn. Stac. § 16A. L45. XVIIL NRI SDICTION AND VENUE This Contract and executed amendments tbereto, shall be �overned by the laws of the State of Mianesota. Venue for ail legal proceedings arisi�lg out of thls Contract, or breach tnereof, shall be in the state or rederai cowt with competent jurisdiction in Ramsey Counry, Minnesota. XIX. COMPLETE CONTRACT: Tbis Contract, ar�d amendments and supplements, constitutes the entire a�reement between the parties. XX. OTHER P ROViSIONS : None )oin� Powers Ayreemem (DPSIAIwtwl & Gambtin¢ Eof 1 4 IN '�JI'IT:ESS VIHEREOF, the parties have caused this Contract to be duly executed intending to be bound there6y. . O\— y''}— APPRO�'; B: 1. Encumbrance Verification: Signed: Date: Annual Ptan T number: 10703 2. GOVERNMENTAL UNIT: GOVER,�IMENTAL [JNIT certifies that the appropriate person(sj have executed the Contract on 6ehalf of the GOVERs�IMENTAL LJNIT as required by applicable artictes, by-laws, resotutions, or ordinances. B y�"� 4 � . Title ��`� d� ,��t C:e. Date � �� C� 3 � By T�tle Date )omt Pm�en Aeceemenv fDPS/dlmhoi & GambLne Enf 1 Return CopyTo: � � � V � � � � Potice Dept. Accounting Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION OF SAINT PATL, MINNESOTA Council File # p �_ y7 g Green Sheet# 111759 F� Committee:Date: WHEREAS, the Saint Paul Police Department received a$3,000 grant from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division for police overtime targering adults who provide alcohol to minors; and WHEREAS, the City Council accepted this grant on September 20, 2000 (Council File number 00-7ll); and WHEREAS, the Saint Paul Police Depai•tment needs to establish a 2001 spending and financing plan for this grant; and 'WHEREAS, The Mayor pursuant to Section 10.09.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $3,000 in egcess of those estimated in the 2001 budget; and WHEREAS, The Mayor recommends that the following addifion be made to the 2001 budget: CURRENT AMENDED BUDGET CHANGES BUDGET 001-General Fund FINANCING PLAN: 04000 - Chiefls Office 3199 - Other Federal Direct Grants-State Total Financing Changes SPENDING PLAN: 04000 - ChiePs Office �141- Overtime 0439 - Fringe Benefits 123,704 1,450,903 0 3,00� - '3Zi'6� 2,610 390 3,000 126,314 1,451,293 31 Total Spending Changes �,�— 32 33 34 35 36 THEREFORE BE I1' RESOLVED, that the City Council approves these changes to the 2001 budget. 37 Requested by Department of: Adopted by Council:Date: Adoption Certified by Cou � � Approved by Mayor:Date_ �y: _ � . By: ApF 1 $�`'. / By. Ap� By: F�nancial Services: by to Council: DPS$30DOgrantbudget.cr.2001 ' ]�PART^h T/OFF)CElCOUNCIL DATE 1N1T1ATE� PoliceDeparhnent 4/6/Ol GREEN SHEET No. 111759� CONTACTPERS N HONE INiTIAVDA INITIAUDATE CIl1ePFiIIney 292-3588 _-£_: - � omuirMexruirseao y�j Q 5 umcouxa� MUS7 BE ON COUNCtLAGENDA6Y DATE) PleasepmcessASAP ❑3 cerva,�ow,�v �� 01—�1'1'1 �FlNpNCW.SERVICES� V��FINANCINLSERV/ACClG � �MAYOR(ORASSISTANi)_ ❑HUM1IFNPoGMTS TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approvai of the attached council resolurion establishing a 2001 spending and financing plan for a gYant received from the Minnesota Deparhnent of Public Safety, Alcohol and C�ambling Enfoxcement Division, for police overtime targeting adults who provide alcohol to aunors. � RECOMMENDAiION ApP�ov¢ (A) Of ReleGt (Rj PERSONAL SERVICE CONTRACTS MUST qNSWER THE FOLLOWING QUESTIONS: 1. Hes this persoNfirm ever worked under a contract for this department� PLANNING COMMISSION YES NO CIB COMMITTEE 2 Has this persoNfirtn ever been a ciryemployee� CIVIL SERVICE COMMISSION YES NO 3. Does this persoNfrtn possess a skill not nortnally possessed by arry arrerrt city employee? YES NO 4. Is this person/frm a targeted vendoR YES NO Erplain all yes answers on sepa2te sheet and attach to green sheet INITIA7ING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHI� The Saint Paul Police Depariment received a$3,000 grant from the Minnesota Department of Public Safety for police oveitiine targeting adults who pxovide alcohol to minoxs. This gant was accepted by the City Council on September 20, 2000 (Council File Number 00-7ll ). (Attached is a copy of the gram.) A 2001 fmancing and spending plan needs to be set up for this grant. ADVANTAGESIFAPPROVED Budget authority to use grant targeting adult providers of alcohol to minors. R E�� b�� '7 � i$"'s . DISADVANTAGES IF APPROVED None. V`T i/`1�� t Y G� DISADVANTAGES IF NOT APPROVED Inability to use grant funds from Minnesota Deparpnent of Public Safety, Alcohol and Gambling Enforcement Division. TOTAL AMOUNT OF TRANSACTION S 3,000 COSTIREVENUE BUDGETED (CIRGLE ON� YES NO _! FUNDING SOURCE STBtC Of M1nII0SOt3 gi2nt ACTIVIN NUMBER 04000 ��.,.,.g P9�� ii�0� ��aa a� FINANCIAL INFORMATION (EXPLAIN) M�� DPS$3000grantbudget.gs.2001 ` �y� � STATE OF MINNESOTA a�-`�'��' ENCUMBRANCE WORKSHEET Contract Start Date: 7!I/00 Expiration Date: 5(31/Q 1 Contractor Na,ne and Address: C� of St Pau( St. Paul Police Dept. 100 Iltb. Street St. Faul, MN 55101 �oa Sec. or Federal Employer I.D. No. 4i-6005521 Mimiesota Tax I.D. No. (if applicable) 8025Q956 ! � ., . r � ��.�� I, ! tI: ; =,. � I � �' � Do Not Circulate DO NOT REPRODUCE OR DISTRIBUTE EXTEI2NALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR. encumbrance form rev 4/00 State Accounting Information: CFMS Contract No. Agency Contract Identification No.: Line 3 CFMS Contract Number: STATE OF MINNESOTA a � �`i'lY F:Nl\UAL PLAN JOINT POWER5 AGREElV1E\'T TYdS 70INT POWERS AGREEMENT, and amendments and supplements thereto (hereinafter "Contract"), subject to the laws of Minnesota; is between the State of Minnesota, actin� throu�h its Commissioner of Public Safetv Alcohol & Gamblina Enforcement Division (hereinafter "STATE"), which is em_ c�.�� 2; °d to entes into joint powers agreements pursuant to Minn. Stat. § 471.59, Subd. ] 0, and the Cirv of Saint Paul Saint Paul Police Dept. address 100 11`" Street Saint Paul, MN (hereinafrer "GOVERNMENTAL iJNIT"), which is empowered to enter into joint powers agreemznts pursuant to Minn. Stat. § 471.59, Subd. 10; WHEREAS, the STATE is in need of reimbursin local jurisdictions for their particiRation in a federal arant pro�ram to wmbat underaoe drinkine", and WI;EREAS, GOVERNMENTAI, LJNiT represents tl:at it is duly Zua?ified and wi!ling to pe.for.n t"e services set forth herein. NOW, THEREFORE, it is a�reed: L A. GOVERNMENTAL LJNIT's DUTIES (Attach additional pa�e ifnecessary, which is incorporated by reference and made a part of this agreement.) GOVERNMENTAL UNIT shall: conduct independent compliance checks aT licensed liquor establishments within theirjurisdictions. report findin�s back to th; STATE using the STATE approvzd reporting form. II. CONSID AND TERMS OF PAYMENT: A. CONSIDERATION: Consideration for all services performed by the GOVERNMENTAL UNIT pursuant to this Contract shall be paid by the STATE as follows: CQMPENSATION: Compensation in an amount not to exceed $3,000.00, based on the following method of payment: 2. REIMBURSEMENT: Reimbursement for travel and subsistence expenses actually and necessazily incurred by the GOVERNMENTAL LJNIT in performanee of this Contract in an amounY not Yo exceed None dollars ($ 0.00); provided, that the GOV ERNMENTAL LJNIT shall be reimbursed for navel and subsistence expenses in the same manner and in no greater amount than provided in the current °Commissioners Plan," promulgated by the commissioner of Employee Relations. The GOVERNMENTAL LJNIT shall not be reimbursed for travel and subsistence expenses incurred outside Yhe Sfate oPMinnesota unless given prior writte� approval for such out-of-state trave] from the STATE. THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPtNSATION A�1D REIVtBURSEMENTS TO GOVERNMENTAL LINIT SHALL NOT EXCEED: Three Thousand Dollars and no/100's dollars ($3 000.00 . B. TERMS OF PAYMENT: I. INVOICE: Payments shall be made by the STATE promptly after the GOVERNMENTAL UNIT's presentation of invoices for services performed and acceptance of such services by the STATE's Authorized Representative pursuant to clause VII. Invoices shal] be submitted in a form prescribed by the STATE and according to the following schedule: Itemized invoice and repoR must be filed together, in arrears, and within 30 days of the period covered by the invoice for work satisfacTOrily performed. Final invoice and report must be received no ]ater an June 30, 2001. 2. FEDERAL FiJNDS: (When applicable.) Payments are to be made from federal funds obiained by the STATE IomiPO.maAgmemem (DPS/A1 h 18G bl E`1 t o i-y��- throu�h Titie Juvenile Justice & Delinquencv Prevention CFDA number 16.541 ofthe Dept. ofJustice Act of ] 974 Sec. 261262 (Public law 93-415 and amendments thereto). If at any time such funds become ua�.ai':izle, '.'z's Co :t.�ct s;:a I be terminated imme°iate'•.}' i;;e�. ��: r;:*a:� rotice oi such fact by The STATE to the GOVERNMENTAL UNIT. In the event of such termination, the GOVERNMENTAL LNIT shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. III. TIMELINESS The GOVERNMENTAL iNIT sha(I comply with all of the time requirements described in this Contract. IV. CONDITIONS OF PAYMENT: A11 services provided by GOVERNMENTAL LJNIT, pursuant to this Contract, shall be performed to the satisfaction of the STATE, as determined at the sole discretion of the STATE's Authorized Representative, and in accordance with al] applicable federal, state, and local la�vs, ordinances, rules and rewlations. The GOVERNMENTAL LINIT shall 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. V. TERMS OF CONTRACT This ContraM shall be effective on JuiY. I, 2000, or upon the date that the final required si�nature is obtained by the STATE, pursuant to Minn. Stat § 16CA�, Subd. 2, which2ver occurs later, and sha;l remaia ic effect until May 31, 2001, or Untit all obli�ations set forth in this Contract have been satisfactori(y fulfilled or the Contract has been canceled, whiehever occurs first. The GOVERNNIENTAL CTNIT shall have a continuia� obligation, aftar said Conffact period, to comply with the followi�g provisions of Contrac[ clauses: X. Liability; XI. State Audits; XII. Minnesota Data Practices Act; XIII. Intellectual Property Rights; XIV. Publicity; and XVIII. Jurisdiction and Venue. THE G�VERNMEN"TAL IINIT UNDERSTANDS THAT NO WORK SHOULD BEGIN UNDER THIS CONTRACT iNTIL ALL REQUIRED SIGNATURES HAVE BEEN OBTAINEP, AND THE GOVERNMENTAL UNIT IS NOTIFIED TO BEGIN WORK BY THE STATE's AUTHOffiZED REPRESENTATIVE. V I. CANCELLATION: This Contract may be canceled by the STATE or the Commissioner of Administration at any time, with or without cause, upon thirry (SO) days written notice to the GOVERNMENTAL LTNIT. Tn fhe event of sach a canceliation, the GOVERNMENTAL UNIT shall be entitied to payment, determined on a pro rata basis, for work or services satisfactorily performed. VII. STATE's AUTHORIZED REPRESENTATIVE The STATE's Authorized Representative for the putposes of administration of this Contract is Norman Pint or successor in office. The GOVERNMENTAL iJNIT's Authorized Representative for the pu:poses of administration of this Contract is Chief William Finney, or successor in office. The STATE's Authorized Representative snal] have final anthority for acceptence of GOVERNMENTAL iJNIT's services and if sech services are accepTed as satisfactory, s6a11 so certify on each invoice submitted pursuant to Clause IT, para�raph B. VTIL ASSIGNMENT The GOVERNMENTAL LTNIT shal] not assign, delegate, or transfer any rights or obligations under this Contract without the prior written consent of the STATE. IX. AMENDMENTS: Any amendments or modifications to this Contract shall be in writing and shall not be effective until executed by the par[ies Ie r]�is Contract and approved by all STATE officials as required by law. X. LIABILITY The GOVERNMENTAL UNIT shall indemnify, save and hold the STATE, its repsesentatives and employees, harmless from aay and all claims or causes of actio�, including all atiorneys' fees incurred by the STATE, arising from the performance ofthis Contract by GOVERNMENTAL tJNIT or GOVERNMENTAL IINIT's employees, agents, or subcontractors. This clause shal{ not be construed to bar any le�al remedies the GOVERNMENTAL LJNTT may have for the STATE's failure to fulfill its obligations pursuaot to this Contract. Xl. STATE AUDITS The books, records, documents and accountino procedures and practices ofthe GOVERIVMENTAL UNIT and its employees, agents or subcontractors relevant to this Convact shall be made available and subject to examination by the STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum of six years from the end date of this Contcact. GOVERNMENTAL iJNIT shall also comply with all federa] audit requirements as stated in Attachment A., which is hereby incorporated by reference and made a part of this Contract. XIL MINNESOTA GOVERNMENT DATA PRACTICES ACT: The GOV£RNMENTAL L3NIT must comply withthe Minnesota ]mntPOwers4yreement (DPSIAI hI.CGambineEn£) ��-�1� Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this Contract, and as it applies to all data created, collected, received, siored, used, maintained, or disseminated by the GOV ERNMENTAL L)NIT in acco:�znc2 ,>: ?', i�us Cent, �ct. T,`.e civit ��a::iedies of nAianzt o.a Sta*.¢tes � �cY'. �n' 3_QS, apply to the release of the data refened to in this Article by either the GOVERNMENTAL tJNIT or the STATE. In the event the GOVERNMBNTAL LTNIT receives a request to release the data referred to in this Article the GOVERNMENTAL UNIT must immediatety notify the STATE. The STATE �vill give the GOVERNMENTAL UNIT instructions concemin� the release of the data to the requesting party before the data is released. XIII. INTELLE PROPERTY RIGHTS - State Owns Intellectual Proper[v RiQhts and Documents with a Free License to the GOVERNMENTAL UNIT A. INTELLECTUAL PROPERTY RIGHTS: The STATE shall owm all ri�hts, title, and interest in aIL of the intellecmal propzrty rights, includin� copyri�hts, patents, trade secrets, trademarks, aad service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, comp�ter prograr. repo: �s, notes, st�d',es, photogranhs, ne�auves, desi�ns, drax�;rgs sp°cific^tions, materials, tapes, and disks conceived, reduced to practice, created or ori�inated by the GOVERNMENTAL UNST, its employees, aaents, and subcontractors, either individually orjointly with others in the performance of this Contract. WORKS shall include "DOCUMENTS" DOCUMENTS are the ori�inals of any databases, computer programs, reports, notes, studies, photo�raphs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, �j�hether intan�ible or electronic forms, prepared by the GOVERNMENTAL UNIT, its employees, agents, or subcontractors, in the performance of this Contract. The DOCUMENTS shali be the exclusive property of the STATE and all such DOCUMENTS shall be remitted to the STATE by the GOVERNMENTAL LINTT upan completion or canceLlation of this Contract. To the extent possiblz, those WORKS etigible for copyright protection under the United States Copyright Act shall be deemed to be "works made for hire. The GOVERNMENTAL LJNIT agrees to, and hereby does, assign all ri�ht, title, and interest it may have in the WORKS and the DOCUMENTS to the STATE. The GOVERNMENTAL LJNIT shall, at the request of the STATE, exewte all papers and perform all other acts necessary to transfer or record the STATE's ownership interest in the WORKS and DOCUMENTS. B_ OBLIGATIQNS: NOTIFICATION Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to qractice by the GO V ERNMENTAL CINIT, including its employees a�d subcontiactors in the pzrPomlance ofthis Connact, the GOVERiVMENTAL L7NIT shall immediately give the STATE's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete informatio� and/or disclosure thereon. 2. REPRESENTATION: The GOV ERNMENTAL L7NIT shall perform all acts and take ali steps necessary to ensure that all intellectual pcoperry rights in fhe WORKS and DOCUMENTS are the sole property of the STATE, and that no GOVERNMENTAL IJNIT employee, agent, or subcontractor retains any interest in and to �tie �'v ORKS and DOCUMENTS. Th2 GOVERNMENTAL UNI1' represents and warrants that the WORKS and DOCUMENTS do not and shall not infrin�e upon any intellecmai preperty rights of other persons or entities. The GOVERNMENTAL UNTT shall indemnify, defend, and hold harmless the STATE, at the GOVEANMENTAL UNIT's expense, froro any action or claim brought against the STATE to the extent that it is 6ased on a claim that all or part of the WORKS or DOCUMENTS infri��e upon the inCellectual property ri�hts of others. The GOVERNMENTAL I1NIT shall be respon;ible for payment of any and all such claims, demands, obligations, liabilities, costs, a�d damages including, but rot limited to, attorneys' fees. If such a claim or action arises, or ir. the GOVERNMENTAL UNiT's or the STATE's opinion is likely to azise, the GOVERNMENTAL UNIT shail, at the STATE's discretion, either procure for tlie STATE the right or license to use the inteltectua! property rights at issue or replace or modify the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the STATE shalt be in addition to, and not exclusive af, other remedies provided by ]aw. C. SURVNABILITY: The rights and duties of the STATE and the GOVERNMENTAL UNIT provided for above shall survive the expi�ation or cancellation of this Contract. loim Po.rers d¢reemem (�elcoh I& Gan bi ne Ent 1 o�-��- XIV. PUBLICITY: Any pubiicity given to the program, publications, or services provided resultin� from this Contract, induding, but not ]imited to, notices, infomtational pamphlets, press releases, research, reports, signs, and similaz public notices prepared by or for the GOVERNMENTAL L1N1T or its emp]oyees individually or jointly with others, or any subcontractors shall identify the STATE as the sponsoring agency and shall not be re]eased, unless such release is a specific part of an approved work plan induded in this Contract prior to its approva] by the STATE's Authorized Represencative. XV. WORKERS' COMPENSATION: (When applicable.) In accordance with the provisions of Minn. Stat. § 176182, as a�nended, the GOVERNMENTAL UNIT shall provide acceptable evidence of compliance with the workers compensation insurance coverage requirement of Minn. Stat. § 176181, Subd. 2, as amended, prior to the commencement of any duties to be performed under this Cont; act. XV I. ANTITRUST The GOVERNMENTAL UNIT hereby assigns to the State of Minnesota any and all claims for overcharges as to goods ancVor services piovided in connection witb this Contract resultin� from antitrust violations that arise under the antitrust laws of tiie Uni,ed States and the antitrust laws of the State of Minnesota. XVII. PROMPT PAYMENT TO SUBCONTRACTORS: (VJhzn applicaS,e.) GOV£RNMENTAL LJNIT is required to pay subcontractors pursuant to Minn. Stac. § 16A. L45. XVIIL NRI SDICTION AND VENUE This Contract and executed amendments tbereto, shall be �overned by the laws of the State of Mianesota. Venue for ail legal proceedings arisi�lg out of thls Contract, or breach tnereof, shall be in the state or rederai cowt with competent jurisdiction in Ramsey Counry, Minnesota. XIX. COMPLETE CONTRACT: Tbis Contract, ar�d amendments and supplements, constitutes the entire a�reement between the parties. XX. OTHER P ROViSIONS : None )oin� Powers Ayreemem (DPSIAIwtwl & Gambtin¢ Eof 1 4 IN '�JI'IT:ESS VIHEREOF, the parties have caused this Contract to be duly executed intending to be bound there6y. . O\— y''}— APPRO�'; B: 1. Encumbrance Verification: Signed: Date: Annual Ptan T number: 10703 2. GOVERNMENTAL UNIT: GOVER,�IMENTAL [JNIT certifies that the appropriate person(sj have executed the Contract on 6ehalf of the GOVERs�IMENTAL LJNIT as required by applicable artictes, by-laws, resotutions, or ordinances. B y�"� 4 � . Title ��`� d� ,��t C:e. Date � �� C� 3 � By T�tle Date )omt Pm�en Aeceemenv fDPS/dlmhoi & GambLne Enf 1