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01-848Q�'? �INAL Return Gopy To: Police Dept. Accounting Presented By: Referred To: 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 Committee:Date: WHEREAS, the Saint Paul Police Department has received a Criminal Gang Strike Force grant for the period from July 1, 2001 through June 30, 2003; and BE IT RESOLVED, that the City Council accepts this grant and authorizes the City to enter into, and Chief William �nney to implement the attached agreements with the State of Minnesota. 30 31 32 33 34 35 36 37 by Department of: Financial Services Director: Adopted by Council:Date: a a o Adoprion Certified by Council Sec ary: � By: a . �� Approved by Mayor:Date: BY� �"I /, StrikeForcegrantacceptance.cc2001 Council File # d � � ��r Green Sheet # 111813 RESOLUTION OF SAINT PAi3L, NIINNESOTA ao BY� ��.�. � Form ppr ved by City s Approve Mayor for BY� /i�ii� . � to Council: DEPARTMEN7/OFFICE/COUNCIL DATE INITIATED � � PoliceDeparhnent s/2/ot GREEN SHEET No. 111813 CON7A PERSON P INfnAVDA7E INRWJDnTE ChiefFinAey 292-3588 1 umexroirs�croa_ 5 fIYCO1INGL MUST BE ON COUNCIL AGENDA BY (DATE) O� Please process ASAP 3 n,ra,r�r I c=°� 1 L 1FMpN(.VJ.SSiVILF3Dt2 D' ))/� Hv m+wcuw.SERbAtGTG V� ] I► 1� � -r �rwYORIORlSASfANi)�(/� ❑NUYRNRIGiRS I�i '� / � TOTAL # OF SiGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolution accepting a Stnke Force grant from the Shte of Miuuesota and authorizing the City to eMer into, and (:hief William Finney to implement the attached agreements with the State of Minnesota. RECOMMENDATION AppfoVE (A) o� Rejed (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOH7NG OUESTIONS: 1. Has this persoNfirtn everworked under a cont2ctforthis depar[ment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Mas this personlfifin ever been a ciry emptoyee? CIVIL SERVICE COMMISSION YES NO 3. Dces this persoNfirtn possess a skill not rprtnally possessed by any curterrt ciry employee? YES NO 4. Is this personffrm a targeted vendoR YES NO Explain all yes answers on separete sheet and aHach to green sheet INITIATING PROBLEM ISSUE, O: POR7UNITY (WHO, WHAT, WHEN, WHffRE, WHI� The Saint Paul Folice Department k�as teceived a Sirike Force giant from the State of Minnesota for the period from July 1, 2001 tLrough June 30, 2003. The putpose of this grant is to idenrify, investigate, arrest, and prosecute gang members engaged in criminal activity. ADVAN7AGESIFAPPROVED Ability to accept grant funding to piosecute gang membexs engaged in criminal activiry. DISADVANTAGESIFAPPROVED None. DISADVANTAGES IF NOT APPROVED L°SS °f �t �"`�g. Gouncil �e�earch Cet►ter AU6 1 � �o� TOTAL AMOUNT OF TRANSACTION $ 724,00�_ COS'f�REVENI�€.-BUD6E7,ED (CIRCLE ON� YES NO FUNDING SOURCE State of Minn. Grant AC7NITY NUMBER 34155 FINANCIAL INFORMATION (F�(PLAIN) + StrikeForcegantacceptance.gs.2001 ,�. � - ` STATE OF MINNESOTA � GRANT AGREEMENT a � �, �� CRIMINAL GANG STRIKE FORCE (Overtime & Purchased or Leased Equipment, andlor Leased Vehicles) gFy Fund Agency Number Org/Sub Appr. Unit 02 �oo Po� ss�a sso 03 Entry Locn Object Code Reqvisi6on No_ Contracf No. Ocder No. 5g� A zsg a� Vendor Number Commodity Code Totai Obligation Total Obligation for FY 066790002-00 $193,920.00 � $��� 03: $96,960.00 THIS GRANT AGREEMENT, and amendments and supplemenu thereto, (hereinaRer "Ageement") is between the State of Minnesota, acting tluough its Commissioner of Public Saferi Office of Drue Policv and Violence Prevention(hereinafter "STATE"), which is empowered to enter into grant agreements pursuant to Minn.Stat. § 299A.01, Subd 2(4), and is further empowered to provide funding for the operation of the Strike Force pursuant to the Minn.Stat. § 299A.64 through 299A.66 and theLaws of Minnesota 2001, i st Special Session, Chapter 8, Article 4, Secflon 10, Subd., 7. and; Citv of St. Paul. St. Paul Police Deuartment, (hereinafrer "GRANT'EE"), a lceal law enforcement agency, sheriffs office, or other organization contributing members to the Cruninal Gang Shike Force, and autl�orized to accept state funds for the puipose of the STATE reimbursing the GRANTEE for expenses incurred and overtime salaries of GRANTEE'S members beinQ conhibuted bv the GRANTEE to the Criminal Gane Strike Force (hereinafter"Strike Force"1, and WAEREAS, the GRANTEE represents that it is duly qualified and willing to perform and carry out Yhe services and tasks set forth herein. -- - NOW, THEREFORE, it is agreed: I. GRANTEE'S DUTIES (Attach addirional pages if necessary which is incorporated by reference and made a part of this agreement.) GRANTEE shail: A. GRANTEE will carry out the tasks described below in this Agreement, and the tasks described and approved by the STATE and the Criminal Gang Oversight Council as stated in the GRANTEES application, hereby incotponted by reference and made a part of this Agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota. I. All members contributed by the GRANTEE to the Strike Force must be licensed peace officers or federal law enforcement agents found by the Minnesota Board of Peace Officer Standazds and Training to bave equivalent qualifications. 2. All members shall continue to be employed by the same entity by which they were employed before joining the Strike Force. However, while on the Strike Force members are under the exclusive command of the Strike Force. 3. GRANTEE agrees to abide by the bylaws and strategies, policies and procedures of the Council. 4. Also, to the greatest extent possible, members of the Strike Force will serve on the Strike Force for the entirety of its existence. 5. A member who desires to be transfeaed back to the position the member held before joining the Strike Force may request a hansfer from either the Suike Force regional commander, the Sh Force state wide commander, or the Criminal Gang Oversight Council (hereinafter called "Council"). The Council shall approve and arrange for the requested transfer as soon as is practicabie. F:\OD%Offic�alForms\Grants Templates�02A3GSFOTEq7-IO.dce CD00032-06 (04-22-96) Joint Powers Ageemrn[ lDPS-Ciri of St. Pan� (AAMIN.1O51j) Page I of7 The person in charge of the organization &om which the member came also may request that a member be transFerred back. In these instances, the Council shall approve and azrange for the requested transfer immediately or as soon as is practicable. 0 �.�y� The Strike Force commanders or the Council may also request that a member be transferred out of the Shike Force. In tl�ese instances, the Council shall approve and arrange for the requested transfer immediately or assoon as 9s practicable. If a member is transfeired from the Stnke Force, the person in charge of the organization from which the member came shall arrange for an experienced individual, acceptable to the Council to replace the transferred person on the Shike Force. If this azrengement cannot be made, any funds received under this Ageement must be repaid to the STATE on a prorated basis and with in 30 days. When a member is transferred in or out of the Strike Force, the GRANTEE shall provide the STATE'S Authorized Repcesentarive with a revised Criminal Gang Strike Force Member application. Once member lransfer is approved by the Council, the revised G7iminal Gang Strike Force Member application shall become a pazt of the GRANTEE'S application on file with the STATE. 6. Funds provided by this secrion of this Agreement aze for reimbursement to the GRANTEE for overtime hours, which includes benefiu, of the peison (member) worldng on the Saike Force. 7. Law enforcement officers who aze membeis of the Strike Force have statewide }urisdiction to conduct criminal investigations and possess the same powers of arrest as those possessed by a sheriff. 8. The GRANTEE agsees to conhibute equipment, vehicles, and otl�er support to the Suilce Force as stated and . documented in GRANTEE'S appro`ved and accepted grant application on file with the STAT'E. In all cases, all equipment and veLicles contributed to the Strike Force remains We property of the GRANTEE, and the GRANT'EE . - is solely responsible for all operating, maintenance, and tepair costs of the equipment and vehicles. The STATE is not responsible for loss or damage io equipment or vehicles contributed by the GRANTEE for use by the member contributed to the Shike Force. Should equipment and/or vehicles contributed by the GRANTEE need to be replaced by the GRANTEE during che life of this Agreement, the GRANTEE shall provide the STATE'S Authorized Representative with a revised Equipment/Other Support (Form S) from the Criminal Gang Strike Force Member application, and shall list the replacement equipment andlor vehicles on this revised form. The revised EquipmendOther Suppo�t (Form 5) sball then become a part of the GRANTEE'S application on file with the STATE. B. T6rough this Agreement, ihe GRANTEE shall also be reimbursed for cosu incuaed, and the GRANTEE agrees to cazry out the tasks described below in this Agreement and the tasks described and approved by the STATE and Council in the GRANTEE'S application which is on file with the STATE. 1. For all members contributed by the GRAN"I'EE to ihe Suike Force in which the GRAN"I'EE will purchase or lease equipment, ancllor'lease vehicles for the member to use while the member is working on the Shike Force, the GRANTEE requesu reimbursement for these costs as stated in Attachment I, of this Agreement. Attachmentl, is hereby incoiporated by reference and made a part of this Agreement. Purchased or leased equipment, and/or leased vehicles; however, shall not be the STATE'S responsibility, and the STATE shall not be responsible for the loss or damage of purchased or leased equipment, and/or leased vehicles by the GRANT'EE for use by the member contributed to the Strike Force. Also, in all cases, all equipment and vehicles contributed to the Strike Force shall remain the property of the GRANTEE, and the GRAN'TEE is solely responsible for all ogerating, maintenance, and repair costs of the equipment and vehicles. Non-consumable equipment purchased by the GRANTEE, in which the GRAN'1 EE receives reimbutsement from the STATE, shall be the property of the STATE; and shall be maintained by the GRANTEE throughout the life of this Ageement. The GRAN'I'EE shall return all purchased non-consumable equipment, pursuant to ihis Clause, to the STATE within 30 days of the expiration date, or termination or cancellation effective date of this Agreement. F:\ODP�O�cialFOrms\Grants Tempiates\02-03GSFOTEq CD00032-06 (04-22-96) Joint Powers Ageement SDpS'� ��Pa Se 2 oC� (ADMIN. 1051 j) g Should�equipment and/or vehicles owned or leased by [he GRAN"I�EE need to be replaced by [he GRANTEE during the life of this Agreement, the GRAI3�PEE shall provide the STATE'S Auihori2ed Representaiive with a revised Project Budget Narrative (Form 5) from [he Grant to Expand Local Capaciry to Combat Gangs application, and Q 1$1.� shalllist the replacement equipment and/or vehicles on this revised form. The revised Project Budget Narrative (Form 5) shall then become a part of the GRANTEES applicarion on file with the STATE. Renlacement of eyuinment andlor vehicles o�vned or leased bv the GRANTEE is NOT a covered reimbursement of this Apreement 2. It is further understood that the STATE shall only reimburse the GRANTEE for reimbursable cosu obligated by the GRANTEE during the life of this Agreement and not beyond. 3. Reimbursement for GRANTEES purcbase of a vehicle is not authorized by this Agreemen� II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration fox all services performed and goods or materiais supplied by the GRANTEE pursuant to Clause I, Section A., of this Agreement (Overtime) shall be paid by the STATE as follows: 1. Reimbursement to the GRANTEE shall be 100% of the person's (member's) overtirue salary, wluch includes benefiu, of the person (member) contributed to the Strike Force, and shall be in compliance with the budget outline included in Attachment 1, of this Agreement. 2. The total obligation of the STATE for all compensation and reimbursements to the GRANTEE shall not excezd $42 000 00 (Fortv-two Thousand DOLLARS and no/100), from July I, 2001 through June 30, 2002 and an additiona] amount of �42 000 00 (Fortv-two Thousand DOLLARS and no/1001, from July 1,2002, through June 30, 2003. Funds not expended by Ehe GRANTEE during the first state fiscal yeaz of tl�is Agreement will be cance`Ied -=� _ and re-established in the`seoond year of the Agreement. - B. Consideration for all services performed and goods or materials supplied by the GRANTEE pursuant to Clause I, Section B., of this Agreement (Purchased or Leased Equipment and/or Leased Vehicles, and for clerical support) will be paid by the STATE as foliows: 1. Reimbursement to the GRANTEE for purchased or leased equipment, and/or leased vehicles through this Agreement shall not exceed $109 920 00 (One Hundred Nine Thousand Nine Aundred Twentv DOLLARS and no/100 and shall be in compliance with the budget outline included in Attachment 1, of this Agreement. 2. The total obligation of the STATE for all compensation and reimbursemenu to the GRt1NTBE shall not cxceed $54 960 00 (Fiftv Four Thousand Nine Hundred Sistv DOLLAI2S and no/1001 from July 1, 2001 through June 30, 2002, and an additional amount of$54 960 00 (FiBv Four Thousand Nine Hundred Siatv DOLLARS and no/100 from July 1, 2002, through June 30, 2003. Funds not expended by the GRANTEE during the first state fiscal yeaz of this Agreement will be canceled and re-established in the second year of the Agreement. C. The TOTAL OBLIGATION of the STAT'E for all compensarion (overtune) and reimbursement (purchased or leased equipment and/or leased vehicles) to the GRANTEE shall not exceed$96 960 00 INinetv-Six Thousand Nine Aundred Siatv DOLLARS and nol100) from July 1, 2�01 tluough June 30, 2002; and shall not exceed the additional amount of $96 960 00 INinetv Six Thousand Nine Hundred Siari DOLLARS and nol1001, from July 1, 2002, through June 30, 2003. D. Terms of Payment. 1. Payments to the GRANTEE will be made by the STAT'E at least quarterly but not more often than monthly and on a reimbursement basis. Final invoice pertaining to the first state fiscal yeaz of this Ageement must be received by July 31, 2002. Reimbursements from the second state fiscal yeaz may commence on or aRer July 1, 2002- Final yeaz's invoice amount for the first state fiscal yeaz of this Agreement shall be net of any and all advances received from the STATE for that yeaz. The final invoice pertaining to the second yeaz of this Ageement must be received by July 31, 2003. F:\ODP�OfS cialFomss\Gnn�s Templales\02-03GSFOTEq7-I O.doc CD00032-06 (04-22-96) Joint Powers Agreemrnt (DPS-Ciiv Pa S e 3 of7 (ADMIN. ]OSIj) _ , g 2. Payments shall be made by [he STATE promptly afrer GRANTEE'S presentarion of invoices for services performed and acceptance of such services by Ihe STATE'S Authorized Representative, pursuant [o Clause VII, of this Agreement. Expenditures for each state fiscal year of this Agreement must be for services perfoimed within O`` b.� � applicable state fiscal years. 3. Upon GRANTEE'S request, an advance payment may be made afret this Agreement is fully executed, in an amount not to exceed 25%percent of the fust state fiscal yea�s budget total as determined necessary for execution of GRANTEE'S obligarions. 4. The GRANTEE will be reimbursed for all overtime worked by the contributed member up to but not to exceeding $8,400.00 per member, per state fiscal yeu. 5. The GRANTEE shall be reimbursed for clerical support in accordance with the budget request outline in Attachment 1., of this Agreement. 6. The GRANTEE will be reimbursed for each leased vehicle leased by the GRANTEE for use by the member conhibuted to the Strike Force. ' 7. Invoices for reunbursement shall be filed in azreazs at least quarterly, but not more often thanmonthly, and within 30 days of the period covered by the invoice for work satisfactorily performed. Invoices must be submitted using the form provided by the STAT'E'S Authorized Representative, and must be sent direcdy to Jeri Boisvert, or her successor in office, Department of Public Safery, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Squaze, St. Paul, MI3 55101-5100. 8. Payments aze to be made from State funds obtained by the STATE and authorized by theLaws of Minnesota 2001, Ist Special Session, Chapter 8, Article 4, Section 10, Subd,7. If at any time such funds become una"va�able; .- this Agreement shall be terminated immediately upon written notice of such fact by the STAT'E to the GRAN"I'EE: : In the event of such termination, the'GRANT'EE shall be entitled to payment, detemiined on a pio rnta basis; for "-- ,^-, services satisfactorily perFotmed for which State funds aze available. The GRANTEE agrees to return any unused funds to the STATE within 30 days of the effective termination date. 9. The GRANTEE will expend funds allocated for this program according to the attached budget oudine(s) specified in Attachment 1 of this Agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories. Therevised budget must be approved by the STATE'S Authorized Representative before any expenditures can be made based on the revised budget. 10. The GRAN"TEE agrees to retum any unused funds to the STATE unlessprior approval for an extension has been granted by the STATE'S Authorized Representative and an amendment to the Agreement has been duly executed. Unused fuuds must be retumed to the STATE within 30 days of ihe ending date of each state fiscal year of this Agreement. 1 I. When a member is transferred in or out of the Strike Force, the GRANTEE shall provide the STATE'S authorized representative with a revised Criminal Gang Strike Force Member application. Once member tsansfer is approved by the Council, the revised Criminal Gang Strike Force Member application shall become a part of the GRAN'I`EE'S application on file with the STATE. III, CONDTTIONS OF PAYMENT All services provided by the GRANTEE pursuant to this Agreement shall be performed to the satisfaction of the STATE, as deteimined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, mle or regulation. IV. FAILIJRE TO COMPLY The GRANTEE agrees ro return funds to the STATE for any work the STATE in iu sole discretion determined to be unsatisfactory or performed in violation of federal, state or local law, ordinance, mle or regulation. F:\ODP\OfliciatForms\Grants Templates\02A3GSFOTEq7 CD00032-06 (04-22-96) Ioin[ Powers Ageement J of St Pau (ADMIN. IOSIj) Page4 of'7 � V. REDUCTION SUSPENSION OR TERMINATION OF FUNDING If an GRANTEE does not fulfill obligations under the Agreement in a timely and proper manner, or if an GRANTEE violates conditions of the Agreement, the STATE may reduce, suspend, or terminate funding with a 30-day notice of the effective date of [he action. The GRANTEE shall be entitled to � payment for work ot service satisfactorily perfomted for which state funds are avai]able. � VI. TERMS OF AGREEMENT This Agreement shall be effective upon ihe date that the fmal required sig�ahue is obtained by the STATE, puisuant to Minn. Stat. § 16C.05, Subd_ 2, and shall remain in effect unril June 30, 2003, or until all obligations set forth in this Agreement have been satisfactorily ful£Iled, whichever occurs first VII. STATE'S AU"If�ORIZED REPRESENTATIVE The STATE'S Authorized Representative is Jeri Boisvert, address Aepartment of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Squaze, Sk Paul, MN 55101-5100 or his/her successor, and has the responsibility to monitor the GRANTEES performance and the authority to accept the services provided under this Agreement. If the services are satisfactory, the STATE S authorized representative will certify acceptance on each invoice submitted for payment. The GRANTEE'S Authorized Representative is William Finnev St Paul Police Department 100 East l lth Street, St. Paul. Minnesota 55101. If the GRANTEE'S Authorized Representative changes at any tune during this Agreement, the GRANT'EE must immediately notify the STATE. VIII. REPORTTNG GRANTEE will advise the STA1'E conceming program progress through such reasonable means as the STATE may find convenient. These will include the following, and shall be submitted to:Jeri Boisvert, or her successor in office, Department of Public Safery, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Square, St. Paui, MN 55101-5100. A. The GRANT'EE will advise the STATE conceming the program progress through the submission of quarterly reports as requued by the STAT'E'S Authorized Representarive. B. Submission of a final evaluation7eport within 30 days afrer the teTminarion date of Uils Agreement. C. Submission of a finai expenditure report within 30 days after the termination oFthis Agreement. D. GRANTEfi shall make any and all prograzn records, reports and other data available to the STATE upon reques[; this includes submission of copies of any reports, data, surveys (including survey inshuments), or other materials for review and comment before they aze prepazed in final form, and six copies of all materiais produced by the program following production of the materials. E. If initiated, participation in statewide data collection and cooperation with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual progratn evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRANTEE will establish a separate account of this program and will maintain fiscai records in accordance with generaily acceptabie accounting principles. GRANT'EE'S records, dceuments, and accounting procedures and practices for this program shall be subject to the examination of the STAT'E and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six year from the end of this Agreement. Fiscal records shall be retained for a period of six years following submission of the fmal report. B. Under Minn. Stat § 16A5, subd. 5, the GRAN'TEE'S books, records, documenu, and accounting procedures and practices relevant to this Agreement are subject to examinarion by STA"i'E and/or State Auditor of Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. X. NONDISCRIMINATION. As a condition of receiving support for this program, the GRANTEE assures that it will meet all appiicable requiremenu of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil righu statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the STATE. F:\ODP\O�cialFom�s\Grants Templatesl02-03GSFOTEq CD00032A6 (04-22-96) 7oint Powers Agreemrnt (DPS-C'tv of St. PauB (ADMIN. I OS l j) Page S of 7 XII. OWNERSHIP OF DOCi7MENTS AND PRODUCIS. Any reporis, studies, photographs, negatives, instrumen[s, cumculum, videotapes, training manuals, media messages, or other documents or products (hereinafrer called documents or products) t f{ r prepazed by or for the GRANTEE in the performance of its obligations under this Agreement shall be exclusive property of O � the STATE. All such documents or products shall be remitted to the STATE by the GRANTEE upon completion, termination, or cancellation of this Agreement. GRANTEE shall not use, willingly allow, or cause to have such materials used for obligations under this Agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. All right, ritle and interest in all copyrightable material which the GRANTEE sLall conceive or originate either individvally or jointly with othe�, and which arises out of the performance of tius Agreement, will be the property of the STATE and aze by this Agreement assigned to ihe STATE along with ownership of any and all copyrights of the copyrightable material. GRANTEE also agrees, upon the reqnest of the STAT'E, to execute all papers and perFo7m all other acts necessary to assist the STATE to obtain and register copyrights on such materials. Where applicable, works of authorship created by the GRANTEE for the STATE in performance of this Agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. XIV. AMENDMENT. Any amendments to this Agreement shall be in writing, and shall be executed by the same parties who exewted the original Agreement, or their successors in office. XV. LIABILITY. GRANTEE agrees to indemnify, save, and hold harmless the STATE, its representatives and employees from any and all claims or causes of action, including all reasonable attomey's fees incucred by the STA1'E, arising from the performance of this Agreement by GRANTEE or GRAN'I'EES agenu or employees. Except, in accordance with the grovisions of Minnesota Statutes Section 299A.65, while operating under the scope of Minnesota Statute Section 299A.65, members of the Strike Force aze "employees of the state" as defined in secfion 3.736 and are considered employees of the Department of Public Safety for pucposes of Chapter 176. This clause shall not be construed to bar any legal remedies GRAN'I'EE may have for the STAT'E'S failure to fulfill its obligadons pursuant to this Agreement. ,, XVI. WORKERS' COMPENSATION. GRANTEE certifies ihatit has complied with the workers' compensation insurance '_ -= coverage requirement of ihe Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of �, Minnesota Stamtes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Shike Force aze "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for puiposes of Chapter 176. XVII. GOVERNMENT DATA PRACTTCES ACT. The GRP,NTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STAT'E in accordance with this Agreement and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this clause by either the GRANTEE or the STATE. In the event the GRANTEE receives a request to release the data referred to in this ciause, the GRANTEE must unmediately notify the STATE. The STATE will give the GRAN'TEE instructions conceming the release of the data to the requesting party before the data is released XVIR. 7URISDICTION AND VENUE. This Agreement, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for alllegal proceedings arising out of thisAgreement, or breach thereof, shail be in the state or fedemi court with competent jurisdiction in Raznsey County, Minnesota. XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to pxovide the STATE with a certificate(s) of insurance, or a statement of seif-insurance, nazning the STATE as an additional insured under the policy(s) prior to the execurion of this Agreement for the following coverage: A. GRAN"I'EE owned or leased vehicies being conhibuted to the Strike Force: F:\ODNORc�alForms\Granls Templa[es\02-03GSFOTEq CD00032-06 (04-22-96) Join[ Powers Ageemrnt (DPS{'�tv of St PauL (ADMIN. I OS I j) Page 6 of 7 Automobile Liabiliry. GRANTEE agrees to provide automobile liability coverage on all GRANTEE owned or leased veh�cles. The ]imi[s of liability for such coverage must be $300,000.00 for bodily injury and property daanage per person, and $1,000,000.00 bodily injury and property damage per occurzence during the period of July 1, 2001 through June 30, 2003. � t�� �� Should the GRt1N'I'EE need to replace an owned or leased vehicles during the life of this Agreement, the GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an addirional insured under the policy(s). This must be done at the time that the vehicle is replaced, see additional infoimation in Clause I., Secrion A., item 8, and/or Clause I., Section B., item 1., of this Ageement. XX. DATA DISCLOSURE. Under Minn. Stat. § 270.66, and other applicable law; the GRANTEE consenu to disclosure of its social security number, federal employer taY identification number, andlor Minnesota tas identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state taY ]aws which could result in action requiring the GRANTEE to file state tas retums and pay delinquent state taz liabilities, if any. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. APPROVED: 1. City of . GRANTEE certifies pgeement on behal laws, resolutions, or By Title Date By Title Date pe�on(s) have executed the as required by applicable articles, by- 2. STATE (DEPARTMENT OF PUBLIC SAFETS� By (auNorized signahtte) Title 3. ENCUMBERED BY: �'J-e �.'�/: `U �.: �CS U n ol C< rT��.�.� � l"��-'-� S�ec 7 J F:\ODP\OfficialFortns\Grants Templates\02-03GSFOTEq7-IO.doc CD00032-06 (04-22-96) Joint Powers Agreemrnt (DPS-C�tv of St. PauA (ADMiN. IOSIj) Page7 ofl r.. ATTACHMENT 1 0 � -�y� GANG STRIKE FORCE BUDGET Year 1 Juty 1, 2001- June 30, 2042 Year 2 Juty 1, 2002 — June 30, 2003 Salary & Fringe $ 42.000 Salary & Fringe $ 42,000 Overtime for 5 Officers @$8,400 Overtime for 5 Officers @$8,400 $ Contracted Services $ Contracted Services Training $ : Training $ TraveUTransportation $ 54 960 TraveUTransportation 54 960 Vehicle Leasing Vehicle Leasing Equipment $ Equipment $ Office Eapenses $ Office Expenses $ Pmgram Expenses $ Program Ezpenses $ YEAR 1 TOTA1 $96,960 YEAR 2 TOTAL $96,960 TOTAL $193,920 . •; � STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Criminai Gang Strike Force - Reimbursement Grant 0�-�4Y SFY Fund Agency Number Org/Sub Appr. Unit 02 100 P07 6910 690 03 Entry Locn Object Code Requisition No. Contract No. . Order No. `\ 5soo �t2���t� Vendor Number CommodiN Code Total Obligation ToNal Obliqation for FY 066790002-00 Q'Z� — p ° $290,000.00 03: $145,000.00 THIS COOPERATIVE AGREEMENT, by aad between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevention ("STATE") and the City of St. Paui, St. Paul Police Department ("GRANTEE"), witnesseth that: WHEREAS, the STATE is the agency responsible for administration of funds available to the State of Minnesota under provisions of Minnesota Statutes 299A.66, Subdivision 1 and 2, the Laws of Minnesota 2001, 1st Special Session, Chapter 8, Articie 4, Section 10, Subd. 7, to fund the organization and operation of ihe Criminaf Gang Ovessight Council and Strike Force described in Minnesota Statutes, 299A.64; and WHEREAS, the STATE is also authorized under provisions of Minnesota Statutes 299A.66, $ubdivision 1 to award ,_�?_-; .`--°°= _ grants to locai law enforcement agencie§, sheriff's offices, and other organizations that have contributed members tolhe._ _:- Criminai Gang Strike Force and are required to hire new persons to replace those who have joined the Strike Force; and WHEREAS, GRANTEE is authorized to accept state funds for this purpose; and WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks associated with the Criminal Gang Strike Force; NOW, THEREFORE, the STATE and GRANTEE agree as foiiows: SCOPE, PURPOSE, AND TASKS OF AGREEMENT. GRANTEE will carry out the tasks described below in this grant agreemeni, and the tasks described and approved by the STATE and the Criminal Gang Oversight Councii as stated in the GRANTEE'S appiication, hereby incorporated by reference and made a part of this grant agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota. A. All members contributed by the GftANTEE to the Criminat Gang Strike Force {"Strike Force") must be licensed peace officers or federai law enforcement agents found by the Minnesota Board of Peace Officer Standards and Training to have equivalent qualifications. B. Aii members shall continue to be employed by the same entity by which they were employed before joining the Strike Force. However, whi4e on the Strike Force members are under the exclusive command of the Strike Force. C. GRANTEE agrees to abide by the by-law and strategies, poficies and procedures of the Council. D_ Atso, to the greatest extent possible, members of the Strike Force will serve on the Strike Force for the entirety of its existence. Page 1 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc :� o� -a�yr E. A member who desires to be fransferred back to the position the member held before joining the Strike Force may request a transfer from either the Strike Force regional commander, the Strike Force state wide commander, or the Criminal Gang Oversight Councii (hereinafter called "Council"). The Council shall approve and arrange for the requested transfer as soon as is practicable. The person in charge of the organization from which the member came also may request ihat a member be transferred back. In these instances, the Council shall approve and arrange for the requested transfer immediafely or as soon as is practicabie. ' The Strike Force commanders or the Council may aiso request that a member be transferred out of the Strike Force. In these instances, the Council shall approve and arrange for the requested trarisfer immediately or as soon as is practicable. If a member is transferred from the Strike Force, the person in charge of the organization from which the member came shalt arrange for an experienced individual, acceplable to the Councit to repiace the transferred person on the Strike Force. If this arrangement cannot be made, any grant funds received under Minnesota Statutes, Section 299A.66, Subdivision 1, must be repaid to the STATE on a prorated basis and within 30 days. When a member is transferred in or out of the Strike Force, GRANTEE shail provide the STATE'S authorized representative with a revised Member Replacement Grant application. Once member transfer is approved by the Council, the revised Member Replacement Grant application sha11 become a part oE the GRANTEE'S application on file with the STATE. F. Funds provideci by this grant agreement must be used by the GRANTEE to h+re a new person to replace the person (member) who joined tt�e Strike Force.. Grant funds may not be used to pay for equipment or uniforms. G. Law enforcement officers who are members of the Strike Force have statewide jurisdictio� to conduct criminal _ investigations and possess the same powers of arrest as those possessed by a sheriff. H. The STATE is not responsib4e for loss os damage to equipment or vehicles contributed by the GRANTEE for use by the member contributed to the Strike Force. I. GRANTEE agrees to contribute equipment, vehicles, and other support to the Strike Force as stated and documented in GRANTEE'S approved and accepted grant appiication on file with the STATE. In ail cases, all equipment and vehicles contributed to the Strike Force remains the property of the GRANTEE, and the GRANTEE is sotely responsibte for all operating, maintenance, and repair costs of the equipment and vehicles. Should equipment and/or vehicles need to be replaced by the GRANTEE during the life of this grant agreement the GRANTEE shali provide the STATE'S authorized representative with a revised Equipment/Other Support (Form 5) from the Member Replacement Granf appiication, and shall list the repiacement equipment and/or vehicles on this revised form. The revised EquipmenVOther Support (Form 5) sha!I then become a part of the GRANTEE'S application on file with the STATE. II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials suppiied by the GRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: 1. Reimbursement to the GRANTEE shall not exceed the total doilar amount spec�ed in Attachment 1 ofi this grant agreement for the salary, which includes benefits, of the person (member) contributed to the Strike Force, and shall not exceed �145 000 00 (One Hundred Fortv-Five Thousand and no/100 Doilars), for state fiscal year 2002 (July 1, 2001, through June 30, 2002), and an additional 5145 000 00 (One Hunared Fortv- Five Thousand and no/100 Dollarsl, for state fiscai year 2003 (July 1, 2002, through June 30, 2003). Funds not expended by the GRANTEE during the first state fiscalyear of this grant agreement will be canceled and wiil be re-established in the second year of the grant agreement. Attachmeni 1 is hereby incorporated by reference and made a part of this grant agreement. B. Terms of Payment. Page 2 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � a � -Yv1' 1. Payments fo the GRANTEE will be made by the STATE at least quarteriy but not more often than monthiy and on a reimbursement basis. Final invoice pertaining to the first state fiscal year of this grant agreement must be received by July 31, 2002. Reimbursements from the second state fiscal year may commence on or after July 1, 2002. Final yeats invoice amount for the first state fiscal year of this grant agreement shall be net of any and all advances received from the STATE for that year. The final invoice pertaining to the , second year of this grant agreement must be received by July 31, 2003. 2. 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 lo Clause VII, of this grant agreement. Expenditures for each state fiscal year of this grant agreement must be for services performed within applicable state fiscal years. 3. Upon GRANTEE'S request, an advance payment may be made after this grant agreement is fully executed, in an amount not to exceed 25% percent of the first state fiscal year's budget total, as determined necessary for execution of GRANTEE'S obligations. 4. Reimbursement to the GRANTEE shail not exceed the salary, which includes benefits, of the person (member) contributed to the Strike Force. Salary's of person (member) contributed to the Strike Force are included in the GRANTEE'S application on file with the STATE and approved by the STATE and Council. 5. GRANTEE must use the funds provided by this grant agreement to pay the salary and benefits of a new o�cer hired to fill the contributed officer's (member's) position. 6. Invoices for reimbursement shall be filed in a�rears at least quarterly, but not more often than monthly, and_, ,__;_ : within 30 days of the period covered by the invoice for work satisfactorily performed. Invoices must be _ submitted using the form provided by the STATE'S authorized representative, and must be sent directly to: Jeri Boisvert, or her successor in o�ce, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Sfreet, Suite 100, Town Square, St. Paui, MN 55101-5100. 7. Payments are to be made from State funds obtained by the STATE through the Criminal Gang Strike Force, authorized by Minnesota Statutes 299A.66, Subdivision 1, theLaws of Minnesota 2001, 1st Special Session, Chapter 8, Article 4, Section 10, Subd. 7. if at any time such funds become unavailable, this grant agreement shaii be terminated immediately upon written notice of such fact by the STATE to GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed for which State funds are availabie. The GRANTEE agrees to return any unused funds to the STA7E within 30 days of the effective termination date. 8. The GRANTEE will expend grant funds allocated for this program according to the attached budget outline specified in Attachment 1, of this grant agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories specified for each state fiscal year of this grant agreement. The revised budget must 6e approved by the STATE'S authorized representative before any expenditures can be made based on the revised budget. 9. The GRANTEE agrees to return any unused funds to the STATE uniess prior approval for an extension has been granted by the STATE'S authorized representative and an amendment to the grant agreement has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending date of each state fiscal year of this grant agreement. 10. When a member is transferred in or out of the Strike.Force, GR.4NTEE shail provide the STATE'S authorized representative with a revised Member Replacement Grant application. Once member transfer is approved by the Council, the revised Member Replacement Grant application shall become a part the GRANTEE'S appiication on file wiih ihe STATE. 111. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE as determined in the sole discretion ot its Authorized Representative, and in accordance with ali applicable federal, state, and local laws, ordinances, rules and regulations. GRANTEE Page 3 of b F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-lb.doc � c� -r�►i� shali not receive payment for work found by the STATE to be unsatisfactory, or performed in a violation of federal, state, or local law, ordinance, rule, or regulation. IV. FAI�URE TO COMPLY. The GRANTEE agrees to return funds to the STATE for any work the STATE in its sole discretion determined to be unsatisfactory or performed in violation of federal, state or Iocal law, ordinance, rule or regulation. V. REDUCTION, SUSPENSION, OR 7ERMINATION OF FUNDING. If a GRANTEE does not fuifill obiigations under the grant agreement in a timely and proper manner, or if GRANTEE violates conditions of the grant agreement, the STA7E may reduce, suspend, or terminate fiunding with a 34-day notice oF the effective date of the action. GRANTEE shall be entitled to payment for work or service satisfactorily performed for which stste funds are available. VI. TERMS OF GRAN7 AGREEMENT. This grant agreement shall be effective on July 1, 2001, or upon the date that the final required signature is obtained by the STATE, pursuant to MS 16C.05, Subd. 2, whichever occurs later, and shall remain in effect until June 30, 2003, or until all obligations set forth in this grant agreement have been satisfactorily fu�iled, whichever occurs first. VII. STA"fE'S AUTHORIZED REPRESENTATIVE. The STATE'S Authorized Representative perFormance and the auth satisfactory, the STATE'S The GRANTEE'S Authorized 100 or hisiher successor, and has the responsibi4ity to monitor the GRANTtE'S to accept the services provided under this grant agreement. If the services are iorized Representative will certify acceptance on each invoice submitted for payment. is ice Ueoartment �uu tas[ - i - im � - changes at any time during this,`_ - Street St Paul. Minnesota 551Q0. If the GRANTEE'S Authorized Ke grant agreement, the GRANTEE must immediately notify the STATE. VIII. REPORTING. GRANl EE wilt advise the STATE concerning program progress through such seasonable means as the STATE may find convenient. These will include the following, and shall be submitted to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Square, St. Paul, MN 55101-5100. 1. 7he GRANTEE will advise the STATE concerning the program progress through the submission of quarterly reports as required by the STATE'S Authorized Representative. B. Submission of a final evaluation report within 30 days after the termination date of this grant agreement. C. Submission of a final expenditure report within 30 days after the termination of this grant agreement. D. GRANTEE shall make any and aii program records, reports and other data available to the STATE upon request; this inciudes submission of copies of any reports, data, surveys (inciuding survey instruments), or other materials for review and comment before they are prepared in final form, and six copies of ail materials produced by the program following production of the materials. E. If initiated, participation in statewide data collection and cooperation with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual program evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRAN7EE will estabiish a separate account of this program and will maintain fiscai records in accordance with generaAy acceptable accounting principles. GRANTEE'S records, documents, and accounting procedures and practices for this program shall be subject to the examination of the STATE and/or the State Auditor or Legislative Auditor, as appropriate for a minimum of six years from the end of this grant agreement. Fiscal records shall be retained fos a period of soc yeass following submission of the final report. Page 4 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � o �_ryr B. Under Minn. Stat. 16.05, subd. 5, the GRANTEE'S books, records, documents, and accounting procedures and practices relevant to this grant agreement are subject to examination by the STATE and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. X. NONDISCRIMlNATION. As a condition of receiving support for this program, GRANTEE assures that it will meet ali applicable requirements of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil rights statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. XII. OWNERSHIP OF DOCUMENTS AND PRODUCTS. Any reports, studies, photographs, negatives, instruments, curriculum, videotapes, training manuals, media messages, or other documents or products (hereinafter called documenis or products) prepared by or for GRANTEE in the performance of its obligations under this grant agreement shall be exclusive property of the STATE. All such documents or products shall be remitted to the STATE by GRANTEE upon completion, termination, or canceliation of this grant agreement. GRANTEE shali not use, willingly allow, or cause to have such materials used for obligations under this grant agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. Ail right, title and interest in all copyright able material which GRANTEE shafl conceive or originate either individually or jointly with others, and which arises out of the performance of this grant agreement, will be the property of the STATE and are by this grant agreement assigned to the STATE along with ownership of any and all copyrights of the copyright abie material. GRANTEE also agcees, upon the request of the STATE, to execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights on such materiais. Where applicable, works of authorship created by GRANTEE for the STATE in performance of this grant agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. _ XlV. AMENDMENT. Any amendments to this grant agreement shall be in writing, and shall be executed by the same parties who executed the original grant agreement, or their successors in o�ce. XV, LIASILITY. GRANTEE agrees to indemnify, save, and hotd harmless the STATE, its representatives and employees from any and all claims or causes of action, including all reasonable attorney's fees incurred by the STATE, arising from the performance of this grant agreement by GRANTEE or GRANTEE'S agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. 7his cfause sha11 not be construed to bar any legaf remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this grant agreement. XVI. WORKERS' COMPENSATtON. GRANTEE certifies that it has compVied with the workers' compensation insurance coverage requirement of the Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. XVII. GOVERNMENT DATA PRACTICES ACT. The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to ail data provided by the STATE in accordance with this grant agreement and as it applies to all data created, coliected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this grant agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this clause by either the GRANTEE or the STATE. in the event the GRANTEE receives a request to release the data referred to in this ciause, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the request+ng pasty before the data is released. XVIII. JURISDICTION AND VENUE. This grant agreement, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue 4or all tegal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. Page 5 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc i�.'� • ) o�-r�r XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s) prior to the execution of this grant agreement for the following coverage: A.GRANTEE owned or leased vehicles being contributed to the Strike Force: Automobile Liability: GRANTEE agrees to provide automobile liability coverage on all GRAkNTEE owned or leased vehicles. The limits of liability for such coverage must be $300,000.00 for bodily injury and property damage per pesson, and $1,000,000.00 bodily +njury and property damage per occurrence during the period of, July 1, 2001 through June 30, 2003. Shouid the GRANTEE need to replace an owneci or leased vehicies during the life of this grant agreement, the GRANTEE agrees to provide the STATE with a cert�cate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s). This must be done at the time that the vehicle is replaced, see additional information in Clause I, Paragraph f, of ihis grant agreement. XX. DATA DISCLOSURE. Under Minn. Stat. § 270.66, and other applicable law, the GRANTEE consents to disclosure of its social security number, federal employer tax ident�cation number, and/or Minnesota tax identification number, already provided to ihe State,lo federai and state tax agencies and state personne{ involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the GRANTEE to file state tax returns and pay delinquent state tax liabilities, 'rf any. IN WITNESS WHEREOF, the parties have caused the grant to be duly executed intending to be bound thereby. 1. City o Paui The GRANTEE ce ° fhe grant agreement on applicable articfes, by-1� By: Title: Date: By: Tifle: 3. CI By: Date: hereto. e appropriate person(s) have executed of ihe GRANTEE as required by a{utions. or ordinances. 2. DEPARTMENT OF PUBLIC SAFETY (with delegated authoriry) /% � By: Title: �e nt and o liga6ng GRANTEE to the condiGOns,of the gran�greement, must be author¢ed. T�c` GRANTEE to enter i�to this grant agreement and designating persw�{s) to execute this grant agreen ,.�.� c� C r, �: 1" � r 2. ,-.� �� '� � q F C% �- , i copy or vie must be attached �r'--e. S�ee 1 Page 6 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � ATTACHMENTI o�-r+�t� GANG STRIKE FORCE BUDGET Year 1 July i, 2001- Juue 30, 2002 Year 2 July 1, 2002 — June 30, 2003 Salary & Fringe $ 145,000 Salary & Fringe $ 145,000 3 GSF Members @$35,000 each 3 GSF Members @$35,000 each 1 Supervisor @$40,000 1 Supervisor @$40,000 $ Contracted Services $ Contracted Services Training $ _ Training $ TraveUTransportation $ TraveUTransportation $ `�'hquipment $ Equipment $ Office Expenses $ Office Expenses $ Program Expenses $ Program Ezpenses $ YEAR 1 TOTA1 $145,00� YEAR 2 TOTAL $145,000 pTAL $ 290,000 �_ STATE OF M{T3NESOTA a � � DEPARTMENT OF PUBLIC SAFETY Criminal Gang Sfrike Force - Statewide Commander Reimbursement Grant SFY Fund Agency Number Org/Sub Appr. Unit 02 �pp pp7 6910 690 03 Entry Locn Object Code Requisition No. Contract No. Order No. �3 5aoo �25 �'S(o Vendor Number Commodity Code Total Obligation Total Obligation for FY oss�s0002 b Z � _ $zao,os7.00 02 $117.sas.00 � � 03 $122,244.00 THIS COOPERATIVE AGREEMENT, by and between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevenrion ("STATE") and the City of St. Paul, St. Paul Police Department, ("GRANTEE"), witnesseth that: WHEREAS, the STATE is the agency responsible for administration of funds available to the Stat� of ___, _._ Minnesota under provisions of Minnesota Statutes 299A.66, Subdivision 1 and 2, and the Laws of Minnesota 2001, lst Special Session, Chapter 8, Article 4, Section 10, Subd. 7, to fund the organization and operation of the Criminal Gang Oversight Council ("Council"), and Strike Force described in Minnesota Statutes, 299A.64; and WHEREAS, the STATE is also authorized under provisions of Minnesota Statutes 299A.66, Subdivision l to award grants to local law enforcement agencies, sheriffs offices, and other organizations that have contributed members to the Criminal Gang Strike Force ("Strike Force"), and are required to hire new persons to replace those who have joined the Strike Force; and WHEREAS, GRANTEE is authorized to accept state funds for this purpose; and WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks associated with the Criminal Gang Strike Force; NOW, THEREFORE, the STATE and GRANTEE agree as follows: I. SCOPE, PURPOSE, AND TASKS OF AGREEMENT. GRANTEE will carry out the tasks described below in this grant agreement and the tasks described and approved by the STATE and the Council as stated in the GRANTEE'S applicarion, hereby incorporated by reference and made a part of this grant agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Squaze, St. Paul, Minnesota_ GRANTEE will also contribute Lieutenant Ron Ryan, an employee of the GRANTEE, to be a member of the Strike Force. As a member of the 5trike Page 1 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc d o�-r4r Force, Lieutenant Ryan will also be the Statewide Criminal Gang Strike Force Commander (`Statewide Commander") as designated and appointed by the Council. A. All members contributed by the GRANTEE to the Criminal Gang Strike Force ("Strike Force") must be licensed peace officers or federai law enforcement agents found by the Minnesota Boazd of Peace Officer Standards and Training to have equivalent qualifications. B. All members shall continue to be employed by the same entity by which they w.ere employed before joining the Strike Force. However, while on the Strike Force members are under the exclusive command of the Strike Force. The Statewide Commander is under the exclusive command of the Council. C. GRANTEE agrees to abide by the by-law and strategies, policies and procedures of the Council. D. Also, to the greatest extent possible, Lt. Ryan will serve as Statewide Commander of the Strike Force for the enrirety of its existence. E. Should the Statewide Commander desire to be transferred back to the position he held before joining the Strike Force, the Statewide Commander may request a transfer from the Council. The Council shall approve and arrange far the requested transfer as soon as is pracficable. _ The person in charge of the organization from which the Statewide Commander came also may request that a Statewide Commander be transferred back. In this instance, the Council shall approve and arrange for the requested transfer immediately or as soon as is practicable. The Council may also request that the Statewide Commander be transferred out of the Strike Force. In this instance, the Council shall approve and arrange for the requested transfer immediately or as soon as is practicable. If the Statewide Commander is transferred from the Strike Force, this grant agreement shall be terminated, and any grant funds receive under Minnesota Statute, Section 299A.66, Subdivision 1, and the Laws of Minnesota 2001, Ist Special Session, Chapter 8, Article 4, Section 10, Subd. 7, must be repaid to the STATE on a prorated basis, and within 30 days. F. Funds provided by this grant agreement must be used by tfie GRANTEE to hire a new person to replace Lt. Ryan who joined the Strike Force. Grant funds may not be used to pay for equipment or uniforms. G. Law enforcement officers who are members of the Strike Force have statewide jurisdiction to conduct criminal investigations and possess the same powers of arrest as those possessed by a sheriff. H. The STATE is not responsible for loss or damage to equipment or vehicles contributed by the GRANTEE for use by the Statewide Commander contributed to the Strike Force. Page 2 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc o � -a��r I. GRANTEE agrees to contribute equipment, vehicles, and other support to the Sh Force as stated and documented in GRANTEB'S approved and accepted grant application on file with the STATE. In all cases, all equipment and vehicles contributed to the Strike Force remain the properry of the GRANTEE, and the GRANTEE is solely responsible for all operating, maintenance, and repair costs of the equipment and vehicles. Should equipment and/or vehicles need to be replaced by the GRANTEE during the life of this grant agreement the GRANTEE shall provide the STATE'S Authorized Representative with a revised Equipment/Other Support (Form 5) from the Member Replacement Grant application, and shail list the replacement equipment and/or vehicles on this revised form. The revised Equipment/Other Support (Form 5) shall then become a part of the GRANTEE'S application on file with the STATE. II. CONSIDERATION AND TERMS OF PAYMEI3T. A. Consideration for all services perfonned and goods or materials supplied by the CTRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: Reimbursement to the GRANTEE shall not exceed 100% of the salary, which includes benefits, of the Stafewide Commander (Lt. Ryan) conhibuted to the Strike Force, and shall be in compliance with the budget outline specified in Attachxnent 1., of this grant agreement which is hereby incorporated by reference and made a part of this grant agreement. 2. The total obligation of the STATE for all compensation and reimbursement to the GRANTEE shail not exceed $117 843 00 (One Hundred Seventeen Thousand Eieht Hundred Fort -y Three and no/100 Aollars), from July 1, 2001 through June 30, 2002, and an additional amount of $122 244 00 (One Hundred Twentv-Two Thousand Two Hundred Fortk-Four and no/100 Dollazs from July 1, 2002, through June 30, 2003. Funds not expended by GRANTEE during the first state fiscal yeaz of this grant agreement will be canceled and will be re-established in the second fiscal year of the grant agreement. B. Terms of Payment. Payments to the GRANTEE will be made by the STATE at least quarterly but not more often than monthly and on a reimbursement basis. Final invoice pertaining to the first state fiscal year of this grant agreement must be received by July 31, 2002. Reimbursements from the second state fiscal year may commence on or after July 1, 2002. Final yeaz's invoice amount for the first state fiscal year of this grant agreement shall be net of any and all advances received from the STATE for that year. The final invoice pertaining to the second yeaz of this grant agreement must be received by July 31, 2003. 2. Payments shall be made by the STATE prompfly a$er GRANTEE'S presentarion of invoices for services performed and acceptance of such services by the STATE'S Authorized Representative, pursuant to Clause VII, of this grant agreement. Expenditures for each state fiscal year of this grant agreement must be for services performed within applicable state fiscal years. Page 3 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc dl-fiK9' 3. Upon GRANTEE'S request, an advance payment may be made after this grant agreement is fuliy executed, in an amount not to exceed 25% percent of the first state fiscal yeaz's budget total as determined necessary for execution of GRANTEE'S obligarions. 4. Reimbursement to the GRANTEE shall not exceed 100% of the salary, which includes benefits, of the Statewide Commander (Lt. Ryan) contributed to the Strike Force. 5. GRANTEE must use the funds provided by this grant agreement to pay the salary and benefits of a new officer hired to fill the contributed officer's (Lt. Ryan) position. 6. Invoices for reimbursement shall be filed in arrears at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for work satisfactorily performed. Tnvoices must be submitted using the foan provided by the STATE'S Authorized Representative, and must be sent directly to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Squaze, St. Paul, MN 55101-5100. Payments are to be made froxri State funds obtained by the STATE through the Criminal Gang ; Strike Force, authorized by Minnesota Statutes 299A.66, Subdivision 1 and 2, and the I;aws of_ Minnesota 2001, lst Special Session, Chapter 8, Article 4, Section 10, Subd. 7, to fund_the _ organization and operation of the Criminal Gang Oversight Council ("Council"), and Sfrike ,; : Force described in Minnesota Statutes, 299A.64. If at any time such funds become unavailable, this grant agreement shall be tenninated immediately upon written notice of such fact by the STATE to GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed for which State funds are availabie. The GRANTEE agrees to retum any unused funds to the STATE within 30 days of the effective termination date. 8. The GRANTEE will expend grant funds allocated for this program according to the attached budget outline specified in Attachment 1, of this grant agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories specified for each state fiscal yeaz of this grant agreement. The revised budget must be approved by the STATE'S Authorized Representative before any expenditures can be made based on the revised budget. 9. The GRANTEE agrees to retum any unused funds to the STATE unless prior approval for an extension has been granted by the STATE'S Authorized Representative and an amendment to the grant agreement has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending date of each state fiscal year of this grant agreement. III. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE as determined in the sole discretion of its Authorized Representative, and in accordance with ali applicable federal, state, and local laws, ordinances, rules and Page 4 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc a�-ryr regulations. GRAI3TEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in a violation of federai, state, or local law, ordinance, rule, or regulation. IV. FAILURE TO COMPLY. The GRANTEE agrees to retum funds to the STATE for any work the STATE in its sole discretion determined to be unsatisfactory or performed in violation of federal, state or local law, ordinance, rule or regulation. . V. REDUCfION, SUSPENSION, OR TERMINATION OF FUNDING. If GRANTEE does not fulfill obiigarions under the grant agreement in a timely and proper manner, or if GRANTEE violates condifions of the grant agreement, the STATE may reduce, suspend, or terminate funding with a 30day notice of the effective date of the action. GRANTEE shall be entitled to payment for work or service satisfactorily performed for which state funds aze available. VI. TERMS OF GRANT AGREEMENT. This grant agreement shall be effective on July 1, 2001 or upon the date that the final required signahue is obtained by the STATE, pursuant to MS 16C.05, Subd. 2, and shall remain in effect until June 30, 2003, or until all obligations set forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. VII. STATE'S AUTHORIZED REPRESENTATIVB. The STATE'S Authorized Representative is: Jeri Boisvert, Departrnent of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Squaze, St. Paul, MN 55101-5100, or his/her successor, and has the responsibility to monitor the GRANTEE'S performance and the authority to accept the services provided under this grant agreement. If the services are satisfactory, the STATE'S Authorized Representative will certify acceptance on each invoice submitted for payment. The GRANTEE'S Authorized Representative is William K. Finney, Chief of Police, St. Paul Police Deparhnent, 100 East 11�' Street, St. Paul, Minnesota If the GRANTEB'S Authorized Representative changes at any time during this grant agreement, the GRANTEE must immediately notify the STATE. VIII.REPORTING. GRANTEE will advise the STATE concerning program progress through such reasonable means as the STATE may find convenient. These will include the foliowing, and shall be submitted to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Square, St. Paul, MN 55101-5100. A. The GRANTEE will advise the STATE conceming the program progress through the submission of quarterly reports as required by the STATE'S Authorized Representative. B. Submission of a final evaluation report within 30 days after the termination date of this grant agreement. C. Submission of a final expendiYure report within 30 days after the termination of this grant agreement. D. GRANTEE shall make any and all program records, reports and other data available to the 5TATE upon request; this includes submission of copies of any reports, data, surveys (including survey Page 5 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand"]-16.doc � O + -t y1r instruments), or other materials for review and comment before they are prepared in final fonn, and six copies of all materials produced by the program following production of the materiais. E. If initiated, participation in statewide data collection and cooperarion with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual program evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRANTEE will establish a sepazate account of this program and will maintain fiscal records in accordance with generally acceptable accounting principles. GRANTEE'S records, documents, and accounting procedures and practices for this progam shall be subject to the examination of the STATE and/or State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. Fiscal records shall be retained for a period of six yeazs following submission of the final regort. B. Under Minn. Stat § 16.05, Subd, 5, the GRANTEE'S books, records, documents, and accounting procedures and practices relevant to this grant agreement aze subject to examination by STATE and/or State Auditor or Legisla6ve Auditor, as appropriate, for a minimum of six yeazs from the end of this grant agreement. X. NONDISCRIMINATION. As a condition of receiving support for this program, GRANTEE assures that it will meet ali applicable requirements of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil rights statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. XII.OWNERSHIP OF DOCUMENTS AND PRODUCTS. Any reports, studies, photographs, negatives, inshuments, curriculum, videotapes, training manuals, media messages, or other documents or products (hereinafter cailed documents or products) prepared by or for GRANTEE in the perfozmance of its obligations under trris grant agreement shall be exclusive property of the STATE. All such documents or products shall be remitted to the STATE by GRANTEE upon completion, termination, or cancellation of this grant agreement. GRANTEE shall not use, willingiy allow, or cause to have such materials used for obligations under this gant agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. All right, title and interest in all copyrightable material which GRANTEE shall conceive or originate either individually or jointly with others, and which arises out of the gerformance of this grant agreement, will be the property of the STATE and are by this grant agreement assigned to the STATE along with ownership of any and all copyrights of the copyrightable material. GRANTEE also agrees, upon the request of the STATE, to execute all papers and peiform all other acts necessary to assist tYie STATE to obtain and register copyrights on such materials. Where applicable, works of authorship created by GRANTEE for the STATE in performance of this grant agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. Page 6 ot y G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc o ► -rvt:=. XIV.AMENDMENT. Any amendments to this grant agreement shali be in writing, and shali be executed by the same parties who executed the original grant agreement, or their successors in office. XV. LIABILITY. GRANTEE agrees to indemnify, save, and hold hannless the STATE, its representarives and employees from any and all claims or causes of acrion, including all reasonable attorney's fees incurred by the STATE, arising from the performance of this grant ageement by GRANTEE or GRANTEE'S agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes 5ection 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for puiposes of Chapter 176. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligafions pursuant to this grant agreement. XVI. WORKERS' COMPENSATION. GRANTEE certifies that it has complied with the workers' compensarion insurance coverage requirement of the Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating uzder the scope of Minnesota 5tatutes Secfion 299A.65, members of the Strike Force aze "ennployees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. . — XVII. GOVERNMENT DATA PRACTICES ACT. The GRANTEE must comply with the Minnesota Govemment Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this grant agreement and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this grant agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data refesed to in this Clause by either the GRANTEE or the STATE. In the event the GRANTBE receives a request to release the data referred to in this Clause, the GRANTEE must immediately notify the STATE. The STATB will give the GRANTEE instruc6ons concerning the release of the data to the requesting party before the data is released. XVIII.JURISDICTION AND VEI3CTE. This grant ageement, and amendments and supplements thereto, shali be govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent,}urisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STAT'E as an addirional insured under the policy(s) prior to the execution of this grant agreement for the following coverage: A. GRAI�3TEE owned or leased vehicles being contributed to ihe Strike Force: Page 7 of 9 6:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc 0 � -��lr Automobile Liability: GItANTEE agrees to provide automobile liability coverage on all GRANTEE owned or leased vehicles. The limits of liability for such coverage must be $300,000.00 for bodily injury and property damage per person, and $1,000,000.00 bodily injury and property damage per occurrence during the period of, July 1, 2001 through June 30, 2003. Should the GR.ANTEE n�ed to zeplace an owned or leased vehicles during the life of this grant agreement, the GRANTEE agrees to provide the STAT'E with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s). This must be done at the rime that the vehicle is replaced, see additional information in Clause I, Pazagaph I, of this grant agreement. XX. DATA DISCLOSURE. Under Minn.Stat. § 270.66, and other applacable law, the GIiANTEE consents to disclosure of it social security number, federal employer tax idenrification number, and/or Minnesota tas identification number, already provided to the State, to federal and state tas agencies and state personnel involved in the payment of state obligations. These idenrification numbers may be used in the enfozcement of federal and state tax laws which could result in action requiring the GRANTEE to file state tax retums and pay delinquent state ta�c liabilities, if any. Page 8 ot y G:\ODP\DPSqrants\Debi\02-03GSFStwdCommand7-16.doc al-Y4� IN WITNESS WHEREOF, the parties have caused the grant to be duly executed intending to be bound thereby. 1. . ST. PALJ�POLICE DEPARTMENT � 2. DEPARTMENT OF PUBLIC SAFETY�- Ihe GRANTEE certif that [}ie appropriate person(s) have execu[ed the gant (wiih delegated authoriTy) ��- � ageement on behalf ot�ie GRANI'EE u requ'ued by applicable aztictes, By: Title: Date: By: Title: Date 3. B7 By: , '� Title: \ - - __ - Perso s) si 'ng th grant agreeznent and obiigating GRANTEE to the ditions of the grant agreement must be uthorized. A certified copy of the resolution authorizing the GRANTE o enter into this grant agreement and designating person(s) to execute this grant agreement must be attached her � � � � n � � � � -l-e �L C� r� � c� �� �F-e < e —, -1- � Y-�e� S tn e e� Page 9 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc ATTACHMENT 1 GANG STRIKE FORCE BUDGET Year 1 July 1, 2001- June 30, 2002 Year 2 July 1, 2002 — June 30, 2003 Salary & Fringe $117,843 Salary & Fringe $122,244 GSF Statewide Commander GSF Statewide Commander $ Contracted Services $ Contracted Services r �raining �: $ = Training $ TraveUTransporQation $ TraveUTransportation $ Equipment $ Equipment $ Office Expenses $ Office Expenses $ Program Egpenses $ Program Expenses $ YEAR 1 TOTA1 $117,843 YEAR 2 TOTAL $122,244 TOTAL $ 240,087 o � -r4� Q�'? �INAL Return Gopy To: Police Dept. Accounting Presented By: Referred To: 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 Committee:Date: WHEREAS, the Saint Paul Police Department has received a Criminal Gang Strike Force grant for the period from July 1, 2001 through June 30, 2003; and BE IT RESOLVED, that the City Council accepts this grant and authorizes the City to enter into, and Chief William �nney to implement the attached agreements with the State of Minnesota. 30 31 32 33 34 35 36 37 by Department of: Financial Services Director: Adopted by Council:Date: a a o Adoprion Certified by Council Sec ary: � By: a . �� Approved by Mayor:Date: BY� �"I /, StrikeForcegrantacceptance.cc2001 Council File # d � � ��r Green Sheet # 111813 RESOLUTION OF SAINT PAi3L, NIINNESOTA ao BY� ��.�. � Form ppr ved by City s Approve Mayor for BY� /i�ii� . � to Council: DEPARTMEN7/OFFICE/COUNCIL DATE INITIATED � � PoliceDeparhnent s/2/ot GREEN SHEET No. 111813 CON7A PERSON P INfnAVDA7E INRWJDnTE ChiefFinAey 292-3588 1 umexroirs�croa_ 5 fIYCO1INGL MUST BE ON COUNCIL AGENDA BY (DATE) O� Please process ASAP 3 n,ra,r�r I c=°� 1 L 1FMpN(.VJ.SSiVILF3Dt2 D' ))/� Hv m+wcuw.SERbAtGTG V� ] I► 1� � -r �rwYORIORlSASfANi)�(/� ❑NUYRNRIGiRS I�i '� / � TOTAL # OF SiGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolution accepting a Stnke Force grant from the Shte of Miuuesota and authorizing the City to eMer into, and (:hief William Finney to implement the attached agreements with the State of Minnesota. RECOMMENDATION AppfoVE (A) o� Rejed (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOH7NG OUESTIONS: 1. Has this persoNfirtn everworked under a cont2ctforthis depar[ment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Mas this personlfifin ever been a ciry emptoyee? CIVIL SERVICE COMMISSION YES NO 3. Dces this persoNfirtn possess a skill not rprtnally possessed by any curterrt ciry employee? YES NO 4. Is this personffrm a targeted vendoR YES NO Explain all yes answers on separete sheet and aHach to green sheet INITIATING PROBLEM ISSUE, O: POR7UNITY (WHO, WHAT, WHEN, WHffRE, WHI� The Saint Paul Folice Department k�as teceived a Sirike Force giant from the State of Minnesota for the period from July 1, 2001 tLrough June 30, 2003. The putpose of this grant is to idenrify, investigate, arrest, and prosecute gang members engaged in criminal activity. ADVAN7AGESIFAPPROVED Ability to accept grant funding to piosecute gang membexs engaged in criminal activiry. DISADVANTAGESIFAPPROVED None. DISADVANTAGES IF NOT APPROVED L°SS °f �t �"`�g. Gouncil �e�earch Cet►ter AU6 1 � �o� TOTAL AMOUNT OF TRANSACTION $ 724,00�_ COS'f�REVENI�€.-BUD6E7,ED (CIRCLE ON� YES NO FUNDING SOURCE State of Minn. Grant AC7NITY NUMBER 34155 FINANCIAL INFORMATION (F�(PLAIN) + StrikeForcegantacceptance.gs.2001 ,�. � - ` STATE OF MINNESOTA � GRANT AGREEMENT a � �, �� CRIMINAL GANG STRIKE FORCE (Overtime & Purchased or Leased Equipment, andlor Leased Vehicles) gFy Fund Agency Number Org/Sub Appr. Unit 02 �oo Po� ss�a sso 03 Entry Locn Object Code Reqvisi6on No_ Contracf No. Ocder No. 5g� A zsg a� Vendor Number Commodity Code Totai Obligation Total Obligation for FY 066790002-00 $193,920.00 � $��� 03: $96,960.00 THIS GRANT AGREEMENT, and amendments and supplemenu thereto, (hereinaRer "Ageement") is between the State of Minnesota, acting tluough its Commissioner of Public Saferi Office of Drue Policv and Violence Prevention(hereinafter "STATE"), which is empowered to enter into grant agreements pursuant to Minn.Stat. § 299A.01, Subd 2(4), and is further empowered to provide funding for the operation of the Strike Force pursuant to the Minn.Stat. § 299A.64 through 299A.66 and theLaws of Minnesota 2001, i st Special Session, Chapter 8, Article 4, Secflon 10, Subd., 7. and; Citv of St. Paul. St. Paul Police Deuartment, (hereinafrer "GRANT'EE"), a lceal law enforcement agency, sheriffs office, or other organization contributing members to the Cruninal Gang Shike Force, and autl�orized to accept state funds for the puipose of the STATE reimbursing the GRANTEE for expenses incurred and overtime salaries of GRANTEE'S members beinQ conhibuted bv the GRANTEE to the Criminal Gane Strike Force (hereinafter"Strike Force"1, and WAEREAS, the GRANTEE represents that it is duly qualified and willing to perform and carry out Yhe services and tasks set forth herein. -- - NOW, THEREFORE, it is agreed: I. GRANTEE'S DUTIES (Attach addirional pages if necessary which is incorporated by reference and made a part of this agreement.) GRANTEE shail: A. GRANTEE will carry out the tasks described below in this Agreement, and the tasks described and approved by the STATE and the Criminal Gang Oversight Council as stated in the GRANTEES application, hereby incotponted by reference and made a part of this Agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota. I. All members contributed by the GRANTEE to the Strike Force must be licensed peace officers or federal law enforcement agents found by the Minnesota Board of Peace Officer Standazds and Training to bave equivalent qualifications. 2. All members shall continue to be employed by the same entity by which they were employed before joining the Strike Force. However, while on the Strike Force members are under the exclusive command of the Strike Force. 3. GRANTEE agrees to abide by the bylaws and strategies, policies and procedures of the Council. 4. Also, to the greatest extent possible, members of the Strike Force will serve on the Strike Force for the entirety of its existence. 5. A member who desires to be transfeaed back to the position the member held before joining the Strike Force may request a hansfer from either the Suike Force regional commander, the Sh Force state wide commander, or the Criminal Gang Oversight Council (hereinafter called "Council"). The Council shall approve and arrange for the requested transfer as soon as is practicabie. F:\OD%Offic�alForms\Grants Templates�02A3GSFOTEq7-IO.dce CD00032-06 (04-22-96) Joint Powers Ageemrn[ lDPS-Ciri of St. Pan� (AAMIN.1O51j) Page I of7 The person in charge of the organization &om which the member came also may request that a member be transFerred back. In these instances, the Council shall approve and azrange for the requested transfer immediately or as soon as is practicable. 0 �.�y� The Strike Force commanders or the Council may also request that a member be transferred out of the Shike Force. In tl�ese instances, the Council shall approve and arrange for the requested transfer immediately or assoon as 9s practicable. If a member is transfeired from the Stnke Force, the person in charge of the organization from which the member came shall arrange for an experienced individual, acceptable to the Council to replace the transferred person on the Shike Force. If this azrengement cannot be made, any funds received under this Ageement must be repaid to the STATE on a prorated basis and with in 30 days. When a member is transferred in or out of the Strike Force, the GRANTEE shall provide the STATE'S Authorized Repcesentarive with a revised Criminal Gang Strike Force Member application. Once member lransfer is approved by the Council, the revised G7iminal Gang Strike Force Member application shall become a pazt of the GRANTEE'S application on file with the STATE. 6. Funds provided by this secrion of this Agreement aze for reimbursement to the GRANTEE for overtime hours, which includes benefiu, of the peison (member) worldng on the Saike Force. 7. Law enforcement officers who aze membeis of the Strike Force have statewide }urisdiction to conduct criminal investigations and possess the same powers of arrest as those possessed by a sheriff. 8. The GRANTEE agsees to conhibute equipment, vehicles, and otl�er support to the Suilce Force as stated and . documented in GRANTEE'S appro`ved and accepted grant application on file with the STAT'E. In all cases, all equipment and veLicles contributed to the Strike Force remains We property of the GRANTEE, and the GRANT'EE . - is solely responsible for all operating, maintenance, and tepair costs of the equipment and vehicles. The STATE is not responsible for loss or damage io equipment or vehicles contributed by the GRANTEE for use by the member contributed to the Shike Force. Should equipment and/or vehicles contributed by the GRANTEE need to be replaced by the GRANTEE during che life of this Agreement, the GRANTEE shall provide the STATE'S Authorized Representative with a revised Equipment/Other Support (Form S) from the Criminal Gang Strike Force Member application, and shall list the replacement equipment andlor vehicles on this revised form. The revised EquipmendOther Suppo�t (Form 5) sball then become a part of the GRANTEE'S application on file with the STATE. B. T6rough this Agreement, ihe GRANTEE shall also be reimbursed for cosu incuaed, and the GRANTEE agrees to cazry out the tasks described below in this Agreement and the tasks described and approved by the STATE and Council in the GRANTEE'S application which is on file with the STATE. 1. For all members contributed by the GRAN"I'EE to ihe Suike Force in which the GRAN"I'EE will purchase or lease equipment, ancllor'lease vehicles for the member to use while the member is working on the Shike Force, the GRANTEE requesu reimbursement for these costs as stated in Attachment I, of this Agreement. Attachmentl, is hereby incoiporated by reference and made a part of this Agreement. Purchased or leased equipment, and/or leased vehicles; however, shall not be the STATE'S responsibility, and the STATE shall not be responsible for the loss or damage of purchased or leased equipment, and/or leased vehicles by the GRANT'EE for use by the member contributed to the Strike Force. Also, in all cases, all equipment and vehicles contributed to the Strike Force shall remain the property of the GRANTEE, and the GRAN'TEE is solely responsible for all ogerating, maintenance, and repair costs of the equipment and vehicles. Non-consumable equipment purchased by the GRANTEE, in which the GRAN'1 EE receives reimbutsement from the STATE, shall be the property of the STATE; and shall be maintained by the GRANTEE throughout the life of this Ageement. The GRAN'I'EE shall return all purchased non-consumable equipment, pursuant to ihis Clause, to the STATE within 30 days of the expiration date, or termination or cancellation effective date of this Agreement. F:\ODP�O�cialFOrms\Grants Tempiates\02-03GSFOTEq CD00032-06 (04-22-96) Joint Powers Ageement SDpS'� ��Pa Se 2 oC� (ADMIN. 1051 j) g Should�equipment and/or vehicles owned or leased by [he GRAN"I�EE need to be replaced by [he GRANTEE during the life of this Agreement, the GRAI3�PEE shall provide the STATE'S Auihori2ed Representaiive with a revised Project Budget Narrative (Form 5) from [he Grant to Expand Local Capaciry to Combat Gangs application, and Q 1$1.� shalllist the replacement equipment and/or vehicles on this revised form. The revised Project Budget Narrative (Form 5) shall then become a part of the GRANTEES applicarion on file with the STATE. Renlacement of eyuinment andlor vehicles o�vned or leased bv the GRANTEE is NOT a covered reimbursement of this Apreement 2. It is further understood that the STATE shall only reimburse the GRANTEE for reimbursable cosu obligated by the GRANTEE during the life of this Agreement and not beyond. 3. Reimbursement for GRANTEES purcbase of a vehicle is not authorized by this Agreemen� II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration fox all services performed and goods or materiais supplied by the GRANTEE pursuant to Clause I, Section A., of this Agreement (Overtime) shall be paid by the STATE as follows: 1. Reimbursement to the GRANTEE shall be 100% of the person's (member's) overtirue salary, wluch includes benefiu, of the person (member) contributed to the Strike Force, and shall be in compliance with the budget outline included in Attachment 1, of this Agreement. 2. The total obligation of the STATE for all compensation and reimbursements to the GRANTEE shall not excezd $42 000 00 (Fortv-two Thousand DOLLARS and no/100), from July I, 2001 through June 30, 2002 and an additiona] amount of �42 000 00 (Fortv-two Thousand DOLLARS and no/1001, from July 1,2002, through June 30, 2003. Funds not expended by Ehe GRANTEE during the first state fiscal yeaz of tl�is Agreement will be cance`Ied -=� _ and re-established in the`seoond year of the Agreement. - B. Consideration for all services performed and goods or materials supplied by the GRANTEE pursuant to Clause I, Section B., of this Agreement (Purchased or Leased Equipment and/or Leased Vehicles, and for clerical support) will be paid by the STATE as foliows: 1. Reimbursement to the GRANTEE for purchased or leased equipment, and/or leased vehicles through this Agreement shall not exceed $109 920 00 (One Hundred Nine Thousand Nine Aundred Twentv DOLLARS and no/100 and shall be in compliance with the budget outline included in Attachment 1, of this Agreement. 2. The total obligation of the STATE for all compensation and reimbursemenu to the GRt1NTBE shall not cxceed $54 960 00 (Fiftv Four Thousand Nine Hundred Sistv DOLLAI2S and no/1001 from July 1, 2001 through June 30, 2002, and an additional amount of$54 960 00 (FiBv Four Thousand Nine Hundred Siatv DOLLARS and no/100 from July 1, 2002, through June 30, 2003. Funds not expended by the GRANTEE during the first state fiscal yeaz of this Agreement will be canceled and re-established in the second year of the Agreement. C. The TOTAL OBLIGATION of the STAT'E for all compensarion (overtune) and reimbursement (purchased or leased equipment and/or leased vehicles) to the GRANTEE shall not exceed$96 960 00 INinetv-Six Thousand Nine Aundred Siatv DOLLARS and nol100) from July 1, 2�01 tluough June 30, 2002; and shall not exceed the additional amount of $96 960 00 INinetv Six Thousand Nine Hundred Siari DOLLARS and nol1001, from July 1, 2002, through June 30, 2003. D. Terms of Payment. 1. Payments to the GRANTEE will be made by the STAT'E at least quarterly but not more often than monthly and on a reimbursement basis. Final invoice pertaining to the first state fiscal yeaz of this Ageement must be received by July 31, 2002. Reimbursements from the second state fiscal yeaz may commence on or aRer July 1, 2002- Final yeaz's invoice amount for the first state fiscal yeaz of this Agreement shall be net of any and all advances received from the STATE for that yeaz. The final invoice pertaining to the second yeaz of this Ageement must be received by July 31, 2003. F:\ODP�OfS cialFomss\Gnn�s Templales\02-03GSFOTEq7-I O.doc CD00032-06 (04-22-96) Joint Powers Agreemrnt (DPS-Ciiv Pa S e 3 of7 (ADMIN. ]OSIj) _ , g 2. Payments shall be made by [he STATE promptly afrer GRANTEE'S presentarion of invoices for services performed and acceptance of such services by Ihe STATE'S Authorized Representative, pursuant [o Clause VII, of this Agreement. Expenditures for each state fiscal year of this Agreement must be for services perfoimed within O`` b.� � applicable state fiscal years. 3. Upon GRANTEE'S request, an advance payment may be made afret this Agreement is fully executed, in an amount not to exceed 25%percent of the fust state fiscal yea�s budget total as determined necessary for execution of GRANTEE'S obligarions. 4. The GRANTEE will be reimbursed for all overtime worked by the contributed member up to but not to exceeding $8,400.00 per member, per state fiscal yeu. 5. The GRANTEE shall be reimbursed for clerical support in accordance with the budget request outline in Attachment 1., of this Agreement. 6. The GRANTEE will be reimbursed for each leased vehicle leased by the GRANTEE for use by the member conhibuted to the Strike Force. ' 7. Invoices for reunbursement shall be filed in azreazs at least quarterly, but not more often thanmonthly, and within 30 days of the period covered by the invoice for work satisfactorily performed. Invoices must be submitted using the form provided by the STAT'E'S Authorized Representative, and must be sent direcdy to Jeri Boisvert, or her successor in office, Department of Public Safery, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Squaze, St. Paul, MI3 55101-5100. 8. Payments aze to be made from State funds obtained by the STATE and authorized by theLaws of Minnesota 2001, Ist Special Session, Chapter 8, Article 4, Section 10, Subd,7. If at any time such funds become una"va�able; .- this Agreement shall be terminated immediately upon written notice of such fact by the STAT'E to the GRAN"I'EE: : In the event of such termination, the'GRANT'EE shall be entitled to payment, detemiined on a pio rnta basis; for "-- ,^-, services satisfactorily perFotmed for which State funds aze available. The GRANTEE agrees to return any unused funds to the STATE within 30 days of the effective termination date. 9. The GRANTEE will expend funds allocated for this program according to the attached budget oudine(s) specified in Attachment 1 of this Agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories. Therevised budget must be approved by the STATE'S Authorized Representative before any expenditures can be made based on the revised budget. 10. The GRAN"TEE agrees to retum any unused funds to the STATE unlessprior approval for an extension has been granted by the STATE'S Authorized Representative and an amendment to the Agreement has been duly executed. Unused fuuds must be retumed to the STATE within 30 days of ihe ending date of each state fiscal year of this Agreement. 1 I. When a member is transferred in or out of the Strike Force, the GRANTEE shall provide the STATE'S authorized representative with a revised Criminal Gang Strike Force Member application. Once member tsansfer is approved by the Council, the revised Criminal Gang Strike Force Member application shall become a part of the GRAN'I`EE'S application on file with the STATE. III, CONDTTIONS OF PAYMENT All services provided by the GRANTEE pursuant to this Agreement shall be performed to the satisfaction of the STATE, as deteimined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, mle or regulation. IV. FAILIJRE TO COMPLY The GRANTEE agrees ro return funds to the STATE for any work the STATE in iu sole discretion determined to be unsatisfactory or performed in violation of federal, state or local law, ordinance, mle or regulation. F:\ODP\OfliciatForms\Grants Templates\02A3GSFOTEq7 CD00032-06 (04-22-96) Ioin[ Powers Ageement J of St Pau (ADMIN. IOSIj) Page4 of'7 � V. REDUCTION SUSPENSION OR TERMINATION OF FUNDING If an GRANTEE does not fulfill obligations under the Agreement in a timely and proper manner, or if an GRANTEE violates conditions of the Agreement, the STATE may reduce, suspend, or terminate funding with a 30-day notice of the effective date of [he action. The GRANTEE shall be entitled to � payment for work ot service satisfactorily perfomted for which state funds are avai]able. � VI. TERMS OF AGREEMENT This Agreement shall be effective upon ihe date that the fmal required sig�ahue is obtained by the STATE, puisuant to Minn. Stat. § 16C.05, Subd_ 2, and shall remain in effect unril June 30, 2003, or until all obligations set forth in this Agreement have been satisfactorily ful£Iled, whichever occurs first VII. STATE'S AU"If�ORIZED REPRESENTATIVE The STATE'S Authorized Representative is Jeri Boisvert, address Aepartment of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Squaze, Sk Paul, MN 55101-5100 or his/her successor, and has the responsibility to monitor the GRANTEES performance and the authority to accept the services provided under this Agreement. If the services are satisfactory, the STATE S authorized representative will certify acceptance on each invoice submitted for payment. The GRANTEE'S Authorized Representative is William Finnev St Paul Police Department 100 East l lth Street, St. Paul. Minnesota 55101. If the GRANTEE'S Authorized Representative changes at any tune during this Agreement, the GRANT'EE must immediately notify the STATE. VIII. REPORTTNG GRANTEE will advise the STA1'E conceming program progress through such reasonable means as the STATE may find convenient. These will include the following, and shall be submitted to:Jeri Boisvert, or her successor in office, Department of Public Safery, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Square, St. Paui, MN 55101-5100. A. The GRANT'EE will advise the STATE conceming the program progress through the submission of quarterly reports as requued by the STAT'E'S Authorized Representarive. B. Submission of a final evaluation7eport within 30 days afrer the teTminarion date of Uils Agreement. C. Submission of a finai expenditure report within 30 days after the termination oFthis Agreement. D. GRANTEfi shall make any and all prograzn records, reports and other data available to the STATE upon reques[; this includes submission of copies of any reports, data, surveys (including survey inshuments), or other materials for review and comment before they aze prepazed in final form, and six copies of all materiais produced by the program following production of the materials. E. If initiated, participation in statewide data collection and cooperation with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual progratn evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRANTEE will establish a separate account of this program and will maintain fiscai records in accordance with generaily acceptabie accounting principles. GRANT'EE'S records, dceuments, and accounting procedures and practices for this program shall be subject to the examination of the STAT'E and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six year from the end of this Agreement. Fiscal records shall be retained for a period of six years following submission of the fmal report. B. Under Minn. Stat § 16A5, subd. 5, the GRAN'TEE'S books, records, documenu, and accounting procedures and practices relevant to this Agreement are subject to examinarion by STA"i'E and/or State Auditor of Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. X. NONDISCRIMINATION. As a condition of receiving support for this program, the GRANTEE assures that it will meet all appiicable requiremenu of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil righu statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the STATE. F:\ODP\O�cialFom�s\Grants Templatesl02-03GSFOTEq CD00032A6 (04-22-96) 7oint Powers Agreemrnt (DPS-C'tv of St. PauB (ADMIN. I OS l j) Page S of 7 XII. OWNERSHIP OF DOCi7MENTS AND PRODUCIS. Any reporis, studies, photographs, negatives, instrumen[s, cumculum, videotapes, training manuals, media messages, or other documents or products (hereinafrer called documents or products) t f{ r prepazed by or for the GRANTEE in the performance of its obligations under this Agreement shall be exclusive property of O � the STATE. All such documents or products shall be remitted to the STATE by the GRANTEE upon completion, termination, or cancellation of this Agreement. GRANTEE shall not use, willingly allow, or cause to have such materials used for obligations under this Agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. All right, ritle and interest in all copyrightable material which the GRANTEE sLall conceive or originate either individvally or jointly with othe�, and which arises out of the performance of tius Agreement, will be the property of the STATE and aze by this Agreement assigned to ihe STATE along with ownership of any and all copyrights of the copyrightable material. GRANTEE also agrees, upon the reqnest of the STAT'E, to execute all papers and perFo7m all other acts necessary to assist the STATE to obtain and register copyrights on such materials. Where applicable, works of authorship created by the GRANTEE for the STATE in performance of this Agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. XIV. AMENDMENT. Any amendments to this Agreement shall be in writing, and shall be executed by the same parties who exewted the original Agreement, or their successors in office. XV. LIABILITY. GRANTEE agrees to indemnify, save, and hold harmless the STATE, its representatives and employees from any and all claims or causes of action, including all reasonable attomey's fees incucred by the STA1'E, arising from the performance of this Agreement by GRANTEE or GRAN'I'EES agenu or employees. Except, in accordance with the grovisions of Minnesota Statutes Section 299A.65, while operating under the scope of Minnesota Statute Section 299A.65, members of the Strike Force aze "employees of the state" as defined in secfion 3.736 and are considered employees of the Department of Public Safety for pucposes of Chapter 176. This clause shall not be construed to bar any legal remedies GRAN'I'EE may have for the STAT'E'S failure to fulfill its obligadons pursuant to this Agreement. ,, XVI. WORKERS' COMPENSATION. GRANTEE certifies ihatit has complied with the workers' compensation insurance '_ -= coverage requirement of ihe Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of �, Minnesota Stamtes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Shike Force aze "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for puiposes of Chapter 176. XVII. GOVERNMENT DATA PRACTTCES ACT. The GRP,NTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STAT'E in accordance with this Agreement and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this clause by either the GRANTEE or the STATE. In the event the GRANTEE receives a request to release the data referred to in this ciause, the GRANTEE must unmediately notify the STATE. The STATE will give the GRAN'TEE instructions conceming the release of the data to the requesting party before the data is released XVIR. 7URISDICTION AND VENUE. This Agreement, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for alllegal proceedings arising out of thisAgreement, or breach thereof, shail be in the state or fedemi court with competent jurisdiction in Raznsey County, Minnesota. XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to pxovide the STATE with a certificate(s) of insurance, or a statement of seif-insurance, nazning the STATE as an additional insured under the policy(s) prior to the execurion of this Agreement for the following coverage: A. GRAN"I'EE owned or leased vehicies being conhibuted to the Strike Force: F:\ODNORc�alForms\Granls Templa[es\02-03GSFOTEq CD00032-06 (04-22-96) Join[ Powers Ageemrnt (DPS{'�tv of St PauL (ADMIN. I OS I j) Page 6 of 7 Automobile Liabiliry. GRANTEE agrees to provide automobile liability coverage on all GRANTEE owned or leased veh�cles. The ]imi[s of liability for such coverage must be $300,000.00 for bodily injury and property daanage per person, and $1,000,000.00 bodily injury and property damage per occurzence during the period of July 1, 2001 through June 30, 2003. � t�� �� Should the GRt1N'I'EE need to replace an owned or leased vehicles during the life of this Agreement, the GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an addirional insured under the policy(s). This must be done at the time that the vehicle is replaced, see additional infoimation in Clause I., Secrion A., item 8, and/or Clause I., Section B., item 1., of this Ageement. XX. DATA DISCLOSURE. Under Minn. Stat. § 270.66, and other applicable law; the GRANTEE consenu to disclosure of its social security number, federal employer taY identification number, andlor Minnesota tas identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state taY ]aws which could result in action requiring the GRANTEE to file state tas retums and pay delinquent state taz liabilities, if any. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. APPROVED: 1. City of . GRANTEE certifies pgeement on behal laws, resolutions, or By Title Date By Title Date pe�on(s) have executed the as required by applicable articles, by- 2. STATE (DEPARTMENT OF PUBLIC SAFETS� By (auNorized signahtte) Title 3. ENCUMBERED BY: �'J-e �.'�/: `U �.: �CS U n ol C< rT��.�.� � l"��-'-� S�ec 7 J F:\ODP\OfficialFortns\Grants Templates\02-03GSFOTEq7-IO.doc CD00032-06 (04-22-96) Joint Powers Agreemrnt (DPS-C�tv of St. PauA (ADMiN. IOSIj) Page7 ofl r.. ATTACHMENT 1 0 � -�y� GANG STRIKE FORCE BUDGET Year 1 Juty 1, 2001- June 30, 2042 Year 2 Juty 1, 2002 — June 30, 2003 Salary & Fringe $ 42.000 Salary & Fringe $ 42,000 Overtime for 5 Officers @$8,400 Overtime for 5 Officers @$8,400 $ Contracted Services $ Contracted Services Training $ : Training $ TraveUTransportation $ 54 960 TraveUTransportation 54 960 Vehicle Leasing Vehicle Leasing Equipment $ Equipment $ Office Eapenses $ Office Expenses $ Pmgram Expenses $ Program Ezpenses $ YEAR 1 TOTA1 $96,960 YEAR 2 TOTAL $96,960 TOTAL $193,920 . •; � STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Criminai Gang Strike Force - Reimbursement Grant 0�-�4Y SFY Fund Agency Number Org/Sub Appr. Unit 02 100 P07 6910 690 03 Entry Locn Object Code Requisition No. Contract No. . Order No. `\ 5soo �t2���t� Vendor Number CommodiN Code Total Obligation ToNal Obliqation for FY 066790002-00 Q'Z� — p ° $290,000.00 03: $145,000.00 THIS COOPERATIVE AGREEMENT, by aad between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevention ("STATE") and the City of St. Paui, St. Paul Police Department ("GRANTEE"), witnesseth that: WHEREAS, the STATE is the agency responsible for administration of funds available to the State of Minnesota under provisions of Minnesota Statutes 299A.66, Subdivision 1 and 2, the Laws of Minnesota 2001, 1st Special Session, Chapter 8, Articie 4, Section 10, Subd. 7, to fund the organization and operation of ihe Criminaf Gang Ovessight Council and Strike Force described in Minnesota Statutes, 299A.64; and WHEREAS, the STATE is also authorized under provisions of Minnesota Statutes 299A.66, $ubdivision 1 to award ,_�?_-; .`--°°= _ grants to locai law enforcement agencie§, sheriff's offices, and other organizations that have contributed members tolhe._ _:- Criminai Gang Strike Force and are required to hire new persons to replace those who have joined the Strike Force; and WHEREAS, GRANTEE is authorized to accept state funds for this purpose; and WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks associated with the Criminal Gang Strike Force; NOW, THEREFORE, the STATE and GRANTEE agree as foiiows: SCOPE, PURPOSE, AND TASKS OF AGREEMENT. GRANTEE will carry out the tasks described below in this grant agreemeni, and the tasks described and approved by the STATE and the Criminal Gang Oversight Councii as stated in the GRANTEE'S appiication, hereby incorporated by reference and made a part of this grant agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota. A. All members contributed by the GftANTEE to the Criminat Gang Strike Force {"Strike Force") must be licensed peace officers or federai law enforcement agents found by the Minnesota Board of Peace Officer Standards and Training to have equivalent qualifications. B. Aii members shall continue to be employed by the same entity by which they were employed before joining the Strike Force. However, whi4e on the Strike Force members are under the exclusive command of the Strike Force. C. GRANTEE agrees to abide by the by-law and strategies, poficies and procedures of the Council. D_ Atso, to the greatest extent possible, members of the Strike Force will serve on the Strike Force for the entirety of its existence. Page 1 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc :� o� -a�yr E. A member who desires to be fransferred back to the position the member held before joining the Strike Force may request a transfer from either the Strike Force regional commander, the Strike Force state wide commander, or the Criminal Gang Oversight Councii (hereinafter called "Council"). The Council shall approve and arrange for the requested transfer as soon as is practicable. The person in charge of the organization from which the member came also may request ihat a member be transferred back. In these instances, the Council shall approve and arrange for the requested transfer immediafely or as soon as is practicabie. ' The Strike Force commanders or the Council may aiso request that a member be transferred out of the Strike Force. In these instances, the Council shall approve and arrange for the requested trarisfer immediately or as soon as is practicable. If a member is transferred from the Strike Force, the person in charge of the organization from which the member came shalt arrange for an experienced individual, acceplable to the Councit to repiace the transferred person on the Strike Force. If this arrangement cannot be made, any grant funds received under Minnesota Statutes, Section 299A.66, Subdivision 1, must be repaid to the STATE on a prorated basis and within 30 days. When a member is transferred in or out of the Strike Force, GRANTEE shail provide the STATE'S authorized representative with a revised Member Replacement Grant application. Once member transfer is approved by the Council, the revised Member Replacement Grant application sha11 become a part oE the GRANTEE'S application on file with the STATE. F. Funds provideci by this grant agreement must be used by the GRANTEE to h+re a new person to replace the person (member) who joined tt�e Strike Force.. Grant funds may not be used to pay for equipment or uniforms. G. Law enforcement officers who are members of the Strike Force have statewide jurisdictio� to conduct criminal _ investigations and possess the same powers of arrest as those possessed by a sheriff. H. The STATE is not responsib4e for loss os damage to equipment or vehicles contributed by the GRANTEE for use by the member contributed to the Strike Force. I. GRANTEE agrees to contribute equipment, vehicles, and other support to the Strike Force as stated and documented in GRANTEE'S approved and accepted grant appiication on file with the STATE. In ail cases, all equipment and vehicles contributed to the Strike Force remains the property of the GRANTEE, and the GRANTEE is sotely responsibte for all operating, maintenance, and repair costs of the equipment and vehicles. Should equipment and/or vehicles need to be replaced by the GRANTEE during the life of this grant agreement the GRANTEE shali provide the STATE'S authorized representative with a revised Equipment/Other Support (Form 5) from the Member Replacement Granf appiication, and shall list the repiacement equipment and/or vehicles on this revised form. The revised EquipmenVOther Support (Form 5) sha!I then become a part of the GRANTEE'S application on file with the STATE. II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials suppiied by the GRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: 1. Reimbursement to the GRANTEE shall not exceed the total doilar amount spec�ed in Attachment 1 ofi this grant agreement for the salary, which includes benefits, of the person (member) contributed to the Strike Force, and shall not exceed �145 000 00 (One Hundred Fortv-Five Thousand and no/100 Doilars), for state fiscal year 2002 (July 1, 2001, through June 30, 2002), and an additional 5145 000 00 (One Hunared Fortv- Five Thousand and no/100 Dollarsl, for state fiscai year 2003 (July 1, 2002, through June 30, 2003). Funds not expended by the GRANTEE during the first state fiscalyear of this grant agreement will be canceled and wiil be re-established in the second year of the grant agreement. Attachmeni 1 is hereby incorporated by reference and made a part of this grant agreement. B. Terms of Payment. Page 2 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � a � -Yv1' 1. Payments fo the GRANTEE will be made by the STATE at least quarteriy but not more often than monthiy and on a reimbursement basis. Final invoice pertaining to the first state fiscal year of this grant agreement must be received by July 31, 2002. Reimbursements from the second state fiscal year may commence on or after July 1, 2002. Final yeats invoice amount for the first state fiscal year of this grant agreement shall be net of any and all advances received from the STATE for that year. The final invoice pertaining to the , second year of this grant agreement must be received by July 31, 2003. 2. 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 lo Clause VII, of this grant agreement. Expenditures for each state fiscal year of this grant agreement must be for services performed within applicable state fiscal years. 3. Upon GRANTEE'S request, an advance payment may be made after this grant agreement is fully executed, in an amount not to exceed 25% percent of the first state fiscal year's budget total, as determined necessary for execution of GRANTEE'S obligations. 4. Reimbursement to the GRANTEE shail not exceed the salary, which includes benefits, of the person (member) contributed to the Strike Force. Salary's of person (member) contributed to the Strike Force are included in the GRANTEE'S application on file with the STATE and approved by the STATE and Council. 5. GRANTEE must use the funds provided by this grant agreement to pay the salary and benefits of a new o�cer hired to fill the contributed officer's (member's) position. 6. Invoices for reimbursement shall be filed in a�rears at least quarterly, but not more often than monthly, and_, ,__;_ : within 30 days of the period covered by the invoice for work satisfactorily performed. Invoices must be _ submitted using the form provided by the STATE'S authorized representative, and must be sent directly to: Jeri Boisvert, or her successor in o�ce, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Sfreet, Suite 100, Town Square, St. Paui, MN 55101-5100. 7. Payments are to be made from State funds obtained by the STATE through the Criminal Gang Strike Force, authorized by Minnesota Statutes 299A.66, Subdivision 1, theLaws of Minnesota 2001, 1st Special Session, Chapter 8, Article 4, Section 10, Subd. 7. if at any time such funds become unavailable, this grant agreement shaii be terminated immediately upon written notice of such fact by the STATE to GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed for which State funds are availabie. The GRANTEE agrees to return any unused funds to the STA7E within 30 days of the effective termination date. 8. The GRANTEE will expend grant funds allocated for this program according to the attached budget outline specified in Attachment 1, of this grant agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories specified for each state fiscal year of this grant agreement. The revised budget must 6e approved by the STATE'S authorized representative before any expenditures can be made based on the revised budget. 9. The GRANTEE agrees to return any unused funds to the STATE uniess prior approval for an extension has been granted by the STATE'S authorized representative and an amendment to the grant agreement has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending date of each state fiscal year of this grant agreement. 10. When a member is transferred in or out of the Strike.Force, GR.4NTEE shail provide the STATE'S authorized representative with a revised Member Replacement Grant application. Once member transfer is approved by the Council, the revised Member Replacement Grant application shall become a part the GRANTEE'S appiication on file wiih ihe STATE. 111. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE as determined in the sole discretion ot its Authorized Representative, and in accordance with ali applicable federal, state, and local laws, ordinances, rules and regulations. GRANTEE Page 3 of b F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-lb.doc � c� -r�►i� shali not receive payment for work found by the STATE to be unsatisfactory, or performed in a violation of federal, state, or local law, ordinance, rule, or regulation. IV. FAI�URE TO COMPLY. The GRANTEE agrees to return funds to the STATE for any work the STATE in its sole discretion determined to be unsatisfactory or performed in violation of federal, state or Iocal law, ordinance, rule or regulation. V. REDUCTION, SUSPENSION, OR 7ERMINATION OF FUNDING. If a GRANTEE does not fuifill obiigations under the grant agreement in a timely and proper manner, or if GRANTEE violates conditions of the grant agreement, the STA7E may reduce, suspend, or terminate fiunding with a 34-day notice oF the effective date of the action. GRANTEE shall be entitled to payment for work or service satisfactorily performed for which stste funds are available. VI. TERMS OF GRAN7 AGREEMENT. This grant agreement shall be effective on July 1, 2001, or upon the date that the final required signature is obtained by the STATE, pursuant to MS 16C.05, Subd. 2, whichever occurs later, and shall remain in effect until June 30, 2003, or until all obligations set forth in this grant agreement have been satisfactorily fu�iled, whichever occurs first. VII. STA"fE'S AUTHORIZED REPRESENTATIVE. The STATE'S Authorized Representative perFormance and the auth satisfactory, the STATE'S The GRANTEE'S Authorized 100 or hisiher successor, and has the responsibi4ity to monitor the GRANTtE'S to accept the services provided under this grant agreement. If the services are iorized Representative will certify acceptance on each invoice submitted for payment. is ice Ueoartment �uu tas[ - i - im � - changes at any time during this,`_ - Street St Paul. Minnesota 551Q0. If the GRANTEE'S Authorized Ke grant agreement, the GRANTEE must immediately notify the STATE. VIII. REPORTING. GRANl EE wilt advise the STATE concerning program progress through such seasonable means as the STATE may find convenient. These will include the following, and shall be submitted to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Square, St. Paul, MN 55101-5100. 1. 7he GRANTEE will advise the STATE concerning the program progress through the submission of quarterly reports as required by the STATE'S Authorized Representative. B. Submission of a final evaluation report within 30 days after the termination date of this grant agreement. C. Submission of a final expenditure report within 30 days after the termination of this grant agreement. D. GRANTEE shall make any and aii program records, reports and other data available to the STATE upon request; this inciudes submission of copies of any reports, data, surveys (inciuding survey instruments), or other materials for review and comment before they are prepared in final form, and six copies of ail materials produced by the program following production of the materials. E. If initiated, participation in statewide data collection and cooperation with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual program evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRAN7EE will estabiish a separate account of this program and will maintain fiscai records in accordance with generaAy acceptable accounting principles. GRANTEE'S records, documents, and accounting procedures and practices for this program shall be subject to the examination of the STATE and/or the State Auditor or Legislative Auditor, as appropriate for a minimum of six years from the end of this grant agreement. Fiscal records shall be retained fos a period of soc yeass following submission of the final report. Page 4 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � o �_ryr B. Under Minn. Stat. 16.05, subd. 5, the GRANTEE'S books, records, documents, and accounting procedures and practices relevant to this grant agreement are subject to examination by the STATE and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. X. NONDISCRIMlNATION. As a condition of receiving support for this program, GRANTEE assures that it will meet ali applicable requirements of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil rights statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. XII. OWNERSHIP OF DOCUMENTS AND PRODUCTS. Any reports, studies, photographs, negatives, instruments, curriculum, videotapes, training manuals, media messages, or other documents or products (hereinafter called documenis or products) prepared by or for GRANTEE in the performance of its obligations under this grant agreement shall be exclusive property of the STATE. All such documents or products shall be remitted to the STATE by GRANTEE upon completion, termination, or canceliation of this grant agreement. GRANTEE shali not use, willingly allow, or cause to have such materials used for obligations under this grant agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. Ail right, title and interest in all copyright able material which GRANTEE shafl conceive or originate either individually or jointly with others, and which arises out of the performance of this grant agreement, will be the property of the STATE and are by this grant agreement assigned to the STATE along with ownership of any and all copyrights of the copyright abie material. GRANTEE also agcees, upon the request of the STATE, to execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights on such materiais. Where applicable, works of authorship created by GRANTEE for the STATE in performance of this grant agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. _ XlV. AMENDMENT. Any amendments to this grant agreement shall be in writing, and shall be executed by the same parties who executed the original grant agreement, or their successors in o�ce. XV, LIASILITY. GRANTEE agrees to indemnify, save, and hotd harmless the STATE, its representatives and employees from any and all claims or causes of action, including all reasonable attorney's fees incurred by the STATE, arising from the performance of this grant agreement by GRANTEE or GRANTEE'S agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. 7his cfause sha11 not be construed to bar any legaf remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this grant agreement. XVI. WORKERS' COMPENSATtON. GRANTEE certifies that it has compVied with the workers' compensation insurance coverage requirement of the Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. XVII. GOVERNMENT DATA PRACTICES ACT. The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to ail data provided by the STATE in accordance with this grant agreement and as it applies to all data created, coliected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this grant agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this clause by either the GRANTEE or the STATE. in the event the GRANTEE receives a request to release the data referred to in this ciause, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the request+ng pasty before the data is released. XVIII. JURISDICTION AND VENUE. This grant agreement, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue 4or all tegal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. Page 5 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc i�.'� • ) o�-r�r XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s) prior to the execution of this grant agreement for the following coverage: A.GRANTEE owned or leased vehicles being contributed to the Strike Force: Automobile Liability: GRANTEE agrees to provide automobile liability coverage on all GRAkNTEE owned or leased vehicles. The limits of liability for such coverage must be $300,000.00 for bodily injury and property damage per pesson, and $1,000,000.00 bodily +njury and property damage per occurrence during the period of, July 1, 2001 through June 30, 2003. Shouid the GRANTEE need to replace an owneci or leased vehicies during the life of this grant agreement, the GRANTEE agrees to provide the STATE with a cert�cate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s). This must be done at the time that the vehicle is replaced, see additional information in Clause I, Paragraph f, of ihis grant agreement. XX. DATA DISCLOSURE. Under Minn. Stat. § 270.66, and other applicable law, the GRANTEE consents to disclosure of its social security number, federal employer tax ident�cation number, and/or Minnesota tax identification number, already provided to ihe State,lo federai and state tax agencies and state personne{ involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the GRANTEE to file state tax returns and pay delinquent state tax liabilities, 'rf any. IN WITNESS WHEREOF, the parties have caused the grant to be duly executed intending to be bound thereby. 1. City o Paui The GRANTEE ce ° fhe grant agreement on applicable articfes, by-1� By: Title: Date: By: Tifle: 3. CI By: Date: hereto. e appropriate person(s) have executed of ihe GRANTEE as required by a{utions. or ordinances. 2. DEPARTMENT OF PUBLIC SAFETY (with delegated authoriry) /% � By: Title: �e nt and o liga6ng GRANTEE to the condiGOns,of the gran�greement, must be author¢ed. T�c` GRANTEE to enter i�to this grant agreement and designating persw�{s) to execute this grant agreen ,.�.� c� C r, �: 1" � r 2. ,-.� �� '� � q F C% �- , i copy or vie must be attached �r'--e. S�ee 1 Page 6 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � ATTACHMENTI o�-r+�t� GANG STRIKE FORCE BUDGET Year 1 July i, 2001- Juue 30, 2002 Year 2 July 1, 2002 — June 30, 2003 Salary & Fringe $ 145,000 Salary & Fringe $ 145,000 3 GSF Members @$35,000 each 3 GSF Members @$35,000 each 1 Supervisor @$40,000 1 Supervisor @$40,000 $ Contracted Services $ Contracted Services Training $ _ Training $ TraveUTransportation $ TraveUTransportation $ `�'hquipment $ Equipment $ Office Expenses $ Office Expenses $ Program Expenses $ Program Ezpenses $ YEAR 1 TOTA1 $145,00� YEAR 2 TOTAL $145,000 pTAL $ 290,000 �_ STATE OF M{T3NESOTA a � � DEPARTMENT OF PUBLIC SAFETY Criminal Gang Sfrike Force - Statewide Commander Reimbursement Grant SFY Fund Agency Number Org/Sub Appr. Unit 02 �pp pp7 6910 690 03 Entry Locn Object Code Requisition No. Contract No. Order No. �3 5aoo �25 �'S(o Vendor Number Commodity Code Total Obligation Total Obligation for FY oss�s0002 b Z � _ $zao,os7.00 02 $117.sas.00 � � 03 $122,244.00 THIS COOPERATIVE AGREEMENT, by and between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevenrion ("STATE") and the City of St. Paul, St. Paul Police Department, ("GRANTEE"), witnesseth that: WHEREAS, the STATE is the agency responsible for administration of funds available to the Stat� of ___, _._ Minnesota under provisions of Minnesota Statutes 299A.66, Subdivision 1 and 2, and the Laws of Minnesota 2001, lst Special Session, Chapter 8, Article 4, Section 10, Subd. 7, to fund the organization and operation of the Criminal Gang Oversight Council ("Council"), and Strike Force described in Minnesota Statutes, 299A.64; and WHEREAS, the STATE is also authorized under provisions of Minnesota Statutes 299A.66, Subdivision l to award grants to local law enforcement agencies, sheriffs offices, and other organizations that have contributed members to the Criminal Gang Strike Force ("Strike Force"), and are required to hire new persons to replace those who have joined the Strike Force; and WHEREAS, GRANTEE is authorized to accept state funds for this purpose; and WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks associated with the Criminal Gang Strike Force; NOW, THEREFORE, the STATE and GRANTEE agree as follows: I. SCOPE, PURPOSE, AND TASKS OF AGREEMENT. GRANTEE will carry out the tasks described below in this grant agreement and the tasks described and approved by the STATE and the Council as stated in the GRANTEE'S applicarion, hereby incorporated by reference and made a part of this grant agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Squaze, St. Paul, Minnesota_ GRANTEE will also contribute Lieutenant Ron Ryan, an employee of the GRANTEE, to be a member of the Strike Force. As a member of the 5trike Page 1 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc d o�-r4r Force, Lieutenant Ryan will also be the Statewide Criminal Gang Strike Force Commander (`Statewide Commander") as designated and appointed by the Council. A. All members contributed by the GRANTEE to the Criminal Gang Strike Force ("Strike Force") must be licensed peace officers or federai law enforcement agents found by the Minnesota Boazd of Peace Officer Standards and Training to have equivalent qualifications. B. All members shall continue to be employed by the same entity by which they w.ere employed before joining the Strike Force. However, while on the Strike Force members are under the exclusive command of the Strike Force. The Statewide Commander is under the exclusive command of the Council. C. GRANTEE agrees to abide by the by-law and strategies, policies and procedures of the Council. D. Also, to the greatest extent possible, Lt. Ryan will serve as Statewide Commander of the Strike Force for the enrirety of its existence. E. Should the Statewide Commander desire to be transferred back to the position he held before joining the Strike Force, the Statewide Commander may request a transfer from the Council. The Council shall approve and arrange far the requested transfer as soon as is pracficable. _ The person in charge of the organization from which the Statewide Commander came also may request that a Statewide Commander be transferred back. In this instance, the Council shall approve and arrange for the requested transfer immediately or as soon as is practicable. The Council may also request that the Statewide Commander be transferred out of the Strike Force. In this instance, the Council shall approve and arrange for the requested transfer immediately or as soon as is practicable. If the Statewide Commander is transferred from the Strike Force, this grant agreement shall be terminated, and any grant funds receive under Minnesota Statute, Section 299A.66, Subdivision 1, and the Laws of Minnesota 2001, Ist Special Session, Chapter 8, Article 4, Section 10, Subd. 7, must be repaid to the STATE on a prorated basis, and within 30 days. F. Funds provided by this grant agreement must be used by tfie GRANTEE to hire a new person to replace Lt. Ryan who joined the Strike Force. Grant funds may not be used to pay for equipment or uniforms. G. Law enforcement officers who are members of the Strike Force have statewide jurisdiction to conduct criminal investigations and possess the same powers of arrest as those possessed by a sheriff. H. The STATE is not responsible for loss or damage to equipment or vehicles contributed by the GRANTEE for use by the Statewide Commander contributed to the Strike Force. Page 2 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc o � -a��r I. GRANTEE agrees to contribute equipment, vehicles, and other support to the Sh Force as stated and documented in GRANTEB'S approved and accepted grant application on file with the STATE. In all cases, all equipment and vehicles contributed to the Strike Force remain the properry of the GRANTEE, and the GRANTEE is solely responsible for all operating, maintenance, and repair costs of the equipment and vehicles. Should equipment and/or vehicles need to be replaced by the GRANTEE during the life of this grant agreement the GRANTEE shall provide the STATE'S Authorized Representative with a revised Equipment/Other Support (Form 5) from the Member Replacement Grant application, and shail list the replacement equipment and/or vehicles on this revised form. The revised Equipment/Other Support (Form 5) shall then become a part of the GRANTEE'S application on file with the STATE. II. CONSIDERATION AND TERMS OF PAYMEI3T. A. Consideration for all services perfonned and goods or materials supplied by the CTRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: Reimbursement to the GRANTEE shall not exceed 100% of the salary, which includes benefits, of the Stafewide Commander (Lt. Ryan) conhibuted to the Strike Force, and shall be in compliance with the budget outline specified in Attachxnent 1., of this grant agreement which is hereby incorporated by reference and made a part of this grant agreement. 2. The total obligation of the STATE for all compensation and reimbursement to the GRANTEE shail not exceed $117 843 00 (One Hundred Seventeen Thousand Eieht Hundred Fort -y Three and no/100 Aollars), from July 1, 2001 through June 30, 2002, and an additional amount of $122 244 00 (One Hundred Twentv-Two Thousand Two Hundred Fortk-Four and no/100 Dollazs from July 1, 2002, through June 30, 2003. Funds not expended by GRANTEE during the first state fiscal yeaz of this grant agreement will be canceled and will be re-established in the second fiscal year of the grant agreement. B. Terms of Payment. Payments to the GRANTEE will be made by the STATE at least quarterly but not more often than monthly and on a reimbursement basis. Final invoice pertaining to the first state fiscal year of this grant agreement must be received by July 31, 2002. Reimbursements from the second state fiscal year may commence on or after July 1, 2002. Final yeaz's invoice amount for the first state fiscal year of this grant agreement shall be net of any and all advances received from the STATE for that year. The final invoice pertaining to the second yeaz of this grant agreement must be received by July 31, 2003. 2. Payments shall be made by the STATE prompfly a$er GRANTEE'S presentarion of invoices for services performed and acceptance of such services by the STATE'S Authorized Representative, pursuant to Clause VII, of this grant agreement. Expenditures for each state fiscal year of this grant agreement must be for services performed within applicable state fiscal years. Page 3 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc dl-fiK9' 3. Upon GRANTEE'S request, an advance payment may be made after this grant agreement is fuliy executed, in an amount not to exceed 25% percent of the first state fiscal yeaz's budget total as determined necessary for execution of GRANTEE'S obligarions. 4. Reimbursement to the GRANTEE shall not exceed 100% of the salary, which includes benefits, of the Statewide Commander (Lt. Ryan) contributed to the Strike Force. 5. GRANTEE must use the funds provided by this grant agreement to pay the salary and benefits of a new officer hired to fill the contributed officer's (Lt. Ryan) position. 6. Invoices for reimbursement shall be filed in arrears at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for work satisfactorily performed. Tnvoices must be submitted using the foan provided by the STATE'S Authorized Representative, and must be sent directly to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Squaze, St. Paul, MN 55101-5100. Payments are to be made froxri State funds obtained by the STATE through the Criminal Gang ; Strike Force, authorized by Minnesota Statutes 299A.66, Subdivision 1 and 2, and the I;aws of_ Minnesota 2001, lst Special Session, Chapter 8, Article 4, Section 10, Subd. 7, to fund_the _ organization and operation of the Criminal Gang Oversight Council ("Council"), and Sfrike ,; : Force described in Minnesota Statutes, 299A.64. If at any time such funds become unavailable, this grant agreement shall be tenninated immediately upon written notice of such fact by the STATE to GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed for which State funds are availabie. The GRANTEE agrees to retum any unused funds to the STATE within 30 days of the effective termination date. 8. The GRANTEE will expend grant funds allocated for this program according to the attached budget outline specified in Attachment 1, of this grant agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories specified for each state fiscal yeaz of this grant agreement. The revised budget must be approved by the STATE'S Authorized Representative before any expenditures can be made based on the revised budget. 9. The GRANTEE agrees to retum any unused funds to the STATE unless prior approval for an extension has been granted by the STATE'S Authorized Representative and an amendment to the grant agreement has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending date of each state fiscal year of this grant agreement. III. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE as determined in the sole discretion of its Authorized Representative, and in accordance with ali applicable federal, state, and local laws, ordinances, rules and Page 4 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc a�-ryr regulations. GRAI3TEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in a violation of federai, state, or local law, ordinance, rule, or regulation. IV. FAILURE TO COMPLY. The GRANTEE agrees to retum funds to the STATE for any work the STATE in its sole discretion determined to be unsatisfactory or performed in violation of federal, state or local law, ordinance, rule or regulation. . V. REDUCfION, SUSPENSION, OR TERMINATION OF FUNDING. If GRANTEE does not fulfill obiigarions under the grant agreement in a timely and proper manner, or if GRANTEE violates condifions of the grant agreement, the STATE may reduce, suspend, or terminate funding with a 30day notice of the effective date of the action. GRANTEE shall be entitled to payment for work or service satisfactorily performed for which state funds aze available. VI. TERMS OF GRANT AGREEMENT. This grant agreement shall be effective on July 1, 2001 or upon the date that the final required signahue is obtained by the STATE, pursuant to MS 16C.05, Subd. 2, and shall remain in effect until June 30, 2003, or until all obligations set forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. VII. STATE'S AUTHORIZED REPRESENTATIVB. The STATE'S Authorized Representative is: Jeri Boisvert, Departrnent of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Squaze, St. Paul, MN 55101-5100, or his/her successor, and has the responsibility to monitor the GRANTEE'S performance and the authority to accept the services provided under this grant agreement. If the services are satisfactory, the STATE'S Authorized Representative will certify acceptance on each invoice submitted for payment. The GRANTEE'S Authorized Representative is William K. Finney, Chief of Police, St. Paul Police Deparhnent, 100 East 11�' Street, St. Paul, Minnesota If the GRANTEB'S Authorized Representative changes at any time during this grant agreement, the GRANTEE must immediately notify the STATE. VIII.REPORTING. GRANTEE will advise the STATE concerning program progress through such reasonable means as the STATE may find convenient. These will include the foliowing, and shall be submitted to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Square, St. Paul, MN 55101-5100. A. The GRANTEE will advise the STATE conceming the program progress through the submission of quarterly reports as required by the STATE'S Authorized Representative. B. Submission of a final evaluation report within 30 days after the termination date of this grant agreement. C. Submission of a final expendiYure report within 30 days after the termination of this grant agreement. D. GRANTEE shall make any and all program records, reports and other data available to the 5TATE upon request; this includes submission of copies of any reports, data, surveys (including survey Page 5 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand"]-16.doc � O + -t y1r instruments), or other materials for review and comment before they are prepared in final fonn, and six copies of all materials produced by the program following production of the materiais. E. If initiated, participation in statewide data collection and cooperarion with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual program evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRANTEE will establish a sepazate account of this program and will maintain fiscal records in accordance with generally acceptable accounting principles. GRANTEE'S records, documents, and accounting procedures and practices for this progam shall be subject to the examination of the STATE and/or State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. Fiscal records shall be retained for a period of six yeazs following submission of the final regort. B. Under Minn. Stat § 16.05, Subd, 5, the GRANTEE'S books, records, documents, and accounting procedures and practices relevant to this grant agreement aze subject to examination by STATE and/or State Auditor or Legisla6ve Auditor, as appropriate, for a minimum of six yeazs from the end of this grant agreement. X. NONDISCRIMINATION. As a condition of receiving support for this program, GRANTEE assures that it will meet ali applicable requirements of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil rights statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. XII.OWNERSHIP OF DOCUMENTS AND PRODUCTS. Any reports, studies, photographs, negatives, inshuments, curriculum, videotapes, training manuals, media messages, or other documents or products (hereinafter cailed documents or products) prepared by or for GRANTEE in the perfozmance of its obligations under trris grant agreement shall be exclusive property of the STATE. All such documents or products shall be remitted to the STATE by GRANTEE upon completion, termination, or cancellation of this grant agreement. GRANTEE shall not use, willingiy allow, or cause to have such materials used for obligations under this gant agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. All right, title and interest in all copyrightable material which GRANTEE shall conceive or originate either individually or jointly with others, and which arises out of the gerformance of this grant agreement, will be the property of the STATE and are by this grant agreement assigned to the STATE along with ownership of any and all copyrights of the copyrightable material. GRANTEE also agrees, upon the request of the STATE, to execute all papers and peiform all other acts necessary to assist tYie STATE to obtain and register copyrights on such materials. Where applicable, works of authorship created by GRANTEE for the STATE in performance of this grant agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. Page 6 ot y G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc o ► -rvt:=. XIV.AMENDMENT. Any amendments to this grant agreement shali be in writing, and shali be executed by the same parties who executed the original grant agreement, or their successors in office. XV. LIABILITY. GRANTEE agrees to indemnify, save, and hold hannless the STATE, its representarives and employees from any and all claims or causes of acrion, including all reasonable attorney's fees incurred by the STATE, arising from the performance of this grant ageement by GRANTEE or GRANTEE'S agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes 5ection 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for puiposes of Chapter 176. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligafions pursuant to this grant agreement. XVI. WORKERS' COMPENSATION. GRANTEE certifies that it has complied with the workers' compensarion insurance coverage requirement of the Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating uzder the scope of Minnesota 5tatutes Secfion 299A.65, members of the Strike Force aze "ennployees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. . — XVII. GOVERNMENT DATA PRACTICES ACT. The GRANTEE must comply with the Minnesota Govemment Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this grant agreement and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this grant agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data refesed to in this Clause by either the GRANTEE or the STATE. In the event the GRANTBE receives a request to release the data referred to in this Clause, the GRANTEE must immediately notify the STATE. The STATB will give the GRANTEE instruc6ons concerning the release of the data to the requesting party before the data is released. XVIII.JURISDICTION AND VEI3CTE. This grant ageement, and amendments and supplements thereto, shali be govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent,}urisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STAT'E as an addirional insured under the policy(s) prior to the execution of this grant agreement for the following coverage: A. GRAI�3TEE owned or leased vehicles being contributed to ihe Strike Force: Page 7 of 9 6:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc 0 � -��lr Automobile Liability: GItANTEE agrees to provide automobile liability coverage on all GRANTEE owned or leased vehicles. The limits of liability for such coverage must be $300,000.00 for bodily injury and property damage per person, and $1,000,000.00 bodily injury and property damage per occurrence during the period of, July 1, 2001 through June 30, 2003. Should the GR.ANTEE n�ed to zeplace an owned or leased vehicles during the life of this grant agreement, the GRANTEE agrees to provide the STAT'E with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s). This must be done at the rime that the vehicle is replaced, see additional information in Clause I, Pazagaph I, of this grant agreement. XX. DATA DISCLOSURE. Under Minn.Stat. § 270.66, and other applacable law, the GIiANTEE consents to disclosure of it social security number, federal employer tax idenrification number, and/or Minnesota tas identification number, already provided to the State, to federal and state tas agencies and state personnel involved in the payment of state obligations. These idenrification numbers may be used in the enfozcement of federal and state tax laws which could result in action requiring the GRANTEE to file state tax retums and pay delinquent state ta�c liabilities, if any. Page 8 ot y G:\ODP\DPSqrants\Debi\02-03GSFStwdCommand7-16.doc al-Y4� IN WITNESS WHEREOF, the parties have caused the grant to be duly executed intending to be bound thereby. 1. . ST. PALJ�POLICE DEPARTMENT � 2. DEPARTMENT OF PUBLIC SAFETY�- Ihe GRANTEE certif that [}ie appropriate person(s) have execu[ed the gant (wiih delegated authoriTy) ��- � ageement on behalf ot�ie GRANI'EE u requ'ued by applicable aztictes, By: Title: Date: By: Title: Date 3. B7 By: , '� Title: \ - - __ - Perso s) si 'ng th grant agreeznent and obiigating GRANTEE to the ditions of the grant agreement must be uthorized. A certified copy of the resolution authorizing the GRANTE o enter into this grant agreement and designating person(s) to execute this grant agreement must be attached her � � � � n � � � � -l-e �L C� r� � c� �� �F-e < e —, -1- � Y-�e� S tn e e� Page 9 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc ATTACHMENT 1 GANG STRIKE FORCE BUDGET Year 1 July 1, 2001- June 30, 2002 Year 2 July 1, 2002 — June 30, 2003 Salary & Fringe $117,843 Salary & Fringe $122,244 GSF Statewide Commander GSF Statewide Commander $ Contracted Services $ Contracted Services r �raining �: $ = Training $ TraveUTransporQation $ TraveUTransportation $ Equipment $ Equipment $ Office Expenses $ Office Expenses $ Program Egpenses $ Program Expenses $ YEAR 1 TOTA1 $117,843 YEAR 2 TOTAL $122,244 TOTAL $ 240,087 o � -r4� Q�'? �INAL Return Gopy To: Police Dept. Accounting Presented By: Referred To: 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 Committee:Date: WHEREAS, the Saint Paul Police Department has received a Criminal Gang Strike Force grant for the period from July 1, 2001 through June 30, 2003; and BE IT RESOLVED, that the City Council accepts this grant and authorizes the City to enter into, and Chief William �nney to implement the attached agreements with the State of Minnesota. 30 31 32 33 34 35 36 37 by Department of: Financial Services Director: Adopted by Council:Date: a a o Adoprion Certified by Council Sec ary: � By: a . �� Approved by Mayor:Date: BY� �"I /, StrikeForcegrantacceptance.cc2001 Council File # d � � ��r Green Sheet # 111813 RESOLUTION OF SAINT PAi3L, NIINNESOTA ao BY� ��.�. � Form ppr ved by City s Approve Mayor for BY� /i�ii� . � to Council: DEPARTMEN7/OFFICE/COUNCIL DATE INITIATED � � PoliceDeparhnent s/2/ot GREEN SHEET No. 111813 CON7A PERSON P INfnAVDA7E INRWJDnTE ChiefFinAey 292-3588 1 umexroirs�croa_ 5 fIYCO1INGL MUST BE ON COUNCIL AGENDA BY (DATE) O� Please process ASAP 3 n,ra,r�r I c=°� 1 L 1FMpN(.VJ.SSiVILF3Dt2 D' ))/� Hv m+wcuw.SERbAtGTG V� ] I► 1� � -r �rwYORIORlSASfANi)�(/� ❑NUYRNRIGiRS I�i '� / � TOTAL # OF SiGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolution accepting a Stnke Force grant from the Shte of Miuuesota and authorizing the City to eMer into, and (:hief William Finney to implement the attached agreements with the State of Minnesota. RECOMMENDATION AppfoVE (A) o� Rejed (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOH7NG OUESTIONS: 1. Has this persoNfirtn everworked under a cont2ctforthis depar[ment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Mas this personlfifin ever been a ciry emptoyee? CIVIL SERVICE COMMISSION YES NO 3. Dces this persoNfirtn possess a skill not rprtnally possessed by any curterrt ciry employee? YES NO 4. Is this personffrm a targeted vendoR YES NO Explain all yes answers on separete sheet and aHach to green sheet INITIATING PROBLEM ISSUE, O: POR7UNITY (WHO, WHAT, WHEN, WHffRE, WHI� The Saint Paul Folice Department k�as teceived a Sirike Force giant from the State of Minnesota for the period from July 1, 2001 tLrough June 30, 2003. The putpose of this grant is to idenrify, investigate, arrest, and prosecute gang members engaged in criminal activity. ADVAN7AGESIFAPPROVED Ability to accept grant funding to piosecute gang membexs engaged in criminal activiry. DISADVANTAGESIFAPPROVED None. DISADVANTAGES IF NOT APPROVED L°SS °f �t �"`�g. Gouncil �e�earch Cet►ter AU6 1 � �o� TOTAL AMOUNT OF TRANSACTION $ 724,00�_ COS'f�REVENI�€.-BUD6E7,ED (CIRCLE ON� YES NO FUNDING SOURCE State of Minn. Grant AC7NITY NUMBER 34155 FINANCIAL INFORMATION (F�(PLAIN) + StrikeForcegantacceptance.gs.2001 ,�. � - ` STATE OF MINNESOTA � GRANT AGREEMENT a � �, �� CRIMINAL GANG STRIKE FORCE (Overtime & Purchased or Leased Equipment, andlor Leased Vehicles) gFy Fund Agency Number Org/Sub Appr. Unit 02 �oo Po� ss�a sso 03 Entry Locn Object Code Reqvisi6on No_ Contracf No. Ocder No. 5g� A zsg a� Vendor Number Commodity Code Totai Obligation Total Obligation for FY 066790002-00 $193,920.00 � $��� 03: $96,960.00 THIS GRANT AGREEMENT, and amendments and supplemenu thereto, (hereinaRer "Ageement") is between the State of Minnesota, acting tluough its Commissioner of Public Saferi Office of Drue Policv and Violence Prevention(hereinafter "STATE"), which is empowered to enter into grant agreements pursuant to Minn.Stat. § 299A.01, Subd 2(4), and is further empowered to provide funding for the operation of the Strike Force pursuant to the Minn.Stat. § 299A.64 through 299A.66 and theLaws of Minnesota 2001, i st Special Session, Chapter 8, Article 4, Secflon 10, Subd., 7. and; Citv of St. Paul. St. Paul Police Deuartment, (hereinafrer "GRANT'EE"), a lceal law enforcement agency, sheriffs office, or other organization contributing members to the Cruninal Gang Shike Force, and autl�orized to accept state funds for the puipose of the STATE reimbursing the GRANTEE for expenses incurred and overtime salaries of GRANTEE'S members beinQ conhibuted bv the GRANTEE to the Criminal Gane Strike Force (hereinafter"Strike Force"1, and WAEREAS, the GRANTEE represents that it is duly qualified and willing to perform and carry out Yhe services and tasks set forth herein. -- - NOW, THEREFORE, it is agreed: I. GRANTEE'S DUTIES (Attach addirional pages if necessary which is incorporated by reference and made a part of this agreement.) GRANTEE shail: A. GRANTEE will carry out the tasks described below in this Agreement, and the tasks described and approved by the STATE and the Criminal Gang Oversight Council as stated in the GRANTEES application, hereby incotponted by reference and made a part of this Agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota. I. All members contributed by the GRANTEE to the Strike Force must be licensed peace officers or federal law enforcement agents found by the Minnesota Board of Peace Officer Standazds and Training to bave equivalent qualifications. 2. All members shall continue to be employed by the same entity by which they were employed before joining the Strike Force. However, while on the Strike Force members are under the exclusive command of the Strike Force. 3. GRANTEE agrees to abide by the bylaws and strategies, policies and procedures of the Council. 4. Also, to the greatest extent possible, members of the Strike Force will serve on the Strike Force for the entirety of its existence. 5. A member who desires to be transfeaed back to the position the member held before joining the Strike Force may request a hansfer from either the Suike Force regional commander, the Sh Force state wide commander, or the Criminal Gang Oversight Council (hereinafter called "Council"). The Council shall approve and arrange for the requested transfer as soon as is practicabie. F:\OD%Offic�alForms\Grants Templates�02A3GSFOTEq7-IO.dce CD00032-06 (04-22-96) Joint Powers Ageemrn[ lDPS-Ciri of St. Pan� (AAMIN.1O51j) Page I of7 The person in charge of the organization &om which the member came also may request that a member be transFerred back. In these instances, the Council shall approve and azrange for the requested transfer immediately or as soon as is practicable. 0 �.�y� The Strike Force commanders or the Council may also request that a member be transferred out of the Shike Force. In tl�ese instances, the Council shall approve and arrange for the requested transfer immediately or assoon as 9s practicable. If a member is transfeired from the Stnke Force, the person in charge of the organization from which the member came shall arrange for an experienced individual, acceptable to the Council to replace the transferred person on the Shike Force. If this azrengement cannot be made, any funds received under this Ageement must be repaid to the STATE on a prorated basis and with in 30 days. When a member is transferred in or out of the Strike Force, the GRANTEE shall provide the STATE'S Authorized Repcesentarive with a revised Criminal Gang Strike Force Member application. Once member lransfer is approved by the Council, the revised G7iminal Gang Strike Force Member application shall become a pazt of the GRANTEE'S application on file with the STATE. 6. Funds provided by this secrion of this Agreement aze for reimbursement to the GRANTEE for overtime hours, which includes benefiu, of the peison (member) worldng on the Saike Force. 7. Law enforcement officers who aze membeis of the Strike Force have statewide }urisdiction to conduct criminal investigations and possess the same powers of arrest as those possessed by a sheriff. 8. The GRANTEE agsees to conhibute equipment, vehicles, and otl�er support to the Suilce Force as stated and . documented in GRANTEE'S appro`ved and accepted grant application on file with the STAT'E. In all cases, all equipment and veLicles contributed to the Strike Force remains We property of the GRANTEE, and the GRANT'EE . - is solely responsible for all operating, maintenance, and tepair costs of the equipment and vehicles. The STATE is not responsible for loss or damage io equipment or vehicles contributed by the GRANTEE for use by the member contributed to the Shike Force. Should equipment and/or vehicles contributed by the GRANTEE need to be replaced by the GRANTEE during che life of this Agreement, the GRANTEE shall provide the STATE'S Authorized Representative with a revised Equipment/Other Support (Form S) from the Criminal Gang Strike Force Member application, and shall list the replacement equipment andlor vehicles on this revised form. The revised EquipmendOther Suppo�t (Form 5) sball then become a part of the GRANTEE'S application on file with the STATE. B. T6rough this Agreement, ihe GRANTEE shall also be reimbursed for cosu incuaed, and the GRANTEE agrees to cazry out the tasks described below in this Agreement and the tasks described and approved by the STATE and Council in the GRANTEE'S application which is on file with the STATE. 1. For all members contributed by the GRAN"I'EE to ihe Suike Force in which the GRAN"I'EE will purchase or lease equipment, ancllor'lease vehicles for the member to use while the member is working on the Shike Force, the GRANTEE requesu reimbursement for these costs as stated in Attachment I, of this Agreement. Attachmentl, is hereby incoiporated by reference and made a part of this Agreement. Purchased or leased equipment, and/or leased vehicles; however, shall not be the STATE'S responsibility, and the STATE shall not be responsible for the loss or damage of purchased or leased equipment, and/or leased vehicles by the GRANT'EE for use by the member contributed to the Strike Force. Also, in all cases, all equipment and vehicles contributed to the Strike Force shall remain the property of the GRANTEE, and the GRAN'TEE is solely responsible for all ogerating, maintenance, and repair costs of the equipment and vehicles. Non-consumable equipment purchased by the GRANTEE, in which the GRAN'1 EE receives reimbutsement from the STATE, shall be the property of the STATE; and shall be maintained by the GRANTEE throughout the life of this Ageement. The GRAN'I'EE shall return all purchased non-consumable equipment, pursuant to ihis Clause, to the STATE within 30 days of the expiration date, or termination or cancellation effective date of this Agreement. F:\ODP�O�cialFOrms\Grants Tempiates\02-03GSFOTEq CD00032-06 (04-22-96) Joint Powers Ageement SDpS'� ��Pa Se 2 oC� (ADMIN. 1051 j) g Should�equipment and/or vehicles owned or leased by [he GRAN"I�EE need to be replaced by [he GRANTEE during the life of this Agreement, the GRAI3�PEE shall provide the STATE'S Auihori2ed Representaiive with a revised Project Budget Narrative (Form 5) from [he Grant to Expand Local Capaciry to Combat Gangs application, and Q 1$1.� shalllist the replacement equipment and/or vehicles on this revised form. The revised Project Budget Narrative (Form 5) shall then become a part of the GRANTEES applicarion on file with the STATE. Renlacement of eyuinment andlor vehicles o�vned or leased bv the GRANTEE is NOT a covered reimbursement of this Apreement 2. It is further understood that the STATE shall only reimburse the GRANTEE for reimbursable cosu obligated by the GRANTEE during the life of this Agreement and not beyond. 3. Reimbursement for GRANTEES purcbase of a vehicle is not authorized by this Agreemen� II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration fox all services performed and goods or materiais supplied by the GRANTEE pursuant to Clause I, Section A., of this Agreement (Overtime) shall be paid by the STATE as follows: 1. Reimbursement to the GRANTEE shall be 100% of the person's (member's) overtirue salary, wluch includes benefiu, of the person (member) contributed to the Strike Force, and shall be in compliance with the budget outline included in Attachment 1, of this Agreement. 2. The total obligation of the STATE for all compensation and reimbursements to the GRANTEE shall not excezd $42 000 00 (Fortv-two Thousand DOLLARS and no/100), from July I, 2001 through June 30, 2002 and an additiona] amount of �42 000 00 (Fortv-two Thousand DOLLARS and no/1001, from July 1,2002, through June 30, 2003. Funds not expended by Ehe GRANTEE during the first state fiscal yeaz of tl�is Agreement will be cance`Ied -=� _ and re-established in the`seoond year of the Agreement. - B. Consideration for all services performed and goods or materials supplied by the GRANTEE pursuant to Clause I, Section B., of this Agreement (Purchased or Leased Equipment and/or Leased Vehicles, and for clerical support) will be paid by the STATE as foliows: 1. Reimbursement to the GRANTEE for purchased or leased equipment, and/or leased vehicles through this Agreement shall not exceed $109 920 00 (One Hundred Nine Thousand Nine Aundred Twentv DOLLARS and no/100 and shall be in compliance with the budget outline included in Attachment 1, of this Agreement. 2. The total obligation of the STATE for all compensation and reimbursemenu to the GRt1NTBE shall not cxceed $54 960 00 (Fiftv Four Thousand Nine Hundred Sistv DOLLAI2S and no/1001 from July 1, 2001 through June 30, 2002, and an additional amount of$54 960 00 (FiBv Four Thousand Nine Hundred Siatv DOLLARS and no/100 from July 1, 2002, through June 30, 2003. Funds not expended by the GRANTEE during the first state fiscal yeaz of this Agreement will be canceled and re-established in the second year of the Agreement. C. The TOTAL OBLIGATION of the STAT'E for all compensarion (overtune) and reimbursement (purchased or leased equipment and/or leased vehicles) to the GRANTEE shall not exceed$96 960 00 INinetv-Six Thousand Nine Aundred Siatv DOLLARS and nol100) from July 1, 2�01 tluough June 30, 2002; and shall not exceed the additional amount of $96 960 00 INinetv Six Thousand Nine Hundred Siari DOLLARS and nol1001, from July 1, 2002, through June 30, 2003. D. Terms of Payment. 1. Payments to the GRANTEE will be made by the STAT'E at least quarterly but not more often than monthly and on a reimbursement basis. Final invoice pertaining to the first state fiscal yeaz of this Ageement must be received by July 31, 2002. Reimbursements from the second state fiscal yeaz may commence on or aRer July 1, 2002- Final yeaz's invoice amount for the first state fiscal yeaz of this Agreement shall be net of any and all advances received from the STATE for that yeaz. The final invoice pertaining to the second yeaz of this Ageement must be received by July 31, 2003. F:\ODP�OfS cialFomss\Gnn�s Templales\02-03GSFOTEq7-I O.doc CD00032-06 (04-22-96) Joint Powers Agreemrnt (DPS-Ciiv Pa S e 3 of7 (ADMIN. ]OSIj) _ , g 2. Payments shall be made by [he STATE promptly afrer GRANTEE'S presentarion of invoices for services performed and acceptance of such services by Ihe STATE'S Authorized Representative, pursuant [o Clause VII, of this Agreement. Expenditures for each state fiscal year of this Agreement must be for services perfoimed within O`` b.� � applicable state fiscal years. 3. Upon GRANTEE'S request, an advance payment may be made afret this Agreement is fully executed, in an amount not to exceed 25%percent of the fust state fiscal yea�s budget total as determined necessary for execution of GRANTEE'S obligarions. 4. The GRANTEE will be reimbursed for all overtime worked by the contributed member up to but not to exceeding $8,400.00 per member, per state fiscal yeu. 5. The GRANTEE shall be reimbursed for clerical support in accordance with the budget request outline in Attachment 1., of this Agreement. 6. The GRANTEE will be reimbursed for each leased vehicle leased by the GRANTEE for use by the member conhibuted to the Strike Force. ' 7. Invoices for reunbursement shall be filed in azreazs at least quarterly, but not more often thanmonthly, and within 30 days of the period covered by the invoice for work satisfactorily performed. Invoices must be submitted using the form provided by the STAT'E'S Authorized Representative, and must be sent direcdy to Jeri Boisvert, or her successor in office, Department of Public Safery, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Squaze, St. Paul, MI3 55101-5100. 8. Payments aze to be made from State funds obtained by the STATE and authorized by theLaws of Minnesota 2001, Ist Special Session, Chapter 8, Article 4, Section 10, Subd,7. If at any time such funds become una"va�able; .- this Agreement shall be terminated immediately upon written notice of such fact by the STAT'E to the GRAN"I'EE: : In the event of such termination, the'GRANT'EE shall be entitled to payment, detemiined on a pio rnta basis; for "-- ,^-, services satisfactorily perFotmed for which State funds aze available. The GRANTEE agrees to return any unused funds to the STATE within 30 days of the effective termination date. 9. The GRANTEE will expend funds allocated for this program according to the attached budget oudine(s) specified in Attachment 1 of this Agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories. Therevised budget must be approved by the STATE'S Authorized Representative before any expenditures can be made based on the revised budget. 10. The GRAN"TEE agrees to retum any unused funds to the STATE unlessprior approval for an extension has been granted by the STATE'S Authorized Representative and an amendment to the Agreement has been duly executed. Unused fuuds must be retumed to the STATE within 30 days of ihe ending date of each state fiscal year of this Agreement. 1 I. When a member is transferred in or out of the Strike Force, the GRANTEE shall provide the STATE'S authorized representative with a revised Criminal Gang Strike Force Member application. Once member tsansfer is approved by the Council, the revised Criminal Gang Strike Force Member application shall become a part of the GRAN'I`EE'S application on file with the STATE. III, CONDTTIONS OF PAYMENT All services provided by the GRANTEE pursuant to this Agreement shall be performed to the satisfaction of the STATE, as deteimined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, mle or regulation. IV. FAILIJRE TO COMPLY The GRANTEE agrees ro return funds to the STATE for any work the STATE in iu sole discretion determined to be unsatisfactory or performed in violation of federal, state or local law, ordinance, mle or regulation. F:\ODP\OfliciatForms\Grants Templates\02A3GSFOTEq7 CD00032-06 (04-22-96) Ioin[ Powers Ageement J of St Pau (ADMIN. IOSIj) Page4 of'7 � V. REDUCTION SUSPENSION OR TERMINATION OF FUNDING If an GRANTEE does not fulfill obligations under the Agreement in a timely and proper manner, or if an GRANTEE violates conditions of the Agreement, the STATE may reduce, suspend, or terminate funding with a 30-day notice of the effective date of [he action. The GRANTEE shall be entitled to � payment for work ot service satisfactorily perfomted for which state funds are avai]able. � VI. TERMS OF AGREEMENT This Agreement shall be effective upon ihe date that the fmal required sig�ahue is obtained by the STATE, puisuant to Minn. Stat. § 16C.05, Subd_ 2, and shall remain in effect unril June 30, 2003, or until all obligations set forth in this Agreement have been satisfactorily ful£Iled, whichever occurs first VII. STATE'S AU"If�ORIZED REPRESENTATIVE The STATE'S Authorized Representative is Jeri Boisvert, address Aepartment of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Squaze, Sk Paul, MN 55101-5100 or his/her successor, and has the responsibility to monitor the GRANTEES performance and the authority to accept the services provided under this Agreement. If the services are satisfactory, the STATE S authorized representative will certify acceptance on each invoice submitted for payment. The GRANTEE'S Authorized Representative is William Finnev St Paul Police Department 100 East l lth Street, St. Paul. Minnesota 55101. If the GRANTEE'S Authorized Representative changes at any tune during this Agreement, the GRANT'EE must immediately notify the STATE. VIII. REPORTTNG GRANTEE will advise the STA1'E conceming program progress through such reasonable means as the STATE may find convenient. These will include the following, and shall be submitted to:Jeri Boisvert, or her successor in office, Department of Public Safery, Office of Drug Policy and Violence Prevention, 444 Cedaz Street, Suite 100, Town Square, St. Paui, MN 55101-5100. A. The GRANT'EE will advise the STATE conceming the program progress through the submission of quarterly reports as requued by the STAT'E'S Authorized Representarive. B. Submission of a final evaluation7eport within 30 days afrer the teTminarion date of Uils Agreement. C. Submission of a finai expenditure report within 30 days after the termination oFthis Agreement. D. GRANTEfi shall make any and all prograzn records, reports and other data available to the STATE upon reques[; this includes submission of copies of any reports, data, surveys (including survey inshuments), or other materials for review and comment before they aze prepazed in final form, and six copies of all materiais produced by the program following production of the materials. E. If initiated, participation in statewide data collection and cooperation with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual progratn evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRANTEE will establish a separate account of this program and will maintain fiscai records in accordance with generaily acceptabie accounting principles. GRANT'EE'S records, dceuments, and accounting procedures and practices for this program shall be subject to the examination of the STAT'E and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six year from the end of this Agreement. Fiscal records shall be retained for a period of six years following submission of the fmal report. B. Under Minn. Stat § 16A5, subd. 5, the GRAN'TEE'S books, records, documenu, and accounting procedures and practices relevant to this Agreement are subject to examinarion by STA"i'E and/or State Auditor of Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. X. NONDISCRIMINATION. As a condition of receiving support for this program, the GRANTEE assures that it will meet all appiicable requiremenu of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil righu statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the STATE. F:\ODP\O�cialFom�s\Grants Templatesl02-03GSFOTEq CD00032A6 (04-22-96) 7oint Powers Agreemrnt (DPS-C'tv of St. PauB (ADMIN. I OS l j) Page S of 7 XII. OWNERSHIP OF DOCi7MENTS AND PRODUCIS. Any reporis, studies, photographs, negatives, instrumen[s, cumculum, videotapes, training manuals, media messages, or other documents or products (hereinafrer called documents or products) t f{ r prepazed by or for the GRANTEE in the performance of its obligations under this Agreement shall be exclusive property of O � the STATE. All such documents or products shall be remitted to the STATE by the GRANTEE upon completion, termination, or cancellation of this Agreement. GRANTEE shall not use, willingly allow, or cause to have such materials used for obligations under this Agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. All right, ritle and interest in all copyrightable material which the GRANTEE sLall conceive or originate either individvally or jointly with othe�, and which arises out of the performance of tius Agreement, will be the property of the STATE and aze by this Agreement assigned to ihe STATE along with ownership of any and all copyrights of the copyrightable material. GRANTEE also agrees, upon the reqnest of the STAT'E, to execute all papers and perFo7m all other acts necessary to assist the STATE to obtain and register copyrights on such materials. Where applicable, works of authorship created by the GRANTEE for the STATE in performance of this Agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. XIV. AMENDMENT. Any amendments to this Agreement shall be in writing, and shall be executed by the same parties who exewted the original Agreement, or their successors in office. XV. LIABILITY. GRANTEE agrees to indemnify, save, and hold harmless the STATE, its representatives and employees from any and all claims or causes of action, including all reasonable attomey's fees incucred by the STA1'E, arising from the performance of this Agreement by GRANTEE or GRAN'I'EES agenu or employees. Except, in accordance with the grovisions of Minnesota Statutes Section 299A.65, while operating under the scope of Minnesota Statute Section 299A.65, members of the Strike Force aze "employees of the state" as defined in secfion 3.736 and are considered employees of the Department of Public Safety for pucposes of Chapter 176. This clause shall not be construed to bar any legal remedies GRAN'I'EE may have for the STAT'E'S failure to fulfill its obligadons pursuant to this Agreement. ,, XVI. WORKERS' COMPENSATION. GRANTEE certifies ihatit has complied with the workers' compensation insurance '_ -= coverage requirement of ihe Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of �, Minnesota Stamtes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Shike Force aze "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for puiposes of Chapter 176. XVII. GOVERNMENT DATA PRACTTCES ACT. The GRP,NTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STAT'E in accordance with this Agreement and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this clause by either the GRANTEE or the STATE. In the event the GRANTEE receives a request to release the data referred to in this ciause, the GRANTEE must unmediately notify the STATE. The STATE will give the GRAN'TEE instructions conceming the release of the data to the requesting party before the data is released XVIR. 7URISDICTION AND VENUE. This Agreement, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for alllegal proceedings arising out of thisAgreement, or breach thereof, shail be in the state or fedemi court with competent jurisdiction in Raznsey County, Minnesota. XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to pxovide the STATE with a certificate(s) of insurance, or a statement of seif-insurance, nazning the STATE as an additional insured under the policy(s) prior to the execurion of this Agreement for the following coverage: A. GRAN"I'EE owned or leased vehicies being conhibuted to the Strike Force: F:\ODNORc�alForms\Granls Templa[es\02-03GSFOTEq CD00032-06 (04-22-96) Join[ Powers Ageemrnt (DPS{'�tv of St PauL (ADMIN. I OS I j) Page 6 of 7 Automobile Liabiliry. GRANTEE agrees to provide automobile liability coverage on all GRANTEE owned or leased veh�cles. The ]imi[s of liability for such coverage must be $300,000.00 for bodily injury and property daanage per person, and $1,000,000.00 bodily injury and property damage per occurzence during the period of July 1, 2001 through June 30, 2003. � t�� �� Should the GRt1N'I'EE need to replace an owned or leased vehicles during the life of this Agreement, the GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an addirional insured under the policy(s). This must be done at the time that the vehicle is replaced, see additional infoimation in Clause I., Secrion A., item 8, and/or Clause I., Section B., item 1., of this Ageement. XX. DATA DISCLOSURE. Under Minn. Stat. § 270.66, and other applicable law; the GRANTEE consenu to disclosure of its social security number, federal employer taY identification number, andlor Minnesota tas identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state taY ]aws which could result in action requiring the GRANTEE to file state tas retums and pay delinquent state taz liabilities, if any. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. APPROVED: 1. City of . GRANTEE certifies pgeement on behal laws, resolutions, or By Title Date By Title Date pe�on(s) have executed the as required by applicable articles, by- 2. STATE (DEPARTMENT OF PUBLIC SAFETS� By (auNorized signahtte) Title 3. ENCUMBERED BY: �'J-e �.'�/: `U �.: �CS U n ol C< rT��.�.� � l"��-'-� S�ec 7 J F:\ODP\OfficialFortns\Grants Templates\02-03GSFOTEq7-IO.doc CD00032-06 (04-22-96) Joint Powers Agreemrnt (DPS-C�tv of St. PauA (ADMiN. IOSIj) Page7 ofl r.. ATTACHMENT 1 0 � -�y� GANG STRIKE FORCE BUDGET Year 1 Juty 1, 2001- June 30, 2042 Year 2 Juty 1, 2002 — June 30, 2003 Salary & Fringe $ 42.000 Salary & Fringe $ 42,000 Overtime for 5 Officers @$8,400 Overtime for 5 Officers @$8,400 $ Contracted Services $ Contracted Services Training $ : Training $ TraveUTransportation $ 54 960 TraveUTransportation 54 960 Vehicle Leasing Vehicle Leasing Equipment $ Equipment $ Office Eapenses $ Office Expenses $ Pmgram Expenses $ Program Ezpenses $ YEAR 1 TOTA1 $96,960 YEAR 2 TOTAL $96,960 TOTAL $193,920 . •; � STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Criminai Gang Strike Force - Reimbursement Grant 0�-�4Y SFY Fund Agency Number Org/Sub Appr. Unit 02 100 P07 6910 690 03 Entry Locn Object Code Requisition No. Contract No. . Order No. `\ 5soo �t2���t� Vendor Number CommodiN Code Total Obligation ToNal Obliqation for FY 066790002-00 Q'Z� — p ° $290,000.00 03: $145,000.00 THIS COOPERATIVE AGREEMENT, by aad between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevention ("STATE") and the City of St. Paui, St. Paul Police Department ("GRANTEE"), witnesseth that: WHEREAS, the STATE is the agency responsible for administration of funds available to the State of Minnesota under provisions of Minnesota Statutes 299A.66, Subdivision 1 and 2, the Laws of Minnesota 2001, 1st Special Session, Chapter 8, Articie 4, Section 10, Subd. 7, to fund the organization and operation of ihe Criminaf Gang Ovessight Council and Strike Force described in Minnesota Statutes, 299A.64; and WHEREAS, the STATE is also authorized under provisions of Minnesota Statutes 299A.66, $ubdivision 1 to award ,_�?_-; .`--°°= _ grants to locai law enforcement agencie§, sheriff's offices, and other organizations that have contributed members tolhe._ _:- Criminai Gang Strike Force and are required to hire new persons to replace those who have joined the Strike Force; and WHEREAS, GRANTEE is authorized to accept state funds for this purpose; and WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks associated with the Criminal Gang Strike Force; NOW, THEREFORE, the STATE and GRANTEE agree as foiiows: SCOPE, PURPOSE, AND TASKS OF AGREEMENT. GRANTEE will carry out the tasks described below in this grant agreemeni, and the tasks described and approved by the STATE and the Criminal Gang Oversight Councii as stated in the GRANTEE'S appiication, hereby incorporated by reference and made a part of this grant agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota. A. All members contributed by the GftANTEE to the Criminat Gang Strike Force {"Strike Force") must be licensed peace officers or federai law enforcement agents found by the Minnesota Board of Peace Officer Standards and Training to have equivalent qualifications. B. Aii members shall continue to be employed by the same entity by which they were employed before joining the Strike Force. However, whi4e on the Strike Force members are under the exclusive command of the Strike Force. C. GRANTEE agrees to abide by the by-law and strategies, poficies and procedures of the Council. D_ Atso, to the greatest extent possible, members of the Strike Force will serve on the Strike Force for the entirety of its existence. Page 1 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc :� o� -a�yr E. A member who desires to be fransferred back to the position the member held before joining the Strike Force may request a transfer from either the Strike Force regional commander, the Strike Force state wide commander, or the Criminal Gang Oversight Councii (hereinafter called "Council"). The Council shall approve and arrange for the requested transfer as soon as is practicable. The person in charge of the organization from which the member came also may request ihat a member be transferred back. In these instances, the Council shall approve and arrange for the requested transfer immediafely or as soon as is practicabie. ' The Strike Force commanders or the Council may aiso request that a member be transferred out of the Strike Force. In these instances, the Council shall approve and arrange for the requested trarisfer immediately or as soon as is practicable. If a member is transferred from the Strike Force, the person in charge of the organization from which the member came shalt arrange for an experienced individual, acceplable to the Councit to repiace the transferred person on the Strike Force. If this arrangement cannot be made, any grant funds received under Minnesota Statutes, Section 299A.66, Subdivision 1, must be repaid to the STATE on a prorated basis and within 30 days. When a member is transferred in or out of the Strike Force, GRANTEE shail provide the STATE'S authorized representative with a revised Member Replacement Grant application. Once member transfer is approved by the Council, the revised Member Replacement Grant application sha11 become a part oE the GRANTEE'S application on file with the STATE. F. Funds provideci by this grant agreement must be used by the GRANTEE to h+re a new person to replace the person (member) who joined tt�e Strike Force.. Grant funds may not be used to pay for equipment or uniforms. G. Law enforcement officers who are members of the Strike Force have statewide jurisdictio� to conduct criminal _ investigations and possess the same powers of arrest as those possessed by a sheriff. H. The STATE is not responsib4e for loss os damage to equipment or vehicles contributed by the GRANTEE for use by the member contributed to the Strike Force. I. GRANTEE agrees to contribute equipment, vehicles, and other support to the Strike Force as stated and documented in GRANTEE'S approved and accepted grant appiication on file with the STATE. In ail cases, all equipment and vehicles contributed to the Strike Force remains the property of the GRANTEE, and the GRANTEE is sotely responsibte for all operating, maintenance, and repair costs of the equipment and vehicles. Should equipment and/or vehicles need to be replaced by the GRANTEE during the life of this grant agreement the GRANTEE shali provide the STATE'S authorized representative with a revised Equipment/Other Support (Form 5) from the Member Replacement Granf appiication, and shall list the repiacement equipment and/or vehicles on this revised form. The revised EquipmenVOther Support (Form 5) sha!I then become a part of the GRANTEE'S application on file with the STATE. II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials suppiied by the GRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: 1. Reimbursement to the GRANTEE shall not exceed the total doilar amount spec�ed in Attachment 1 ofi this grant agreement for the salary, which includes benefits, of the person (member) contributed to the Strike Force, and shall not exceed �145 000 00 (One Hundred Fortv-Five Thousand and no/100 Doilars), for state fiscal year 2002 (July 1, 2001, through June 30, 2002), and an additional 5145 000 00 (One Hunared Fortv- Five Thousand and no/100 Dollarsl, for state fiscai year 2003 (July 1, 2002, through June 30, 2003). Funds not expended by the GRANTEE during the first state fiscalyear of this grant agreement will be canceled and wiil be re-established in the second year of the grant agreement. Attachmeni 1 is hereby incorporated by reference and made a part of this grant agreement. B. Terms of Payment. Page 2 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � a � -Yv1' 1. Payments fo the GRANTEE will be made by the STATE at least quarteriy but not more often than monthiy and on a reimbursement basis. Final invoice pertaining to the first state fiscal year of this grant agreement must be received by July 31, 2002. Reimbursements from the second state fiscal year may commence on or after July 1, 2002. Final yeats invoice amount for the first state fiscal year of this grant agreement shall be net of any and all advances received from the STATE for that year. The final invoice pertaining to the , second year of this grant agreement must be received by July 31, 2003. 2. 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 lo Clause VII, of this grant agreement. Expenditures for each state fiscal year of this grant agreement must be for services performed within applicable state fiscal years. 3. Upon GRANTEE'S request, an advance payment may be made after this grant agreement is fully executed, in an amount not to exceed 25% percent of the first state fiscal year's budget total, as determined necessary for execution of GRANTEE'S obligations. 4. Reimbursement to the GRANTEE shail not exceed the salary, which includes benefits, of the person (member) contributed to the Strike Force. Salary's of person (member) contributed to the Strike Force are included in the GRANTEE'S application on file with the STATE and approved by the STATE and Council. 5. GRANTEE must use the funds provided by this grant agreement to pay the salary and benefits of a new o�cer hired to fill the contributed officer's (member's) position. 6. Invoices for reimbursement shall be filed in a�rears at least quarterly, but not more often than monthly, and_, ,__;_ : within 30 days of the period covered by the invoice for work satisfactorily performed. Invoices must be _ submitted using the form provided by the STATE'S authorized representative, and must be sent directly to: Jeri Boisvert, or her successor in o�ce, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Sfreet, Suite 100, Town Square, St. Paui, MN 55101-5100. 7. Payments are to be made from State funds obtained by the STATE through the Criminal Gang Strike Force, authorized by Minnesota Statutes 299A.66, Subdivision 1, theLaws of Minnesota 2001, 1st Special Session, Chapter 8, Article 4, Section 10, Subd. 7. if at any time such funds become unavailable, this grant agreement shaii be terminated immediately upon written notice of such fact by the STATE to GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed for which State funds are availabie. The GRANTEE agrees to return any unused funds to the STA7E within 30 days of the effective termination date. 8. The GRANTEE will expend grant funds allocated for this program according to the attached budget outline specified in Attachment 1, of this grant agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories specified for each state fiscal year of this grant agreement. The revised budget must 6e approved by the STATE'S authorized representative before any expenditures can be made based on the revised budget. 9. The GRANTEE agrees to return any unused funds to the STATE uniess prior approval for an extension has been granted by the STATE'S authorized representative and an amendment to the grant agreement has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending date of each state fiscal year of this grant agreement. 10. When a member is transferred in or out of the Strike.Force, GR.4NTEE shail provide the STATE'S authorized representative with a revised Member Replacement Grant application. Once member transfer is approved by the Council, the revised Member Replacement Grant application shall become a part the GRANTEE'S appiication on file wiih ihe STATE. 111. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE as determined in the sole discretion ot its Authorized Representative, and in accordance with ali applicable federal, state, and local laws, ordinances, rules and regulations. GRANTEE Page 3 of b F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-lb.doc � c� -r�►i� shali not receive payment for work found by the STATE to be unsatisfactory, or performed in a violation of federal, state, or local law, ordinance, rule, or regulation. IV. FAI�URE TO COMPLY. The GRANTEE agrees to return funds to the STATE for any work the STATE in its sole discretion determined to be unsatisfactory or performed in violation of federal, state or Iocal law, ordinance, rule or regulation. V. REDUCTION, SUSPENSION, OR 7ERMINATION OF FUNDING. If a GRANTEE does not fuifill obiigations under the grant agreement in a timely and proper manner, or if GRANTEE violates conditions of the grant agreement, the STA7E may reduce, suspend, or terminate fiunding with a 34-day notice oF the effective date of the action. GRANTEE shall be entitled to payment for work or service satisfactorily performed for which stste funds are available. VI. TERMS OF GRAN7 AGREEMENT. This grant agreement shall be effective on July 1, 2001, or upon the date that the final required signature is obtained by the STATE, pursuant to MS 16C.05, Subd. 2, whichever occurs later, and shall remain in effect until June 30, 2003, or until all obligations set forth in this grant agreement have been satisfactorily fu�iled, whichever occurs first. VII. STA"fE'S AUTHORIZED REPRESENTATIVE. The STATE'S Authorized Representative perFormance and the auth satisfactory, the STATE'S The GRANTEE'S Authorized 100 or hisiher successor, and has the responsibi4ity to monitor the GRANTtE'S to accept the services provided under this grant agreement. If the services are iorized Representative will certify acceptance on each invoice submitted for payment. is ice Ueoartment �uu tas[ - i - im � - changes at any time during this,`_ - Street St Paul. Minnesota 551Q0. If the GRANTEE'S Authorized Ke grant agreement, the GRANTEE must immediately notify the STATE. VIII. REPORTING. GRANl EE wilt advise the STATE concerning program progress through such seasonable means as the STATE may find convenient. These will include the following, and shall be submitted to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Square, St. Paul, MN 55101-5100. 1. 7he GRANTEE will advise the STATE concerning the program progress through the submission of quarterly reports as required by the STATE'S Authorized Representative. B. Submission of a final evaluation report within 30 days after the termination date of this grant agreement. C. Submission of a final expenditure report within 30 days after the termination of this grant agreement. D. GRANTEE shall make any and aii program records, reports and other data available to the STATE upon request; this inciudes submission of copies of any reports, data, surveys (inciuding survey instruments), or other materials for review and comment before they are prepared in final form, and six copies of ail materials produced by the program following production of the materials. E. If initiated, participation in statewide data collection and cooperation with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual program evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRAN7EE will estabiish a separate account of this program and will maintain fiscai records in accordance with generaAy acceptable accounting principles. GRANTEE'S records, documents, and accounting procedures and practices for this program shall be subject to the examination of the STATE and/or the State Auditor or Legislative Auditor, as appropriate for a minimum of six years from the end of this grant agreement. Fiscal records shall be retained fos a period of soc yeass following submission of the final report. Page 4 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � o �_ryr B. Under Minn. Stat. 16.05, subd. 5, the GRANTEE'S books, records, documents, and accounting procedures and practices relevant to this grant agreement are subject to examination by the STATE and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. X. NONDISCRIMlNATION. As a condition of receiving support for this program, GRANTEE assures that it will meet ali applicable requirements of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil rights statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. XII. OWNERSHIP OF DOCUMENTS AND PRODUCTS. Any reports, studies, photographs, negatives, instruments, curriculum, videotapes, training manuals, media messages, or other documents or products (hereinafter called documenis or products) prepared by or for GRANTEE in the performance of its obligations under this grant agreement shall be exclusive property of the STATE. All such documents or products shall be remitted to the STATE by GRANTEE upon completion, termination, or canceliation of this grant agreement. GRANTEE shali not use, willingly allow, or cause to have such materials used for obligations under this grant agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. Ail right, title and interest in all copyright able material which GRANTEE shafl conceive or originate either individually or jointly with others, and which arises out of the performance of this grant agreement, will be the property of the STATE and are by this grant agreement assigned to the STATE along with ownership of any and all copyrights of the copyright abie material. GRANTEE also agcees, upon the request of the STATE, to execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights on such materiais. Where applicable, works of authorship created by GRANTEE for the STATE in performance of this grant agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. _ XlV. AMENDMENT. Any amendments to this grant agreement shall be in writing, and shall be executed by the same parties who executed the original grant agreement, or their successors in o�ce. XV, LIASILITY. GRANTEE agrees to indemnify, save, and hotd harmless the STATE, its representatives and employees from any and all claims or causes of action, including all reasonable attorney's fees incurred by the STATE, arising from the performance of this grant agreement by GRANTEE or GRANTEE'S agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. 7his cfause sha11 not be construed to bar any legaf remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this grant agreement. XVI. WORKERS' COMPENSATtON. GRANTEE certifies that it has compVied with the workers' compensation insurance coverage requirement of the Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes Section 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. XVII. GOVERNMENT DATA PRACTICES ACT. The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to ail data provided by the STATE in accordance with this grant agreement and as it applies to all data created, coliected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this grant agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this clause by either the GRANTEE or the STATE. in the event the GRANTEE receives a request to release the data referred to in this ciause, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the request+ng pasty before the data is released. XVIII. JURISDICTION AND VENUE. This grant agreement, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue 4or all tegal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. Page 5 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc i�.'� • ) o�-r�r XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s) prior to the execution of this grant agreement for the following coverage: A.GRANTEE owned or leased vehicles being contributed to the Strike Force: Automobile Liability: GRANTEE agrees to provide automobile liability coverage on all GRAkNTEE owned or leased vehicles. The limits of liability for such coverage must be $300,000.00 for bodily injury and property damage per pesson, and $1,000,000.00 bodily +njury and property damage per occurrence during the period of, July 1, 2001 through June 30, 2003. Shouid the GRANTEE need to replace an owneci or leased vehicies during the life of this grant agreement, the GRANTEE agrees to provide the STATE with a cert�cate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s). This must be done at the time that the vehicle is replaced, see additional information in Clause I, Paragraph f, of ihis grant agreement. XX. DATA DISCLOSURE. Under Minn. Stat. § 270.66, and other applicable law, the GRANTEE consents to disclosure of its social security number, federal employer tax ident�cation number, and/or Minnesota tax identification number, already provided to ihe State,lo federai and state tax agencies and state personne{ involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the GRANTEE to file state tax returns and pay delinquent state tax liabilities, 'rf any. IN WITNESS WHEREOF, the parties have caused the grant to be duly executed intending to be bound thereby. 1. City o Paui The GRANTEE ce ° fhe grant agreement on applicable articfes, by-1� By: Title: Date: By: Tifle: 3. CI By: Date: hereto. e appropriate person(s) have executed of ihe GRANTEE as required by a{utions. or ordinances. 2. DEPARTMENT OF PUBLIC SAFETY (with delegated authoriry) /% � By: Title: �e nt and o liga6ng GRANTEE to the condiGOns,of the gran�greement, must be author¢ed. T�c` GRANTEE to enter i�to this grant agreement and designating persw�{s) to execute this grant agreen ,.�.� c� C r, �: 1" � r 2. ,-.� �� '� � q F C% �- , i copy or vie must be attached �r'--e. S�ee 1 Page 6 of 6 F:\ODP\OfficialForms\Grants Templates\02-03GSFReimb7-16.doc � ATTACHMENTI o�-r+�t� GANG STRIKE FORCE BUDGET Year 1 July i, 2001- Juue 30, 2002 Year 2 July 1, 2002 — June 30, 2003 Salary & Fringe $ 145,000 Salary & Fringe $ 145,000 3 GSF Members @$35,000 each 3 GSF Members @$35,000 each 1 Supervisor @$40,000 1 Supervisor @$40,000 $ Contracted Services $ Contracted Services Training $ _ Training $ TraveUTransportation $ TraveUTransportation $ `�'hquipment $ Equipment $ Office Expenses $ Office Expenses $ Program Expenses $ Program Ezpenses $ YEAR 1 TOTA1 $145,00� YEAR 2 TOTAL $145,000 pTAL $ 290,000 �_ STATE OF M{T3NESOTA a � � DEPARTMENT OF PUBLIC SAFETY Criminal Gang Sfrike Force - Statewide Commander Reimbursement Grant SFY Fund Agency Number Org/Sub Appr. Unit 02 �pp pp7 6910 690 03 Entry Locn Object Code Requisition No. Contract No. Order No. �3 5aoo �25 �'S(o Vendor Number Commodity Code Total Obligation Total Obligation for FY oss�s0002 b Z � _ $zao,os7.00 02 $117.sas.00 � � 03 $122,244.00 THIS COOPERATIVE AGREEMENT, by and between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevenrion ("STATE") and the City of St. Paul, St. Paul Police Department, ("GRANTEE"), witnesseth that: WHEREAS, the STATE is the agency responsible for administration of funds available to the Stat� of ___, _._ Minnesota under provisions of Minnesota Statutes 299A.66, Subdivision 1 and 2, and the Laws of Minnesota 2001, lst Special Session, Chapter 8, Article 4, Section 10, Subd. 7, to fund the organization and operation of the Criminal Gang Oversight Council ("Council"), and Strike Force described in Minnesota Statutes, 299A.64; and WHEREAS, the STATE is also authorized under provisions of Minnesota Statutes 299A.66, Subdivision l to award grants to local law enforcement agencies, sheriffs offices, and other organizations that have contributed members to the Criminal Gang Strike Force ("Strike Force"), and are required to hire new persons to replace those who have joined the Strike Force; and WHEREAS, GRANTEE is authorized to accept state funds for this purpose; and WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks associated with the Criminal Gang Strike Force; NOW, THEREFORE, the STATE and GRANTEE agree as follows: I. SCOPE, PURPOSE, AND TASKS OF AGREEMENT. GRANTEE will carry out the tasks described below in this grant agreement and the tasks described and approved by the STATE and the Council as stated in the GRANTEE'S applicarion, hereby incorporated by reference and made a part of this grant agreement and on file with the STATE and located at 444 Cedar Street, Suite 100, Town Squaze, St. Paul, Minnesota_ GRANTEE will also contribute Lieutenant Ron Ryan, an employee of the GRANTEE, to be a member of the Strike Force. As a member of the 5trike Page 1 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc d o�-r4r Force, Lieutenant Ryan will also be the Statewide Criminal Gang Strike Force Commander (`Statewide Commander") as designated and appointed by the Council. A. All members contributed by the GRANTEE to the Criminal Gang Strike Force ("Strike Force") must be licensed peace officers or federai law enforcement agents found by the Minnesota Boazd of Peace Officer Standards and Training to have equivalent qualifications. B. All members shall continue to be employed by the same entity by which they w.ere employed before joining the Strike Force. However, while on the Strike Force members are under the exclusive command of the Strike Force. The Statewide Commander is under the exclusive command of the Council. C. GRANTEE agrees to abide by the by-law and strategies, policies and procedures of the Council. D. Also, to the greatest extent possible, Lt. Ryan will serve as Statewide Commander of the Strike Force for the enrirety of its existence. E. Should the Statewide Commander desire to be transferred back to the position he held before joining the Strike Force, the Statewide Commander may request a transfer from the Council. The Council shall approve and arrange far the requested transfer as soon as is pracficable. _ The person in charge of the organization from which the Statewide Commander came also may request that a Statewide Commander be transferred back. In this instance, the Council shall approve and arrange for the requested transfer immediately or as soon as is practicable. The Council may also request that the Statewide Commander be transferred out of the Strike Force. In this instance, the Council shall approve and arrange for the requested transfer immediately or as soon as is practicable. If the Statewide Commander is transferred from the Strike Force, this grant agreement shall be terminated, and any grant funds receive under Minnesota Statute, Section 299A.66, Subdivision 1, and the Laws of Minnesota 2001, Ist Special Session, Chapter 8, Article 4, Section 10, Subd. 7, must be repaid to the STATE on a prorated basis, and within 30 days. F. Funds provided by this grant agreement must be used by tfie GRANTEE to hire a new person to replace Lt. Ryan who joined the Strike Force. Grant funds may not be used to pay for equipment or uniforms. G. Law enforcement officers who are members of the Strike Force have statewide jurisdiction to conduct criminal investigations and possess the same powers of arrest as those possessed by a sheriff. H. The STATE is not responsible for loss or damage to equipment or vehicles contributed by the GRANTEE for use by the Statewide Commander contributed to the Strike Force. Page 2 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc o � -a��r I. GRANTEE agrees to contribute equipment, vehicles, and other support to the Sh Force as stated and documented in GRANTEB'S approved and accepted grant application on file with the STATE. In all cases, all equipment and vehicles contributed to the Strike Force remain the properry of the GRANTEE, and the GRANTEE is solely responsible for all operating, maintenance, and repair costs of the equipment and vehicles. Should equipment and/or vehicles need to be replaced by the GRANTEE during the life of this grant agreement the GRANTEE shall provide the STATE'S Authorized Representative with a revised Equipment/Other Support (Form 5) from the Member Replacement Grant application, and shail list the replacement equipment and/or vehicles on this revised form. The revised Equipment/Other Support (Form 5) shall then become a part of the GRANTEE'S application on file with the STATE. II. CONSIDERATION AND TERMS OF PAYMEI3T. A. Consideration for all services perfonned and goods or materials supplied by the CTRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: Reimbursement to the GRANTEE shall not exceed 100% of the salary, which includes benefits, of the Stafewide Commander (Lt. Ryan) conhibuted to the Strike Force, and shall be in compliance with the budget outline specified in Attachxnent 1., of this grant agreement which is hereby incorporated by reference and made a part of this grant agreement. 2. The total obligation of the STATE for all compensation and reimbursement to the GRANTEE shail not exceed $117 843 00 (One Hundred Seventeen Thousand Eieht Hundred Fort -y Three and no/100 Aollars), from July 1, 2001 through June 30, 2002, and an additional amount of $122 244 00 (One Hundred Twentv-Two Thousand Two Hundred Fortk-Four and no/100 Dollazs from July 1, 2002, through June 30, 2003. Funds not expended by GRANTEE during the first state fiscal yeaz of this grant agreement will be canceled and will be re-established in the second fiscal year of the grant agreement. B. Terms of Payment. Payments to the GRANTEE will be made by the STATE at least quarterly but not more often than monthly and on a reimbursement basis. Final invoice pertaining to the first state fiscal year of this grant agreement must be received by July 31, 2002. Reimbursements from the second state fiscal year may commence on or after July 1, 2002. Final yeaz's invoice amount for the first state fiscal year of this grant agreement shall be net of any and all advances received from the STATE for that year. The final invoice pertaining to the second yeaz of this grant agreement must be received by July 31, 2003. 2. Payments shall be made by the STATE prompfly a$er GRANTEE'S presentarion of invoices for services performed and acceptance of such services by the STATE'S Authorized Representative, pursuant to Clause VII, of this grant agreement. Expenditures for each state fiscal year of this grant agreement must be for services performed within applicable state fiscal years. Page 3 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc dl-fiK9' 3. Upon GRANTEE'S request, an advance payment may be made after this grant agreement is fuliy executed, in an amount not to exceed 25% percent of the first state fiscal yeaz's budget total as determined necessary for execution of GRANTEE'S obligarions. 4. Reimbursement to the GRANTEE shall not exceed 100% of the salary, which includes benefits, of the Statewide Commander (Lt. Ryan) contributed to the Strike Force. 5. GRANTEE must use the funds provided by this grant agreement to pay the salary and benefits of a new officer hired to fill the contributed officer's (Lt. Ryan) position. 6. Invoices for reimbursement shall be filed in arrears at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for work satisfactorily performed. Tnvoices must be submitted using the foan provided by the STATE'S Authorized Representative, and must be sent directly to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Squaze, St. Paul, MN 55101-5100. Payments are to be made froxri State funds obtained by the STATE through the Criminal Gang ; Strike Force, authorized by Minnesota Statutes 299A.66, Subdivision 1 and 2, and the I;aws of_ Minnesota 2001, lst Special Session, Chapter 8, Article 4, Section 10, Subd. 7, to fund_the _ organization and operation of the Criminal Gang Oversight Council ("Council"), and Sfrike ,; : Force described in Minnesota Statutes, 299A.64. If at any time such funds become unavailable, this grant agreement shall be tenninated immediately upon written notice of such fact by the STATE to GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed for which State funds are availabie. The GRANTEE agrees to retum any unused funds to the STATE within 30 days of the effective termination date. 8. The GRANTEE will expend grant funds allocated for this program according to the attached budget outline specified in Attachment 1, of this grant agreement. The GRANTEE will submit a revised budget for any deviation of 10% or more between the allowable funding categories specified for each state fiscal yeaz of this grant agreement. The revised budget must be approved by the STATE'S Authorized Representative before any expenditures can be made based on the revised budget. 9. The GRANTEE agrees to retum any unused funds to the STATE unless prior approval for an extension has been granted by the STATE'S Authorized Representative and an amendment to the grant agreement has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending date of each state fiscal year of this grant agreement. III. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE as determined in the sole discretion of its Authorized Representative, and in accordance with ali applicable federal, state, and local laws, ordinances, rules and Page 4 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc a�-ryr regulations. GRAI3TEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in a violation of federai, state, or local law, ordinance, rule, or regulation. IV. FAILURE TO COMPLY. The GRANTEE agrees to retum funds to the STATE for any work the STATE in its sole discretion determined to be unsatisfactory or performed in violation of federal, state or local law, ordinance, rule or regulation. . V. REDUCfION, SUSPENSION, OR TERMINATION OF FUNDING. If GRANTEE does not fulfill obiigarions under the grant agreement in a timely and proper manner, or if GRANTEE violates condifions of the grant agreement, the STATE may reduce, suspend, or terminate funding with a 30day notice of the effective date of the action. GRANTEE shall be entitled to payment for work or service satisfactorily performed for which state funds aze available. VI. TERMS OF GRANT AGREEMENT. This grant agreement shall be effective on July 1, 2001 or upon the date that the final required signahue is obtained by the STATE, pursuant to MS 16C.05, Subd. 2, and shall remain in effect until June 30, 2003, or until all obligations set forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. VII. STATE'S AUTHORIZED REPRESENTATIVB. The STATE'S Authorized Representative is: Jeri Boisvert, Departrnent of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Squaze, St. Paul, MN 55101-5100, or his/her successor, and has the responsibility to monitor the GRANTEE'S performance and the authority to accept the services provided under this grant agreement. If the services are satisfactory, the STATE'S Authorized Representative will certify acceptance on each invoice submitted for payment. The GRANTEE'S Authorized Representative is William K. Finney, Chief of Police, St. Paul Police Deparhnent, 100 East 11�' Street, St. Paul, Minnesota If the GRANTEB'S Authorized Representative changes at any time during this grant agreement, the GRANTEE must immediately notify the STATE. VIII.REPORTING. GRANTEE will advise the STATE concerning program progress through such reasonable means as the STATE may find convenient. These will include the foliowing, and shall be submitted to: Jeri Boisvert, or her successor in office, Department of Public Safety, Office of Drug Policy and Violence Prevention, 444 Cedar Street, Suite 100, Town Square, St. Paul, MN 55101-5100. A. The GRANTEE will advise the STATE conceming the program progress through the submission of quarterly reports as required by the STATE'S Authorized Representative. B. Submission of a final evaluation report within 30 days after the termination date of this grant agreement. C. Submission of a final expendiYure report within 30 days after the termination of this grant agreement. D. GRANTEE shall make any and all program records, reports and other data available to the 5TATE upon request; this includes submission of copies of any reports, data, surveys (including survey Page 5 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand"]-16.doc � O + -t y1r instruments), or other materials for review and comment before they are prepared in final fonn, and six copies of all materials produced by the program following production of the materiais. E. If initiated, participation in statewide data collection and cooperarion with a designated evaluator on behalf of the STATE, for the purpose of statewide evaluation efforts and assistance with individual program evaluation plans. IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS. A. GRANTEE will establish a sepazate account of this program and will maintain fiscal records in accordance with generally acceptable accounting principles. GRANTEE'S records, documents, and accounting procedures and practices for this progam shall be subject to the examination of the STATE and/or State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. Fiscal records shall be retained for a period of six yeazs following submission of the final regort. B. Under Minn. Stat § 16.05, Subd, 5, the GRANTEE'S books, records, documents, and accounting procedures and practices relevant to this grant agreement aze subject to examination by STATE and/or State Auditor or Legisla6ve Auditor, as appropriate, for a minimum of six yeazs from the end of this grant agreement. X. NONDISCRIMINATION. As a condition of receiving support for this program, GRANTEE assures that it will meet ali applicable requirements of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of handicapping conditions), and of any applicable state civil rights statutes. XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. XII.OWNERSHIP OF DOCUMENTS AND PRODUCTS. Any reports, studies, photographs, negatives, inshuments, curriculum, videotapes, training manuals, media messages, or other documents or products (hereinafter cailed documents or products) prepared by or for GRANTEE in the perfozmance of its obligations under trris grant agreement shall be exclusive property of the STATE. All such documents or products shall be remitted to the STATE by GRANTEE upon completion, termination, or cancellation of this grant agreement. GRANTEE shall not use, willingiy allow, or cause to have such materials used for obligations under this gant agreement without the prior written consent of the STATE. XIII. OWNERSHIP OF COPYRIGHT. All right, title and interest in all copyrightable material which GRANTEE shall conceive or originate either individually or jointly with others, and which arises out of the gerformance of this grant agreement, will be the property of the STATE and are by this grant agreement assigned to the STATE along with ownership of any and all copyrights of the copyrightable material. GRANTEE also agrees, upon the request of the STATE, to execute all papers and peiform all other acts necessary to assist tYie STATE to obtain and register copyrights on such materials. Where applicable, works of authorship created by GRANTEE for the STATE in performance of this grant agreement shall be considered "works made for hire" as defined in the U.S. Copyright Act. Page 6 ot y G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc o ► -rvt:=. XIV.AMENDMENT. Any amendments to this grant agreement shali be in writing, and shali be executed by the same parties who executed the original grant agreement, or their successors in office. XV. LIABILITY. GRANTEE agrees to indemnify, save, and hold hannless the STATE, its representarives and employees from any and all claims or causes of acrion, including all reasonable attorney's fees incurred by the STATE, arising from the performance of this grant ageement by GRANTEE or GRANTEE'S agents or employees. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating under the scope of Minnesota Statutes 5ection 299A.65, members of the Strike Force are "employees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for puiposes of Chapter 176. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligafions pursuant to this grant agreement. XVI. WORKERS' COMPENSATION. GRANTEE certifies that it has complied with the workers' compensarion insurance coverage requirement of the Minnesota Statutes, Section 176.181, subdivision 2. Except, in accordance with the provisions of Minnesota Statutes, Chapter 299A.65, while operating uzder the scope of Minnesota 5tatutes Secfion 299A.65, members of the Strike Force aze "ennployees of the state" as defined in section 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. . — XVII. GOVERNMENT DATA PRACTICES ACT. The GRANTEE must comply with the Minnesota Govemment Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this grant agreement and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the GRANTEE in accordance with this grant agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data refesed to in this Clause by either the GRANTEE or the STATE. In the event the GRANTBE receives a request to release the data referred to in this Clause, the GRANTEE must immediately notify the STATE. The STATB will give the GRANTEE instruc6ons concerning the release of the data to the requesting party before the data is released. XVIII.JURISDICTION AND VEI3CTE. This grant ageement, and amendments and supplements thereto, shali be govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent,}urisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS. Insurance: GRANTEE agrees to provide the STATE with a certificate(s) of insurance, or a statement of self-insurance, naming the STAT'E as an addirional insured under the policy(s) prior to the execution of this grant agreement for the following coverage: A. GRAI�3TEE owned or leased vehicles being contributed to ihe Strike Force: Page 7 of 9 6:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc 0 � -��lr Automobile Liability: GItANTEE agrees to provide automobile liability coverage on all GRANTEE owned or leased vehicles. The limits of liability for such coverage must be $300,000.00 for bodily injury and property damage per person, and $1,000,000.00 bodily injury and property damage per occurrence during the period of, July 1, 2001 through June 30, 2003. Should the GR.ANTEE n�ed to zeplace an owned or leased vehicles during the life of this grant agreement, the GRANTEE agrees to provide the STAT'E with a certificate(s) of insurance, or a statement of self-insurance, naming the STATE as an additional insured under the policy(s). This must be done at the rime that the vehicle is replaced, see additional information in Clause I, Pazagaph I, of this grant agreement. XX. DATA DISCLOSURE. Under Minn.Stat. § 270.66, and other applacable law, the GIiANTEE consents to disclosure of it social security number, federal employer tax idenrification number, and/or Minnesota tas identification number, already provided to the State, to federal and state tas agencies and state personnel involved in the payment of state obligations. These idenrification numbers may be used in the enfozcement of federal and state tax laws which could result in action requiring the GRANTEE to file state tax retums and pay delinquent state ta�c liabilities, if any. Page 8 ot y G:\ODP\DPSqrants\Debi\02-03GSFStwdCommand7-16.doc al-Y4� IN WITNESS WHEREOF, the parties have caused the grant to be duly executed intending to be bound thereby. 1. . ST. PALJ�POLICE DEPARTMENT � 2. DEPARTMENT OF PUBLIC SAFETY�- Ihe GRANTEE certif that [}ie appropriate person(s) have execu[ed the gant (wiih delegated authoriTy) ��- � ageement on behalf ot�ie GRANI'EE u requ'ued by applicable aztictes, By: Title: Date: By: Title: Date 3. B7 By: , '� Title: \ - - __ - Perso s) si 'ng th grant agreeznent and obiigating GRANTEE to the ditions of the grant agreement must be uthorized. A certified copy of the resolution authorizing the GRANTE o enter into this grant agreement and designating person(s) to execute this grant agreement must be attached her � � � � n � � � � -l-e �L C� r� � c� �� �F-e < e —, -1- � Y-�e� S tn e e� Page 9 of 9 G:\ODP\DPSgrants\Debi\02-03GSFStwdCommand7-16.doc ATTACHMENT 1 GANG STRIKE FORCE BUDGET Year 1 July 1, 2001- June 30, 2002 Year 2 July 1, 2002 — June 30, 2003 Salary & Fringe $117,843 Salary & Fringe $122,244 GSF Statewide Commander GSF Statewide Commander $ Contracted Services $ Contracted Services r �raining �: $ = Training $ TraveUTransporQation $ TraveUTransportation $ Equipment $ Equipment $ Office Expenses $ Office Expenses $ Program Egpenses $ Program Expenses $ YEAR 1 TOTA1 $117,843 YEAR 2 TOTAL $122,244 TOTAL $ 240,087 o � -r4�