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02-224^\ � f u � l S : P .-_ / ! RESOLUTION CITY OF SAINT PAUL, MIlVNESOTA Presented By: Referred To: Council File # D� _a •� Green Sheet # 1 13 6 40 Committee:Date: 1 2 WHEREAS, the State of Minnesota has awarded a Pro-Active Auto Theft Program grant to the 3 Saint Paul Police Department for the period January 1, 2002 through December 31, 2003; and 4 5 RESOLVED, that the City Council accepts this grant from the State of Minnesota and authorizes the 6 City of Saint Paul to enter into, and Chief William Finney to implement the attached grant agreement 7 with the State of Minnesota. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AutoTheftGra n W ccep W n ce.cr.02 , � DEPN2TMENT(�FF4S,ElCOUNCIL DATEINITIATED rali�� " oviaizooz GREEN SHEET wo. 113640 N R P NE . �NfiWNn7E MRIAVDA7E O�— � Willi2mFinney 2923588 1 nmaExru��crrnx, 5 couxcn MUSTBEONCOUNCILAGENDABY�DA ) � AROFtNEY___�L� �fITCLERi( u �� iwwcu�s�mcesow. �Flruacw.seavinccrc �WYORIORASSISTANT)�_ �U4PNFIGNiS L�� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATI6NS FOR StGNATURE) CTION REQUESTED Signatures requested on the attached council resolution accepting a Pro-Active Auto Theft Program Grant from the State of Minnesota, authorizing the City of Saint Paul to enter into an agreement, and Cluef WilliamFinney to implement an agreement with the State of Minnesota. RECOMMENDATION ApploV¢ (IU O� R2jeCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: t. Has Uus personlfum ever waAced under a mntrac[ for this tlepartment? PLANNING COMMISSION YES nl0 CIB COMMITf EE 2. Has this personlfirtn ever been a city employee? CIVIL SERVICE COMMISSION vES NO 3. Does this persoNfirtn possess a skill not nortnally possessed by any curtent ciry employee? YES NO 4. Is ihis person/firm a tzrgeted vendoR YES NO Explain all yes answers on separate sheet antl attach to gresn sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Pro-Active Auto Thefr Program grant received from the State of Minnesota will provide funds to the Saint Paul Police Department that will be used to prevent theft of automobiles. 1 0.�� ADVANTAGES ff APPROVED V Ability to use grant funds to reduce and prevent auto thefts. c�T� �� I V� i DISADVAN7AGES IF APPROVED None. DISADVANTAGESIFNOiAPPROVED ��j�(` �$$`.�-,a'C,I; "�r:�' The Police Departmeut would not be able to accept the funds available for auto theft prevention. �� g�!� uL � TOTAL AMOUNi OF TRANSAC710N $ $92,450.00 COSLREVENUE BUDGETED (CIRCLE QNEj �_; YES„ N9 - FUNDING SOURCE St3t0 of �41I1neSOt3 ACTIVITY NUMBER 436-34160 FINANCIAL INFORMATION (EXPLAIN) � Oa •a�� SFY Fund 2002 200 2003 200 UFARS Code VendorNumber 066790002-00 PAUL Agency Orgn Appr P07 69N0 69H P07 69H0 69H Amount $92,450.00 Object 523,056.00 5B00 $69,394.00 5B00 ReptCatg CoMract Number 2002-00066 State2yrW ithoutMatchVar Type of Transaction Requisition Number Date Entered By 6000-381 6000-381 A Purchase Order Date Entered By 6a�0-388 6000-388A Individual signing certifies funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 76C.05 THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevention ("STA7E"� and City of St. Paul, Police Department, '100 E ElevenYh Street, St. Paul, MN 55101; Soc. Sec. or MN Tax ID. No. 80250095-6, Federel Employer ID. No. (if applicable) 41-6005521, ("GRANTEE"), witnesseth that: Whereas, the Minnesota Department of Public Safety, Office of Drug Policy and Violence Prevention has been designated to administer funds appropriated by the Laws of Minnesota 2001, 1st Special Session, Chapter 8, Article 5, Sections 6 to 8 for Auto Theft Prevention grants. WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein, NOW, THEREFORE, it is agreed: u� GRANTEE'S DUTIES GRANTEE, who is not a state employee, shall perform the duties and tasks specified in GRANTEE'S grant application for this program, which is on file with the STATE and located at 444 Cedar Street, Suite 100, 7own Square, St. Paul, Minnesota. Approved grant application will be sent with the grant contract at the time GRANTEE is required to sign grant contract. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed and goods or materials suppiied by GRANTEE pursuant to this grant contract shall be paid by the STATE as follows. 1. Compensation shall be consistent with the Program Budget Request, specified in Attachment 1., which is attached and incorporated into this grant contract. 2. The GRANTEE will expend grant funds allocated for this project according to Attachment 1. The GRANTEE will "submit a revised budget for any deviation ot 10% or more between approved lines. The revised budget must be approved by the STATE befiore any expenditures can be made based on the revised budget. 3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE'S performance ot this grant contract will be paid provided that the GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations and GRANTEE will only be reimbursed fior travel and subsistence outside the State of Minnesota if it has received prior written approval for such out of state travel from the STATE. F:\ODP\DPSgrantsl6oyd\2002-00066-St.Paui PD.doc D�-,aaa � The total obligation of the STATE for all compensation and reimbursement to the GRANTEE shall not exceed 592,450.00 (Ninety-two Thousand Four Hundred Fifty and NO/100 DOLLARS); based on the following breakdown per state fiscal year 523,056.00 (Twenty-three Thousand Fifty-six and NO/100 DOLLARS) from "i/1/2002 through 06/30/2002, an additional 569,394.00 (Sixty-nine Thousand Three Hundred Ninety-four and NO/100 DOLLARS) firom 07/01f2002 through 06/30/2003, and no additiona! funding from 07lQ1/2Q03 through 12/31 /2003. Funds not expended by the GRANTEE during the first state fiscal year of this grant contract will be canceled and re-established in the following state fiscal year of this grant contract. If funds are not expended by the GRANTEE during the second state fiscal year of this grant contract the amount stated above for 07/01 /2002 through 06l30/2003 will not cancel and the remaining balance will be made available through 12/3112003. B. Terms of Payment 1. Payments sfiall be made by the STATE promptly after GRANTEE'S presentation of invoices for services performed and acceptance of such services by the STATE'S Authorized Representative pursuant to Clause VI., of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: a. Invoices for reimbursement shall be identified in approved budget categories and submitted at minimum on a quarterly basis and within 20 days of the end of the reporting period. b. No payment shall be made by the STATE until quarterly reports required under Clause XVII have been received by the STATE. c. Final invoice pertaining to this grant contract must be received within 30 days of the end of this grant contract. d. Final invoice pertaining to each state fiscal year of tfiis grant contract must be received within 20 days of the end of each reporting period ending June 30. Reimbursement for subsequent state fiscal years of this grant contract may commence on or after July 1 of applicable state fiscal years of this grant coniract. e. Expenditures of each state fiscal year (July 1 through June 30) pursuant to this grant contract must be for services performed within applicabie state fiscal year and within the terms ot this grant contract. 2. Upon GRANTEE'S request, an advance payment may be made after grant contract execution, in an amount not to exceed 30 days of the STATE'S obligation (which is the total amount of this grant contract divided by the total number of months of this grant), as determined necessary by the STATE for execution of GRANTEE'S grant contract obligations. 3. Payments are to be made from funds appropriated by the Minnesota legislature. If at any time these funds become unavailable, this grant contract shall be terminated immediately upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 4. The GRANTEE agrees to return any unused funds to the STATE unless prior approval for an extension has been granted by the Grants Administrator and an amendment to the grant contract has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending date ortermination date of the grant contract. III. CONDITIONS OF PAYMENT AII services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the S7ATE, as determined in the sole discretion of its Authorized Representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. 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, rule or regulation. 1V. TERM OF GRANT CONTRACT This grant contract shalf be effective on 1!1(2002, or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. § 16C.05, Subd. 2., whichever occurs later, and shall remain in effect until 12/31 /2003, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. The GRANTEE must not begin work under this grant contract until this contract is fully executed and the GRANTEE has been notified by the STATE'S Authorized Representative to begin the work. V. CANCELLATION F:\ODP\DPSgrants\Boyd\2002-00066-St.PaulPD.doc Da aa� A. Commencement of project. if the project is not operational within 60 days of the original start date of the grant contract period, the GRANTEE must report by letter to the STATE the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days of the original start date of the grant contract period, the GRANTEE must submit a second statement to the STATE explaining the implementation defay. B. This grant contract may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days notice to the other party. In ihe event ofi such a cancellation GRAN7EE sha11 be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. The STATE may cancef this grant contract immediately if the STATE finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfiilfed, the STATE may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. C. The STATE may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the GRANTEE. The STATE is not obligated to pay for any services that are provided after notice and effective date of termination. However, the GRANTEE wiff be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The STATE will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The STATE must provide the GRANTEE notice of the lack of funding within a reasonable time of the STATE receiving that notice. VI. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the purposes of administration of this grant contract is Jeri Boisvert, Planning Ditector, 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota 55101-5100 or his/her successor, and has the responsibility to monitor the GRANTEE'S performance and the authority to accept the services provided undec this grant contract. {f the services are satisfactory, the STATE'S Authorized Representative will certify acceptance on each invoice submitted for payment. The GRANTEE'S Authorized Representative is Chief William Finney, City of St. Paul, Police Department, 100 E Eleventh Street, St. Paul, MN 55101 or his/her successor. If the GRANTEE'S Authorized Representative changes at a�y time during this grant contract, the GRANTEE must immediately notify the STATE. VII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights of obligations under this grant contract without the prior written consent of the STATE. GRANTEE may subcontract to provide services as described in the GRANTEE duties and tasks specified in the GRANTEE'S grant appiication for this program and on file with the STATE, and located at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota. It is understood, however, the GFiANTEE remains solely responsible to the S7ATE for providing the products and services described. VIII. AMENDMENTS Any material amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original or their successors in office. IX. LIABILITY The GRANTEE must indemnify, save, and hold the STATE, its agents and employees harmless from any claims or causes of action, including attorney's fees incurred by the STATE, arising from the performance of this grant coniract by the GRANTEE or the GRANTEE'S agents or employees. This clause shalf not be construed to bar any fegal remedies GRANTEE may have for the STATE'S failure to fulfitl its obligations under this grant contract. X. STATE AUDITS Under Minn. Stat. § 16C.05, subd. 5, the GRANTEE'S books, records, documents, and accounting procedures and practices relevant to this grant contraci are subject to examination by the STATE and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum for six years from the end of ihis grant contract. P:\ODP\DPSgrants\Boyd\20�32-00066-St.Paul PD.doc Da.�� XI. GOVERNMENT DATA PRACTICES ACT The GRANTEE and the STATE must comply with the Minnesota Government, Data Practices Act, Minnesota Statute, Chapter 13, as it applies to all data provided by the STATE under this grant contract and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the GRANTEE under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply 2o the release of the data referred to in this clause by either the GRANTEE or the STATE. If the GRANTEE receives a request to release the data referred to in this clause, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shall own all rights, title and interest in ali of the materials conceived or created by the GRANTEE, or its empVoyees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant contract, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, e4ectronically, magnet+cally or digitally recorded material, and other work in whatever form ("MATERIALS"). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subgrantees, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for nay purpose other than performance of the GRANTEE'S obligations under this grant contract without the prior writien consent of the STATE'S Authorized Representative. B. GRANTEE represents and warrants that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought against the STATE to the extent that it is based on a c�aim that all or part of the MATERIALS infringe upon the intellectual property righYS of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributa6le to such claims or actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shalf at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIII. PUBLICITY AND SOURCE OF FUNDING A. Any publicity given to ihe program, publications, or services provided resuliing from this grant contract, including, but not Iimited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others, or any subcontractor shall identify the STATE as the sponsoring agency and sfiall not be released, unless such release is a specific part of an approved work plan included in this grant contract prior to its approval by the STATE'S Authorized Representative. XIV. HUMAN RIGHTS AND NONDISCRIMINATION (When applicable) A. GRANTEE certifies that it has received a ceriificate of compliance from the commissioner of Human Rights pursuant to Minn. Stat. § 363.073. 4t is hereby agreed 6etween the parties that Minn. Stat. 363.073 is incorporated into this contract by reference. B. The GRANTEE assures that it will comply, and all its subcontractors will comply, with the nondiscrim+nation requiremenis of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as 4 F:10DP\DPSgrants\Soyd\2002-00066-St.Paui PO.doc d� ..aa� amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subpar[s C, D, E and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 GFR Part 60.1 et• seq., as applicable, and the Americans with Disabilities Act of 1990. C. The GRANTEE assures that in the event a federal or state court or administrative agency make a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin or sex against the GRANTEE or its subcontractors, the GRANTEE wil{ forward a copy of the finding to the STATE. XV. WORKERS' COMPENSATION GRANTEE certifies that it is in compliance with Minn. Stat. § 176.781, Subd. 2., pertaining to workers' compensation insurance coverage. The GRANTEE'S employees and agents will not be considered STATE empfoyees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way ihe STATE'S obligation or responsibility. XVI. JURISDICTION AND VENUE This grant contcact, and amendments and supplements thereto, shal� be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XVII. REPORTS The GRANTEE wiil advise the STATE concer�ing the project progress through the submission of quarterly as required by the STATE'S Authorized Representative. XVIII. 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+fication number, andlor Minnesota tax 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 tax laws which could result in action requiring the GRANTEE to file state tax returns and pay delinquent state tax liabilities, if any. F:\ODP1DPSgrants\Boyd\2002-00066-St.Paut PD.doc d�-.�a �C IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: GRANTEE , GRANTEE certifies that th executed ihe grant contract oi required by applicabie articles, � Title: Date: TtIfP1NESOSA DEPARTMENT OF PUBLtC � personts) have - (with delegated authorky) / of the GRANTEE as 4 resolutions, or � Date: C -�C� �Je � � �� -��` gf�e� s � Planning Director S� c� st c�. � r e 4 r � S e�c�f c� � s F:\ODP\DPSgrants\Boyd\2002-00066-St.Paul PD.doc da-�� s/ ATTACHMENT 1 Q ��ocv� e � C �. +%� m�`i ao <. ; ,� '� � 1 \` aS t P � q rr��.,�,�� ° � OFFICE OF DRUG POLICY 8� VIOLENCE PREVENTfON Program Budget Request Grantee: St Pau1 Potice Department Program: Pro-Active Auto Theft Program Budget Period: from 1!1l20Q2 through 12/31/2003 , � r � �� Page I of t F:\ODP\DPSgrants\6oydWuto Theft BudgetsGSt Paul PD.doc ^\ � f u � l S : P .-_ / ! RESOLUTION CITY OF SAINT PAUL, MIlVNESOTA Presented By: Referred To: Council File # D� _a •� Green Sheet # 1 13 6 40 Committee:Date: 1 2 WHEREAS, the State of Minnesota has awarded a Pro-Active Auto Theft Program grant to the 3 Saint Paul Police Department for the period January 1, 2002 through December 31, 2003; and 4 5 RESOLVED, that the City Council accepts this grant from the State of Minnesota and authorizes the 6 City of Saint Paul to enter into, and Chief William Finney to implement the attached grant agreement 7 with the State of Minnesota. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AutoTheftGra n W ccep W n ce.cr.02 , � DEPN2TMENT(�FF4S,ElCOUNCIL DATEINITIATED rali�� " oviaizooz GREEN SHEET wo. 113640 N R P NE . �NfiWNn7E MRIAVDA7E O�— � Willi2mFinney 2923588 1 nmaExru��crrnx, 5 couxcn MUSTBEONCOUNCILAGENDABY�DA ) � AROFtNEY___�L� �fITCLERi( u �� iwwcu�s�mcesow. �Flruacw.seavinccrc �WYORIORASSISTANT)�_ �U4PNFIGNiS L�� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATI6NS FOR StGNATURE) CTION REQUESTED Signatures requested on the attached council resolution accepting a Pro-Active Auto Theft Program Grant from the State of Minnesota, authorizing the City of Saint Paul to enter into an agreement, and Cluef WilliamFinney to implement an agreement with the State of Minnesota. RECOMMENDATION ApploV¢ (IU O� R2jeCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: t. Has Uus personlfum ever waAced under a mntrac[ for this tlepartment? PLANNING COMMISSION YES nl0 CIB COMMITf EE 2. Has this personlfirtn ever been a city employee? CIVIL SERVICE COMMISSION vES NO 3. Does this persoNfirtn possess a skill not nortnally possessed by any curtent ciry employee? YES NO 4. Is ihis person/firm a tzrgeted vendoR YES NO Explain all yes answers on separate sheet antl attach to gresn sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Pro-Active Auto Thefr Program grant received from the State of Minnesota will provide funds to the Saint Paul Police Department that will be used to prevent theft of automobiles. 1 0.�� ADVANTAGES ff APPROVED V Ability to use grant funds to reduce and prevent auto thefts. c�T� �� I V� i DISADVAN7AGES IF APPROVED None. DISADVANTAGESIFNOiAPPROVED ��j�(` �$$`.�-,a'C,I; "�r:�' The Police Departmeut would not be able to accept the funds available for auto theft prevention. �� g�!� uL � TOTAL AMOUNi OF TRANSAC710N $ $92,450.00 COSLREVENUE BUDGETED (CIRCLE QNEj �_; YES„ N9 - FUNDING SOURCE St3t0 of �41I1neSOt3 ACTIVITY NUMBER 436-34160 FINANCIAL INFORMATION (EXPLAIN) � Oa •a�� SFY Fund 2002 200 2003 200 UFARS Code VendorNumber 066790002-00 PAUL Agency Orgn Appr P07 69N0 69H P07 69H0 69H Amount $92,450.00 Object 523,056.00 5B00 $69,394.00 5B00 ReptCatg CoMract Number 2002-00066 State2yrW ithoutMatchVar Type of Transaction Requisition Number Date Entered By 6000-381 6000-381 A Purchase Order Date Entered By 6a�0-388 6000-388A Individual signing certifies funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 76C.05 THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Drug Policy and Violence Prevention ("STA7E"� and City of St. Paul, Police Department, '100 E ElevenYh Street, St. Paul, MN 55101; Soc. Sec. or MN Tax ID. No. 80250095-6, Federel Employer ID. No. (if applicable) 41-6005521, ("GRANTEE"), witnesseth that: Whereas, the Minnesota Department of Public Safety, Office of Drug Policy and Violence Prevention has been designated to administer funds appropriated by the Laws of Minnesota 2001, 1st Special Session, Chapter 8, Article 5, Sections 6 to 8 for Auto Theft Prevention grants. WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein, NOW, THEREFORE, it is agreed: u� GRANTEE'S DUTIES GRANTEE, who is not a state employee, shall perform the duties and tasks specified in GRANTEE'S grant application for this program, which is on file with the STATE and located at 444 Cedar Street, Suite 100, 7own Square, St. Paul, Minnesota. Approved grant application will be sent with the grant contract at the time GRANTEE is required to sign grant contract. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed and goods or materials suppiied by GRANTEE pursuant to this grant contract shall be paid by the STATE as follows. 1. Compensation shall be consistent with the Program Budget Request, specified in Attachment 1., which is attached and incorporated into this grant contract. 2. The GRANTEE will expend grant funds allocated for this project according to Attachment 1. The GRANTEE will "submit a revised budget for any deviation ot 10% or more between approved lines. The revised budget must be approved by the STATE befiore any expenditures can be made based on the revised budget. 3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE'S performance ot this grant contract will be paid provided that the GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations and GRANTEE will only be reimbursed fior travel and subsistence outside the State of Minnesota if it has received prior written approval for such out of state travel from the STATE. F:\ODP\DPSgrantsl6oyd\2002-00066-St.Paui PD.doc D�-,aaa � The total obligation of the STATE for all compensation and reimbursement to the GRANTEE shall not exceed 592,450.00 (Ninety-two Thousand Four Hundred Fifty and NO/100 DOLLARS); based on the following breakdown per state fiscal year 523,056.00 (Twenty-three Thousand Fifty-six and NO/100 DOLLARS) from "i/1/2002 through 06/30/2002, an additional 569,394.00 (Sixty-nine Thousand Three Hundred Ninety-four and NO/100 DOLLARS) firom 07/01f2002 through 06/30/2003, and no additiona! funding from 07lQ1/2Q03 through 12/31 /2003. Funds not expended by the GRANTEE during the first state fiscal year of this grant contract will be canceled and re-established in the following state fiscal year of this grant contract. If funds are not expended by the GRANTEE during the second state fiscal year of this grant contract the amount stated above for 07/01 /2002 through 06l30/2003 will not cancel and the remaining balance will be made available through 12/3112003. B. Terms of Payment 1. Payments sfiall be made by the STATE promptly after GRANTEE'S presentation of invoices for services performed and acceptance of such services by the STATE'S Authorized Representative pursuant to Clause VI., of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: a. Invoices for reimbursement shall be identified in approved budget categories and submitted at minimum on a quarterly basis and within 20 days of the end of the reporting period. b. No payment shall be made by the STATE until quarterly reports required under Clause XVII have been received by the STATE. c. Final invoice pertaining to this grant contract must be received within 30 days of the end of this grant contract. d. Final invoice pertaining to each state fiscal year of tfiis grant contract must be received within 20 days of the end of each reporting period ending June 30. Reimbursement for subsequent state fiscal years of this grant contract may commence on or after July 1 of applicable state fiscal years of this grant coniract. e. Expenditures of each state fiscal year (July 1 through June 30) pursuant to this grant contract must be for services performed within applicabie state fiscal year and within the terms ot this grant contract. 2. Upon GRANTEE'S request, an advance payment may be made after grant contract execution, in an amount not to exceed 30 days of the STATE'S obligation (which is the total amount of this grant contract divided by the total number of months of this grant), as determined necessary by the STATE for execution of GRANTEE'S grant contract obligations. 3. Payments are to be made from funds appropriated by the Minnesota legislature. If at any time these funds become unavailable, this grant contract shall be terminated immediately upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 4. The GRANTEE agrees to return any unused funds to the STATE unless prior approval for an extension has been granted by the Grants Administrator and an amendment to the grant contract has been duly executed. Unused funds must be returned to the STATE within 30 days of the ending date ortermination date of the grant contract. III. CONDITIONS OF PAYMENT AII services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the S7ATE, as determined in the sole discretion of its Authorized Representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. 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, rule or regulation. 1V. TERM OF GRANT CONTRACT This grant contract shalf be effective on 1!1(2002, or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. § 16C.05, Subd. 2., whichever occurs later, and shall remain in effect until 12/31 /2003, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. The GRANTEE must not begin work under this grant contract until this contract is fully executed and the GRANTEE has been notified by the STATE'S Authorized Representative to begin the work. V. CANCELLATION F:\ODP\DPSgrants\Boyd\2002-00066-St.PaulPD.doc Da aa� A. Commencement of project. if the project is not operational within 60 days of the original start date of the grant contract period, the GRANTEE must report by letter to the STATE the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days of the original start date of the grant contract period, the GRANTEE must submit a second statement to the STATE explaining the implementation defay. B. This grant contract may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days notice to the other party. In ihe event ofi such a cancellation GRAN7EE sha11 be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. The STATE may cancef this grant contract immediately if the STATE finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfiilfed, the STATE may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. C. The STATE may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the GRANTEE. The STATE is not obligated to pay for any services that are provided after notice and effective date of termination. However, the GRANTEE wiff be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The STATE will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The STATE must provide the GRANTEE notice of the lack of funding within a reasonable time of the STATE receiving that notice. VI. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the purposes of administration of this grant contract is Jeri Boisvert, Planning Ditector, 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota 55101-5100 or his/her successor, and has the responsibility to monitor the GRANTEE'S performance and the authority to accept the services provided undec this grant contract. {f the services are satisfactory, the STATE'S Authorized Representative will certify acceptance on each invoice submitted for payment. The GRANTEE'S Authorized Representative is Chief William Finney, City of St. Paul, Police Department, 100 E Eleventh Street, St. Paul, MN 55101 or his/her successor. If the GRANTEE'S Authorized Representative changes at a�y time during this grant contract, the GRANTEE must immediately notify the STATE. VII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights of obligations under this grant contract without the prior written consent of the STATE. GRANTEE may subcontract to provide services as described in the GRANTEE duties and tasks specified in the GRANTEE'S grant appiication for this program and on file with the STATE, and located at 444 Cedar Street, Suite 100, Town Square, St. Paul, Minnesota. It is understood, however, the GFiANTEE remains solely responsible to the S7ATE for providing the products and services described. VIII. AMENDMENTS Any material amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original or their successors in office. IX. LIABILITY The GRANTEE must indemnify, save, and hold the STATE, its agents and employees harmless from any claims or causes of action, including attorney's fees incurred by the STATE, arising from the performance of this grant coniract by the GRANTEE or the GRANTEE'S agents or employees. This clause shalf not be construed to bar any fegal remedies GRANTEE may have for the STATE'S failure to fulfitl its obligations under this grant contract. X. STATE AUDITS Under Minn. Stat. § 16C.05, subd. 5, the GRANTEE'S books, records, documents, and accounting procedures and practices relevant to this grant contraci are subject to examination by the STATE and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum for six years from the end of ihis grant contract. P:\ODP\DPSgrants\Boyd\20�32-00066-St.Paul PD.doc Da.�� XI. GOVERNMENT DATA PRACTICES ACT The GRANTEE and the STATE must comply with the Minnesota Government, Data Practices Act, Minnesota Statute, Chapter 13, as it applies to all data provided by the STATE under this grant contract and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the GRANTEE under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply 2o the release of the data referred to in this clause by either the GRANTEE or the STATE. If the GRANTEE receives a request to release the data referred to in this clause, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shall own all rights, title and interest in ali of the materials conceived or created by the GRANTEE, or its empVoyees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant contract, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, e4ectronically, magnet+cally or digitally recorded material, and other work in whatever form ("MATERIALS"). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subgrantees, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for nay purpose other than performance of the GRANTEE'S obligations under this grant contract without the prior writien consent of the STATE'S Authorized Representative. B. GRANTEE represents and warrants that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought against the STATE to the extent that it is based on a c�aim that all or part of the MATERIALS infringe upon the intellectual property righYS of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributa6le to such claims or actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shalf at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIII. PUBLICITY AND SOURCE OF FUNDING A. Any publicity given to ihe program, publications, or services provided resuliing from this grant contract, including, but not Iimited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others, or any subcontractor shall identify the STATE as the sponsoring agency and sfiall not be released, unless such release is a specific part of an approved work plan included in this grant contract prior to its approval by the STATE'S Authorized Representative. XIV. HUMAN RIGHTS AND NONDISCRIMINATION (When applicable) A. GRANTEE certifies that it has received a ceriificate of compliance from the commissioner of Human Rights pursuant to Minn. Stat. § 363.073. 4t is hereby agreed 6etween the parties that Minn. Stat. 363.073 is incorporated into this contract by reference. B. The GRANTEE assures that it will comply, and all its subcontractors will comply, with the nondiscrim+nation requiremenis of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as 4 F:10DP\DPSgrants\Soyd\2002-00066-St.Paui PO.doc d� ..aa� amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subpar[s C, D, E and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 GFR Part 60.1 et• seq., as applicable, and the Americans with Disabilities Act of 1990. C. The GRANTEE assures that in the event a federal or state court or administrative agency make a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin or sex against the GRANTEE or its subcontractors, the GRANTEE wil{ forward a copy of the finding to the STATE. XV. WORKERS' COMPENSATION GRANTEE certifies that it is in compliance with Minn. Stat. § 176.781, Subd. 2., pertaining to workers' compensation insurance coverage. The GRANTEE'S employees and agents will not be considered STATE empfoyees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way ihe STATE'S obligation or responsibility. XVI. JURISDICTION AND VENUE This grant contcact, and amendments and supplements thereto, shal� be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XVII. REPORTS The GRANTEE wiil advise the STATE concer�ing the project progress through the submission of quarterly as required by the STATE'S Authorized Representative. XVIII. 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+fication number, andlor Minnesota tax 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 tax laws which could result in action requiring the GRANTEE to file state tax returns and pay delinquent state tax liabilities, if any. F:\ODP1DPSgrants\Boyd\2002-00066-St.Paut PD.doc d�-.�a �C IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: GRANTEE , GRANTEE certifies that th executed ihe grant contract oi required by applicabie articles, � Title: Date: TtIfP1NESOSA DEPARTMENT OF PUBLtC � personts) have - (with delegated authorky) / of the GRANTEE as 4 resolutions, or � Date: C -�C� �Je � � �� -��` gf�e� s � Planning Director S� c� st c�. � r e 4 r � S e�c�f c� � s F:\ODP\DPSgrants\Boyd\2002-00066-St.Paul PD.doc da-�� s/ ATTACHMENT 1 Q ��ocv� e � C �. +%� m�`i ao <. ; ,� '� � 1 \` aS t P � q rr��.,�,�� ° � OFFICE OF DRUG POLICY 8� VIOLENCE PREVENTfON Program Budget Request Grantee: St Pau1 Potice Department Program: Pro-Active Auto Theft Program Budget Period: from 1!1l20Q2 through 12/31/2003 , � r � �� Page I of t F:\ODP\DPSgrants\6oydWuto Theft BudgetsGSt Paul PD.doc