02-985Council File # � � ��.5
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # o� d � 3.S �
a3
Presented By
Referred To
Committee: Date
WHEREAS, in 1999, the Mannesota State Legislature appropriated funds to implement a Community
Courts calendar in the Second Judicial District; and
WHEREAS, the purpose of the Comnnunity Courts calendar is to focus on selected misdemeanor
offenses that most affect liveability ln neighborhoods; and �
7 WHEREAS, the Minnesota State Legislature has appropriated funds to continue funding for the
8 Community Courts Calendar far the period from July 1, 2002 through June 30, 2003; and
9
10 WHEREAS, the City will receive the sum of $54,000 to offset the cost of salary and fringe benefits of
11 the attorney and legal assistant assigned to the Community Courts calendar�, now, therefore, be it
12
13 RESOLVED, that the City Council does hereby authorize the City Attorney's Office to enter into a
14 contract with the State of Minnesota, acting through its Second Judicial District, in order to receive continued
15 funding for the Community Courts calendar.
Adc
Requested by Department of:
Adoption Certified by Wuncil Secretaxy
/�
By:
,
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.200354 O��qSS
City Attorney 10/11102 '
CONTACT PEI2SON & PAOAE: � INITTALIDATE uvITIAL(DATE
B3T17 ZUS3ri� 266-8721 DEPARTMENT DiR. 2 CITY COUNCIL
MUST BE QN COUNCIL AGER'DA BY (DATE) ASSIGN _ CITY ATI'ORNEY _ CI'I'Y CLERK
NUMBER FINANCIAL SERV DIR _ FINANCIAL SERVIACCTG
ppg I MAYOR (OR ASST.) _
ROUTING
ORDE12
TOTAL # OF SYGNAT6RE PAGES _l,(CLIP ALL LOCATIONS FOR SIGNATURE)
acrcoN �Ques�n: Sign resolution allowing City to accept State grant for Community Courts Calendaz.
RECOMMENDATIONS: Appmve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MUST ANSWER THE FOLLOW ING
QUESTIONS:
PLAIVIVING COMMISSION I Has this person/firm ever worked under a convact for this departme�t?
CIS COMMITTEE Yes No
CIVIL SERVICE COMMISSION 2. Has this personffirm ever been a city employee?
Yes No
3 Does this person/firm possess a skill not normally possessed by any current city employee?
Yes No
Explain aIl yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSTJE, OPPORTUMTY (Who, What, When, Where, Why):
In 1999 the State Legislature appropziated funds to implement a community courts calendar to focus on selected
misdemeanor offenses that affect neighbarhood liveability. The State has appropriated_funds to continue that
program far the period 7/1/02-6/30/03. �
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ADVANTAGESIFAPPROVED:
City wili accept the $54,000 grant to offset the cost of the community courts calendaz.
DISADVANTAGESIFAPPROVED.
None.
DISADVANTAGES IF NOT APPROVED:
The City will not be able to accept the grant.
TOTAL AMOUNT OF TRANSACTION: $ 54,000 COSTIREVENUE B[1DGETED:
FUNDINGSOURCE: Sta[eofMinnesota AC'CIVI"A'YNUMBER: GL-025-10203
PINANCIAL INFOAMAI"fON: (EXPLAII� Grant covers a port�on of the cos[ of [he attomey and legat usis[ant assigned ro the Community Courts Calendar.
I\USERS�Zusan�YOrens�gree�sheetwpd
`
STATE OF MINNESOTA
GRANT CONTRACT
State Accounting Information:
Requisition:
Contract:
Number/Date/Enhy Initials
Nuznber/DateiEntry Initials
Solicitation:
Order:
Number/Date/Entry Initials
aa aYs
NumberlDatelSimature
[Ittdividua( signing certifies tkat funds kave been
eircmnbered as required by Mima. Sta4 §§ 16A.I5
and 16CO5.7
NOTICE TO GRANTEE� GRANTEE is required by Minn. Stat § 270.66 to provide your social securiry number or federal employer tz< identification number and
Minnesora tax identificanon number if you do business with [he Sta[e of Minnesota. This informauon may be used in the enforcement of federal and stare tzc laws.
Supplying these numbers wuid result in acUOn re9uiring GRANTEE to file state tax remms and pay delinquent staie tax Iiabilities, if any. This arant contract will not be
aooroved uNess [hese numbers are orovided. These numbera wi]] be available to federal and sta[e tax auffioritles a� s[a[e personne] involved in approving rhe grant
contrac[ and the payment of state obliga[ions.
Gran[ee Name and Address:
St. PaW Ciro Anornev
500 Citv Hall
15 W. Kello¢e
St. Paul. MN 55102
Soc. Sec. or Federal Employer I.D.
Minnesota Tax I.D. No. (if appLcable)
THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION.
EXCEPT AS DEFINED ABOVE, THIS PAGE SHOiJLD NOT BE R.EPRODUCED
OR AISTRIBUTED EXTERNALLY WITHOUT EXPRESS WR,ITTEN PERMISSION
OF THE GRANTEE.
If you circulate this Grant Contract internally, only offices that require access to the tax identification number
AND any individuals/offices signing this Grant Contract should have access to this page
scno (,r. �o-os-s9� oa��co�uaa a�r i ara
Processing Information: (Some entries may not apply.) Begin Date: July 1, 2002 End Date: June 30 2003
oa_q�s
THIS Grant Contract, and amendments and supplemenis thereto, is between the State of Mimesota, acling [hrough its Second Judicial Dis[rict (hereinaRer
"STATE") and OSice of the St. Yaul Ciiv Attornev , an independen[ wnRaCtor, m[ an employee of die Stnte of Minnesota. address 500 CSN Hall 15
Wes[ Kelloe¢ St. Paul. MN 55102 (hereinafrer "GRANTEE").
WHEREAS, the STATE, putsuanc to 21101 Laws, 1 Sp. Session, Chapcer 8, Artide N, Section 4 is empowered continue the operation of the wmmnniry councalenda= in
the Second Judicial Disffic[; and
WHEREAS, GRANTEE represents [hat i[ is duty qualified and w$ling ro perform ffie servSces se[ forth herein.
NOW, THEREFORE, it is agreed:
GRANTEE's DLJTIES (Atsach additional page if necessary, which is inco*porated by reference and made a pan of ihis agreementJ GRAI3TEE shall:
Pmvide prosecu[ion serviret within the ciry of Sc Paul for the Community Crimes Impact calendar from Juty L, 2002, dvough )une 30, 2003, in
the Semnd Iudicial Dis�ict.
II. CONSIDERATION AND TERMS OF PAYMENT
A. CONSIDERA110N: Considera[ion for all services performed by GRAN1'EE pursuant to [his gran[ convact shall be paid by the STATE m an
2:aount not ;o exceed fifrv four rho:•sand dollars ($ 54 000 00), �
THE TOTAL OBLIGATION OF THE STATE FOR ALL COMPENSATION AND REIMBURSEMENTS TO GRANTEE SHA.LL N01'
EXCEED: -
Fiftv Four ThousaM dotLars ($ 54.00O.W 1.
B. TERMS OF PAYMENT
INVOICE: Paymenu shall be made by the STATE prompUy after GRANTEE's presentation of invoices for 5ervices perfotmed and
accepcac�ce of such secvices by the STATE's AuChorized Representative parsuant to Clause V I. Invoices shall be submitted m a form
prescribed by [he STATE and according ro[he following schedute:
Montkily uQon presentation of invoices itemizing the Gosts for Ihe participaling as5�stant ciry attorney and legal assistant.
GRAA*LEE shall be emifled to paymem, determined on a p�o rafa basis, for services satisfactorily performed.
III. CONDITIONS OF PAYMENT: All services pmvided by the GRANTEE pursuant ro Ihis Grant Contract shall be perfonned to the satisfacbon of the STATE,
as deternuned at the sule discrefion of its Authoriud Representative, and in accord wich alt appliwble federal, state and local laws, ocdma�es, rules arM
reeulations. The GRANTEE shall not receive paymen[ for work found by the STATE to be unsatisfacrory or performed in violapon of federal, sta[e or Iocal
law, ordmance, rule or reguta[ion.
IV. TERMS OF CONTRACT: This Grant ConVact shall be effective upon execution by ffie STATE a� upon such execution the effective date s}taIl be deemed to
6e Iulv 1, 2002. This Granc Cooccact 5hall remain in effeCtunFil Inne 30, 2003, os until all obligarions set fotth in this Grant Conttaci have been satisfactotily
fulfilled, whichever occurs first.
V. CANCELLATION: Tltis Grant ConVact may be canceled by the $TATE or GRANTEE a[ any tlme, wi[h or wiffiout cause, upon thirty (30) days' written
notice ro tt'e other party. In fhe even[ of such a cancellation, GRANTEE shall be rnntled W payment, determined on a pro rata basis, for work or services
satisfactorily performed. AIsA in the event of such a CancetYation, the S7'ATE shall be enutled to repaymen[, determined on a rata basis, of any funds utihaYly
advanced by the STATE to the GRANTEE.
The STATE may cancei [his Grant Conttact immediacely if the STATE finds that thete has been a faduce to comply with the pcovisions of this Gcan[
Contract [ha[ reasonabie progress has not been made or that the purposes for which ihe Cunds were gran[ed have no[ been or will no[ be fulfilled, the STATE
may take action to protec[ the interests of die State of Minnesora, inctuding [he refusal [o disburse add3eonal funds and requiring the remrn of all or part of the
funds already disbursed.
VI. $TATE's ALR'HORIZED REPRESENTATIVE: The STATE's Authorized Representative for the pnrposes of adminisnation of tf�is Grant Contract is
I.arrv Aease. Jud�cial Discrict Adminisvator . Such representa[ive shali have final authoriry for acceptance of GRANTEE's serv�ces and if such serv�ces are
accepted as sa[isfactory, shall so cettify on each invoice subm�tted pursuant to clause II, paragraph B. The GRANTEE's Authorized Representative for
purposes of adminisRation ofthts grant Contrac[ is Fia Lo . The GRANTEE's Aud�otized Represeatauve shali have full authoriry ro represen[ GRANTEE
in iu Po]fillment of [he terms, condi[ions and requvements of [fvs Gran[ Conttac[.
VII ASSIGNMEnT: GRA?v"1�EE thall neither assign nor transfer any righ6 or obliga[ions under this Gran[ Contrac[ withou[ the prior wrinen consent of the
STATE.
VIII AMENDMEnTS: Any amendments to this Grant Contract shall be in wri[ing and shali be executed by [he same par[Ses who ezecuted [he onginal Gran[
ConvaC[ or the'v successors in office.
SCAO (m 10.05-99) Gnnc Comrut Page 2 of 4
Oa -9YS
iX. LIABILITY: GRANTEE shall indeawfy, save, and hold the STATE, its representa[ives and employees, hartnless from any and all daims or causes of
ac6on, including all attorneys' fees incuired by [he STATE, arising from the performance of ffiis agreement by GRAN1'EE Governmenrnl Unit or rFie
Govemmental UniPs agenrs or employees only to tk�e maximum 1'vnits of iu municipal mtt liability limits set fortL in Minnesota Staru[e 4b6.01 ec Seq. and
any indertvtifications made by the Govemmental Uni[ under this agreement are accordingly govemed and limited. This indemnifiwtion shall not be construed
to bar any legal remedies GRAN1'EE Govemmwtal Unit may have for the STATE's failure [o fulfill its obligations pursuan[ [o this Gtan[ Convact.
X. STATE AUDITS: Tk�e bpoks, rerords, documents, and accounring procedures and pracfices of 8�e GRANTEE relevan[ to dtis Grant Convact shall be sub�ec[
to examinauon by the convacung departrnen[ and the Legislative Auditor for a aunimum of six years from [he temtination of tktis Grant Con�act.
XI. CONFIDEhTIALTTY: The GRANTEE shatl comply with all applicable laws and rules regarding accessibility m records, information, and data that is
created, gathered, generared or acquired in accordance wi[h c}us Grant Contracc.
XII. OWNERSHIP OF MATERIALS qND INTELLECTUAL PROPERTY RIGHTS
A. Any report, study, compurer sofrware, database, model, invention, pho[ograph, negarive, audio or video recording, or other item or documenis prepared by
GRAN'CEE in the performance of rts obligations under Ihis Grant Convact (hereafter "MATERIALS") shall be remiaed ro[he REQUESTING AGENCY by
[he STATE upon reasonable reques[ iherefor. Notivng in this clause XII shall be construed to limit the GRANTEE'S obliga[ions [o comply w�th clause XI of
this Gran[ Convact To the ex[en[ [ha[ copyrightable or patentable MATERIP.LS are developed in the course of or under this Grant conttact, ownership of [he
copyright and parencs shall vest in the GRANTEE. GRANTEE hereby granu to the STATE an irrevocable, nonexclusive, woddwide, royalry-free license ro
such MATERL4LS. Sach license ittcludes, without 7imitatioa, the righ[ io use, execute, reproduce, display, perform, copy, and prepare derivative works
based upon, the MATERIALS and derivative works tt�ereof. GRANTEE acknowledgu and agrees tt�ai the $TATE may transfer such rights [o others withou[
GRAN1'EE'S approva( for any government purpose.
B. GRANTEE represents and warrants that MATERIALS produced or used under this Grant Connact do mt and will not infrmge upon any intellectual
�roper.ry ri�hs of anotlx;r, ir.cludmg but no['imi[ed ro patents, copyrighs, !rade secreCS, ttade ?tames, z�d se*vice jc:zrk= and :�.:me�. �A? D'.TEE _=hall
indemnify and defend [he STATE, a[ GRANTEE's expense, from any ac[ion or claim brought agains[ the STATE ro[he ex[enc that i[ is based on a claim that
all or part of the MATERIALS inftinge upon the intellecNal propetty righrs of another. GRANTEE shall be responsib�e for payment of any and all such
claims, demands, obliga[ions, labilities, costs, and damages including, bui not lunited ro reasonable attomeys' fees arising ou[ of [ltis Grant Con[rac[,
amendments and supplements thereto, which are attributable to such claimt or actions.
If such a claim or action azises, or in GRANTEE's or the STATE's opuuon is likely ro arise, GRANTEE shall, a[ the STATE's discretion, ertner pmcure for
the STATE the right or license ro continue using the MATERIALS at issue or replace or modify the allegedly infrmgmg MATERIALS. This remedy shall be
in addition to and shall not be exclusive to other remedies provided by law.
XIII PUBLICITY: Any publiciry given ro the program, publica[ions, or services provided resulting from Utis Grant Contract, including, bu[ no[ limrted [o notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or ics employees individually or
jointly with others or any subgrantees, shal] identify Ihe STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an
approved work plan included in this Gran[ Convac[ pnot to its approval by Ihe STATE's Authorized Representative.
XN. WORKERS' COMPENSATION: GRANTEE shall provide acceptable evidence of compliance withthe workers' compensafioninswance coverage requiremen[
of M�nn. Stat. § 176.181, Subd. 2.
XV ANTITRUST: GRANTEE hereby assigas ro the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with
this conaac[ resutnng Crom antivust violations which anse under rhe anntrvst Iaws of rhe United States and the antitrust taws of [he S�ace of Mmnesota.
XVI. PROMPTPAYMENTTOSUBCONTRACI'ORS:(V✓henappiicableJPrimeconiractasarerequiredtopaysubconnactaspursuanttoMmnStac§16A.1245
XVII. IURISDICTION AND VENUE: This Gran[ Contrac[ and executed amendmenrs therero, shall be governed by tk�e laws ofthe Sta[e of Minnesoca. Venue for
alllegal proceedmgs arising ou[ of this Gren[ Contract, or breach thereof, shall be in the state or federal court with competenijurisdic[ion m Ramsey County,
Minnesota.
XVIII. OTHER PROVISIONS: (Attach additionat pages as necessary and incorporate by reference here.) Otherwise "none."
[remainder of page in[entionally lefr blank]
$CAO (rcv 10-05-99) Grant Convact Page 3 of 4
aa �
IN WITNESS WHEREOF, the patties have caused this Grant Contract to be duly ezecuted intending to be bound thereby.
APPROVED:
1. GRANTEE:
GRANTEE certifies tttat ffie appropria[e person(s) have exec d the �
Grant Contract on behalf of [he GRANTEE as required y phcable
articies, by-laws, resolutions, or ordinances. n � 2.
�
TiUe
Date:
Date:
Distribution:
Ageocy - Origmal (fully executed) contract
Grantee
State Auihorized Represenqtive
By (authorized signamre):
Title:
Date:
Approved as to form:
By.
Title:
Date:
SCAO (rev 10-OS-99) Grant Con�razt p� Q o�y