03-797Return Copy To:
Police Dept. Accounting
Presented By;
RESOLUTION
SAINT PAUL, MINNESOTA
Council File # 0 J� ���
Green Sheet # 205062
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Referred To: Committee:Date:
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2 WFIEREAS, the Saint Paul Police Department has received a Criminal Gang Strike Force grant for the
3 period from July 1, 2003 through June 30, 2004; and
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BE IT RESOLVED, that the City Council accepts this grant and authorizes the City to enter into, and Chief
William Finney to implement the attached agreement with the State of Minnesota.
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STATE OF D'IIl�TNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. Office of Justice
Pro ams Office of Dru Polic and Violence Prevention 444 Cedar Street Suite 100 St. Paui MN 55101-5100
("State") and Ci of St. Paui Police D artment 100 Eleventh Street East St. Paul. Minnesota 55101 ("Grantee").
Recitals
I Under Minn. Stat. § 299A.01, Subd 2(4) the State is empowered to enter into this grant contract.
2 State funds for this grant contract aze provided under Laws of Minnesota 2003, 1 st Special Session, Chapter 2, Article
1, SecUOn 9, Subdivision 7 for Criminal Gang Strike Force (Strike Force) grants.
3 The State is responsible under Minn. Stat. § 299A.64 through 299A.66 for administration of funds for the or�anization
and operation of the Criminal Gang Strike Force Oversight Council (Council) and Strike Force.
4 The Grantee represents that it is duly qualified and aa ees to perform all services described in this grant contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: Julv 1, 2003, or the date the State obtains all required signarures under Minn. Stat. § 16C.05,
subdivision 2, whichever is later.
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 t6e work.
1.2 Expiration date: June 30 2004, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8.
Liability; 9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Goveming Law,
3urisdiction, and Venue; and I5. Data Disclosure.
Grantee's Duties
The Grantee, who is not a state employee, will:
2.1 Perform all of the duties and tasks described and approved by the S[ate and the Council as s[ated in the Grantee's
gran[ applica[ion for this program, hercby incorporated by reference and made part of this grant agreement and on
file wi[h the State and located a[ 444 Cedar Street, Sui[e 100, St. Paul, Mi�esota. Grantee will contiibute
Lieutenant Ron Ryan, an employee of the Grantee, to be a member of the Svike Force. As a member oFthe Strike
Force, Lieutenant Ryan will also be the Statewide Criminal Gang S[rike Force Commander (Statewide
Commander) as designated and appointed by [he Council.
2.2 All members conVibuted by the Grantee to the Strike Force mus[ be licensed peace officers or federal law
enforcement agents found by the Minnesota Board of Peace Officer Standards and Training to have equivalent
qualifications.
23 All members shal] continue to be employed by the same entity by which thzy were 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 Ihe exclusive command of the Council.
2.4 Grantee agrees to abide by the by-laws and strategies, policies and procedures of the Council.
2.5 Also, to the grea[est extent possible, Lt. Ryan will serve as Statewide Commander of the Strike Force for the
entirety of its existence.
2.6 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
for the requested transfer as soon as is practicable.
(1) The person m charge of the organization from wh:ch the Statewide Commander came also may reques[ that a
Statewide Commander be transferred back. In this instance, the Councii shall approve and arrange for the
requested transfer immediately or as soon as is practicable.
(2) 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
prac[icable.
GSF $tatew�de Commander (Ob/03)
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(3) If the Statewide Commander is transferred from the Strike Force, this grant contract shall be terminated, and
any grant funds received under Minnesota Stat. § 299A.66, Subdivision l, and the Laws of Minnesota 2003,
1 st Speciai Session, Chapter 2, Article 1, Section 9, Subd. 7, must be repaid to the State on a prorated basis,
and within 30 days.
2.7 Reimbursement to the Grantee shall not exceed 100°/a of the salary, which includes benefits, of the Statewide
Commander (Lt. Ryan) contributed to the Strike Force. Funds provided by this grant contract must be used by the
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.
2.8 I.aw 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.
2.9 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.
2.10 Grantee agrees to contribute equipment, vehicles, and other support to the Strike Force as stated and documented
in Grantee'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 property of the Grantee, and the Grantee is solely responsible for all
operating, maintenance, and repair costs of the equipment and vehicles.
211 The Gran[ee will submit written reports to the State on a quarterly basis. Other requirements, if necessary and
agreed to by both parties to this grant contract, will be given to the Grantee in writing by the State's Authorized
Representative.
2.12 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 conVact for Grantee owned or
leased vehicles being contributed to the Strike Force.
(1) Grantee 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 [erm of the gran[ contract.
(2) Should the Grantee need to replace an owned or leased vehicles during the life of this grant contract, the 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).
3 Time
The Grantee must comply with all the [ime requirements described in this grant contract. In the performance of this
grant contract, time is of ihe essence.
4 Considcration and Payment
4.1 Consideration. The Sta[e will pay for all services performed by the Graniee under this gran[ contract as follows:
(1) Compensation. The Grantee will be reimbursed up to $129,333.00 according to the breakdown of costs
contained in Exhibit A, which is attached and incorporated into this grant contracL The Grantee «ill submit a
revised budget for any deviation of 10% or more between approved budge[ lines in Exhibit A. The revised
budget must be approved by the State's Au[horized Representative before any expenditures can be made based
on tbe revised budaet.
(2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessaril}' incurred by the
Gran[ee as a result of this grant conVac[ will be paid in the same manner and in no greater amount than
provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations
which is incoroorated into this grant contract bv reference. The Grantee will not be reimbursed for travel and
subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for
out of state travel. Minnesota will be considered the home state for determining whe[her travel is out of state.
(3) Total Obligation. The total obhgation of the State fo: all compensation and reimbursements to the Grantee
under [his grant conVact u ill not exceed $129.333.00.
4.2 Payment
(1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced sen•ices. Invoices
GSF Stnrwide Commander (06/03)
.� must be submitted timely and according to the following schedule: Itemized invoices will� filed in� earS at
least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for
services satisfactorily performed. Final invoice must be received no later than 45 davs after the Expiration
date of this erant contract.
(2) Federal funds. (Where applicabie, if blank this section does not apply) Payments under this grant contract
will be made from federal funds obtained by the State through Title CFDA number of the
Act of . The Grantee is responsible for compliance with all federal requirements imposed
on these funds and accepts full fmancial responsibility for any requirements imposed by the Grantee's failure
to comply with federal requuements.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with ail applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representative
The State's Authorized Representative is Chief William Finnev, Citv of St. Paul, Police Department. 100 Eleventh
Street East St. Paul, Minnesota 55101, 651-292-3588, 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 contract. If the
services aze satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted
for payment.
The Grantee's Authorized Representative is Jeri Boisvert D'uector, 444 Cedar Street, Suite 100, St. Paul, MN
55101-5100. 651-284-3318. If [he Grantee's Authori2ed Representative changes at any time during this grant
contract, the Grantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7. ] AssignmenG The Grantee may neither assign nor transfer any rights or obfi�a[ions under this grant con[ract
wi[hout [he prior consent of [he State and a fully executed Assignment Agreemen[, executed and approved by
the same parties who executed and approved this grant con[ract, or theu successors in office.
7.2 Amendments. Any amendment to this grant contrac[ must be in wri[ing and u ill not be effective until it has
been executed and approved by [he same paRies who executed and approved the otiginal grant contract, or
their successors in office.
73 Waiver. If the State faifs to enforce any provision of this grant con[ract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee. No other understanding regarding this gran[ contract, wheiher w ri[ten or oral, may be used to
bind either party.
LiabiliTy
The Grantee must indemnify, save, and hold the S[ate, iis agents, and emplo} ees harmless from any claims or
causes of ac[ion, including attomey's fees incurred by the State, arising from [he performance of [his grant contract
by the Grantee or the Grantee's apen[s or employees. Except, in accordance «•ith the provisions of Minn. Stat. §
299A.65, while operating under the scope of Minn. Stat. § 299A.65, member; of the Strike Force are "employees
of the state" as defined in Minn. Stat. § 3.736 and are considered employees of the Department of Public Safety for
purposes of Chapter 176. This clause will no[ be construed to bar any legal remedies the Grantee may have for the
State's failure to fulfill its obliaations uader this grant contract.
State Audits
Under Minn. Sta[. § 16C.05, subd. 5, the Grantee's books, records, documents, and accoun[ing procedures and
practices relevant to this grant contrac[ are subject to examination by the State and'or the State Auditor or
i.egislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
GSF Statewide Commander (06/03)
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10 Government Data Pracrices
The Grantee and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this grant contract, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of
Minn. Stat. § 13.08 apply to the release of the data refetred 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 conceming the release of the data to the requesting party
before the data is released.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. Except, in accordance with the provisions of Minn. Stat. § 299A.65, while
operating under the scope of Minn. Stat. § 299A.65, members of the Strike Force are "employees of the state" as
defined in Minn. Stat. § 3.736 and are considered employees of the Departrnent of Public Safety for purposes of
Chapter 176.
12 PubliciTy and Endorsement
12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similaz public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the proa am, publications, or services provided
resuiting from this grant contract.
12.2 Endarsement. The Grantee must not claim that the S[ate endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, govems this grant contract. Venue for all legal
proceedings ou[ of this grant contract, or its breach, must be in the appropriate sta[e or federal court with
competent jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the State. The State may cancel [his grant wntract at any [ime, wi[h or without cause, upon
30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment,
determined on a pro rata basis, for services satisfactorily perFormed.
14.2 Termination for Insufficient Funding. The State may unmedia[ely teaninate this gran[ 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 «ritten or
fax notice to [he Grantee. The State is not obligated to pay for any services that are provided after notice and
effective date of termination. Hou ever, the Grantee will be enti[led 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 Ihe grant contract is tertninated because of the decision of the Minnesota Legislature, or other
funding source, no[ to appropriate funds. The State must pro� ide the Graniee notice of the lack of funding
within a reasonable time of the State receiving that notice.
GSF Statewide Commandcr (Ob/03)
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15 Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, akeady provided
to the State, to federal and state tax agencies and state personnel invoived in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state tax laws K•hich could result in
action requiring the Crrantee to file state tax retums and pay delinquent state tax liabilities, if any, or pay other state
liabilities.
1. STATE ENCUMBRANCE VERIF[CATION
Irsdividuaf cen fes that fundr have beers erscumbered ar
required by ��. Stat §§ l6A.1 S and 16C.05.
Signed:
Date:
Grant Connact No. 2003-00122
2. GRANTEE
The Grantee certifies ihat the appropriate person(s)
have uecuted the grant contract on behalJojlhe Gran�e
required by app[icable articles, bylaws, reso[utions, or ordin
By:
Title:
Date:
B
T�d�:
Datc:
3. STATE AGENCY
By:
(with delegated authoriry)
Title: �
Date: /�
Distribu[ion: �
DPS/PAS
Grantcc
State's Authorized
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GSP Siatewide Commander (06/03) , 5
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OFFICE OF DRUG POLICY 8�
VIOLENCE PREVENTION
Program Budget Request
EXHIBIT A
Grantee: St. Paul Police Department
Program: Gang Strike Force Commander
Budget Period: from 7/1/2003 through 6/30/2004
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
i �epartrnenf/office/council: Date Initiated:
; Po -Po,.��� 22-JUL-03 � Green Sheet NO: 205062
� Contad Person & Phone: Deoarhnent Sent To Person Ini[iaVDate
i Chief William K Finney � o otice De em
��� A55ign 1 o2ice De ai�ent De arhnent Director
Must Be on Councii Agenda by (Date�: Number 2 ;nancial Se,.rice� Finanical Services
�_A��-� Fo. � �ti
ROUtltlg 3 ' Atfomev " Attornev
I Ofde� 4 avor's O%ce Ma or's Office
� 5 oimcB (S Council
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I Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval ofthe attached Council Resolurion accepting a Strike Force grant from the State of Minnesota and authorizing the City of St.
Paul, Police Department, to enter into, and Ctuef William Finney to implement the attached agreement with the State of Minnesota.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contrect for this department?
CIB Committee Yes No
I Civil Service Commission 2. Has this person/frm 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 all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (INho, What, When, Where, Why):
The St. Paul Police Department has received a Strike Force grant from the State of Minnesota for the period from July 1, 2003 through
June 30, 2004. The purpose of tkris grant is to identify, investigate, arrest, and prosecute gang members engaged in criminal activity.
Advantages If Approved: �
I Ability to accept grant funding to prosecute gang members engaged in criminal acrivity.
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DisadVantages If Approved:
None. a�UG � ��° 2��3
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Disadvantages If Not Approved:
LOSS of gl'HIIt fllnding.
�``e�l�{''np3 �,�..,....A. _.. -^^ .�.�� �
i Total Amount of 129333 CosVRevenue Budgeted: �
� Transaction:
� Funainy source: State of Minnesota activity Number. 34155
Financiallnformation: C'f8flf I
i (Explain) � I
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