04-124Council File #
Green Sheet #
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By:
13
Referred To: Committee:Date:
2 WHEREAS the City of Saint Paul Police Depardnent has received a grant from the Miunesota Department
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of Public Safety for a YWCA Youth Achievers Program for the period of January 1, 2004, through
December 31, 2004; and
WHEREAS, a 2004 fmancing and spending plan needs to be established for this grant; and
WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that
there are available for appropriation funds of $54,000 in escess of those estimated in the 2004 budget; and
WHEREAS, the Mayor recommends that the following addition be made to the 2004 budget:
CURRENT AMENDED
BUDGET CHANGES BUDGET
16
17 436 - Special Projects-Police
18 FINANCING PLAN:
19 34162 - YWCA Youth Achievers Program
20 3199 - Other Federal Direct Grants-State 0 54,000 54,000
21
22 Total Changes to Financing �66b
23
24 SPENDING PLAN:
25 34162 - YWCA Youth Achievers Program
26 0219 - Fees-Other Professional Services 0 54,000 54,000
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28 Total Changes to Spending �
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31 THEREFORE BE IT RL,SOLVED, that the City Council accepts this grant, authorizes the City of Saint Paul
32 to enter into, and Chief William Finney to implement the attached agreement, which includes au indemnification
33 clause, and approves the changes to the 2004 budget.
34
Benanav �
aosvo�, ✓
Harris ✓
Helgen �/
Thune
� Adopted by Council: Date: �f�,'���
r Adoption Certified by Council Secretary:
BY� �,�,�so�
Approved by or ate: �,.�
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Requested by Dep e�
Police
By: . y
Approval R mmended
By:
Form ved by ity
B ti
�lppro y Mayor fof
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By: ,
of:
by l�inancial Services:
I ��
206023
YWCA Youth Achievers
vizioa I GREEN
266-5588
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TO?AL # OF SIGNATURE PAGES
REQUESTED
�YOR�ORA$$IST�WI)
No.
� CLERK
�FW/NWLSERV/qCttG
� RIGHIS
(CLIP ALL LOCATIpNS FOR SIGNATURE)
Approval of the attached council resolution accepting a YWCA Youth Achievers Program grant, establiskung
a 2004 financing and spending plan for the grant, and authorizing the City to enter into, and Chief William Finney to
implement an agreement with the Minnesota Department of Public Safety.
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
Has this pereoNfirm ever worked under a contract forthis depaAment�
YES NO
Has this personmrtn ever been a ciry employee?
YES NO
Does this personff�m possess a skill not normaly possessed by any current aty employee�
YES NO
Is ihis personffirm a targeted vendoR
YES NO
plain all yes answers on separate sheet and ariach to gfeen sheet
The City of Saint Paul, Police Department, has received a$54,000 YWCA Youth Achievers Program grant from
the Minnesota Department of Public Safety for the period of Januazy 1, 2004, through December 31, 2004.
Y� � -- � x �, �S� � sf � § $ ¢ F (�
� ��✓` '.wrx . � � �/
The Youth Achievers Program (YAP) is a comprehensive pLOgram that reduces risk facto s' aL€d�cEe�a�s�r&�Y����oping
skills in order to enhance the ability of young people to grow into healthy, produclive, non-violent adolescents and adults.
None.
IF NOT APPROVED
Inability to use grant funds for the Youth Achievers Program.
AMOUN7 OF TRANSACTION $ S4,OOO.00 COST/REVENUE BUDGETED (CIRCLE ONE)
i4'YV'...P '. .
YES
�
souRCe State of Minnesota Grant ACTIVITY NUMBER 436-34162
_ INFORMATION (EXP�AIN)
YWCA Youth Achievers &ogram Grant.cr.gs 2003
. . 0�-iZ�l
STATE OF MIlVNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety Office of Justice
ProQrams 444 Cedar Street. Suite 100 St Paul MN 55101 5100 ("State") and Citv of St. Paul. Police Department- 100 E
Eleventh Street St. Paul. MN 55101 ("Grantee").
Recitals
1 Under Minu. Stat. § 299A.01. Subd 2�1, the State is empowered to enter into this grant contract.
2 The Grantee represents that it is duly qiiatified and agrees to perform all services described in this grant contract to the
satisfac6on of the State.
3 Federal funds for this grant contract are provided from the Public Law 107-273, Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act and Titie II of 7uvenile Justice and Delinquency
Prevention Act of 1974, as amended, for the purpose of supporting delinquency prevention and intervention efforts and
juvenile justice system impmvements. The State is in need of specific projects that fixlfill this purpose..
Grant Contract
1 Term of Grant Contract
1.1 Effective date. January 1. 2004, or the date the State obtains all required signatures under Minnesota Statutes
Section 1fiC.05, subdivision 2, wluchever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notitied by the State's Authorized Representative to begin the work.
1.2 Expiration date December 31 2004 or until all obligarions have been satisfactorily fulfilled, whichever occurs
first.
13 Survival of Terms. The following clauses sucvive the expiration or cancellafion of this grant contract: 8. Liability;
9. State Audits; 10. Govenunent Data Practices; 12. Publicity and Endorsement; 13. Goverumg Law, Jurisdiction,
and Venue; and 15_ Data Disclosure.
2 Grantee's Duties
2.1 The Grautee, wko is not a state employee, will perform all of the duties and tasks specified in the Cttantee's grant
application for this program, which is on file with the State and located at 444 Cedar Strcet, Suite 100, St. Paul,
Minnesota.
22 The Grantee will submit written reports to the State on a quarterly basis. Other requirements, if necessary and
agrced to by both parties to this grant contract, will be given to the Grautee in writing by the State's Authorized
Representative.
3 Time
The Grantee must comply with all the time requirements described in this grant contracL In the perfonnance of this
grant contract, time is of the essence.
Consideration and Payment
4.1 Consideration. The 5tate will pay far all services performed by the Grantee under Uus grant contract as follows:
(1) Compensation. The Cn-antee will be reimbursed an amount not to exceed 54 000.00, according to the
breakdown of costs contained in E�ibit A, which is attached and incorporated into ttris gant contract. The
Cnantee will submit a revised budget for any deviation of at least 10% or $200.00, whichever is greater,
between approved budget lines in E�ibit A and the revised budget must be approved by the State's
Authorized Representative before any expenditures can be made based on the revised budget.
(2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the
Grautee as a result of this grant contract will be paid in the same manner and in no greater amount than
provided in the currem "Commissioner's Plan" promulgated by the commissioner of Employee Relations
which is incorporated into this grant contract by reference. The Grantee will not be rennbursed for travel and
subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for
7'itle II
OJP Gm[ Number 2004-00067
c�-1—t2y
out of state travel. Minnesota will be considered the home state for detennicuug whether travel is out of state_
(3) Matching Requirements. (If Applicable.) Grautee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: $100,400.00.
(4) Total Obligation. The total obligation of the State for all compensation and reimbiusements to the Grantee
under tUis grant contract will not �ceed $54,000.00.
42 Payment
(1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually perfotmed and the State's Authorized Representative acceQts the invoiced services. Invoices
must be submitted timely and according to the following schedule: Itemized invoices wdl be filed in arrears at
least auarterlv, but not more often than monthlY and within 30 davs of the neriod covered bv the invoice for
services satisfactorilYperformed.
Expenditutes for each state fiscal year of ttus grant contract must be for services perfonned within the
applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. The Snai invoice
nertainine to each state fiscal year of this grant conttact must be received by 7uly 31 of that calendar year
Reunbursements from the next fiscal year(s) mav commence on or after July 1 of that calendar vear The final
mvoice must be received no later than 45 days after the e�iration date of tkris ¢rant contract
43 Federa[ requirements. (Where applicable, if blank this section does not apply)
Payments under this graut conhact will be made from federal funds obtained by the State through CFDA 16.540.
The Grantee is responsible for compliance with a11 federal reqnirements imposed on these funds and accepts full
fuiancial responsibility for any requirements imposed by the Grantee's failure to comply with federat requirements.
The Grantee will comply with the Single Audit Amendments of 1996 and Office of Manageinent and Budget
Circulaz A-133. An eicplanation of the Federal Audit Requirements is attached and incorporated and made a part
of tlus grant contract. See E7chibit B.
The Grautee agrees to comply with all Formula Grauts Program requiremenu as outlined in the Juvenile Justice
and Delinquency Prevention Act, as amended in 1992; the most recent O7JDP Formula Cn�auts Consolidated
Regulafion (28 CFR Part 31), DecemUer 10, 1996; and other applicable guidelines.
The Grantee agrees to comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide.
The Grantee assures that federal funds made available under this grant contract will not be used to supplant state or
local funds but will be used to increase the amounts of such funds that would, in absence of federal funds, be made
available for ciiminal justice activities.
The Grautee will wmply with pmvisions of Federal law which limit certain political activities of employees of a
local unit of govemment whose principal employment is in connection with an activity financed in whole or in part
by Federal grants (5 USC 1501, et seq.).
The Grantee wiil comply with the minimum wage and maximum hour provisions of the Federai Fair I,abor
Staudards Act.
The Grantee will establish safegoards to pmhibit employees from using their positions for a purpose that is or gives
the appearance of being morivated by a desire for private gain for themselves ar others, pariiculazly those with
whom they have fazsrily, business, or other ties.
The Grantee assures that in the event a Federal or State court or Federal or State administrative agency makes a
finding of discriniination after a due process hearing on the gounds of race, color, religion, nationai origin, sex, or
disability against the Grantee or its subcontractors, the Grautee will forwazd a copy of the finding to the State.
Title Q
OJP Gmrt Number 2004-00067
OF{- tZ�l
The C,r�ntee assures that it will comply, and all its subcontractois will comply, with the applicable provisions of
Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as aznended, the Juvenile Justice and
Delinquency Prevention Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of
the Office of Justice Progtams Financial and Administrative Guide for Grants, M7100.1; and all other applicabie
Federdl laws, orders, circulazs, or regulations.
The Grantee will comply with the pmvisions of 28 CFR applicable to grants and cooperative agreements including
Part 18, Administrative Review Procedure; Part 20, Criminal7ustice Information Systems• Part 22, Confidentiality
of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part
30, Intergovemmental Review of Departrnent of 7ustice Programs and Activifies; Part 42, Nondis �m;nation/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws
or regulations applicable to Federal Assistauce programs.
The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscrnnination
requirements of the Omnibus Crime Conuol and Safe Streets Act of 1968, as aznended, 42 USC 3789(d), or
Victims of Crime Act (as appropriate); Tifle VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as aznended; Subtitle A, Title II of the Americans with Disabiliries Act (ADA) (1990);
Title IX of the Fducation Amendments of 1972; the Age Discrunination Act of 1975; the Department of Justice
Non-Discpm;nahon Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations
on disability discrnnination, 28 CFR Part 35 and Part 39.
This grant contract is subject to all applicable federal and state stahrtes and regulations, including, but not limited
to the followiug:
1) 28 CFR Part 69, New Restricflons on Lobbying, and 28 CFR Part 67, Govemment-Wide Debarment and
Suspension and Govemment-Wide Requirements for Drug-Free Workplace through the submission of a
certification form committing the Crrantee to compliance.
2) 28 CFR 42302 etseq. through the submission of a certification form regarding the Grantee's Equal
OpporLunity Employment Plan wmpliance. The Gxautee wiil provide an Equal Employment Opportuuity Plan if
required to inainfain one, where the application is for $500,000 or more.
3) 28 CFR Part 46 and all federal Office of dustice Prograuis policies and procedures regazding the pmtection of
hnmau research subjecis.
4) 42 USC Section 3789g and 28 CFR Part 22 that aze applicable to collection, use, and revelation of data ar
information. Grantee fiuther agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR
Part 22 and, in particular, section 22.23.
5 Conditions of Payment
All services pmvided by the Grantee under this grant contract must be perFormed to the State's satisfaction, as
detemiiued at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulafions. The Cttautee will aot receive payment for work found by the
State to be unsatisfactory or perfonned in violation of federal, state, or local law.
6 Authorized Representative
1]ie State's Authorized Representative is Carrie Wasl� Youth Programs Speciatist Senior 444 Cedar Street Suite
100. St. Paul. MI� 55101-5100. �511296-2684 or his/her successor, and has the responsibility to monitor the
C.rurtee's perfonnance and the authoriry to accept the services provided under tkus grant contract. 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 City of St Paul Police De�artment
100 E Eleventh Street St. PauL MN 55101, (651) 292-3588. Ifthe Grantee's Authorized Representarive changes at
any time during ttus grant contract, the Cn must immediately notify the State.
TiUe II
OlP Giant Number 2004-00067
a-t- ��,,a
Assignment, Amendments, Waiver, and Grant Contract Complete
71 Assignment The Grantee may neither assign nor hansfer any rights or obligafions under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the
same parties who executed and approved tlus gant cont�act, or their successors in office.
72 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original grant conhact, or their
successors in office.
73 Waiver. If the State fails to enforce any pmvision of this grant contract, 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 betcveen the State and the
Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either
P�'•
8 Liability
The Cn�antee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of
action, including attomey's fces incnrred by the State, arising from the perfonnance of ttris gant conhact by the
Cmantee or the Grantee's agents or employees. Tlus clause will not be constmed to bar auy legal remedies the Grantee
may I�ave for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
Under Minn. Stat. § 16C.05, subd 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract are subject to exawination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a min;mnm of six years from the end of this gram contract.
10 Government Data Pracfices
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, niaiutained, or dissemivated by the Grantee under this grant contract. The civil remedies of
Minn. Stat. § 13.08 apply to the release o£the data refeaed to in this clause by either the Cnantee or the State.
If the Grantce receives a request to release the data referred to in this Clause, the Grautee must immediately notify the
State. The State will give the Grantee inshuctions concerning the release of the data to the requesting party before the
data is released.
11 Workers' Compensation
Tfie Grantee certifies that it is in compliance with Minn. Stat, § 176.181, subd. 2, pertaining to workers' compensation
insurauce coverage. The Grantee's employees and agents will not be considered State employees. Any claims that
may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any
third parry as a consequence of any act or omission on the part of these employees aze in no way the State's obligation
or responsibility.
12 Publicity and Endorsement
12.1 Puh[icity. Any publicity regatd'uig ihe subj ect xnatter 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 norices, informational pamphlets, press releases,
research, reports, sigus, and similaz public notices prepazed by or for the Grantee individnally or jointly with
others, or any subcontractors, with respect to the progiam, publications, or services provided resulting &om tlus
gant contract.
12.2 Endarsement The Grautee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Mimiesota law, without regazd to its choice-of-law provisions, govems this grant conhact. Venue for all legal
Tide It
OJP Grant Numbet 2004-00067
� o�t - �z�
proceedings out of tlus grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Teraiination
14.1 Termination by the Stat� T'he State may cancel ttris grant contract at any time, with or without cause, upon 30
days' written notice to the Grantee. Upon tennination, the Gtantee will be entitled to payment, detennined on a
pro rata basis, for services satisfactorily performed.
14.2 Termination for Insuffrcient Funding. 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. Temvnation must be by written or faY notice
to the Grantee. The State is not obligated to pay for any services that aze provided after notice and effective date of
termination. However, the Cnanfee will be entifled to paymeut, 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 temunated 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.
15 Data Disclosure
Under Minn. Stat.§ 270.66, and other applicable law, the Cttautee consents to disclosure of its social security number,
federal employer tarc identification number, and/or Minnesota tax identification number, already provided to the State,
to federal and state taY agencies and state personnel involved in the payment of state obligations. These identification
numbeis may be used in the enfomement of federal and state tax laws which could result in action requiring the
Grantee to Sle state taac retums and pay delinquent state taac liabilities, if any, or pay other state fiabilities.
1. STATE EIVCUMBRANCE VERIF[CATLON
Indimlual certifies thatfundr have been encumbered as
reguire�by Minn. Stat. §,¢ 16A.15 and 16C.05.
Signed:
Date:
Gmctt Conttact No.:
2. GRANTEE `'
The Grantee cert�es that the appropriate person�
have eeecuted the grant confiact on behalf of the Grantee as
required by applicable articles, bylaws, reso[utions, or or�dFn.
By:
Title:
Date:
Br
Title:
Date:
3. STATE AGENCY
By.
Title:
Date:
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TiUe R
OJP Giant Number 2004-00067
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Grantee: _C� of St. Paul Police Department
Program: YWCA - Youfh Achievers Program
Page 1 of 1
S:\ODPIODP\OJP Granu & Amendments\GRANTS\Title V�2004-00067 YWCA Sninmary.doc
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EXHiBIT B
f'age i of2
FEDEF2AL AUDIT REQUIREMEhITS
Fw subrecipients who are state {indudes {rxlian yriyes� a �� y��emments
if fhe grantee expends tofai dire�t antl indirect federal asslstance of:
" Equal to or in excess of $300,ppp or more per year, tl�e granfee agrees to obtain a
financiai and compliance aud'R made i� accordance wiih thy g�ngie Audit Act of 1984
(Public Law 98-5p2) and the federal Off'roe of Wianayeme� � p�dy�t (OMB) Circular
A-133. The law and circular provide that tMe audit shall cover tMe entire operations of
1he grantee govemment or, at the option of the grantee govemment, it may cover
departments, aqencies w establishments that received, expended, or othenvise
administered federat finar�cial assistance during the year.
Audits shal{ be made annualiy unless the State or Iocai govemment has, byJanuary 1, � gg7, a
constitutiona! or statutory requirement for less frequent audits. For those govemments, the
c�gnizant agency shaii permit bienniat audi4s, covering both years, ff the govemment so
requests. It shall also honor requests for biennial audits by goverriments fhat have an
administrative policy p��fig for audits less frequent than annual, but only for fiscai years
beginning before January 1, 19$7.
2. For subrecipients who are institutions of higher education, hospitals, or other nonprofd
organizations '
if tfie grantee expends total direct and i�direct federal assistance of $300,Op0 or more per year,
the grantee agrees to obtaln a financiai and compiiance audit made in accocdance with
OMS Circular A-133. The audit must be an organization wide audit, uniess it is a
coordinated audit in accordance with OMB Circular A-133. However, when the $30p,ppp pr
more was expended under only one program, the subrecipient may have an audit of that
one program.
Audits shall usually be made annually, but not iess frequenUy than every fi,no years,
3. All audits shali be made by an independent auditor. M independent audrior is a state or local
government auditor or a public aecountant who meets the independence standards spec�ed in
the General Accounting Office's Standards forAudit of Governmental Orga�izations, Programs,
Activities, and Func6ons.
4. Audit reports shall stafe that the audit was performed in accordance with the provisions of OMB
Circular A-133 as applicable.
The reporting requirements for audit reports shall be in accordance with the Americen Institute of
Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on
Audited Financial Statements" or SAS 62, "Special Reports," as app(icable.
. ' EXHIBIT B ��_
Page 2 of 2
The reporting requiremenfs for audit reporfs on compiiance and intemal controls shail be in
accordance with AIGPA'S SAS 63, "Compliance quditing qpp6qble to Govemmental Entities
and Other Recipients of Govemmentai Financial Assistance"-and Statemenf of Position (SOP)
89-6, "Auditors' Reports in Audits_ of State and Local Govemmenfal Units."
In addition to the audit report, the recipient shali provide comments on the findings and
recommendations in the report, induding a plan for corrective actip� taken or pianned and
comments on the status of corrective action taken on prior findings. tf �rective action is not
nCCessary a statemeat describing fhe reason it is not should accompany the audit report.
5. The grantee agrees tMat the grantor, the Legislative Auditor, the State Auditor, and any
independent auditor designated by the granta shall have such access to grantee's records and
finariciai statements as may be necessary for the grantor to complywifh the Single AudR Act and
OMB Circular A-133, as appiicabte.
6. Grantees of federa( fina�cial assistanc� from subrecipients are.also required to complywifh the
Single Audit Act and the OMB Circular A-133, as applicable.
7. .The grantee agrees to retain documentation to support the schedule of federal assistance.
8. Required aucJft reports must be filed witfi the Office of the State Auditor, Single Audit Division
aad with the peparYment of Pubfic Safety within six months of the grantee's fiscal year end.
The Department of Public Safetys audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
9. Recipienfs expending more than $300,000 in federal funds are to submit one copy of the audit
report within 30 days after issuance to the ciearinghouse at the foilowing address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, indiana 47132
Attn: Single Audit Clearinghouse