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04-125Council File # Green Sheet # RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: WHEREAS, a 2004 financing and spending plan needs to be established for this grant; and 2 WfIEEREAS, the City of Saint Paul, Police Department, has received a grant from the Minnesota Department 3 of Public Safety for a Mobile Crisis Team program for the period of January 1, 2004, through 4 Aecember 31, 2004; and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 excess of those estimated in the 2004 budget; and WHEREAS, the Mayor recommends that the following addition be made to the 2004 budget: CURRENT BUDGET 43b - Spec'ral Projects-Police FINANCING PLAN: 34303 - Mobile Crisis Team 3199 - Other Federal Direct Grants-State Total Changes to Financing Committee:Date: CHANGES 54,000 ��� �y 54,000 SPENDING PLAN: 34303 - Mobile Crisis Team 0219 - Fees-Other Professional Services 0 54,000 54,000 Total Changes to Spending �7f6fr THEREFORE BE IT RESOLVED, that the City Council accepts this grant, authorizes the City of Saint Paul to enter into, and Chief William Finney to implement the attached agreement, which includes an indemnification clause, and approves the changes to the 2004 budget. 'eas i/ Bosnom Thune � Adopted by Council: Date: Adoption Certified by Council B y: _� Approved by � l�iay�f: Date: e �! .. . i. ! ' � � i . ;� ni..,,�: � r_� � � � �� �.•� � � � .l.���•��I G,r� � :��' � �'� :.° - Z� 206024 AMENDED BUDGET Mobile Crisis Team Grant cr 2003 vizio4 I GREEN SkIEET 266-5588 ` �� f / i� � � fSf/ �F} � f4/ / S'/� � fj !%%��tif'�^'`�'��� Q , TOTAL # OF SIGNATURE PAGES xenuesrEo �YON{pNq55L4SqN�) W6IAUDATE �i CIERK �FYLWMlSERV/ACCTG �R16F1T4 (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of the attached council resoluuon accepting a Mobile Crisis Team program grant, establishing a 2004 financing and spending plan for the grant, and authorizing the City to enter into, and CYuef Wiliiam Finney to implement an agreement with the Minnesota Department of Public Safety. or PLANNING COMMISSION CIB COMMITTEE Has ihis persoNfirm ever worked under a wntract for ihis department? YES NO Has this personKrm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3 Does this personffrm possess a skill not normally possessed by any curcent aty employee? YES NO 4. Is this persoNfirm a targeied vendoR YES NO Explain all yes answers on separate sheet and atlach to green sheet The City of Saint Paul, Police Department, has received a$54,000 grant for a Mobile Crisis Team program for the period of Januazy 1, 2004, through December 31, 2004. :� ��:" �.. � * �'a� � � �Q� 2 l ����5 '�� 3 � 4 The Mobile Crisis Team grant will be used for accessible, responsive, and professional in-home crisis intervention services for youth and their families to assist in problem-solving to avoid the negative consequences for youth that often result from family crises. 0/BdiYi b n�i �a . .-..., r ' ..> None. ` ��� a� � 4GES IF NOT APPROVED �" �� Inability to use grant funds for a community-based response to children and youth who aze in crisis. 70TAL AMOUNT OF TRANSACTION $ S4,OOO.00 I �FUNDING SOURCE State of Minnesota Crrant INFORMATION (EXPLAIN) COST/REVENUEBUDGETED(CIRCLEONE) YES NO ACTIVITY NUMBER 436-34303 �r.a Mobile Crisis Team Grant.cr.gs2003 �' �� STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Office of Justice Prograws. 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 ("('rrantee"). Recitals 1 Under Minn. Stat. & 299A.01. Subd 2(41. the State is empowered to enter into ttris grant contract. 2 The Giantee represents that it is duly qualified and agrees to perform all services described 'm this grant contract to the satisfaction of the State. 3 Federal funds for this grant contract are provided from the Public Law 107-273, Departments of Commerce, 7ustice, and State, the Judiciary, and Related Agencies Appropriations Act and Title II of Juvenile Justice and Delinquency Prevenfion Act of 1974, as amended, for the purpose of supporting delinquency prevention and intervention efforts and juvenile justice system unprovements. The State is in nced of specific projects that fulfill this pucpose.. Grant Contract 1 Term of Grant Contract 1.1 Effective date. Jan ,ua �r5 l. 2004 or the date the State obtains all reqnired signatures under Minnesota Statutes Secrion 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until tlus contract is fully executed and the Grantee has been notified by the State's Authorized Iiepresentative to begin the work. 12 Expiration date December 31 2004, or until all obligations have been satisfactorily fulfilled, whichever occurs fust. 13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant conhact: 8. Liability; 9. State Audits; 10. Goveruuient Data Practices; 12. Publiciry and Endorsement; 13. Goveming I,aw, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duries . 21 The Grantee, who is not a state employee, will perform all of the duties and tasks specified in the Grantee's grant application for this program, which is on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. 2.2 The Grantee 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 Cttairtee in writing by the State's Authorized Representative. 3 Time The Cttairtee must comply with all the time requirements described in this grant contract. In the perfonnance of this gant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grautee will be reimbursed an amount not to exceed $54.000.00, according to the breakdown of costs contained in Eachibit A, which is attached and incorporated into this grant contract. The Grantee will submit a revised budget for any deviation of at least 10% or $200.00, whichever is greater, between approved budget lines in Exhibit 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 F�penses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of tlus grant contract will be paid in the same manner and in no greater amounf than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee RelaUons which is incorporated into this gant contract by reference. The Cnantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for Titte II OJP Grart Number 2004-00066 a�t- �zs out of state travel. Minnesota will be considered the home state for determ;n;ng whether travel is out of state. (3) blatching Requirements. (If Applicable.) Crrantee certifies tLat the following matching requirement, for the grant contract, will be met by the Grantee: $25.000.00. (4) Total Obligation. The total obligarion of the State for all compensation and reimbursements to the Grantee under flus grant contract will not e�ccced $54.000.00. 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Crrantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to ihe following schedule: Itemized invoices will be filed in arrears at least quarterly, but not more often than mon� and within 30 days of the period covered by the invoice for services satisfactorilyperformed. Expenditures for each state fiscal year of ttris grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on 7uly 1 and ends on June 30. The final invoice nertaininv_ to each state fiscal year of tlus erant contract must be received by July 31 of that catendar � Reimbuisements fi the next fiscal vear(s) mav commence on or after July 1 of that calendar year. The final invoice must be received no later than 45 davs after the expiration date of this grant contract 43 Federal requirements. (Where applicable, if blank Uus section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA 16.540. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibIlity for any requireuients imposed by the (irantee's failure to compiy with federdl reqi�irements. The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circulaz A-133. An explanation of the Federal Audit Requirements is attached and incorporated and made a part of this grant contract. See Exhibit B. The Grantee agrees to wmply with all Formula Grants Prograui reguirements as outlined in the Juvenile Justice and Delinquency Prevention Act, as amended in 1992; the most recent OJJDP Formula Grauts Consolidated Regulation (28 CFR Part 31), December 10, 1996; aud other applicable guidelines. "lie Grautee 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 ('rrantee assures that federal funds made available under this grant comract 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 criminal justice activities. The Cnazrtee will comply with provisions of Federal law which limit certain political activiries of employees of a local unit of goveinment whose principal employment is in connection with an ac6vity financed 'm whole or in part by Federal grants (5 USC 1501, et seq.). Tke Cn�autee will comply with the nunuuum wage and maYimum hour provisions of the Federal Fair Labor Standards Act. The Grantee will establish safeguards to prolubit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. The ('n�antee assures that in the event a Federal or State court or Federal or State administrative agency makes a finding of dis�+��nat�on after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the ('nautee or its subcontractors, the Grantee will forwazd a copy of the finding to the State. Tide II OJP Gant Number 2004-00066 0�'► - lz5 The Gr�ntee assures that it will comply, and all its subcontractors will comply, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevenrion Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Crrants, M7100.1; and all other applicable Federai laws, orders, circulars, or regulations. The Grantee will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Adwiuistrative Review Procedure; Part 20, Criminal7ustice Information Systems; Par[ 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscriuiination/Equal Employment Opporlunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wefland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance prograzns. The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscrinilnation requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Secrion 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrinunation Act of 1975; the Depar[ment of 7usrice Non-Discrni�ation Regularions, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability disciimination, 28 CFR Part 35 and Part 39. This grant contract is subject to all applicable federal and state statutes and regulations, including, but not lunited to the following: 1) 28 CFR Part 69, New Restrictions on Lobbying, and 28 CFR Part 67, Govermnent-Wide Debarment and Suspension and Govemment-Wide Requirements for Drug-Free Workplace through the submission of a certifica6on form committing the Grantee to compliance. 2) 28 CFR 42302 et.seq. through the submission of a certification form regarding the Grautee's Equal Opportunity Employment Plan compliance. The Grantee will provide an Equal Employment Opportunity Plan if required to maintain one, where the application is for $500,000 or more. 3) 28 CFR Part 46 and all federal Office of Justice Pmgrams policies and procedures regarding the protection of human research subjects. 4) 42 USC Section 3789g and 28 CFR Part 22 that are applicable to collection, use, and revelation of data or information. Cnantee fiuther agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particulaz, section 2223. 5 Conditions of Payment All services provided by the Cttautee 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 all 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. 6 Authorized Representative The State's Authorized Representative is Carrie Waslev. Youth Pro2rams Specialist Senior. 444 Cedar Street, Suite 100, St. Paul. MN 55101-5100, (6511296-2684, or his/her successor, and has the responsibflity to monitor the Grantee's performance and the authority to accept the services provided under this gant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representarive is William K. Finney, Chief of Police. C� of St. Paul. Police Department, 100 E Eleventh Sh St. Paul, MN 55101. (651) 292-3588. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Title II 03P Giam Number 2004-00066 : c�y-�25 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grautee may neither assign nor hansfer any rights or obligations under this gant 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 this grant contract, or their successois in office. 7.2 Amendments. Any amendment to tlus grant contract must be in writing and will not be effective until it l�s been exeeuted and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Conbact Complet� This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used Yo bind either P�4- Liability The Grautee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of action, including attomey's fees incurred by the State, arising from the perfomiance of this grant contract by the Grantee or the Grautee's agents or employees. T7ris clause will not be conshued to baz any legal remedies the Grautee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grautee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to exanrination by the State and/or the State Auditor or I,egislative Auditor, as appropriate, for a m;n;m� of six years from the end of this grant contract. 10 Govemment Dafa Pracfices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under tkus grant contract, and as it applies to all data created, collected, received, stored, used, inaiutained, or disseminated by the Grantee under ttus gant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the ('zrautee or the State. If the Grantee receiv'es a request to release the data referred to in tlus Clause, the Grantee must immediately notifythe State. The State will give the Grantee inshuctions conceruiug the release of the data to the requesting pazry before the data is released. 11 Workers' Compensation The Grzntee certifies that it is in compliance with Minn. Stat, § 176.181, subd. 2, pertaining to warkers' compensation insurance 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 party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regazding the subject matter of this gant 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 prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement The Grazitee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdic6on, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all legal TiUe II OIP Gran[ Number 2004-00066 oti- �25 proceedings out of this grant contract, or its breach, must be in the appmpriate state or federal court with competent jurisdiction in Rawsey County, Minnesota. 14 Termination 14.1 Termination by the Stat� The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon teruLn?tion, the Grantee will be enritled to payment, determiued on a pro rata basis, for services sarisfactorily performed. 14.2 Termination for Insuffuient Funding. The State may immediately ternLate tlus grant contcact if it does not obtain funding from the Minnesota Legislahu or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Term,na�on must be by written or faic notice to the Grantee. The State is not obligated to pay for any services that are pmvided after notice and effective date of termination. However, the Grantee will be entitled to payment, deternvned on a pro rata basis, for services satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the grant contraet is tennivated because of the decision of the Minnesota I,egislature, or other funding source, not to appropriate funds, The State must provide the Grantee norice of the lack of funding within a reasonable time of the State receiving that notice. 15 Data Disciosure Under Minu. Stat.§ 270.66, and other applicable law, the Grautee consents to disclosure of its social seciuity number, federal employer talc identification number, and/or Minnesota ta�c identification number, already provided to the State, to federal and state tasc agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state taac laws wluch could result in action requiring the Grautee to file state tax rehims and pay delinquent state taac liabilities, if any, or pay other state liabilities. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Irzdiv�'rdua! certifies that funds have been encumbered ar required'by,Minn. Stat. §§l6A.15 and l6C.05. Signed: Date: Grant Contract No.: 2. GRANTEE The Grantee cenifies that the appropriate person(s) "� have executed the grant cantract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or or� By: Title: Date: By: Title: � � �V - 2 � o �: �e- C+ � delegated Tide: Da[e: �'` �C.� �c.�.� � �A �CJ l J S ; C Distributiou: , ' Age°cy G�antee State's Authorized Represenfa[ive Title II OJP Grant Number 2004-00066 � � EXHIBIT A"���� 4a � y SOFP(� c ' - / Q �T QP � N OFFICE OF JUSTICE PROGRAMS �, �! � `' _.. �� Grantee: City of St. Paul Police Department Program: Mobile Crisis Team Page I of i S:\ODP\ODP\O7P Grauts & Amendments\GRANTS\Tide V�2004-00066 Mobile Crisis Sntumary.doc ��-t�5 Exhibit B, page 1 of 2 FEDERAL AUDIT REQUIREMENTS For subrecioients that are state or local qovernments. non-orofit orqani�ations. or Indian tribes (f tfie grantee expends totaf federal assistance of $300,000 or more per year, the grantee agrees to obtain either a single audit or a program-spec�c audft made for the fiscal year in accordance with the terms of the Single Audif Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a consfitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the govemment so requests. It shall aiso honor requests for bienniai audits by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecioients that are instifutions of hiaher educafion or haspitals If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB CircularA-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicabie laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Cert�ed PublicAccounts' (AlCPA) audit guide, "Audits of State and Loca! Governmenta! URits,° issued in 1986. The federal government has approved the use of the audit guide. In additlon to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason if is not shoufd accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records artd finaneial statements as may be necessaryfor the grantor to complywith the Single Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circular A-133. (04/03) Exhibit B., Page 2 of 2 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to supportthe schedule offederal assistanceforat leastfour years. 8. Reauired audit reaorts must be filed with the State AudkoPs Office. Sinale Audit Division. and with federal and state aaencies providinq federel assistance. and the Department of Public Safetv within six months of the arantee's £scal vear end. OMB Circular A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit reportshould be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square Sf. Paul, MN 55101-5126 o�t-��5 (04/03)