04-311Council File # - 3, �
Green Sheet # 206058
Presented By:
Ref'erred To:
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RESOLUTION
� SAI�'T PAUL, NIINNESOTA
Committee:Date:
�
WHEREAS, the City of Saint Paul, Police Department, has been awarded an East Consolidated (ECOl�
Crime Prevenfion Grant to expand community policing in the City of Saint Paul's East Side and the
ECON Weed and Seed site; and
BE TT IiESOLVED, that the Saint Paul City Council accepts this grant and authorizes the City of
5aint Paul to enter into, and Chief William Finney to implement the attached agreement with the
Minnesota Department of Public Safety, which includes an indemnification clause. A copy of said
agreement is to kept on file and on record in the Office of Financial Services.
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STATE OF MIlVNESOTA
GRANT CONTRACT
This grant contract is between the State of Minuesota, acting through its Commissioner of Public Safety, Office of Justice
Prograws 444 Cedar Street Suite 100 St Pai 1 MN 55101-5100 ("State") and Cit uf St Paul Police Department 367
Grove Street. St. Paul. MN 55101 ("Grantee").
Recitals
Under Minn. Stat. § 299A.01. Subd 2(41. the State is empowered to enter into this gant contract.
The C,iantee represents that it is duly qualified and agrees to perform all services described in this grant coniract to the
satisfaction of the State.
Federal funds for Wis gant contract aze provided from the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, for the purpose of enhancing and innproving the efficiency and effectiveness of the crimival justice system.
TSie State is in need of specific proj ects that futfill this purpose.
Grant Contract
Term of Grant Contract
1.1 EffecBve date. April. 1. 2004, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract unti! tLis contract is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date. Mazch 31 2005, or untIl all obligations have been satisfactorily fulfilled, whichever occurs first.
13 Survival of Terms. The following clauses survive the e�cpiration or cancellation of ttus gant contract: 8. Liabiliry;
9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
Grantee's Duties
2.1 The C'n�antee, 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 C�antee will submit written reports to the State on a quarterly hasis. Other requirements, if necessary and
agreed to by both parties to trris gant contract, wili be given to the Grantee in writing by the State's Authorized
Representative.
3 Time
The Grantee must comply with all the time requirements described in this graut contract. In the perfortnance of this
grant contract, time is of the essence.
4 Considerafion and Payment
41 Consideration. The State will pay for all services performed by the Grantee under this grant conuact as follows:
(1) Compensauon. The Crruitee wtll be reimbursed an amount not to exceed $103.159.00, according to the
breakdown of costs contained in E�ibit A, which is attached and incorporated into this grant contract. The
Crrantee 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 Itepresemative before any expenditures can be made based on the revised budget.
(2) Travel Expenses. Reunbursement for travel and subsistence expenses actually and necessarily incurred by the
Cirailtee as a result of this grant contract will be paid in the same manner and in no greater amount than
provided in the cuu•eut "Commissioner's Plan" promulgated by the commissioner of Employee Relations
which is incorporated into this grant contract by reference. The Grantee will not be reimbursed for travel and
subsistence expenses incurred outside Minnesota unless it has received the State's prior written approvai for
out of state travel. Minnesota will be considered the home state for det�*+�r;ng w�ether travel is out of state.
(3) Matching Requiremenas (If Applicable.) Grantee certifies that the following matching requirement, for the
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grant contract, will be met by the Grantee: 0.00.
(4) Total Ob[igation. The total obligation of the State for all compensarion and reimbursements to the Grantee
under this gcant contcact will not exceed $103.159.00.
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 services. Invoices
must be submined timely and according to the following schedule: Itemized invoices will be filed in an�ears at
least ouarterlv. but not more often than monthlv and within 30 days of the period covered by the invoice for
services sarisfactorily performed.
Expenditures for each state fiscal year of this grant contract must be for services performed within the
applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. The final invoice
pertaining to each state fiscal V�r of this grant conhact must be received by 7uly 31 of that calendaz vear
Reimbursements from the next fiscal year�s) mav commence on or after 7uly 1 of that calendar vear The final
invoice must be received no later than 45 days after the expiration date of this pant contract
Upon the Grantee's request, an advance payment may be made after gcant contract execution, in an amount not
to exceed 30 days of the State's obligation , as detezmined necessary by the State, for execurion of the
Grantee's grant contract obligations.
The Grantee agrees to return any unused funds to the State unless prior approval for an extension has been
granted by the State's Authorized Representative and an axnendment to the grant contract has been duly
executed. Unused funds must be retumed to the State within 45 days of the expiration date of tius grant
contract.
43 Federal requirements. (Where applicable, if blank this section does not apply)
Payments under this grant contract will be made from federal funds obtained by the State through CFDA 16.579.
The Grairtee is responsible for compliance with all federal requirements imposed on these funds and accepts full
financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements.
The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget
Cucular A-133. An explanation of the Federai Audit Requirements is attached and incorporated and made a part
of this grant contract. See Eachibit B.
The Cndntee shall submit to the State one copy of all reports and proposed publications resulting from this
agreement thirty {30) days prior to public release.
Any written, visual, or audio publications, with the exception of press releases, whether published at the Grantee's
or State's expense, shall coniain the following statement:
"This project was supported by Giant No. 2003-DB-BX-0036 awazded by the Bureau of Jusuce Assistance. The
Bureau of Justice Assistance is a componem of the Office of Justice Progcams, which aiso includes the Bareau of
Justice Statistics, the Narional Institute of Justice, the Office of Juvenile 7ustice and Delinquency Prevenfion, and
the Office for Victims of Crime. Points of view or opnuons in this document are those of the author and do not
represent the official position or policies of the United States Department of Justice."
The Grantee will not use these funds to operate a"pay-to-sta�' progrun in any local jail nor will the Grantee
subaward funds to local jails which operate "pay-to-sta}�' prog}�auis.
The Cnarrtee agrees to comply with 28 CFR Part 23 if federal funds aze used to support crnnival inteiligence
systems.
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The (3rantee agees to comply with the finaucial and administrative requirements set forth in the current edition of
the Office of 7ustice Progiaws (OJP) Financial Guide.
The Grantee assures that federal funds made available under this grant conhact 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 federat funds, be snade
avaiiable for crnninal justice activities.
The Grantee wIll comply with provisions of Federal law which limit certain political activities of employces 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 Grautee will comply with the miuimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act.
The Grantee will establish safeguards to prohibit employees from using their positions for a pmpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, par[icularly those with
whom they have family, business, or other ties.
The Cn�antee assures that in the event a Federal or State court or Federal or State admnush agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disabiliry against the Grantee or its subcontractors, the Grantee will forward a copy of the finding to the State.
The Grantee assures that it will comply, and all its subcontractors will comply, with the applicable provisions of
Title I of the Omiubus Crime Controi and Safe Streets Act of 1968, as amended, the Juvenile 7ustice and
Delinquency Prevenrion Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of
the Office of Justice Programs Financiai and Administrative Guide for Grants, M7100.1; and all other applicable
Federal laws, orders, circulars, or regulations.
The Gzantee will comply with the provisions of 28 CFR applicable to grants and cooperative ageements including
Part 18, Adininistrative Review Procedure; Part 20, Criniinal Jixstice Information Systems; Part 22, Confidenfiality
of Identifiable Research and Statistical Inforn�afion; Part 23, Criminal Intelligence Systems Operating Policies; Part
30, Intergovemmental Review of Depattment of Justice Prograins and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmentat Policy Act; Part 63, Floodplain Management and Wetland Frotection Procedures; and Federal laws
or regulations applicable to Federal Assistance programs.
The Grantee assures that it will complg and all its subcontractors will comply, with the nondiscrimivarion
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
Rehabilitafion 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 Discrimination Act of 1975; the Department of Justice
Non-Discrinunafion Rea lations, 28 CFR Part 42, Subparts C, D, E and G; and Department of 7ustice regulafions
on disability discrimivation, 28 CFR Part 35 and Part 39.
This grant contract is subject to all applicable fedeiat 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, Govemment-Wide Debarment and
Suspension and Govemment-Wide Requirements for Drug-Free Workplace through the submission of a
certification form committing the Grantee to compliance.
2) 28 CFR 42302 et.seq. through the submission of a certificarion form regazding the Cn�autee'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 7ustice Programs policies and procedures regazding the protection of
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humau research subjects.
4) 42 USC Section 3789g and 28 CFR Part 22 that are applicable to collection, use, and revelation of data or
information Graiitee 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 setvices provided by the Grantee under this grant contsact must be performed to the State's satisfaction, as
detennined 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 (ir�ntee will not receive payment for work found by the
State to be unsarisfactory or performed in violation of fedeial, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Sue Perkins. Grants Snecialist Coordinator 444 Cedar Street Suite 100 St
Paul. MN 55101-5100. 6511284-3329, or his/her successor, and has the responsibility to monitor the Grantee's
perfom�ance 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 subxnitted for payment.
The Grantee's Authorized Representative is WIlliam K. FinneY, Chief of Police. City of St Paul Police Department
367 Grove Street. St. PauL MN 55101, (651 292-3588. If the Cn•aiitee's Authorized Representarive changes at any
time during this grant contract, the Crrautee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assign nor h�ansfer any rights or obligations 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 this grant contract, or their successors in office.
7.2 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 exeeuted and approved the original grant contract, or their
successors in office.
7.3 Wazver. 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 Contract Compdete. This grant contract contains all negotiations and agreements between the State and the
Grantee. No other understaudang regarding this grant contract, whether written or oral, may be used to bind either
P�Y•
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees hatmless fi any claims or causes of
action, inciuding attomey's fees incurred by the State, arising from the performance of this grant contract by the
Grantee or the Grantee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee
may have for the State's failure to fulfill its obligarions under this grant contract.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the �`ndirtee's books, records, documents, and accounting procedures and
prnctices relevant to this grant contraet aze subject to exauunation by the State andJor the State Auditor or Legislative
Auditor, as appropriate, for a iniuimum of six years from the end of this grant contract.
10 Government Data Practices
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 tlus 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 appiy to the release of the data referred to in this clause by either the Cm�ntee or the State.
If the Grantee receives a request to release the data refesed to in this Clause, the Grantee must immediately notify the
State. The State will give the Grantee instructions concerunig the release of the data to the requesting party before the
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data is released.
11 Workers' Compensation
The Giantee certifies that it is in compliance with Minu. Stat § 176.181, subd. 2, pertaiuing to workers' coxnpensation
inc,�ra„� �verage. 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 pazt of these employees aze in no way the State's obligation
or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regarding the subject matter of this gant contract must identify the State as the
sponsoring agency and must not be released without prior written approvat from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational paznphlets, press releases,
research, reports, signs, and similaz public notices prepazed by or for the Grantee individually or jointly with
others, or any subconhactors, with respect to the program, publications, or services provided resulting from trus
g�ant contract.
12.2 Endnrsemen� The Gr�ntee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for ail legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Mixuiesota.
14 Terruination
14.1 Terminatian by the State. The State may cancel this grant contract at any time, with or without cause, upon 30
days' written notice to the Grantee. Upon tetminafion, the CTrantee will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
14.2 Termination for Insufficient Funding. The State may immediately temunate this grant contract if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if fixnding cannot be continued at a
level sufficient to allow for the payment of the services covered here. Temiuiation 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
tennii�ation. However, the Cn�autee will be entitled to payment, detemuned 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 contract is temilnated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. The State must provide the Cnantee notice of the lack of fund'mg within a reasonable time of the
State receiving that notice.
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15 Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Crrdutee consents to disclosure of its social security number,
federal employer taic identification numbet, and/or Minnesota taac 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
numbets may be used in the enforcement of fedeial and state taz laws which could result in action requiring the
Gzantee to file state taY retums and pay delinquent state tax liabilities, if any, or pay other state liabilities.
ENCUMBRANCE VERIFICATIOPS
'ual certifier thatfundr have been encumbered as
ed by Minn. StaG §§ 16A.15 and 16C.05.
3. STATE AGENCY
Sigaed: �
Date:
Grant Contrnct No.:
2. GRANTEE
The Grantee cert�es that the appropriate person
have �ecuted the grarzt contract on bekalfof the Gra ee as
required by app[icable ' es, by[aws, resolutiorrs, or o'n
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Title: l'.��� D 1 Osr\ I
Date: f/� ' � a— --
By:
Title:
Date:
(with delegated
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By:
Title:
Date:
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OFFICE OF JUSTICE PROGRAMS
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City of St. Paul Police Department
ECON Crime Prevention
Page 1 of 1
S:\ODP\ODP\OJP Grants & Amendments\GRANT'S\Community Crime\St Paul PD Summary.doc
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Exhibit B, page 1 of 2
FEDERAL AUDIT
1. For subreci�ients that are state or foca4 oovemments non-orofiF oroan'tzations or lndian tribes
If the grantee expends tota( federal assistance of $3�0,000 w more per year, the grantee agrees to
obtain either a single audit or a program-specific audit made for the fiscai year in accordance with the
terms of the Single Audit Act Amendments of 1996.
Audits shall be made annuaily unless the state or local govemment has, by January 1, 1987, a
constitutional or statutory requirement for less frequent audits. For those govemme�ts, the federal
cognizant agency shall permit biennial audits, covering both years, 'rfthe govemment so requests. It shall
also honor requests for biennial audits by govemments 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 insGtutions of hiaher education or hosofta4s
If the grantee expends totai direct and indirect federal assistance of $300,000 or more per year, the
grantee agrees to obtain a financiai and compliance audit made in accordance with OMB Circu�arA-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
appticable 4aws and regulations.
2. The audit shall be made by an independent auditor. An independent auditor is a state or Iocai
government auditor or a pubiic accauntant who meets the independence standards specified in the
General Accounting Office's'Standards for Audit of Governmental Organizations, Programs, Activi6es,
and Functions."
3. The audit report shall state that the audit was pertormed 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
Certified Public Accourtts' (AICPA) audit guide, "Audits of State and Locaf Govemmental Units," issued in
1986: The federal government has approved the use of the audit guide.
In addition tothe audit report, the recipient shall provide comments on thefindings and recommendations
in the report, including a plan for corrective action taken or planned and comments on the status of
corrective action taken on priorfindings. If corrective action is not necessary, a statement describing the
reason it is not should 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 shaN have such access to grantee's records and financial statements
as may be necessary for 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 compiy with the Single
Audit Act and OMB Circular A-139.
(oaios)
Exhibit B., Page 2 of 2
6. The Statement of Expenditures form can be used for fhe schedule of federal assistance.
The grantee agrees to retain documentation to supportthe schedule offederal assistance for at leastfour
years.
8. Reauired audit reaorts must be filed with the State Auditor's Office Sinale Audit Division and
with federe! and state aaencies arovidina federel assistance and the Deuartment of Pubtic Safetv
withm six months of the arantee's fiscal vear end
OMB Circufar A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the
audit report wiYhin 30 days after issuance to the central clearinghouse at the foliowing 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 report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 128, Town Square
St. Paul, MN 55101-5126
(04/03)
, �
DEPARTMENT/OFF{CE(COUNCIL DAT5INITIA7ED �
PoliceDepartwent znsio4 GREEN SHEET No. 206058
C NTACT PERSON & PHONE INfiIAL/D INfiIAUDA7E
C1�iefWilliamFinney 266-5588 1 DEPARTNEMqRECTO 5 �ax+a�
� MUST BE ON COUN L AGENDA B(DA � �
� Please process ASAP with green sheet 206059. 3�v nno,afrr Y`� �x c�.Eax�
�FNFNCIALSERVICFSDIR� �FCUNCIALSERV/ACCTG
�VOR (ORA5545TANT) � RI4R5
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED �
Approval of the attached councIl resolution accepting an East Consolidated (ECOI� Crime Prevention grant from the
Minnesota Department of Public Safety and authorizing the City to enter into, and Chief William Finney to implement a grant
agr�ment with the Minnesota Department of Public Safery.
Note: The council resolutions fmm green sheets 206058 and 206059 must be on the same City Council agenda
date. The council resolution for greeu sheet 206058 mus[ be listed directly before the council resolution for
green sheet 206059.
� RECOMMENDATIONApprove(A)orReject(R� PERSONALSERVICECONTRACTSMUSTANSWERTHEFOLLOWINGQUESTIONS:
1. Has this personffirm ever worked under a contract for this depadmentt
PLANPIING COMMISSION YE5 NO
CIB COMMITTEE 2. Has this personlfirm ever been a ciry employee?
CIVIL SERVICE COMMISSION YES NO
3 Dces this per possess a skill not normaliy possessed by any current ciry employee�
YES NO
' 4. Is ihis perso�rm a targeted vendoR
YES NO
Fxplain all yes answers on separete sheet and atlach to green sheet
INITIATING PR08LEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY)
The State of Minnesota has awarded an ECON Crime Preven6on grant to the City of Saint Paul, Police Department,
to e�,pand community policing in the City of Saint Paul's East Side and the ECON Weed and Seed site.
ADVANTAGESIFAPPROVED
Ability to use grant fiutds to expaud community policing in the City of Saint Paul's East Side and the ECON Weed
and Seed site. � � � � � �
�,C�,`.t7A!^a? �aar, ,. ^�� fi.` w;�.,,
�n
DISADVANTAGES IF APPROVED 4
None s��� J � ���� � ` ����6�� i
La���' ,� 9
DISAOVANTAGES IF NOT APPROVED
Grant funds will not be available to eacpand community policing in the Ciry of Saint Paul's Eas[ Side and the ECON Weed
and Seed site.
TO7AL AMOUNT OP TRANSACTION S 103,159 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE $Y3t0 Of 1�lItTI0SOf3 ACTIVITY NUMBER 436-34163
FINANCIAL INFORMATION (EXPLAIN)
Econ Crime Prevention Grant acceptance.a.gs.2004