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04-421Council File # oy- yai Green Sheet # 206070 RESOLUTION � sanvrraui., 1vmvlvESOTA / � o Presented By: Referred To: Committee:Date: 2 WHEREAS, the City of Saint Paul, Poliee Department, has received a Juvenile Accountability Block 3 Grant from the Minnesota Deparhnent of Public Safety, for the period of January 1, 2004 through 4 June 30, 2005; and 5 6 RESOLVED, that the City Councii accepts this grant and authorizes the City to enter into, and Chief 7 William Finney to implement the attached agreement with the Minnesota Department of Public Safety, 8 which inctudes an indemnification clause. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DEPARTMENT/OFFICElCAUNCIL DA7E INITNTED Po�ice 3/25/04 GREEN S ET No. 206070 Cj CONTACT PERSON & PHONE INIMUDA INfi1AUDATE C I11G1 YYtili6�ll1'1LII1� 266-5588 � EPARTI�NipREROR Y COIRlLIL MUST BE ON COUNCIL AGENDA BY ( ATE) PIC256 prOCCSS E�SAP. ❑3 arcnnonuEr `/ �Crtvci.mK �fNpNL1pL5ERVILESGR � �FH�NMLSERV/ACCT6 ' ' �wYOR(ORASSL4TAN�) �PK.FIfS i�� Y� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) GTION REQUESTED Approvai of the attached council resolution accepting a Juvenile Accountability Block Grant from the Minnesota Department of Public Safety, and authorizing the City to enter into, and Cluef William Finney to implement an agreement with the Minnesota Department of Public Safety. RECOMMENDATION ApproVC (A) Of ReJECf (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this personlfirm ever worked under a coniract for this departmeM? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this perso�rtn ever bcen a c'ity employee? , CIVIL SERVICE COMMISSION YES NO 3. Dces this persoNfirm possess a sldll not nortnally passessetl by any current city empioyee� YES NO 4. Is ihis perso�rm a targeted vendoR YES NO Explain ali yes ansvers on sepa2te sheet and attach to green sheet INITfA71NG PROBLEM ISSUE, OPPORTUNI7Y (WNO, WHAT, WHEN, WHERE, WHY) The City of Saint Paul, Police Deparlment, has received a Juvenile Accountability Block Grant from the Minnesota Department of Public Safety for the period of January 1, 2004, through June 30, 2005. (Attached is a copy of the grant agreement.) ADVANTAGESIFAPPROVED Ability to use grant funds available for youth curfew and truancy sweeps, entiancing youth probation, enhancing youth after school ptograms, and for youth gang intecvention REC DISADVANTAGESIFAPPROVED APR 0 9 �004 None. MAYOR'S DISADVANTAGES IF NOT APPROVED Inability to use grant fimds available for programs to ieduce jnvenile crime. �"�'"�� �������� � ��� � � ���� TOTALAMOUN70FTRANSACTION$ $179,857.00 COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDING SOURCE State of Minnesota Grant ACTIVITY NUMBER 436-3A067 FINANCIAL INFORMATION (EXPWII� Juvevile Acc[ Blck Grnnt a.gs.2004 STATE OF MINNESOTA GRANT CONTRACT o�!- y�l This gram contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Progaams, 444 Cedar Street. Suite 100 St. Paul MN 55101-5100 ("State") and City of St. Paul, Police Department. 367 Grove Street. St. Paul. Minnesota 55101 ("GTantee"). Recitals 1 Under Minn. Stat. § 299A.01. Subd 2(� the State is empowered to enter into this grant contract. 2 The Grantee represents that it is duly qualified and agrees to perfoRn all services described in this grant contract to the satisfaction of the State. 3 Federnl funds for this grant contract are provided from Public I,aw 107-273, Depattments of Commerce, Justice, and State, the Judiciary, and Relateti Agencies Appropriation Act of November 2002 for the putpose of promoting greater accountability in the juvenile justice system. The State is in need of projects that will improve juvenile justice system infrastructure and operations. Graut 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 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 6as been norified by the State's Authorized Representative to begin the work. 1.2 Expiration date. June 3'0. 2005, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 13 Surviva! 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, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2.1 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. 22 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 gant contract, will 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 grant contract. In the performance of this grant contract, time is of the essence. 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 Grantee will be reimbursed an amount not to exceed $179 857.Oq according to the breakdown of costs contained in Exhibit 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 E�ubit 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) Trave[ E�enses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by tlie Grantee as a result of this grant contract 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 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 approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. Juvenile Accountability Btock Gran[ 04 O1P Grent Number 2004-0016I ,.� ��-� (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the gant contract, will be met by the Grantee: $19.985.00. (4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $179,857.00. 4.2 Payment (5) Invoices. The State will promptly pay the Grantee afrer the Grantee presents an itemized invoice for the services acmally performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted tunely and according to the following schedule: Itemized invoices will be filed in arrears at least quarterlv. but not more often than monthly, and within 30 days of the period covered b�he invoice for services satisfactorilKperformed. 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 pertainine to each state fiscal year of this erant contract must be received by JulX31 of that calendar � r Reimbursements from the next fiscal vear(sZmav commence on or after July 1 of that calendaz year. The final invoice must be received no later than 45 da� after the expiration date of this grant contract Upon the Grantee's request, an advance payment may be made after grant contract execution, in an amount not to exceed 30 days of the State's obligation as detemuned necessary by the State, for execution 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 amendment to the grant contract has been duly executed. Unused funds must be retumed to the State within 45 days of the exp'uation date of this gant comract. 4.3 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 16.523. The Grantee 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 (irautee assures that matching funds required to pay the non-Federal portion of the cost of each prograui and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for these activities by the recipients of the grant funds.The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circular 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 comply with all Juvenile Accountability Incentive Block Grants (JAIBG) progaxri requirements as outlined in the JAIBG Prograin Guidance Manual, Version 3A (September 2000) or future JAIBG Program Guidance Manuals, and JAIBG progrun regulations (28 CFR., Part 31). The Grantee agrees to comply with the fmancial and administrative requirements set forth in the current edition of the Office of 7ustice Programs (OJP) Financial Guide. The Grantee assures that federal funds made available under this gram conuact 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 fiuids be made available for criminal justice activities. The Grantee will comply with provisions of Federal law which limit certain political activities of employees of a local unit of government whose principal employment is in connection with an activity fmanced in whole or in part by Fedexal grants (5 USC 1501, et seq.}. The Grantee will comply with the minunum wage and maacimum hour provisions of the Federal Fair Labor • 7uvenile Accountability Block Grnnt 04 O1P Grant Number 2004-00161 Standards Act. D � � The Grantee will establish safeguards to prohibit 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 des. The Cnautee assures that in the event a Federal or State court or Federal or State administrative agency makes a fmding of disciinrination after a due process hearing on the gounds of race, color, religion, national origin, sex, or disability against the Grantee or its subcontractors, the Grantee will forwazd a copy of the fmding to the State. The Grantee assures that it wlll comply, and all its subcontractors will comply, with the appiicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 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 Programs Financial and Administrative Guide for Cmants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.The Grantee will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Crnninal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Prograzns and Activities; Part 42, Nondiscrimination/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 Assistance programs. The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscrunination 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 Civii Rights Act of 1964, as amended; Section 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 Discrimination Act of 1975; the Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Departxnent of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: 1) 28 CFR Part 69, New Restrictions on Lobbying, and 28 CFR Part 67, Government-Wide Debannent and Suspension and Government-Wide Requirements for Drug-Free Warkplace through the submission of a certification form committing the Grantee to compliance. 2) 28 CFR 42.302 et.seg. through the submission of a certification form regazding the Grantee'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 $S�O,�QO or more. 3) 2$ CFR Part 46 and all federal Office of Justice Programs policies and procedures regazding 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. Grantee further agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particulaz, section 22.23. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as detemtined 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 Andre Wieeand. Justice and Community Grants 444 Cedar Street Suite 100 St. Paul_ Minnesota 55101 {651) 296-8755, or his/her successor, and has the responsibility to monitor the Grantee's Juvenile Accountability Block Grant 04 O1P Grnnt Number 2004-00161 O�/ �ai performance and the authority to accept the services provided under this 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 Finney, St. Paul Police Department. St Paul Police Department St Paul. Minnesota 55101 (651) 266-5587. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 71 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant comract without the prior consent of the State and a fully execnted Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, 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 saxne parties who executed and approved the original grarn 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 Contract Complete. 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 to bind either P�Y� 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harniless from any claims ar causes of action, including attomey's fees incurred by the State, arising from the performauce of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obl'agations under this grant contract. 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 examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a nunimum of six years from the end of this gant 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 this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or dissemivated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data refened to in this Clause, the Ca must immediately notify the State. The State will give the Grantee instructions conceming the release of the data to the requesting par[y 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. The Grantee's employees and agents will not be considered State employees. Any claims Ihat 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 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 inctudes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with Juvenile Accountabiliry Block Gran[ 04 OJP Grant Number 2004-OOI6I o� ��i others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 122 Endorsement The Grantee 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, govems this grant contract. Venue for all 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, Minnesota. 14 Terminafion 14.1 Termination 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 ternunation, the Grantee will be entitled to payment, detemuned on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufftcient Funding. The State may immediately teuninate 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. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that aze provided afrer notice and effective date of temrination. However, the Grantee will be entitled 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 the gant contract is ternunated 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.b6, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer taac identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state taY laws which could result in action requiring the Grantee to file state tax retums and pay delinquent state ta�c liabilities, if any, or pay other state liabilities. Juvenile Accountability Block Gmnt 04 OJP Grant Number2004-00161 1. STATE ENCUMBRANCE VERIFICAT[ON Individual certifies lhai junds have been encumbered as required by Minn. Stat. �t �� 16A.lS and l6C.05. Signed: Date: Grant Conhact No.: 9300-i 152 / 2004-00161 2. GRANTEE The Grantee cerlifies that the appropr have executed the grant contract on be � reguired by applicab[e articlu, bylaws, By. Title: Date: B Title: Date: 3. STATE AGENCY 0�/. ��/ By: (with delegated autt�ority) Title: Date: By: sistant City Attorney By: D3rector, OFS s Directaa, Human 8ights Dept. Disfibu[ion: Agency Grantee Siate's Authorized Representative � `� � ojthe Grantee as olutioru, or ordin¢ncu. � Y�\1�.4�� S luvenile Aceoun[ability BlockGant 04 6 OJP Grant Number 2004-0OI61 EXHIBIT A , ;,=r�P ��,, ��= �,�= �.�a, � =��, (;�. ' f� y '�O„ . 'Mm...�, �� ` y .v✓",��i r...: �: `~� OFFICE OF JUSTICE PROGRAMS � � �� ;1�_.--�� � � � ��6" .:.���::.M. ` °� . �r„� F„tt��i ..r��.�.,c,�,wf,fHaa:_.� Grantee: City of St. Paul Police Department Program: JABG y��/ Page 1 of 1 C:�DOCUME�•1\gillquis�I.00ALS�1\Temp�2004-00161 St Paul PD Summary.doc Oh/ �ai Exhibit B, page � of 2 FEDERAL AUDIT REQUIREMENTS 'I. For subrecioients that are state or local aovernments �on-orofit oraanizations or Indian tribes If the grantee expends total federal assistance of $300,000 or more per year, the grantee agrees to obtain either a single audit or a program-spec�c audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by Januaryl, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agencyshall permit biennial audits, covering both years, ffthe governmentso requests. It shall also honor requests for biennial 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 institutions of hiaher education or hos�itals 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 applicable laws and regutations. 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 pertormed in accordance with the provisions of OMB Circutar A-133 (or A-110 as appticable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the aud'+t guide. In addition 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 statementdescribing 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 shall have such access to grantee's records and fi�ancia� 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 comply with the Single Audit Act and OMB Circular A-133. (04/03) D�,/- �/a� Exhibit B., Page 2 of 2 6. The Statement of Expenditures form can be used for the schedule of federal assistance. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Reauired audit reoorts must be filed with the State Auditor's Office Sinqle Audit Division and with federal and state aaencies providin4 federal assistance and the Deoartment of Public Safetv within six months of the arantee's fiscal vear end OMB Circular A-133 requires recipients of more than $300,000 in federal funds to submit one copyof the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1207 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safetys audit report shouid 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 (04/03)