04-45RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By: �� ' " __
436 - Special Projects-Police
FINANCING PLAN:
34154 - Vietnamese Youth Ed. & Crime Prevention
3199 - Other Federal Direct Grants-State
Referred To: Committee:Date:
2 WHEREAS, the City of Saint Paul, Police Department, has received a grant from the Minnesota Department
3 of Public Safety for the Vietnamese Youth Education and Crime Prevenfion Project for the period of
4 January 1, 2004, through December 31, 2005; and
5
6 WFIEREAS, a 2004 financing and spending plan needs to be established for this grant; and
7
8 WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that
9 there are available for appropriation funds of $58,800 in excess of those estimated in the 2004 budget; and
10
11 WHEREAS, the Mayor recommends that the following addition be made to the 2004 budget:
12
13
14 CURRENT AMENDED
15 BUDGET CHANGES BUDGET
lb
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Total Changes to Financing
SPENDING PLAN:
34154 - Vietnamese Youth Ed. & Crime Prevention
0132 - Salaries-Temporary/Seasonal
0219 - Fees-Other Professional Services
0439 - Fringe Benefits
Total Changes to Spending
Council File # ��{-y5
Green Sheet # 206026
58,800
��
5,420
52,800
580
�,$S�
22
58,800
5,420
52,800
580
THEREFORE BE IT RESOLVF.D, 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.
Requested by Department of':
Thune �
Adopted by Council: l
Adoption Certified by
B `
Approved by Nj r:
B / �
Police
BY� �.4—
Approval Recommende Financial Services:
By � ��
t'
STATE OF MINNESOTA
GRANT CONTRACT
��� \/
This grant contract is behveen Uae State of Minnesbta, acting through its Commissioner of Public Safery. Office of Justice
Pro�rams. 444 Cedar Street. Suite 100. St. Paul. MN 55101-5100 ("State") and Citv of St. PauL Police Department 100 E
l lth Street. St. Paul, MN 55101 ("Grautee").
Recitals
1 Under Minn. Stat. § 299A.01. Subd 2(41, the State is empowered to enter into this gcant contract.
2 The Grantee represents that it is duly qualified and agrees to perform all services described in this gant contract to the
satisfaction of the State.
3 Federal funds for tlus grant contract aze pmvided from the Omnibus Crime Control and Safe Strcets Act of 1968, as
amended, for the purpose of enl�aucing and improving the efficiency and effectiveness of the criminal justice system.
The State has also been authorized to admuuster funds appropriated by the Legislature under Laws of Minnesota 2003,
1 st Special Session, Chapter 2, Article l, Section 9, Subd. 7 as cash match for these funds and is in nced of projects
fulfill tlus purpose.
Grant Contract
1 Term of Grant Contract
1.1 Effective date. JanuarX 1, 2004, or the date the State obtains all required signatures undet Minnesota Statutes
Secfion 16C.05, subdivision 2, wluchever is later,
The Grantee must not begin work under tlus grant contract until tlus contract is fully executed and the
Grantee has been notitied by the State's Authorized itepresentative to begin the work.
12 F,xpiration date. December 31. 2005, or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
13 Survival of Terms. The following clauses survive the expiration or cancellation of ttus grant contract: 8. Liability;
9. State Audits; 10. Government Data Pracfices; 12. Publicity and Endorsement; 13. Goveiuiug Law, 7urisdiction,
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 tzsks specified in the Grantee's grant
application for tlus prograiu, wluch 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 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) Compensakon. The Grantee will be reimbursed an amount not to exceed $117,600.00, according to the
breakdown of costs contained in E�ibit A, which is attached and incorporated into this grant contract. The
Cnazrtee will submit a revised budget for any deviafion of at least 10% or $200.00, whichever is greater,
between approved budget lines in Elchibit 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
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 ttus grant contract by reference. The Grantee wIll not be reimbursed for travel and
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subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for
out of state h Minuesota will be considered the home state for detemuning whether travel is out of state.
(3) Matching Requirements, (If Applicable.) Grantee certifies that the following matching requirement, for the
grant conhact, will be met by the Grantee: $0_00.
(4) Tota1 Obligation. The total obligatiou of the State for all compensation and reimbursements to the Grantee
under flus grant contract will not exceed $117.600.00.
42 Payment
(1) Invoices. Tfie State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorizad Representative accepts the invoiced services. Inyoices
must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at
least quarterlv but not more often than monthiv and within 30 days of the period covered b�the invoice for
services satisfactorilv nerformed.
Expenditures for each state fiscal year of this grant contract must be for services performed witbin the
applicabie state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. The final invoice
nertaining to each state fiscal year of this erant contract must be received by Julv 31 of that calendar year
Reimbursements from the next fiscal yeac�Zmay commence on or after Julv 1 of that calendar year. The final
invoice must be received no later than 45 � after the expiration date of this erant contract.
Upon the Grnntee's request, an advance payment may be made after grant contract executioty in an aznount not
to exceed 30 days of the State's obligation, as determined necessary by the State, for execution of the Grantee's
grant contract obligations.
The Grautee agrees to retnrn 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 expiration date of this grant
contract.
4.3 Federal requiremenis. (Where applicable, if blank t�is section does not apply)
Payments mmder tiris grant contract will be made from federal funds obtained by the State through CFDA 16.579.
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 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 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 Grautee's
or State's expense, shall contain the following statement:
"This project was supported by Cnnut No. 2003-DB-BX-0036 awarded by the Bureau of Justice Assistance. The
Bureau of Justice Assistance is a component of th8 Office of 7ustice Programs, which also includes the Bureau of
Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and
the Office for Victims of Crime. Points of view or opinions in this document ue those of the author and do not
represem the official position or policies of the United States Departxnent of Justice."
The Grantee will not use these funds to operate a"pay-to-stay" program in any local jail nor will the Gruitee
subawud funds to local jails which operate "pay-to-sta}�' programs.
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The Grantee agrees to comply with 28 CFT2 Part 23 if federal funds are used to support crimuial intelligence
systems.
' The Grantee agrees to comply with the �nancial and administrative requirements set forth in the current edition of
the Office of Justice Prog (OJP) Finaacial Guide.
The Grantee assures ttiat federat 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 fixnds that would, in absence of federal funds, be made
available for crinvnal justice activities.
The Cttantee will comply with provisions of Fedeial law which limit certain polirical activities of employees of a
local unit of govemment whose principal employment is in connection with an activity fmanced in whole or in part
by Federal grants (5 USC 1501, et seq.).
The Grantee will comply with the minimum wage and maximum hour pmvisions of the Federal Fair Labor
Standards Act.
The Grantee will establish safeguards to prolubit employees from using theu positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particulazly those with
whom they have family, business, or other ties.
The Grantee assures that in the event a Federal or. State court or Federal or State administrative agency xnakes a
finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disabIlity against the Cttantee or its subcontractors, the Grantee will fonvazd a copy of the finding to the State.
The Cscantee 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 Prevention Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of
the Office of Justice Progi�ams Financial and Adxnnuslrative Guide for ('nauts, 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, Adnunistrative Review Procedure; Part 20, Criinival Jusrice Information Systexns; Part 22, Confidentiality
of Idenrifiabie Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part
30, Intergovenuuental Review of Department of Justice Pmgranis and Activities; Part 42, Nondiscrimination/Equal
Empioyment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland Protecfion Procedures; and Federal laws
or regulations applicable to Federal Assistauce progi�uns.
The ('nautee assures that it will comply, and all its subcontractors will comply, with the nondiscrimivation
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; 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 Discrinrivation Act of 1975; the Department of Jusrice
Non-Discrimination Regulations, 28 CFR Part 42 Subparts C, D, E and G; and Department of Justice regulations
on disability discriinination, 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, Govemment-Wide Debarment and
SuspensiQn and Govemment-Wide Requirements for Dmg-Free Workplace through the submission of a
certification form committing the Grantee to compliance.
2) 28 CFR 42.302 et.seq. through the submission of a certification form regazding the Cttautee's Equal
Byrne and Byrne Sq[e Ma[ch 3
OJP Gcan[ Number 2004-00007
0�-�5
Opportunity Employment Plan compliance. The Grautee 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 Progiais�s policies and procedures regazding the protection of
human research subjects.
4) 42 USC Section 3789g and 28 CFR Part 22 that are applicable to collecrion, use, and revelation of data or
information. Gcantee fiuther agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR
Part 22 aud, in particular, section 2223.
5 Conditions of Payment
All services provided by the Cttantee under this grant contract must be performed to the State's satisfaction, as
detemuned 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 worlrfound by the
State to be unsarisfactory or perfo�ed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Maurice Nins Planner Senior State. 444 Cedar Street, Suite 100, St. Paul.
MN 55101-5100, (6511284-0063. or his/her successor, and has the responsibility to monitor the Cttantee's
perfoimance and the authority to accept the services provided under this grant contract. If the services are satisfactory,
the State's Authorized Represemative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is William K Finnev. Cluef of Police. City of St. Paul, Police Department.
100 E l lth Street, St. Paul, MN SS10L �651) 292-3542. If the Grantee's Authorized Representarive changes at any
trme during t}us grant contract, the Grantee must unmediately norify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assign nor t�ansfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Ageement, 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 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 Contract Complete. This grant contract contains all negotiations and ageements between the State and the
Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either
P�3'•
8 Liability
The C,rantee must indemnify, save, and hold the State, its agents, and employees ham�less from any claims or causes of
action, including attorney's fees incurred by the State, arising from the perfonnauce of this grant contract by the
('n•autee or the Grantee's agents or employees. This clause will not be constmed to baz any legal remedies the Cttantee
may have for the State's failure to fulfill its obiigations 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 aze subject to exawination by the State and/or the State Auditor or L,egislafive
Auditor, as appropriate, for a murimum of six years from the end of this grant contract.
10 Govemment Data Practices
The Cnantee and State must comply with the Minnesota Government Data Practices Act, Minn_ Stat. Ch. 13, as it
applies to all �ata 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.
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If the Grautee receives a request to release the data referred to in tlus Clause, the Grantee must immediately notify the
State. The State will give the Gcantee inshuctions concemiug the release of the data to the requesting party before the
daia is released.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat § 176.181, subd. 2, pertaining to workers' compensation
�n��*�nce 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 employces and any claims made by any
third party as a consequence of any act or omission on the part of these employces 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 grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases,
researcl�, reports, sigas, and similar public norices prepazed by or for the Cttautee individually or jointly with
others, or any subconhactors, with respect to the pmgr�, publications, or services provided resulting from tlus
grant contract.
12,2 Endorsement The Grautee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regazd to its choice-of-law provisions, governs 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 Termination
141 Termination by the State. The State may cancel this gant contract at any time, with or without cause, upon 30
days' written notice to the Grantee. Upon te�m5nation, the Grantee will be entitled to payment, detennined on a
pro rata basis, for services satisfactorily perfoizned.
14.2 Terminauon for Insufficient Funding. The State may immediately tenuivate tkris grant contract if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if fixuding cannot be continued at a
level sufficient to allow for the payment of the services covered here. Temunation must be by written or faac notice
to the Grantee. The State is not obligated to pay for any services that are provided after notice and efFective date of
temiination. However, the Grantee will be enritled 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
gant contract is tennniated 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 funding within a reasonable time of the
State receiving that notice.
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15 Data Disclosure
Under Mn�n. Siat.§ 270.66, and other applicable law, the Gr�ntee consents to disclosure of its social security number,
federal employer tax identification number, and/or Minnesota taac identification number, akeady provided to the State,
to federal and state taY agencies and state personnel involved in the payment of state obligations. These idenrification
numbers may be used in the enforcement of federal and state ta7c laws which could result in acrion requiring the
Grantee to file state �vc retnms and pay delinquent state tax liabilities, if any, or pay other state liabilities.
Sta[e's Authorized Represemative
se P��-�� y.
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EXHIBIT A ���
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Grantee:
Program:
OFFICE OF JUSTICE PROGRAMS
St. Paul Poiice Department
�etnamese Youth Education & Crime Prevention Project
Page 1 of 1
S:\ODP\ODP\OJP Grants & Amendments\GRANTS\Community Crime�2004-00007 St. Paut PD Snmmary.doc
�
EXHIBIT B
Page 1 of2
FEDEF2AL AUDIT REQUIREMENTS
For subrecipients who are state (includes Indian tribes) or locai governments
if the grantee expends total direct and indirect federal assistance of:
� Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a
financial and compliance audit made in accordance with the Single Audit Act of 1984
{Pub{ic Law 98-502) and the federa{ Office of Management and budget (OMB} Circular
A-133. The law and circular provide that the audit shall cover the entire operations of
the grantee government or, at the option of the grantee government, it may cover
departments, age�cies or establishments that received, expended, or othenvise
administered federal financial assistance during the year.
Audits shall be made annually unless the State or local government has, by January 1, 1987, a
constitutional or statutory requirement for less frequent audits. For those governments, the
cognizant agency shall permit biennial audits, covering both years, if the government so
requests. It shall aiso honor requests for biennial audits by governments that have an
administrative policy calling for audits less frequent than annual, but only for fiscal years
beginning before January 1, 1987.
2. For subrecipients who are institutions of higher education, hospitals, or other nonprofit
organizations
If the grantee expends total direct and indirectfederal assistance of $3Q0,000 or more per year,
the grantee agrees to obtain a financial and compliance audit made in accordance with
OMB Circular A-133. The audit must be an organization wide audit, unless it is a
coordinated audit in accorda�ce with OMB Circular A-133. However, when the $300,000 or
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 less frequently than every two years.
3. All audits 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.
4. Audit reports shail state that the audit was pertormed in accordance with the provisions of OMB
Circular A-133 as applicabie.
o�t��
The reporting requirements for audit reports shall be in accordance with the American Institute of
Certified Public Accounts' (AiCPA) Statement on Auditing Standards (SAS) 58, "Reports on
Audited Financial Statements" or SAS 62, "Special Reports," as applicable.
s
EXHIBIT B
Page 2 of 2
The reporting requirements for audit reports on compiiance and internal controls shall be in
accordance with AICPA'S SAS 63, "Compliance Auditing Applicable to Govemmental EMities
and Other Recipients of Governmental Financiai Assistance" and Statement of Position (SOP)
89-6, "Auditors' Reports in Audits of State and Local Governmental Units."
In addition to the audit report, the recipient shall provide comments on the findings and
recommendations in the report, inciuding 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 it is not should accompany the audit report. .
5. 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
financial statements as may be necessaryfor the grantor to compiywith the Single Audit Act and
OMB Circular A-133, as applicable.
6. Grantees of federal financial assistance from subrecipients are also required to compiy with 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 audit reports must be filed with the Office of the State Auditor, Single Audit Division
and with the Department of Public Safety within six months of the grantee's fiscal year end.
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
O�ce of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
9. Recipients expending more than $300,000 in federal funds are to submit one copy of the audit
report within 30 days after issuance to the clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, fndiana 47132
0�-�5
Attn: Single Audit Clearinghouse
'�s�
vizio4 I GREEN
Cluef William
AS�.
266-5588
TOTAL # OF SIGNATURE PAGES
REQUESTED
No' 206026
iNmnuon�
I J ICIiYATTORNEY � �CLERK
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❑Z FT!lWCIFlSENVICE5q0.� �FPKNCIALSERV/ACRG
� t �wwYON�OF0.5515TANT) �RIGHiS
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(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of the attached council resolution accepting a Vietnaznese Youth Educarion and Crime Prevention grant from
the Minnesota Deparhnent of Public Safery, authorizing the City of Saint Paul to enter fnto, and Clrief William Finney
to implement the attached agreement, and establiskring a 2004 financing and spending plan for the grant.
RSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUESTIONS:
Has ihis persoNfirm everworked under a contrac[ forthis department?
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
YES NO
Has this personlfrm ever been a ciy employee?
YES NO
Does this personffrm possess a skill not normally possessed by any wrrent cdy employee�
YES NO
Is this personKrm a targetetl vendoR
YES NO
all yes answers on separate sheet and atlach to green sheet
The City of Saint Paul, Police Department, has received a grant from the Minnesota Department of Public Safety
for the Vietnamese Youth Education and Crime Prevention Project for the period of January 1, 2004, through
December 31, 2005. The goal of this program is to enable Vietnamese youth to decrease or end criminal '
or delinquent acuvrties.
!F
Ability to decrease or end criminal or delinquent acuviues from Vietr�amese youth.
None.
;DISADVANTAGES IF NOT APPROVED
Loss of grant funds available for a program to assist at-risk Vietnaznese youth.
IOUNT OF TRANSACTION $ See attacYiC(S COST/REVENUE BUDGETED (CIRCLE ONE) YES
souRCe State of Minnesota grant ACTIVITY NUMBER 43634154
INFORMATION (EXPWN)
NO
Vietnamese Youth Educaiion & Crime Prevernion Grant.cr gs2003