04-823Council File #
Green Sheet #
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By:
Dy- k'��
206673 �
�1
Referred Ta � Committee:Date:
1 WHEREAS, the City of St. Paul, Potice Department, has been awarded an Alternate Enforcement
2 grant to monitor and conduct surveillance on liquor establishments surrounding the campuses of
3 Hamkne and St. Thomas University for the period of July 1, 2004 through May 31, 2005; and
4
5 BE TP RESOLVED, that the St. Paul City Council accepts this grant and authorizes the City of
6 St. Paul to enter into, and Chief John Harrington to implement the attached agreement with the
7 Minnesota Department of Public Safety, which includes an indemnification clause. A copy of said
8 agreement is to kept on Sle and on record in the Office of Financial Services.
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Requested by Department of:
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by City
Adopted by Council: Date�
Adoption Certified by Council
B � �
Approved by r: Date:
By: �ee-��
Minnesota Department of Pi
Alternate
�
.2004
for
Financial Services
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STATE OF MIlVNESOTA
ANNUAL PLAN GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Alcohol &
Gambline Enforcement Division. 444 Cedaz Sh�eet Suite 133 Town Squaze, St. Paul. MN 55101-5133 ("State") and the
Citv of St. PauL St. Paul Police Depaztment, 367 Grove Street St Paul MN ("Grantee").
Recitals
1 Under Minn. Stat. § 299A.01. Subd 2(41 the State is empowered to enter into this grant contract.
2 Federal Funds for this grant contract aze provided under the Office of Juvenile Justice and Delinquency Prevention,
Office of Justice Programs, Department of Justice to enforce underage drinking laws by prohibiting the sale or
consumption of alcoholic beverages by minors.
3 The State is in need of alternate enforcement activities by local jurisdictions to address underage persons in possession
of alcohol.
4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: Julv 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 unril this contract is fully executed and the
Grantee has 6een notified by the State's Authorized Representative to begin the work.
1.2 Ezpiration date: Mav 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 this grant contract: 8. Liability,
9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
Grantee's Duties
The Grantee, who is not a state employee, will:
2.1 Conduct independent investigations of adult providers of alcohol and underage use of alcohol as specified in
Attachment A, which is attached and incorporated into this grant coniract. The approved invesfigation is for
concenh�ation on parties in the azea of Hamline and St. Thomas Universities and continued enforcement in the azea
of fake ID.
2.2 Report fmdings back to the State using the State approved reporting form.
23 Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty
pursuant to Minn. Stat. § 340A.415.
3 Time
The Grantee must comply with atl the time requirements described in this grant contract. In the performance of this
grant 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 Grantee will be reimbursed an amount not to exceed $ 2,000.00, for reimbursement of
officer actual overtirne includin�ee benefits for conductin¢ inde�endent invesri¢arions of adult providers
of alcohol and underaQe use of alcohol under this �ro�
(2) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $2,000.00. Two Thousand Dollars and no/100's dollars.
4.2 Payment
(1) Invoices. The State will promptly pay the Grantee after the C'n�autee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
FY05 AP Investigafion OS/04
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Invoices must be submitted timely and according to the following schedule:
Itemized invoice and report must be filed together, in arreazs, and within 30 days of the period covered by
the invoice for work satisfactorily performed using the form titled "Grant Program Adult Provider
Investigation Invoice for Payment Form" provided by the State and attached to this grant contract Final
invoice and report must be received no later than June 30, 2005.
(2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant conhact
will be made from federal funds obtained by the State through Tifle Juvenile Justice & Delinquencv
Prevention CFDA number 16.727 of the Deoartinent of Justice Act of 1974 Sec. 261,262 Public law 93-415
and amendments thereto. The Cnantee 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.
Conditions of Payment
All services provided by the Grantee 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 rea lations. 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.
Authorized Representative
The State's Authorized Representative is Scott Stewart, Project Coordinator. 444 Cedar Street. Suite 133 Town
Squaze, St. Paul MN 55101-5133, or his successor, and has the responsibility to monitor the Grantee's
performance 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 submitted for payment.
The Grantee's Authorized Representative is William Finnev. Chief, St. Paul Police De�utment 367 Grove Street
St. Paul, MN 651-266-5603. If the C'rrantee's Authorized Representative changes at any time during this grant
contract, the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
71 Assignmen� The Grantee may neither assign nor transfer any rights or obligafions under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved 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 unfil 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 negoriafions 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 party.
Liability
The Grantee 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 performance of this grant contract
by the Cn�antee 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 obligations under this grant contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Cn•antee's books, records, documents, and accounting procedures and
pracfices relevant to this grant contract aze subject to examination by the State and/or the State Auditor or
I,egislative Auditor, as appropriate, for a minimum of six yeazs from the end of this grant contract.
FY05 AP Invesligazion OS/04
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Grantee will aiso comply with all federal audit requirements specified in Attachment B, which is attached and
incorporated into this grant contract.
10 Govemment Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Mian. Stat. Ch. 13, as it
applies to all data provided by the State under this grant con4act, 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
Miun. 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 retease the daha referred to in ttus Ctause, the Cn•autee must immediate�y notify
the State. The State will give the Crrantee instructions concerning the release of the data to the requesting parry
before the data is released.
11 Workers' Compensafion
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 that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and any
claims made by any third parry as a consequence of any act or omission on the part of these employees aze in no
way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publiciTy regazding 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
Reptesentative. For purposes of this provision, publicity includes norices, informational pamphlets, press
releases, reseazch, reports, signs, and similaz public notices prepared 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 gant contract.
12.2 Endorsement. The Grantee 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 g�ant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
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 termination, the Grantee will be entitled to payment, determined
on a pro rata basis, for services satisfactorily performed.
14.2 Termination for Znsufficient Funding. The State may immediately terminate this grant contract if it does
not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. Termination must be by written or
fas notice to the Grantee. The State is not obligated to pay for any services that aze provided after norice and
effective date of termination. However, the Grantee will be entitled to payment, determiued on a pro rata basis,
for services satisfactorily performed to the extent that funds are available. The State will not be assessed any
penalty if the grant contract is ternunated because of the decision of the Minnesota Legislature, or other
fundittg so�e, not to appropriate funds. The State must provide the Graatee notice of the lack of funding
within a reasonable time of the State receiving that notice.
15 DataDisclosure
Under Minn. Stat.§ 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer ta:c identification nuznber, and(or Minnesota ta�c identification number, already provided
to the State, to federal and state ta� agencies and state personnel involved in the payment of state obligations.
FY05 AP Investigation OS/04
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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 taz returus and pay delinquent state taY liabilities, if any, or pay other state
liabilities.
1. EN CE VERIFICATION
Individual tha[fwids have been encrm�bered as
requved by Mmn fat §g" 16A.15 mid I6G O5.
Cionrrl� ��
Date:
Annual Plan Grant Contract No.
2. GRANTEE
The Grantee cerafres that the appropriate person(sJ
have ececuted the grant coMact on behalf of the Grantee as
requved by applicable m�ticles, bylaws, resolutions, or a>dinances.
By:
Tifle:
Date:
By: _
Tifle:
Date:
3. STATE AGENCY
Bv:
(with delegated ai
Title:
Date:
Disiribution: \
DPS/FAS
Cnantee
State's Authorized Representffiive
(lrb�- ��
FY05 AP Investigaliou OS/04
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4
I ' �� DEPARTMENT/OFFICEICOUNCIL DATE INITIATED
° roii�e nep�ent �n6ioa GREEN SHEET No. ` 206673
A P E INRIlWDATE INRWVDATE
Chief 7ollIIHazrillgtpII 266-5588 1 evna�exro�rsECrox $ mcouNCa
MUS7 BE ON COUNqL AGENDA BY (DATE)
Please process ASAP ❑3 �,varrow+�r ❑an�c
, c ,r�nnrvCIALSERVICESDIR_ �FPJRNCIALSEftVIALLTG
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, -e �mnTOR�ORR556TAH1) ❑HUMANRIGHTS
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TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE)
AC710N REQUESTED
Signatures requested on the attached council resolurion accepting a grant from the NIinnesota Depaztment of Public Safety,
Alcohol and Gambling Enfotcement Division, and authorizing the City of St. Paul, Police Department, to enter into, and
Chief John Harrington to implement the attached agreement with the Minnesota Department of Public Safety.
��, RECOMMENDATIONApproVe(A)OfRejeCt(R) PERSONALSERVICECONTRAC'f5MU5TANSWERTNEFOLLOWINGQUE5770NS:
1 Hasthisperso�rmeverworkedunderacontractforthistlepartment�
PLANNING COMMISSION YES NO
CIB COMMITTEE 2. Has this person/firm ever been a city employee�
CIVIL SERVICE COMMISSION YES NO
3. Does this person/frm possess a skill not nortnally possessed by any curtent city employee�
YES NO
4. Is ihis person/frm a targetetl vendoR
YES NO
Explain all yes answers on separate sheet antl attach to green sheet
INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WI1Y)
The Minnesota Deparhnent of Public Safety, Alcohol and Gambling Enforcement Division, has awarded a gant
to the City of St. Paul, Po7ice Depaitinent, for altemate enforcement to monitor and conduct surveillance on liquor
establishments surrounding the Hamline and St. Thomas University casnpuses for the period July 1, 2004 through
May 31, 2005. Authorization is needed to accept this grant, enter into the grant agreement with the Minnesota
Deparhnent of Public Safety, and implement the grant agreement.
'ADVANTAGESIFAPPROVED
Ability to accept grant funds awarded to reduce underage drinlcing in the areas surrounding the campuses of Haznline
and St, Thomas University.
DISADVANTAGESIFAPPROVED �
None. - -
—`-- - -- - � e r o
DISADVANTAGES IF NOT APPROVED .>'� "' '
Lost opportuniry to accept grant funds available. ��k?�?'Fg" '�'^'��"° � E�� �€�� ����
AUG �. 7 ZDl3�
TOTAL AMOUNi OF TRANSAC710N $ 2,000 . COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE StHtO Of 1VIlIln050t3 g1'allt ACTIVI7Y NUMBER 436-34148
FINANCIAL INFORMATiC�N (EXPLAIN) �
oN-�a3� uS
MNDeptPublicSafetyAltemateEnforcemertageement cr.gs2004
o y- 8�-3
ANNUAL PLAN GRANT CONTRACT
ENCUMBRANCE WORKSHEET
� �` ;• ,:
PO #:
����
Annual Plan Line #
State Accountin Information:
Agency: P07
Total Amount of Contract: �2,���
Commodity Code:
Object Code:5B0�
Amount: $2,000
Fiscal Yeaz:2��$
Commodity Code:
Object Code:
Amount: $
Commodity Code:
Object Code:
Amount: $
Accountin Distribufion 1: Accountin Distribution 2: Accountin Distribution 3:
Fmmd:300 Fund: Fund:
Org/Sub.9119 Org/Sub. OrgJSub.
Appr.9O9 Appr. Appr.
Acrivity Activity ActiviTy �
Rept Catg. � I�� Rept Catg. Rept. Catg.
Amount: $2,000 Amount: $ Amount: $
Contract Start Date: 07-01-04
Expiration Date: OS-31-OS
ContractorName and Address:
City of St. Paul
St. Paul Police Department
367 Grove Street
St. Paul, MN 55101
Soa Sec. or Federal Employer I.D. No. 41-6005521
Minnesota Taz I.D. No. (if applicable): 80250956
Obiect Codes
SA00 Counties
SB00 Cities
SC00 School Districts
SD00 Higher Educa6on
SE00 Other Govemment
SF00 Inter-Agency
SG00 Non-govemment
SH00 Individual
This Page Contains Private Data
Do Not Circulate
DO NOT REPRODUCE
OR DISTffiBUTE EXTERNALLY WITHOUT EXPRESS
WRITTEN PERIWII5SION OF THE CONTRACTOR
Vendor Number:2�041711$-��.
Amount of Contract First FY: $2,��0
yr6Encumbwrksheet, rev.9/02
o�- 8a3
�1 �tiF: ">µ.
4
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DtITE:
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ATTACHMENT "A"
�t�r�a�e ��€�'�������t �}���i�#i€�r
Departmeat Name: Saint Paul P�lice De�artment
naaress: 3b7 Grove St. St. paul Mn. 55101
Depazttnent Phone Number: 651-266-5603
I Chicf i.aw �nforcemettt Officer Namz: Chief '�i11i2LT1 K_ j�iilriey
Grant xunding Coorclinator Name: Sgt. C'ierald Vick
Grant Coordinator Phone N�unber: 651-266-5795
IFederal Employer ID #: 416005521 Mn. Tax Tb #: OQ$025095ti
:4nticipated date(s) when
1.) September 20a4
2.) Dztes to be determined if
_} Gtaiit iS approved.
Enforcement activities will be conducted:
Describe fy�e of Alternate Enforcement Pianned: Monitor and conduot surveillance on liquor
establishments surroun�in� fhe campuses of FIamline and St. Thomas Universities_ Our efforts
will concentratc on undert3gc part'tes purchasing atcohol wich Pake ID's and at5o purCllasulg
alcohol via parties who are of age to purchase,
l�umber of Officers needed for each ActiviCy: ¢ Officers or 3 Officers and 1 checker.
Numher of Tota1 Hours for Activit�: 16 for each activity
information ot' comments: VJe would alsa concentrate, onr efforts at the beginning
of thc Schooi yearto monitor undoragc parties which are held vu ��npus, We request
$2,000.00 @ollars for these actiwities.
c•d roonnn�...�. --- _--..--- -
o�- �a �
DATE: OS-13-04
#6
DepartmentName: Saint Paul Police
� 2 �D
i
Deparnnent Address: 367 Crrove St. St. Paul Mn 55101
Phone Number: 651-266-5603
Chief Law Enforcement Officer Name: Chief William K Finney
Grant Funding Coordinator Name: Sgt. Gerald Vick
Grant Coordinator Phone Number: 651-266-5795
Employer ID#: 416005521 Mn. Tas ID#: 0080250956
Year
K� l�3/aY
8�-
Anticipafed date(s) when Altemate Enforcement acfivities will be conducted:
1.)
2.) Dates to be detem�ined
3.) Once Crrant is appioved
Describe type of Alternaie Enforcement Planned: Ident Establishments where adults are buying
for underage Kids.
of Officers needed foz each Activity: 4 Officers or 3 Officers and 1 checker
Number of Total Hours for Activity: 16
Additional information or comments: There aze a number of Liquor stores where adults will
purchase alcohol for underage kids. Investigate bazs who allow 18 yeaz old pariies in and to
detem�ine if under 21 parties can purchase alcohoi. -
�-Sa�
Exhibit B, page 1 of 2
FEDERAL AUDIT REQUIREMENTS
For subrecipients that are state or local qovemments non-profit orqanizations 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-specific 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 govemment has, by January 1, 1987, a
constitutional or statutory requirement for less frequent audits. For those governments, the federal
cognizant agency shall permit biennial audits, covering both years, ifthe govemment so requests. It shall
aiso honor requests for biennial audits by governments that have an administrative policy cailing for
audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to
January 1, 1987.
For subrecipients that are institutions of hiqher education or hospitals
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 regulations.
2. The audit shall be made by an independent auditor. An indepe�dent auditor is a state or locai
government auditor or a public accountant who meets the independence standards specified in the
General Accounting Office's "Standards forAudit 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
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 Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in
1986. The federal government has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the findings and recommendations
in the report, including a plan for carrective action taken or planned and comments on the status of
corrective action taken on priorfindings. 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 financial statements
as may be necessary for the grantorto complywith the Single AuditActAmendments of 1996 and OMB
Circular A-133.
5. Grantees of federal financial assistance from subrecipients are also required to comply with the Sirtgle
Audit Act and OMB Circular A-133.
(04/03)
0�-8�3
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 suppor#the schedule of federal assistance for at least four
years.
8. Required audit reports must be filed with the State Auditor's Office Sinqle Audit Division, and
with federal and state aqencies providina federal assistance and the Department of Public Safetv
within six months of the qrantee's fiscal vear end.
OMB CircularA-133 requires recipients of more than $300,000 in federal funds to submit one copy ofthe
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 report should be addressed to:
Minnesota Department of Pubiic Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
(04/03)