05-467Council File #
Green Sheet #
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By:
ReFerred To:
Committee:Date:
i
1 WHEREAS, the City of Saint Paul, Police Department, wis6es to enter into a Coverdell Forensic Grant
2 Minnesota Department of Public Safety; and
3
4 WTIEREAS, this grant provides funding for equipment needed to collect evidence at crime scenes; and
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
TFLEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul
to enter into, and Chief John Harrington to implement the attached agreement, which includes an
indemnification clause. A copy ot said agreement is to be kept on file and on record in the Office
of Financial Services.
23
24
25
26
27
28
29
Benanav
Bostrom
Harris
Yeas
Absent
Requested by Department o1':
Thune
Adopted by Council:Date: �� o
Adoption Certified by Council Secretary:
�
Approved
��'�
�
A�p�fuval Recommended by Fipancial Services:
By: � '�`�,
by City Attorney:
By:
for
o S- Ne7
3o���yl.
Coverdell Forensic GraM authonze Jfant agreement.c�.2005
o s - ���
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
._ ��:;.. .,__ ,._ _ _ .__ '�._ :,m:...... ._ ".., ,. _. �._... . .. . ; �
DepartmenNOffice%ouncil: Date Initiated:
PD — PoliceDepartment . 25-APR-05 Green Sheet NO: 3026246
Contact Person 8 Phone• Deoartment SeM To Person Ini[iaUDate
Chief John Harrington �, 0 olice De artme t Police De artment
266-5588 Assign 1 oliceDe artment De artmentDirector
Must BE on Council Agenda by (Da[e): Numbe� 2 i iai e' inancial Services '
For �
Routing 3 i Attome Ci Attorne
Order 4 a r' fli Ma or
5 ouncil Couocil
6 i 1 rk i 1 rk
" 7 oliceDe artment PoliceDe artment
Total # of Sig�ature Pages _(Clip All Locations for Signature)
Action Requested:
Signatures requested on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent, to enter into the
attached agreement with the State of Minnesota.
.
Recommendations: Approve (A) or Rejed (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1. Has this person/frm ever worked under a contract for this department?
CIB Committee Yes No
� Civil Service Commission 2. Has this persoNfirm ever been a ciry employee�
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The State of Minnesota has awarded a Coverdell Forensic Grant to the Ciry of Saint Paul, Police Deparhnent. Authorization is needed
to enter into this gant agreement with the Minnesota Departmern of Public Safety.
AdVanWAes lf ApproVed:
This grant provides funding for updated equipment that will collect evidence at crime scenes more accurately and timely.
DisadvanWpes If Approved:
None. �lQ� 1 Q 20��3
L/I � T 0°'t 1 1 O�IVG L
DisadvanWges If Not Approved:
Inability to use grant funds available for equipment that will improve the quality of evidence used in criminal investigations.
Total Amount of 1�00 CosURevenue Budgeted: REF'EIVED
Transaction:
Fundiny source: State of Minnesota Activity Number: 34095 MAY 1 2 2�05
Financial Information: (,�'�ri,€q'�°3� �iBS�c'�..�Qt� �'�!"§��
�EXP�a��> MAYOR'S OFFICE
�Y�6�
� � � � � _ .�.���nr. � ..
os- N��
STATE OF MINNESOTA
GRANT COlVTRACT`
This grant contract is between the State of Minnesota, acting thmugh its Commissioner of Public Safery. Office of Justice
progr�m� 444 Cedar Street Suite 100 St PauL MN 55101-5100 ("State") and Citv of St Paul. Police Departmern. 367
Grove Street. St Paui. Minnesota 55101 ("Grantee").
Recitals
1 Under Minn. Stat. § 299A.01, Subd 2(4), the State is empowered to enter into this grant contract.
2 Fedetal funds for this gant contract aze provided from the U.S. Department of Justice, Office of Justice Pmgcams for
the purpose of Improved Forensic Services'I7�mugh a Consolidated Plan.
3 The State is in nced of development and implementation of the Minnesota Consolidated State Plan for Forensic Science
Labozatories for the Minuesota Criminal Justice Community.
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: October 1. 2004, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, wlrichever is later. Once this grant contract is fiilly executed, the Grantee may
claim reimbursement for eacpenditures incurred pnrsuant to Clause 4.2 o�tkris grant contract. Reimbursements will
only be made for those expenditures made according to the tenns of this gant contract.
1.2 Expiration date: Sentember 30. 2005, or unril all obligations have been satisfactorily fulfilled, wluchever occurs
first.
13 Surviva[ of Terms. The following clauses sutvive the expira6on or cancellation of this grant contract: 8. Liability;
9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13.Governiug Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
2 Grantee's Duties
2.1 The Gtautee, who is not a state employee, will perform all of the duties and tasks specified in the Grtutee's grant
application for this prograzn, which is incorporated by reference into this grant contract and is on file with the State
and located at 444 Cedaz Street, Suite 100, St. Paul, Minnesota.
22 The Grantee agrees to comply with the fivaucial and administrative requireiuents set forth in the current edition of
the U.S. Department of 7ustice, Office of Sustice Programs Financial Guide.
2.3 The Grantce assures that federal funds made available under this gant contract will not be used to supplant state or
local funds but will be used to increase the amounts of such funds that would, in absence of federal funds, be made
available for crimival justice activities.
2.4 The Grantee assures that it uses geneially accepted laboratory practices and procedures as established by
accrediting organizations or apgropriate certifyiug bodies.
2.5 The Grantee will provide necessary training to their employees conceming the use of equipment purchased through
this grant contract, and shall not pemut the equipment to be tampered with or operated by individuals who are not
properly tzained. The Grautee assumes total responsibility of the proper handling, use and maintenance of the
equipment and will bear all costs of main.tenance, repair and/or replacement related to equipment. Equipment
purchased through this graut contract is the property of the Crrautee
2.6 The Grantee will submit written progress reports to the State on a quarterly basis and submitted within 30 days
after the end of the quarter. Quarterly progress reports must be subruitted in a form and mamier prescribed by the
State. Other require�ments, if necessary, will be given to the Grantee in writing by the State's Authorized
Representative.
2.7 The Grantee will submit a Final Acuvities Report in a form and manuer prescribed by the State no later than 30
days after the Expiration date of this grant contract.
2.8 The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscrimination
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
NF3IA non-stace agency (03/OS)
NaUOnal Forensic Sciences Improvemen[ OS
OIP Giant Number 2005-NFSIA-00410
os - y��
Rehabilitation Act of 1973, as amended; Subtifle A, Title II of the-Americans with Disabilities Act (ADA) (1990);
Title IX of the Education Amendments of 1972; the Age Disc "r�ation Act of 1975; the Department of Justice
Non-Dis 'crination Regulations 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations
on disability ds 'm;nation, 28 CFR Part 35 and Part 39. In the event a Federal or State court or Federal or State
administrative agency make a Snding of discrimination after a due process hearing ori the grounds of race, color,
religion, nafional origin, sex, or disability against the Grantee or its subconhactors, the Grantee will forwazd a copy
of the finding to the State. The Grantee will provide an Equai Employment Opportuuity Plan if required to
maintain one, where the application is for $500,000 or more.
2.9 This gant contract is subject to all applicable federal and state statutes and regulations, including, but not limited
to the following:
(1) 28 CFR Part 22, Confidentiality of Identifiable Research and Statistical Information.
(2) 28 CFR Part 46, Protection of Human Subjects.
(3) 37 CFR Part 401, Patents and Intellectual Property.
2.10 The Grantee agcees that the U.S. Department of Justice shall have a nonexclusive, nonhansferable, irrevocable,
license to reproduce, publish, or othenvise use or allow others to use for Federal govemment purposes: 1) the
copyright in any work developed under this grant contract and 2) any rights of copyright to which the Grantee
purchases ownership under this grant contract.
2.11 The Grantee agrees to maintain compliance with the National Environmental Policy Act (NEPA) 42 U.S.C. 4321
et seq. by signing a separate Protected Resource Checklist fomi wlrich is on file at 444 Cedar Street, Suite 100, St
Paul, Minnesota, 55101.
2.12 The Grwtee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget
Cireulaz A-133. �'ederal Audit Requirements is attached and incorporated and made part of tlus gant contraet.
See Exhibit B.
3 Time
The Grantee must comply with all the rime requirements described in this grant contract. In the perfomiance 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 Gcautee will be reimbursed an amount not to exceed $10.000.00 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 $200.00 or 10%, whichever is higher, from the
approved budget lines in Exhibit A. The revised budget must be approved by State's Authorized
Representarive before any expenditure 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 tlus grant contract will be paid in ffie same manner and in no greater amount than
provided in the cutrent "Commissioner's Plad' promulgated by the commissioner of Employee Relations
which is incoroorated into this gz-ant conhact by reference. The Grautee will not be reimbursed for havel and
subsistence e7cpenses 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 dete+��n;ng Whether travel is out of state.
(3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: 0 000.00.
(4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the C,rantee
under this grant contract will not exceed 10 000.00.
$10.000.00 is available from October 1. 2004 throueh September 30. 2005. Funds not expended by the C,rantee
for this prou_ram by September 30. 2005 will be canceled.
4.2 Fiseal Requiremenu. Grantee shall repor[ to the State as specified in the Office of Justice Program's Graut
Manual.
(1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each
NFSIP, non-state agency (03/OS)
National Folensic Sciences Improvement05
OlP Grunt Number2005-NFSIA-004I0
os-���
source of funding received. Grantee shall comply with the cnrrent Office of Justice Prograni's Grant Manual.
No funds will be disbursed for aetiviries not identified in thegoa}s arid objectives or work plan submitted on
the gant application forms prescribed by the State. No £unds from a specific funding source will be disbux�ed
for activities that do not med the requirements of that funding_source.
(2) Budget Revisions. Grantee shall submit a written budget revision request to the 3tate's Authorized
Representative before any expenditure can be made based on the revised budget. Submission and approval of
a budget amendment is necessary if a) a line item will deviate by $200 or 10%, wluchever is lugher, from the
approved budget, or b) a new line item that was not part of the approved budget will be created.
(3) Closeout. Grautee shall have unti145 days after the Expiration date of tkris grant contract, to submit a report of
all funds and interest received and disbursed. If a report is not submitted witbin this time period, expenses
claimed on the report may be disallowed and the State may request a refund of those monies from the Grantee.
(4) Records. Giantee shall retain all financial records for a minimum of six (6) years after the date of submission
of the final financial status report, or until completion of an audit wiucfi has wmmenced before the expiration
of ttris six-year period, or until any audit findings and/or recommendations from prior audit(s) have been
resolved between the Cttantee and State, whichever is later.
43 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 submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at
least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for
services satisfactorily performed.
Expenditures for each state fiscal year of tlus giant contract must be for services performed within the
applicable state 5scal year. Every state fiscal year begins on July 1 and ends on June 30. The final invoice
pertainiug to each state fiscal year of this erant conhact must be received by Julv 31 of that calendar vear.
Reimbursements from the next fiscal year(sl may commence on or after July 1 of that calendar vear. The final
invoice must be received no later than 45 davs after the Expiration date of this grant contract.
(2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract
will be made from federal funds obtaiued by the State through CFDA number 16.560 of the Omnibus Crime
Control and Safe Streets Act of 1968 Section 201 as amended and the Anri-Dm Abuse Act of 1988. Public
Law 100-690. The Grautee is responsible for compliance with all federal requirements imposed on these funds
and accepts full Snaucial responsibility for any requirements imposed by the Grautee's failure to comply with
federal reqnirements.
5 ConditionsofPayment
All services provided by the Grautee under this grant conhact 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, ordivances, rules, and regulations. The Grautee 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 Leah Lopez Grants Specialist Intermediate. Jusrice and Communitv
Crants 444 Cedar Street Suite 100. St. Paul, Minnesota 55101. (6511284-3334, or his/her successor, and has the
responsibility to monitor the Grantee's perfonnance and the authority W accept the services provided under tlus
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 John Mazk HarrinEton Clilef of Police St Paul Police Department.
367 Grove Street St Paul Minnesota 55101 1651) 266-5588. If the Grautee's Authorized Representative changes
at any time during ttris gant wntract, the Grantee must immediately notify the State.
NFSIA noo-staze agency (03/OS)
National Foreasic Sciences Lnprovemelrt OS
OIP Grmt Number 2005-NFSL4-00410
, . . os- �/��
Assignment, Amendments, Waiver, and Grant Contract Connplefe
71 Assignment The Grantee may neither assign nor transfer auy rights or obligations under this grant coniract
without the prior consent of the State and a fully executed tlssignment Agreement, executed and approved by
the same parties who c�ecuted and approved this gant contiact, or their successors in office.
7.2 Amendments. Any amendment to this grant conhact 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
theirsuccessorsin office.
73 Waiver. If the State fails to enforce any pmvision bf this grant cont�act, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete. T'his gtant contract contains all negoriations and agreements between the State and
the Grantee. No other understanding regazding this gcant contraat, whether written or oral, may be used to
bind either pazty.
Liability
The Grautee must indemnify, save, and hold the State, its agents, and employees hannless &om any clauns or
causes of action, including attomey's fces incurred by the State, arising from the perfonnauce of tlus gant contract
by the Grantee or the Grantee's agents or empioyees. This clause will not be construed to baz any legal remedies
the Grautee may have for the State's failure to fulfill its obligations under this gant contract.
9 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 examination by the State and/or the State Auditor or
I.egislafive Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
10 Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this grant contract, and as it applies to all data created, collected,
received, stored, used, mauitained, or disseminated 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 Grautee or the State.
If the Grantee receives a request to release the data referred to in tlus Clause, the Grautee must immediately notify
the State. The State will give the Grantee instructions conceming the release of the data to the requesting party
before the data is released.
11 Workers' Compensation
The Cnantee certifies that it is in wmpliance 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' Compensation 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 are in no
way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regazding the subject matter of this 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 af this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similaz public notices prepazed by or for the Grantee individually or
joindy with others, or any subcontractors, with respect to the progi�un, publications, or services provided
resulting from this grant contract. Any publications (written, visual, or sound) — excluding press releases and
newsletters — shall contain the following statement: "This project was supported by Grant No. 2004-DN-BX-
0160 awazded by the National Insritute of 7ustice, Office of Justice Progi�uns, US Deparhnent of Justice.
Points of view in tlus document are those of the author and do not necessarily represent the official position
or policies of the US Depariment of Justice."
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
NFSiA �n-state agency (03/OS)
National Forensic Sciences Improvemeni OS
OJP Gian[ Nvmber 2005-7VFSIA-00410
OS- �G7
13 Governing Law, Jurisdicfion, and Venne
Minnesota law, wifhout regard to its choice-of-law provisions, goveins. this grant contract. Venue for all legal
proccedings out of tlus grant cdnt�act, or its breach, must be in ttie appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termiaation 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 entifled to payment,
determined on a pro rata basis, for services satisfactorily performed.
14.2 Termination by the C'irantee The Grantee may request termination upon 30 day's notice to the State's
Authorized Agent. Upon termination the Grantee is entitled to payment for seivices actually performed and
agrees to retum any unused funds to the State.
14.3 Termination for Insufficient Funding. The State may immediately temunate tlus grant contract if it does not
obtain funding from the Minnesota I,egislature, or other funding source; or if funding cannot be continued at
a level sufficient to allow for the payment of the services covered here. Terminarion must be by written or
fax notice to the Grantee. The State is not obligated to pay for any services that aze pmvided after notice and
effective date of tennination. However, the Grantee will be entitled to payment, determined 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 conhact is termivated because of the decision of the Minnesota Legisiature,
or other funding source, not to appropriate funds. The State must provide the Gr�utee norice of the lack of
funding within a reasonable time of the State receiving that norice.
15 Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Grautee consents to disclosure of its social security
number, federal employer tas 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 tax laws which could result in
action reqniriug the Grantee to file state tax retmns and pay delinquent state tax liabilifies, if any, or pay other state
liabilities.
REMAINDER OF PAGE IN'I'ENTIONALLY LEFT BLANK.
NFSIA noo-state agency (03/OS)
Naliona( Forensic Sciences Smprovement OS
OJP Grant Number 2005-NFSIA-00410
i. ENCUMBRANCE VERIFICATION
Individval certifies �hat fiuuir hwe been encumbe�ed ar
requ'ved by Mbu� Stat ,¢y 16A./5 mtd I6CO5.
Signed:
Uatz
Grant Coatract No.: 9300-1508/2005-NFSIA-00410
2. GRANTEE
7Y+e Grmitee cznifies that the appropriate pessan(s)
have execvted the grmu mxlract art behalfofthe Grmrtee as
required by apPlicable a�tic7es, bylaws. resolutions, ar ordinm+ces.
By.
Title
Date
By.
Tifle
Dak
$Y�
Titl
DatE
B9�
Titl
D3CE
3. STA'F� AGENCY
BY . . . .
Tide:
Da[e:'� , - -
OS- ���
(with delegated �tlarity)
Distribufiou:
DPS/FAS
Graotee
STate's Authorized Representative
NFSIA �o-state agency (03/OS)
National Forensic Sciences Improvement OS
OlP Gxan[Number200S-NFSIA-00410 6
��.
��� �
�;
OFFICE OF JUSTICE PROGRAMS
Grantee: St Paul Police Department �� �
Grant Number. 2005-NFSIA-00410 �
Prog�am Cprp�One�t: Forensic Laboretory Improvement Coverclell Forensic Grant
Budget Categosy Award
Equipment over $5,000 $10,000.00
Totai $10,000.00
' ' ` . , . — FXHIRIT A