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05-507Council File # �' � Green Sheet # 3026595 Presented By: Referred To: Committee:Date: �� BE IT RESOLVED, that the City Council authorizes the City of St. Paul, Police DepaMment to enter into the attached amendment to agreement 02-12764-G with the State of Minnesota, which includes an indemni5cation clause. A copy of said agreement is to be kept on file and on record in tde Office of Financial Services. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Thune RESOLUTION OF SAINT PAUL, MINNESOTA ✓ Adopted by Council: Date: �Ju,n,Z $, d Adoption Certi�i"'t�e by Council Secretary: By: Approved b B Strike Force .✓ aybr: Date: . .���� to Agreement.cr2005 Requested by Department of: � Mayor for Fovfn App�d by City Attorn�pfJ Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � (�1-�i'� DepartrneM/office/council: � Datelnitiated: v✓ yv pD — PoticeneParm�ent 2s-mwv-os Green Sheet NO: 3026595 CoMact Person 8 Pho�: �nartrneM Sent To Person InRial/Date Chief John HartingMn � 0 olice e arto ot Police De rtmeot 2665588 Assign 1 olice De artmeot De artmen[ Director � Must Be on Council Agenda by (Date): ' Number Z � p rue i Attome Fof 3 a or's Office Ma or/Assistaot Rou[ing Ordef 4 ouocil Council 5 i Clerk Gti Clerk 6 lice De artmen Police De ar[ment Total # of Signature Pages 1 (Clip AII Locations for Signature) Action Requested: Signatures requested on the attached council resolution authorizing the attached amendment to agreement #02-12764-G between the State of Minnesota and th� City of St. Paul, Potice Depardnent. ;' Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission t. Has this person�rm ever worked under a contract tor this department? CIB Committee Yes No Civil Service Commission � 2. Has this person/firm ever been a city 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 separate sheet and attach to green sheet Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why�: Agreement #02-12764-G is being amended for additional Suike Force grant funds. Advantages If Approved: Additional grant funds for the statewide commander of the Strike Force. RECEI DisadvantapeslfApproved: Mi�� � 6 2��5 None. �lIAYOR'S OFFICE Disadvantages If Not Approved: . Loss of additional grant fixnds available which would resuit in more costs absorbed by the city. Total Amount of see attached CwURevenue Budgeted: Transaction: Fundinq sourcec State of Minnesota Activiry Number. 34155 Financial Information: (Facplain) -. " � C�J"� AMENDMENT NO. 2 TO GRANT CONTRACT # 6000-503/2003-00122 Originai Contract Effective date: Julv 1, 2003 Total Contract Amount: $234.173.00 Original Conlract Expirarion date: June 30. 2004 Original Coniract Amount: $129333.00 Amended Contract Expiration date: June 30. 2005 Previous Amendment(s) Total: $ 64.524.00 Current Amendment Amount: $40316.00 This amendment is between the State of Minnesota, acting through its Commissioner of Public Safery, Office of 7ustice Programs, 444 Cedar Street, Suite 100, St. Paul, MN 55101 ("State") and City of St. Paul, Police Deparhnent, 367 Grove Street, St. Paul, MN 55101 ("Grantee"). Recitals 1 The State has a grant contract with the Grantee identified as Grant Contract 6000-503/2003-00122 for Criminal Gang Strike Force grants. 2 The State and the Grantee have agreed that additional fixnding is necessary for the satisfactory completion of this project. 3 The State and the Grantee are willing to amend the Original Grant Contract and all previous amendments as stated below. Gra�t Contract Amendment In this Amendment deZeted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Clause 4, "Consideration and PaymenY', Section 4.1, Paragraph (1) and (3) of the Original Grant Contract and Amendment No. 1 are amended as follows: (1) Compensation. The Grantee will be reimbursed up to Q' °Z,�.� $234,173.00 according to the breakdown of costs contained in Revised Exhibit A, which is attached and incotporated into this grant contract. The Grantee will submit a revised budget for any deviation of 10% or more between approved budget lines in Revised Exhibit A. The revised budget must be approved by the State's Authorized Representative before any expenditures can be made based on the revised budget. (3) Total Obligation. The total obligation of the State for al] compensation and reimbursements to the Grantee under this grant contract will not exceed "' 02 ,� ° �o $234.173.00. Except as amended herein, the terms and conditions of the Original Cnant Contract and all previous amendments remain in full force and effect. By execution of this amendment, the terms and conditions of the Original Crrant Contract and all previous amendments are expressly restated and reaffirmed. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Grant Amendment 02/04 ��1► • AMENDMENT NO. 2 TO GRANT CONTRACT # 6000-503/2003-00122 1. STATE ENCUMBRANCE VERIFiCATION 3. STATE AGENCY Individual cer[ifies that fundr have been encumbered as required by Mia� tat §§ 16A.15 and I6C.05. Signed: �'� BS• � Date: Title Director / (with delegated authority) Grant Contract No.: 6000-50 003-00122 Date: 2. GRANTEE The Crantee cerHfies that tke appropriaie have executed the grant contract on behal required by app[icable artic[es, bylaws, re: s �sy: Title: Chief of Police Title: Date: By: Title: Date: By: Title: Date: By: Title: Date: Agency ` Grantee State's Authorized Representative �1 v 4- �v � S�� � � �� � � Grant Amendment 02/04 2 REVISED EXHIBIT A�_,� � oF pU C rlue �S�\� �� �I �� �. ���� ST9 �OFMINN� OSP Grantee: Program: OFFICE OF JUSTICE PROGRAMS � St Paul Police Department Gang Strike Force Commander Page I of I AMENDMENT:.�.1 �O GRANT CONTRACT # 6000-503,_. 03-00122 �_ �� Original Contract Effective date: Julv l. 2003 Total Contract Amount: $193.857.00 Origiiral Contract Expiration date: June 30. 2004 Original Contract Amount: $129,333.00 Amended Contract Expiration date: June 30, 2005 Previous Amendment(s) Total: $N/A C�urent Amendment Amount: $64.524.00 This amendment is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Programs, 444 Cedaz Street, Suite 100, St. Paul, MN 55101 ("State") and City of St. Paul, Police Deparhnent, � nn c7,...,..,.t� o«..,.,.. n 367 Grove Street, St. Paul, MN 55101 ("Grantee"). Recitals The State has a grant contract with the Grantee identified as Grant Contract 6000-SQ3/2003-00122 for Criminal Gang Strike Force grants. The State and the Grantee have agreed that additional time and funding is necessary for the satisfactory completion of this project. The State and the Grantee aze willing to amend the Original Grant Contract as stated below. Grant Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Clause 1, "Term of Grant ContracY', Section 1.2, of the Original Grant Contract is amended as follows: 1 Term of Grant Contrdct 1.2 Expiration date: T°-°'�a�^w-: June 30, 2005, or until all obligations have been satisfactorily fulfilled, whichever occurs fust. REVISION 2. Clause 4, "Consideration and PaymenY', Section 4.1, Paragraph (1) and (3) of the Original Grant Contract is amended as follows: 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grautee under this grant contract as follows: (1) Compensation. The ('�rantee will be reimbursed up to "' ^",�w $193.857.00 according to the breakdown of costs contained in Revised Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit a revised budget for any deviation of 10% or more between approved budget lines in Revised Exhibit A. The revised budget must be approved by the State's Authorized Representative before any expenditures can be made based on the revised budget. (3) Total Obtigatian. The total obligation of the State for all compensation and reunbursements to the Graxitee under this grant contract will not exceed "' ^� ",�:w $193.857.00. The Original Grant Contract and any previous amendments aze incorporated into this amendment by reference. Grant Amendment 02/04 AMENDMENT n 1'FO GRANT CONTRACT # 6000-50_ 1. STATE ENCUMBRANCE VERIFICATION lnQividual rertifies that fuads have been encumbered as requ'ued by Mirta Stat § 76A.15 and 16G05. h / SIa11Cd: / -� IIaYe: /�/ � / GT Grant Contract No.: 6000-503/2003-Q0122 2. GRANTEE The Grarttee certifies that the appropriate person(s) have rxecuted the gr¢nt rontract on behalf af the Grarctee as requ'ved by yfrplicable articles, (�laws, resolut�bns, nr nrdinancer. By: Title: Date: By: Title: Date: �/sl n .�.�1 !� City Attomey �� - � 3. STATE AGENCY $y" Title: Date: ,o�-oo�Z2 �_ By: � r e� D'uector, OFS ' ate: � l ��J'� y By: Date• �L�-� Distribution: Agency Grantee State's Authoriud Representafive Grant Amendment 02104 R EVISED EXHIBIT A e �T OF PU6Ci %P�� C i 1 'T'. v�C ' T -t ` j 1 'ro � �� �' Y P � Grantee: Program: OFFICE OF JUSTICE PROGRAMS �:� �,-50� £ � � � � St Paul Police Department Ganq Strike Force Commander Page 1 of 1 S:\ODP\ODP\OJP Granu & Amendments�AMENDMENTS\GSF�2003-00122 St Paul PD Revised Summary.doc (� °� — 1;L STATE OF NIINNESOTA GRANT CONTRACT (c� `T� Cr �J' � This grant contract is betcveen the State of Minnesota, acting through its Commissioner of Pubfic Safe� Office of Justice Proerams, Office of Dru Polic and Violence Preveation 444 Cedaz Stree Suite 100. St Paul MN 55101-5100 ("State") and Ci of St. Paul. Police D artment 100 Eleventh Street East St. Paul. Minnesota 55101 ("Grantee"). Recitals 1 Undez Minn. Stat. § 299A.01, Subd 2(4) the State is empowered to enter into this grant contract. 2 State funds for this grant contract are provided under Laws of Minnesota 2003, 1 st Special Session, Chapter 2 Article 1, Section 9, Subdivision 7 for Criminal Gang Strike Force (Strike Force) grants. 3 The State is responsible under Minn. Stat. § 299A.64 through 299A.66 for administration of funds "for fhe organization and operation of the Criminal Gang Sfrike Force Oversight Council (Council) and Strike Force. 4 T'he 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 Term of Grant Contract 1.1 Effective date: JuIv 1, 2003, or the date the State obtains all required signatwes under Minn. Stat. § 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 has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2004, or until all obligations have been satis£actorily fulfilled, whichever occurs first. 13 Survival of Terms. The following clauses survive the expiration or canceltation of this grant contract: 8. Liability; 9. State Audits; �ovemment 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 Perform all of the duties and tasks described and approved by the State and the Council as stated in the Grantee's grant application for this program, hereby incorporated by reference and made part of this grant aa eement and on fila with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee will contribute Lieutenant Ron Ryan, an employee of the Grantee, to be a member of the Strike Force. As a member of the Strike Force, Lieutenant Ryan will also be the Statewide Criminal Gang Strike Force Commander (Statewida Commander) as designated and appointed by the Council. 2.2 All members contributed by the Grantee to the Strike Force must be licensed peace officers or federal law enforcemeni agents found by the Minnesota Board of Peace Officer Standards and Training to have equivalent •° - qualifications. 2.3 A11 members shall continue to be employed by the same entity by which they were employed before joining the Strike Force. However, while on the Strike Force members are under the exclusive command of the Strike Force. The Statewide Commander is under the exclusive command of the Council. 2.4 Grantee agrees to abide by the by-laws and suategies, policies and procedures of the Council. 2.5 Also, to the greatest extent possible, Lt. Ryan will serve as Statewide Commander of the Strike Force for the entirety of its existence. 2.6 Should the Statewide Commander desire to be transferred back Yo the position Le held before joining the Strike Force, the Statewide Commander may request a transfer from the Council. The Council shall approve and arrange for the requested transfer as soon as is practicable. (1) The person in charge of the organization from which the Statewide Commander came also may request that a Statewide Commander be transferred back. In this instance, the Council shall approve and arrange fer the requested transfer immediately or as soon as is practicable. (2) The Council may also request that the Statewide Commander be transferred out of the Strike Force. In this instance, the Council shall approve and asange for the requested transfer immediately or as soon as is practicable. CiSF Statewide Commander (06/03) . 05- (3) If the Statewide Comuiander is trarisferred�from the Strike Force, this grant contract shall be terminate�Od any grant funds received under Minnesota Stat. § 299A.66, Subdivision 1, and the I,aws of Minnesota 2003, 1 st Special Session, Chapter 2, Article 1, Section 9, Subd. 7, must be repaid to the SYate on a prorated basis, and within 30 days. 2.7 Reimbursement to the Grantee shall not exceed 100% of the salary, which includes benefits, of the Statewide Commander (Lt. Ryan) contnbuted to the Strike Force. Funds provided by this grant contract must be used by the Grantee to hire a new person to replace Lt Ryan who joined the Shike Force. Grant funds may not be used to pay for equipment or uniforms. 2.8 Law enforcement officers who aze members of the Strike Force have statewide jurisdiction to conduct criminal - investigations and possess the same powers of azrest as those possessed by a sherif� 2.9 The State is not responsible foz loss or damage To equipment or vehicles contributed by the Grantee for use by the Statewide Commander contributed to the Strike Force. 2.10 Grantee agrees to contribute equipment, vehicles, and other support to fhe Strike Force as stated and dacumented in Grantee's approved and accepted grant application on file with Yhe State. In all cases, all equipment and vehicles contributed to the Shike Force remain the properiy of the Grantee, and the Grantee is solely responsible for all operating, maintenance, and repair costs of the equipment and vehicles. 2.11 The Grantee will submit written reports to the State on a quarteriy basis. Other requ'uements, 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. 2.12 Grantee agrees to provide the State with a certificate(s) of insurance, or a statement of self-insurance, naming tha State as an additional insured undez the policy(s) prior to the execution of this grant contract for Grantee owned or leased vehicles being contributed to the Strike Force. {1) Grantee agrees to provide automobile liability coverage on all Grantee owned or leased vehicles. The limiYS of liability for such coverage must be $300,000.00 for bodily injury and property damage per person, and $1,000,000.00 bodily injury and property damage per occurrence during ffie term of the grant contract. (2) Should the Grantee need to replace an owned or leased vehicles during the life of this grant contract, the Grantee agrees to provide the State with a certificate(s) of insurance, or a statement of self-insurance, naming the SYate as an additional insured under the poIicy(s). 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. 4 Consideration and Payment 4.1 Consideradon. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensatian. The Grantee will be reimbursed up to $129.333.00 according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The Grantee wilI submit a revised budget for any deviation of 10% or more between approved budget lines in E�ibit A. 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 tha Grantee as a resulY 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 ihe commissioner of Employee Re[ations which is incoroorated into this �rant contract bv reference. The Grantee witl not be reimbursed for travel and subsistence expenses incurred outstde Mmnesota unless �t has received the State's prior written approval for out of siate travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Total Obligafion. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $129.333.00. 4.2 Payment (1) Invoices. The State will promptty pay the Grantee afrer the GranYee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices GSF Statewide Commander (06/03) . 05 -50� ' must be submitted rimely and according to the following schedule: Itemized invoices will be filed in arrears at least quartarly, but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily perFormed. Final invoice must be received no later than 45 davs after the Exauation 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 obtained bY the State through Tiile CFDA number of the Act of . The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts fn11 financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Condirions of Payment All services provided by the Grantee under Ybis grant contract must be performed to the State's satisfaction, as detemiined at the sole discretion of Yhe State's Authorized Representative and in accordance with all applicable federal, state, and iocal 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. 6 Aut6orized Representafive The State's Authorized Representative is Chief William Finney Citv of St Paul Police Deoartrnen 100 Eleventh Street East, St Paul Minnesota 55101. 651-292-3588, or his/her successor, and has the responsibihty to monrtor the Grantee's performance and the authonty 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 RepresentaUve is Jeri Boisvert Director 444 Cedar Street, Suite 100 St. Paul. MN 55101-5100. 651-284-3318. If the Grantee's Authorized Representative changes at any tune dunng this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Compiete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executad and approved this grant contrac[, or their successors in office. 72 Amendmenu. Any amendment to this grant contract must be in writing and will noi 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. 7.3 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 regazding 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 harmless 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 Grantee or the Grantee's agents or employees. Except, in accordance with the provisions of Minn. Stat. § 299A.65, while operating under the scope of Minn. Stat. § 299A.65, members of the Strike Force are "employees of the state" as defined in Minn. Stat § 3.736 and are considered employees of the Department of Public Safety for purposes of Chapter 176. This clause will not be consirued to baz any legal remedies the Grantee may fiave for the State's failure to fulfill its obligations under this grant 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 are subject to examination by the State and/or the State Auditor or L.egislative Auditor, as appropriate, for a miaunum of six years from the end of this grant contract. GSF Statewide Commander (06I03) o5-s�� 10 Govemment Data Practices The Grantee and State must comply with tixe Minnesota Govecnment Data Practices Act, Minn. Stat Ch. 13, as it applies to all data provided by the State under this gant contract, and as it applies to all data created, colleeted, received, stored, used, maintained, or disseminated by the Grantee under this gant contrac� 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 referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instntctions concerning the release of the data to the requesting parry before the data is released- 11 Workers' Compensaiion The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. Except, in accordance with the provisions of Minn. Stat. § 299A.65, while operating under the scope of Minn. Stat § 299A.65, members of the Strike Force ue "employees of the state" as defined in Minn. Stat. § 3.736 and aze considered employees of the Department of Public Safety for purposes of Chapter 176. 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 of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and simiIar public notices prepared by or for the Grautee individually or jointly with others, or any subcontractors, with respect to the program> publications, or services pmvided resulting from this grant contract. 122 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Goveming Law, Jurisdiction, and Venue Minnesota law, without regazd 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 Termination 14.1 Terminatinn by the State. The State may cancel this grant contract at any tnne, 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. 142 Termination for Insufficient Fundina The State may immediately terminate this gzant wntract if it does not obtain funding from the Minnesota Legislature, or other funding souroe; 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 are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily perfonned to the extent that funds aze available. The State wiIl not be assessed any penalty if the grant contract is terminaYed 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. GSF Statewide Conm�nder (06/03) o� �-� 15 Data Disclosure Under Minn• Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and�or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnei involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state fax laws which could resutt in action requiring the Grantee to file state tax retums and pay delinquent state tas liabilities, if any, or pay other state liabilities. - � �\ .. 1. STATE ENCUMBRANCE VERIFiCATION Individualcertifies �hat fursds have beert erscumbered ¢s required by,A�%���Ct� � 16��f3 lJ 1� Signed: L Date: gY F Grant �ontract M�b 03-00122 2. CRANTEE The Grantee certifies that the appropriate person(s) have executed the grant convac[ on behaljoJthe Grantee ar required by app(icab �xrticlu, bylaws, resolutions, or ordinances. By. ,`„ ' � F— Title: Chief of P 1'ce Datc: � By: Titic: City Attornev � o�c�: C 1 �' 2 - B s �� e Direc[or, Numan Rights 3. STA By (W Tii Dz Distribution: DPS/FAS Grantec Stare's Authorized Representa�ive GSF SWtewide Commander (06/03) � OF � g � 4 S p ��FIOM�� O Budget Request Grantee: St. Paui Police Department Program: Gang Stnke Force Commander __ Budget Period: from 7/1l2003 through 6/30/2004 VIOLENCE PREVENTION