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05-508RESOLUTION CTTYpF SAINT PAUL, NIINNESOTA Presented By: Council File # � Green Sheet #�-3����?� L-Q �0 Referred To: Committee:Date: 1 BE IT RESOLVED, that the City Council authorizes the City of St. Paul, Police Department to enter 2 into t6e attached amendment to agreement 02-13209-G with the State of Minnesota, which includes an 3 indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of 4 Financial Services. 5 6 7 8 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 Yeas Nays Absent � Requested by Department of: ✓ � ✓ Adopted by Council: Date: � j(/� n < �-r Adoption Certified by Council Secretary: By: Approved by . or; Date: � � I� by City for Strike Force Grant-Member Arr�nqlmeni to Agreement.cr2005 \.. � � Green Sheet Green Sheet Green, SBeet Green Sheet Green Sheet Green Sheet � PD �olice Deparnnent Confact Person & Phone: Chief John Harringfon 266-5588 Must Be on Council Aaen 26-MAY-05 I Green Sheet NO: � Assign Number For Routing Order ��-�� 3026598 0 i e De ert e t P lic e ent 1 oliceDe artmeo D artmen[Director 2 ' A m i A � 3 r' Office Ma odAssis[ n 4 il oan il 5 i CI rk C' CI r 6 ice rtmen Police D rtme total # of Signature Pages 1 (Clip All loeations for Signature) Aciion Requested: Signatures requested on the attached council resolution authorizing the attached amendment to agreement 1t02-13209-G. cn� Personal Service Contracts Must Planning Commission 1, Has this personffirm ever worked under a contrad for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No -� 3, Dces ihis person/firm possess a skill not normalty possessetl by any current city employee? Yes No F�cplain all yes�aoswers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, wna�, wnen, Wnere, Why): Agreement #02-13209-G is being amended for additional Strike Force grant funds. AtivantageslfApproved: Additional grant funds for Strike Force member salaries and fringe benefits. RECEIUEQ MAY 2 6 20D5 Disadvantapes If Aporoved: None. Disadvantages If Nof Approvetl: Loss of additional grant funds available for City personnel assigned to the statewide Strike Force. 'S OFF{CE /"- - '.. ___ ,_ 'otal Amount of see agreeatent Trensaction: Fundin4 source: State of Minnesota Financial Informafion: (Explain) CosURevenue Budgeted: Activity Number: 34155 � t Aosea'�, ,s ' MAY 2 �' ��� � AMENDMENT NO.1 TO GRANT CONTRACT # 2005-GSF-00249/9300-1301 O�.- �� Originai Coniract Effecfive date: 7u1�1. 2004 . Total Contcact Amount $120.000.00 Original Contcact Expiration date: Tune 30. 2005 Original Contract Amounr $ 000.00 ' Amende3 Contract Expiration date: N/A Previous Amendment(s) Total: $N/A C�rrent Amendment Amount: $60.000.00 This amendment is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of 7ustice Programs, 444 Czdar Street, Suite 100, St PauI, MN SS10I-SI00 ("State") and City of St Paul, Police Department, 367 Grove Strcet, St Pau1, Minnesota 55101 ("Grantee"}. Recitals 1 The State has a grant contract with the Grantee identified as Grant Contract 2005-GSF-00249/9300-1301 for the organization and operation of the Criminal Gang 5trike Force Oversight Council and Criminal Gang Strike Force. 2 The State and the Grantee have agreed that additional funds are necessary for the satisfactory completion of tlus projeck 3 The State and the Grantee aze willing to amend the Original Grant Contract as stated below. Grant Contract Amendment In this flmendment deleted contract ternu 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 is amended as follows: (1) Compensation. The Grantee will be reimbursed up to �H8;809�8 $120.000.00 according to the breakdown of costs contained in Revised Exhibit A, which is attached and incorporated into this grant conhacf. The Grantee will submit a revised budget for any deviation of IO% or more between appmved budget lines in Revised Eichibit A. The revised budget must be approved by the State's Authorized Representative before any expenditure can be made based on Yhe revised budget. Reimbursement for officer replacement for the person (member) contributed to the Strike Force shall not exceed the person's (member's) salary including benefits. Reimbursement for person's (member's) overtime shall not exceed 100% of the person's (member's) overtime salary including benefits. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed �H0 $120,000.00. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Grant Amendment 02/04 AMENDMENT NO.1 TO GRANT COIVTRACT # 2005-GSF-Q0249/9300-1301 �`�� Except as amended herein, the terms and conditions of the Original Grant Contract and all previous amendments remain in full force and effect. By execution of ttus amendment, the terms and conditions of the Original Grant Contract and all previous amendments are er.pressly restated and reaf�rmed. 1. ENCUMBRANCE VggIFICATION 3. STATE AGENCY Individua[ ce6fies thatfiotds have been enao�+bered ar � required 6y M'um. StaG §§76A15 m'd 16G05. Signed: g Daze �ti� Gtant Contrnct No.: ZppS-GSF-00249/93Qd-1301 Date: 2. GRANTEE T7xe Graxtee certi 8 have erecutrd the co >e4�� bJ' QPPlicable By. Title: Date: Br• T;9e Date: beha(fojfhe G�tee at s, bylaws, reso ons, or ordinancu. INstdbution: ,, DPS/FAS Cnantee Sta(e's Aufltotized Represeatative Grant Amendment 02/04 2 REVISED EXH(BIT A Grantee: Program: OFFlCE OF .lUSTICE PROGRAMS � St. Paul Police Department Gang Strike Force � STATE OFNIINNESOTA GRANT CONTRACT i, i �i I i� � ' 'I'his �ant contract is between the StaYe of MinaesoTa, acting through its Commissioner of Public Safetv Of&ce of Justice Pro . 444 Cedar Street Suite 100. St. Paul. MN 5�101-5100 ("State") and Ciri f St Paul Police Departrnent 367 Grove Street St Paul. Minnesota 55101 ("Grantce"). gederal funds for this grant contract are provided from the Omnibus Crime Control and Safe Streets Act of 1968, as amended for tfie purpose of enhancing and improving the efficiency and effectiveness of the criminal justice system. State funds for this grant contract aze provided under Laws of Minnesota 2003, 1�` Special Session, Chapter 2, Article 1, Section 9, Subdivision 7 for the purpose of Cruninal Gang Strike Force grants. Recitals 1 Under Minn. Stat. § 299A.01, Subd 2(4) the State is empowered to enter into this graut contract. 2 The State is responsible under Minn. Stat. § 299A.64 t�rough 299A.66 for adininistration of funds for the organization and operation of the Criminal Gang Stx'ike Force Oversight CounciI (Council} and Crimuiai Crang Strike Force (Strike Force). 3 The State is in need of assistance from local law enforcement agencies, sheriff's offices and other organizations that contribute members to the SYrike Force and aze required to hire new persons to replace those who have joined the Strike Force, to pay overtime salaries of the Grantee's members contributed to the Strike Force and to pay expenses of members of the Strike Force. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfacrion of the State. Grant Contract 1 Term of Grant Contract 1.1 Effecrive date: 7ulv 1, 2004, or the date the State obtains ail required sigttatures under Minn. Stat. § 16G05, subdivision 2, whichever is later. The Grantee must not begin work under tl►is grant contract until tlus contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 F.xpiratian date: Jtuie 30. 2005, or until all obligations have been satisfactorily fulfitled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the exgirafion or cancetlation of this grant contract: 8. LiabiSity; 9. State Audits; Z0. Govemtnent Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Perform all of the duties and fasics described and approved by the State and the Council as stated in the Grantee's grnnt applicarion for this pmgram, hereby incorporated by reference and made part of this gant agreement and on file with the State and located at 444 Cedaz Street, Suite 100, St. Paul, Minnesota. 22 All members contributed by the Grautee to the Strike Force must be licensed peace officers or federal law enforcement agents found by the Minnesota Boazd of Peace Officer Standards and Trauiing to have equivalent qualifications. 23 AII members shall continue to be employed by the same entity by which they were employed before joining the Strike Force. However, while on the Shike Force members aze under the exclusive command o£ the Strike Force. 2.4 Grantee agrees to abide by the by-laws and strategies, policies and proceduras of the Council. 2.5 Also, to the gratest e�tent possible, members of the Strike Force will serve on fihe Strike Force for the entiret}' of its existence. 2.6 A member who desires to be transfetred back to the posirion the member held before joining the Strike Force may request a transfer from the Council. The Council shall approve and anange for the requested transfer as soon as is practicable. GSF OT, (.ease Velucles & Equipment (07/04) Grant Number 2005-GSF-00249 05-508 (1)'The person in chazge of the organization from which the member came also may request that a member be transfeaed back. In these instances, the Council shall approve and arracige for the requested transfer immediateiy or as soon as is pracricable. (2) The Strike Force commanders or the Council may also request that a member be tcansferred out of t[ie Strike Force. In these instances, the Counci] shall approve and arrange for the requested transfer immediately or as soon as is pracricable. (3) If a member is itansferred from the Strike Force, the person in charge of the organization from which the member came shall arrange for an experienced individual, acceptable to the Council to replace the transferred pecson on the SYrike Force_ If this arrangement cannot be made, this grant contract shall be terminated, and any grant funds received under this grant contract must be repaid to the State on a prorated basis, and within 30 days. (4) When a member is transferred in or out of the Strike Force the Grantae shall provide the State's authoaze representaYive with a revised Member Replacement Grant application. Once member transfer is approved by the Council, the revised Criminat Gang Strike Force Member application shall become a part of the Grantee's application on file with the State. 2.7 Funds provided by this grant contract must be used by the Grantee for of�icer repiacement by hiring a new person to replace the person (member) who joined the Strike Force and/or to reimburse the Grantee for overtime hours which includes benefits of the person (member) working on the SRike force. Grant funds may noz be used to pay for equipment or uniforms. 2.8 Law enforcement officers who aze members of the Strike Force have statewide jurisdiction to conducY criminal investigations and possess the same powers of arrest as those possessed by a sheriff. 2.9 The State is not responsible for loss or damage to equipment or vehicies contributed by the Grantee for use by the member contributed to the Sfike Force. 2.10 Grantee agrees to conh equipment, vehicles, and other support to the Strike Force as stated and documented in Grantee's approved and accepted grant application on file with the State. In all cases, all equipment and vehicles contributed to the Shike Force remain the property of the Grantee, and the Grantee is solely responsible for all operating, maintenance, and repair costs of the equipment and vehicles. 2.11 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. 2.12 Grentee agrees to provide the State with a certificate(s) of insurance, or a statement of self-insurance, naming the State as an additiona[ inswed under the poiicy(s) prior ta the execurion 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 nwned or leased vehicles: The limits of liahility for such coverage must be $300,000.00 for bodily injury and properiy damage per person, and $1,000,000.00 bodiiy injury and property damage per occurrence during the term of the grnnt contract. (2) Should the Grantee need to replace an ownad or leased vehicles during the life of this grant contract, the Grantee agrees to provide the State with a certifioate(s) of insurance, or a statement of self-insurance, naming the State as an additional insured undet the policy(s). 2.13 Grantee shall aIso be reimbursed for actual costs incurred as stated in Exhibit A, which is attached and incorporated into this grant conhact, and the Grantee agrees to carryout the tasks described below and tasks described and approved by the State and Counci] in the Grantee's applicarion which is on file with the State. (1) For all members contributed by the Grantee to the Strike Force in which the Grantee will purchase or lease equipment, and/or lease vehicles for the member to use while the member is working on the Strike Force, the Grantee may request reimbursement for these costs as stated in Exhibit A, wMch is attached and incorporated into ihis graat contracY. (Z) Purchased or leased equipment, and/or leased vehicles; however, shall not be the State's responsibility, and the State shall noY be responsible for the loss or damage of purchased or leased equipment, andlar leased vehicles by the Grantee for use by the memtier contributed to the Strike Force. Also, in ali cases, ail equipment and vehicles contributed to the Strike Force shall remain the property of the Grantee, and the Grantee is solely responsible for all opemting, maintenance, and repair wsts of the equipment and vehicies. (3) Grantee will only be reimbursed by the Staze for reimbursable costs obligated by the Grantee during the life of this grant contract and not beyond. (4) Reimbursement for Grantee's purohase of a vehicle is not authorized by this grant contract. GSF OT, Lease Vehicles & Equipment j07�04) Grant Number �005-GSF-00249 � � i Time The Grantee must comply with all the rime requirements described in this grant contract In the performance of this gram contract, rime is of the essence. Consideration and Payment 4_l 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 up to $60.000.00 according to the breakdown of costs contained in Exhibit A, which is attached and incorporaYed into this grant conh The Grantee will submit a revised budget for any deviation of 10% or more between approved budget lines in Exhibit A. The revised budget must be approved by the StaYe's Authorized Representarive before any expenditure can be made based on the revised budget. Reimbursement for officer replacement for the person (member} contributed to the Strike Force shall not exceed the persods (member's) salary including benefits. Reimbursement for person's (member's) overtime shall not exceed 100% of the penon's (member's) overtime salary including benefits. (2) Travel Ezpenses. 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 incomorated into this ¢rant conhact bv reference. The Grantee will not be reimbursed for uavel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant conhact will not exceed $60.000.00. 4.2 Payment p) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actuatly performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Ttemized invoices will be filed in arreazs at least quarterly, 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 Exuiration date of this 2rant contract. 43 Federal requirements Payments under tttis grant conuact 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 responsibiIity for any requirements imposed by Yhe 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 publicarions resulting from this agreement thirty (30) days prior to public release. Any written, visual, or audio publications, with the exceprion of press releases, whether published at the Grantee's or State's expense, shall contain the following statement: "This project was supported by Grant No. 2003-DB-SX-0036 awarded by the Bweau of Justice Assistance. The GSF OT, Lease Vehicies & Equipment (0"//04) Gmnt Number 2005-GSF-00249 � �� "This project was supported by Grant No. 2003-DB-BX-0036. awazded by the Buc�au of Jusrice Assistance. Tke Bureau of Justice Assistance is a component of the O�ce of Justice Programs, which also includes the Bureau of . 7ustice Statistics, the National Institnte of 7ustice, the Office of 7uvenile Justice and DeIinquency Prevenrion, and the Office for Victims of Crime, Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States DeparCment of Justice: ' The Grantee will not use these funds to operate a"pay-to-sta�' prograin in anY local jail nor will the Grantee subawazd funds to local jails which operate "pay-to-sta}�' programs. The ('nantee agrees to comply with 28 CFR Part 23 if federal funds aze used to support crimival intelIigence systems. The Grantee agrees to comply with tfie financiai and adnriniskative requiren'ients set forth in the ourrent edition of the Office of 7usrice Progcazns (OJP) Financial Guide. The Grantee assuras that federal fnnds made available under this grant contract will not be used to suppiant 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 criminal justice activities. The Grantee will comply with provisions of Federal Iaw which limit certain political activities of employees of a local unit of goveminent 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 provisions of the Federal Fair Labor Standarcls Act. The Grantee will establish safeguards to prolubit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, 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 admuiistrative agency makes a finding of discrimination a$er a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Grantee or its subcontractors, the Grantee will forwazd a copy of the finding to the State. The Grantee assures that it will comply, and all its subconkactors will comply, with the applicable pmvisions of Tifle I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Jusrice and Delinquency Prevention Act, or the Victixns or Crime Act, as appropriate, the provisions of the current edition of the Office of 7ustice Programs Financial and Admuiistrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regutations. The Grantee will comply witU the provisions of 28 CFR applicable to grants and cooperarive agreements including part 18, Admiiustrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentialiry of Identifiable Research and Statistical Information; Part 23, Ciiminal7ntelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opporinnity Polieies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federai Assistance pro�rdms. The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscruivnation requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Vicfims of Crime Act (as appropriate); TiBe VI of Yhe 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 1X of the Education Amendments of 1972; the Age Discruvivatiott Act of 1975; ihe Department of 7usuce GSF OT, Lease Vehicies & EquipmeM (07/04) q Grant Number Z005-GSE-00249 �� �� Non-Discriuiination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice reguiations on disability dis�mination, 28 CFR Part 35 and Part 39. This grant contract is subject to all applicable federel and state statutes and reguiations, including, but not liarited to the foAowing: 1) 28 CFR Part 69, New Reshictions on I.obbying, and 28 CFR Part 67, Goverument-Wide Debarment and Suspension and Govemment-Wide Requirements for Dmg-Free Workplace through the submission af a certificarion form comuritting ti�e Grantee to compliance. 2) 28 CFR 42.302 et.seq. through the submissiott of a certification form regarding the Grantee's Equal Opportunify Employment Plan compliance. The Grantee will provide an Equal Employment Opporlunity Plan if required to maiutain one, where the application is for $50Q,000 or more. 3) 28 CFR Part 46 and all federal Office of Justice Progams policzes and pmcedures regarding the protection of human research subjects. 4) 42 USC Section 3789g and 28 CFR Pazt 22 that are applicable to collection, use, and revelauon of data or information. Grantee fiuther agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particular, section 2223. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's sarisfaction, as detem�uied 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 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 Jeri Boisvert Actine Executive Director Office of Justice Proerams. Justice and Community Grants 444 Cedaz Street Suite 100 St Paul MN 55101. (6511284-3317, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authonty to accept the services provided under ttus grant contract. If the services aze satisfactory, the State's Authorized Representative wIll certify acceptance on each invoice submitted for paytnent. The Cnantee's AuYhorized Representative is Witliam Finnev Chief of Police St Pau1 Police Department. 367 Grove Street St Paul Minnesota 55101 (651) 266-SS88. If the Grantee's Authorized Representative changes at any time during this grant conhact, the Grantee must immediately notify the StaYe. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 AssignmenG The Grantee may neither assign aor transfer any rights or obiigations under this grant contract witkout the prior consent of the State and a fully �ecuted Assignment Agreement, e�cecuted and approved by the same garties who ea�ecuted and approved this grant contract, or their successors in office. 72 A»aendmenYS. 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 wntract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant conttact, that failure does not waive the provision or its right to enforce it, 7.4 Grant Conrract Complete. This grant contract contains all negotiations and agreements between the State and the C'nantee. No other understanding regazding this gant contract, whether written or oral, may be used to bind either party. Liability The Grantee must indenuiify, save, and hold ttie State, its agents, and employees harmiess from any claims or causes of action, including attomey's fees incurred by the Staee, arising from the perfomiazice of this gractt contract by the Grautee or the Grantee's agents or employees. Except, in accordance with the provisions of Minn. Stat. § 299A.6S, while operating under the scope of Minn. Stat. § 294A.65, membezs of tlte Strike Force aze "employees of the state" as defined in Minn. Stat. § 3.736 and are considered employees of the Department of Public Safety for GSF OT, [.ease Vehicles & Equipment (07l04) Gcant Nwnber 2005fi,SF-00249 . .i purposes of Chapter 176. This clause wIll not be construed to baz any legal remedies the Grantee may have for the State's failure To fix15ll its obligations under this grant contcact. State Audits tinder Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documenis, and accounting procedures and practices relevant to this grant contract aze subject to exazuinarion by the State ancUor the State Auditor or Leaslative 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, maintainecl, or dissemivated by the Grantee under this �ant contract. The civil remedies of Minn. Stat. § 13.08 app�y to the release of the data referred to in tlus clause by either the Grantee or the Stata_ I£ the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately norify the State. The State will give the C,iantee instructions conceming the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Crrantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. Except, in accordance with the pmvisions of Minn. Stat. § 299A.65, while operating under the scope of Minn. Stat. § 299A.65, members of the Shike Force aze "empioyees of the state" as defined in Minn. Stat. § 3.736 and are considered employees of the Department of Public Safety for putposes of Chapter 176. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regazding the subj ect 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, publiciry includes notices, informational pamphlets, press releases, research, reports, signs, and sunilaz public notices prepazed by or for the Grantee individually or joinUy with others, or any subcontractors, with respect to the program, publicauons, or services provided resulting from this grant contract. 12.2 Endarsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choicerof-law provisions, governs this grant contract. V enue 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 Counry, 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, detemuned on a pro rata basis, for services satisfactorily perFormed. 142 Terminafion for Insufficient Funding. The State may unmediately ternrinate this grant contract if it does not obtain funding from the Minnesota Izgislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the GranYee. The State is not obligated to pay for any services that are provided after notice and effecrive date of tennuiation. However, the Grantee will be entifled to payment, detemrined 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 contract is tern�inated because of the decision of the Muuiesota Legislature, or other fiznding source, not to appropriate funds. The State must pmvide the Grantee notice of the lack of funding within a zeasonable time of the State receiving that notice. GSF OT, Lease Velvcles & Equipmert (07/04) Grant Number 2005-GSF-00249 d5 -5dg provided to the State, to fefletat and state tax agencies and state peisonnel involved in the payment of state obligauions. These identification mmmbers may be used in the enforcement of federal and state taY laws which could result in action iequuing the Cmantee to file state tax retums and pay delinquent state tazc liabilities, if any or pay other state liabilities. 1. ENCU�IBRANCEVERIFICATION 3. STATEA ENCY. I Individual certifi� .` S � n ��{q{�RT�� ,(.U �� requiredbyMinn. at. 1 jS�{b�.•iJ By . � (with deI�S��� au oriry) Sig¢ed: t�(','i ''f. �' Z�.tL°7 Tifle: ./)[ e�� Date: Da@: ID�Ji7/`�7 Grnnt Conhact No. 2005-GSF-00249/9300-1301 2. GRANfEE The Grantee certifes thai the appropriate person(s) have cuted the grant conhact on behaZf of the Grantee ar requi by pplicab E artic r, ylaws, resolutions, or osdinances. By. r itl. Chief of Police Date: �� 7 / v � By: Titte: Financial Services Dir. Date: �'� �a�� s T�tie Dat� By: Titv Dao By: Titl Dat Distnbution: DPS/FAS Gcantee Siate's Authorized Represeatative GSF OT. Lease Vehlcles & Equipment (07/04) Gcant Numbex 2005-GSF-00249 ��5� EXHIBIT A S ��HS OF P(�e�i� e s T d'� < I � ` <� � u�nN Grantee: Program: OFFiCE OF JUSTICE PROGRAMS JUSTICE AND COMMUNITY GRANTS �� �� .... �.:. � St Paul Police Department Ganq Strike Force �5�0� Exhibit B, page 1 of 2 FEDERAL AUDIT RE4UIREMENTS For subrecioients that are state or locaf qovemments non-orofit oraanizations or Indian tribes If the grantee expends total federal assistance of $300,000 or more per year, the grantee agrees to obta+n either a single audit or a program-spec�c audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits, covering both years, if the govemment so requests. it shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecioients that are institutions of hiaher educatiort or hospitats 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 Circular A-110 `Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as appiicable. 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 independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's `Standards for Audit of Governmental Organizations, Programs, Activities, and Functions:' 3. The audit report shall state that the audit was performed 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 Govemmental 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, inciuding a plan for corrective action taken or planned and comments on the status ofi corcective action taken on prior findings. If corrective action is not necessary, a statement describing 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 grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required to compfy with the Single Audit Act and OMB Circular A-133. (04/03) - . - � - . �5 5Zk4 Exhibit B., Page 2 of 2 6. The Statement of Expenditures fortn can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at leastfour years. 8. Required audit reports must be filed with the State Audito�s Office Sinale Audit Division, and with federal and state aqencies providina federal assistance and the Department of Public Safetv within six months of the arantee's fiscal vear end. OMB Circular A-133 requires recipients of more than $300,000 in federal funds to submif one copy of the audit report within 30 days after issuance to the centrai clearinghouse at the following address: Bureau of the Census Data Preparation Division 1207 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paui, MN 55i01-5926 (04l03) 05 5�g � � � s -F N. " � w LL Q N U J w tC Y � q a ro LL � 0 � F- �. Z 11 W C � �, � E a O a � W � b � C Q � 0 � N U W '� Z �= = a � Y LL � W r 6 F N W d W 0 � G d a � E z m L t 3 9 E m z ». 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