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05-626RESOLUTION CITY�IF SAINT PAUL, NIINNESOTA Presented By: couo�a F��e # � - �a� Green Sheet # � 7� f �� Referred To: Committee:Date: 1 WHEREAS, the City of Saint Paul, Police Department, has received a Juvenile Accountability Block 2 Grant from the Minnesota Department of Public Safety; and 3 4 WHEREAS, t6is grant provides funding to improve t6e juvenile justice system; and 5 6 THEREFORE BE IT RESOLVED, that t6e Saint Paul City Council authorizes the City of Saint Paul 7 to enter into, and Chief John Harrington to implement the attached agreement, which includes an 8 indemnification clause. A copy of said agreement is to be kept on file and on record in the Office 9 of Financial Services. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 reas Nays Absent Requested by Department of: r � �� �� I Police r i � Adopted by Council:Date: �� � , �Df�� �' Adoption Certified by Council Secretary: By: � Approved BY� L . ` ��I r�i^� By: A�{froval Recommended by Financial Services: BY: ��L�i�-�, �Z��� Form A,p{�qved by City Attorney: � for L���� JABG authorize os - ��� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DeparhneMlofficelcouncil: Date Initiated: - PD — POliceDeparhnent O6-JUN-05 Green Sheet NO: 3026731 Conpct Person 8 Pho�re: DeoarhneM Sent To Person InitiaUDate ChiefJOhOHarrington � 0 0l' De artment PoliceDe artment 266-5588 Assign 1 olice De artment De ar(ment irector Must Be on Council Agenda by (Date): Number z man 'al rvices Fioaocial Services � For Routing 3 � Atto e Ci Attome Order 4 a or's ffice Ma or 5 ouncil Coancil � 6 i ler Ci Clerk ` � � 7 olice De artment Police De artment � Total # of SignaWre Pages _(Clip All Locations for Signature) Action Requested: � Signahves requested on the attached council resolution authorizing the Ciry of Saint Paul, Police Departrnent, to enter into the attached agreement with the Minnesota Deparhnent of Public Safety. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission �. Has this person/firm ever worked undet a contract for 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 cily 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 City of Saint Paul, Police Deparhnent, has received a Juvenile Accountability Block Grant (7ABG) from the Minnesota Department of Public Safery. Authorization is needed to eriter into a grant agreement with the Minnesota Department of Public Safety. AdvanWges If Approved: ' The JABG gant provides funding to enhance juvenile probation by making home visiu, to provide a Police Athletic League (PAL) which will provide opportunities for playing basketball, and for after school enrichment to build trust between at-risk youth and the community. DisadvantapeslfApproved: �a,,,�..�„ None. ""��'� r�9qa:,p�� �� ^ � g i A^ � �V �� tl �� f V�j. � Disadvantages If Not Approved: � u,v 3� Inability to use gant funds available for programs to improve the juvenile system. , ClTY ATTORNEV 7otalAmountof 33476 CosuRevenue Budgeted: . Transaction: Fundinq Source: St8t2 Of Minnesord Activih Number: 34067 Financiallnformation: , .. (Explain) �, os- �a� STATE OF NIINNESOTA. GRANT CONTRACT This gant contract is between the StaYe of Minnesota, acting through its Commissioner of Public Safery. Office of Justice Pr�. 444 Cedar Street Suite 100. St. Paul. MN 55101-5100 ("State") and Citv of St PauL Police Depaztment, 367 Grove Street, St PauL Minnesota 55101 ("Grantee"). Recitais 1 Under Minn. Stat �299A01. Subd 2(4), the State is empowered to enter into this gant contract. 2 The Grantee represents that it is duly qualified and agces to perform all services described in this grant contract to the satisfactionofthe State. 3 Federal funds for this gant contract are provided from Pub&c I.aw 273, Omnibus Crime Control and Safe Streets Act for the purpose of promoting greater accoimtability in the juvenile justice system. 4 The State is in nced of projects that will improve juvenile justice system infrastruchue and operations. Grant Contract 1 Term of Grant Contract 1.1 Effective date. Julv 1. 2005. or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, wluchever is later. Once this grant contract is fully executed, the Grantee may ciaim reimbursement for expenditures incurred pucsuant to Clause 43 of this gant contract. Reimbursement will only be made for those expenditures made according to the tern�s of ttus grant contc-act. 12 Expiration date June 30 2006, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Surviva[ of Terms. The following clauses survive the expiration or cancellation of ttus grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Piactices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2.1 Ac�ivities. The Grantee, who is not a state employee, will perform all of the duties and tasks specified in the Grantee's grant application for this progran�, which is incorporated by reference into this grant contract and is on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee shall also comply with all program standards, which are hereby incorporated by reference into this grant contract and made a part of this grant contract. 2.2 Reporting Requirements Grantee shall report to the State as specified in the Office of Justice Pmgratn's Grant Manual. (1) Financial Reporting. Grautee shall submit a financial reporting form to the State utilizing the format idenrified by the State within 30 days after the end of the reporting period. (2) Progress Reporkng. Grantee shall use forms prescribed by the State to submit a quarterly progress detailnig progress acMeved towards the accomplishment of the progrun goals and objectives within 30 days after the end of reporting period. (3) Other Requiremenis. Grantee shall submit such ather reports and attend meetings and traiuiug as State sball reasonably request. (4) Evaluation. State shall have the authority, during the course of this grant period, to conduct an evaluarion of the perfoxmznce of the C,rautee. (5} Requirement Changes. State may modify or change all reporting fomis at Yheir diseretion during the grant period. (6) Special Requirement,s. The State reserves the right to include in the grant, at any time during the term of the grant, speciai adminislrative requirements deemed necessary to assure the Grantee's successful implementarion of the program. The State will notify the Crrantee in writing of any special admiuistrative requirements. 3 Time The C3rantee must comply with all the time requirements described in this grant contract. In the perfonnauce of this grant conhact, time is of the essence. JABG (Revised 04/0� Juvenile AccouuEability Black Grnnt OS OIP Grant N�ber 2006JABG-00095 r- � bS-�a� 4 Consideration and Payment 4.1 Consideration The State will pay for all services performed by the Grantee nnder this grant contract as follows: (1) Compensation. The Grantee will be rennbursed an amount not to �ceed $33.476.00, according to the breakdown of costs contained in Exhibit A, wluch is attached and incorQorated into this �ant contraet. The Grantee will submit a revised budget for any deviation of at least 10% or $200.00, whichever is greater, between approved budget lines in E�ubit A and the revised budget must be appmved by the State's Authorized Representative before any expenditures ran be made based on the revised budgd. (2) Travel Expenses. Reimbuisement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant cont�act will be paid in the same nkwner and in no greater amount than pmvided in the cuaent "Commissioner's Plan" promulgated by the comm;ec;oner of Employee Relations wluch is incorpotated into this grant cont�act by reference. The Grantee will not be reimbursed for travel and subsistence e�enses incurred outside Minnesota unless it has received the State's prior writSen appmval for out of state travel. Minnesota will be considered the home state for determ;n;ng whether havel is out of state. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the g}�ant contract, will be met by the Gcantee: 3 720.00. (4) Total Obligation. The total obligation of the State for all compensarion and reimbursements to the Crrantee under this grant contract will not excced 33 476.00. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Prograw's Graut Manual. (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each source of fiutding received. Grantee shall comply with the current Office of Justice Program's Grant Manual. No funds will be disbursed for activi6es not identified in the goals and objectives or work plan submitted on the grant application forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. (2) Budget Revisions. Cnantee shall submit a written budget revision request to the State's Authorized R epreseniative 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%, whichever is lugher, from the approved budget, or b) a new line item that was not part of the approved budget will be created. (3) Closenut. Grantee shall have until 45 days after the Expiration date of tlus grant conhact, to submit a report of all funds and interest received and disbursed. If a report is not submitted within this time periocl, expenses claimed on the report may be disallowed and the State may request a refund of those monies from the Grantee. (4) Records. Cnantee shall retain all finaucial 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 which has commenced before the expiration of this six-year period, or until any audit findings and/or recommendations from prior audit(s) have been resolved between the GrAntee and State, whichever is later. 43 Payment Invnices. 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 imoices will be filed in airears at least quarterly but not more often than monthly and withiu 30 davs of the period covered by the invoice for services satisfactorilv performed. Eacpenditures for each state fiscal year of tlus gcant contract must be for services performed within the applicable state fiscal year. Evezy state fiscal year begins on July 1 and ends on June 30. The final invoice must be received no later than 45 days after the Expiration date of this grant contract. 4.4 Federal requirements. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made &om federal funds obtained by the State through CFDA 16.523. The Grantee is responsible for compliance with all federal requirements unposed on these funds and accepts full financial responsibility for any requirements imposed by the Cnautee's failure to comply with federal r�uizenzents. JABG (Revised 04/OS) Iuvenile Accountability Block Gmnt OS OJP Grant Number 2006-JABG-00095 The Grantee must ind ���� emnify, save, and hold the State, its agents, and employees h2rmless from any claims or causes of action, including attomey's fees incmred by the State, arising from the performance of this grant contraet by the Grantee or the Giantee's agents or employces. This clause will not be conshued to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligations under tivs granf contract 9 State Andits 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 Legisiative Auditor, as appmpriate, for a min;..,� of six years from the end of this gant contract. 10 Government Data Praclices The Giantee and State must comply with the Minnesota Govemment D'ata Practices Act, Minn. Stat Ch. 13, as it appfies to all data provided by the State under this gant contract, 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 Minn. Stat. § 13.08 apply to the release of the data refetred to in Uus c3ause by either the Gr�ntee 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 instruetions concenung the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertauung to workers' compensation ;nc�,ran� coverage. The Grautee'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 party 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 regarding the subject matter of this grant conhact 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 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 Grautee must not claim that the State endorses its pmducts or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs tlus grant contract. Venue for all legal pmceediugs 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 Termination by the State. The State may cancel this grant contract at any time, with or w3thout cause, upon 30 days' written notice to the Grantee. Upon tennination, the Grantee will be entitled to payment, detenuiued on a pro rata basis, for services satisfactorily performed. 14.2 Termination by the Graniee. The Cnautee may request temvuation upon 30 day's notice to the State's Authorized Agent. Upon termivation the Grantee is entitled to payment for services actually performed and agrees to retum any unused funds to the State. 14.3 Termination for Insu�cient Funding. The State may immediately terminate this grant conhact if it does not obtain funding from the Minnesota Legislature, or other fw�ding 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 Crrantee. The State is not obligated to pay for any services that aze provided after notice and effective date of t� However, the Grantee will be enrifled to payment, determined on a pro rata basis, for services JABG (Revised 04/OS) Juvenile Accounhbility Block Grant OS OJP Grant N�mber2006JABG-00095 05 -�a� satisfactorily performed to the extent that funds aze availaUle. The �tate will not be assessed any penalty if the gcant contract is tetminated because of the deeision of the Minnesota Legislat�ue, or offier 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. 15 Data Disclosare Under Minn. Stat. § 270.66, and other applicable law, the Grantee.conseuts to disclosure of its social security number, federal employer t� 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 numbeis may be used in the enforcement of federal and state taY laws wluch could result in action requiring the C�rantee to file statetax retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. �ENCUMBRANCE VERIFICATION 3. STA Individval cer[ifzes thatfunds have been enat ed as reguired by �nn. Stat §,¢ 16A.15 and 16C 0. Signed: Date: Gcant Contract No.: 2. GRANTEE The Grantee cerh'fies that the appropriate persors(s) �' have erecuted the grant conrract on behalf of the Gran, required by applicable a�Y7ctes, bylaws, resolutions, or By: Tifle: Chief of Date: By. Title: Citv Atb Date �� Title: Directo: Date: By: Title: Mayor Date: By Ti Dt Distnbution: Age¢cy Graatce State's Authorized Repres�tative IABG (Revised 04/OS) 7uvemle Accoimtabi]iTy Block Grmt OS OJP Gtaat N�ber 2006-JABG-00095 EXHIBIT A OFFICE OF JUSTiCE PROGRAMS Grantee: St Paui Police Department Grant Number. 2006-JABG-00095 Program Component: Juvenile Accountabiliiy Block Grant � - Budget Category Award Match Personnel $30,202.00 $3,357.0 Payroll Taxes & Fringe $3,274.00 $363.0 Total $33,476.00 $3,720.0 os-6a� Exhibit B, page 1 0 2 FEDERAL AUDIT For subrecioients that are state or local qovemments non-orofd organizations or Indian tribes If the grantee expends totai federal assistance of $500,000 or more per year, the grantee agrees to obtain e'dher a single audit or a program-spec�c audft made for the fiscal year in accordance Hrith the terms of the Singie 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 govemments, the federal cognizant agency shall permit biennial audits, covering both years,'rfthe govemment so requests. It shall also honor requests for biennial audits by govemments that have an administrative policy caliing 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 education or hosoitals If the grantee expends totai direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financiaf and compiiance audit made in accordance with OMB CircularA-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shali 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 applicabie taws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor os a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Governmentai 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 shaii 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 pianned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legisiative Auditor, the State Auditor, and any independent auditor designated by the grantor shaii have such access to grantee's records and financial statements as may be necessaryfor the grantor to compiy 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 comply with the Single Audit Act and OMB Circular A-133. (o�um) d5 -�a� Exhibit B., Page 2 of 2 6. The Statement of Expend'itures form can be used for the sohedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at leastfour years. 8. Reauired audit reuorts must he filed vrith the State AuditoPs Office. Sincale Audif Divisio�, and with federet and state aqencies nrovidina federal assistance. and the Department of Public Safetv within six months of the qrantee's fiscal vear end. OMB Circular A-133 requires recipients of more than $500,000 in federai funds to submit one copyofi the audit report within 30 days after issuance to the central ciearinghouse at the foilowing address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonviile, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Pubiic Safety's audit report should be addressed to: Minnesota Department of Public Safety O�ce of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paui, MN 55101-5126 (ivoa)