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05-959CouncilFile# � �r y `� - � Green Sheet # -� RESOLUTTON 'Y Q�S�IINT PAUL, NIINNESOTA Presented Br Referred To: 76,982 6,806 0 21,666 0 1,558 0 3,000 33,030 1 WHEREAS, the City of St Paul, Police Department, has entered into a joint powers agreement creating the 2 East Metro Narcotics Task Force (agreement #02-13335-n; and 3 4 WHEREAS, the Ciry Council authorized this agreement on January 26, 2005 (councII file # OS-7�; and 5 6 WHEREAS, the 2005 financing and spending plaa needs to be amended for the grant received by the 7 East Metro Narcolics Task Force; and 8 9 WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify t6at 10 there are available for appropriation funds of $33,030 in excess of those estimated in the 2005 budget; and 11 12 WII�REAS, t6e Mayor recommends that the following addition be made to the 2005 budget: 13 14 CURRENT AMENDED 15 BUDGET CHANGES BUDGET 16 436 - Police Special Projects 17 FINANCING PLAN: 18 34120 - Special Investigations Aclivity 19 9830 - Use of Fund Balance 0 6,806 6,806 20 34127 - Narcotics Control Grant 21 3699 - Other Miscellaneous Grants 76,000 19,418 95,418 22 7499 - Transfer-In-Intrafund 25,000 6,806 31,806 23 Total Changes to Financing 33,030 24 25 SPENDING PLAN: 26 34120 - Special Investigations AcHvity 27 0799 - Transfer-Ovt-Intrafund 28 34127 - Narcotics Control Grant 29 0141 - Overfime 30 0368 - Office Supplies 31 0439 - Fringe Benefits 32 Total Changes to Spending 33 34 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2005 budget. 35 Requested by Departrnent of: Adopted by Council:Date: OC�2��71C� /� � o�ODU S Adopfion Certified by Council Secretary: By: Approved By: B Recommended by Committee:Date: by City Attorney: 83,188 21,666 1,558 3,000 Services: ai � 34127budget.cr2005.x1s OS= 95'�j ; � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �.... DepartmeM/office/council: Date InAiated: ,: PD — poi�cen�a,rm�t ,�EQ-05 � Green Sheet NO: 3028066 Contact Person 8 Phone: Amy Brown 2665507 Must Be on Council Agenda Total # of Signature Pages � Departrnerh Sent To Person InitiailDate 0 li D n[ Police D rtm n ASSign 1 oGce De artment De artment Director Number Z mancial rvi ce Financial rvi For �� Routing 3 i Attorne Citv Attome Order 4 r' Office M r/ sistant 5 oupcil (,7 Council 6 k i erk 7 oGce De artment Police De artmen[ (Clip All Locations for Signature) Action Requested: Signatures on the attached council resolution amending the 2005 financing and spending plan for agreement #02-13335-I between the Ciry of Saint Paul, Police Department, and Ramsey County. Approve (A) or Planning Commission CIB Committee Civil Service Commission Answer the Following Questions: 1. Has this person/firm ever worked under a contract for tbis department? Yes No 2. Mas this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally 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, Whyi: The City Council authorized the City of Saint Paul, Police Department, to enter into agreement #02-13335-I on January 26, 2005 (council file #OS-75) (see attached). The 2005 financing and spending plan needs to be amended for the grant received through this agreement (see attached). The•police departrnenfs special investigations activiry 34120 provides the matching funds for the grant. AdvantageslfApproved: Appropriate 2005 fmancing and spending plan for the gran[ received through the East Metro Narcotics Task Force. DisadvantageslfApproved: None. Disadvantages If Not Approved: Inability to use grant fixnds available for full participauon in the East Metro Nazcotics Task Force. � ' � � � � �otal Amount of 33�030 CosURevenue Budgeted: Transaction: Fundinq source: Narcotics Control Grant nctivitv Number: 34120 & 34127 Financial Infonnation: (Explain) �115� �'?��C�1 �ftt� OCT 0 4 260a RESOLUTION OF SAINT PAUL, NIINNESOTA Presented By: Council File # Q�j-1� Green Sheet # 3025044 OS- 95 Referred To: � Committee:Date: 1 RESOLVED, that the City of SainY Paul, Police Department, is authorized to enter into the atEached 2 Joint Powers agreement with the Ramsey County Sheriff s Department to create The East Metro 3 Narcotics Task Force. 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 Yeas Nays Absent Requested by Depattment of: ✓ J 7hune Adopted by Council: Date: Adoption Cert�ed by Council BY� /y//ii�i�a�ilJi�s� Approved by By east Date: � � � taskforce I b3' Clty' by May'or '� � , 05-955 �. ����r� ?� ��� J33�� .IOINT POWERS AGREEMENT CREATING THE EAST METRO NARCOTiCS TASK FORCE This is an agreement between Ramsey County, a political subdivision of the State of Minnesota, and the City of Saint Paul, a Minnesota municipality (hereinafter coliectively referred to as "the Parties"), pursuant to the provisions of Minnesota Statutes Section 471.59, the Joint Powers Act. WHEREAS, The Parties each have law enforcement agencies with police powers within the+r respective jurisdictions: Ramsey County has the Ramsey County Sheriff s O�ce, and the City of Saint Paul has the City of Saint Paui Police Department; (hereinafter coilectively referred to as "the Agencies"); and WHEREAS, The Agencies are responsible for the enforcement of controlled substance laws in their respective jurisdictions; and WHEREAS, The Parties, through their Agencies, wish to form a joint task force for the purpose of more efficiently and effectively enforcing controlled substance laws and investigating and prosecuting their related crimes, especially felonies that have the likelihood of being related to the distribution of narcotics and/or other cases that have an impact on both Parties; NOW THEREFORE, The Parties, agree as follows: 1. Generai Purpose. The purpose of this Agreement is to establish the East Metro Narcotics Task Force as an organization to coordinate efforts to investigate, apprehend, and prosecute drug offenders, and to define the rights and obliga#ions of the Parties with respect to the duties and activities perFormed by the Task Force throughout the term of the Agreement. 2. Members East Metro Narcotics Task Fo�°�e JPA � 0�-95 9 The East Metro Narcotics Task Force (hereinafter "Task Force") is hereby established by the Parties. The Task Force members are Ramsey County and the City of Saint Paul. 3. Good Faith The Parties and the Agencies shall cooperate and use their best efforts to ensure that fhe various provisions of this Agreement are fulfilled, and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. 4. Term of AqreementlTermination 4.1 The Initial Term of this Agreement shall be for a one-year period, from January 1, 2005 through December 31, 2005. 4.2 This Agreement shall automatically renew for additionai one year periods ("Renewal Term") unless either of the Parties gives written notice to the other pa[ty of its intent not to renew at least sixty (60) days prior to the end of the then-curren; Initiai Term or any Renewal Term. 4.3 This Agreement may be terminated at any time during the Initial Term or Renewai Term by one of the Parties with 30 days written notice to the other Parties. 4.4 Upon termination of this Agreement, all properry owned by the Task Force shali be distributed to the Agencies in equal parts or sold with the proceeds distributed to the Agencies in equal parts. Property of the Agencies or the Parties that had been loaned for use by the Task Force shall be returned. 5. State Assistance for Narcotics Control Ramsey County, acting on behalf of Task Force, the Parties to this Agreement, or the Agencies, in relation to this Agreement, shall be the grant applicant forfunding from the Minnesota Office of Justice Programs ("OJP"), Department of Public Safety ("DPS") for multi-jurisdictional narcotics task forces, and all other sources for this Agreement. Task Force Board 6.1 The goveming board of the Task Force shall be a Board of Directors ("Board"), to be made up of one representative from each of the following agencies: the Ramsey County Sheriff's O�ce, the City of Saint Paul Police Department, the City of Rosevilie Police Department, the Ramsey County Attomey's Office, and the United States Attorney's Office; the Grant Coordinatorforthe Task Force who shail be selected by the Ramsey Couniy Sheriff and Saint Paui Police Department Chief; and a fiscal representative who shall be selected by the Ramsey County Sheriff and Saint Paul Police Department Chief. All Directors shail serve at the pieasure of their appointing authorities. East Metro Narcotics Task Forcn JPA d5 6.2 Directors shall not be deemed empioyees ofthe Task Force and shall receive no compensation from the Task Force for serving as directors. 6.3 The Board has finai administration and policy decision-making authoriiy for the Task Force. Decisions shail be made by a majority of the Board. 6.4 The Board shall meet quarterly to evaluate the progress of the Task Force. The Board shail maintain records of Task Force activities. A special meeting may be called by any Director, or by a Task Force Commander. 6.5 The Board may apply for grants, approve contracts, including agreements for the rental of real property, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and consistent with its powers. 6.6 The 8oard wiil devefop Task Force priorities, a Sask Force budget, and Task Force operational policies and procedures. 6.7 The Board shail cooperate with other federal, state, and local law enforcement agencies when appropriate and necessary to accomplish the purpose for which the Task Force is organized. 6.8 The 8oard may not incur debts. 7 E:� 6.9 The Board shall make the Task Force's books, reports, and recards open to inspection by the Agencies at all reasonable times. 6.10 The Board has sole autho�ty to incur obligations and approve contracts and take final action on behalf of the Task Force. 6.11 The Task Force may not incur obiigations or approve contracts that extend beyond the Initial Term or Renewal Term of this Agreement or whicfi wilf require the experrditure of funds in excess of funds avaiiable. 6.12 Nothing herein is intended or should be construed in any manner as creating or establishing the re4ationship of co-partners between the parties hereto or as constituting one of the Agencies or Parties as the agent, representative or employee of any of the other Agencies or Parties for any purpose or in any manner whatsoever. 6.13 The Board shall make a quarterly statistical report and a financial report to the Parties on all activities conducted by the Task Force. Task Force Operations 7.1 Daily operation and responsibility for carrying out the purpose of the Task Force shall be under the direction of Two Task Force Commanders, one appointed by the St. Paul Police Chief, and one appointed by the Ramsey County Sheriff. 7.2 The Task Force Commanders will pian and coordinate case activities and direct investigative activities based on intefiigence provided by the Agencies, with priorities as determined by the Board. Finances East Metro Narcotics Task For��a JPA 05-�59 8.1 Task Force operations will be financed from the Task Force grant€�s and drug forfeiture funds as necessary to meet the Parties' matching fund obligations under the terms of �y the grant agreement ("Task Force Funds"). 8.2 Ramsey County shali serve as the Fiscal Agent for the Task Force. 8.3 Ramsey County, as Fiscal Agent, is authorized to receive all Task Force Funds for deposit and make disbursements therefrom in accordance with standard accounting practices and procedures. In conjunction therewith, the Ramsey County SherifPs Office Accounting Division shall maintain current and accurate records of all obiigations and expenditures of Task Force Funds. 8.4 Task Force Funds may be expended as directed by the Board and in accordance with this Agreement. in no event shall there be an expenditure of Task Force Funds except per the approved Task Force budget. 8.5 The Ramsey County Sheriff's Office shail make and submit to the Board a quarteriy report of the budget status of the Task Force Funds. 9. Task Force Personnel 9.1 The Agencies shall assign licensed peace officers and other personnel to the Task Force as needed to carry out its purpose and to perForm their responsibilities under this Agreement. 9.2 Other law enforcement agencies may also assign personnel to the Task Force. 9.3 All personnel assigned to the Task Force ("Task Force Personnel"} shall remain empioyees of the agency assigning the personnel and shall not be considered temporary or permanent emp{oyess of any of the other Parties or the Task Force for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers compensation, re-employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another of the Parties. The Agencies acknowiedge their individual responsibility to provide all salary compensation and fringe benefits to their employees while performing services on behalf of the Task Force. Benefits may include, but are not limited to, health care, disability insurance, life insurance, re- empioyment insurance, FICA, Medicare, PERA, vacation, sick leave, and unpaid leave of absence. 9.4 Ali Task Force Personnei shali be required to compiy with the rules of conduct and operating procedures prescribed by the Task Force Commanders, which shall be devetoped in consultation with the heads of the Agencies and in recognition ofthe rules oftheir respective Agencies. The Task Force Commanders, ortheirdesignees, shall referdisciplinary matters involving Task Force Personnei to the person's originating agency for investigation and disposition unless, based on the judgment of a Task Force Commander, or his/her designee, a particular matter represents probabie cause for the issuance of a criminal compiaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notifiied in advance thereof. 9.5 As assigned by the Task Force Commanders, Task Force Personnel will be responsible for drug investigation, including intelligence management, case development, and presenting cases for charging to the appropriate prosecuting authority. Task Force Personnel may aiso assist other law enforcement agencies in surveillance and undercover operations. Task Force Personnel will work East Metro Narcotics Task For�c�� JPA 4 0�-�i5 y cooperativefy with assisting agencies. Task Force Personne! who are peace officers and who take action in the jurisdiction of anotherjurisdiction are authorized to exercise the powers of a peace officer in the other jurisdiction for purposes of Task Force activities. 10. Advisor The Ramsey County Attomey shall designate an Assistant Ramsey County Attomey from the Prosecution Division to advise the Task Force. The Ramsey County Attomey's Office shall provide civil legal advice to the Task Force, as and if required. 11. Location Task Force activities shail take place out of a central location to be agreed to by the Agencies. 12. Forfeiture. Seizures and Fines The Agencies are entitled to money or proceeds from the sale of forfeited property after payment of seizure, storage, forfeiture and sale expenses and satisfaction of valid liens against forfeited property, in accordance with Minnesota statutes on forfeiture. Proceeds received by the Agencies from specific Task Force case forfeitures shall be used to support the efForts of the Task Force according to the Task Force grant requirements. The use and disbursement of these proceeds must be approved by the Board. 1N WfTNESS THEREO�, the undersigned Parties, by action of their governing bodies, or their authorized designees, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes § 471.59. RAMSEY COUNTY .���� David Twa, County Manager Date: 2�'1 �0.`� _ Approval recommended: �`1�:�.e Bob Fletcher, Sheriff Approved as to fortn and insurance: `�.�.,p .u.� �/�-/� s- As i s ant Co nty Attorney Purchase Order or East Metro Narcotics Task Foe•e�� .1PA d5 �959 Asp ����dor Contract Number. Funds are available Account Number: > � Budgeting and Acco ting CITY OF SJ;�INT PAUL By: i ' rr�r/���r� �^ fts: a r ` Date: ( ' � ^ �� Paul Police as to�an�, legality: . �' � Financial ervices Dizector East Metro Narcotics Task Foi°r.�, JPA OS-959 STATE OF NIINNESOTA GRANT CONTRACT "I'his �rant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv_ Office of 7ustice Pro�rams 444 Cedar Street Suite 100. St. Paul. MN 55101-5100 ("Sfate") and Ran�sev Couniv. Sheriffs De�utment. 425 Grove Street St PauL Minnesota 55101("Grantee"). Recitals 1 Under Minn. Stat. & 299AA 1. Subd 2(41, the State is empowered to enter into this grant contract. 2 The Grantee represents that it is duly qualified and agrces to perform all services descnbed in tbis grant contract to the satisfaction of the State 3 Federal funds for this grant contract aze provided under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, for the purpose of reducing and preventing illegal dcug activity, crime, and violence. 4 The State is in need of multi-jurisdictional task force progiams to integate local drug law enforcement agencies and enhauce interagency coordination, intelligence, and investigations. Grant Contract 1 Term of Grant Contract 1.1 Effeclive date: Januarv 1. 2005, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditures incurred putsuant to Clause 43 of this grant contract. Reimbursements will only be made for those expendihues made according to the terms of this gant contract. 1.2 Ezpiration date: December 31. 2005, or until all obligations have been satisfactorily fulfilled, whichever occurs fust. 13 Survival of Terms. T'he following clauses survive the expiration or cancellation of this grant contract: 8. Lialrility; 9. State Audits; 10 . Govemment Data Practices; 12. Publiciry and Endorsement; 13. Goveming Law, 7urisdicrion, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2.1 Activities. The Gzantee, who is not a state employee, will petform all duties and tasks specified in the Grantee's grant application for this prog�n which is incorporated by reference into this grant contract and on file with the State, and located at 444 Cedar Street, Suite 100, St. Paul, MN 55101-5100. Grantee shall also comply with all progrun standards, wl�ich are hereby incorporated by reference and made a part of this grant contract. 2.2 Xeporting Requirements. Grantee shall report to the State as specified in the Office of Justice Progracu's Grant Manual. (1} Financial Reporting. C'nantee shall submit a financial reporting fomi to the State utilizing the format identified by the State within 30 days after the end of the reporting period. (2) Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accompiishment of the program goals and objectives within 30 days a8er the end of reporting period. (3) Other Requiremenu. Grantee shall submit such other reports and attend meetings and lraining as State shall reasonably request. (4) Eva[uation. State shall have the authority, during the course of this giant period, to conduct an evaluation of the performance of the C'nantee. (5) Requirement Ckanges. State may modify or change a11 reporting forms at their discretion during the grant period. (6) Speciat Requirements. The State reserues the right to include in the grant, at any time during the teim of the gant, special administrative requirements deemed necessary to assure the Grantee's successful implementation of the program. The State will notify the ('irantee in writing of any special admnustrative requirements. 3 Time Byme DTF (Rev. I I/04) Dnig Task Fo�ces OS OlP GRANT NUMBER 2005-DTF-00385 os-959 The Grantee must comply with all the time requirements described in this grant contract. In the perfoimance of this grant conhact, time is of the essence. 4 Consideration and Payment 41 Cnrtsideration. 'Fhe State will pay for all services performed by the Grantee under this gant contract as follows: (1) Compensaiion. The Grantee will be reimbursed an amount not to excced $225.000.00, according to the breakdown of costs contained in Exhibit A, which is attached and incoipotated into this grant contract_ (2) Travel Fxpenses. Reimbuisement for havel and subsistence expenses acmally and necessarily incurred by the Grantee as a result of this gant conhact will be paid in the same manner and in no �eater amount than provided in the current "Commissioner's Plan" promuigated by the commissioner of Employee Relations which is incorQorated into this grant conhact by reference_ The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state havel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Matching Requirements. Grantee certifies that the following matching requirement, for ihe grant contract, will be met by the Grantee: 7S$ .000.00. (4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this gzant contract will not exceed $225.OQO.QO. 4.2 Fiscal Requirements Grantee shall report to the State as specified in the Office of 7ustice Program's Grant Manual (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each source of funding received. Grantee shall comply with the current Office of Justice Progrun's Grant Manual. I3o funds will be dis'mu�sed for activiries not identified in the goals and obje�tives 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 requuements of that funding source. (2) Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representative before any expenditure can be made based on the revised budget. Submission and appmval of a budget amendment is necessary if a) a line item wIll deviate by $200 or 10%, wluchever is higher, from the appmved budget, or b) a new line item that was not part of the approved budget will be created. (3) Closenut. Grantee shall have unti145 days after the Expiration date of this gant conhact, to submit a report of all funds and interest received and disbursed. If a report is not submitted within this tune period, expenses claimed on the report may be disallowed and ihe State may request a refund of those monies from the Grazitee. (4) Records. Grwxee 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 which has commenced before the expirarion 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 Invoices. The State will prompfly pay the Gcantee 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: itemized invoices will be filed in arrears at least quarterly and wittvn 30 days of the period covered by the invoice for services satisfactorily perfoRned. Expenditures for each state fiscal year of this grant contract must be for services performed withiu the applicable state fiscal year. Every state fiscal yeaz begins on 7uly 1 and ends on June 30. Finai invoice pertainine to each state fiscal vear of thisgrant contract must be received bv Suly 31 of that calendar year. Reimbursemenrs from the next state fiscal �ear ma�ommence on or after Jul�l of that calendar vear The final invoice must be received no later than 45 days after the Exniration date of this �ant conhact. 4.4 Federa! Requiremexts. (Where applicable, if blank this section does not apply) Payments under this gwt contract will be made from federal funds obtained by the State through CFDA 16.579. The Grantee is responsible Byme DTF (Rev. 11/04) 7hssgTaskFaces OS OJP GRANTNUMBER2005-DTFAQ385 LZ5-959 for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with fedetal requirements. T'he Grantee will wmply with the Single Audit Amendments of 1996 and Office of Management and Budget Circuiar A-133. An explanation of the Federal Audit Requirements is attached and incorpornted and made a part of tbis grant contract. See Exhibit B. The Grantee assures that expenditure of all dollars allocated for confidential funds will be in compliance with the Minnesota Task Force policies on use of confidential funds and use of informazrts issued by the State, and the Office of 7ustice Programs Financial and Administrative Guide for Grants. The Crrantee assures that gathering, u�aintenance and distribution of criminal intelligence information will be in compliance with Fedetal Criminal Intelligence operating policies (28 CFR Part 23). Grantee may be required to input narcotics intelligence information into a centralized database syste� The Cttanfee assures that a legally binding commihnent appropriating the cash match has been signed by the appropriate authorities. The Grantee agrees to manage asset seizure and forfeitures as progranu income which may be retained as progrun income and used by the Grantee for only those purposes that further the objectives of the formula grant progatn under which the grant was made in compliance with 609.5315, Subd.S. The Grantee may use progam income funds from seized and forfeited assets as match. Tke Grantee shall comply with federal, state, and local environmental, health, and safety laws and regulations applicable to the identification, seizure, and closure of clandestine metUamphetamnie laboratories including the disposal of chemicals, equipment, and wastes resulting from those operations. In addition, the �3rantee shall comply with the mitigation measures idenrified in the fedecal Office of Justice Program's Program-level Environmental Assessment. The Crrdntee shall submit to the State ane copy of all reports and proposed publicarions resulting from this agreement fliirty (30) days prior to public release. Any written, visual, or audio publications, with the exception 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. 2004-DB-BX-0053 awarded by the Bureau of Justice Assistance. The Bumau of 7ustice Assistance is a component of the Office of Justice Progcams, which also includes the Bureau of 7ustice Statistics, the National Institute of Justice, the Office of Juvenile 7ustice and Delinquency Prevention, and the Office for_Victims of Crime. Points of view or opinions in this document aze those of the author and do not represent the official posifion or policies of the United States Department of Justice." The Grantee will not use these funds to operate a"pay-to-sta}�' program in any local jail nor will the Giantee subawazd funds to local jails wlrich operate "pay-to-sta}�' prograws. The Grantee agrees to comply with the financiaY and admiuistrative requirements set forth in the current edition of the federal Office of Justice Progiaws (O7P) Financial Guide. The Grantee assures that federal funds made available under this grant 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 fiznds, be made available foi criminal jusrice activities. The Grantee will not use any federal funds, either indirectly or d'uecfly, in support of the enactment, repeal, Byme DTF (Rev. I I/04) Ikug Task Fomes OS OJP GRANT NUMBER 2005-DTF-00385 05�159 modificarion, or adoption of any law, regulation or policy, at any level of govemment, without the �press prior written approval of OJP. The Grantee agrees to comply with the confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R Part 22 that aze applicable to collection, use, and revelation of data or information. The Grantee will comply with the uunimum wage and masimum hour provisions of the Federai Fair I.abor Standards Act. The Grantee wi11 establish safeguards to prolubit employces 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, particularly rhose with whom they have family, business, or other ties. The Grantee assures that in ihe event a Federal or State court or Federal or State adm;n;ctrar;ve agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Grnntee or its subcontractors, the Crrantee will forwazd a copy of the finding to the State. The Gizntee assures that it will comply, and all its subcontractors will comply, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victuns or Crime Act, as appropriate, the provisions of the current edition of the Office of 7ustice Progams Financial and Administrative Guide for Grants, M7100.1; the Jacob Wetteriing Crimes Against Children and Sexually Violent Offenders Registration Act (42 USC 14071), and all other applicable Federal laws, orders, circulars, or regulations. The Grantee will comply with the provisions of 3,8 CFR applicable to grants and cooperarive agreements including Part 18, Administrative Review Procedure; Part 20, Crnninal7ustice Information Systems; Part 22, Confidentiality ofldentifiable Research and Statistical Information; Part 23, Crim;nal Intelligence Systems Operating Policies; Part 30, Intergoveinmental Review of Department of Justice Prograuis and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protecrion Procedures; and Federal laws or regularions applicable to Federal Assistance programs. The Grantee assures that it will comply, and all its subcontractors will comply, with the nondis�m;narion requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victuns of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitatio� 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 Dis 'm;nation Act of 1975; the Department of Justice Non-Dis�rnn+n�tion Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. This gant contract is subj ect to all applicable federal and state statutes and regularions, including, but not limited to the followiag: 1) 28 CFR Part 69, New Restrictions on Lobbying, and 28 CFR Part 67, Government-Wide Debarment and Suspension and Governinent-Wide Requirements for Drug-Free Workplace through the submission of a certification form committing the Grantee to compliance. 2) 28 CFR 42.302 et.seq. through the submission of a certification form regarding the Grantee's Equal Opportunity Employment Plan compliance. The Grantee will provide an Equal Employment Opportunity Plan if required to maintain one, where the application is for $500,000 or more. 3) 28 CFR Part 46 and all federai Office of Justice Programs policies and procedures regarding the protection of human research subjects. 4) 42 USC Section 3789g and 28 CFR Part 22 that aze applicable to collection, use, and revelation of data or information. Grantee fuRher agrees to submit a Privacy Certificate that is in accord with requirements of 28 ayme D1'F (Rev. 11/04> D`ug Task Fo=ces OS OIP GRANT NUMBER 2005-DTF-00385 05-959 CFR Part 22 and, in particulaz, secrion 2223. 4.5 Other Requirements. The Grantee shall comply with the following requirements: The Grantee agrees to work with other elements of the crinrinal justice system such as law enforcement, prosecution, courts and corrections as needed to improve communication and cooperation between these elements. The Grantee further agrees to coordinate efforts and cooperate with Drug Abuse Prevention, Education and Treatment Programs in the Grantee's project area. The Grantee assures that a task force advisory board has been established with memberslup including representatives as necessary from participating jurisdictions to oversee task force activities and budgets. The task force advisory boazd will include at least one county attomey or county level drug prosecutor Ttie Cnantee will advise the State if the task force membership changes. The State, through its Authorized Representative, reserves the right to cancel this gant contract with thirty days' notice should the task force membe�hip no longer meet established criteria. A valid Joint Powers or Mutual Aid Interagency Agreement between all agencies included in this project must be in effect by the effective date of this gant contract. A copy of the agceement must be submitted to the State prior to the starting date of this grant contract. Grantee agrees to comply with any new multi jurisdictional nazcotics task force policies and procedures developed by the State during the effecrive dates in Clause 1. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinauces, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federai, state, or local law. 6 Anthorized RepresentaHve The State's Authorized Representative is Sue Peddns C*��ts Specialist Coordinator 444 Cedar Street. Suite 100. St. Paul. Minnesota 55101-5100: (6511284-3318, or lus/het successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Gcantee's Authorized Representative is Rich Clark. Ramsey County Sheriffs Department 655 W Countv Rd E. St. Paul. Minnesota 55123, (6511481-1310. If the Grautee's Authorized Representative changes at any time during this grant contract, the Gzantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under trris grant contract withoat the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and appmved this grant contract, or their successors in office. 72 Amendments. Any amendnnent to this grant contract must be in writing and will not be effecrive until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regazding this gznt contract, whether written or oral, may be used to bind eitherpatty. Byme D1'F (Rev. I U04) ihug Task Focces OS 07P GRANT NUMBER 2005-DTF-00385 o5-95q s L�b�cy 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 incurre3 by the State, arising from the perfomzance of this grant contract by the Grantee or ihe Crrantee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this gant contract are subject to examination by the State andJor the State Auditor or Legislative Auditor, as appropriate, for a m;n;m� of six years from the end of this grant contract. 10 Govemment Daffi Practices The Grantee and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this �ant conhact, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Cttantee 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 Grantee or the 5tate. 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 Gcantee instructions concemiug the release of the data to the requesting party before the data is released. il Workers' Compensaflon The Gzantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation inc,�rance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Campensation Act on behalf of these employees and any claims made by any third pazty as a consequence of any act or omission on the part of these employees are in no way the State's obligarion 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, publiciiy includes notices, informarional pamphlets, press releases, research, reports, signs, and similaz public notices prepazed by or for the Cmantee individually or j ointly with others, or any subcontractors, with respect to the prograw, publications, or services provided resuking from this grant contract. 122 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Turisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceed'uigs out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdicrion in Raznsey County, Minnesota. 14 Termination 14.1 Terminakon 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 ternunation, the Grantee will be entitled to payment, determined on a pro rata basis, for services safisfactorily performed. 14.2. Terminadon by the Grantez The Grantee may request t��natron upon 30 day's norice to the State's Authorizerl Agent. Upon termination the Grantee is entitled to payment for services aetually performed and agrees to retum any unused funds to the State. 143 Termination for Insufficient Funding. The State may immediately t��nate this grant contract if it does not obtain funding from the Minnesota I.egislature, or other funding source; or if funding cannot be Byme DTF (Rev. 11/04) Ihug Task Foxces OS OJP GRANT M7MBER 2005-IYLF-00385 dS-959 continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fvc notice to the Grantee. The State is not obligated to pay for any services that aze provided after norice and effecrive date of te �nat�on. However, the Grantee will be entifled to payment, determined on a pro iata basis, for services satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the gant contract is ternLated because of the decision of ihe 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. 15 Data Disclosure Under Minn. Stat § 270.66, and other applicable law, the Grantee consents to disclosure of its sociat security number, federal employer taY identification number, and/or Minnesota tax identification number, already provided to the State, to fedecal and state taY 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 requiring the Grantee to file state tax retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION Individud cert�u tl+at funds have been encumbered ¢r required by Minn. StaG §§ 16AIS and 76C.05. Signed: Date: Grant Con�act No.: 9300-1414/2005-DTF-00385 3. STATE AGENCY By: (with detegated authority) Title: Date: 2. GRANTEE The Grantee cerafies tl+ai the appropriate person(s) kave executed the gran! contract on beha f of the Grantee as required by applicable articlu, byfmvs, resolutians, or ordirtances. BY� T t % )� � _ Title: �n r y Date: /—lR`Q� By _ <_��/f!�� TiHe: � � /l'�v �G'i nc�i �� i �. - 'r ' , i � i � � :'�/ > �' ', 1 rn�t„va2 DPS/FAS Grantee Shate's Authorized Repxesentauve sy�aeo're(�. tiioa) n� r�: F�� os OJP GRANT NUMBER 2005-DTF-00385 05-�59 EXHIBIT A � � R Q. �` Y � � r � OFFICE OF JUSTICE PROGRAMS � Grantes: Ramsey County Sheriff's Department °_ E ' �'� � � Grant Number: 2005-DTF-0o385 :,-� _ Program Componeflt: �N9 Task Forces: East Metro Narcotics Task Force Budget Category Award Mafch Personne! $87,475.00 $29,'f58.00 Payroll Taxes & Fringe $4,494.00 $1,498.00 Training $9,000.00 $3,000.00 Tra�e� $29,236.00 $9,746.00 Equipment Purchases $3,750.00 $1,250.00 Office Expenses $16,770.00 $5,590.00 Program Expenses $24,275.D0 $8,092.00 Confidential Funds $50,000.00 $16,666.00 Total $225,000.00 $75,000.00