06-318Council File #
Presented By:
Referred To:
Committee:Date:
1 BE IT RESOLVED, tLat the Saint Paul CiTy Council authorizes the City of Saint, Police Department,
2 to enter into the attached amendment to agreement #02-13396-C with the 5tate of Minnesota, Second
3 Judicial District, which includes an indemni£cation clause. A copy of said agreement is to be kept on
4 file and on record in the OfFice of Financial Services.
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Adopted by Council: Date: /�j��� j�; aDJI
Adopfion Certified by
By:
Approved byJ,1(Iay :'.
BY: 5'� �, �`
Q:\Fiscal WO&CR�2006\SecondJudicialDW1.2006.crxls
RESOLUTION
CITY O� SAINT PAUL, MINNESOTA
Green Sheet #
n�-���
3030060
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Requested by Department of:
Police
Approv by ayor for Sub ssion to Council:
BY� ��-'l�"�� �
� Green Sheet Green
Sheet Green Sheet Green Sheet Green Sheet Green Sheet
h1 _11 Y
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DepartmenUofficelcouacil: �ate Initiated:
pD — PoticeDepartment 74MAR-06 Green Sheet NO: 3030060
GonWCt Person & Pho�e: Department Sent To Person InitiallDate
Chief John Hdrrington � 0 olice De a en Poli e D artment
2665588 /�j9n 1 oGce De artrnent De artment Directo
Must Be on Council Agenda by (Date): Number 2 { A me i me �
For
Routing 3 a or's Offi Ma oH sistant
� Order 4 uncil Co n il
5 Clerk � Clerk
6 olic De a ent Police D a ent
Total # of Signature Pages 1 (Clip All Locations for Signature)
Action Requested:
Signahue requested on the attached council resolution authorizing the Ciry of Saint Paul, Police Department, to enter into the attached
amendment to agreement #02-13396-C with the State of Minnesota.
RecommendaUons: Approve (A) or RejeCt (R): Personal Service Contrects Must Mswer tbe Following Questions:
Planning Commission 1. Has this qersonlfirm ever wocked under a contract for this departmeM?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separe[e sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Provide services to State of Minnesota, Second Judicial Court, for participants of the Second 7udicial District DWI Court program. For
more informarion regazding this council resolution please give S/C Greg Pye a call at 651-266-5999.
AdvantageslfApproved:
Partnership with Second 7udicial Court to grovide support and accountability to participants of the Second Judicial District DWI Court
program. This program will enhance public safery by holding repeat DWI Offenders accountable.
DisadvantaSles If Approved: RE�E�
None.
MAR 2 9 2006
'
Disadvantages If Not Approved:
Inability to assist participants of the Second 7udicial DWI Court program.
�A� 2 � zous
Total Amount of See attached CosVRevenue Budgeted:
Trensaction:
Fundinq Source: State of Minnesota Activiri Number: 436-34Q93
�;w�.,'t'?.ie S`� �,�s?'P�f
Financiallnformation: ' -
(Explain)
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Bet��n
Contract start date: January 1, 2005
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STATE OF MINNESOTA
Second Judicial Dishict
Judicial Adwinisiration Division
the Citv of St. Paul Police Departuient
$18,720
Original Expuafion date: December 31, 2005
$19,552
Chrrent amendment:
P*^eadPd Contract ExpiTation Date: December 31 2006 Total Amended Contract f�mounr.:
$38,272
THIS AMBNDMENT is by and between the State of Minnesota, acting through its Second Judicial District (hereinafter "STATE"),
and the City of St. Paul Police DepazTment, located at 367 Grove Street, St. Paul, MN 55101 (hereinafter "CONTRACTOR").
Recitais
1. The STATE previously entered into contract number A74277 dated January 1, 2005 with CONTRACTOR to provide
accountability and support services ior panicipants oi tne �econd iudiciai District DWI Court project by conducring fieid
visits and conducting tests on program participants for alcohol and drugs ("the ContracP').
2. The STATE requires additional services in connection wirh the project. The Contract and any previous amendments aze
incorporated into this amendment by reference.
3. 1he STATE and CONTRACTOR are willing fo amend the Contract as stated beIow.
Contract Amendment
in this Amen3ment, de;eted terms w:ll be stn:cx out and added te�s will be u:,derliae3, except where descr:bed oYher-vr;se.
iv��Siv^li i. Sectior. i. oi t ie Conuact is �ea.a.ed as �llows:
a.
gsgulatiea. Conduct reudom and scheduled field visits to participanis' home and employment (if appropriate) and provide repo2s to DWI
courUcase managet.
b " '_ _ _' _'_ _ PerFormrandrnnbreath:esting
duxing 51ed visits when appropriate.
C. , pttend DWI Program staffwg meetings/cowUha'n,+,�c where
appcopriate and feasibla
d. Participate with
oths Cruninal Iustiee System stakeholde�s in contmuing to develop and implement policies and procedures for DWI Court in the Second
Iudicial District m inerea,z the numbec of offmdecs who remain akoho] free, ieduwreeidivism among drunken driving offendexs and establish a
(�l� �31Y
Original coniract amount:
Rev. 3/16/04 Page I of2 Amend to SCAO/ITD Master Contract Foim (non-tec}u�ology re7ated)
• =
sys�nc responseiowazdsuu;tance aouse issucs among ail involvttl ageucies in Bamsey Counry.
REVISION 2. Section II. ofthe Contract is amended as follows:
A Coasideration for al] urvices performed and goods or materiats supplied by CONTRACTOR puisuant to tivs contrna shall be paid by the
STATE u follows:
�; ��. _��c,, c. fortvseven ( 471 dollars va hour.
CON7RACTOR shall not be reimbursed for havet and suUsistence ezpenses mcuired in tLe performance of t]ris conhact The total
obligalion of ihe STATE for all compensaAOn and reimbuiuments to CONTRA('tOR shall not �ceed '
2wa��S�281 th'sty-eieM thous�d two hundred se�ariydwo dollazs (S38,272).
REVISION 3. Section V. ofthe contract is amended as follows:
TERMS OF CONTRACT. 'Itis wntmct shall be e4'ective �993 umn execution hy the STATE and sliall iemam in effectunril Dece,mber 31.29032006 or
until all obligations set forth m this contrnct kiave been satisfactorily fulfilled, whichever occuis fssst �
REVISION 4. This Amendment shall be effective upon execution by the STATE.
Rev. 3/I6/04 Page 2 of2 Amend to SCAO/ITD Mast� Contract Fo�xn (non-tecimology related)
� `
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Excep± as amended he*ein, the terms and conditions of the Contract and ali previous amendments remain in fuil force and effect.
1. CONTRACTOR �
CONTRACTOR certifies that the appropriate persons
have executed the coniract on behalf of CONTRACTOR
as required by applicable articles, by-laws, resolufions
or ordinances. (If a corporation with more than one
individual serving as corporate officer, two corporate
officers must execute)
ey
Tifle
Date
2. STATE:
Person sigung certifies that applicable procurement
policies have heen followed. Where contract anfl
amendments exceed $50,000, signature of State Court
Administrator or herfhis Deputy is also required.
B .
T'rtle
Date
ey
TiHe
Dafe
� I
(reserved)
(reserved)
By
T"rtle
Date
I
3. Funds have been encumbered as required by State Court Finance
policy by.
By
THe
Date
Contract No.
Rev. 3/I6/04 Page 3 of 2 Amend to SCAO/IT'D Master Contract Form (non-technolo� related)
4. Approved as io form and execu5on ior STA:E by.
o�-�i8
By
Title Director, Financial Services
Date
By
Title Mayor
Date
CONTRACT FOR SERVICFS (non tec}mology re� )� f � �" � ��R 2 8 2005 �
O�o 3 t g u`�:.__..._._..�....
THIS CON7RACT, and amendments and supplements thefetn, is bemeen State of Mttmesota, acting tivough its Second ludiciai Dishict, add�ess IS W. KelloggBivd., St
Paul, MN 55702 (hereinafrer "STAI'E") and rh (" : f 4 P t P 1;rP nmartrnrnr � indepwden[ con4actor, not azi employee of the State of Mmnaota, adtiress
i s w x n o� R� ,t cr aa � nmv sS� m mereinaftec ^CONTRACl'OR'),
WI-IEREAS, tk�e STATE, putsuan: Co MinnesoEa STaNtes (2003) 484.68, subdivision 3(b), is empowered W manage the admmisrtative afl'aixs of tkie distnct cowt, and
WHEREP,S, tkie STA?E desaes m provide support services and to insure pazticioanis are comPiymg wifn DWI Co�st iules but lacks sufficirnt staff, and
WHEREAS, CONIRACTOR represenu that it is duly qualified and w�iling to Peiform the services set forth hecein.
NOW, Tf�REFORE, it is agreed:
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DUTIES. CONTRACTOR, who is not a STATE employee, shall provide acco�mtabitity and support services For paztt�h�antrof ihESecond'ludicial District DWS
Court project under the d�rection of the Judic�al Ihstr,c[ Admmistrator. �tgh?,�R�T p— k fh f'(1h�A(`T(1R h 71 %i' fhr fnilnwi�o
�mrtirvn
1. Randomly v�sit patticipants in the DWI Courtprogmm at home and at work (if appropriate) to provide support and accountability to this population
2. Randomly conduct breath tesis for alcohol or other drugs an pamc�pantr in the program during home/work visits
3. Provide mformalion to [he par4cipants about useful resouxces in Ihe cocmnumty
4. Provide infoimation to the DWI court team abou[ caz�didates for the program and the progress of participanis m the progcam
CONSIDERATION AND TERMS OF PAYMENT.
Consideration for all sernces performed and goods or matmals suppl�ed by CONTRACTORpuisuant to this contraM shall be paid by the STATE as
follows:
A.
Com[Jensarion: rh;m, nn> IRi 71 ANtarc nrr hn �r,
2. CONIRACTOR stia➢ not he mmbursed For travel and subsistence expensu inc�tted in ttie performance of this connact. The wtal
obligat�on of the STATE for all compensahon and reimbursements to CONT'RACTOR shatl not exceed ghr rh a.,�t ���R, h�md,w�t
,,R�1S-S.�t'7,•i,FV'�. FiL3ib11
Terms of Payment Payments shall he made by the STATE promptly after CONTRACTOR'S presentat�on of invoices for servmes performed
and acceptance of such servicu by the STATE5 auihorized agent pursuant to Section VI. 7nvrnces shail be submitted in a{mm prescribed by
f1
the STATE and accordmg to the followingschedule:
l. Monthly upon presentahan of invoices itetrrizing the costs.
2. CONTRACTOR shatl be enhtled to payment, detammed on a pro rnia basis, for services sansfactorily perfomied.
III. TIME REQiJIREMENTS. CONCRACTOR shall comply vnth all of the ame requirements described in this conhact.
N. CONDITIONS OF PAYMENT. All serrices provided by CONTRACTOR pursuant to tk�is contract sMnll be perfrnmed to the satisfacrian of the STATE, u
detamined at the sole discretion of its authorized represrnh6ve, and m accord v,nth the CONTRACTOR'S dulies set fortli in secnon I of this contract and all
appUcable fedual, stau, and local laws, ordinanre5, rules and regulations. CONTRACTOR shall not rueive payment for work found by the STA7'E to he
unsansfactory, or perforsneA in violation of federal, state or local law, ordinance, rule or mgularion.
VI.
TERMS OF CONTI2ACC. TMs convact shall be effective on ��»�^� �� and shall remain in effect unnl nP�P..+hP* � 1, �nn5 pr until atl obligetiovs set
fortn m this convaM have been satisfactorily futntled, whichever occuis first CONTRACI'OR UNDERSTANDS THAT NO WORK SHOUI.D BEGIN
UNDER "CHIS CONTRAGT UNTIL ALL REQt33RED SIGNAT[SRES HAVE BEEN OBTAINED, AND TFIE STATE'S AUTHORIZCD
REPRESENTATNE NOTIFIES CONTRACI'OR TO BEGIN WORK.
CANCELLATION.
'I'Ms contract mzy be cancelled by the STATE at any ame, with or withou� cause, upon thirry (30) days' wntten notice to the ottier party 3n tl�e event
An.3116/OA Page 1 of6 SCAO/ Matttt Cor�vact Fom� (noo-�xMology relazed)
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of such a canceilanon, CONTRACTOR shall be entiUed tn payment, detemuned on a pro nhn basis, forwork or services satisfactorily perfolmed.
B. "It�e STATE may vcmiPdiatrly caricel this cmivact if it does noi obtain fimdmg fromthe Minncsota Legisiabae, or other fimding so�sce; ar if fimding
c�xiot be concmued at a level sufficient to allow ior the pa}�nrnt of the services co�ered here. Cancellarion mvst be by writlen rn' facsimile
haz�cmuion nuRce in CONTRACCOR. The STATE is not o6lignted to pay for any srnices that are provided after notice and effective date of
temvnalion. However, CONTRACTOR wiil be mtifled to paymem, deffimmed on a pro rala basis, for services salisfactorily perfo:med to the extent
t}tat funds are ava�lable. The STATE will not be assessed any penatty if the conhact is cancelled b�use of a de�.ison of the Mmnesoh Isg,stabue,
or other funding source, not to appropriate 5mds. The STA1'E must provide CONTRACTOR notice of the lack of funding vrtthm a reasonable time
of the STATE'S receiving thaC notice
VIL STATE'S AUTHORIZED REPRESENTAITV& The STATE'S Authosi�d Representative for the piuposu of admmis4alion of this contract is i�� n?���P.
$�pnA i��i' �at tl�ct.;�r nA,.,�n;rnar,.r, Such reptesenhnUVe stiaR t�ave final authoriTy for acceptance of CONTRACTOR'S services and if such services are
accepted as sansfac[ory, shall so certify on each invoice subm�tted pucsuant W Sechon Il(B).
VIlI, ASSIGNMENT. CONTRACTOR shall ne�ther assien nor mansfer any rights or obligauons �mder this conhact vrithout the prior vrtitten consent of the STATE.
IX. AMENDMENTS. Any aznendmenis m ihis conuact shall be in vrtiting and sha➢ Ue executed by the same pazties who execu[ed the original contrad, ar their
succusors in office
X. LJABII,ITX. CONTRACTOR shall indertmify, save, and hold the STATE, tis representa4ves and employees harmless from any and all claims or causes of
acaoq inciuding all attomey's fees incutred by the STAI'E, ansing finm the perfocmance of thrs contract by CON'IRAC7�OR or CONIRACTOR'S agents or
employees. This clause shatl not be construed to baz any legal remedies CON'I'RACTOR may have for the STATE'S failure to fulfill its obligaAOns piasuant w
this contract.
XI. STATE AUDITS. The books, records, documents, �d accounting procedvres and prachces of the CON7RACTOR relevant tn tltis coniract shal] be subject to
examnabon by the ccmtrac4ng departlnent and the Legslative Auditor for a tmnimumperiod of six yeus from the tecmmaQon of this conhacL Records shall he
sufficient to reflec[ all costs incuaed in perfomiance of this Contmct
XII. CONFIDEN'CIAI.I71, DISCLOSUIiE AND USE. CONTRACTOR shall not disclose to any ti�ird party any informabon H'at is bo[h: (A) made avaitable by
the STATE or its agents to CONTRACTOR in order to persmt COIJTRACTOR to perform hereunder m is created, gathered, genereted or acquired m accordance
vnth tliis contrac� and (B) maccessible to the public pucsuant W the Rules of Public Access to Records of Ihe Judicial Branch promulgated by d�e Mmnesota
Supreme Court, as the same may be amended from lime to time. If the CONTRACTORrecerves a request to release the infmma4on referred to in this Clause, the
CONTRACSOR must mm�ediately notiSy the STATP.. The STATE will give the CONT4tACTOR inshvcrions cancemmg [he release of the infmmation tn tiie
requesting party before the mforma0on is released.
7�1 RIGHTS IN AND TO INFORMATION, IlWENTIONS, AND MATERIALS.
The STATE shall ovm all rightc, tlile and interest m all of the materials conceived or created by [he CON7RACTOFt, or iis employees rn
subcontracYnis either individually or�ointty w�th others and which azise out of the perfmm�ce of this contract, including any report, smdy, computer
sofrware, database, model, imenlion, photogaph, negytive, audio a video recotdine, or other item ar documents (hereafter "MATERIAIS").
COMRACTOR hereby assigns to the STATE all rights, ritle and mterest to the MATERIALS. CONTRACTOR shall, upan request of the STAT'E,
execute all paners znd perfonn all other acts necusary W usist ihe STATE w obtain and tegster copynghts, patenu or otha fomis of proteGhon
prov�ded by ]aw for the MATER[ALS. The MATERIALS created by CONIRACTOR, �u employees or subconaactors, indrvidually or jomHy with
others shall be considered "works made for hire" as defined by the United States Copynght Act CONTRACTOR shall zemir. a)1 oFthe MAI'ERIALS
to the STATE upon compleflon, termmation or cancella4on of this contract. CONTRACTOR, its employees and subcantractas shall not copy,
reproduce, allow or cause [o have the MATERIP.IS comed or reproduced or used for ar�y purpose other than the perforniance of the
CONl'RACTOR5 obligations un8er Yms conuact vntho�t the wntten penrrission of tl�e STASES authonzed repmsentanve. Nothmg in this fvticle
shall be construed m Iinut the CONIRACTOR'S obligarion to comply with Article XI of this convact.
B. CONTRACTOR represenCS az�d wamnis that MATERIAIS produced or used under this contract do not and will not infringe upon any mtellectual
property rights of another, including but not hsated to pa[ents, copyrights, trade secreis, ¢ade names, and service marks and names. W�thout timibng
seceon X, CONIRACTOA sha71 mdecrmify and defend the STATE at CONTRACTOR'S expense from any acrion or claim brought agamst the
STA1'E to the extent that it is basad on a claim that atl or part of the MATERIAIS mfringe upon the intellectua] pmperty rights of another
�, 3��ypp Page2of6 SCAO/MaaaConnaceFortn(non-c«rvelogyrclazed)
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CONTRACfOR shall be responsible for paymen[ of any and all such claims, demands, obiigations, liabililies, costs, and damaga, inciuding but not
liirrited to, teasonable attomey fees arising out of tfiu contract, amendmenis and supplemenis thereto, which aze aimbutable to such claims or acuons.
If such a claim or acfion arises, or in CONTRACTOP.'S or the STATE'S opn:i ^: is likel; to zdse, CO.�'?'R.eCTOR shall, at ffie STATE'S
diactetion, ei$�er procure ior the STAT£ the righc or license to cantinue using the MATERIALS at issue or replace or modi'ry the allegedly
infringing MATERIALS. This remedy shall be in addition to and st�a11 not be �clusrve w other remedies provided by law.
XIV. AFFIltMATIVEAGT'fON.
A. Covered Contracts and Contractors. If this contract exceeds 5100,000 and CONTRACTOR employed more thar� 40 full-rime empioyees on a
singie worinng day dunng the premous twelve months in Minnesota or in the state where it hu its principle place of 6usiness, thrn
CON3'RACTOR must compty with the cequisemenis of Minn. Stat. § 363.073 and Minn. R. PartT SU��.3400-50003600. A conhactor wvered
by Mimm. Sta[. § 363.073 because it employed more than 40 ful]-time employees m another state [hat does not have a cerLificate of compliance
must certify that it is in compliance vrith fedeml a�rmallve acuon requirements.
B. Minn. Stat § 363.073. Minn. Stat. § 363.073 requires the contracmr to have an affirmafive ac4on plan for the employmrnt of minonTy persons,
women, and qualt&ed disabted individual5 approved by the Minnesota Commissioner of Human Rights ("Commiss�onel') as indicated by a
cert�ficate of compliance. Tne law addresses suspension or revocation of a cerhficate of compliance and contlact consequences in that event A
con4act awarded vnthout a certificate of compliance may be voided.
C Minn. R. Paris 50003400-50003600 provide.
1. General. Minn. R Parts 50003400-5000.3600 implement Mma StaL § 363.073. These cules include, but are not limited w, cnteria far
contents, approval, and implemenhhon of �rmahve action plans; procedures for issumg certifica[e5 of compliance and critena for
determintng a contractor's compLance status; procedures for addressmg defic�encies, sanc4ons, and notice and hearing; annual
compliance reports, procedures fw comphanee review; and conhact consequences for non-compliance. Tne specific criuria for approval
or re�echon of an affirmative acrion plan are wntained in various provisions of Minn. R Pazts 50003400-5000.3600 including, but not
timited to, patts 50003420-50003500 and 5000.3552-50003559.
2. Disabied Workers. 1'he contlactor must comply vnth the followmg affirmative action requirements for disabled workers:
a. The contractor must not discnmmate agamst any employee or applicant for employment because of physical or menial
disabil�ty in regard to any posihon fot which the employee or appticant for employment is qualified. The contractor agrees
to take a�rmative action to employ, advance in employment, and�otherw�se treat qualified disabled persons without
discriminat�on based upon their physical or mental disabiUty in all employment pracnces such as the following:
employment, upgrading, demohon or transfer, recruihnenk adverhsmg layoff or tennination, rates o£pay or other forrts of
compensation, and seleclion for trmmng, including apprenliceship.
b. The conVactor agees to comply witti the rules and relevant orders of the Mmnesota Deparenent of Auman Righis issued
pvrsuanY io the Mmnesota Auman Rights Act.
c. In the event of the coninemts noncomptiance w�th the requirements of this ctause, acnons for noncompliance may be
taken in accordance witk� Minn. Sta[. § 363.073, and the mles and relevant orders of the Minnesota Departrnent of Human
Rights issued pursvant to the Minnesota Human Rights Act.
d. The contractor agrees to post in conspicuous places, available to emptoyees and applicants for employment, notices in a
foim to be prescribed hy fne co¢mussiaaer of the Mmnesota Department of Human Rights. Such notices must state the
conttactor's obiigation under the law to [ake affirmanve acnon to employ and advance in employment qualified disabled
eirtployees and applicants for employmenq and the righTS of app7icants and employees.
e. The contracWr must notify each labor union or represrntative of workeis with which it has e co]lecti�e bargaining
agreemen[ or other convact understanding thai the contractor is bound by the terms of Minn. Stat. § 363.073, of the
Mmnesota Human Rights Ac[ and is committed m take affirmative acUOn to employ and advance m employment
physically and menfally disabled persons
Rr 3116/04 Pag<3oi6 SCAO/Maz�aConvanForto(noncwmologyrelatrd)
��-31�'
'J. Consequeoces. The consequences for a coniractOr's failure m implement rts affirtnazive action plan or make a good faith effort to do so include,
but are not limited to, suspension or revocatlon of a certificate of comoliance by the Comxnissioner, refusal by ik�e Commissioner W approve
subsequecit plans, and termination of all or part of this contract by the Co�nissioner or the STA1'E.
E. Certification. CONTRACTOR hereby certifies thaz it is in wmpliance with the requiremenis of Minn. Stat § 363.073 and Minn. R. Parts
500034Q0-50003600 and is aware of the consequrnces for non-compliance.
XIV. WORKF.RS' CQIVIPENSATiON. In accordance with 8�e provrsions of Mim�esota Starutes, Section 176.182, as enacted, ik�e CONTRACI'OR stiall provide
acceptable evidrnce of comoiiance wiffi rhe workers' compensztion insurmice co�ecage requicement of Minnesota Shewtes, Section 176.181, subdivision 2, az
enacted, prior to co�un„rncement ofany duria to be performed under this contract
XV. ANTTTRUST. CONTRAC7�OR hereby assigns to the S1ate of Minnesota any and all ctaims for overcharges as to goods and/or services provided in connec4on
vnth if�is comractresuiting fmm ann4ust violacions which azise under the antihust laws of the linited Siates and the antittust ]aws of ihe State of Minnesota.
XVI. OTHE2 PROV LSIONS.
A Warnnties.
Originai Works. In pecforming its ohligabons hereunda', CONIRACTOR will not use or inco}porate any trade secret infortnat�on or
copyrignted worics o{ authotship of COidTRACTOA or of any thitd party, and except far components atready m the public domain, all
sofhvare, documentatlon, infomtation and other matenats prov�ded or fumished by CONTRACTOR m perfortmng the dutles under this
contract will be original and will not violate or mfringe upon the nghts of any third party.
2. Professional Services. CONIRACTOR represents and wamu�u m the STATE that �t has the proper traimng skitl and bukgound so es
m be able to perform all servicu required of CONIRACTOR pursuant to this contract m a competent and professional rnanner, and atl
such work shall be of professional qualiry.
3. Mutual Representations and Warranties. CONTRACTOR and the STATE each represent and wazrant to the other that a) it has the
full right, power and authonty to enter inm this conhacT and to perEmm fully all of its oblig�e4ons hereunder; b) i[ is free of any obliga4on
or restriction that would prevrnt it frnm entering into this convact or from performing fully any of its obligations hereunder; and c) it has
not entered into and w�ll not rnter mro aay conuact wfich would impede the fu11 perfo{mance of its obliga4ons hereunder or would in any
way hm�t or restrict the nghts of the other imder this contract
S. Patent and Copyright Indemnity. Without limiung section X, CONTRACTOR shall inderzmify [he STA1'E and hold it hazmless against any claim
that the work perfonned a material provided hereunder infringes or violates the pa[ent, copyright, or 4ade secre[ righu of any third party.
CONTRACTOR shall pay any and all resulting coste, eapeases (includmg attomey's fees), damages ancUos lia6ilitiu assoeiated with or iesuti�ng fr¢m
any such claim.
C. Injunctive ReiieP. Without limiting section X, CONTRACTOR actmowledges that the STATE wil] be irrepanbly hattned if CONTRACTOR'S
obligations under sections XII, MII, and XVII.B. of tfis contract are not specifically enforced and thaC the STATE would not have an adequate
remedy at law m the event of an actuat or threatened vio7ation by CONCRACTOR of its obUgat�ons. Therefore, CONTRACTOR agrees that the
STATE shall be entitled to an m�unc[ion or any appropnate decree of specific perFormance for any actual or threatened �iolahon or breach by
CONTRACTOR vnthout the necessiry of the STATE shovnng actual damages or tha[ monetary damages would not affmd an adeqvate remedy.
CONTRACTOR shall be liable to the STATE for reasonable attomey's fees incuned by the STATE in obtaining any rel�ef pursuant to this
section.
D. Relationship of the Parties. CONTRACTOR is an independent conrmctor and shall not be deemeA for any putpose to be an empioyee of the
STATE CONIRACTOR understands and agees that the STATE is not withholdmg any taces from the fees paid to CONTRACTOR pursuant to this
contract and that CONIRACTOR is soleiy responsible for any taees and oiher aznounts [o be paid as a result of the fees paid to CONf'RAC'COR
pursuant to [his contract. Neither CONCRACTOR nor the STATE shall have the right nor [he authoriTy to assume, create or incur any liabliTy or
obUgahon of any kind, eapress or �mphed, agamst or m the name of or on behalf of the other.
Rev 3/16I04 Pageaof6 SCAO/ManaComrx�FOrm(nonscLiwiog9roWxcd)
.
•. - .
E. Consent to Release of Certain Data. Under Minn. Stai § 270.66 and other applicable law, CONTRACTOR consenis w disciosure of its social
, securiTy nvcnber, fedemt employer tax identification nuxnber, and/ar Minnesota t� identification numba, akeady provided to H�e STATE, to fede�al
and state tax agencies and sfate peisonnel involved is the payment of state obligahons. These idendfication numbers may be used m the enforcement
of federzl and state tax laws which coutd result in action requirmg CONCAACTOR to file siNe tax retums and pay delinournt siate taC liabilities, if
arry.
F. Pubtiaty. Any pub7icity regarding tf�e subjut matter of this contract must idrntify the STATE as the sponsming agency and must not be
released without the prior writtrn anproval from the STATE'S Authonzed Representative. For pucposes of thts provision, pu6licity inctudes
novices, informavonal pamphlets, press mleases, research, reporCS, signs, and similar pub7ic notices prepared by or for CONTRACTOR
individually or ]ointty vriYh others, or any subcontractors, w�th respect to the progrnm, publications, or services provided resulting 'vom this
contract Notwithstanding �anything in this contract m the contrary, either party may disclose m the pubiic the existence oi this contract, the
parties to the contract, and the matenal terms of the contracy including price, pro�wted tettn, and scope of work.
G. Endorsement CONTRACTOA must not daim that the STATE endorses its products or services.
H. Notices. Any wntten notice hereunder shall be deemed m ltave been received when: (A) personally delivered; (B) sent by conf¢med facsimile
uansmission or telegam; (C) sent by coccm�ercial ovemight couner with wnuen verification of rece�pt; or (D) seventy-two (72) hoins after it has been
deposited in the United Staies mail, fixst c7ass, proper postage prepaid, addressed io the parry N whom it'ss intended at (1 } She address fiist set forth
herem, if to CONIRACTOR, (2) at the address first set forth herein, if to the STATE, with a copy m Legal Counsel Ihvision, 145 Mmnesota Judicial
Crnter, 25 Ftev. Mariin Luther King, Ir. Blvd, SC Paul, MN 55155; or (3) at such other address of which written nonce has been given m accordance
herevrith.
Non-Exclusivity. This coniract shall not preclude CONTRACTOR from developing materiais ouiside tt�is contract that are compenUVe, itrespective
of their si*mlarity to materials delivered ro fl�e STATE under tfis contract; provided, however, that such materials prepared by CONTRACTOR shall
not violate the nondisclosure and mtellectual properiy prov�sions of fhvc contract Nothmg in this contract shall 6e construed as precludmg or iimiting
m any way the right of CONTRACTOR to prov�de sernces of any ldnd to any person or enhTy as CONTRACTOR m its sole discretion deems
appropnate.
Miscellaneous.
1. The provisions of secnons VII, X, XI, XR, XIlI, XVI, and XVII shall survive any cancellanon or terminat�on of tt�is conuact.
2. The failure by either Pariy at any time to enforce any of the provisions of this contract or azty ngh[ or remedy available hereunder or at
law or m equiTy, or to exerc�se any opl�on hecein provided, shall not ConstiNte a waiver of such provision, right, remedy or opbon or
in any way affect the validiTy of this contract The warver of any deiault by either Party shall not be deemed a conanumg waiver, but
shall apply solely to the instance tn which such wa�ver is directed.
3. 'Ihis contract shall in all respects be govemed by and interpreted, consWed and enforced in accordance with the laws of the Umted
Sta[es of America and of the State of Minneso[a, wi[hout regazd to Minnesota's cho�ce of law prov�sions. Any action ansmg out of or
relating tq this conhact, its performance, enforcement or 6ceach witl be venued in a state or fedetal court situated withm the SYa[e of
Mmnesofa. WNTRACTOR hereby mevocably wnsents and submus itself to the personal Junsdmtion of said courts for that
purpose.
4. Every provision of this contract shall be construed, to the extent possible, so as to be valid and enfomeable. If any provision of this
conaact so canstrued �s held by a court of competent jurisdicdon w be invalid, illegal or otherwise unenforeeable, such provision
shall be deemed severed from this contract, and all other provisions shall remain in full force and effect
5. This contract sets forth Ihe entire agreement and understanding between the Pames regardmg the subject matter hereof and
supersedes any prior representanons, statemrnts, proposals, negotiations, discussions, understandings, or agreements regarding the
same sub7ect matter; prov+ded ihat all tecros and condirions of atl preexishng conuacts or ageements betwern the pames shali
connnue in full force and effect except as supplemrnted or modified by this con4act. In [he event of any incons�stency or conflmt
behuern the terms of this conhact and any other agreemen[ between the pames, the tertns of this contract shall govem.
Rev 3116/04 Page5of6 SCAO/MazterCOntraclFo(m(nomachnoio�mlazed)
_ U6-31 B
�IN WIINESS �✓HET2EOF, the parties have caused this contract to be duly �ecuted intending to be bound thereby.
1: CONIRACTOR: 2.STATE:
CONTRACTOR ceitifies that the apQroonate persons have executed p��y.��mgcwtifiestlntapplicabieprocuremrntpotic+eshavebea�
the contract on bekialf of CONTRACTOR followed. VJhere contract and amrndments �cceed 550,000, si�nanne of
as requireA by appLcable articles, by-laws, resolutions or ordmancu. Stare Court Adminishamr or hedhis DepvTy is also reouired.
(If a corporetion with more than one individual semng as corporate
ofncer, two coryomte o�cers must ececute)
By ' /^ . /")
Y L!'1 /� .r�/ V / �
Title `�' Y �
Date �j " � � r
(reserved)
(reserved)
3. Funds ttave been mcumbered as reqmred by S[ate Court Finance Policy by:
By
Title
Dafe
ContraCl No.
By
Title
Date
as to fortn and execu6on for STATEby:
g� �/��pp Page6of6 SCAO/Maz�aCO�rcrecvForm(no.�tahnologyxiattd)
o6-3i8
,
By:
��US-1 '] � /.�
Titie: Financial Services Director
Date: �(����
�
Titl
Date: � ' / � ' �
.
�. .
IN WI'CNESS W AEREOF, tAe p��es fi%ve cau5ed this contract lo be duly executed intending to 6e 6ound thereby.
2. STATE:
1. COA'TRACTOR:
CONTRACTOR wrtifies chat ihe appropriate persons have executed py�sonsi�ingcertifies thatappUcableprocure,nentpohcies have6een
[he contract on behalf of CONTRACTOR followed. VJheee contract end amendments exceed SSq000, sio a[ure of
u required by appiicable artic4es, by-lawt, resolut�o�s or ordinances. State Court AdminisVator or her/his Depury a also reqwred.
(If a corporation with more than one individual serving as corponre
officer, nvo coiporate officers must execute)
�
BY �'�. cr- Z� . ��-.:-_
Tide �, � L S'�-� t C "� 7R f� 1'u �NiSTRrAT�f'C
Date °j .- 2 `-� " O 6
Tille � �
Date /S/O`7
ContraclNo. L��. ��
4. Appro�ed as W fortn and execunon for STATE by.
By ���
Tide �LO Lzt.'�si?ii ��� � �
oa�e �— �'OS
a
3. Funds ha�e been enwmbered az required by State Court Finance Po�icy by.
By _
.
•� •
STATE OF MIl�NESOTA _
• INTER/INTRA AGENCY GRANT CONTRACT ±i���'` �'� ��"
` " - V �-
This giant conhact is between the State of Minnesota, acting through its Commissioner of Publio'Safetv. Office of Justice
Pro2cams 444 Cedar Street Suite 100. St. Paul. MN 55101-5100 ("OJP") and Minnesota Sunreme Court. Second Judicial
District 1500 West Kellog� Boulevard 1700 Courthouse St. Paul. Minnesota 5�102 1700 ("Grantee")..
Recifals
1 UnderMinn. Stat_ §& 4.075 and 299A01. Subd 214), the QJP is empowered to enter into this gant contract.
2 The Grantee represents that it is duly qualified and a�ees to perform all services described in this grant conhact to the
satisfaction ofthe O7P.
3 Fedeial funds for this gant contract aze provided from the Ommbus Crime Contrvi and Safe Streeu Act of 1968, as
amended, for the purpose of enhancing and improving the efficiency and effecriveness of the crinvnal justice system
and from the U.S. Departrnent of Tiansportation's State and Community Highway Safery Progam £or pmject number
OS-03-15.
4 The OJP is in need of a proj ect that will implement inclusion of suhstance abuse issues when working with defendants
of impaired driving offenses.
Grant Contract
1 Term of Grant Contract
T.1 Ejjecdve date. November 1. 2004. ot the date the O7P obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later. Onca this grant contract is fully executed, the Grantee may
claim reimbursement for expenditures incurred pursuant to Clause 4.2 of tlus grant contract. Reimbursements will
only be made fnr those �penditures made according to the terms of this gcant contract.
12 ExpiraHorz date October 31. 2005, or unril all obligations have been satisfactorily fulfilled, whichever occurs
first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this gant conhact: 8. Liability;
4. State Audits; 10. Government ➢ata Practices and Intellectual Properry; and 11. Publicity and Endorsement.
2 Grantee's Duties
2.1 The Grautee will perform all of the duties and tasks specified in the Grantee's grant application for this program,
which is on file with the O7P and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota.
22 The Grantee will submit written reports to the OJP 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 07P's Authorized
Representative after consultation with the Office of Traffic Safery (�TS).
' 2.3 The Grantee will compile a final report including a detailed evaluation of each objecrive outlined in Grantee's grant
application referenced in Section 2.1. The Grantee will report on lessons learned from implementing the program
and successes of the project.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of flus
gant contract, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The 07P will pay for all services perfotmed by the Grantee under this gant contract as follows:
(1) Compensatian. The Grantee will be reimbursed an amount not to exceed $174,759.00, according to the
breakdown of costs wntained in E�ibit A, which is attached and incoipoiated into this grant contract. The
Grantee will submit a revised budget for any deviation of at least 10% or $200.00, whichever is geater,
between approved budget lines in Exhibit A and the revised hudget must be approved by the 07P's Authorized
Representative after consultation with OTS before any expenditures can be made based on the revised budget.
(2} Trave! Expettses. Reimhursement foz havel and subsistence expenses actually and necessarily incurred by the
Grantee as a resuk of this gznt contract will be paid in the same manner and in no greater amount than
Bymeinteragency (10/04)
07P Giant Number 2005-DGCT-00286
�-318
(3}
(4)
provided in the current °Commissioner's Plan" promuigated by the commissioner of Employee Relations
which is incorporated into this gru�t contract by ieference. The Grantee will not be reimbursed for travel and
subsistence expenses incurred outside Minnesota unless it has received the OJP's prior written approval for out
of state travel. Minnesota will be considered the home state for determining whether travel is out of state.
Mauhing Requirements. (If Appficable.) Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Grnntee: $59.650.00:
Total Obligatiox. The total obligarion of the 03P for all compensation and reimbursements to the Grantee
under this �ant contract will not exceed �174.759.00; based on the following breakdown of $ l OQ.000.00 from
November 1, 2004 through September 30, 2005, an additional $74.7 9.00 from November 1, 2004 through
October 3l, 2005. Funds available through September 30, 2005 but not expended by the C�rnntev by
Septembez 30, 2005 willbe canceled.
4.2 Payment
(1) Invozce.r. The 07P will promptly pay tbe Grantee after the Grantee presents an itemized invoice for the services
actually performed and the OIP's Authorized Representarive accepts the invoiced services. Invoices must be
submitted timely and according to the following schedule: Itemized invoices will be filed in arieazs at least
quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for
services satisfactorily performed.
Expenditures for each state fiscal year of this gcant contract must be for services performed within the
applicable state fiscal year. Every state fiscal year begins on 7uly 1 and ends on June 30. The final invoice
Qertauunt to each state fiscal vear of this sant contract must be received bv 3uly 31 of that calendar vear.
Reimbursements from the next fiscal �earfsl mav commence on or after Sulv 1 of that calendar vear. The finai
invoice for $100 000 00 that is available &nm November 1 2004 tlu�oueh Seotember 30 2005 must be
received b�November 15 2005 The finai invoice must be received no later than 45 davs after the ceniradon
date of this erdnt contract. �
4.3 Federal requireraents. (Where applicable, if blank this section does not apply)
Payments under this grant contract will be made frnm federal funds obtained by the State through CFDA 16.579,
20.600 and 20.601. The Grantee is responsible for compliance with all federal requirements �mposed on these
funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to compiy
with federal requiremants.
'I'he Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget
Cireular A-133. An explanatton of the Federal Audit Requiremenzs is attached and incorporated and made a part
of this grant eontract. See E�ibit B.
The Grantee shall submit to the OJP one copy of all reports and proposed publications res�ilting from this
agreement tUirty (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 OJP's expense, shall contain the following statement.
"This proj ect was supported by Grnnt No. 2004DB-BX-OQ53 awarded by the Bureau o£ Justice Assistance. The
Bureau of 3ustice Assistance is a component of the Office of Justice Progra��> whicfi also includes the Bureau of
Justice Statistics, the National Institute of Justice, the Office of Juvenile Jusrice and Delinquency Prevemion, and
the Office for Victuns of Crime. Points of view ar opunons in this documeat aze those oi tne aufnor and do not
sy� mc���y (toioa�
OJP Gcanx N�unber 2005-Dt3CT-00286
Funds will be deposited to the Grantee's account:
06-3 ► 8
represent the official position or policies of the United States Department of Justice."
The Grantee will not use these fiwds to operate a"pay-to-sta}�' prog in any local jail nor will the Grantee
subaward funds to local jails wluch operate "pay-to-sta}�' programs.
The Gran�ee agees to comply with 28 CFR Part 23 ii fedetal funds aze used to support criminal intelligence
��-
The Grantee agrees to comply with the financial and m;ni�tive requirements sex forth in the cuirent edition of
the Office of 7ustice Progiams (OJP) Financial Guide.
The Cnantee assures that federai funds made available under this arant contract will not be used to supplant state or
loaal funds but will be used tv increase the amounts of such funds that would, in absence of federal funds, be made
available for criminal justice activities.
The Grantee will not use any federal funds, either indirecfly or direcdY� ��PPort of the enactment, repeal,
modification, or adoption of any law, regulation or policy, at any level of govemment, without the express prior
written approval of 07P.
The Grantee agrees to comply with the confidentialiiy requirements of 42 U.S.C. section 3'789g and 28 CF.R. Part
22 that aze applicable to collection, use, and revelation of data or information.
The Grantee will comply with the ininimum wage and max;mum hour provisions of the Fedezal Pair Labor
Standards Act
The Grantee will establish safe},niards to pmhibit employees from using their posirions for a purpose that is or gives
the appearance of being motivated by a desire for private gain foz themselves or others, particularly those with
whom they have £amily, business, or other ties.
The Grantee assures that in the event a Federal or State court or Federal or State administrarive 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 Grantee or its subcontractors, the Grantee will forward a copy of the finding to the OJP.
The Grantee assuies 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 Juveflile Justice and
Deiinquency Prevention Act, or the V iczims or Crime Act, as appropriate, the pmvisions of the caurent edition of
the Office of Sustice Prog�aws Financial and Administrative Guide for Grants, M7100.1; and all other app�icable
Federnl laws, ordecs, circulazs,,orregulations.
The Grantee will comply with the provisions of 28 CFR applicable to gants and cooperative agreements including
Part 18, Administrative Review Procedure; Part 20, Criminal7ustice Information Systems; Part 22, Confidentiality
of IdentifiableResearoh and 5tatisticalInformation; Part 23, Criminai Intelligence Systems Operating Policies; Part
3Q Intergovernmental Review of Department of dustice Programs and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Fioodplain Management and Wetland Protection Procedures; and Federal laws
or regulations applicable to Federat Assistance programs.
The Grantee assures that it will comply, and all its subcontractors will comply, with the nondisc �rL�nation
requirements of the O[nnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or
Viciams of Crime Act (as appropriate); Tifle VI of the Civii Rights Act of 1964, as aznended; Secrion 504 0 1990
Rehabilitation Act of 1973, as amended; Suhtifla A, Tide II of ihe Americans with Disabiliries Act (ADA) ( );
Tit1e.IX of the Education Amendments of 1972; the Age Discriminarion Act of 1975; the Department of 7ustice
Non Discriminarion Regulations, 28 CFR Part 42, Subparts C, D, E and G; and DeQartment of 7ustice regulations
3
Byma tnteiagency (10l00.)
OJP Gant Number 2005-DGt'P-00286
D�-318
on disability discrimination, 28 CFR Part 35 and Part 39.
T'he Grantee certifies that the Grantee has a current safety belt use policy.
This grant contract is subject to all applicable federal and state statut� and regulations, including, but not limited
to the following:
1) 28 CFR Part 69, New Restrictions on I.obbying, and 28 CFR Part 67, Govemment-Wide Debarment and
Suspemsion and Govemment-Wide Requirements for Dmg-Free Workplace through the submission of a
certification form committing the Grantee to compliance.
2) 28 CFR 42302 etsea. through the submission of a c�tification form regarding the Grantee's Equal
Opportunity Employment Plan compliance. The Grantee will provide an Equal Employment Opportuniry Plan if
required to maintain one, where the application is for $500,000 or more.
3) 28 CFR P art 46 and all federal O�ce 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 collecrion, use, and revelation of data or
information. Grantee fiuther agrees to submit a Privacy Certificate that is in accord with requiremants of 28 CFR
pazt 22 and, in particular, section 22.23.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the O7P's satisfaction, as
determined at the sole discretion of the OJP's Authorized Representative after consultation with OTS and in
accordance with all agplicable federal, state, and Iocal laws, ordinances, rules, and reguiations. The Grantee will not
receive payment for work found by the OJP to be unsatisfactory or perfotmed in violation of federal, state, or local law.
6 Authorized Representaiive
The OJP's Authorized Representative is Kristin Lail Grant Specialist Coordinator 444 Cedar Street, Suite 100. St.
Paul MN 55101-5100. 651-2843_324, or his/her successor, and has the responsibiliry to monitor the Grantee's
perfoimauce in collaboration with OTS and the authority to accept the services provided under this gant contract. If
the services aze satisfactory, the OJP's Authorized Representarive will certify acceptance on each invoice submitted for
paysnent.
The Grantee's Authorized Representarive is L�� Dease 7udicial District Administrator 15 West Kelloe�Boulevard.
1700 Courthouse St Paul. MN 55102, 651-266-8276. If the Gtantee's Authorized Representative changes at any time
during this gcant contract, the Grantee must immediately notify the OlP.
Assigament, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the 07P and a fully �ecuted Assignment Agreement, execuiced and approved by the
same parties who executed and appmved this �ant contract, or their successors in office.
7.2 .4mendments. Any amendment to this grant contract must be in writing and will not be effective until it has 6een
executed and approved by the same paities who executed and approved the original grant contract, or their
successors in office. Minor changes in the tasks included in this gant contract may be made if requested in writing
on bet�atf of the Grantee and if approved in writing by OJP' Authorized Representative after consultation with
OTS. Changes requiring the approval of the U.S. Depaztrnent of Transportation or resulting in reimbtusement
claims in escess of $174,759.Q0 are not minor changes.
7,3 Waiver. If the 07P fails to enforce any provision of this gant contract, that failure does not waive the provision or
its right to enforce it.
7.4 Grant Contract Camp(ete This �'ant contract contains all negotiarions and a�eements between the OJP and the
Grantee. No other understanding regarding this grant contract, whether written or ora1, may be used to bind either
P�5'•
8 Liab�7ity
The Grantee and the O.TP agree that each party will be responsible for its own acts and the iesults thereof to the extent
6yme Interngency (10/OA)
07P Gcant Numoer �nns_D ,('t'-00286
oC�-3 � �
authorized by law and will not be responsble for the acts of others and the resutts thereof. The Grantee's and the
OJP's liability will be governed by the provisions of the Minnesota Tort Claims Act, Ivlinn. Stat § 3.736 and other
applicable law.
4 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
prnctices relevant to this grant conttact are subject to er.amination by the OJP and/or the Legislative Auditor for a
minimum of six years from the end of this gant contract.
10 Government Data Practices and Intellectual Property
10.1 Government Data Practices. The Grantee and the 03P must comply with tke Minnesota Govemment Data
Pnctices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the OJP under this �ant contcact, and as it
applies to all c3ata created, collected, received, stored, used, ma?ntained, or disseuiinated by the Grantee under this
grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refesed to in this clause by
either the Grantee or the OJP.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify
the 07P. The OJP will give ttxe Crrantee inshuctions conceming the release of tfie data to the requesting party
before ffie data is released.
102 Intellectual Property Righis. All reports, studies, photogaphs, negatives, computet pro�azns or other
documents prepared by the Giantee in the perfora�ance of its obligarion under this grant contract shall be the
exclusive property of OJP and OTS. The Grantee may continue to use the materials to promote highway safety,
but may not sell or offer for sale any physical or electronic documents developed under this gant comcact, unless a
plan to record such sales and make the proceeds available for traffic safety purposes is approved by OTS.
11 Publicity and Endorsement
11.1 Publicity. Any publiciiy regazding the subj ect matter of this grant conhact must identify the OJP as the
sponsoring agency and must not be released without prior written approval from the 07P's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, pzess releases,
reseazch, reports, signs, and similaz public notices prepared by or for the Grantee individuaily or joindy with
others, or any subcontractors, with respect to the program, pubfications, or services provided resulting frnm this
gtant contract.
11.2 Endorsement The Grantee must not claim that the OJP endorses its products or services.
12 Termination
12.1 Termination by tke OJP. The OJP 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 paymezrt, determined on a
pm rata basis, for seivices satisfactorily performed.
12.2 Termina�ion for Insufficietct Funding. The O.TP may ammediately tPrniate this grant contract if it does not
obtain funding &om the Minnesota Legislature, or other funding source; or if funding cannot be continued at a
level sufficient to allow for the payment of the services covered here, If for any reason OJP is prolubited in any
way from using such funds to reimburse the Giantee for any of the costs set forth herein, then this giant conhact
st�all be null and void and OJP shall have no direct or induect obligation to reimbuise the Grantee. Teimination
must be by written or fas notice to the Grantee. The 07P is not obligated to pay for any sezvices that are provided
a8er notice and effective date of term;nation. Elowever, the Grantee will be entitled to payment, detemvned on a
pro rata basis, for services sarisfactorily performed to the excent that funds aze available. The OJP will nqt be
assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or
other funding source, not to appropriate funds. The 07P must pmvide the Grantee norice of the lack of funding
within a reasonable time of the 07P receiving that notice.
Byme Intera8ency (10/04)
O7P Grant Num6er 2005-DGCT-00286
� I �
12.3 TerminaSon for Failure to Comply. When OJP finds that there has been a failure to comply with the provision of
this gant conuzct or with the provisions of the incorponted Extribiu or that +he purposes for the funds have not
been, or will not be fuifilled, notwithstanding anY other provisions of this gant contract to the contsary, OJP may
take such action as it deems necessary and appropriate to protect the interest of the State of M3nnesota, including
the refusal to disbuise addirional funds and requiring the repayment of any funds already disbursed.
13 Equipment
13.1 Purchase of Equipment Any equipment purchased under this gmnt contract shall be used primarily for traffic
safety putposes during the life of the equipment. The Grantee may not deviate from this requirement and may not
dispose of any equipment unless it has first obtained permission from 07P after consuitation with OTS. Only
equipment specified in this �ant cofltract may be purchased.
13.2 Responsibility for Equipment The Grantee shall be responsible for all operating, maintenance, and repair costs
of equipment purchased under this �ant contract unless otherwise specified. Tit1e to equipme:it aeauird unde:
this gant contract shall vest upon the Grantee.
1. ENCUMSRANCE VERIFICATIOPi
lndividva! certiftes that fundr have been encumbered as
required by MirdA�������•
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Signed:
Daze:
CscantContractNo.�� 9300-t346l2005d�ct-00286
3. OPFICE OF NSTICE PROGRAMS
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TiUe
Date:
2. GRANTEE
The Grantee certlfiu that the approprsute persors(a)
have exea�ted the grant convact on behalfaf the Grantee as
required by applicable siabde or delegauon..
By: Q�w✓'w.mu � //v�'e
TiUe: J� d`d"1�G� A0r4�ilN1�2�! i o2
Date: l — G � 8'T
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Title:
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Dimiburion:
DPSfFAS
Grentee
O.IP's Authociz�l Repiesenraave
SymeImemgency (10f04)
OJP Grenc Number 2005-nGCf-00286