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06-36Council File # ��" ��p Green Sheet # 3028997 RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: 3q Committee:Date: WEiEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota Department of Public Saiety for the Gang Strike Force; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, this grant provides funding for participafion in the statewide Gang Strike Force; and THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter iuto, and Chief John Harrington to implement the attached grant agreement, which includes an indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. 28 29 30 31 32 33 Yeas ✓ ✓ Y Adopted by Conncil: Date: Adoption Certified by Council By: Approved by Ma . ate• � (oY (� By: Q:1FiscalWO&CR�2005\Strike Force Grant-2006.cr2005.xis Requested by Department of: By: � �� � �0��� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � n _�tr DepartmenUofficelcouncil: Date Ini6ated: u� �� PD - policeDepaztmerit o�-�� Green Sheet NO: 3028997 ConWd Person & Phone- Deoartrnent Sent To Person Initial/Date ChiefJohnHarri(Igton � 0 oli De a ent 2665588 pssign I oGceDe a ent D arhnentDirec[o Must Be on Council Agenda by(DSte): Number y nan i 1 Se 'ces ¢ Fnan ial For ✓ ROUting 3 Attome Ci Attome Order 4 a or• Offic a o)A sistan[ 5 ouncil Ci Council 6 CI rk i ler 7 oliceD artmrnt Po{iceD artment . Total # of Signature Pages _(Clip NI Locations for Signature) s „ Action Requested: ' e.�� Signatures on the attached council resolution authorizing the Ciry of Saint Paul to enter into a grant agreement�ivi the State of Minnesota for the Gang Sirike Force. � ?�, ?��5 �rr��� '�-' � � � �1 1 Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Ques o: Planning Commission �. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessetl by any oarrent ciry employee? Yes No Explain ait yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, WAen, Where, Why): Authoriza6on is needed to enter into an grant agreement with the State of Minnesota for the Gang Strike Force. For more information regazding this council resolution (Please give Amy Brown a call at 651-266-5507). AdvantageslfApproved: Crrant funding for the Saint Paul Police DeparimenYs participation in the statewide Gang Strike Force. Disadvantages If Approved: pr��� � None. e �� �i� �E;� 2� 2005 DEG 2 3 2005 DisadvantageslfNOtApproved: � OFFiCE ���� � g g ����� Loss of Gang Stxike Force grant funding. Total Amount of !1r1 Transaction: 28-p�00 CostlRevenue Budgeted: Funding Source: State Of MlnileSOt2 Activity Number: 34155 Fi nancial Information: (Explai�) STATE OF NIINNESOTA GRANT CON'I'RA CT �- �o This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety. Office of Justice Pro�,rams, 444 Cedaz Street. Suite 100 St Paul MN 55101-5100 ("State") and Citv of St Paul. Police Department 367 Grove Street. St PauL Minnesota 55106 ("Grantee"). Recitals 1 Under Minn. Stat. § 299AA1. Subd 2(,4�, the State is empowered to enter into this gant contract. 2 The Grantee represents that it is duly qualified and agrees to perform all setvices deseribed in this grant contract to the satisfaction of the State. 3 State funds for this grant contract aze provided in Laws of Minnesota 2005, Ghapter 136, Article l, Section 9, Subd. 6 for the purpose of funding the combined operations of the Crinrival Gang Strike Force and Narcotics Task Forces. The State is responsible under Minn. Stat. § 299A.641 for administra6on of funds for the organization and operation of the Gang and Drug Oversight Council (Council) and the combined operations of the Criuvual Gang Strike Force and Narcotics Task Force. 4 The State is in need of services that fulfill this purpose. 1 Term of Grant Contract Grant Contract 11 Effective date. 7anuary 1. 2006. or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, wluchever is later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditiu�es incurred pursuant to Clause 4.3 of ttris gcant contract. Reimbursetnent will only be xnade for those expenditures made according to the tem�s of this gant contract. 1.2 F.xpiration datz December 31. 2006, or until all obligations have been satisfactorily fulfilled, wtuchever occurs fust. , 13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; l0. Goveimnent Data Practices; 12. Publicity and Endorsement; 13. Governing I,aw, Jurisdiction, and Venue; and 15. Data Disclosure. Grantee's Duties 2.1 Activities. The Grantee, who is not a state employee, will perform all of the duties and tasks specified in the applicable Request for Proposal and the Grantee's gzant application for this program, which aze incorporated by reference into this grant coniract and aze on file with the State and located at 444 Cedaz Street, Suite 100, St. Paul, Pvlinnesota. Grantee sha11 also comply with a11 prograzn standards, which are hereby incorporated by reference into this grant contract and made a part of this grant contract. Grantee will sign a joint powers agreement that addresses common issues including but not limited to: purposa, scope of work, work location, commaud structure, terms of participation, and use of forfeited assets. 2.2 Reporting Require�nents. Grautee shall report to the State as specified in the Office of Justice Program's Grant Manual, wluch is hereby incorporated by reference into this grant contzact and made a part of this grant conhact. (1) Financial RepoKing. Grantee shall submit a financial reporting fonn to the State utilizing the £ormat 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 accomplishment of the program goals and obj ectives within 30 days after the end of reporting period. (3) Other Requirements. Grurtee shall submit such other reports and attend meetings and training as State shall reasonably request. (4) Evaluation. State shall have the authority, during the course of this grant period, to conduct an evaluation of the perfonnance of the Crantee. (5) Requirement Changes. State may modify or change all reporting fom�s at their discreflon during the grant period. (6) Special Requirements. The State reserves the right to include in the grant, at any time during the term of the NGTF State Funding (11/OS) Meffo Crang Strike Foroe 06 O]P Grant Number 2006-MGSF-00286 f� 3� grant, speeial admiuistrative requirements deemed necessary to assure the Gran£ee's successful implementation of the prograzn. The State will notify the Grantee in writing of any special administrative requirements. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the perforn�ance of this gcant contract, fime is of the essence. Consideration and Payment 41 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $280.000.00, according to the breakdown of costs contained in EJChibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to E�ibit A as described in Section 4.2 (2) of this grant contract and the revised budget must be approved by the State's Authorized Representative before any eacpenditures can be made based on the revised budget. (2) Travel F�penses. Reimbursement for havel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be paid in the sazne manner and in no geater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this grant contract by reference. The Grantee wiil 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 travel. Muuiesota will be considered the home state for detennitung whether travel is out of state. (3) Tota1 Oblig¢tion. The total obligation of the State for atl compensation and reimbursements to the Grantee under this grant contract will not eacceed $280,000.00. $140,000.00 is available from 7anuary 1, 2006 through Sune 30, 2006. Funds not expended by the Crrantee for this progiam tlu June 30, 2006 will be available in the following state fiscal year of this grant contract. $140,000.00 is available from July 1, 2006 through Aecember 31, 2006. 4.2 Fiscal Requirements. C3rautee shall report to the State as specified in the Office of Justice Program's Grant Manual. (1) Financial Guide[ines. Grantee shall comply with all policies, procedures, and provisions applicable to each source of funding received. Grantee shall comply with the current Office of 7ustice Progcam's Grant Manual. No funds will be disbursed for activities not identified in the goals and objectives or work plan submitted on the grant applicarion forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. (2) Budget Revisions. 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 approval of a budget amendment is necessary if a) a line item will deviate by $200 or 10%, whichever is higher, from the approved budget, or b) a new line item that was not part of the approved budget will be created. (3) Clnseout. Grantee shall have unti130 days after the Expiration date of this grant contrdct, to submit a report of all funds and interest received and disbursed. If a report is not submitted within this time period, expenses claimed on the report may be disallowed and the State may request a refund of those monies from the Grantee. (4) Records. Cnantee shall retain all fmancial records for a minnnum of suc (6) years after the date of submission of the final financial status report, or until completion of an audit which has commenced before the expiration of this six-year period, or until any audit findings andlor recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 43 Payment Invoices. The State wi11 promptly pay the Cnantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Repzesentative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at least uq arterly but not more ofren than monthlv and within 30 days of the ueriod wvered bv the invoice for services satisfactorily nerformed NGTF State Funding (I I/OS) Metro Crang Strike Focce 06 OJP Grnnt Number 2006-MGSF-00286 �- . Final mvoice�ertaining to the fust state fiscaiyear of this �rant eontract must be received bkJulv 31 2006 Reimbursements from the second state fiscal year may commence on or after 7utv 1 2Q06 The final invoice pertaininQ to the second state fiscal year of this Qrant confsact must be received within 30 days after the Expiration date of this ¢rant contract Expenditures for each state fiscal year of this grant conhact must be for services performed within the applicable sfate fiscal vear Every state fiscal vear be�ins on 7u1_y 1 and ends on June 30. 4.4 Federal requiremenu. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA The Giantee is responsible for compliance with all federal requiremenis imposed on these funds and accepts full financial responsbility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as detecmined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, niles, and regulations. The Grautee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. Authorized Representative The State's Authorized Representative is Jesse Standal. Grants Specialist IntenmediaYe. Office of Justice Programs. 444 Cedar Street. Suite 100. St. Paul. Minnesota 55101-5100. (651) 284-3208 or hisJher successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. ff the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Richazd Gazdell. Senior Commander. St Paul Police Aeoartment. 367 Grove Street. St Paul. Minnesota 55101. 651) 266-5954. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Conlract Complete 7.1 Assignment The Grantee may neither assign nor trans£er any rights or obligations under this grant contract without the prior consent of the State and a ful�y executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendment.s. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enforce any provision of this �ant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regazding this grant conffact, whether written or oral, may be used to bind either P�Y• 8 Liability The C,rantee must indemnify, save, and hold the State, its agents, and employees harniless from any claims or causes of action, including attomey's fees incurred by the State, arising from the perfoimance of this grant contract by the Grantee or the Grantee'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 ob&gations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract aze subj ect to exanvnation by the State and/or the State Auditor or Legislative NGTF State Funding (11/OS) Metro Gang Strike Force O6 OJP Gmnt Number 2006-MGSF-00286 CXo-3 � Auditor, as appropriate, for a m;nimum of six years &om the end of this grant conhact. 10 Government Data Pracfices The Grantee and State must comply with the Ivlinnesota Government Data Pracrices Ac�, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this gant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant conuact. The civil remedies of Minn. Stat. § 13.08 apply to the release af the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerniug the release of the data to the requesting party before the data is released. Il Workers' Compensation The Grantee certifies ihat it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantce's employees and agents will not be considered State employees. Any claims that may azise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third pazry as a consequence of any act or omission on the part of these employees aze in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of tl�is provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similaz public notices prepazed by or for the (3ravlee individually or jointly with others, or any subcontraetors, with respect to the program, publications, or services provided resuiting from this grant contract. 12.2 Endorsement The Grantee must not claun that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Terminafion 14.1 Termination by fhe State. The State may cancel this gant contract at any tnne, with or without cause, upon 30 days' written notice to fihe Grautee. Upon temiination, the C'Trantee will be entitled to payment, detenuined on a pro rata basis, for services satisfactorily performed. 14.2 Termination by the Grantee. The Grantee may request ternrination upon 30 day's notice to the State's Authorized Agent. Upon termu�ation the Giantee is entitled to payment for services actually performed and agrees to return any unused funds to the State. 14.3 Termination for Insufficient Funding. The State may immediately tenninate ttus gant contract if it does not obtaiu funding from the Mimiesota 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. Termination must be by written or falt no6ce to the Grautee. The State is not obligated to pay for any services that aze provided after notice and effective date of temiination. However, the Grantee will be entitled to payment, detennined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. T'he State will not be assessed any penalty if the grant contract is termuiated because of the deeision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. NG1F State Funding (I1Po5) Metro Gang Strike Fotce 06 OJP Gcant Number 2006-MGSF-00286 15 Data Disciosure ��� Under Minn. Stat. § 2'70.66, and.other applicable law, tYie Cnantee cons8nts to disclosure of its social security number, federal emptoyer tax identification number, andlor Minnesota taY identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state taY laws which could result in acYion requiring the Grautee to fi1e state ta�c retums and pay delinquent state tas liabilities, if any, or pay other state liabilities. 1. ENCL3MBRANCE VERIFICATION Individua! cerl�es thatfundr have been encumbered ¢s required by Minn. Stat �'§ 16A.15 and 16C.05. Signed: Date: Grant Contract No.: 2006-MGSF-00286/9300-1764 2. GRAN'TEE The Grantee cenifiet that the appropriate person(sf have erecuted the granl contract on beha[fof the Grantee ¢r required by applicab[e articles, bylaws, resalutions, or ordinances. By. TiHe: Date: By: Title: Date: By; Chief of Police Attorney 3. STATE AGENCY By. Title: Date: (with delegated authoriTy) Dis4ibution: Agency Grantee State's AufLorized Representative Title: Director, Financial Services By: Title: Mayor � Title: Director, Human Rights NG1F State Funding Q 1/OS) MeVO Gang Strike Force 06 O7P Grant Number 2006-MGSF-(10286 1 . �` �"�, 0 y @ m�, <� G� � � Fp� OFFICE OF JUSTICE PROGRAMS Grantee: St Paul Police Department Grant Number: 2006-MGSF-00286 Program Component: Gang Strike Force: Gang Strike Force EXHIBIT A � � j �� : � y,� 9 �4 Budget Category Award Personnei $280,000.00 Total $250,000.00