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06-586Council File # Presented By: Referred To: Committee:Date: WHEREAS, the City of Saint Paul, Police Department, has received a Juvenile Accountability Block Grant from the Minnesota Department of Public Safety; and 3 4 WHEREAS, this grant provides funding to improve the juvenile justice system; and 5 6 THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul 7 to enter into, and Chief John Harrington to implement the attached agreement, which includes an 8 indemnification clause. A copy of said agreement is to be kept on file and on record in the OfFce 9 of Financial Services. 10 11 12 13 14 15 16 17 18 19 =° 20 21 22 23 24 25 26 ; ,,�::u; :; 27 28 29 veas Nays Abserrt � Requested by Department of: B Bostrom Harris RESOLUTION CITY OF,�AINT PAiL, MINNESOTA Green Sheet # p - gb 3030948 l� ✓ Adopted by Council:Date: Adoprion Certitied by Council BY� ' � Approved by Ma • ate: 7�f p� By: Ap�froval Reco mended by Fina ial Services: By: "� Form�ved by City Attorney: � By: Council: QiFiscaIW08GR�2006WABG authorize grant agreement.cc2006.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �,!- n 1 _ C Q"{ _ DepartmeMlofficekouncil: � Date Initiated: - =Yl U �P -' v p pD - PoliceDepartmeut o2.,�N-� Green Sheet NO: 3030948 � ConWCt Person & Phone: Deoar6nent Sent To Person InitiallDate' Chief John Hartington � 0 o1i De ent 2 �� ` � Assign 1 diceDe a�tmeni Po' D aronent Must Be on CounCii /�qenda by (Date): Number z m ncial rvices Fnancial 'ces Dir For � RoUting 3 Attome CiriAttorne - Ofde� 4 a 1s �ce Ma or/A istant 5 ouncil Counc' - 6 i lerk i Cle k � � 7 olice De rdnent Police De artment ��, �,. 7otal # of Signature Pages �_ (Clip All Locafioas; forSignature) Action Requested: � Signatures on the attached council resolution authorizin�+tfie City of Saint Paul, Police Department, to enter into the attached ageement with the Minnesota Aeparhnent of Public Safery: ' Recommendations: Approve (A) or Reject (R): Persohal Service Contrects Must Mswer the Following Questions' Planning Commission 1. Has this.personlfirm ever worked under a contract for this department? CIB Committee � Yes -- �� Civil Service Commission � � 2. Has this persoNfirm ever been a city employee? '. . Yes No 3. Does this person�rm possess a skill not normally possessed by any , curtent city employee? Yes No �� Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Authorization is needed to erner into a grant agreement for the Juvenile Accountability Block Grant (JABG) awazded in 2006. For more information regarding tlus council resolurion please give Amy Brown a call at 651-266-5507. AdvantageslfApproved: �'-���. � � �,.L,.,:a.;k. The JABG provides funding to reduce juvenile.���;hapYOUe'the juvenile justice system, and increase the accountability for juvenile offenders. � - . � � ;za�-�:�: " DisadvantageslfApproved: None. ,�.._;_ , -. �s Disadvantages�If Not Approved: � � Inability to use grant funds available to address juvenile crime: � ��1 � i� z0�6 ���b 6'�i R��d3VE� TotalAmountof See attached. CosURevenueBUdgeted: . T`�"�"'°": Council Research Center . Fundinq source: State of Minnesota Activity Number: 34067 �Financial lnformation: � �UN 23 Z��6 ' � ' � � (Explain) � 4 . . " \... � i��� t�L�.a.\1.�. . ' � 'L � 0�- S�l� STATE OF NIINNESOTA GRANT CONTRACT Tlus gant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. 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 StreeL St Paul. Minnesota 55106 ("C�rantee"). Recitals 1 Under Minn. Stat. � 299AA 1. Subd 2(�, the State is empowered to enter into this grant contract. 2 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. 3 Federal funds for this grant contract are provided fi Public Law 273, Omnibus Crune Control and Safe Streets Act for the purpose of promoting greater accountability in the juvenile justice system. 4 The State is in need of projects that will improve juvenile justice system infrastructure and operations. Grant Contract 1 Term of Grant Contract 1.1 Effective date. Julv 1. 2006, 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 pursuant to Clause 43 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of this grant conhact. 1.2 Expiration date. June 30. 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 13 Surviva[ of Terms. The following clauses survive the expiration or cancellation of this grant contract; 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming I,aw, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2.1 Ackvities. 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 grant application for this program, which are incoiporated by reference into this grant contract and are on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee shall also comply with all prograui standards, which are incorporated by reference into this grant contract. 2.2 Reporting Requirements. Grantee shall report to the State as specified in the Office of Justice Program's Grant Manual, which is incorporated by reference into this grant contract. (1) Financial Reporting. Grantee shall submit a fmancial reporting form to the State utilizing the format identified by the State within 30 days afrer the end of the reporting period. (2) Progress Reporting. ('sruitee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the end of reporting period. (3) Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. (4) Eva[uation. State shall have the authority, during the course of this grant period, to conduct an evaluation of the perfom�ance of the Grantee. (5) Requirement Changes. State may modify or change all reporting forms at their discretion during the grant period. (6) Specia[ Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special admiuistrative requirements deemed necessary to assure the Grantee's successful implementation of the program. The State will notify the Grantee in writing of any special administrative requirements. 3 Time The Grantee must comply with all the tune requirements described in this grant contract. In the performance of this grant contract, time is of the essence. ra�c �aaroa� Iuvenile AccountabiliTy Block Grant 07 OJP Cmnt Number 2007-JABG-00052 � b (�-�"61� Consideration and Payment 41 Consideration. The State will pay for all services perfonned by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $28.858.00, according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to Exhibit A as described in Section 4. (2) of this grant contract and the revised budget must be approved by the State's Aufhorized Representative before any expenditures can be made based on the revised budget. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of tlus grant contract will be paid in the same manuer and in no greater 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 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 travel. Minnesota will be considered the home state for detemLng �yhether travel is out of state. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following xnatching requirement, for the grant contract, will be met by the Grantee: $3 206.00. (4) Total Obligatzon. The total obligation of the State for all compensation and reimbursements to the Cttantee under this grant contract will not exceed $28,858.00. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Program's Cnant Manual. (1) Financial Guidelines. Grantee shail comply with all policies, pmcedures, and provisions applicable to each source of funding received. Grantee shall comply with the cmrent Office of Justice Program's Grant Manual. No funds will be disbursed for activities not identified in the goals and obj ectives or work plan submitted on the grant applicafion forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. (2) Budget Revisions. Cnantee shall submit a written budget revision request to the State's Authorized 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%, wtuchever is higher, from the approved budget, or b) a new line item that was not part of the approved budget will be created. (3) Closeout. Grantee shall have unti130 days after the Expiration date of this grant contract, 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 Cnantee. (4) Recards. Grantee shall retain all financial records for a m;nimum of six (6) yeazs 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 fmdings and/or recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 43 Payment Invoices. The State will promptly pay the Crrantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted tnnely and according to the following schedule: Itemized invoices will be filed in arrears at least uarterlv but not mare often than monthlv and within 30 davs of the period covered by the invoice for services satisfactorily nerformed. Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. The final invoice must be received no later than 30 days after the E�iration date of this grant contract. 4.4 Federal requirements. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA 16.523. The Cnautee is responsible for compliance with all federal requirements unposed on these funds and accepts full financial responsibility for any requirements imposed by the Crrantee's failure to comply with federal requirements. JABG (04/06) Juvenile Accountability Block Gant 07 OSP Grant Number 2007-JABG-00052 b(� -�6t� The Grantee assures that matching funds required to pay the non-Federal portion of the cost of each program and proj ect, for which grant funds are made available, shall be in addition to funds that would othen�ise be made available for these activities by the recipients of the grant funds. The Crrantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circular A-133. An explanation of the Federal Audit Requirements is attached and incorporated and made a part of this gant contract. See EJChibit B. The Grantee a�ees to comply with all 7uvenile Accountability Incentive Block Grants (7ABG) progr�m requirements as outlined in the JABG Program Guidance Manual, Version 3.0 (September 2000) or future JABG Progain Guidance Manuals, and JABG program regulations (28 CFR., Part 31). The ('mantee agrees to comply with the financial and administrative requuements set forth in the current edition of the federal Office of Justice Prograzvs Financial Guide. The Gruitee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modificarion, or adoption of any law, regulation, or policy, at any level of govemuient, without the express prior written approval of the federal Office of Justice Programs. 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 Graut Nos. 2005-JB-FX-0042 awazded by the the Office of Juvenile Justice and Delinquency Prevention. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which aiso includes the Bureau of Justice Assistance, Bureau of Justice Statistics, the National Insutute of Justice, , and the Office for Victuns of Crime. Points of view or opinions in this document aze those of the author and do not represent the official position or policies of the United States Department of Justice." This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: I) 28 CFR Part 69, New Restrictions on L,obbying, and 28 CFR Part 67, Govenmient-Wide Debarment and Suspension and Govemment-Wide Requirements for Drug-Free Workplace through the submission of a certification form committing the Grantee to compliance. 2) 28 CFR 42302 et.seq. through the submission of a certification form regarding the Grantee's Equal Opportunity Employment Plan compliance. The Grautee wi11 provide an Equal Employment Opportunity Plan if required to maintain one, where the applicarion is for $500,000 or more. 3) 28 CFR Part 46 and all federal Office of Justice Programs policies and procedures regazding 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 infom�ation. Grantee fiuther agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particulaz, section 22.23. 5 Conditions of Payment All services provided by the Cn under this grant contract must be performed to the State's satisfaction, as deternuned at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Cttautee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or locallaw. 6 Authorized Representative The State's Authorized Representative is Steve Peterson, Youtla Pro�•atns Specialist Senior. Justice and Community Grants. 444 Cedar Street. Suite 100. St. Paul Minnesota 55101 (651) 201- 7339, or his/her 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 seroices aze satisfactory, the State's Authorized Representative will certify acceptance on each invoice JABG (04/06) luvenile Accountabiliry Block Gant 07 3 OJP Gant Number 2007-JABG-00052 b(� -��(� submitted for payment. The Grantee's Authorized Representative is Paul Stron�, Commander. St Paul Police Department. 367 Grove Street. St Paul. Minnesota 55101. (6511266-5516. If the Caantee's Authorized Representative changes at any time during this gant contract, the Cttautee must immediately notify the State. l Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this gant confsact without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 72 Amendments. 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 giant 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 regarding this grant contract, whether written or oral, may be used to bind either P�Y• 8 Liability The Crrantee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of action, including attomey's fees incurred by the State, arising from the perforniuice of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this graut 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 are subj ect to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Cnantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grautee 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 conceming the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance witL Minn. Sta±. § 176.? 81, subd. 2, pertauur.g to workers' compensation insurance coverage. The Crrantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any clanns made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subj ect matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, inforxnational paxnphlets, press releases, research, reports, signs, and similar public notices prepazed by or for the Grantee individually or j ointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this JABG (04/06) Juvenile Accounpbility Block Grant 07 O7P Grant Number 2007-SABG-00052 D���S� grant contract. 12.2 EndnrsemenL The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, govems 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 Termination 141 Termination by tlze Stat� The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Cttantee. Upon ternrination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termzn¢tion by the Grantee. The Grantee may request temunation upon 30 day's nouce to the State's Authorized Agent. Upon tennination the Grantee is entitled to payment for services actually performed and agrees to retiun any unused funds to the State. 143 Termination fnr Insufficient Funding. The State may immediately ternunate this grant contract if it does not obtain funding from the Minnesota Legislature, or other fiuiding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Terniuiation must be by written or fa7c notice to the Grantee. The State is not obligated to pay for any services that aze provided after notice and effective date of termination However, the Grantee will be entifled to payment, deterniined on a pro rata basis, for services satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the grant contract is terniuiated because of the decision of the Minnesota Legislahue, 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. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tvc identification number, akeady 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 tas laws which could result in action requning the Grantee to file state tax reriims and pay delinquent state tax liabilities, if any, or pay other state IiabIlities. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK JABG (04/06) Juvenile Acwuntability Blwk Grant 07 OlP Grant Number 2007-]ABG-00052 vc� -�g� 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individua! certifies that fundr have been encumbered as required by Minn. StaG ,¢§ 16A.15 and 16C.05. Signed: Date: � Title: Caant Contract No.: 2007-JABG-00052/9300-2264 Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) have ezecuted the grant contract on 6ehalf of the Grantee as required by applicable articles, bylaws, resolutions. or ordinances. By: Title: Date: By: Tcte: Date: By: Tit Dishibution Ag �� Grantee Shte's Autiwrized Representative JABG (04/06) Juvenile AccountabiGty Block Gcant 07 ` . 6 OIP Grznt Number 2007-7ABG-00052 � W ��� EXHIBIT A �� �` 9 ` �K� �� � 4 � � �<, 4 �OF�E Z � OFFICE OF JUSTICE PROGRAMS � Grantee: St Paul Police Department a` �: 2007-JABG-00052 ' ' Grant Number: �° -� �--� PfO9�fl(71 C.OfTiPOflellt: AaOUntability-BasedPrograms.JuvenileACmunfabilityBlockGrant - - - Budget Category Award Match Personnel $24,867.00 $2,763.00 Payroll Taxes & Fringe $3,991.00 $443.00 Totai $28,858.00 $3,206.00 Exhibit B, page 1 of 2�� '��� FEDERAL AUDIT REQUIREMENTS For subrecioients that are state or local governments. non-orofit oraanizations. or Indian tribes If the grantee expends totai federal assistance of $500,000 or more per year, the grantee agrees to obtain either a single audit or a program-specfic audit made for the fiscal year in accordance with the terms of the Singie Audit Act Amendments of 1996. Audits shafl be made annuaily unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years,'rfthe government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but oniy audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecioients that are institutions of hiqher education or hos�itals If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110 "Requirements for Grants and fvqreements with Universities, Hospitals and Other Nonprofit Organizations" as appiicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with appiicable Iaws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or locai government auditor or a pubiic accountant who meets the independence standards specified in the General Accounting O�ce's "Standards for Audit of Governmental Organizations, Programs, Activities, and Funetions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, `Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on priorfindings. if corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to complywith the Single Audit Act Amendments of 1996 and OMB Circular A-7 33. 5. Grantees of federal financial assistance from subrecipients are also required to complywith the Single Audit Act and OMB Circular A-133. (ioios) " • U�P ''� 0 � Exhibit B, page 2 of 2 6. The Statement of Expenditures form can be used for the scheduie of federai assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at leastfour years. 8. Required audit reoorts must be fled witfi the State Auditor's Office. Sinqle Audit Division and with federal and state aaencies orovidina federal assistance. and the Deoartment of Public Safetv within nine months of the arantee's fiscal vear end. OMB Circular A-133 requires recipients of more than $500,000 in federal funds to submfl one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Gensus Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Mi�nesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paui, MN 55101-5126 �ioios>