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06-661Council File # jij � Green Sheet # RESOLUTION hY OF SAIl�T PAUL, NIINNESOTA Presented By: Referred To: Committee:Date: /6 1 WHEREAS, the City of St Paul, Police Department, has entered into a joint powers agreement creating the 2 East _VIetro Narcotics Task Force (agreement #02-13335-n; and 3 4 WHEREAS, the City Council authorized this agreement on January 26, 2005 (council file # OS-75); and 5 6 WHEREAS, the 2006 financing and spending plan needs to be amended for the grant received by the 7 East Metro Narcotics Task Force; and 8 9 WFIEREAS, the Mayor pursuant to Section 10.091 of the Charter of the City of Saint Paul, does certify that 10 there are available for appropriation funds of $25,000 in escess of those estimated in the 2006 budget; and 11 12 WHEREAS, the Mayor recommends that the following addition be made to the 2006 budget: 13 14 CURRENT AMENAED 15 B[iDGET CHANGES BUDGET 16 436 - Police Special Projects 17 FINANCING PLAN: 18 34120 - Special Investigations Activity 19 9530 - Use of Fund Balance 124,177 5,000 129,177 20 34127 - Narcotics Control Grant 21 3699 - Other Miscellaneous Grants 75,000 15,000 90,000 22 7499 - Transfer-In-Intrafund 25,000 5,000 30,000 23 Total Changes to Financing Z5,000 24 25 SPENDING PLAN: 26 34120 - Special Inve5tigations Activity 27 0799 - Transfer-Out-Inirafund 29,000 5,000 34,000 28 34127 - Narcotics Control Grant 29 0141 - Overtime 0 12,190 12,100 30 0370 - Computer Supplies 0 4,900 4,400 31 0439 - Fringe Benefits 0 3,000 3,000 32 Total Changes to Spending 25,000 33 34 `I'IIEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2006 budget. 35 Requested by Department of: Adopted by Council:Date: Adoption Certified by Council SEcretary: BY� � .�t �2.�/l.S�.� Approved b Ma te: �— Z`'� By: By: F�l�'(/� t\� _�_ Form ppro ed by Ciry By: /�i Approve� oa� r for '1 B ( �.c. by Fjaancial Services: Snbmission to Conncil: nifimal\AOffCR\2nnfi�:i412� Narr.rnias orant budaeLCC2006.x1s � �reen Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet b6-6/� / DepartmenUofficelcouncil: Date Initiated: PD — policeDepa�ent '13-JUN-06 Green Sheet NO: 3031020 Contact Person 8 Phone: DeoaRment Sent To Person tnkiallDate Chief John Narrington 0 'ce De rtmeot 2665588 /�5� 1 u"ce e artment e nt Director Must Be on Council Agenda by (Date): Number Z , ancial rvi btfic F nc'a1 Servi For . / Routing 3 i Attorne Ci Attorn _�L_ Ofdef 4 or's Offi M ar/A istant 5 ouncil i on eii 6 i CI rk i CI rk 7 olice De arhn nt Po7ice De arbne t Tota{ # of Signature Pages _(Clip All Locations for S+gnature) Action Requested: Signatures on the attached council resolurion aznending the 2006 financing and spending plan for ageement #02-13335-I between the City of Saint Paul, Police Department, and Ramsey County. Recomme�dations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this personiflrm ever worked under a contract for Ynis departmenP? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current cily employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City Council authorized the City of Saint Paul, Police Department, to enter into agreement #02-13335-T on January 26, 2005 (council file #OS-75) (see attached). The 2006 financing and spending plan needs to be amended for the grant received through tlus agreement (see attached). The poIice departmenfs special invesrigations activity 34120 provides the matching funds for the grant. For more information regazding this council resolurion please give Amy Bxown a call at 651-266-5507. AdvanWges If Approved: Appropriate 2006 financing and spending plan for the grant received through the East Meuo Narcofics Task Force. � � DisadvanWqes If Approved: {�EC���ED None. JUL 6 2006 ���� � �' ��� � �� Disadvantages If Not Approved: Inability to use grant funds available for full participation in the East Meuo Narcotics Task Force. Total Amount of 25000 CosURevenue Budgeted: Tronsaction: Fundinq source: Narcotics Gontrol Grant Activity Number: '34120 & 34127 Fina�iallnformatiorr. �G3�I�C�Ii }�@Sec'afCfl (i@Il��l (Explain) JUL 0 7 2006 , 06���0/ '� � �t.�, !� r1 �= �4�� �J��� �OINT POWERS AGREEMENT CREATiNG THE EAST METRO NARCOTICS TASK FORCE This is an agreement between Ramsey County, a politicaf subdivision of the State of Minnesota, and the City of Saint Paul, a Minnesota municipality (hereinafter coliectively refened to as "the Parties"), pursuant to the provisions oi Minnesota Statutes Section 471.59, the Joint Powers Ac#. WHEREAS, The Parties each have law enforcement agencies with poiice powers within their respective jurisdictions: Ramsey County has the Ramsey County Sheriff s O�ce, and the Gity of Saint Paui has the City of Saint Paul Police Department; (hereinafter collectively referred to as "the Agencies"); and WHEREAS, The Agencies are responsible fior the enforcement of controlled substance laws in their respective jurisdictions; and WHEREAS, The Parties, through their Agencies, wish to form a joint task force for the purpose of more efficiently and effective(y enforcing controlied substance laws and investigating and prosecuting their related crimes, especia4ly fe4onies that have the likelihood of being related to the distribution of narcotics and/or otfier cases that have an impact on both Parties; NOW THEREFORE, The Parties, agree as follows: 1. General Pumose. The purpose of this Agreement is to establish the East Metro Narcotics Task Force as an organization to coordinate efforts to investigate, apprehend, and prosecute drug o{fenders, and to define the rights and obliga#ions of the Parties with respect to the duties and activities performed by the Task Force throughout the term of the Agresment. 2. Members � The East Metro Narcotics Task Force (hereinafter "Task Force°) is hereby estabtished by the Parties. The Task Force members are Ramsey County and the City of Saint Paul. 3. Good Faith The Parties and the Agencies shall cooperate and use their best efforts to ensure that the various provisions of this Agresment are fulfiNed, and to undertake reso4ution of disputes, if any, in good faith and in an equitable and timely manner. 4. Term of AareementlTermination 4.1 The Initial Term of this Agreement shall be for a one-year period, from January 1, 2005 through December 31, 2005. 4.2 This Agreement shall automaticaily renew for additionai one year periods ("Renewal Term" ) unless either of the Parties gives written notice to the other party of its intent not to renew at least sixty (60) days prior to the end of the then-current Initial Term or any Renewal Term. 4.3 This Agreement may be terminated at any time during the Initial Term or Renewal Term by one of the Parties with 30 days written notice to the other Parties. 4.4 Upon termination of this Agreement, ail properky owned by the Task Force shall be distributed to the Agencies in equal parts or sold with the proceeds distributed to the Agencies in equai parts. Property of the Agencies or the Parties , that had been ioaned for use by the Task Force shall be setumed. 5. State Assistance for Narcotics Controi Ramsey County, acting on behaif of Task Force, the Parties to this Agreement, or the Agencies> in relation to this Agreement, shall be the grant applicantforfunding from the Minnesota Office of Justice Programs ("OJP"), Department of Pubfic Safety ("DPS"} for multi-jurisdictional narcotics task forces, and all other sources for this Agreement. 6. Task Forca Board 6.1 The goveming board of the Task Force shall be a Board of Directors ("Board"), to be made up of one representative from each of the following agencies: the Ramsey County Sheriff's 0ffice, the City of Saint Paul Police Department, the City of Roseviile Police Department, the Ramsey County Attomey's O�ce, and the United States Attomey's O�ce; the Grant Coordinatorforthe Task Force who shall be selected by the Ramsey County Sheriff and Saint Paul Police Department Chiefi and a fiscal representative who shaii be selected by the Ramsey County Sheriff and Saint Paul Police Department Chief. All Directors shail serve at the pleasure oftheir appointing authorities. e.,�+ nn.,+.�., Alo�r�++irc T�c�t Fne•ru lPA Ob�b � 6.2 Directors shall not be deemed empioyees of the Task Force and shaf{ recsive no compensation irom the Task Force for serving as directors. 6.3 The Board has finai administration and policy decision-making the Task Force. Decisions shaii be made by a maJorty of the Board. 6.4 The Board shall meet quarterly to evaluate the progress of the authoriry for Task Force. The Board shail maintain records of Task Force activifies. A special meeting may be called by any Director, or by a Task Force Commander. 6.5 The Board may apply fo� grants, approve contracts, inciuding agreements for the rental of real property, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and consistent with its powers. 6.6 The Boarc! will develop Task Force priorities, a Task Force budget, and Task Force operational policies and procedures. 6.7 The Board shail cooperate with other federal, state, and 1oca4 law enforcement agencies when appropriate and necessary to accomp4ish the purpose for which the Task Force is organized. 6.8 The Board may not incur debts. 6.9 The Board shall make the Task Force's books, reports, and recnrds open to inspection by the Agencies at aff reasonabie times. 6.10 The Board has sole authority to incur obligations and approve contracts and take final action on behalf of the Task Force. 6.11 The Task Force may not incur obiigations or approve cnntracts that extend beyond the lnitial Term or Renewaf Term of this Agreement orwhich wili require the expenditure of funds in excess of funds availabie. 6.12 Nothing herein is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting one of the Agencies or Parties as the agent, representative or empioyee of any of the other Agencies or Parties for any purpose or in any manner whatsoever. 6.13 The Bo the Parties on E:Q ard shali make a quarteriy statistical report and a financial report to all activities conducted by the Task Force. Task Force Operations 7.1 Daily operation and responsibility for carrying out the purpose of the Task Force shail be underthe direction of Two Task Force Commanders, one appointed by the St. Paui Poiice Chief, and one appointed by the Ramsey County Sheriff. 7.2 The Task Force Commanders will plan and coordinate case activities and direct investigative activities based on intelligence provided by the Agencies, with priorities as determined by the Board. Finances C�ot AAotm t�inrrn4irc Tack Fni'Ci? .IPA o� C�� 8.1 Task Force operations wiil be financed from the Task Force grant �s and drug forfeiture funds as necessary to meet the Parties' matohing fund obligations under the terms of a� the grant agreement ("Task Force Funds°). 82Ramsey County shall serve as the Fiscal Agent fior the Task Force. 8.3 Ramsey County, as Fiscal Agent, is authorized to receive all Task Force Funds for deposit and make disbursements therefrom in accordancs with standard accounting practices and procedures. In conjunction therewith, the Ramsey County Sheriffs Office Accounting Division shall maintain current and accurate records of all obligations and expenditures of Task Force �unds. 8.4 Task Force Funds may be expended as directed by the Soard and in accordance with this Agreement. In no event shail there be an expenditureof Task Force Funds except per the approved Task Force budget. 8.5 The Ramsey County Sheriff s Office shall make and submit to the Board a quarterly report of the budget status of the Task Force Funds. 9. Task Force Persannel 9.1 The Agencies shall assign licensed peace officers and other personnel to the Task Force as needed to carry out its purpose and to perform their responsibilities under this Agreement. 92 Other law enforcement agencies may aiso assign personnei to the Task Force. 9.3 All personnel assigned to the Task Force ("Task Force Personnei") shail remain empioyees of the agency assigning the pefsonne4 and sha4! not be considered temporary or peRnanent emQloyees of any of the other Parties or the Task Force for any purpose whatsoever or be entitied to tenure rights or any rights or benefits byway ofworkers compensation, re-employment insurance, medica{ and hospitai care, sick and vacation leave, severance pay, PERA or any other right or benefit of another of the Parties. The Agencies acknowledge their individual responsibility to provide all salary compensation and fringe benefits to their employees while performing services on behaifi of the Task Force. Benefits may include, but are not fimited to, hea4th care, disa6ilifij insurance, life insurance, re- em�loyment insurance, FICA, Medicare, PERA, vacation, sick leave, and unpaid leave of absence. 9.4 All Task Force Personnei shafl be required to comply with the n+les of conduct and operating procedures prescribed by the Task Force Commanders, which shall be developed in consuitation with the heads of the Agencies and in recognition of the rules of their respective Agencies. The Task Force Commanders, or their designees, shafi refer disciplinary matters invofving Task Force Personnel to the person's originating agency for investigation and disposition unless, based on the judgment of a Task Force Commander, or his/her designee, a particular mafter represents probable cause for the issuance of a criminal complaint, in which case the matter shalf be referred directty to an extemai law enforcement agency for investigation> provided the person's agency head is notified in advance thereof. 9.5 As assigned by the Task Force Commanders, Task Force Personnel wiil be responsible for drug investigation, including intelligence management, case development, and presenting cases for charging to the appropriate prosecuting authority. Task Force Personnei may also assist other law enforcement agencies in surveiilance and undercover operations. Task Force Personnel will work r__a �n_.__ wt.,......a:....'r..�.l, cn...a.� ID� OG-�6/ cooperatively with assisting agencies. Task Force Personnel who are peace officers and who take action in the jurisdiction of anotherjurisdiction are authorized to exercise the powers of a peace officer in the other jurisdiction for purposes of Tas4c Farce activities. 10. Advisor 7he Ramsey County Attomey shall designate an Assistant Ramsey County Attomey from the Prosecution Division to advise the Task Force. The Ramsey County Attomey's Office shali provide civii legal advice to the Task Force, as and if required. 11. Location Task Force activities shail take place out of a central location to be agreed to by the Agencies. 12. Forfeiture. Seizures and Fines The Agencies are entitled to money or proceeds from the sale of forfeited properry after payment of seizure, storage, forfeiture and sale expenses and satisfaction of valid liens against forfeited property, in accordance with Minnesota statutes on forfeiture. Proceeds received by the Agencies from specific Task Force case forfeitures shall be used to support the efiforts of the Task Force according to the Task Force grant requirements. The use and disbursement of these proceeds must be approved by the Board. IN WITNESS THEREOF, the undersigned Parties, by action of their goveming bodies, or their authorized designees, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes § 471.59. RAMSEY COUNTY .���� David Twa, County Manager Date: 2�'1 �Q� Approvai recommended: �` -�� Bob Fletcher, Sheriff Approved as to form and insurance: ` !�(.�.J�- „ � .tico�c.c�v z.��� 5 •.. As istant Co nty Attomey Purchase Osder or r_�a n n..a�.. �I..�....��.... T..�.1. Cni�n,� IDA �6-��i Aspe��� dor Contract Number. Funds are available Account Number:_ Budgeting and Accoyr CITY OF S�INT PAUL By: � f%!/ �� Its: a r ` Date: / ' � ^ �� Paul Police as to� legality: a \�. \ � Financial ervices Director East Metro Narcotics Task For��= JPA STATE OF MINI3ESOTA v ����` GRANT CON'fRACT. This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv Office of 3ustice Proerams. 444 Cedar Street Suite 100. St. Paul. MN 55101-5100 ("State"} and Ramsev Co�ntv Sherif�'s Degartment. 425 Grove Streec. St Paul. Miimesota SS10t ("Grantee"). Recitals 1 Under Minn. Stat. § 299AA1_ Subd 2(41, the State is empowered to enter into this gant contract. 2 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the sati"sfaction o£the State. 3 Federal funds for this grant cantnct ue pmvided from Public L,aw 108-447, 118 Stat. 2862 (Consolidated Appropriations Act, FY 2005) for pmpose of funding multijurisdictional nazcotics task fomes. 4 The State is in need of services that fulfill tlus purpose. Grant Contract Term of 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, whichever is later. Qnce this gant contract is fully euecuted, the Grantee may claim reiiubursement for expenditures incurred pursuant to Clause 43 of this gant contract. Reimbursement will only be made for those expenditures made according to the terais of this grant conhact. 12 Expiration date. December 31. 2006, or until all obligations have bcen satisfactorily fulfilled, wluchever occurs first. 13 Survival of Terms. The following clauses survive the expiration or cancellation of ttus gxant contract: 8. Liabiliry; 9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Governnig Law, 3urisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2.1 Ac7ivitiss. The Grantee, who is not a state employee, will perfoim all ofthe duties and tasks speeified in the applicable Request for Proposal and the Grantee's grant appfication for ttus prog[am, which aze incvrporat� by reference into this grant contract and aze on file with the State and located at 444 Cedar Sh Suite 100, St Paul, Minnesota. Grantee shall also comply with all program standards, wluch aze hereby incorporated by reference into this gant contcact and made a part of this grant contract. Grantee will sigR a joint powers a�eement that addresses common issues including but aot limited to: purpose, scope of work, work location, conunand structure, tern�s of participation, and use of forfeited assets. 22 Reporfing Requiremenfs. Grautee shall report to the State as speci5ed in the Office of Justice Program's Grant Manual, which is hereby incoiporated by reference into this grant contract and made a part of 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 after the end of the reporting period. (2) Progress Reporting. Grantee shall use forms prescribedby the State to submit a quarterly progress detailing progress achieved towazds the accomplishment ofthe progain goals and objectives within 3Q days after the end of reporting period. (3) Other Kequiremercts. Crrantee shall suUmit 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 gxant period, to conduct an evaluafion of the performance of the C,rantee. (5) Requirement Changes. State may modify or change all reporting forms at their discretion 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 gcant, speciai administrative requixements deemed necessary to assure the Grantee's successful implementation of the program. The State will notify the Grantee in writing of any sgecial adnunistrative requirements. NGTF IAG Funding (12/05) Namnacs and Cnng iask Focce 06 O1P Grant Number2006-NGTF-003R0 3 Time The Grantee must comply with all the time requirements described in this grant conriact. grant contract, time is of the essence. b�-��A In the performance of this 4 Consideration and Payment 4.1 Consideration. The State will pay for all services perfoimed by the Grantee under this gant contract as follows: (1) Compensation. The Grantee will be reimbursed an aznount not to excced $210.00�.00, according to the breakdown of costs contained in E�ibit A, which is attached and incorporated into tlus grant contract The Grantee will submit any revisions to Exhibit A as described in Section 4.2 (2) of this grant contract and the revised budget must be approved by the State's Authorized Representarive before any expenditures can be made based on the revised budget. �2) (3) (4} Travel E�penses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Cuantee as a result of this grant conhact will be paid in the same manner and in no greater amount than provided in the current "Conunissioner's Plan" promulgated by the commissioner of Employee Relations which is incoiporated into this grant contract by reference. The Grantee will not be reunbursed for travet 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 dete**+�;n;ng whether travel is out of state. Matching Requirements. (If Applicable.) Grantee certifies that the following tnatching requirement, for the grant conhact, will be met by the Grantee: 70 00�.00. Total Obligalion. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not cxce�ed $210.000.00. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Progracn's Grant Manual. ' (1) �2) (3) �`�) Financiai Guidelines. Giautee shall comply with all policies, procedures, and provisions applicable to each source of funding received. Grantee shall comply with the current Office of Justice Prograni's Grant Manual. No funds will be disbursed for activities not identiFied in the goals and ohjectives or work plan submitted on the grant application forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representative 4z�foie any exgendihue can-lae made based on-the revised badget. Submissian and appmvai vf a budget amendment is necessary if a) a line item will deviate by $200 or 10%, whichever is lugher, from the approved budget, or b) a new line item that was not part of the approved budget will be created. Closeout. Grantee shall have unti130 days after the Expiration date of this grant contract, to submit a report of all £unds and interest received and disbursed. If a reQort is not submitted witt�in this time period, expenses claimed on the report may be disallowed and the State may request a refund of those monies from the Grantee. Records. Grantee shall retain all financial records for a nuni�num of six (6) years after the date of submission of the final financial status report, or until completion of an audit which has commenced before the expirarion of this six-yeaz period, or until any audit findings and/or recommendations from prior audit(s) have been resolved between the Gcantee and State, whichever is later. 43 Payment Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for tha services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at least guarterly but not more often than monthlv and within 30 davs of the period covered bv the invoice for services satisfactorily �erformed. Final invoice�ertainint to the fust state fiscal year of this �rant contract must be received by 3ulv 31 2006. Reimbursements from the second state fiscal vear may eommence on or after 7� 1 2��6 The final invoice pertaining to the second state fiscal vear of this erant contract must be received within 30 days after the Exoiration date of this g.rant contract. NGiE JAG Funding ( I1105) Narcotics and Gang Tazk Focce 06 O1P Grant Number 2006-NG'CF-00380 � a�-��� Exvenditures for each state fiscal vear of tku�nt contract must be for servicesperformed witrrin the aonlicable state fiscal vear Every state Fiscal vear besins on July 1 and ends on 7une 30. 4.4 Federal �equiremenu. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State tbrough CFDA 16.738. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements_ The Gtantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circulaz A-133. An explanation of the Federal Audit Requirements is aitached and incorporated and made a part of tiris grant conhact. See Exhibit B. The Grantee shall submit to the State one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any written, visual., or audio publicarions, with the exception of press releases, whether published at the Cnantee's or govemment's expense, shall contain the following statements: "This proj ect was supported by Grant No. 2005-D7-BX-0334 awazded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of 3ustice Programs, which also includes the Buceau of ; 7ustice Statisrics, the Narional Institute of Justice, the Office of 7uvenile Justice and Delinquency Prevenrion, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice." The Grantee will not use these funds to operate a"pay-to-sta}�' program in any local jail nor will the Grantee subawazd funds to local jails which opeiate "pay-to-sta}�' programs. The Grantee agrees to comply with 28 CFR Part 23 and use the Global 7ustice Data Model specifications and guidelines if fedetal funds aze used to suppod criuunal intelligence systems. Information is available at www.it.ojp. gov/gjxdm. The Grantee agrees to comply with the financial and admitustcative requirements set forth in the cucrent edition of the federal Office of Justice Programs Financial Guide. The Grantee assures that federal funds made available under this grant contract will not be used to supplant state or local funds but will be Used to increase the amounts of such funds that would, in absence of federal funds, he ruade available for cruninal justice activities. The Grautee cvill not use any fedezal funds, either induecdy or directly, in support of the enactment, repeai modification, or adoption of any law, regulafion or policy, at any level of government, without the express prior written approval of the federal Of&ce of Justice Programs. The C'jrautee agrees to comply with the confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that aze applicable to collection, use, and revelation of data or infomiation. The Grantee wiil establish safeguazds to prohibit employees from using their positions for a purpose that is or gives the appearauce of being motivated by a desire for private gain for themselves or oihers, particularly those with whom tUey have family, business, or othet ties. The Crrantee assures that in the event a Federal or State court or Federal or State adnunishative agency makes a finding of discritnination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Crrantee or its subcontractors, fhe Cmantee will fozwazd a copy of the finding to the State. NGTF JAG Funding (17I05) Narcotics and Gang Task Force 06 O7P GraM I3umber 2006-NG'['F-00380 O6 GL / The Grantee assures that it will comply, and all its subconh will comply, with [he applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of the Office of 7ustice Programs Financial and A�1**+;nictrative Guide for Grants, M71001; and all other applicable Federal laws, ordeis, eirculax�, or regulations. The Grantee will comply with the provisions of 28 CFR applicable to �ants and coopecative agseements inciudin� Part 18, Administrative Review Procedure; Part 20, Crirnival Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systezus Operating Policies; Part 30, Intergovernmental Review of Department of 7ustice Pro�ains and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Tmplementing the National Environmental Policy Act; Pazt 63, Floodplain Management and Wetland Protecrion Procedures; and Federal laws or regulations appiicable to Federal Assistance programs. The Grantee assutes that it will comply, and all its subcontractors will comply, with the nondiscrim'uiation requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Tifle VI of the Civil Rights Act of 1964, as amended; Seetion 504 of the Rehabilitation Act of 1973, as amended; Subtifle A, Title II of the Ameticans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrinunation Act of 1975; the Department of Justice Non-Discrimuiation Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability discrinunation, 28 CFR Part 35 and Patt 39. This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: 1) 28 CFR Part 69, New Restrictions on L,obbying, and 28 CFR Part b7, Govemment-Wide Debarment and Suspension and Govenunent-Wide Requirements for Dnxg-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 regazding the Grantee's Equal Opportunity Employment Plan compliance. The Grantee will provide an Equal Employment Oppomuiity Plan if zeqnired to maintain one, where the application is for $500,000 or more. 3) 28 CFR Part 46 and all federal Office of Justice Pmgrams policies and pmcedures regazding the protection of human research subjects, including containment of Tnstitutional Review Boazd approvat, if appropriate, and subject informed consent. 4) 42 USC Section 3789g and 28 CFR Part 22 that aze applicable to collection, use, and revelation of data or information. ('mntee further agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particulaz, section 22.23. S Conditions of Payment A11 services provided by the Crrantee under this grant contract must be performed to the State's satisfaction, as deternrined 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 Grantee 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 Sue Perkins Grants Snecialist Coordinator Office of Justice Proerams. 444 Cedar Street. Snite 100 St Paul Minnesota 55101-0100. (6511284-3329, or lus/her successor, and has the responsihility to monitor the Grantee's perforaiance and the authority to accept the services provided under this �ant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is David Twa. County Manager Ramsev Countv 50 W Kelloe� Boulevazd. St Paul Minnesota 55102. (6511266-8500. If the Grantee's Authorized Representative changes at any time during ttus grant contcact, the Grantee must immediately notify the State. NG'I'F 7AG Funding (12/OS) Nucotics and Gang Task Fo�ce 06 QJP Gxant Number 2006-NGTF-00380 I�6-66/ '1 Assignwent, Amendments, Waiver, and Grant Contract CompleYe 7.1 Assignment The Grautee may neither assign nor transfer any rights or obligations under this gant conhact without the prior consent of the State and a fully e�cecuted Assignment Agreement, executed and approved by the same parties who executed and approved this grant conhact, or their successois in office. 7.2 Amendments. Any ameadment to tiiis 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. ?3 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 Cantract Completz T'his grant contract contains all negotiarions and agreements between ihe State and the Grantee. No other understanding regazding tlus grant contract, whether written or oral, may be used to bind either P�Y� 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hazmless from any claims or causes of action, including attomey's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grautee's agents or employees. This clause will not be consh to baz any legal remedies the Grantee may have for the State's failure to fulfitl its obligations under this gant 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 subject to exam; by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a nvnunum of six yeazs from the end of this gant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Sta� 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, x�eived, stored, used, maintained, or dissenunated by the Crrantee under this grant contract. The civIl remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Gcantee receives a request to release the data referred to in this Clause, the Grantee must unmediately notify the State. The State will give the Grantee instructions concemuig the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Gmntee certifies that it is in compliance with Minn. 5tat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Csrantee's employees and agents will not be considered State empioyees. Any ciaims that may arise under the Minnesota Workers' Compensation Act on behaif of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees aze in no way the State's obligauon or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regazding the subject matter of this gant 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 tlus provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, signs, and similaz public notices prepared by or for the Gcantee individually or jointly with others, or any subcontractors, with respect to the progeam, publicafions, or services provided resulting from this grant contract. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all legai NGTF JAG Funding Q2/OS) Narcotics and Gang Task Force 06 O1P GmntNumber2006-NGTP-00380 d.b-,l�ol proceedings out o f this grarn cont[act, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Raivsey County, Minnesota. 14 Termination 14.1 Terminatian by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon teia�ination, the Grantee will be entitled to payment, detemuned on a pro rata basis, for services satisfactorily performed. 14.2 Termination by the Grantee. The Grantee may request termuiation upon 30 day's notice to the State's Authorized Agent Upon ten�n?tion the Grantee is entitled to payment for sezvices actually perFormed and a�ees to return any unused funds to the State. 143 Termination for Insufftcient Funding. The State may immediately temilnate this gant contract if it does not obtain funding from the Minnesota I,egislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Teimination must be by written or fax notice to the Grarnee. The State is not obligated to pay for any services that ue provided after notice and effective date of t��nation. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State wiIl not be assessed any penaky if the gcant contract is temunated because of the decision of the Minnesota I,egislahue, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonabie time of the State receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax idetrtification number, and/ar Minnesota taac idenrification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obl3gations. These identification numbers may be used in the enforcement of federal and state tax laws wluch could result in action requiring the Grantee to file state tas retums and pay delinquent state tax IiabIlities, if any, or pay other state liabilities. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. NGTFlAG Funding (17J05) Naccotics and Gang Task Force 06 OJP Gnnt Number 200fi-NGTF-00380 (7� (,� I 1. ENCUMBRANCE VERIFICATION Indivtdual certifies that junds have been encumbered as required by . , 4:1'7a1 � � D AL Signed: Daze: Grnnt Contract 2006-NGTF-00380/930 220 BY MARY ERICKSON 2. GRANTEE The Grantee certifees that the appropriate person(s) have executed the grartt contract orz behalf ojthe Grantee as required by applicab�le ar[icles, bylaws, rualutiou, or ordinances. By.- � �1�� Title: Date: By: T�t��: Date �oun�i �a��-.�e'� ---� Z)Za ��fc � �� � � Sh �Y��'TT y�i /0 4 3. STATE AGENCY BY Tide: Date: � j� L' �� 2fL �� � . . ��2P � ;rZ af f71c'.6 r . ` " (v Rh delegated aWhorinl) Lr.� ���1r� 1v Distribution: Ag�`1 Gcantee State's Audtori2ed RejJresenqtive bIG1'F JAG Funding Q?l05) Narcotics and Gang Task Face 06 OJP Grent Number 2006-NGTF-00380 EXHIBIT A ��°�`��.� OFFiCE OF JUSTICE PROGRAMS �"`" �� � e g � { � � � N Grantee: Ramsey County Sheriffs Department � r '� t� Grant Number: 2006-NGTF-00380 � �—.� � � Mrt+�+�' P�Og�BtSl CiOCIl�SOR@t1t: Narcotics and Garg Task Forces: East Metro Narcotics Task Force Budget Category Personnel Payroll Taxes & Fringe Training TraveWehicie Office Expenses Other Expenses Confidential Funds Total Federal $74,232.00 $6,843.00 $13,500.00 $34,500.00 $2,250.00 $2,250.00 $52,500.00 $210, 000.00 State Match $24,744.00 $2,281.00 $4,500.00 $11, 500.00 $750.00 $750.00 $17,500.00 $0.00 $70,000.00 b6-�G t Exhibit B, page 1 of 2 FEDERAL AUDIT REQUIREMENTS For subreci�ients that are state or local aovemments non-orofit oraanizations. or Indian tribes If the grantee expends total federal assistance of �500,000 or more per year, the grantee agrees to obtain either a singie audit or a program-specfic audit made for the fiscal year in accordance with the terms of the Singie Audit Act Amendments ofi 1996. Audits shall be made annually unless the state or Iocal govemment has, by January'1, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. it shail also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative poficies in place prior to January 1, 1987. For subrecipients that are institutions of hiaher education or hosoitals If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a fina�ia4 and compliance audit made in accordance with OMB Circular A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofd Organizations" as applicable. The audit shall cover either the entire organization or ail federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shaii be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standa�ds spec�ed in the - — - -6eneFal�:eeodfltiflg-E3ffioe's"StandardsforkvdiYot�Poverrmrentatfjrgani[�atrb-n�,-Prrograms, Ac - - — -- - and Functions " 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Cert�ed Public Accounts (AICPA) audft guide, `Audits of State and Local Governmental Units,' issued in 1986. The federal govemment has approved the use of the audft guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a ptan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective acfian is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that fhe 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 necessaryfor the grantor to comply with the Single Aud'R Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required to compfywith the Singte Audit Act and OMB Circular A-133. ��mos� d�-6�r Exhibit B, page 2 of 2 6. The Statement of Expenditures fo�m can be used 4or the schedule of federal assistance. The grantee a9rees to retain documentation to supportthe schedule of federat assistance for at least four years. 8. Required audit reports must be filed with the State Auditor's Office Sinale Audit Division. and with federal and state aaencies providina federai assistance and the Denartment of Public Safetv within nine months of the qrantee's fiscaf vear end. OMB Circular A-133 requires recipients of more than $500,000 infederal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, indiana 47132 Attn: Singie Audit Ctearinghouse The Department of Public Sa4ety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Ceda� Street Suite 126, Town Square St. Paul, MN 55101-5126 �toros)