06-684Council File # �(� — $
Green Sheet # 3031101
Presented By:
Referred To:
RESOLUTION
OF SAINT PAUL, MINNESOTA
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Committee:Date:
1 BE TT RESOLVED, that the City Council authorizes the City of St. Paul, Police Department, to enter
2 into the attached amendment to agreement #02-13864-G with the State of Minnesota, which includes an
3 indemnificafion clause. A copy of said agreement is to be kept on file and on record in the Office of
4 Financial Services.
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Requested by Department of:
By:
Adopted by Council: Date:
Adoprion Certified by Council
Ap�r�bval Rec mmen{led by Financial Services:
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B
Forn� g�'ti o ed by City Atto�
By. l By, .
Approved by a : Date: �f /��� Approve y
By: � �rti� By:
Q:\Fiscal�AO&CR�2006\Strike Force Grant-Member Amendment to Agreement.cr2006.x1s
to Council:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
/� , �
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Departmentloffice/council: Date Initiated:
pD — PoliceDepazunwt 2a.,�N-� Green Sheet NO: 3031101
Contact Person & Phone� Depar6nent Sent To Person Initiai/Date
Chief John Hartington � 0 oti a ent Yoti De rtm t
266-5588 p�,jgn 1 oGceDe a ent De a ent irecor
Must Be on Council /�enda by (Date): Number y i Atto Ci tt me ��
For
RoUting 3 or`s ce Ma r/Assistant
p�� 4 on N onncil
5 i Clerk � Ci C7 rk
6 li D a ent Polic De artment
Total # of Signature Pages _(Clip Alf Locaiions for Signature)
Action Requested:
Signatures on the attached councIl resolution authorizing the City of Saint Paul to enter into the attacbed amendment to grant
agreement #02-13868-G with the State of Minnesota for the Gang Strike Force.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill noi normaliy possessed by any
current city employee?
Yes No
Facplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Authorization is needed to enter into an amendment to grant agreement #02-13864-G with the State of Minnesota for the Gang Strike
Force. For more information regazding this grant agreement please give Amy Brown a call at 651-266-5507.
Advantages If Approved:
Additional grant funding for the Saint Paul Police Department's participation in the statewide Gang Shike Force.
DisadvantageslfApproved:
None. ,�U� � �j ` ��ns
' � P tl �.9l Y ��
Disadvantages If Not Apfiroved:
I,oss of Gang Strike Force grant funding available.
Total Amount of ��98 CostlRevenue Budgeted:
Transaction:
Fundinp source: State of Minnesota Activitv Number: 34155
Financiallnformation: ,
(Explain)
STATE OF NIINNESOTA
GRANT CONTRACT
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T1vs grant contcact is between the State of Minuesota, acting through its Commissioner of Public Safetv Office of Justice
Pro�.�s A44 Cedaz Street Suite 100 St Paul_ MI3 55101-5100 ("State") and Citu of St Paul Police Department. 367
Grove StreeG St Paul. Minnesota SS I06 ("Grazitee").
Recitals
1 Under Minn. Stat. § 299A.01, Subd 2(4), 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
satisfaetion of the State.
3 State funds for this gtant contract aze provided in Laws of Minnesota 2005, Chapter 136, Article 1, Section 9, Subd 6
for the puipose of funding the combined operations of the Criminal Gang Str'ske Force and Nazcotics Task Forces_ The
State is responsible under Minn_ Stat. § 299A.641 for administration of funds for the organi7ation and operation of the
Gang and Drug Ove�ight Council (Council) and the combined operations of the Criminal Gang Strike Force and
Nazcotics Task Force.
4 The State is in need of services that fulfill this purpose.
Grant Contract
1 Term of Grant Contract
1.1 Effectzve dat¢. January 1. 2006, or the date the State obtains all reqaired 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 expenditures incurred pursuant to Clause 43 of tlus gcant contract. Reimbursement will
only be made for those e�cpenditures made aecording to the terms of this grant contract.
1.2 F�piration date. December 31. 2006, or until all obligatlons have been satisfactorily fulfilled, whichever occurs
first. �
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this graut con�act: 8. Liability;
9. State Audits; 10. Govetnment Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Iurisdiction,
and V enue; and 15. Data Disclosure.
2 Grantee's Duties
2,1 Activities. The Grantee, who is not a state employee, wiil perform all of the duties and tasks specified in the
applicable Request for Proposal and the Crrantee's gant application for this progiam, which are incotporated by
reference into this grant conhact and aze on file vrith the State and located at 444 Cedar Street, Suite 100, St. Paul,
IvIivnesota. Grantee st�all also comply with all progcam standazds, which aze hereby incorporated by reference into
this gant contract and made a part of this grant contsact. Grantee will sign a joint powe� agreeuient that addresses
common issues including but not limited to: purpose, scope of work, work location, command structure, tern�s of
pazticipation, and use of forfeited assets.
2.2 Reporting Requirements. Grantee shall report to the State as speeified in the Office of 3ustice Program's Grant
Manual, which is hereby incorporated by reference into tlus grant contract and made a part of this gant contract.
(1) Financial Reporling. Grantee shall submit a financial reporting form to the State urilizing the format
identified by the State within 3� 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 progruui 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) Evaluation. State shall haue the authority, during the course of this grant period, to coaduct an evaluation of
the performance of the Grantee.
(5} Requirement Changes. State may modify or change all reporting foims at their discretion during the grant
period.
(b) Speciat Requirements. The StaYe reserves the right to include in the grant, at any time during the term of the
NGTf' State Funding
03P
grant, special administrative requirements deemed necessary to. assure the Gi....fee's successful implementation
of the program. '�'h€ State wili notify the Grantee in writing of any special adnunistrative requirements.
Time
The Grantee must comply with all the time requirements described in this grant contract In the performance of this
grant conhact, time is of the essence.
4 Consideration and Payment
41 Cansdderation. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Cnmpensation The Grantee will be reimbursed an amount not to exceed $280 000.00, according to the
breakdown of costs contained in F.shibit A, wluch is attached and incorporated into this grant contract. The
Grantee will submit any revisions to ExYu'bit A as descn'bed in Section 4.2 {2) of ttiis grant contract and the
revised budget must be approved by the State's Authorized Representative before any expenditures can be
made based on the revised budget
�
(3}
Travel Ezpenses. Reunbursement for travel and subsistence expenses actually and necessanly mcucred by the
Grantee as a result of this grant contract will be paid in the same manner and in no greater amount than
pzovided in the eunent "Conuqissioner's Plan' promulgated by the commissioner of Employee Relations
which is incorporated into this grant conhact by reference. The Grantee will not be reimbursed for travel and
subsistence expenses inciured outside Minnesota unless it has received the State's prior wzitten approval for
out of state traveL Minnesota will be considered the home state for detennining a'hethu travel is out of state.
Total Obligation. The total obligation of the State for aTl compensation and reimbursements to the Gtantee
under this grant contract will not exceed $280.000.00.
$140,000.00 is available &om Ianuary 1, 2006 through Juue 30, 2006. Funds not expended by the Grantee for
this program through June 30, 2006 will be available in t�e following state 5sca1 year of ttus grant conizact.
$140,000.00 is available from Iuly 1, 2Q06 throu� December 31, 2006.
4.2 Fiscal Requirements.
Manual.
Financiul Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each
source of funding received. Grantee shall comply with the cuirent Office of Justice Progrun's Grant Manual..
I3o funds will be disbursed for activities not identified in the goals and ob}ectives or wotic plan submitted on
the gant application forms prescribed by the State. No funds from a specific funding source will be disbursed
for activities that do nof ineet the requirements of that funding source.
Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized
Representative before any expendihue 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 highez, from the
approved budget, or b) a new Line item Yhat was not part of the approved budget will be created.
C[oseout. ('�rantee shall I�ave untIl 30 days after the Expiration date of this grant contract, to submit a report of
all funds and interest received and disbu�ed. If a report is not submitted within this time period, expenses
clauned on the report may be disallowed and the State may request a zefund of those monies from the Grautee.
) Records. ('nantee shall retain all financial records for a uvnimum of six (� 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 and/or rwommen3ations from prior audit(s) have been
resolved between the Grantee and State, wYuchever is later.
(1)
�2)
(3)
(4
Grantee sball report to the State as specified in the Office of 7ustice Progiam's Gcaut
4.3 Payment
Invoices. The State wIll pmmptly pay the Grantee after the Grazitee presents an itemized invoice for the 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 azreazs at least
ouarterlv but not more often than montt�lY and within 30 davs of the neriod covered bv the invoice for services
satisfactorily �erformed.
t�os)
OJP Grant
o� -��y
Final invoice pertainin¢ to the first state fiscal vear of this er�nt contract must be received bv Julv 31. 2006.
Reimbursements from the second state Fiscal year may commence on or after Julv 1 2006 The final invoice
�ertainine to the second state fiscal vear of this �rant contract must be received within 30 davs after the Exouation
date of this giant contract.
E�endittu�es for each state fiscat vear of this grant contract must be for seivices perfornzed within the aoolicable
state fiscal vear Everv state fiscal vear beeins on 7ulv 1 and ends on June 30.
4.4 Federal requirements. (Where applicable, if blank this section does not apply)
Payments under this grant contcact will be made from federal funds obtained by the State througli CFDA
The Grantee is responsible for compliance with all federal requirements unposed on these funds and accepts full
financial responsibility 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
determined 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 Grantee will not receive payment for work found by the
State to be unsatisfactory or perFormed in violation of federal, state, or local law.
6 Authorized Representative
The State`s Authorized Representative is 3esse Standal (}rants Snecialist Intermediate Office of Justice Proerams. 444
Cedaz Street Suite 100 St Paul Minnesota 55101-5100. (6511284-3208, or his/her successor, and has the
responsibility to monitor the Grantee's performance and the authority to accept the services provided under ilris grant
wntract. If the services aze satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment.
The Grantee's Authorized Representative is Richard Gardell Senior Commander St Paul Police Department. 367
Grove Street St Paul Minnesota 55101 (6511266-5959. Ifthe Gtantee's Authorized Representative changes at any
time during this grant contract, the Grantee must iuunediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contraef Complete
7.1 Assignment The Grantee may neither assi� nor transfer 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 appmved this gant contract, or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been
executed azid approved by the same parties who executed and approved the original gant contract, or their
successors in office.
7.3 'Waiver. If the State fails to enforce any provision of this grant cotttract, tbat failure does not waive the provision or
its right to enforce it.
7.4 Grant Contract Completz This grant contract contains all negotiatians and agreements between the State and the
Grantee. No other understanding regazding this gant contract, whether written or oral, may be used to bind either
P�Y•
8 Liability
The Cnantee must indemnify, saue, and hold the State, its agents, and employees ham�less from any claims or causes of
action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the
Grantee or the Grantee's agents or �nployees. This clause will not be consirued to baz any legal remedies the Grantee
may have for the State's failure to fulfill its obligations undes this grant contraet.
9 State Audits
iSnder Minn. Stat. § 16G05, subd. S, the Grantee's books, records, documents, and accounting procedures and
praerices relevant to this giant contract are subj ect to examination by the State and/or the State Auditor or Legislative
NGTFState Funding Q t/OS)
MewGang Suike Force O6 � � —
OJP Gnnt Number 2006-MGSF-00286
Auditor, as apgiopriate, fot a minimum of six years from the end of this gant contra�..
10 Government Data Practices
The Grantee and State must comply with the Minnesota Govemment DaYa Practices Acf, 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 gantcontract The civil remedies of
Minn. Stat. § 13.08 apply to fne reiease of the data referred to in this clause by either the Gcantee or the Sfate.
If the Grantee receives a request to release the data refened to in this Clause, the Grantee must immediately notify the
State. The State will give the Grantee iustructions conceming the release of the data to ihe requesting party before the
data is released. �
Il Workers' Compensation
The Graatee certifies that it is in compliance with Minn. Stat. § 176.181, suhd. 2, pertainino to workers' compensation
insurance coverage. The Grantee's employees and agents will not be considered State employees. Any clauns that
may arise under the Minnesota Workers' Compensation Act on behalf of Ihese employees and any claims made by any
tUird 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 subject matter of this gant contract must identi£y the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For pucposes of ttris provision, publicity includes notices, informational pamphlets, press releases,
research, reports, signs, and sinular public notices prepazed by or for the Grantee individually or }ointly with
others, or any subcontractors, with respect to the progcaw, publications, or services provided resulting from ttris
grant contract.
122 Endorsement The Grantee must not claim that the State endorses its products or services.
13 GoverningLaw, 3urisdiction, and Venue
Minnesota law, without regazd to its choice-of-law provisions, govems this gant 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 Rainsey County, Minnesota.
14 Terniination
14.1 Termination by the State. The State may cancel this gant contract at any time, with or without cause, upon 30
days' written notice to the Cmantee. Upon termination, the Grantee will be entided to payment, determined on a
pro rata basis, for services sarisfactorily perfotmed.
14.2 Terminatinn by the Grantee. The Grantee may reguest termniation upon 30 day's notice to the State's
Authorized Agent Upon terminafion the Grantee is entitled to payment for setvices actually performed and agrees
to return any unused funds to the State.
143 Termiaation for Insufficient Fuading. The State may immediately terminate ttris gant contract if it does not
obtain funding from the Mimiesota Legislature, or other funding source; or if funding cannot 6e continued at a
level sufficient to allow for the payment of the services covered here. Termivation must be by written or fax no6ce
to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of
termination. However, the Grantee will be enrifled to payment, deternuned 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 termuiated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. The State must provide the Grantee no$ce of the lack of fuuding within a reasonable time of the
State receiviug that notice.
NGTF State Funding (I l/OS)
Metm Gang Shike Folce 06 �- —
[ umber 6- 028 �
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15 Data Disclosure
Under Minn_ Stat § 27�.66, and.other applicable law, the Grantee consents to disclosure of its social security number,
federai employer ta� identification number, and/or Minnesota tax identification number, already provided to the State,
to federal and state taY agencies and state personnel involved in the payment of state obligations. These identification
numbeis may be used in the enfoccement of federal and state tax laws which could result in action requiring the
Grantee to file state tax r�nms and pay delinquent state tax liabilities, if ang, or pay other state liabilities.
1. ENCUMBRANCE VERIFICATION
Individval cef2tfiu ihai furzds have been encumbered as
required by Minn Stat. ,�§ 16A.15 arsd 76C.05.
Signed: �� - 3 f1 '��l ,`���CEIr�
Date:
Grant Contrad No.• ' 006�F-0d28���00- 764
3. STATE�AGENCY
By.
Tifle:
Date:
z. cxnrrrEE � BY MAi�Y ERICKSON
The Grantee cenifes ihat the appropnate persan(s)
have ezecuted the grant corst an beha(j the Grantee ar
required Iqy app[icable anicrRs, bylaws, r olutions, ar ordinancu.
By' � � � � °
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Titke: �hief of Police
� / r
Dat�� 4 U
By:
Titlr. Gity Attorney
Date: / � �'�(.(�
�'" l C
s '�
CZ�(� 3�
Title: Dir c or, Financial Services
BY
�-L�ii'�a �r.c...,�,.,...�_!/
(witfi de7egated aWhori
�.fiU.n�a °
/��/�l�o
n;smvuao�:
Ageiu.y
��ce
State's Authorized Repiesentative
Tit1e: Mayor
By: --�
Title: Dire or, Human Rights
NGTF State Funding (I l/OS)
Meho Cra�g Strike Fome 06 ��_ �
LVUmOerGU -M 'J
EXHIBIT A
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OFFICE OF JUSTICE PROGRaMS
Grantee: St Paul Police Department
Grant Number: 2�06-MGSF-00286
Program Component: Gang Strike Force: Gang Strike Force
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Budget Category AWa
Personnel $280,000.00
Total $280,000.00
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AMENDMENT NO.1 TO GRANT CONTI2ACT # 2006-MGSR-00286/9300-1764
Original Contract Effective date: Januarv_l. 2006 Total Contract Amount: $ 298.']98.00
Original Contract Expuarion date: December 31. 2006 Original Contract Amount: $280.000.00
Amended Contract Expiration date: Previous Amendment(s) Total: $N/A
Current Amendment Amount: $18.798.00
This amendment is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of
7usfice Programs, 444 Cedaz Street, Suite 100, St. Paul, Minnesota 55101-5100 ("State") and City of St. Paul,
Police Depattment, 367 Crrove Street, St Paui, Minnesota 55106 ("Grantee").
Recitals
1 The State has a grant contract with the Grantee identified as Grant Contract 2006-MGSF-00386/9300-1764
for the purpose of fund'mg the combined operations of the Criminal Gang Strike Force and I�iazcotics Task
Forces. The State is responsible under Minn. Stat. § 299A.641 for administration of funds for the
organization and operation of the Gang and Drug Oversight Council (Council) and the combined operations
of the Crimanal Gang Strike Force and Narcotics Task Force.
2 The State and the Grantee have agreed that additional funding is necessary for the satisfactory completion of
this project.
3 The State and the Grantee are willing to amend the Original Grant Contract as stated below.
Grant Contract Amendment
In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined.
RE'VISION 1. Clause 4, "Consideration and PaymenY', Section 4.1, Paragraph (1) and (3) of the Original Grant
Contract is amended as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed ��$8;99A:8A $298.798.00,
according to the breakdown of costs contained in Revised Exhibit A, which is attached and
incorporated into this grant contract. The Grantee will submit any revisions to Revised Exhibit A as
described in Secfion 4.2 (2) of this gant contract and the revised budget must be approved by the
State's Authorized Representative before any expenditures can be made based on the revised budget.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed �58 $298.798.00.
$��}8�9A:98 $280,000.00 is available from January 1, 2006 through June 30, 2006. Funds nat
expended by the Grantee far this program through June 30, 2006 will be available in the following
state fiscal yeaz of this grant contract.
�4A�8&98 $18,798.00 is available from July 1, 2006 through December 31, 2006.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK,
Grant Amendment 02l04
AMENDMENT NO. 1 TO GRANT CON'TRACT # 2006-MGSF-00286l9300-1764
Except as amended herein, the tenns and conditions of the Original Grant Contract and all previous
amendments remain in full force and effect.
By execufion of this amendment, the teims and conditions of the Original Grant Contract and all previous
amendments are expressly restated and reaffiimed.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual cert�es thatfundr have been encumbered as
required by Minn. Stat y�,� 16A.15 and 16C_ 65.
Signed: gy.
(with delega[ed authority)
Date: Title:
GrantContractNo.: 2006-MGSF-002&6(930Q-1764 Date:
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have ceecuted the grant condact on behaljof the Grantee ¢r
required by appZicable articlu, bylaws, resolutions, or ordinances.
By:
Tifle: Chief of Police
Daze:
By:
Title: Czty Attarney:
Aate:
By.
Title: Director, Financia Services
Daie:
By:
Title: Mayor
Date:
By:
Title: Director� Human Rights
Date:
Dismbution: DPS/FAS
C�antee
Sfata's Authorized Representative
Grant Amendment 02/04 2
EXH{61T A
es ��z oFn� e
e � �
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e
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OFFICE OF JUST{CE PROGRAMS
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Grantee: St Paul Police Deparfinent
Grant Number: 2006-MGSF-00286
Program Component: Ganq Strike Force: Ganq Strike Force
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H:\ODP\OJP Grants & Amendments�AMENDMENTS�IvIGSF�2006-NGTF-00286 St Paul PD Summary l.doc