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06-808Council File # Green Sheet # RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: 1 1 1 WHEREAS, the City Council authorized the City of Saint Paul to enter the attached Strike Force grant 2 agreement amendment with the State of Minnesota on July , 2006 (council file #06-); and WHEREAS, this grant provides funding for the Saint Paul Police DepartmenYs participation in the State of Minnesota Criminal Gang Strike Force; and 10 11 12 13 ia 15 16 17 18 19 20 21 22 23 WHE1tEAS, a 2006 financing and spending plan needs to be established for this grant amendment; and WHEREAS, The Mayor pursuant to Sec6on 10.071 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $18,798 in excess of those estimated in the 2006 budget; and WHEREAS, The Mayor recommends that the following addirion be made to the 2006 budget: CURRENT AMENDED BUDGET CHANGES BUDGET 436-Police Special Projects Fund FINANCING PLAN: 3A155-Strike Force Grant 3400-State Grants in Aid 280,000 18,798 298,798 Total Changes to Financing 18,798 24 SPENDING PLAN: 25 34155-Strike Force Grant 26 0132-Not Certified Temporary(Seasonal Salaries 27 0439-Fringe Benefits 28 Total Changes to Spending 29 0 10,988 10,988 98,565 7,810 106,375 18,798 30 THEREFORE BE IT RESOLVED, that the Saint Paul City Council accepts this grant and approves the 31 changes to the 2006 budget. 32 Veas Absen[ f Requested by Department of: Adopted by Council:Date: ��� �� AdopYion CertiBed by Coancil Secretary: BY� /d/////�Ai1"1'lil.(�Sd� Approved by Mayor. ate: � lI� — d(p ,F7 By: ��� d/ -�'D� 3031889 Q'\Fiscal�P,O&Cf7�2006\Strike Poroe Grant butlget.cc2pO6xls By: � tQ� C� f� i�� �'�a2S -DG �_Green Shest Green Sheet Green Sheet Green SheetGreen Sheet Green Sheet � D6-�a� DepartmenUoffice/council: Date Initiated: pD — po�ice�,arm,em o�-A��6 Green Sheet NO: 3031889 I Deoartment SentTOPerson InitiaVDate Contact Person 8 Phone: i Chief John Hartington 0 olice De a nt P li rhnent � 26Cr5588 /��yn 1 olice De ent PoGce De a e t ; Must Be on Council Agenda by (Da[e): Numbe� p ioa cial S 'ces O ce Fnancial S rvi For --� Routing 3 ome Ci • Atto e � Ordef 4 r' fice Ma o S 5 u cil Ci Cou cil 6 G7erk i Clerk 7 olic De a ent Police e a ent Total # of Signature Pages (Clip All Locations for Signature) Action Requested: Signatures on the attached commcil resolution accepting the attached Strike Force grant amendment and establishing a 2006 fmancing and spending plan for the grant. 1 � RecommendaBOns: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Foilowing Ruestions: 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 person/firm ever been a city employee? � Yes No 3. Does this personlfirm possess a skill not normally possessed hy any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City Council authorized the City of Saint Paul to enter into the attached Sh Force Grant agreement on July 26, 2006 (council file#06-684) (see attached). This grant needs to be accepted and a 2006 financing and spending plan needs to be established for this grant agreement. For more information regarding this grant agreement please give Amy Brown a call at 651-266-5507. { AdvantaqeslfApproved: Additional funding for the Saint Paul Police DepartmenYs participation in the State of Minnesota Crnninal Gang Strike Force. Disadvantages If Approved: ��C�IVED None. ������ g�� �i�� �r � Zdfls d 9 � Disadvantages 1f Not Approved: Inability to use Strike Force grant funding available. ���� 'q���CJ��� ��•� [l i i r Total Amount of • � ` Transaction: �$]798 CosURevenueBUdgeMd: RQ$ �af h C s C j Funding Source: �n`ef � State of Minnesota Activitv Number: 34155 A�G t (1 Financial Information: �`� �QU6 (Explain) . ! , , b�e —��� AMENDMENT NO.1 TO GRANT CONTRACT # 2006-MGSF-00286/9300-1764 Original Contract Effective date: 3anuary 1. 2006 Total Contract Amount: $298.798.00 Original Contract E�iration date: December 31. 2006 Original Contract P,mount: $280.000.00 Amended Contract Expiration date: Previous Amendment(s) Total: $N!A Current Amendment Amount: $18.798.00 Tlus amendment is between the State of Minnesota, aeting through its Commissioner of Public Safety, Office of Justice Programs, 444 Cedaz Street, Suite 100, St. Paul, Minnesota 55101-5100 ("State") and City of St. Paul, Police Department, 367 Crrove Street, St Paul, Minnesota 55106 ("Grantee"). Recitals 1 The State has a grant contract with the Grantee identified as Grant Contract 2006-MGSF-00386/4300-1764 for the purpose of funding the combined operations of the Criuzinal Gang Strike Force and Nazcotics Task Forces. The State is responsible under Minn. Stat. § 299A.641 for administration of funds for the organization and operation of the Csang and Drug Oversight Council (Council) and the combined operations of the Criminal Gang Strike Force and Narcotics Task Force. 2 The State and the Grantee have ageed that additional funding is necessary for the satisfactory complerion of this pro}ect. 3 Tt�e 5tate and the Grantee aze 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 tivill be underlined. REVISION 1. Clause 4, "Consideration and PaymenY', Section 4.1, Paragraph (1) and (3) of the Original Grant Contract as amended as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $�8&899:88 $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 snbmit any revisions to Revised E�ibit A as described in Secfion 4.2 (2) of this 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) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee undertlus grant contract will not exceed �89;999:09 $298.798.00. ��48;898:88 $280,000.00 is available from January 1, 2006 through June 30, 2006. Funds not expended by the Grantee for this program through 7une 30, 2006 will be available in the following state fisca7 year of this grant contract. ��4a,888:89 $18,798.00 is available from 7uly 1, 2006 through December 31, 2006. REMAIlVAER OF PAGE INTENTIONALLY LEF'I' BLANK. Grant Amendment 02/04 . AMENDMENT NO.1 TO GRANT CONTRACT # 2006-MGSF-00286/9300-1764 �� � Except as amended herein, the tezms and conditions of the Original Grant Contract and all previous amendments remain in full force and effect. By execution of this amendment, the terms and conditions of the Original Grant Contract and all previous amendments are expressly restated and reaffumed. 1. EI�TCUMBRANCE VERIFICATION 3. STATE AGENCY Irsdividual cert� thatfunds have been encumbered as required by Minrc. Stat. §§ 16A.15 aezd 16C.05. Signed: BY- (wiih delega[ed authority) Date: Tifle: G:antComraallo.: 2006-MGSF-00286/9300-1764 Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the g>ani contract on behatf of the Grantee as required by applzcable articler, bytaws, resolutians, or ordinances. By: rtie: Date: By: Title: Date: By: 'IYtle: Date: By: Title: Date: By: TiHe: Date Distributwn: DPSlFAS Giantee Siate's Authoriz.ed Representative Grant Amendment 02/04 2 REVISED EXHIB��A� � � . � � • . ' � � � e OFFICE OF JUSTICE PROGRAMS �� _ � Grantee: St Paul Pol7ce Deo� Grant Plumber: 2006-MGSF-00286 Program Component: Ganq Strike Fosce: Gang Strike Force Page i of i H:IODP\OJP Crranu & Amendments�AMENDMEN't'SV�iGSF�2006-NGT'F-00286 St Paul PD Summary l.doc �;� _� � y �-� -G b (� �Sb� STATE OF NIINNE50TA GRANT CON'TRACT TYus grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety Office of 7ustice Pro�me_ 444 Cedar Street. Suite 100 St. Paul. MN 55101-5100 ("State") and Citv of St Paul Police Department, 367 Grove Street St Paul. Minnesota 55106 ("Grantee'�. Recitals 1 Under Minn. Stat. & 299A.01. Subd 2(41, the State is empowered to enter into ttds grant contract. 2 The Grantee represents thaY it is duly qualified and agrees to gerfotm a11 services described in this grant contract to the satisfaction of the State. 3 State funds for this grant conttact are provided in I,aws of Minnesota 2005, Chaptet 136, Article 1, Section 9, Subd. 6 for the purpose of funding the combined operations of the Critninal Gang Strike Force and Nazcotics Task Forces. The State is iesponsible under Minn. Stat. § 299A_641 for adininistration of funds for the organization and opention of the Gang and Drug Oversight Council (Council) and the combined operations of the Ccuninal C�ang Strike Fome and Narcotics Task Force. 4 The State is in need of services that fulfill this purpose. Grant Contract 1 Term of Grant Contract I.1 Effective date. January 1, 2006 or the date the State obtains all required signatures under Minnesota Statutes Section 16CA5, subdivision 2, whichever is later. Once dus grant contrnct is fully executed, the Gtautee may claim reimbursement for expenditures incurred pursuant to Clause 4.3 of tkris grant contract. Reimbursement will only be made for those expendit�ues made according to the tern3s of this gant contract. 12 Expiration date. December 31. 200b, or until all obligations have been satisfactorily fulfilled, wluchever occurs first. � 13 Survival of Terms. The following clauses survive the expirarion or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Prnetices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction, and V enue; and I5. Data Disclosure. 2 Grantee's Duties 2.1 Activiiies• The Grantee, who is not a state employee, will perform all of the duties and tasks sQeciSed iu the appficable Request for Proposal and the Grantee's gant application for this progzam, which aze incorporated by reference into this grant contzact and aze on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee shall also comply with all program standards, which aze hereby incorpornted by reference into tlus grant contract and made a part of this grant contract. Gr�ntee will sign a joint powers agreement that addresses common issues including but not limited to: putpose, scope of work, work location, command structure, terms of participation, and use of forfeited assets. 22 Reporting Requirements. Grantee sY�all report to the State as specified in the Office of 7ustice Program's Grant Nfanual, which is hereby incorporated by reference into tlris grant contract and made a part of ttus grant contract. (1) Financial Reporting. Grantee shall submit a fuzancial reporting form to the State utilizing the fozmat identified by the State within 30 days after the end of the reporting period. (2) Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing pragress achieved towazds the accomplishment of the program goals and obj ectives wiUun 30 days after the end of reporting period. (3) Other Aequirements. Grantee shall submit such other reports and attend meetings and traiuing as State shall reasonably request. (4) Evaluation. State shall have the authority, during the course of this grant period, to conduct an evaluarion of the performaupe of the Grantee. (5} Requiremeni Changes. State may modify or change all reporting fomis 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 o£ the NGTF State Funding (11/OS) n S F rc ' p]p Grant Number 2006-MGSF-00286 � t ��� grant, special administrative requirements deemed necessary to assure the Gi�..�tee's successfut imgiementation of the program. 'i'he State will noti£y the Grantee in writing of any special admi2nstrative requirements. 3 Time The Grantee must comply with all the time requirements described in this gant contract. In the perfonnance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Cansideration. The State will pay for all services performed by the Gtantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to excced $280.000.00, according to the breakdown of costs contained in E�ibit A, which is attached and incorQorated into this grant contract. The Grantee will submit any revisions to E�ubit A as descrihed in Section 4.2 (2) of this grant contcact and the revised budget must be approved by the State's Authorized Representative before any expenditures can be made based on the revised budget. (2) Travel Ezpenses. Reimbursement for travel and subsistence expenses actuaily and necessarily incurred by the Grantee as a result of this gant contract will be paid in the same manner and in no greater aznount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this grant contraet by reference. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it l�as received the State's prior written apptoval for out of state travel. Minnesota will be considered the home state for detemrining �yhether travel is out of state. (3) Total Obligation. The total obligation of the State for aIl compensation and reimbursements to the Grantee under this grant contrnct will not exceed $280.000.00. $140,000.00 is available from Januazy 1, 2006 through June 3�, 2006. Funds not expended by the Grantee for this program through June 30, 2006 will be available in the following state fiscal year of this grant wntract. $140,000.00 is available from 7uly 1, 2006 through December 31, 2006. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Progzain's Graut Manual. (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each source of funding received. Grantee shall comply with the current Office of 7ustice 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 application forms prescribed by the State. No funds from a specific fiwding source will be disbursed for activities that do not meet the requirements of that fitnding source. (2) Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representative before any expenditure can be made based on the revised budget. Submission and approval of a budget amendment is necessary if a) a line item will devia"te by $200 or 10%, whichever is higher, from the appmved budget, or b) a new line item that was not part of the approved budget will be created. (3) Closeout. Grantee shall have until 30 days after the Expiration date of this grant contract, to submit a report of all fixnds and interest received and disbursed, If a report is not submitted within this time period, expenses claimed on the report may be disallowed and the State may request a refund of those monies from the Grantee. (4) Records. Grantee shall retain all financial records for a nvnimum of six (� yeats after the date of submission of the final financial status report, or until completion of an audii which has commenced before the expuation of this six-year period, or until any audit findings and/or recommendations from prior audit(s) have been resolved between the Grautee and State, wluchever is later. 43 Payment Invoices. The State will promptly pay the Grantee after the Giautee presents an itemized invoice for the services actually perfoimed and the State's Authorized Representative accepts the invoiced services. Invoices must be subnnitted timely and according to the following schedule: Itemized invoices wiil be filed in arrears at least �uarterly, but not more often than monthlv and within 30 davs of ttie period covered bv the invoice fpr services satisfactorilv,performed. NGI'F State Funding (I OJP Grnm OL����S Final invaice pertainingto the fi�t state fiscal year of this erant contract must be received by Sulv 31. 2006, Reimbursements from the second state fiscal vear mav commence on or after Julv 1 2006. The fmal invoice pertainine to the second state fiscal vear of this eiant contract must be received within 30 davs afrer the Exniration date of this___grazit contract. Exuenditures for each state fisca�ear of this �mnt contract must be for services performed within the aonlicable state fiscal vear Everv state fiscal �car beeins on Sulv 1 and ends on Sune 30. 4.4 Federnl requirefnents. (Where applicable, if blank this section does not apply) Payments under ttus grant contract will be made from federal funds obtained by the State througti CFDA The Cmantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial iesponsibility for any requirements imposed by the ('srantee's failure to comply with fedecal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfacrion, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinazices, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactocy or performed in violation of federal, state, or local law. Authorized Representative The State's Authorized Representative is 7esse Standal Grants Specialisi Intermediate Office of Just c� e Proerams 444 Cedaz Street Suite 100 St Paul Minnesota 55101-5100 (651) 28G-3208. 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 conhact. 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 Strcet St Paul Minnesota 55101 (6511266-5959. lf the Gzantee's Authorized Representative changes at any time during this grant contract, the Grantee must nnmediately notify the State. 7 Assignment, Ameudmeuts, Waiver, and Grant Contraet Comglete 7.1 Assignment The Grantee may neither assign nor transfer any rights or abligations under this gcant contract 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. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective unril it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. ff the State fails to enforce any pmvision of this grant cotthact, that failure does not waive the provision or its right to enforce it. 9.4 Grant Contract Completz This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either P�3'• 8 Liability The Grantee must indemuify, saue, and hold the State, its agents, and employees l�armless from any claims or causes of action, including attomey's fees incurred by the Sfate, arising from the performanee of this grant contract by the Grantee or the Grantee's agents or �mployees. This clause will not be coiLStrued to baz any legal remedies the Ginntee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Giantee's books, records, doc�ments, and accounting procedures and pracflces relevant to this grant contract are sub}ect to exanunation by the State and/or the State Auditor or Legislative Nfi7'F State Funding (11lOS) �� ���� Auditor, as appropriate, for a minimum of six yeazs from the end of this' grant contra�.. 1� Governmeat Data Practices The �'nantee and State must comply with the Minnesota Government Data Practices Ac�, ivfinn. Stat. Ch. 13, as it applies to all data provided by the State under this grant conhact, 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 re£ernd to in this ciause by either the Gtantee 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 insttuctions conceming the release o£ the data to the requesting party before the data is released. 11 Workers' Compensafion The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining 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 these employees and any claims made by any Chird parcy as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibitity, 12 Publicity and Endorsement 12.1 Publicity. Any publicity regazding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written �ppmval $om the Siate's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamplilets, press releases, research, reports, signs, and similar public notices prepared by or for the Grautee individually or jointly with others, or any subcontractors, with respect to the prograzn, publications, or services provided resulting from this grant contract. 12.2 Endorsement The Grantee must not claim that the State endorses its groducts or services. 13 Goveming Law, 3urisdiction, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. V enue 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 14.1 Termination by the State. The State may cancel this gant contract at any rime, with or without cause, upon 30 days' written notice to the Cnantee. Upon tenuination, the Csrantee will be entitled to payment, detertnined on a pro rata basis, for services satis£actorily performed. 14.2 Terminution by the Grantee. The Grantee may request tenninarion upon 30 day's notice to the State's Authorized Agent. L3pon termination the Grantee is entitled to payment for services actually performed and agrees to return any unused funds to the State. 143 Termination fnr Insu�cient Funding. The State may immediately tenuinate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient ta allow for the payment of the services covered here. Teimination must be by written or fas notice to the Grautee. The State is not obligated to pay for any services that aze provided after notice and effective date of teimivation. HQwever, the Grantee will be entitled to paysnent, determined on a pro rata basis, for services satisfactorily perfotmed to che extent that funds aze available. The State �vill not be assessed any penalty i£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 Cnautee notice of the lack of funding within a reasonable time of the State receiving that norice. NGTF State Fmding(11/OS) Metro Gang Strike Force 06 �____ —?-- � nt umber 2� ' I / .J �. 15 Data Disclosnre � � Under Minn_ Stat § 270.66, and.other applicahle law, the Cxrantee consents to disclosure of its sociat security number, federal employer t� identification number, andtor Minnesota tax identification number, akeady provided to the State, to federnl and state taY agencies and stata personnel involved in the payment of state obligations. These identification numbeis may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state taY returns and pay delinquent state tas liabiliries, if any, or pay other state liabiliries. 1. ENCUMBRANCE VERIFICATION Individual cenifiu thatfundr have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: £': �.� Date: GrzntContraallo. Ofi�(�CF_0(} % A�inn_ -rr,a 3. STATE�AGENCY By. 'fitla: IYate: z. cxnxrEE � BY MARY ERICKSON �. The Grantee cenifies that the appropria[e persars(s) have erecuted the grant contract on behalf qf the Grantee as required by applicab[e articl�s, bylaws, refalutions, or ordinances. � of Police Br- Title: C'ity Attorney Date: By: Tit] By: TitYe: Mayor a - — Tit1e: Dire or, Human Rights � �� � � (wtth'de7egated aurhority ,�P�u�� � /��/fl�� Distnbution: �8�1' Gnatee State's AuNwriied Rep[esentative i1GTF State Funding (i l/OS) Metro Gang SVike Foroe 06 J __ t---- ,1 rvumder - �s za c��e-�og � °`"��, t �//�� � �4g � N� � �. r N y� �oF� OFF{CE OF JUST{CE PRaGRAMS Grantee: St Paul Police Department Grant Number: 2006-MGSF-00286 Program Component: �ang Sfrike Force: Gang Strike Force EXHfBIT A 7� e ' `� }° i+.3� � Budget Category Awarci Personnel $280,000.00 Total $280,000.00