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07-1128Council File # Presented By: Referred To: RESOLUTION CITY OF SAINT PAUL, MINNE50TA Green Sheet # �� 1 WHEREAS, the City Council authoriaed the City of Saint Paul, Police Department, to enter into an agreement with the 2 State of Minnesota, Department of Public Safety, to participate in the Compliance Check Grant on October 13, 20�7 3 council file #07-917; and 4 WHEREAS, this agreement provides funding to monitor and conduct surveillance on liquor establishments 5 in Saint Paul; and 6 WHEREAS, a 2007 financing and spending plan needs to be established fox this project; and 7 S WHEREAS The Mayor pursuanC to Section 10.07.1 of the Charter of the City of Saint Paul does certify that there are 9 10 11 12 13 14 I5 16 17 78 19 20 21 22 23 24 25 available for appropriation funds of $2,500 in excess of those estimated in the 2007 budget; and WHEREAS, The Mayor recommends that the following addition be made to the 2007 budget CIIRRENT BUDGET CHANGES 436-Police Special Projects Fund FINANCING FLAN: 34148 - Underage Compliance Checks 3199 - Other Rederal Direct Granta Total Changes to Financing SPENDING PLAN: 34148 - Underage Compliance Checks 0141 - Overtime 0439 - Fringe Bene�ts U449 - Worker's Compensation 2,500 2,500 2,130 285 ti5 2,500 2,130 285 2i5 26 Total Changes to Spending 2,500 27 - 28 THEREFORE SE IT RESOLVED, that the Saint Paul City Council approves these changes to the 2007 29 budget. 30 Veas Absent �dopted by Council:Date: �� ��8 b�' T �doption Cerri�ed by Council Secretary: ;y: ppn Y� Requested by DeparYment Po ice � By . � � A o m ded t By: Form � by City 0?-//�{ 3045290 AMENDED BUDGET Services: Council: By: Underage Compliance Check Gfant OnanCing and spendmg plan cr.xls � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D� -I/�-g DepartmenUo�cdcounCil: ; Date Initiated: i Po -po�;��,�,� ;,�-�-0� ; Green Sheet NO: 3045290 Contact Person & Phone: Chief John Harrington 266-SS88 by Doc. Type: RESOLUTION W/$ TR4NSAC EDocumeni Required: Y Document Contact: Evette Scarver ConiaN Phone: 266-5541 Total # of Signature Pages � (Clip y � .��a,..,,�,,. , �._.�.,.. 0 � oliceDepartment r PoliceDepazUnent I Assign � 1 �oliceDepazhnent I PdiceDenazdnent Number i 2 mancial Services Director Fivancial Serciw � For Routing j 3 ity Attorney ' City At[ornev Ortler � q A4lavor•sOftice Mavor 5 Comcil I City CounN i 6 ,City Clerk , Citv C{erk _ � 7 olice De ar6neot I Police De az6nent All Locations for Signature) Action Requestetl: Signatures on the attached council resolution establishing a 2007 financing and spending plan for the Compliance Check grant. �tlat�ons: Approve (A) or R Planning Commission C16 Committee Civil Service Commission 7. Nas this person/firm ever worketl untler a contract for this department? Yes No 2. Has this personffirtn ever been a ciry emptoyee? Yes No 3. Does this pe�son/firm posses5 a skilf not nottnally possessed 6y any current city employee? Yes No Eacplain all yes answers on separate sheet and attach to green sbeet ' Initiafing Problem, lssues, Opportunity (Who, What, When, Where, Why): '� The City of Saint Paul, Police Depattment, has received a Undezage Compliance Check grant from the State of Minnesota for the period July 1, 2007 ihrough May 31, 2008. A financing and spending plan needs to be established. Advantages If Approved: This grant provides funding to monitor and conduc[ surveillance on ]iquor establishmen[s in the Ciry of Saint Paul. �' Disativantages If Approvetl: None. Disadvantages H Not Approved: Lost opportuniry to use grant fundings to conduct surveillance on liquor establishments in the City of Sain[ Paul. Transaction: $2,500.00 Funding Source: 436 Financial Infocmation: (Explain) CostlRevenue Budgeted: Activiry Number: 34148 October 17, 2007 9:13 AM Page 1 R,ESOLUTION OF 5AIlXT PAUL, MII�TNESOTA Presented By: Referred To: i Z 3 4 5 6 7 8 9 l0 11 f2 13 lA 15 16 r� �s 19 20 21 22 23 24 25 26 27 28 Committee:Date: WFIEREAS, fhe City of Saint Paui, PoIice Aepartment, has been awazded an Coznpiiance Check gant to monitor and conduct suzveillance on liquor establishments within the City of Saint Paul for the period of 3uIy I, 2007 through Pvlay 31, 2Q08; and BE TT RESOLVED, that ttze Saint Paul City Council acoepts this grant and authorizes the City of Saint Paul to enter into, and Chie£ John Hairingtoa to implement the attached agreement with the vIinnesota Deparhnent of Public Safety, wluch includes an indemnification clause. A copy of said agreement is to ba kept on file and on record in the Office of Financial Services. 29 30 Requested by Bepartment af: By: Thune I ' � � I fo 1 Adopted by Council: Date: /p� Adoption Cerh by uncil Secretary: BY� �rr_ �rr��i'� Approved B�: Date: Conncil F�e # d � j Green Sheet# 3043711 D7-!la l � Fo�h Ap oved by City�Attorney; $y: � r - � ? 1 v� Appr ed 6 1� r for bmission to Council: � '. B}'. Q:�FiscaMO&CR1200TUrderagedrinwng7 1_07Mru5_31_08x1s �:> , a� �r�-� , Crrant Contract No. 9100-985 STATE OF 1VIINNESOTi1-� GRANT CONTRACT ` "I'his grarn contract is between the State of Minnesota, acting through its C6� sioner of Public Safetg Alcohol & Gamblin Enforcement Division. 444 Cedar Street Suite 133 Town Sauare St� P MN 55101-5133 ("Stat�") and Citv of Saint PauL Saint Paui Police Depaztment 367 Grwe StreeL St Pau1 MN 55101 ("Grantee"). 3 A Recitals Under Minn. Stat, § 299A01. Subd 2(4) the State is empowered to enter into this grant contract. Federal Funds for flvs grant contraet aze provided under the iI.S. Deparhnent of Justice's Enforcing Underage Drinldng I,aws Program to enforce underage drinldng laws and educate alcohol retailers and establislunents regarding underage drinking laws. The State is in need o£ altemate enforcement activities by locai jurisdictions to address underage persons in possession of aicohol, The Grantee represents that it is duly qualified and agrees to perform all services described in this gant contract to the satisfacllion of the State. Grant Contract Term of Grant Contract 1.1 Effective date: Julv I. 2007, or the date the State obtains all required signatures under Mimusota Statutes Section 16C.05, subdivision 2, wtrichever is later. Once this grant contract is fiilly eacecuted, the Grantee may claim reimbursement for eacpenditures incurred pursnant to Clause 42 of this grant contracG Reimbursements will only be made for those expendit�nes made accarding to the terms of t}us grant couUract. 12 Expiration date: 31, 2008, or �mtil all obligations have been satisfactorily fiilfilled, whichever occtus first. 1.3 Survival of Terms. The following clauses survive the �piration or cancellation of this grant contract: 8. Liability; 9. 5tate Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction, and Vemie; and 15. Data Disclosure. Grantee's Duties Tiie Csrantee, who is not a state cmployee, will: 2.1 Conduct independent investigations of adult providers of alcohol and underage use of alcohol as specified in the Grantee's Aiternate Enforcement Grant Application, Attachme� A, which is attached and incorporated into dvs grant contract and in the applicable application guidance that is incorporated by reference and made a part of this gant coniract Tlxe approved investigarion is for surveillance activity as described in Attachmcnt A. Grantce's employees will only be reimbursed for hours that officers work on a day off or on a shift extension. 2.2 Report �indings back to the State using the State approved reporting form. '£he State may modify or change all fotms at ffieir discretion during the gant teim 2.3 Report all liceused liquor establist�ments failing compliance checic to local fiquor license issuer to impose penalty p�ssuant to Minn. Stat § 340A.415. 2•4 Grantee will comply with the Smgle Audit Act Amendments of 1996 and Office of Management and Budget Circulaz A-133. Federal Audit Requirements is attached and 'mcorporated and made part of this gant contract. See Attachment B. 3 Time The Grantee must comply with all the time requirements described in this grant conlract. In the performance of this grant confract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. Ttte State wiIl pay for all services performed by the Crrantee under this gant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed �2 500.00. for reimbwsement of officer actual overtime, includin�ge benefits for conductine ind?pendent investigations of adult nroviders of aicohol and underape use of alcohol under this �rogram atr�,�e� snt'o,re�� o�io� 0�-i/a8 Grant Conhact No. 9100-985 (2) Totat Obligarion. The totai obligation of the State for all compensation and reimbursements to the Grantee imder tiris grant contract will not exce�i $2 500.00. 4.2 Payment (1) Invoiccs. The State will prompUy pay the Grantee after the Grantee presents an itemized imroice for the services actually performed and the State's Authorized Representative accepts the nrvoiced services. Imroices must be submitted timely and according to the following schedu]e: Itemized iavoices will be filed in arreazs at least quartedy but not more often than monthly, and within 30 days of the period covered by the invoice for work satisfactorily performed using the form provided by the State. Final imoice must be received no later than 30 davs aBer the Expiration date of this grant contract. (2) Federal funds. (Where applicabie, if blank ttvs section does not apply) Fayments timder this grant coniract will be made from federal funds obtained by the State through CFDA number 16.727 of the Appmpriatioas Act for the Aepazhnent of Commerce Justice State the Judiciazy and Related Agencies of 1999 and amendments thereto. Ttae Grantee is responsible for compliance wifh atl federal requirements imposed on these funds and accepts full financiai responsibility for any requirements imposed by the Cnantee's failure to comply with federal requirements. 5 Condirions of Payment All services provided by the Grautee under this grant coniract must be performed to the State's satisfaction, as detem�ined 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 unsatisfactory or performed in violation of federal, staCe, or local law. 6 Aathoriud Representarive The State`s Authorized Representative is Mazlene Kjelsberg�Supervisor, 444 Cedar Street, Suite 133 Town Square. St. Paul MIS 55101-5133. 6S 1 201-7503, or her sucr,essor, and has the responsbility to monitor the Grantee's performance and the authority to accept the services provided under tiris grant 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 Cluef John M. Hazrington. City of Saint Paul. Saint Paul Police Departme�rt, 367 Grove Street St Paul. MN 55101(651) 265-6920. If the Grantee's Atrthorized Representative changes at azry time during this grant contract, the Crrantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complefe 7.1 AssignmenG The Grantee may neither assign nor transfer auy rights or obligations under this grant conhact without the prior conseut of the State and a fully executed Assignment Agreement, executed and approved by the same pazties who executed and approved this grant conlract, or their saccessors m office. 7.2 Amenrlment.c. Any amendmeut ta this grant contract must be in writing and will not be effective until it has been executed and approved by the same partles who executed and approved the ariginal grant contract, or their successors m office. 7.3 Waiver: If the State fails to enforce any provision of tlus grant contract, that failw�e does not waive the provision or its right to enforce it. 7.4 Grarrt Contrad Comptete Tlus grant comract contains all negotiations and agreements between the State and the Grantee. No other imderstanding regazding this grant coniract, whether written or oral, may be used to bind eitlxet pazty. Altemate Enforcement 07/07 07--I/� $ Grant Conh'act No. 9100-985 Liability The Grantee mnst indemnify, save, and hold the State, its agents, and emplayees Hacmless from am� claims or cat�ses of action, including auomey's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employces. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfiSl its obligations under this gram co�mact State Audits Under Minn. Stat. § 16C.05, subd 5, the Grantee's books, records, doc,wnents, and accounting procedwes and practices relevant to this grant contract are subject to Pxa,,,;nation by the State ancUor the State Auditor or I.egislative Auditor, as apprapriate, for a minimum of six years from the end of this gFant contract. 10 Government Data Prac�ices The Grantee and 5tate must comply with the Minnesota Govemment Data Practices Act, Minn Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, re�eived, stored, used, maintained, ar disseminated by the C.rantee under this grant coniract. The civil remedies of Minu. Stak § 13 A8 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grautee receives a request to release the data referred to in this Clause, the Crrantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the datx is released. 11 Workers' CompensaUon The Grantee ceriifies that it is in compliance with Minu. Stat. § 176.181, subd 2, pertaining to workers' campensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims tbat may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third parly as a consequence of any act or omission on the part of these employees are in no way the State's obligation ar responsibility. 12 Pubficity and Endorsement 12.1 Publicity. !wy publicity regarding the subject matter of this grant contract must ideutify the State as the sponsoring agency and must not be released without priar written approval from tLe State's Authorized Represeutative. For purposes of tivs provision, pnblicity includes notices, infomrational pamphlets, press releases, research, reports, signs, and similaz public notices prepazed by or for the Grant� individually or jointly with others, or azry subcontractors, with respect to ffie program, publicarions, or services prrnided resulting from tlris grant contract. 122 Endorsement. The Grantce must not claim that the State endorses its products or services. 13 Governing Law, 3urisdiction, and Venue Pvlinnesota law, without regazd to its choice-of-law provisions, goveras this grant contract Venue for all legal proceedings out of tiris gant contract, or its breach, must be in the appzopriate state or federal court with competent jurisdiction in Razusey Gounty, Minnesota_ 14 Terminateon 14.1 Termination by the State The State may cancel this grant cantract at any time, with or without cause, upon 30 days' wri#en notice to the Grantee. Ugon termination, the Grantce will be entitled to payment, determined on a pro rata basis, for services satisfactor;ty performed. 14.2 Termination for Insufficient Funding. The State may immediately terminate ttus grant contraet if it does not obtain fimding from the Minnesota I.egislature, or other fimding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fuc nodce to the Grautee. The State is not obligated to pay for any services that aze provided after notice and effective ANemate Eoforcemetrt 07{0? D7�/l�8 Grant Contract No. 91D0-985 date of terminafion. However, the Grantee vrill be entitied to payment, detennined on a pro rata basis, for services satisfactorily perfoimed to the e�ctent t6at funds aze available. The State will not be assessed any penalty if the gFant contract is terminated because of the decision of the Minnesota Legislah�re, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State rec,civing that notice. 14.3 Termination for FaSlure ta Comply. The State may cancel this gaut contract immediately if the State finds that there has been a failu�e to comply with the provisions of dris grant, that reasonabie progress has not bcen made or thaY the purpose for which the fimds wete granted have not been or wi1l not be fulfilled, the State may take action to protect the interests of the State of Minnesota, including the refusat to disburse additional fimds and requuing the retum of all or part of the fimds already disbnrsed. IS Data Disclosure Under Ivtinn. Sta� § 270C.65, and other applicable law, the Grantee consents to disclosure of its social s�urity number, federal employer tax identificatian number, and/or Minnesota ta�c identification number, already provided to the State, to federal and state tax agencies and state persoffiel involved in the payment of state obligatians. These identification mmibers may be used in the eaforcement of federal and state taac laws which could resuit in action requiiing the Grautee to Sle state tas retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. L ENCUMBI2ANCE VElLIFICATION Individua! cwtlfies ihaifvnds have bee» encumbered as required byMinn. Sta� §§ 16R.15 and 16C.D5. 3. SfATE AGENCY By. (with delegated authority) Tifle: Date: Gcant ContractNo. 2. GRANTEB Ths Gran[ee cerh�es thai Lhe appropriqte have executed thegrnnt conbact on behalfof Jhe GraMee as required by appZicable arfides, bylaws, resolutians, or ordrnances. � Titte. Chief of Police Dxte: � T;Ue: �irector, Financial SPrvirPG Date: By: Title: City Attorney Date: � Title: Ma Date: Disfnbution: DPS/FAS C�cat6ee State's Authorized Representalive Akemate Enforcameot 07/07 ;. � `' ;:�s='i' ��'`,.��- F. .� ; `" ' :,. " r : : .7 "£0'd '�101 . � ; . � '>. " >` Hra " i,, f �. ., �� r f' c�:,',: , - .. �i' ..:': ._ . ,ry'�':` " ""' • . .� ._ A � t:. �, k ""1 . L •, :;. .'F • ,�; ;.$. ,.. ��. .., �' � ,:t � . ; �(`;,.�. ; .`�'.'��; �,: :a;;,, 'n i .�A . '��. , �; i �r . , c�i :s�� I:ti, . ,� : I 4 i I • 1 t,; :,,', y rJ�: �% :'„ ! � �., �P9 �j � . :' �1 j i � . . _' .. . _. f L / ���� � �. .� . Attachment A � Page 1 of 1 �"�-" � �� - � � � ". , Alterriate Enforcement Grant Appl�cation ',i . ' i ; ' - . ' Dato ofAppIication: Mny Z, 2007 ' , Law Fsnfa,memeat Agency Namr. St Paul Po$� }�epattment �. ' - i ;, , � '; - i = � � � = ChiefIaa� Enforoeaieat Offica Name: 7oht1 M� Hetr3n l; i.'! i�ep' �m�m' 'ent�?.ddroas: 367 Giv`ve Sireet, St Psul, MAi SS �' �"' a �' ' ���_r:;�,'� ..�.;� i; , ,�:, , ; DepB[�eiClitFrMeil,address:G�aig.gT0me3t�d.5tpa�ll•fUn.u5 i . � ; - I " ;. ; . ' �aw �f �dro�ment (hamt Appticant Name: St Pau! Policc Departmoat , tlpplicaaiPhoaeNumber. (651)2b5-69?A " i �° " .= j Fadarsl Employtr ID �: 41-6005521 ; , � .. , Number ofeworn officas 3n � ; � depactme¢t S64 , , MN Tax ID �: 008425095 �,� 1 ' , E . ;f , t � � ;�E � ; , ; ' . ��, , � . � � t i ;;K `�,�,'. Anflapated dates when efternate enfaroanent activities wi11 be done. '�;}:;� f� Will stext on 3uty I, 2D07 . �. ; •=•' �'��� Choaks iwili be conducted weakly uual all eompieted '�: •;' • ; � ; .. ' : , ; , � ';' Number: of offieers needed for anf � �,' .,• , , � �, oreemeat aotivity: 4 : ��'���;}'• ` ; - Nvmbet;ofhotu`s;ai�iv�itywooldbedona(per % .• , r', , :., , � �i' - i. � , � �,E_;� ;. .i ji . �'��'i_ .��'`j . .,, i_ . . . ' i� . ' �° �� In itata�; descdbe the Altemati�Enfo�cemcnt P.ctivi ig cc wovld do7 �� �( ' (A�tach dddi,tinnal ' � if'n ` tYYo � �' � � Page ceessarq)- � � � � if St Paui Polix have, aprogani eatlad Zero AlaoLol Ptoviders (7,.AP)• T'hia targets our ; eoilage eamPuees end surmvnd'mg aeighborboode to control 1arg�liovie perdes and tha consumpdna of aicohol bp"minor9. Aiso migcts tliOa�wha whoiII provida slcohol to , �� ��8a� �� br to tho beginniag ofthe coDcg�'schoo] year end nms 6 - � : i ' f f: �.' � �,r, �'� t i, � } ,. �:- ,:_. : , �'. E �_ i; ` j �: 4 ,. �; �' � t `. i !- s �` S �� Euhi6it B, page 1 of 2 FEDERAI. AUD{T RE4UIREMENTS � �i/� / 1. For subreaoients that are state or tocal aovernments, non-orofit orqanizafions, or Indian tribes If the greMee eupends total federal assistance of $560,000 or more per year, the grarrtee agreesto obtain either a single aud'R or a program-specific audit made for the fiscal year it� accordance wifh the terms of the Single Aud'R Act Amendmenls of 1996. Audits shaii be made annuaify unfess ihe state or focal government has, by January 7, 1987, a constihyfiona{ or statutory requirement for less frequent audits. For those govemmerrts, the federal cognizantagency shaii permit biennial audits, covering both years, ifthe govemmentso requests. Ifshaii also honor requesis for bienniai audits bygovemments that have an admirtistrative policycalGng foraud'ds less frequent than annua�, but only audits prior to 1987 or administrative policies in place prior to January 1,1987. Eor subrecioients that are institutions of hiaher education ar hosoitals If the grantee expends totaf direct and indirect federa� assistance of $500,000 or more per year, the grantee agrees to obtain a financiai and compiiance audit made in accordance with OMB CircutarA-110 "Requ+rements iw Grents and Agreements with Universfies, Ftospita{s and Otfier fVonprofit Organaations" as applicable. The aud'Rshall cover eitherthe entire organization or ali federal funds ofthe organization. The audit must deYermine whether the subrecipient spent fiederai ass�stance funds in accordance with applicabie laws and regufations. 2. The audit sha�l be made by an independent auditor. An independent auditor is a shate or local govemment auditor or a public accountantwho meets the independence slandards speci5ed in fhe GeneralAcxouriting Oifice's "Standards far Audit of Governmerrtal Organizations, Programs, Activities, and Functions." 3. The aud'R report shaU state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as appGcable). The reporting requirements for audit reports shai{ be in accordance with the American Institute of Certified Public Accounts' (AlCPA} audit guide, "Audits of State and Local Govemmental Units; issued in 1986. The federal government has approved the use of the audik gutde. In addition to the audit report, the recipient shail provide commerds on the findings and recommendations in the repoR, incfuding a plan for corrective action taken or pfanned and commeritss on the status of corcective action take� on prior findings. If carrective aetion is not necessary, a statement describi�g the reason it is not should accompany the audit repoR. 4. Tfie grentee agrees that the grantor, the Legisiative Auditor, the State Audftor, and any independent auditor designated by the grantor shall have such access to grantee's records and finanda{ statemems as may be necessary for the gra�tor to compty with the Singie Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grastees of federal financial assistance from subrecipients are alsa required to comply with the Singie Audit Act a�d OM8 Circular A 133. 6. The Statement of Expenditures form can be used for the scheduie of federal assistance. no�nzi Exhibit B, page 2 of 2 7. Thegranteeagreesforetaindocumentationtosupportthescheduleoffederatassistanceforatleastfour years. E� wRhin nine months of the oreMee's fiscal vear end. OM8 Circuiar A 133 requires recipieMs of more than $500,000 in federel funds to submit o�e copyoffhe audit report within 3d days after issuance to the central clearirtghouse at the foflowing address: Bureau of the Censsus Data Preparetion Division 1201 East 10th Streef Jefrersanviite, indiana 47132 Attn: Singie Audit Gearinghouse The Department of Pub(ic Safefy's audi� report should be addressed to: RAinnesota Department of Public Safety Office of Fispl and Administrative Services 444 Cedar StreeY Suite 126, 7own Square St Paul, MN 55101-5126 (10/05)