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
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available for appropriation funds of $2,500 in excess of those estimated in the 2007 budget; and
WHEREAS, The Mayor recommends that the following addition be made to the 2007 budget
CIIRRENT
BUDGET CHANGES
436-Police Special Projects Fund
FINANCING FLAN:
34148 - Underage Compliance Checks
3199 - Other Rederal Direct Granta
Total Changes to Financing
SPENDING PLAN:
34148 - Underage Compliance Checks
0141 - Overtime
0439 - Fringe Bene�ts
U449 - Worker's Compensation
2,500
2,500
2,130
285
ti5
2,500
2,130
285
2i5
26 Total Changes to Spending 2,500
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- 28 THEREFORE SE IT RESOLVED, that the Saint Paul City Council approves these changes to the 2007
29 budget.
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Veas
Absent
�dopted by Council:Date: �� ��8 b�'
T
�doption Cerri�ed by Council Secretary:
;y:
ppn
Y�
Requested by DeparYment
Po ice �
By . � �
A o m ded t
By:
Form
�
by City
0?-//�{
3045290
AMENDED
BUDGET
Services:
Council:
By:
Underage Compliance Check Gfant OnanCing and spendmg plan cr.xls
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D� -I/�-g
DepartmenUo�cdcounCil: ; Date Initiated: i
Po -po�;��,�,� ;,�-�-0� ; Green Sheet NO: 3045290
Contact Person & Phone:
Chief John Harrington
266-SS88
by
Doc. Type: RESOLUTION W/$ 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
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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: �
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� ? 1 v� Appr ed 6 1� r for bmission to Council:
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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
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. Attachment A
� Page 1 of 1 �"�-" � �� -
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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 ; ,
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Number ofeworn officas 3n � ; �
depactme¢t S64 , ,
MN Tax ID �: 008425095
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;;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 %
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�° �� In itata�; descdbe the Altemati�Enfo�cemcnt P.ctivi ig cc wovld do7
�� �( ' (A�tach dddi,tinnal ' � if'n ` tYYo � �'
� � Page ceessarq)- � �
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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
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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)