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07-1209Council File # Green Sheet # RESOLUTION ? SAINT PAUL, MINNESOTA Presented By: Referred To: Committee:Date: 1 RESOLVED, that the City of Saint Paul, Police Deparfinent, is authorized to enter into the attached a� 2 with the State of Minnesota, which includes an indemnification clause, for the purpose to make squad car 3 camera technology upgrades or acquisitions. A copy of said agreement is to be kept on file and on record 4 in the Office of Financial Services. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 zx 29 30 Yeas Thune Adopted by Council: Date: b7-/�d`I 3046592 a� Absent Adoption Certified by Couacil Secretary: B - � Approved by yo►�' Date: !2—/L6e�0� r B Requested by Department oS: � �� y ���� /' � Q:\F�scalAifairsV36&�CR\GF& ' i�i�7. "" ' ���� "`" � � ' Approved by�Mayor for Submission to Council: <- , � , BY� �.� f �� `C/'c i ' � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b�--ra-�y Department/office/council: ' Date initiated: , pp Po,,�e� Z,-NO�_o� Green Sheet NO: 3046592 - --- -------__-- - Contact Person & Phone: ' Denertment SeM To Person Ini[ial/Date Chief John Harting[on , � 0 Pdice Deoartment Police Deuar6nent �_!__ � 266-5588 �� p��9� 1 �YdiceDeoartiment PoliceDenarhnent _ _ Must Be on Council Agenda by (Uate): � Number �� Z K.y�y Attomep Citv Attomey ,_� �� For -- — �' Routing �� 3 �fayor's 06ce i Mavor � i Doc. Type: RESOLUTION Order i 4 � ���� � �, E-DOCUment Required: Y � 5 'Cits Clerk City Cluk � __ Document Contact: Evette Scarver f 6 Yolice Deoarhnent Police Deaarhnent ! ; � � Contact Phone: 266-55 '�, ; Total # of Signature Pages _I (qip All Locations for Signffiure) -- ' _-_____ _ ____ ___.__-- _.__.._—_ Ac[ion Reques[ed: � St�natures on the attached council resolution authorizing the CiTy of Saint Paul, Police Department, [o enter into the attached � eigreement with the State of Minnesora. . Recommentlations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission i. Has this person/firm ever worked under a Contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on 5eparate sheet and attach to green sheet _ _ _ __ _.' _ __ _ _ ___._..___�_____ �. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): , "Che Saint Paul Pol�ce Depaztment has received a grant from the Sta[e of Minnesota to be use to make squad car camera techuology � upgrades or acqoisitions. Authorization is needed [o enter into the attached agreement. � I Advantages If Approvetl: � Opportimity to use funds to enhance squad car camera technology. - --- ------- -- -- Disadvantages If Approved: \o�e. DisadvanWges If NotApproved: �� ' Lost opportunity to use funds to enhance squad caz camera technology. Transaction: Y�v,vvv.vv Funding Source: S(atg Of MIR[10SOta Finan cia l Information: (Explain) d ����� }���� CosURevenue Budgeted: Activiry Number: =- �, `� �r 2��� �l�"�f .��"C��?i�9��" November 21, 2007 11:14AM Page 1 v�-��ay STATE OF NIINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Office of Justice Proerams.444 Cedar Street Suite 100 St Pau Minnesota 55101-5100 ("State"} and City of St Paul. Police Deoartment, 367 Grove Street St PauL Minnesota 55106 ("Grantee")_ Recitals 1 Under Minn. Stat. § 299A.01, Subd 2(4�, the State is empowered to enter into this grant contract. 2 State funds for this grant contract are provided under Laws of Minnesota 2007, Chapter 54, Article 1, Section 10, Subdivision 6 for the purpose of enabling local law enforcement agencies to make squad car camera technology upgades or acquisirions. 3 The State is in need of services that fulfill this purpose. 4 The Grantee represents that it is duly qualified and agrees to perform ail services described in this grant contract to the satisfacfion of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date. Julv 1, 2008, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Crrantee may claim reimbursement for expenditures incurXed pursuant to Clause 4.3 of this gant contract. Reimbursement wiil only be made for those expenditures made according to the terms of this gant contract. 12 Expirafion dafe. June 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 13 Survival ofTerms. The following clauses survive the expiration or cancellation ofthis grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15. bata Disclosure. 2 Grantee's Duties 2.1 Activzties. The Grantee, who is not a state employee, will perform all of the duties and tasks specified in the applicable Request for Proposal and the Grantee's grant application for this program, which aze incorporated by reference into this grant contract 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 standazds, which aze incorporated by reference into this grant contract and made a part of this grant contract. 2.2 Reporting Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual, which is incorporated by reference into this grant contract. (1) Financial Repnrting. Grantee shall submit a financial reporting form to the State utilizing the format idenrified 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 progress achieved towazds the accomplishment of the progam goals and objectives within 30 days after the end of reporting period. (3) Ofher Requirements. Grantee shall submit such other reports and attend meefings and training as State shall reasonably request. (4) Evaluation. State shall haue the authoriTy, during the course of this grant period, to conduct an evaluation of the performance of the Crrantee. (5) Requirement Changes. State may modify or change all reporting forms at theu discretion during the grant period. (6) Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Crrantee's successful implementation of the program. The State will notify the Grantee in wrifing of any special administrative requuements. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the perFormance of this grant cantract, time is of the essence. s�re �vo� Defibrillaioc & Squad Caz Camera Gnnt 08 O7P Grant Nnmber 2009-DECA-D0374 p �-(�Dy 4 Consideration and Payment 4.1 Consideralinn. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $50,000.00, according to the breakdown of costs contained in E�ibit A, which is attached and incorporated into this grant contract The Grantee will submit any revisions to E�ibit A as described in Secrion 4.2(2) of this grant contract and the revised budget must be approved by the State's Authorized Representative before any espenditures may be made based on the revised budget. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Crrantee as a result of this grant contract will be paid in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this gant contract by reference. Tl�e Grantee will not be reimbursed for travel and subsistence eacpenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Matching Requirements. (If Applicable.) Crrantee certifies that the following matching requirement, for the grant contract, will be met by the Cnantee: $12 500.00. (4) Total Obligation The total obligafion of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $50,000.00. $25,000.00 is available from July 1, 2008 through June 30, 2009. Funds not expended by the Grantee for this progam through 7une 30, 2009 will be available to the Grantee until June 30, 2010. $25,000.00 is available from July 1, 2009 through 7une 30, 2010. 42 Fiseal Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual. (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each souice of funding received. Csrantee shall comply with the current O�ce of 3ustice Programs' Grant Manual. No funds will be disbursed for acrivities noI identified in the goals and objectives or work plan submitted on the grant application forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding souxce. (2) Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representafive before any expenditure may be made based on the revised budget. Submission and approval of a budget revision is necessary if a) a line item will deviate by $200 or 10%, whichever is higher, from fhe approved budget, or b) a new line item that was not part of the approved budget will be created. (3) Closeout. Grantee shall have unti130 days after the Expiration date of this grant contract, to submit a report of all funds 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 fmancial records for a minimum of six (6) years after the date of submission of the final fmancial 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 recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 43 Payment Invaices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice far 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 arrears at least quarterlv, but not more often than monthly, and within 30 da sv of the�eriod covered bv the invoice far services satisfactorilxperformed. The final invoice nertainine to each state fiscal yeaz of this rrant contract must be received bv Julv 31 of that calendar vear. Reimbursements from the next state fiscal year(sl mav commence on or after Julv 1 of that calendar veaz. The final invoice must be received no later than 30 days after the Expirarion date of this ¢rant contract State (7/0'n Defibrillator & Squad Car Camera Grant 08 03P GrantNumber 2009-DECA-00374 r,�- F �-o� Expenditures for each state fiscal vear of this erant contract must be for services performed within the applicable state fiscal Vear. Every state fiscal veaz beeins on 7uly 1 and ends on 7une 30. 4.4 Federal requirements. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA The Grantee is responsible for compliance vrith all federal requirements imposed on these funds and accepts full fmanciai responsibility for any requirements imposed by the Grantee's failure to comply with federai requirements. 5 Conditions of Payment All services provided by the Grantee under this grant conlxact must be performed to the State's satisfaction, as detetmined at the sole discretion of ihe State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and rea lations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or ]ocal law. Authorized Representative The State's Authorized Representati4e is Jesse Standal, Grants Specialist Intermediate, O�ce of Justice Proerams, 444 Cedar Street Suite 100, St Paul. Minnesota 55101-0100. (6511201-7343, or his/her successor, and has the responsibility to monitar the Grantee's performance and the autho�iry to accept the services provided under this grant contract. If the services aze sarisfactory, the State's Authorized Representative wiil certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is John M. Harrineton. Chief. St Paul Police Denartment, 367 Grove Street, St Paul. Minnesota 55108. (6511775-2334. If the Grantee's Authorized Representative changes at any fime during this grant contract, the Grantee must immediately norify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee may neither assigi nor transfer any rights or obligations under this grant 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 theu 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 and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. Ifthe State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Cantract Complete. This grant contract contains all negotiarions and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either Party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, azising from the performance of this grant contract by the Crrantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee 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 Grantee's books, records, docbments, and accounting procedures and practices relevant to this grant conhact aze subject to examination by the State and(or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant confract. 10 Government Data Practices The Grantee and State 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, ieceived, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of StaYe (7/07) Defibrillator & Squad Caz Camem Grant 08 3 OJP GrantNumbes 2009-DECAA0374 � d�-(�6�? Minn. Stat. § 13.08 apply to the release of the data re£erred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Cmantee must immediately noti£y the State. The State will give the Grantee instructions conceming the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers' compensafion insurance coverage. The Grantee's employees and agents will not be considered State employees. Any ciaims that may arise under the Minnesota V✓orkers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees aze in no way the State's obligation or responsibility. 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 approval from the State's Authorized Representafive. For purposes of this provision, publiciry includes notices, informational pamphlets, press releases, reseazch, reports, signs, and similaz public notices prepared by or for the Cnantee individually or joinUy with others, or any subconhactors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdicfion, and S'enue Minnesota law, without regazd to its choice-of-law provisions, govems this grant conh�act. 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 Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination by the Grantee. The Crrantee may request termination upon 30 day's notice to the State's Authorized Agent. Upon termination the Crrantee is entitled to payment for services actually performed and agrees to return any unnsed funds to the State. 143 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain fixnding from tha Minnesota Legislature, or othez funding 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 fas notice to the Grantee. The State is not obligated to pay for any services that aze provided after notice and effective date of termination. However, the Crrantee will be entifled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty ifthe grant contract is terminated because of the decision of the Minnesota Legislature, 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 receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax idenfification number, and/or Minnesota tax identification number, already provided to the State, to federal and state taz agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requuing the Grantee t4 file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. State (7/07) Defibrillator & Squad Car Camera Grant 08 OJP Grant Number 2009-DECA-00374 � 1. ENCUMBRANCE VERIFICATION Individual certifies thatfundr have been encumbered as reguired by Minrc SYat �,$16A.15 and 16C.D5. Signed: DaTe: Grant Con 2. GRANTEE �--- The Grantee certifies that the appropriate person(s) have executed the grant contract on beha[f of the Grantee as required by applicable mticles, bylmvs, resoJutions, or ordinances. By: Title: Date: By: Title: Date: By: Tit Dat By: Tit Dat By: Tit uate: stace (��o�> Detibrillator & Squad Car Camera Grant 08 OJP Qrant Number 2009-DECA-00374 3. STATE AGENCY By: Title: Date: ��-I�O�I DiSfribution: Agency G[antee State's Authorized Representative 5 �-����-Q� EXHIBIT A �yII aF>UB4 �` c 5 ¢ c e T'n �, m a �j ;P yrE OF� OFFICE OF JUS7ICE PROGRAMS Grantee: St Paul Police Department Grant Number: 2009-DECA-00374 Program Component: ALL PROGRAM COMPONENTS t f �'� � ��- Budget Category Award Match Squad Car Camera Purchases $50,000.00 $12,500.00 TOTAL $50,000.00 $12,500.00