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07-614Council File # Presented By: Referred To: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # J� Committee:Date: WHEREAS, the City of Saint Paul, Police Degartment, has received a Juvenile Accountability Block Grant from the State of Minnesota; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, this grant provides funding to improve the juvenile justice system; and TAEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter into, and Chief John Harrington to implement the attached agreement, which includes an indemnification clause. A copy of said agreement is to be kept on file and on record in the Of6ce of Financial Services. 27 28 29 Yeas Absent Requested by Department of: Police � Thune �� ✓ Adopted by Council:Date: Adopfion Certified by Council By: Appr � App�val me ed b� Fi cial Services: B Form Agpxe.yed by City Attorney: sy: By: for Submission to Council: o �-�i�l 3040352 JABG authorize grant agreemenl.cr2007.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet .� � 7 PD - POliceDepaztrnent CoMact Person & Phone: Chief John Harrington 26Cr5588 Mus[ Be on Council A9en Doc. Type: RESOLU'fION E-Document Required: Y DocumeM Contact: Amy Brown Contact Phone: Total # of Signature Pages 31-MAY-07 y ��9� Number For Routing Order Green Sheet NO: 3040352 0 diceDeoaAment PdiceDenutment 1 oliceDenachnent � PoliceDeparhne¢t �° �2 itv Attorcey Cilv Apwnev I ✓ �� s/ yor's Of'Sce I Mayor I U a � �a co�a 5 ity Clerk (Stp Qerk I 6 olice Denarhnent Police DeoarOnent Lxations for Signature) Signatures on the attached council resolution authorizing the City of Saint Paul, Police Departrnent, to enter in[o the at[ached grant ageement with the State of Mim3esota. �oanons: npprove (n) or ri Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirm ever worked under a contract for this departmeM? Yes No 2. Has this persoNfirm ever been a ciry employee? Yes No 3. Dces ihis person(firm possess a ski{f not normalry possessed by any current city employee? Yes No Explain all yes a�swers on separate sheet and attach to green sheet Ini[iating Problem, Issues, Opportunity (Who, What, When, Where, Why): Authorization is needed to enter into a grant agreement for the Juvenile Accountabiliry Block Grant (JABG). Advantages If Approved: The JABG provides funding to reduce juvenile crime, improve the javenile system, and increase the accountability for juvenile offenders. DisadvaMages If Approved: None. DisadvaMages 3f Not ppprwed: Inability to use grant futtds availabte to address juvenile crime. Trensaction: $25,374 Funding Souree: $t8f2 O} MIIIfIBSOtd Finaneial In(ormation: (F�cplain) Activtty Number: 34067 '° 2 ` '` �i;�� � :� �_ P'� y_ �+ CosVRevenue Budgeted: June 1, 2007 9:48 AM Page 1 D 7-�/� STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Office of Justice Pro¢rams. 444 Cedaz Street Suite 100 St Paul Minnesota 55101-5100 ("State") and Citv of St Paul. Police Deoartment. 367 Grove Street, St Paul. Minnesota 55106 ("Grantee"). Recitals 1 Under Minn. Stat. & 299AA 1. Subd 2(�, the State is empowered to enter into this grant contract. 2 Federal funds for this grant contract aze provided from 42 U.S.C. 3796ee (OJJDP-SABG) for the purpose of promoting greater accountability in the juvenile justice system. 3 The State is in need of projects that will improve juvenile justice system infrastructure and operations. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. 1 Term of Grant Contract Grant Contract 1.1 Effective date. Julv 1, 2007, or the date the State obtains all requ'ued signatutes under Minnesota Statutes Section 16CA5, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may clann reimbursement for expenditures incurred pursuant to Ciause 43 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expirafion date. June 30. 2008, or until all obligations have been satisfactorily fulfilled, whichever occurs fust. 13 Survival of Terms. The following clauses survive the expuation or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Goveming I,aw, Jurisdiction, and Venue; and 15. Data Disclosure. t Grantee's Duties 21 Acfivities. 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 are incorporated by reference into this grant contract and are on file with the State and located at 444 Cedar Street, Suite 100, St. Pau1, Minnesota. Grantee shall also comply with all program standards, which aze incorporated by reference into this grant contract. 2.2 Reparung 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 Reporting. Grantee shall submit a fmancial reporting form to the State utilizing the format 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 progress achieved towazds the accomplishment of the program goals and objectives within 30 days after the end of reporting period. (3) Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. (4) Evaluation. State shall have the authority, during the course of this grant period, to conduct an evaluation of the performance of the Grantee. (5) Requirement Changes. State may modify or change all reporting forms at their discretion during the grant period. (6) Speciat Requiremenu. 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 Grantee's successful implementation of the program. The State will notify the Grantee in writing of any special adminisuative requirements. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. ]ABG (03/07) Juvrnile Accountability Block Grant 08 OJP Grant Number 2008-]ABG-00005 0 7-���{ Consideratiofl and Payment 4.1 Consideration. 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 $25374.00, according to the breakdown of costs contained in E�ibit A, which is attached and incorporated into this gcant contract. The Grantee will submit any revisions to E�ibit A as described in Section 4. (2) of this grant contract and the revised budget must be approved by the State's Authorized Representative before any expenditures may be made based on the revised budget. (2) Travel Expenses. Reimbursement for fravel and subsistence expenses actually and necessarily incurred by the Grantee 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 grant contract by reference. The Grantee will not be reimbursed for travel and subsistence expenses 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.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $2.819.00. (4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed 25 374.00. 42 Fiscal 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 the source of funding. Grantee shall comply with the current Office of Justice Programs' Grant Manual. No funds will be disbursed for activities not identified in the goals and objectives or work plan submitted on the grant applica6on forms prescribed by the State. No funds will be disbursed for aclivities that do not meet the federal requirements of the funding source. (2) Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Represeniative 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 deviate by $200 or 10%, whichever is higher, &om the approved 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 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) yeazs after the date of submission of the fmal financial status report, or mmtil completion of an audit which has commenced before the expiration of this six-yeaz period, or until any audit fmdings and/or recouunendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 4.3 Payment Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be £led in arreazs at least quarterlv, but not more often than monthlv and within 30 da of the period covered bv the invoice for services satisfactorilyperfonned. Expenditures for each state fiscal yeaz of this grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. The fmal invoice nertainin¢ to each state fiscal vear of this erant contract must be received by July 31 of that calendar year Reimbursements from the next fiscal veaz(sl mav commence on or after Julv 1 of that calendar veaz The fmal invoice must be received no later than 30 days after the Exniration date of this grant contract 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 16.523. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full JABG (03/07) Juvenile Aceountabiliry Biock Grant 08 OJP Grant Numbec 20�8-JABC-000�5 0 7 fmancial responsibility for any requirements unposed by the Grantee's failure to comply with federal requirements. The Gran[ee assures that matching funds required to pay the non-Federal portion of the cost of each program and project, for which grant funds are made available, sha11 be in addition to funds that would otherwise be made available for these activities by the recipients of the grant funds. The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circulu A-133. An explanation of the Federal Audit Requirements is attached and incorporated and made a part of this grant contract. See E�ibit B. The Grantee agrees to comply with all Juvenile Accountability Incentive Block Grants (JABG) program requuements as outlined in the JABG Program Guidance Manual, Version 3.0 (September 2000) or future JABG Program Guidance Manuals, and JABG program regulations (28 CFR., Part 31). The Grantee agees to comply with the fmancial and administrative requirements set forth in the current edition of the federal Office of Justice Progams' Financial Guide. The Grantee understands and agrees that it cannot use any federal funds, either duectly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of the federal Office of Justice Progams. Any written, visual, or audio publications, with the exception of press releases, whether published at the Grantee's or State's expense, shall contain the following statement: "This project was supported by Grant Nos. 2006-JB-FX-0034 awazded by the the Office of Juvenile Justice and Delinquency Prevention. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, Bureau of Justice Statistics, the National Institute of Justice, , and the Office for Victims of Crime. Points of view or opinions in this document aze those of the author and do not represent the official position or policies of the United States Department of Justice." This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: 1) 28 CFR Part 69, New Restrictions on Lobbying, and 28 CFR Part 67, Govemment-Wide Debazment and Suspension and Government-Wide Requirements for Drug-Free Workplace through the submission of a certification form committing the Grantee to compliance. 2) 28 CFR 42.302 et.seq. through the submission of a certification form regazding the Grantee's Equal Opportunity Employment Plan compliance. The Grantee will provide an Equal Employment Opporiunity Plan if required to maintain one, where the applicarion is for $500,000 or more. 3) 28 CFR Part 46 and all federal Office of Justice Programs policies and procedures regazding ihe protection of human reseazch subjects. 4) 42 USC Section 3789g and 28 CFR Part 22 that aze applicable to collection, use, and revelation of data or information. Grantee further agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particular, section 22.23. 5 Conditions of Payment Ali services provided by the Grantee under this grant contract must be peiformed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or locat taw. 6 Authorized Representative The State's Authorized Representative is Steven P. Peterson Youth Proerams Snecialist Senior Bremer Tower Suite 2300, 445 Minnesota Street St Paul Minnesota 55101 (651) 201-7339, or his/her successor, and has the 7ABG (03/07) Juvenile Accoun�abiGty Block Grant 08 3 OJP Grar,t Numbet 2008-JABG-00005 o ?-�i� responsibility to monitor the Grantee's performance and the authority to accept the services provided under this 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 Pau1 Iovino. Couunander. Citv of St Paul Police Deoartment 367 Grove Street_ St Paul. Minnesota 55101 (651) 266-5516. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of ihe State and a fully executed Assignment Ageement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 AmendmeHts. 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. If the 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 Contracr Complete. This grant wntract 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�Y• 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Crrantee may have for the State's failure to fulfill its obligations under this gant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract aze subject to examination by the State andlor the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 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, 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 referred to in this clause by either the Grantee or the State. � If the Grantee receives a request to release the data refesed to in this Clause, the Grantee must immediately notify the State. The SYate 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. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota W 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 are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publiciry. Any publicity regarding the subj ect matter of this grant contract must identffy the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, JABG (03/07) Juvenile Accountabiiiry BlockGraM08 OJP Grnnt Number 2008-JABG-00005 . � �-6i� research, reports, signs, and sunilar public notices prepared by or For the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement 11te Grantee must not claim that the State endorses its products or services. 13 Goveming Law, Jurisdicfion, and Venue Minnesota law, without regazd to its choice-of-law provisions, govems this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, MSnnesota. 14 Termination 14.1 Termination by the Sta[e. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon temiination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination by the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Agent. Upon termination the Grantee is entitled to payment for services actually performed and agrees to retum any unused funds to the State. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota I,egislature, or other 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 fax notice to the Grantee. The State is not obligated to pay for any services that are provided after nofice and effective date of termination. However, the Grantee will be entifled to payment, detemuned on a pro rata basis, for services satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota T,egislatute, 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 taic idenfification numher, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tas laws which could result in action requiring the Grantee to file state tas retums and pay delinquent state tax liabilities, if any, or pay other state liabililies. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. JABG (03/07) 7uvenile Accountability Block Grant 08 OIP Gmnt Number 2008-JABG-00005 � 7-�i� 1. ENCUMBRANCE VERIFICATION lndividual certif es that funds have been encumbered as required by Minrz. Stat_ §§ f 6A.15 and 16GQ5. Sigtted: Date: Grant Contract No.: 2008-JABG-00005/6300-2413 2. GRANTEE The Grantee certifiu that the appropriate person(s) have uecuted ihe grant contract on behalf of ehe Grantee ¢s required by app[icable articles, bylaws, resolutions, or ordinances. By: Chief of Pd,lice By: Title: Date: B r � � Titl : Director, Fina Date: 3. STATE AGENCY By. (with delega[ed aufhority) Title: Date: Dishibution: Agency Grantee State's Authorized Representative Services JABG (03/07) Juvrniie Accounhability Block Grant OS 6 OJP Grant Number 2008-JABG-00005 �� ��� EXHIBIT A i 4F� CF P�.B C�� 1yFP �SiS <ti h� �1 J �i L� i z�> e �\oF>:�:.N�% OFF{CE OF JUSTICE PROGRAMS Grantee: St Paul Police Department Grant Number: 2008-JABG-OOOQ5 P�Og�am L`�mp0nent. Accounlabi0ry-BasetlProgrart�s_JuvendeACduniabiLryBautlProgrom e t ..� /° �� ; f _�..� � ._ Budget Category Award Match Personnel $21,200.00 $2,819.00 PayrollTaxes & Fringe $4,174.00 Total $25,374.00 $2,819.00 o �-6�� Exhibit B, page 1 of 2 FEDERAL AUDIT REQUIREMENTS For subreci�ients that are state or local aovernments non-orofit oraanizations or Indian tribes If fhe grantee expends total federal assistance of $500;000 or more per year, the grantee agrees to obtain either a single audit or a program-specific audit made for the fiscal year in accordance with the terms of ihe Singfe Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that nave an adminisirative poticy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subreci�ients that are institutions of hioher education or hosoitals If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB CircularA-110 °Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or IQCaI government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. in addition to the audit repott, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. !f corrective action is not necessary, a statement describing ihe reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Si�gle Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of tederai financiat assistance from subrecipients are afso required to comply with the Single Audit Act and OMB Circular A-133. (ioios� D > ��� Exhibit B, page 2 of 2 6. The Statement of Expenditures form can be used for the schedule of federal assistance. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Required audit reoorts must 6e £led with the State Audito�'s Office Sinate Audit Division and with federal and state aaencies arovidinq federal assistance and the Department of Public Safetv within nine months of the arantee's fscai vear end OMB Circular A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Pubtic Safety's audit report should be addressed to: Minnesota Department of Public Safety OSfiice of Fiscaf and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 �ioios)