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07-860Council File # Green Sheet # Presented By: RESOLUTION CITY O� SAINT PAUL, NIINNESOTA D � sz(a/� 3043536 �� Referred To: ` Committee:Date: 1 BE IT RE50LVED, that the City Council authorizes the City of Saint Paul, Police Department, to enter 2 into the attached Auto Theft grant agreement with the State of Minnesota, which includes an 3 indemnificarion clause. A copy of said agreement is to be kept on file and on record in the Office of 4 Financial Services. 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3� Yeas Nays Absent Requested by Department of: Police ✓ ✓ Thune Adopted by Council: Date: %j ✓ Adoption Certitied by C Secretary: BY� ��i�/�/ ' S By: F¢rhn A ed by CiYy Attorney: V �Y= Date: ���`J - 7 Appro b M or bmis ion to Council: 4��%�� By: Q:\Fiscal W O&CR�200TAUtoTheff250,0002007.z1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � lI �'�SlAU pp -policeDepamnent � Contact Person & Phone: Chief John Hartinyton 266w88 Doe. Type: RESOLUTION 30-AUG-07 � Aesign Number FOf Routing Orc7er E-Document Required: Y Document CnntaU: Evette Scarver Contact Phone: 266-5547 Total # of Signature Pages {Clip Aii Locations for Signature) Green Sheet NO: 3043536 0 iceDeDartmeut PdiceDepaztment 1 1 � oliceDepariment I PoliceDevarhnent 1_______.�" .l 2 �ity Attorney City Auorney _ _ _ 3 vor's Offiw 1 Ma9or 4 ouncil Cauncil 5 ' Clerk Gti C7ak 6 diceDe arlment PdiceDe ent Signatures on the attached council resolution authorizing the City of Saint Paul, Police Depaztmenk to enter into the attached agreement with the Minnesota Department of Public Safery. Planning Commission 1. Has this persoNfirtn ever worketl untler a coMract for this tlepartment? CIB Committee Yes No Civil Service Commission 2. Has this persaNfirtn ever been a ciry employee? Yes No " 3. Does this p2rsontt�rm possess a ski11 rrot rrormally possessed by any , current city empioyee? Yes No Ezptain all yes answere on separete sheet and attaeh M green sheet Inftiating Pro6lem, Issues, Opportunity(Who, What, Whery Where, Why): The City of Saint Pa�l, Police Department has received an Auto ThefY grant from fhe Minnesota DeparUnent of Public Safety. Authorizarion is needed to enter into an b ant agreement with the iYlznnesota Department of Public Safety. Advantages If Approved: The Auto Theft grant ptovides funding to redace incidence of automobile thefr. Disaqvanfages (f Approved: None. Sf� 3. t� 2D07 —� � . ���r,I �isadvantages If Not Approvetl: Lost of gtant funds available to reduce the incidence of automobile theft. � o�a� nmouni or Transaciion: $250,000 Fund�ng souroe: State of Minnesofa Financial lnformation: {ExpYain) Activity Number. 347 60 ,. . .,_..._ : " .... -.'°�e-t-. - -.. �a-.�- �.. ..,�y,a,'��-rr ��� 'R 9 eer.rrl+3� Cost/Revenue Budgetetl: Auqust 30, 2007 1:04 PM Page 1 I STATE OF iVIINNESOTA b � ��lY� GRANT CONTRACT This grant contract is between the Staie of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Pro�rams, 444 Cedar Street Suite 100 St. Paul. Minnesota 55101-5100 ("State") and CiTy of St Paul. Police Deoartment, 367 Grove Street St Pau1, Minnesota 55106 ("Grantee"). Recita}s 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 ari inter-agency ageement from the Minnesota Department of Commetce in accordance with Minn. Stat. § 65B.84. 3 The State is in need o£projects to reduce the incidence of automobile theft. 4 The Grantee represents that it is daly qualified and agrees to perfortn all services described in this grant contract to the satisfaction of the State. Granf Contract 1 Term of Grant Contract 1.1 Effeciive date, Julv 1, 2007, or the dafe the State obtains all required signatures under Mumesota Statutes Section 16C.05, subdivision 2, whichever is tater. Once this grant contract is fully executed, the Grantee may claim reimbursement for expendihues incurred pursuant to Clause 43 of this grant contract. Reimbursements will only be made for those expenditures made according Yo the terms of this grant contract. ].2 Ex,pira2ion dn1e. 7une 30, 2009, or unti] all obligations have been satisfacto»ly fulfillad, whichever occurs fust. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this granY contract: 8. Liability; 9. State Audifs; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2,1 Activities. The Grantee, who is not a state amployee, will perform atl of the duties and tasks specified in the applicable Request for Proposat and Grantee's grant application for this program, which are incorporated by reference into this grant contract and are on file with the State a�d located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee shall also cornply with all program standards, which are hereby incorporated by reference into this grant coniract and made a part of this grant contract. 2.2 Reporting Re�uirements. Grantee shall report to the State as specified in the Office of 7ustice Program's Grant Manua1, which is hereby incozporated by reference into this grant contract and made a part of this grant contract. (1) Financial Repnrting. Grantee shall submit a ftnancial 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 sha11 use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goa]s and objectives within 30 days afrer the end of reporting period. {3) 01her Requiremenis. Grantee shall submit such other reports and attend meetings and training as State sha]] reasonably request. (4) Evaluatfon, State shall have the authority, during the course of this grant period, to conduct an evaluation of the performanca of the Grantee. (5) Reqarirement Changes. State may modify or change all reporting forms at their discretion during the grant period. (6) Special Re�trirements. 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 wiil notify the Grantee in writing of any special administrative requirements. 3 Tfine The Grantee must comply with all the fime requirements described in this grant contract. Tn the performance of this grant contract, time is ofthe essence. ATP {06/07) Auto Theft Prevention 08 OJP Grant Number 2008-ATP-00254 Consideration and Paymeut U � ��� 41 ConsideraYion. The State wili pay for all services performed by the Grantee under this grant contract as follows: {I) Compensation. The Grantee will be reimbursed an amount not to exceed $250,000.00, 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 Exhibit A as described in Section 4.2 (2) of this grant contract and the revised budget must be approved by the State's Authorized Aepresentative before any expenditures may be made based on the revised budget, (2} Travel Eapenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a resulT ofthis grant contract will be paid in the same manner and in no greater amount than provided in the cunent "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this Qrant contract bv 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. Minnesofa will be considered the home state for determining whether travel is out of state. (3) Total Obligatinn. The total obligation of the State for all compensation and reimbursements fo the Cnantee under this grant contract will not exceed $250,ODD.00. $125,000.00 is available from 7uly 1, 2007 through June 30, 2008. Funds not expended by the Grantee for this program through June 30, 2008 witl be available to tl�e Grantee untit June 30, 2009. $125,000.00 is available from July 1, 2008 thxough June 30, 2009. 4.2 Fiscal Requirements. Grantee shail report to the State as specified in the Office of Justice Program's Grant Manual. (1) Financial Guideltnes. Grantee shall comply with all policies, procedures, and provisions applicable to each source of funding received. Grantee shall comply with the cun Office of Justice Program's Grant Manual. No funds will be disbursed for activities not identified in the goals and objecfives or work plan submitted on the grant application forms prescribed by the Stata. No fimds from a specific funding source will be disbursed for activities that do not meet the reqnirements of thaY funding source. (2) Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representative before any expenditure may be made based on the revised budget. Stibmission and approval of a budget revision is necessary if a) a line item wilt deviate by $200 or 10%, whichevar is higher, from 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 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 frnm the Grantee. (4) Records. Grantee shall retain all financial records for a minimum of six (6) years after the date of submission of the final fmancial status reporf, or until completion of an audit which has commenced befora the expiration of this six-year period, or untiJ any audit findings and/or recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 43 Payment Invnices. The State wilI promptly pay the Grantee a8er the Grantee presents an itemized invoice for the services actualiy perfortned and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted iimely and according to the following schedule: IYemized invoices wiIl be filed in arrears at least guarterly but not more often than monthly and wiihzn 30 @aVS of the oeriod covered bv the invoice for services satisFactorilyperFormed. The final invoice pertaining to each state fiscal veaz ofthis grant contract must be received bv Julv 31 of that ATP (06/07) Auto TheR Prevention OS OJP Grant Number 2608-ATP-00255 07-81�0 Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable state fiscal yeaz. Every sfate fiscal year begins on July 1 and ends on June 30. 4.4 Federal funds. (Where applicabte, if btank this section does not appiy} Payments under this grant contract will be made from federal funds obtained by the State through Title CFDA number of the Act of . The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts fulI financial responsibiliry fot any requuements imposed by the Grantee's failure to comply with £ederal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed 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 local law. 6 Authorized Representative The State's Authorized Representative is Jocelvn VanKnieht Planner Senior State, 444 Cedar Streef, Suite I00, St. PauL MN 55101-5 I00, 651-284-3325, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this gant contract. If the services aze satisfactory, the State's Authorized Representative witl certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is John M. Harrin�ton Chief St Paul Police Denartment. 367 Grove Street, St Paul, Minnesofa SS I01, (6511266-5588. Tf the Grantee's Authorized Representative changes at any time d�uting 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 obligatiotts under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the sama parties who executed and approved this grant contract, or thair successors itt o�ca. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until iY has been executed and approved by the same parties who executed and approvad 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 Grnnt Contrnct Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either PaTty• S Liability The Grantee must indemnify, save, and hold the State, its agents, and empIoyees hazmless from any claims ot causes of action, including attorney's fees incurred by the State, arising from the performance of ihis grant contract by the Grantee or fhe GranYee'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 fiilfiIl its obligations under this grant contract, 9 State Andits Under Minn, Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accoun6ng procedures and practices relevant to this grant contract are subject to examination by the State and/or the StaYe Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. A7'P (06/07) R�to TheR Prevention 08 07p Gran[ Number 2008-ATP-00255 10 Govemment Data Practices b ��a�� 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 referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee inshuctions conceming the release of the data to the requesting pariy before the data is released. 11 Workers' Compensafion The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's empioyees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any clanns 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 Publicity. Any publicity regarding 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 Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similaz 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 gant contract, 12.2 Endorsement. 'The Grantee must not claim that the State endorses its products or services. 13 Goveming Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-]aw provisions, govems this grant contract. Venue for all lega] 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 Staie. 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 Terminntion by the Grantee. The Grantee may request terntination 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 return any unused funds to the State. 143 Termination for Insufjicient Feinding. The State may immediately terminate this grant contract if it does not obtain fimding from the Minnesota Legisiature, 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 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 Grantee will be entitled to paytnent, determined on a pro rata basis, for services satisfactorily performed to the e�ent 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 Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice oPthe lack of funding within a reasonable time of the State receiving that notice. ATP (06/07) Auto Theft Prevention 08 O7P Grant Number 2008-ATP-00255 15 Data Disclosure �/ �'o� v IJnder Minn. Stat. § 270C.65, and other appticable law, tfie Grantee consents to disclosure of its social security number, federal employer tax ident�catiott number, and/or Minnesota ta.z idenfification number, already provided to the State, to federal and state tas 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 requiring the GranYee to file state Y� retums and pay delinquent state ta�c liabilities, if any, or pay other state liabilities. 1. ENCUD4BRANCE VERIFICATION Individual cert fes that funds have been encumbered as required by Minn Stas. ,�',¢ 16A.15 and 16C.O5. r Signed: Date: Grant ContraM No.: 2008-A"(P-00255/6300 2445 2. GRANTEE The Grantee certifres ihat Yhe appropriate person(s} have executed the granY contract on beha[fofthe Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: T;t�e: Date: sy: Title: Date: By: Tit Dat By: Tit. Dat By: Tit: Dat� 3. STATL' A/'_L`N!`V By: Tide: Date: DiSVibutian. Agency Grantee State's Authorized Representative ATP (O6l07) Au[o Theft Prevention 08 OIP Grant Number 2008-ATP-00255 �XHIBIT A Q � a �tOFPUB� C;n w � m < �4 SP ���� OFFICE OF JUSTlCE PROGRAMS Grantee: St Paul Police Department Grant Number: 2008-ATP-00255 Program Corriponent: ALL PROGRAM COMPONENTS € � � Budget Category Grant Funds personnel $158,796.00 Payroll Taxes & Fringe $21,411.00 Training $5,115.00 O�ce Expenses $4,000.00 Program E�enses $15,678.00 Equipment over $5,000 per unit $45,000.00 TOTAL $250,0OO.OQ