07-917Council File #
Green Sheet #
RESOLUTION
OF SAIIYT PAUL, MINNESOTA
Presented By:
��
Referred To: Committee:Date:
1 WHEREAS, the City of Saint Paul, Police Department, has been awazded an Compliance Check grant to
2 monitor and conduct surveillance on liquor establishments within the City of Saint Paul for the period of
3 July 1, 2007 tluough May 31, 2008; and
4
5 BE IT RESOLVED, that the Saint Paul City Commcil accepts this grant and authorizes the City of Saint Paul to
6 enter into, and Chief John Harrington to implement the attached agreement with the Minnesota Department of
7 Public Safery, which includes an indemnification clause. A copy of said agreement is to be kept on file and
8 on record in the Office of Financial Services.
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veas Nays absent Requested by Department of:
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B
Thune
Adopted by Council: Date:
Adoption Ce�r d by�° m
BY� // ///�li.�./A��
Approved
By:
Secretary:
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3043711
/5
By:
Date: � / v� Appr ed b M�r far �bmission to Council:
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QiFiscal�P,O&C R�200TU nderagetlrin king7_i _07thru5_37 _08.x1s
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D7-9/�
� pp - PoliceDepamnent
Contact Person & Phone:
Chief John Harring[on
266-5588
Doe. Type: RESOLUTION
; E-DOCUment Required: Y
' Document Contact: Evette Scarver
Contact Phone: 266-5547
O6-SEP-07 I Green Sheet NO: 3043711
� 0
Assign �' 1
Number i 2
For
Routing j 3
Order 4
5
6
Total # of Signature Pages _i—(Clip All Locations for Signature)
Rolice DeparUnent I Police Deoa�ent ,
i Attorne Ci Attorue �
INiayor's Off ce Mayor
ouncil i ComN
ity Cluk City Clerk
dice Deparfinent Police Deoaz�ment
Action Requested:
Signatures on the attached council resolution accepting a grant from the Minnesota Department of Public Safety, Alcohol and
Gambling Enforcement Division, and authorizing the Ciry of Saint Paul, Police Depariment, to enter into, and Chief John Harring[on
to implement the attached agreement.
iaauons: Hpprove �N� or rs
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked untler a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Minnesota Department of Public Safety, Alcohol and Gambling Enforcemen[ Division, has awazded a grant to the Ciry of Saint
Paul, Police Department, for alternate enforcement to monitor and conduc[ surveillance on liquor establishments within the Ciry of
Saint Paul for the period of July 1, 2007 through May 31, 2008.
Advantages If Approved:
Ability to accept grant funds awarded to reduce underage drinking within the City of Sain[ Paul.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
Lost opportunity to accept grant funds available.
--- Trensaction: $2,500
Funding source: State of Minnesota
Finaneial Information:
(Explain)
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CosVRevenue Budgeted:
Activity Number:
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September 6, 2007 4:05 PM Page 1
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Crrant Contract No. 9100-985
• n
STA'I'E OF MINNESOTr1, ��! y/ �
GRANT CONTRACf ` �„
This grant contract is between the State of Minnesota, acting through its ssiotter of Public e Alcohol & Gamblin
Enforcement Division_ 444 Cedar Sueet Suite 133 Town Square St PauL MN 55101-5133 ("State") and City of Saint PauL
Saint Paui Police Department 367 Grove Street St Paul MN 55101 ("Crrantee").
Recitals
1 Under Minn. Stat. § 299A.01_ Subd 2(4) the State is empowered to enter into this grant contract.
2 Federal Funds for this grant contract aze provided under ihe U.S. Department of Justice's Enforcing Underage Drinldng
Laws Program to enforce �mderage drinidng laws and educate alcohol retailers and estabiishments regazding underage
drinldng laws.
3 The State is in nced of akemate enforcement activiries by local jurisdictions to address underage persons in possession of
alcohol.
4 The Grantee represents that it is duly qnalified and agrees to perform all services described in ttus grant contract to the
satisfaction of the State.
1 Term of Grant Contract
Grant Contract
1.1 Effective date: July 1. 2007_ or the date the State obtains all required signatures under Minnesota Statutes Section
16C.05, subdivision 2, wlrichever is later. Once flris grant contract is fully executed, the Grantee may claim
reimbursement for elcpenditwes incmred pursuant to Clause 4.2 of 8us grant contract Reimbursements will only be
made for those expenditures made according to the terms of tlris gant coirtract.
1.2 Ex,piration date: May 31, 2008, or until all obligations have been satisfactorily fulfilled, wluchever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellafion of this grant contract: 8. Liability; 9.
State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction, and
Venue; and 15. Data Disclosute_
Grantee's Duties
The Grrantee, who is not a state employee, will:
2.1 Conduct independent investigadons of adult providers of alcohol and underage use of alcohol as specified in the
Grantee's Alternate Enforcement Grant Application, Attact�ment A, which is attached and incorporated into this
gant contract and in the applicable application guidance that is incorporated by reference and made a part of this
grant contract. The approved investigation is for surveillance activity as described in Attachment A. Grantee's
employees will only be reimbursed for hours that officers work on a day off or on a shift eafiension.
22 Report fmdings back to ihe State using the State approved reporting form. The State may modify or change all forms
at their discretion during the grant term.
2.3 Report all licensed liquor establishments failing compliance check to local fiquor license issuer to impose penalty
pursuant to Minn. Stat. § 340A.415.
2.4 Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circulaz
A-133. Federal Audit Requirements is attached and incorporated and made part of this grant contract. See
Attachment B.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of tlris grant
coniract, time is of the essence.
4 Consideration 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 Grrantee will be reimbursed an amount not to exceed $2.500.00. for reimbursement of
officer actual overtime_ includine frin¢e benefits for wnductin�independent investiQations of adult providers of
alcohot and underaee use of alcohol under this proeram.
.ntcen,ate �ufo,�emenr ovo�
a�-�� �
Grant Contract No. 9100-985
(2) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this gant contract will not exceed $2.500.00.
4.2 Payment
(1) 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 niust be
submitted timely and according to the following schedule:
Itemized invoices will be filed in arrears at least quarterly but not more often than monthly, and witivn 30 days
of the period covered by the invoice for work saTisfactorily performed using the form provided by the State.
Final invoice must be received no later than 30 days after the E�iration date of this 2rant contract
(2) Federal funds. (Where applicable, if blank this section does not apply) Payments imder tlus grant contract will
be made &om federal funds obtained by the State through CFDA number 16.727 of the Annrouriations Act for
ihe Deparhnent of Commerce Justice State fhe Judiciary and Related A�encies of 1999 and amendments
thereto. The Crrantee is responsible for compliance with all federal rec�uirements imposed on these funds and
accepts full fivancial responsibility for any requirements imposed by the Grantee's failure to comply with
federal requirements.
5 Conditions of Payment
All services provided by the Grantee under tlris grant conlract must be performed to the State's salisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federai, state, and local laws, ordinauces, 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 Antl►orized Representafive
The State's Authorized Represeatative is Mazlene K�elsbern Supervisor 444 Cedar Street. Suite 133 Town Sqvare,
SG Paul MN 55101-5133 651 201-7503 or her successor, and has the responsibility to monitor the Gtantee's
perFormance and the authority to accept the services provided under this grant contract. If the services aze
satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment.
The Cttantee's Authorized Representative is Cluef John M. Hazrin�ton. Citv of Saint Paul Saint Paul Police
I�partment, 367 Grove Street, St Paul MN 55101 (651) 265-6920. If the Grautee's Authorized Representative
changes at azry time during flris grant contract, the Crrautee 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 coniract
witfiout the prior consent of the State and a fu12y executed Assignment Agreemeat, ercecuted and approved by the
same parties who e�cuted and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendmeut 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 e�cuted 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 dces not waive the provision
or its right to enfome it.
7.4 Grant Contrad 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 pazry.
AI[emate EnforcemeM 07l07
D�-9/�
Grant Contract No. 9100-985
Liability
The Crrantee 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 consirued to baz any legal remedies the CrranYee
may have for the State's failure to fiilfill its obligations under this gant contract.
State Audits
Under Minn. Stat. § 16C.05, subd 5, the Grantee's books, records, docume�s, and accounting procedures and
practices relevant to tfiis grant contract aze subject to �amination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a miuimum of six years &om the end of this grant contract.
10 Goverament Data Practices
The Crrantee and State must comply with the Minnesota Govermnent Data Practices Act, Minn. Sta� 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, maintaiued, or disseminated by the Grantee under this gant contract. The civil remerlies of
Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Crrantee or the State.
If the Grantee receives a request to release the data refetred to in this Clanse, the Grantee must imtnediately notify the
State. The State will give the Crrautee instnictions wncerning the release of the data to the requesting parry before the
data is released.
Il 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. Airy
claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims
made by any third parry as a consequence of azry act or omission on the part of these employees aze in no way the
State's obligation or responsibdity.
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
Representadve. For purposes of dus provision, publicity includes norices, informational pamplilets, press
releases, reseazch, reports, signs, and similaz public notices prepazed by or for the Grantce individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract.
122 Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Goveraing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, govems flris gant 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, Minuesota.
14 Terntination
14.1 Termination by the State The State may cancel tlus grant wntract at any time, with or without cause, upon 30
days' written notice to the Grautee. Upon tenvination, the Grantee will be entiUed to payment, determined on a
pro rata basis, for services satisfactorily performed.
14.2 Termination for Insufficient Funding. The State may immediately terminate tlus grant contract if it does not
obtain funding from the Mnuiesota Legislature, or other fimding source; or if funding cannot be continued at a
level st�cient to allow for the payment of the services covered here. Termniation must be by written or fax
norice to the Grantee. The State is not obligated to pay for any services that are pravided after notice and effective
Altemate Enforcement 07/0'7
07 7
Crrant Contract No. 9100-985
date of temunation. Howevet, the Grantee will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed to the extent that fimds 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 fimding source, not to
appmpriate funds. The State must provide the Cnantee notice of the lack of funding within a reasonable time of
the State receiving that notice.
143 Ternrination for Failure to Cornply. The State may cancel this grant contract immediately if the State finds
that there has been a fail�se to compty with ihe provisions of this grant, thaz reasonable progress has not been
made or that the purpose for which the fimds were granted bave not been or will not be fulfilled, ihe State may
take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and
requiring the return of all or part of the funds already disbursed
15 Data Disclosure
Uttder Minn. Stat. § 270C.65, and other applicable Iaw, the Crrantee consents to disclosure of its social security
number, federal employer tax identification number, and/or Mn�nesota tax identification number, already provided to
the State, to federal and state tax agencies and state personnel invotved in tfie payment of state obtigations. These
identification mimbers may be used in the enforcement of federal and state tax laws wluch could resuk in action
requiring the Grantee to file state ta�c rebuns and pay delinquent state tax liabilities, if any, or pay other state
liabilities.
i. ENCUMBRANCE VERIFICATION
Individual certifies thatfunds have been encumbered ¢s
required byMinn. StaK §§ 16A.I5 and7�4E:BS�
Signed:
Date:
C:razit Contract No.
2. GRANTEE
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Attachment A
Page 1 of 1 �'�-�' � � -
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Alternate Enforcement Grant App�icabion
DateofAppIication:Mny2,2007 � � '`
Iaw Bnf4roement Agency Name: St Paul Polica bepertment l,_� ��
�CLief Iaiv F,nfpr�peinent Officu Name: John� I Henington ;�
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';' ��p�leut Addrcss: 367 Grove Strect, SL Peul, MN 55101 �
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Lsw &nfbiotmenf Gr�t Appllcsnt Nflma St Pau1 Police Departuien;
Applicea[PhoneNumber: (651)265-69?A ' i "
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Fedaal Lmp(oyer ID#: 41-6005521 j
Nuinbcr o£aworn officas in ' ; �
departmeat s6a .
MN?ax m f�: OOS025095
.4ntiapated detes when eitemek enforccment ac6vzues will be donc.
Will staxt ou July 1, 2007 ' �
Chacka wit2 ba conducted weakly uoal all cocnFrIeted
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Number,;of of&cess needed far �nf'orcemeat aedvtty: 4
Numbet of hour's aclivity would bc dona (per officer): 40 hours i`'
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Ia detailt deseribe theAltetaat��EnfoncemeirtActiyity yvvr agerioy;`wovld do?
�(A�ach si]clitional page if ntcessary): !
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St Pauf Polix havq a progaul ce(Iad Zero Alcohoi Providers (2AP). ',l'6ia targets our
coilege oampuees edd suimunding ncighborhood4 to conttol large bouse pazties and the
consumption of alwhot by minors. Aiso lgrgets thoee who ovhrnit provide elcohol W
minora ZAP starts two weeks prior to tho beginniag of the collgge school year aad iuns
through Hoanecoinlag weekend.
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Exhibit B, page 1 of 2
FEDERAL AUDIT REQUIREMENTS
For subrecipients that are state or local qovemments non-orofit oraanizations or Indian tribes
Ifthe grantee ezpends total federal assistance of $500,�00 or more per year, the grarrtee agreesto o�ain
either a single audit or a program-specific audit made for the fiscal year in accordance with the terms of
the Single Audit Act Amendmenis of 1996.
Audits shail be made annually unless the state or locai government has, by January 1, 1987, a
constitutional or statutory requirement for less frequent audits. For those govemments, the federal
cognizant agency shall permit biennial audiis, covering both years, if the govemment so requests. ftshall
also honor requests for biennial audits by govemments that have an administrative policy calGng foraud"iLs
less frequent than annual, but onty audits prior to 1987 or administrative policies in place prior to
January 1, 1987.
For subrecioients that are institutions of hiqher education or hospdals
If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the
grantee agrees to obtain a financiai and compiiance audit made in accordance with OMB Circular A-110
"Requirements for Grents and Agreements w"rfh Universfies, Hospitals and Other Nonprofit Organizations'
as appiicable. The audit shall cover either the entire organization or all federai funds of the organization.
The audR must determine whether the subrecipient spent federal assistance funds in accordance with
applicabie laws and regulations.
2. The audit shali be made by an independent auditor. An independent auditor's a sNate or local govemmen2
audftor or a pubiic accountant who meets the independence standards specfied in the General Accounting
Office's "Standards for Audit of Governmentai Organizations, Programs, Activfies, and Functions."
3. The audit report shail state thatthe auditwas 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 Instihite of Certified
Public Accounts' (AICPA) audit guide, "Audits of State and Local Govemmental Units," issued in 1986.
The federal government has approved the use of the audit guide.
in addition to the aud'R report, the recipient shali 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
corcective action taken on prior findings. If corrective action is not necessary, a statement describing the
reason it is not should accompany the audit report.
4. The grantee agrees that the grantor, the Legislative Auditor, the State Aud'Ror, and any independent
auditor designated bythe grantor shall have such access to grantee's records and finanaai shatemeMs as
may be necessary for the grantor to compty wiih the Single Aud'R Act Amendments of 1996 and OMB
CircuiarA-133.
5. Grantees of federal finanaal assistance from subrecipients are also required to comply with the Singie
Aud'R Act and OMB Circular A-133.
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
n n�nsi
F�d�ibit B, page 2 of 2
7. ThegranteeagreestoretaindocumeMationtosupportthesche�uleoffederalassistanceforatle�tfour
years.
8. Reauired audit reaorts must be filed with the State Auditor's Office. Sinale Aud"rt Division. and with
federai and state aaencies orovidina federal assistance, and the Deoartrnent of Public Safetv
wit6in nine months of the arantee's fiscal vear end.
OMB CircularA-133 requires recipienLs of more than $500,000 in federai fundsto submit one copyofthe
audit report within 30 days affer issuance to the centrai elearinghouse at the following address:
Bureau ofthe Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, indiana 47132
Attn: Single AudB Clearinghouse
The Departrnent of Public Safety's audit report shouid be addressed to:
Minnesota Department of Pubiic Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101�126
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