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07-956Council File # RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By: Referred To: Green Sheet # Committee:Date: o� - �tsc 3043956 [�J 1 BE IT RESOLVED, that the city council authorizes the Ciry of Saint Paul, Police Deparhnent, to enter into the 2 attached �ant agreement with the State of Minnesota, which includes an indemnification clause. A copy of 3 said apreement is to be kep on file and on record in the Office of Financial Services. 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Requested by Department of: Adopted by Council: Date: //J`j/j j�j/1 Adoption Cerfified by By: Approved b � B l �!�� ForrbJApproved by City Attorney: ✓� BY� � v� c Appr d by M yor for Submission to Council: B y : •� Q:\Fiscal�,40&CR�200TState of MNCOPS2008-0030.z1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �� PD - PO]iceDepartment , Contact Person & Phone: ' ChiefJOhnHarting[on 266-5588 � Must Be on Council Aaen Doc. Type: RESOIUTION E-DOCUment Required: Y Document Contact: Evette Scarver 13-SEP-07 I Green Sheet NO: 3043956 � uepar[meni aem�orerson 0 �PdiceDeDarfinen[ I PoliceDeoar�ent � ASSign I 1 �diceDepartment PoliceDepar�ent , Number Z �p Atiorner � City Attornev I For Rou[ing 3 Mavor's025ce I Masor i OMer � 4 'Comcl I CouncO I 5 iry Clerk I Ciri Clerk � 6 �Police Deparbnen[ Police Depariinent I Contact Phone: 266-5541 Total # of Signature Pages (Clip All Locations for Signature) Signatures on [he attached council resolution authori2ing the City of Saint Paul, Police Department, to enter into the attached grant agreement with the State of Minnesota. itlations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this persoMfirm ever worked untler a convact for this department? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does ihis person/firm possess a skill not normally possessed by any current city employee? Yes No Erzplain all yes answers on seperate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): � The Ciry of Saint Paul, Police Depar[ment has received a Community Policing grant from the State of Minneso[a. Authorization is needed to en[er into the atta.ched grant agreement. AdvantagesltApproved: The Community Policing grant provides funding for one new officer assigned to community policing duries, specifically assigned to a "beat" within the City of Saint Paul. � Disadvantages If Approved: � None. __ s , . � _-- , � " - _ i DisadvanWges If Not Approved: � Lost opportunity to use grant funds for community policing. �i� ! � 1"a� 9 4.�P.lv�� TotalAmouMOf $126,664 Transaction: F��d�ng source: State of Minnesota financial information: (Explain) ��3 ��� CostlRevenue Budgeted: Activity Number: . ' ���`'�� �.✓ September 13, 2007 1:17 PM Page 1 � STATE OF MINNESOTA �� — � 5 � GRANT CONTRACT This gant contract is between the State of Minnesota, acting through its Commissioner of Pubiic Safetv, O�ce of Justice Propsams. 444 Cedar Street Suite 100, St. Paul, MN 55101-5100 ("State") and City of St Paul, Police Deparhnent 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 aze provided under Laws of Minnesota 2007, Chapter 54, Article 1, Section 10, Subdivision 6 for the purpose of hiring new peace officers or providing peace officer overtime pay. 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 all services described in this grant contract to the satisfaction ofthe State. 1 Term of Grant Contract Grant Contract 1.1 Effective date. Julv 1, 2007, 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 Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.3 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of this gant contract. 1.2 Expiration date. June 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Pubiiciry 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 employee, will perform all of the dufies 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 aze on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. GTantee shall also comply with all program standazds, which are incorporated by reference into this gant contract and made a part of this grant contract. 2.2 Reporting Requirements. Grantee shail report to the State as specified 'm the Office of Justice Programs' Grant Manual, which is incorporated by reference into this gant contract. (1) Financia! Reponing. Grantee shall submit a financial 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 towards 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) Speeial Re�uirements. 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 wrifing of any specia] administrative 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. S1ate (7/0� CommuniTy-Orie�ted Policing (COPS) 08 OJP Grant Number 2008-COPS-00300 4 Consideration and Payment c�� — °�S�v 4.1 Consideration. The Siate 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 $126,664.00, 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 Section 4.2(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 travel 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 h is out of state. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the �ant contract, will be met by the Grantee: 0 000.00. (4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $126.664.00. $63,332.00 is available from July i, 2007 through June 30, 2009. $63,332.00 is available from July 1, 2008 through June 30, 2010. 4.2 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 each source of funding received. Grantee shall comply with the current Office of 7ustice Programs' Grant Manual. No funds will be disbursed for activiries not identified in the goals and objectives or work p(an submitted on the grant application forms prescribed by the State. No funds from a specific fimding source will be disbursed for activities that do not meet the requirements of that funding source. (2) Budget Revisinns. Grantee shall submit a written budget revision request to the State's Authorized Kepresentative 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 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 unfil 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) years after the date of submission of the final financial 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 Invoices. The State will prompfly 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 filed in arrears at least guar[erly, but not more often than monthlv, and within 30 days of the neriod covered bv the invoice for services satisfactorilv performed. The final invoice oertaininQ to each state fiscal veaz of this erant contract must be received by July 31 of that calendar year. Reimbursements from the next state fiscal �ear(s) mav commence on or after Julv 1 of that calendar yeaz. The final invoice must be received no later than 30 davs after the Exouation date of this ¢rant contract Expenditures for each state fiscal vear of this erant contract must be for services performed within the applicable State (7/0� CommuniTy-Oriented Policing (COPS) 08 OJP Grant Number 2008-COPS-00300 state fiscal yeaz. Everv state fiscal vear beeins on July 1 and ends on June 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 with all federal requuements imposed on these funds and accepts full fmancial 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 contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representarive 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 Representarive is Jesse Standal, Deqartment of Public Safety Office of Justice Proerams. 444 Cedaz Stree� Suite 100, St Paul, MN, 55101-0100. L 1) 201-7343, 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 will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Amv Brown. Reseazch & Grants Manaeer, St Paul Police Deoartment, 367 Grove Street. St PauL MN. 55101, (651) 266-5507. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Graut 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 the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective unti] 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 dces not waive the provision or its right to enforce it. 7.4 Grant Contract Cnmplete. This grant contract contains all negotiations and agreements behveen the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either Paz'�'• 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, 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 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, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minunum of siY 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. Sta[e (7/07) 3 Community-Oriented Policing (COPS) 08 OJP Grant Number 2008-COPS-00300 f�`�- �i5 �G IFthe 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 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' compensation insurance coverage. The Grantee's employees 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 claims made by any third party as a consequence of any act or omission on the part oFthese employees are in no way the State's obligation or responsibiliTy. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regazding the subject matter of this gant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representarive. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, 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 grant contract. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this gant conhact. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdicfion in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this gant 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 norice 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 Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, 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 are provided after notice and effective date of termination. However, the Grantee will be entitled 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 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 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 t� identification number, 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 obligatlons. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tas rehuns and pay delinquent state tas liabilities, if any, or pay other state liabilities. S[ate (7/07) Community-Oriented Policing (COPS) 08 OJP Grant Number 2008-COPS-00300 0 1. ENCUMBRANCE VERIFICATION Individual certif:es that funds have been encum6ered as required by Minn. Stat. �'� 16A.15 and 16C.05. Signed: Date: GrantContractNo.: 9f1f1R-6. _p(1q(10/F4f10-2474 2. GRANTEE The Grantee certifies have executed the gr required by applicab, By: Title: Date: By: Tille: Date: By Ti Da By Ti Da By Ti Da i6t the appropriate person(s) t contract on 6ehalf of the Grantee as articles, by[aws, resolutions, or ordinances. C�-q5iv 3. STATE AGENCY By - � � (wi� delegated auth6rity) Title: Date. ' _ T , Distri6urion: Agency Grantee State's Authorized Represrntative Sta[e (7/07) 9 Communiry-Orien[ed Policing (COPS) 08 OlP Gran[ Number 2008-COPS-00300 EXHIBIT A ��P�a� S� � � � m �? �O �OFNJN� OFFICE OF JUSTICE PROGRAMS Grantee: St Paul Police Department ;� :=� Grant Number. 2008-COPS-00300 a_� � P�O9f3fil COf17POf18�f: Hire New Officers: Officer one - North End - Rice Street - Budget Category Award Salary and Overtime $94,525.00 Payroll Ta�ces & Fringe � $32,139.00 Total $126,664.00