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08-1220Council File # RESOLUTION OF SAINT PAUL, MINNESOTA Presented Bv: Referred To: 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 IS 16 17 18 19 20 21 22 23 2A 25 26 27 Green Sheet # �B-12za 3060676 / i WHEREAS, the City of Saint Paul, Police Departmen[, has been awarded an Enforcing Underage Drinking Laws Program grant from the State of Minnesota for the period of July 1, 2008 through April 3Q 2009 or unti] aIl obligations have been satisfactorily fulfilled, whichever occuxs first; and WHEREAS, this funding provides for compliance checks on ]iquor establishments regarding underage drinking laws within the City of Saint Paul (Grant Conuact �9100-1086, Attachment #1); and WHEREAS, a 2008 financing and spending plan needs to be established for [his a ant; and WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of saint Paul, does certify that there aze available for appropriation funds of $2,500 in excess of ihose estimated in the 2008 budget; and WHEREAS, the mayor recommends that the following addition be made to the 2QQ8 budget: CURRENT AMENDED BUDGET CHANGES BUDGET 436-Police Special Projects Fnnd FINANCING PLAN: 34148 - Underage Compliance Checks 3099 - Other Federal Direct Grants In Aid 2,700 2,500 5,200 Total Changes to Financing 2,700 2,500 5,200 SPENDING PLAN: 34148 - Underage Compliance Checks 0141- Overtime 0439 - Fringe Benefits 0449 - Workers Compensation Total Changes to Spending 2,327 2,124 4,451 318 291 609 55 85 140 2,700 2,500 5,200 28 29 THEREFORE BE IT RESOLVED, that the Saint Paul C�ty Council accepts this grant and avthor�zes Chief John Harnngton to 30 implement the attached agreements with the State of Minnesota, which includas an mdemnificaUOn clause. A copy of said 31 ageeme�ts is to be kept on file and on record in the Office of Financial Services; and 32 33 THEREFORE BE IT RESOLVED, that the Saint Paui Ciry Counal approves these changes to the 2008 budget. 34 Veas Absent � Requested by Department of: By: Recommended by Financial Services: Adopted by Canncil:Date: ���Jf�fjJ� Adoption Certified by Council Secretary: � Appro� � � EnSOrang Untlerage Drinking Crnrct t088 wrth fina�cing plan.xls � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � C�'/2� i DepartmentlOffice/Council: � Date Initiated: , ; Pp_P°���oePartme�t ,o-o� Green Sheet NO: 3060676 ' Contact Person 8 Phone: Department Sent To Person InitiallDate ' Chief John Harrington 0 Police Deoartment Police Deoartneot � , 266-5588 � 1 PoliceDeoartment . PoliceDenar[meut �. / � Must Be on Councii Agenda by (Date): : Doc. Type: PUBLIC HEARING ' (RESOLUTION) E-Document Required: Y Document Contact: Evette Scarver ContactPhone: 266-5541 Assign Number For Routing Order ToWI # of Signature Pages �_ (Clip All Locations for Signature) t� ' Action Requested: i Signatures on the attached council resolution establishing a financing and spending plan for the Underage Drinking Laws Program grant. Recommentlations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain alI yes answers on separate sheet and attach to green sheet. I�itiating Problem, Issues, Opportuniry (Whq What, When, Where, Why): The Ciry of Saint Paul, Police Deparhnent, has received [he above grant in the amount of $2500.00. A financing and spending plan needs to be established. Grant Contract #9100-1086. Advantages If Approved: Opportunity to enforce underage drinking laws and educate alcohol retailers and establishments regarding underage drinking laws. Disadvantages If Approved: None. ?�:.:,._.� - ., i `- : � �:�Y DisadvanWges If Not Approved: Lost opportunity to use grant funds to enforce underage drinking laws. �CT 1 � 2(1Q� `� 3 � , 3' ��� � � �� Total Amount of $5,200.00 Trensaction: Funding Source: 436 Fi nanc ial Intormation: � � (Explain) October 10, 2008 12:14 PM Cost/Revenue Budgeted: Activity Number: 34148 Page 1 �: :�� ���.. . • �� �•. STATE OFNIINNESOTA GRANT CONTiLACf This grant contract is betwe� the State of M�esota, acting f�rough its Commissioner of Public Safet�. Alcohol & Gmmblmg Enf� Division. 444 Ced� 5trcet Smte 133 Toc� Square. St PanL NIN 55101-5133 !"State"1 a� CiEy of St PauL St Paut Po}ice Depac�ent, 367 Grove Sueet St PauL MN 55101 C'Gcantee'� Recitals 1 und� Mmn. stac. § a99A.o 1_ s,�ba 2(a) the scate is empowerea to � mto aus grnnr oontract. 2 Fe�at F�s for diis grant contr�t aze provided � 11� U_S_ Depazm�t of Justice's Enfon,wg i3ndexage Drinkmg Laws Progam to enforce imderage drinl�g laws and edncate alcohol retailers and establishments regarding imderage �S �- 3 The Siate is m neecl of a compliance cl�ecks Progam by local law enforcement of liquor establishmeats wiflw� their jurisdidion. 4 The Grant.ee r�resems that it is duly qualified and agrezs W perform all services described in this grant contrad to the satisfactian of t3� State. Grant Co�ract Term of Gra� Conirad 1.1 Effedive date: Julv 1. 2008. � the date the State obtains all required signadues under Minnesota Statutes Section 16C.05, subdivision 2, w}richever is later. Once this granY contract is fiilly executed, the Grantee may claim reimburseme,nt f� exp�dibues incurred pursuant to Clause 4.2 of this gant co�acx. Rem�biusenm.nLs wdl only be made for those expendihues made according to the tams of this graot coNrnct. 12 Fapiratiox date: Anri130_ 20Q9, or until all obligati�s have be� satisfaducily fulfilled, whicliever occurs ficst. 1.3 Survival of Terms. The followiag clauses siavive the expuation or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Gover�ent Data Practices; 12. Publiciry and Fudo�semen� 13. Govemiug I,acv, Jwisdiction, and Venue; aod 15. Data Disclosiae. 2 Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Conduct independe,nt compliance checks at licensed liquor establishments witfim their jurisdictions as specified in 1� Grantee's Compliance Check Grant Application, Attachme,nt A, which is attached and incoiporated into this grant contract a� in the applicable application guidance that is incotporated by reference a� made a pazt of ihis grant contract. 2.2 Report find'mgs back to the Shte using the State approved reporting farm. 2.3 Report all licensed liquor establishments failing complia�e check w local liquor license issuer to impose penalty piusuaat to Nfma Stat. § 340A415. 2.4 The State may ruodify or change all fom�s at their discretion during the grant term 2.5 Grantee wi}I comply with fhe Single Audit Ad Amendm�ts of 1996 a�d O�ce ofM A��+* and Budget Cuculaz A-133. Federai Audit Requiremeats is attached and incorporated and made part of this gant conUrack See Attachment B. 3 Time The Grantee must comply wiflt all the time requirements descnl�ed in Yl�is garn contract. In the peafarmance of tliis grant contract, t�e is of the essence. 4 Consideration and Papment 4.1 Consideration. The StaYe will pay for all serviees performed by Uie Crrantee imder this gant contract as follows: (I) Comp�rsation. The Grmtee will be paid an amount not to exc�ed 2 00.00 based on the following method of paym�t: $30.00�er completed comniiance check. (2) Total ObFigatiort. The totai obligation of the State for all compensation and reimbws�ents to d� Cnantee under this grant contract will nar excced 2 500.00. ��� �:�����tir..« C� il /� 4.2 Payment (1) Irrvoicec The State w�71 P�P�S P$S'the Grantce a8u the G�tce p�esents an itemized invoice f� flre secvices actuslly peaformed and the State's Authorized Representative accepts the mvoiced services. lnvoices must be submitxed timiely and acxord"mg to t�e follawing scl�edate: Itemized "mvoices will be filed'm arreazs at least quarteaiy, but not moie oft� than monthly, and witi�m 30 days of dre peciod covered by the invoice for work satisfecxan'ly p�fom�ed "�ng dre form provided by tl� State. Final invoice must be received no later tl�an 30 days after the E�iration date of f1�is eFant contract. (2) Federal funds. (aVhae applicable, if blank this seclio�n does not aPPly) Payments under this gcant cbntcact will be made from federai fimds obtained by the State through CFDA n�ber 16.72'7 of the Avorouriations Act for ti� Depaztru�t of Commcxce Justice State �e Judiciary and Related A�neies of 1999 and amendmenLs thereto. The Grantee is responsible for compliance wit6 alf federal requirements imposed on these fimds and accepts full fmancial respansibility for anS'r�ements �mlwsed b3'tl� Gcantee's failure to comply with federal reqnirenents. 5 Condi6iens of Payment All services provided by the Grautee under this grant conuact must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accardance wifh all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work foimd by the State to be unsatisfactory or petformed in violatian of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Mazlene KjeLsberg�Supe�risor. 4-04 Cedar Staeek Suite 133 Town Square. St Paul MN 55101-5133. 651201-7503, or her successor, and has the responsibility to monitor the Grantee's pexformance and the anthoriity to azx,c,pt the services provided �mder this gtant conuact_ If the services are satisfactory, the State's Authorized Representative will cer[ify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Chief Jdm Hacrinp.taa St. Paul Police DepaRment. 367 Grove Street. St. PauL MN 55101(651) 266-9065. ff the Grantee's Authorized Representative changes at any time diuing dus grant co�t, the Grantee must immediately nohfy the State. Assignment, Ameudmeats, Waiver, and Grant Contract Complete 7.1 Assignmrnt The Grantee may neither assign nar transfer mry righYs or obligati�s imder this grmut contr�t without the prior consent of the State aad a fully executed Assignment Agreement, eacecuted and apptoved by the same pamies who earrec�rted and approved dris gr�t contract, � diea successors in office. 7.2 Amendments. Any amendment to this grant contract must be in wriNng and will not be effective untit it has been exectded and apprwed by the same pazties who executed �d appmved d� ori9nal Srant contraot, or thea successors m office. 7.3 Waiver Ifthe State faiLs to enforce �y pmvisi� ofthis �ant cantract, that fail�ue dces not waive the provisi� or its right W eaforce it 7.4 Grant Contrad Complde This gant cantract coNaios all �otiations and agreements beiween the State and fhe Grantee. No other regarding dris graar contraet, whetlrer written or oral, may be used to bind either pazty. 8 Liabilily The Gcantee must mdemnify, save, a�d hold t6e State, its aS�ts, and �ployces bazmiess from mry claims or causes of adion, including attomey's fces incurred by the State, arising from the performance of this grant contract by ihe Grantee or d� Graotee's age�is or e�ployees_ Tlvs clause witl � be c�slrued to bar azry legal r�eclies the Cnantee may have for the State's failure to fiilfi11 its obligations imder tbis grant contract c�;�c�ocros �. .,� �.��.. •. • r� �•. 9 State Aadits Under Mmn. Stat § 16C.05, sand. 5, fhe Grantee's books, recoqds, doc�ts, and acxoimling proc�¢es and practices ietevazrt to this gantconuact aze snbject to eicaminationby the State �dlor the State Auditor or Legisiative Auditor, as appropciate, for a minmm� of s� yeazs from the end of this gBnt cantcact. IO Government Data Practices The Gr�tee and State must c�mply with tfie Min�sota Grner�ent Data Practices Act, M'�nn. Stat. Ch 13, as it aPPlies to all data pmvided by fhe State imdet this grant contract, and as it applies to all data creatad, coIlected, mcen'ed, stored, used, mai�a�d, or diss�tmated by tl� Gra�e �der this graot contract. The civl remedies of lvfinn. Stat § 13.08 apply to the release of the data referred to in this clause by either t6e Grantee or the State. If the Grantee �eceives a request to release the data refared to in dris Clause, the Giantee must immediately notify �e State. '£he State will give the Crrantee instructions concerning the release of the data to the requesEing party before the data is releasad. il Workcrs' Compensation The Gaaotee ce�tiSes that it is m comg�liance with Minn. Stat. § 176.181, subd. 2, pertammg to workeas' ca�pensahon insivance coverage. The Grantee's employees a� ageAts will not be considered State employees. Any claims that may �ise imder the Minnesota Wo�ceis' Comp�sation Act on behaif of ihese e�ployees �d mry claims m� b3' �Y � P�Y as a consequence of mry actor omission onthe part of tt�ese employees are in no way the State's obligation ar responsbility. 12 Pubficity aad Endorsement 12.1 Pub(icuj'- Any Publicily regazding the subject matter of dris gtant contract must ideniify the State as die sponsoring agency and must not be released without pri� written approval from the State's Authorized Repnsentative. For pmposes of ihis provision, publicity inciixks notices, infamatianal p�tphlets, press releases, research, repotts, sigos, and smiilu public t�tices prepm�ed by or for the Gra�ee individually or jointly with oth�s, or azry subcontractors, with respect to the program, publications, or services provideci resulting from tivs grant contract. 122 Endorsement. The Cnantee must not claim that die State endorses its products or sefvices. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choiceof-law provisians, govans this grant contrad. Venue for all legal proccedings out of ttus gcaut conirad, or its breach, must be in the appropriate state or federal coiu�t with competent jurisdidion m Ramsey County, Minnesota. 14 Termination 14.1 Te�minalion by the State Tl� State may cuuzl this gant con�act at aay time, with or without cause, upon 3d days' written uotice to the Grantee. Upon tennination, the Grantee will be entitled to Payment, determined on a pro rata basis, for services satisfacx�ily performed. 14.2 Termination far Insufficient Funding. The State may immediately teiminate this gram contract if it dces not obtain funding from the Miffiesota I.egisiataue, or ofher funding souree; � if fimding cannot be c�ntmued at a level suffici�t to allow for the payment ofthe se�vices covered here. Termination must be by written or farf notice to the Grantee. The State is not obligated to pay fo� mry savices that aze provided after notice and effective date of teamination However, the Gcantee will be entitled to payment, detecmined on a pm rata basis, for services satisfxtorilY Performed W fhe extent diat fimds are available. The State will not be assessad mrypenalty ifihe grant conlract is terminated because of the decision of the Minnesota Legislatv�e, or otlrer fimding source, not to appropriate fimds. The Statemust pravide the Grantee notice of the lack o£fimding withm a reasonable trme of the State ruxiving that natice. o c�u�ca�aca�ros :,�i�i�� i . � � i 1 1' 14.3 Termixation for Failure fo ComQly. The State may cancel this grant contract �iafely if the State finds that tl�xe lias bee� a fad�e to c�ply with the pravisi�s of dris gcant, that ieasonable pco�ss has � bee� made or t6at the p�pose for which the fuads w�e granted have not been a will not be fiilfilled, f�e State may take adaon to pmtect the inte�esfs of tl� State of M'�sota, i�Iuding the refnsal to disbiuse �onat 5mds a� requaing the �ehun of alI orpart of tire fimds ah�ady disbursed. IS IYata Disclosure Undea Nfinn. Stai. § 270C.65, and other applicable law, the Crrantee conse.nts to disclos�ue of its socisi sec�uity nwnber, fed�al �ploy� taac i�ntification mmiber, aadl� Mi�esota tac identiflcati� mmmber alreadY Provided to the State, to federal and state ta�c a$encies and state personnel imrolved 'm tbe payment of state obligatians. These i�ti� n�be,rs may be used in tl� enforceme�t of fed�al and state tas laws which cauld result m action requiring the Gramee to file state t�e retucns m�d pay delinquent state tazc liabilities, if any, or pay other state liabilities. 1. ENiCUMBRANCE VERIFICATION Individual cerGfies d�fu'ds Imce bea+enc�mi reyidred 6yMirm. Sta4 §§ /Q415 m'd 16C.0 . �� �� Date: . Glant Conhacf No. Z. Ca�fE$ i� � � �C �i/QNf¢¢ CCllff¢S f�l4T l�tf O(JPTOp 1H11�¢ Cl2NIP.l��IhE$fQAICOAb'OCIOAwwy �fjl2 �i reqrtin:dbyapplicablearticles.63'laws resdxtion�. /� �, �f T� Chief of Poli^ce f ,. Da[e: Br r�: n�: / �-�7 3. Si'ATEAGENCI'''� . � (wifh deYegated a�ordY) - Tifle: I�� _ -. . l % n;�„�: DPS/FAS Graatee State's Authaized Repm.semative Compliaooe CLedc O6l08 MN Department of Public Safety Alcohol & Gambling Enforcement Compliance Check Grant Application (�ttachment A) Date of Applicarion: April 23, 2008 Law Enforcemern Agency Name: St. Paul Police Department Chief Law Enforcemern Officer Name: Clrief 7ohn M. Harrington Department Address: 3fi7 Grove St. St. Paul, MN 55101 Departme� �Mail address: dave.schoen(c�ci.stpaul.mn.us Law Enforcement Grant Applicant Name: Sgt. Daue Schoen, SPPD Vice Unit Applicant Phone Number: 651-266-�065 Federat Employer ID #: 41-6()0521 Number of swom officers in departmern: 622 MN Taz� ID #: 008025095 Amicipated dates when establishmern compliance checks will be done: Round # 1: On or about 7uly 1, 2008 Round # 2: On or about 7anuary 1,2009 • Number of alcohol licensees in your jurisdiction: 392 Of total licensees, �mber of each below: Business Tvpe # of each licensee in commanitv - Convenience Stores: 38 - Grocery Stores: 15 - Golf Courses: 3 - Restaurants: 128 - Off Sa1e (liquor stores): 55 - C?n Sale (bars): 134 Attachment A Page 1 of 1 � - Qther (specify b�1Qw): 19 Catering, Churches, Private clubs. 11io n��ed to list individna! licensees at this time.