08-1221Council File #
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Green Sheet #
c'�8—l��
3060677
l(/ 'l
WHEREAS, the C�ry of Saint Paul, Police Department, has been awarded an Enforcing Undera�e Drinking Laws Program gant
from the State of Minnesota for the period of July 1, 2008 through April 30, 2009 or until all obligations have been satisfactorily
fulfilled, whiche�er occurs first; and
WHEREAS, this grant provides funding for independent invesLgations of adult providers of alcohol and underage use of alcoho]
(Grant Contract #9100-1087, Attachment #1); and
WHEREAS, a 2008 financing and spending plan needs to be established for this grant; and
VJHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of saini Paul, does certify that there aze available for
appropriation funds of $2,500 in excess of those estimated m the 2008 budget; and
WHEREAS, the mayor recommends that the following addition be made to the 2008 budget:
CURRENT AMENDED
BUDGET CHANGES BUDGET
436-Police Special Projects Fund
FINANCTNG PLAN:
34148 - Underage Compliance Checks
3099 - Other Federal Direct Grants In Aid
Tota{ Changes to Financing
SPENDING PLAN:
34148 - Underage Compliance Checks
0141 - Overtime
0439 - Fringe Benefits
0449 - Workers Compensation
Total Changes to Spending
5,200 2,500 7,700
5,200 2,500 7,700
4,451 2,124 6,575
609 291 900
140 85 225
5,200 2,500 7, 00
THEREFOJtE BE IT RESOLVED, that the Saint Pau] City Counci] accepts this grant and authorizes Chief John Harrington to
implement the attached ageements with the State of Minnesota, which includes an indemnification clause. A copy of said
agreements is to be kept on file and on record in the Office of Financial Services; and
33 THEREFORE BE IT RESOLVED, that the Samt Paul City Council approves these cha�ges to the 2008 budget.
34
Yeas
RESOLUTION
CITY �F SAINT PAUL, MINNESOTA
Absent � Requested by Department of:
�
Adopted by Council:Date: ���fS�G! f
Adoption Certified by Co Secretary:
$y; L �
Approved by a r:�a� �� �� Q�
By:
ApprKval Recommended b Financial ervic :
By:
Form pp oved by CiTy��tt��
By:
Approved yoi f• Submiss' n to Council:
By: �
Enforcmg Untlerage Drinking Cntrct 1087 with financing plan.xls
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� °��
; DepartmentlOffice/COUncil: Date Initiated: �
�., Pp_._PoliceDepartment �,o-o�T-o$ ' Green Sheet NO: 3060677
� Conqct Person & Phone:
� ChiefJohn Harrinqton
266-SS88
Must Be on Council Aqenda by (Date):
Doc. Type: PUBLIC HEARING
(RESOLUTION)
E-Document Required: �'
Document Contact: Evette Scarver
Conqct Phone: 266-5541
� �
Assign
Number
! Por
� Routing
Order
0
1
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7
Police Deoartment Police Deparhnent
Police Department Police De�artment
City Attornev Citv Attornev ✓
Financial Servicu Directoq FSO '
Mavor•s Office MaYOr
Councd ' Cauncil
Ci CityClerk i
Po1ice Deaartment Police Department
Total # of Signature Page�(Clip All Locations for Signature)
Signatures on the attached council resolution establishing a financing and spending plan for the Enforcing Underage Drinking Laws
Program grant. '
R2commendations Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
�
Personal Service Contracts Must Answer the Following Questions:
1 Has this person/£rm ever worked under a contract for this department?
Yes No
2. Has this personlfirm ever been a city employee�
Yes No
3. Does this person/frm possess a Skill not normalty possessed by any
curreni city employee�
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
The City of Saint Paul, Police Department, has received the above grant in the amount of $2500.00. A financing and spending plan
needs to be established. Grant conlract #9100-1087 see attached.
Advantages Ifi Approved:
Opportuniry to enforce underage drinking laws and educate alcohol retailers and establishiments regarding underage drinking laws.
DisadvanWges If Approved:
None.
__3 �
Oisadvantages If Not Approved:
Lost opportunity to use grant funds to enforce underage drinking laws.
ToWI Amount of $� �00.00
Transaction:
Funding Source: 436
Financiai Information:
(Explain)
Cost/Revenue Budgeted:
Activity Numbes: �148
oC� � u �s14E�
� ;.. l.!' i'`_ g �„�
��9 � Q : .� 8 � � ���e'E � ��
October 10, 2008 12:14 PM Page 1
� -
STATE OF MINNESOTA
GRANfCONTRACP
��ac�,��c�ioo-iog7
This grant contract is betweea the State of Minaesota, actmg through its Comnussioner of Public Safety. Alcohol & Gambiing
Enforcemern Division_ 444 Cedu Sireet Suite 133 Town Squaze St PauL MN 55101-5133 ("State"1 and Citv of St PauL St
Fau1 Police Depaziment, 367 Crrove Street. St. Paut Nlinnesota 55101("Grantee").
Recitals
1 Under Minn. Stat. § 299A.01. Subd 2(4) the State is empowered to enter iato this grant contract.
2 Federal Fimds for this gant contract aze provided under the U.S. Depaztment of Justice's Enforcing Underage Drinldng
I.�ws Program to enforce underage drinking laws and educate alcohol retailecs and establishments regazding underage
drinidng laws.
3 The SYate is in need of alternate enforcemenY activities by local jurisdictions to address underage persons in possession of
ateohoi.
4 The Grantee represenis that it is duty qaalified and agces to perform all services described in flris grant contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effecative date: J� 1. 2008. or the date the State obtains all required signatures under Minnesota Stahrtes Sectian
16C.Q5, subdivision 2, wluchever is later. Once tlris grant contract is fully executed, the Grantee may claim
reimbu�sement for expendidues incurred pursaant to CIause 42 of this graut comrxct. Reimbursements will oaly be
made for those expenditutes made according to the terms of this grant contract.
12 Erpiration date: Auri130_ 2009, or w�til all obligations have been satisfactarily fuifilled, whichever occurs fusk
I.3 Survival of Terms. The fotiowing ciauses survive the ea�piretaon or canceIIation of this grant contract: 8. Liabiliry; 9.
State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction, and
Veaue; and 15. Data Disclosure.
Grantee's Duties
The Grantee, who is not a state employee, will:
21 Conduet independent im�estigations of aduh providers of atcohol and underage use of alcohol as specified in the
Grantee's Alteruate F.nforcement Grant Application, Attachment A, which is attached and incorporated into this
grant contract and in the applicable application guidauce that is incorporated by reference and made a part of tlils
grant contract. The approved investigation is for surveillance activity as described in Attachment A. Grantee's
employees cvill only be reimbursed for hours that o�cers work on a day offor on a shift extension.
22 ReQort findings back to the State using the State approved reporting form The State may modify or change all focros
at their discretian durmg the grant tecm
2.3 Report all licensed liquor establishmenu failing compliance check to local liquor license issuer to impose penalty
pursuant to Minn. Stat. § 340A.415.
2.4 Graatee will comply with the Single Audit Act Ameudments of 1996 and Office of Managemern and Budget Circulaz
A-133. Federal Audit Requirements is attached and incorporated and made part of tlus grant conlract. See
Attachment B.
Time
The Grantee must comply with all the tirue reqirirements described in ttris grant contract. 1n the performance of this grant
contract, time is of the essence.
4 Consideration and Payment
4.1 Consideration The State will pay for all services performed by the Crrautee imder this gsnt wntract as follows:
(i) Compensation. The Grantee will be reimbursed an amount not to �ceed $2 SOO.QO for reimbursement of
officer actual ove�time includine &inee benefits for couductin�independent im�eslieations of adulY providers of
alcohol and imderaee use of alwhoi under this proa�am.
n��t� E�«�ocios
.
I�?�
.�� .,�. �. � �� �•
(2) Total Obligation. The total obligation of the State for all wmpensation and reimhvrsements to the Grantee
�mder tl�is grant contrad will not �ceed 2 500.00.
42 Paymeni
(1) Invoices. The State will PromP�3' Pa3'the Grautee after the Grantee presenu an itemized invoice for the servaces
actually perfotmed and the State`s Authorized Representative accepts the im�oiced services. Invoices must be
submitted timety and according to Ehe folloamg schedule:
Itemized 'mvoices witl be filed in arrears at least quazterly, but not more often than monthiy, and wiflvn 30 days
ofthe period covered by the invoice for work satisfactorily performal "�n$ the form grovided by the State.
Finat invoice must be received no iater than 30 davs after the Eapiration date of this erant cont�act.
(2) Federal funds. (Where applicable, if blank this secLion does not apply) Payments imder tlris grant contract will
he made from federat funds obtained by the State through CFDA number 16.727 of the A�„pro�riations Act for
the Deoartment of Con�erce Justice State the Judiciarv and Related A�encies of 1999 and amendments
thereco. The Grantee is responsible for compliance with all federal requirements imposed on these funds and
accepts full finaneial responsibility for azry requirements imposed hy the Grantee's failure to comply with
federal requirements.
5 Conditions of Payment
All services provided by the Gras�ee imder tlris gant 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, snd local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found
by the State w be imsatisfactary or performed in violation of federal, state, or local law.
6 Authorized Represeatative
The State's Authorized Representative is Mazlene Kjelsb�rg 5noervisar 444 Cedar Strcet Suite 133 Town Square
St. Paul NIN 55101-5133 651201-7503. or her successor, and has the responsibility to monitor ihe Grantee's
performance and the autharity to accept the services provided under flvs grant contract. If the services are
satisfactory, the StaEe's Authorized Represeutative will certify acceptance on each invoice submitted for payment
The Grantee's Authorized Representative is Clrief Jolm Harrinaton. St Paul Police De�a�trnent 367 Grove Street St
PauL MN 55101(651) 266-9065. If the Grantee's Authorized Representative changes at any time during this grant
contract, the Grantee must immediately nMify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this gram contract
without the prior consent of the State and a fuily executed Assignment Agreement, executed a� approved by the
same parties who executed and approved tLis grant coniract, or t6eir successors in office.
72 Amendments. A� amendment to this gra� contract must be in writing and will not be effective imtil it has been
executed and approved by the same pmties who executed and approved the ariginal grant comract, or their
successors m office.
7.3 Tf'aiver. If the State fails to enforce a� provision of this grant contract, that failure does not waive the provision
or its right to enforce it
'7.4 Grant Contrad Co�tete This gra�f. contract contains all negotiations and agreements between the State and
the Geantee. No ather understanding regazding this grant contract, whether writxen or oral, may be used to bind
either pazry.
Atr�fe �e«�u o�oa
Gr�t���Cf3Q'� 9100-1087
8 Liability
The Grantee must indemnify, save, and hold the Sfate, its agents, and employees harmless from any clamvs or causes
of action, inciuding attomey's fces incurred by the State, azising from the performance of this gant contract by the
Cmntee or t3�e Grantee's agents or emplayees. This clause will not be construed to baz any legat remedies tfie Grantee
may have for the State's failure to fulfill its obligations under this grant cantract.
9 State Andits
Under Mi�. StaY. § 16C.05, subd. 5, the Cmntee's books, records, docimments, and accozmting procedures and
praclices relevant to this grant contract are subject to e�c.win?fion by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a minimum of suc years fram the end of this gant contract.
10 Govemment Data Practices
The Grantee and State must comply cvith the Minnesota Crovernment Data Practices Act, Mina Stat. Ch 13, as it
applies to all data provided by the State under this grant co�ract, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Grantee under tlus grant contract. The civil re�edies of
Miun. Stat. § 13.08 appty to the release of the data referred to in this cIause by either the Grantee or the State.
ff the Grantee receives a request to release the data referred to in tbis Clause, the Grantee must immediately notify the
State. The Stste will give the Grantee instnictions concerniug the release of the data to the requesting parry before the
data is released.
11 Workers' Compeusatioa
The Crrautee certifies that it is in compliance with Minn. Stat § 176.181, subd 2, pertaining to workers'
compensalion inswance coverage. The Grantee's emplayees and agents will not be considered State employees. Any
claims that may arise under the Minnesota Workers' Compensation Act on behalf of these empioyees and any claims
made by any third pazty as a consequence of azry act or amission on the part of thcse employees are in no way tfie
State's obligation or responsibility.
12 Publicity and Endorsemec�t
12.1 Pubticity. Any publicity regarding the subject malter of this grant contract must identify the State as the
sponsoring agency and must nat be released without prior written appmvat from the State's Authorized
Representative. Far piuposes of ihis provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similaz public notices prepazed by or for the Grantee individually or
joiutly with others, or azry subconiractors, with respect to the program, publications, or services provided
resuiting &um this grant coutract.
12.2 Endorsement. The Crrantee 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, govezns this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be iu the appropriate state or fedecal court with competent
jurisdiction in Ramsey Coimty, Minnesota.
24 Termina6on
14.1 Termination by the State 'Fhe State may cancel this �ant contraci at any time, with or withoui cause, upon 30
days' written notice to the Grantee. Upon tenuination, the Cnantee will be entitled to payment, determined on a
pro rata basis, for services satisfactority performed.
142 Terminetion forinsufficient Funding. Tfie State may immediately teimmate this grant contract if itdces not
obtain fianding fram the Minuesota I.egisIature, or other fimding source; or if funding cannot be continued aY a
level sufficie� to allow for the paymem of the services covered here. Termination must be by written or fax
notice to the Crrantee. The State is not obligated to pay for any services that are provided after notice and effecfive
A.itanate Eafm�ceme� 06/OS
Gr�c �I�o.`�l�-1os7
date of teimination_ However, the Grantee will be emitled to payment, detem�ined on a pro rata basis, for services
satisfactorily puformed to the extent that funds are available. The State will not be assessed any penalty if tfie
grarn contract is terminated because of the decision of the Minnesota Legislature, ar other fimding source, not to
appropriate fimds. The StaYe must provide the Crrantee notice of the lack of fimding within a reasonable trme of
the State receiving that notice.
14.3 Terminalion for Failure to Compty. The State may cance2 this grant contract immediately if the State finds
that there has been a failiue ta comply with the provisions of this grant, tbat reasonable progress has not been
made or that the ptapose for wkuch the fimds were gcanted have nat been or will not be fulfilled, the State may
take action to protect the interests of the State of Minnesota, includiag the refusal to disburse additional funds and
requirmg the repun of all or part of the fimds aiready disbursed.
15 Data Disctosure
Under Minn. Stat § 270C.65, and other applicable law, the Csrantee consents to disclosiue of its social secm
mimber, federal employer tac identification nwnher, and/or Minnesota tas identification number, already provided to
the State, to federat and state ta�c agencies �d state persoffiel im�olved in the payment of state obligations. These
identification n�beis may be used in the enforcement of federat and state ta�c laws wluch could result in action
re9iuring the Grantee to file state taac retums and pay delinquent state txc liabilities, if any, or pay other state
liabiliries.
1. ENCUMBRANCE VERIFICATION
Individual cerkfies that funds have beers encumbered as
required byMinn Stat §§ 16215 and76C.05.
Sigaed: �
Date: �� � /
GrnntContractNo. l���� �--- ----
2. GRANTEE
The Grantee certifies that the app>opriaie
have esecuted thegrmRCOntract on 6eFea7foftheCuantee as
required by appticable arlicles, by7aws, resolutions, or,ordiw
�' -
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Title: Chief of Police
Date:
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Title:
Date:
3. STATp •rvr�
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� (with det�) .
Title. s
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Disfnb¢tion:
DPS/FAS
Gtaofee
Sta2e's Authorized Representative
ANemate EnfotremeM Q6M8
. •
_�: MN Department of Public Safety
„�,�b Alcohol & Gambling Enforcement
Alternate Enforcement Grant Application
(Attachment A)
Date ofApplication_ April 23, 2008
Law Enforcemern Agency Name: St. Paul Police Department
Chief L.aw Enforcement Qfficer Name: Chief John M. IIarrington
Department Address: 367 Grove St. St. Paul, MN 55101
Department E-Mail address: dave schoen(a�ci.stpaul.mn.us
Law Enforcement Grant Applicant Name: Sgt. Dave Schoen - SPPD Vce Unit
Applicant Phone Number: 651-266-9065
Federal Employer ID #: 41-6005521
Number of sworn officers in department: 622
MN Tas ID #: 008025095
Anticipated dates when alternate enforcemem activities will he done:
Attachment A
Page 1 of 1
L� /Z�
We wouid begin w/ the start of the college school year usually the second week of September, 2008
Number of of�icers needed for enforcement activity: minimum of 4
Number of hours activity would be done (per officer): 20
In detail, describe the Akernate Enforcement Activity your agency would do?
(Attach additional page if necessary):
SPPD has a program to tazget college campuses & surrounding areas called 2AP (Zero Alcohoi Providers).
ZAP Officers respond to loud pazty calls, along w! patrol of the azea's laiown to be trouble spots for minors
consuming aicohol. This program specifically targets providers of the alcohol; additionally, minors consuming
alcohol are also arrested.
, . . . . Exl,ibica,�pge of2'
FEDERAL AUDR REQUIREMENTS
I. Por subreaaenis that are state or Iocal aovernments. non-orofit oraanizations. or Indian tribes
Ifthe grantee expendstotai federal assistance of $500,000 or more peryear, the grarrtee agreesto obtain
either a singie audit or a program-specific audit made for the fiscal year in accordance with the terms of
the Single Audit Act Amendments of 1996.
Audits shall be made annually unless the state or local govemment has, by January 1, 1987, a
constitutionai or statutory requirement for less frequsnt audits. For those govemments, the federal
cognizant agency shall permit biennial audits, covering both years, ifthe govemment so requests. ttshall
atso honor sequests for biennial audits by governments tfiat have an administrative poficy calling for audiLs
less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to
January 1, 1987.
For subreaoierris that are institutions of hiaher 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 compiiance audit made in accordance with OMB Circular A-110
°Requirements for Granis and Agreements with Universities, Hospilals and Other NonprofitOrgan¢ations"
as applicable. The audft shall cover eitherthe entire organization or all federal funds of the organization.
The audit must determine whether the subrecipient spent federal assistance funds in accordance with
appiicable laws and regulations.
2. The audit shall be made by an independent auditor. An independent auditor i� a� or laxl govemmerrt
auditor or a public accountantwho meets the independence standards speafied in ihe Generel Accourding
Office's "Standards for Audit of Govemmental Organv_ations, Programs, Activities, and Functions."
3. The audit report shall state that the audit was pertormed in accordance with the provisions of OMB Circular
A-133 (or A-110 as appiicabie).
The reporting requirements for aud'R reports shall be in accordance with the American tns5hrte of Ce�
Public Accounis' (AICPA) audR guide, "Audits of State and Locai Governmental Units,° issued in 1986.
The federai government has approved the use of the audd guide.
In addition to the audit report, the recipient shall provide comments on the findings and recommendations
in the report, including a plan for corrective action taken or pianned and comments on the status of
corrective 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 Legisiative Audi[or, the State Audi[or, and any independent
auditor designated bythe grantor shall have such access to grantee's records and finanaal statemerds as
may be necessary for the grentor io compty with the Single Audit Act Amendme�ts of 1996 and OMB
Circular A-133.
5. Grantees of federal financial assistance from subreapieMs are also required to compiy with the Single
Audit Act and OMB Circular A-133.
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
f10/(IS\
��
Exhibit B, p�qe 2 of 2
7. The grantee agreesto retain documentation to supportthe schedule of federel assistanceforatleastfour
years,
8. Required audit reoorts must be filed with the State Auditor's Office. Sinqie Audit Division, and with
federal and state aaencies orovidina federai assistance. and the Deoartmer�t of Public Safetv
within nine months of the araMee's £scal vear end,
OMB Circular A-133 requires recipierds of more than $SOQ000 in federal funds to submit one copy ofthe
audit report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 7 Oth Street
Jeffersonville, Indiana 47132
Attn: Singie Audit Clearinghouse
The Departrnent of Pubiic Safetyts audit report shouid be addressed to:
Minnesota Departrnent of Pubiic Safety
Office of Fiscal and Administrative Senrices
444 Cedar Street
Suite 126, Town Square
St Paul, MN 55101-5126
(30/OS)
c�� I ZZ/
City of Saint Paul
Interdepartrnental Memorandum
To: Mazgazet Kelly, Finance Director
From: Chris Eitemiller, Sr. Budget AnalysQ �
l
Subject: Police Budget Amendment to establish financing & spending plan for Underage
Drinking grants
Date: October 21, 2008
The two attached resolutions establish a financing and spending plan for federallaw enforcement grants.
These grants are from the Department of Justice via the MN Department of Public Safety. Each grant
would provide $2500, for a total increase of $5000 from an original budget of $2700.
These two grants provide funding for the Police department to enforce underage drinking laws and to
educate retailers and establishments regarding underage drinking laws. As each grant was awazded
sepazately, there aze two contracts to sign and approve, even though all funds will go toward the same
program.
Because this will amend the Police budget, this will require a public hearing. It will be on the CounciPs
agenda November 5` as the first and third meetings each month are the opportunities for budget
amendments.
This proposal seems reasonable, I recommend signing.
AA-ADA-EEO Employer