08-1240Council File # � � U
GreenSheet# 3a62275
RESOLUTION
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PAtlL, MINNESOTA
Presented
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WHEREAS, the Saint Paul Eazly Educarion Initiarive Is a pro�am wluch places a high priority on ensuring that all
cluldren aze prepazed for school and for life; and
WHEREAS, the Minnesota Early Leaming Foundarion (?vIELF) has partneced with the City to prepare young children
for Kindergarten through financial scholazships and home visits; and
WHEREAS, the Minnesota. Eazly Learning Foundarion has offered the City a grant in the amount of �97,000 to oversee
and support the implementarion of the Quality Raring System (Parent Awaze) and the Early Cluldhood Scholarship
Project; and
WHEREAS, the gcant ageeement requires that the City indemnify, hold harmless and defend MELF, its ofFicers,
representarives and employees from any and all claixns or causes of actioq including all attorneys' fees incurred by MELF,
arising from the perfom�ance of this grant by the Grantee or its agents or employees; now, therefore, be it
RESOLVED, that the City Council authorizes the proper city officials to enter into the grant agreement with MELF, which
includes a defense and indemnification clause.
Yeas Nays Absent
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Approved by Ci�ty
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Adoprion Certified by Council Secretary By:
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for Submission to Council
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DepartmenU�celCouncil: Date Initiated:
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MO-Mayor'sOffice � o�-NO�-0B Green Sheet NO: 3062275
I Contact Person & Phone: Department Sent7o Person initiallDate
i LisaC2riveau y o avor'sOfSce {--�— � I
266-8536 I 1 a or's OfSce De artme� birector
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RDUting 4 yor's Office Ms or/ASSistant
Doc.7yQe:RESOLUTIONW/g Otder 5 ouucil CityCouncil
TR4NSACTION 6 ' Clerk Cirv Clerk
E-Document Reqaired: Y
�ocument Contact:
ConYaM Phone:
ToWI # of Signature Pages _(Clip All Lxations for Signature)
Action Requested:
The Saint Pau1 City Council hereby authorize [hat ciry officials enter into an agreement with the Minnesota Eazly Leaming
Foundation to accept a grant for $97,000 to oversee and support implementation of the Quality Raring System (Parent Aware) and
Early Childhood Scholarship Projea.
Rewmmendations: Approve (A) or Rejecl (R): Personai Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this per5on/firtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a ciTy empbyee?
Yss No
3. Dces this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes an5wers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
Total Amount of $g� 000.00
Transaction: CasURevenue Butlgeted: Y
Funding Source: � r � r,o 3 0 j' g b��� Activity Number:
Financial Information: �� � 6 I�
(Explain)
November 3, 2008 11:22 AM Page 1
D�-12��D
Minnesota Early Learning Foundation
2233 University Avenue, Suite 424
St. Paul, Minnesota 55114
(651)287-9005
October 24, 2008
Mayor Christopher B. Coleman
City of Saint Paul
390 City Hall
15 West Kellogg Boulevazd
Saint Paul, MN 55102
Dear Mayor Coleman:
The Minnesota Early Leaming Foundation is pleased to offer funding for a second year to
the City of Saint Paul for support and expansion of the Early Education Initiatives for
continued city-wide implementation of Parent Aware, coordinauon and oversight of the
Saint Paul Early Childhood Scholarship pilot and collaborating with other community
and City programs focused on school readiness.
Project TiUe:
Program Contact:
Project Period:
Award Amount:
Saint Paul Early Education Initiative
Vallay Varro, Education Director, 651-266-8516,
vallay. varro @ ci. stpaul.mn.us
October 1, 2008 — September 3Q 2009
$97,000
Payments:
Award will be paid through one payment of $97,000 upon execution of the grant. Funds
not expended during the project period shall be returned to MELF unless allowed to be
carried forward by amendment of this grant.
Deliverables:
The grantee will continue to provide the services and activities that commenced as a
result of the award letter dated September 13, 2007 and in accordance with the activities
proposed in the grant continuation application dated September 12, 2008. The grantee
will also fully participate in any evaluation activities required by MELF or its agents. The
grantee shall submit the following reports:
Interim Progress and Financial Status Report on August 31, 2009
Yeaz Three Continuation Proposal and Budget on August 31, 2009
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Cancellation:
This grant may be canceled or temunated by MELF at any time, with or without cause,
upon thirty (30) days written notice to the Grantee. Notice of cancellation or termination
shall by made by written or fas notice sent to the Grantee. Notice is deemed effecfive
upon delivery to the Grantee at its registered address for service. In the event of
cancellation or ternunauon, the Grantee will be entitled to payment, deternrined on a pro
rata basis, for work or service satisfactorily performed to date and will have a
corresponding duty and liability to reimburse MEI,F for payment already received for
services not yet provided as of the date of cancellation.
MELF inay also immediately terminate this grant contract if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. Termination
will be by written or fax notice to the Crrantee. MELF is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the
Grantee will be entifled to payment, determined on a pro rata basis, for services
satisfactorily performed to the extent that funds are available. MELF will not be assessed
any penalty if the grant contract is ternunated because of the decision of the MELF
funders, or other funding source, not to appropriate funds. MELF must provide the
Grantee notice of the lack of funding within a reasonable time of MELF's receiving that
notice.
Continuation Funding:
Continuation funding for additional years is contingent on satisfactory progress of the
grantee and on levels of funds raised by MELF to support granfs, related projects and
evaluations through 20ll.
Liability:
The Grantee shall be responsible for its own acts to the extent provided by law and agrees
to indemnify, hold harmless and defend MELF, its officers, representatives and
employees from any and all claims or causes of action, including all attorney's fees
incurred by MELF, arising from the performance of this grant by the Grantee or its agents
ar employees. This clause shall not be construed to bar any legal remedies the Grantee
may have for MELF's failure to fulfill its obligations pursuant to this grant contract.
Publicity:
Any publicity given to the program, publications, or services provided resulting from this
contract, including, but not limited to, noUces, informational pamphlets, press releases,
research, reports, signs, and similaz public notices prepared by or for the Grantee or its
employees individually or jointly with others, or any subcontractors shall identify MELF
as the sponsoring agency and shall be shared with MELF's authorized representative.
Ownership of Materials and Intellectual Property Rights:
MELF shall own all rights, title and interest in alI of the materials conceived or created
by the Grantee, ar its employees or subcontractors, either individually or jointly with
others and which azise out of the performance of this contract, created and paid for under
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this contract, including any reports, studies, designs, drawings, specifications, notes,
documents, software and documentation, computer based training modules,
electronically, magnetically or digitally recorded material, and other work in whatever
form (hereinafter MATERIAI,S). The Crrantee hereby assigns to MELF all rights, titie
and interest to the MATERIALS. The Grantee shall, upon request of MELF, execute all
papers and perform all other acts necessary to assist MELF to obtain and register
copyrights, patents or other forms of protection provided by law for the MATERIALS.
The MATERIALS created under this contract by the Grantee, its employees or
subcontractors, individually or jointly wit1� others, shall be considered "works made for
hire" as defined by the United States Copyright Act. All of the MATERLSLS, whether in
paper, electrorric, or other form, shall be remitted to MELF by the Grantee, its employees
and any subcontractors, and the Grantee sha11 not copy, reproduce, ailow or cause to have
the MATERIALS copied, reproduced or used for any purpose other than performance of
the Grantee's obligafions under this contract without the prior written consent of MELF's
authorized representative.
Assignment:
Grantee shall neither assign nor transfer any rights or obligations under this contract
without ihe prior written consent of MELF.
Entire Agreement:
This document contains the entire Agreement of the parties, and neither party shall be
bound by any statement or representation not contained herein. No waiver will be
deemed to have been made by a�y of the parties unless expressed in wri6ng and signed
by the waiving party. The parties expressly agree that they will not assert in any action
relating to this Agreement that any implied waiver occurred between the parties that is
not expressed in writing. The failure of any party to insist in any one or more instances
upon strict performance of any of the terms or provisions of the Agreement, or to exercise
an option or election under the Agreement, shall not be construed as a waiver or
relinqulshment for the future of such terms, provisions, option or election, but the same
shall continue in full force and effect, and no waiver by any party of any one or more of
its rights or remedies under the Agreement shall be deemed to be a waiver of any prior or
subsequent rights or remedy under the Agreement or at law.
Severability:
Tf any provision of this Agreement is determined by a court of competent jurisdiction to
be illegal, invalid or unenforceable, the remaining provisions shall remain in full force
and effect.
Survival of Terms: Termination of this Agreement shall not discharge any liability,
responsibility or right of any party that arises from the performance of or failure to
adequately perform the terms of this Agreement prior to the effective date of termination.
Nor shall temvnation discharge any obligation which by its nature would survive after
the date of termination, including: Assignment; Liability; Publicity; and Ownership of
Materials and Intellectual Property Rights.
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Amendment:
Any amendments to this grant contract shall be in writing, and shall be executed by the
same parties who executed the orib nal a ant contract, or their successors in office.
Please indicate your agreement with the above terms and conditions. This agreement
shall not be valid until fully executed by a11 par[ies.
Dated: , 2008 Minnesota Early Learning
Foundation
By: Duane Benson
Chief Executive Officer
Dated: , 2008 . City of Saint Paul
Signature
Name:
Titie:
Signature
Name:
Title:
Signature
Name:
Title:
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