Loading...
08-181Council File # U� �g 1 Green Sheet # 3049342 RESOLUTION CITY OF SAIlVT PAUL, MINNESOTA — In i� _L / Presented By: Referred To: Committee:Date: 1 BE IT kESOLVED, that the city council authorizes the City of Saint Paul, Police Department, to enter into 2 that attached agreement with the State of Minnesota, which includes an indemnification clause. A copy of said 3 agreement is to be kept on file and on record in the Office of Financial Seroices. 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Yeas Nays Absent Requested by Department of: 6ost�om f / Carter �/ Harris ,/ Helgen / Lantry !/ Stark �/ 7flune �/ Adopted by Council: Date: Adopfion C�ert'fied�' Council Secretary: BY� l/111,�1/.1.✓� i%�G7r�a Approved by � J r: ate: �/"7'�U � sy: ---���� `� by Financial Services: Q:\FiscalAffavs\GRANTS\GSF2008$240000 xls � Green Sheet Green Sheet Green Sheet Green Sh�t Green Sheet Green Sheet � �S �l�/ ; �eaarimeriUoff',celcounca: '; Date mniatetl: , P�-" -Police DeperUnen[ ; 30-,IANAS Green Sheet NO; 3049392 , CoM�ct Person & Phone: � ' Deoartment SenY To Person � InitiaUDate �� ChiefJohnHartington y � p PdiceDeoarmient ' Po]iceD epartment � 266-5588 ; quiyR 1 �PoliceDeoartss�ent PWice Deparm�ent — ----- � Must Be on Couneil Agenda by (Oate): � Number � �' � � For � Z �1tyAt[orney � CitvAtWrnev J _/ ` Routing ; 3 �inancial Services D'vectox FSO ' � � �oc. Type: RESOLUTION � Order i Q, — -�-__ --- � , 4 or's Office � �°i ____ _�_ ' i � i � � —� 5 ',Council I Cooncil E-DOCUmentRequiretl: Y i i _ � � -� Document Contact: Evette Scarvere I i 6 Yy Clerk ' City Clerk __ , i ' - j ContactPhone: 266-5541 � I 1 '�oliceDenanmeM PoliceDeoar4nent _ ; ToWI #..of Signature Pages __�__ (Clip All Locations for Signffiure) Signatwes on the attached council resolulion authorizing the Ciry of Saint Paul, Police Department, to enter into the attached agreement with the State of Minnesota. ' �aanons: app�ove (A) or Planning Commission CIB Committee Cim{ Serv�ce Commiss�on 1. Has Mis persoNfirm ever worked under a contract for this department� Yes NO 2. Has this person/firm ever been a c�ty employee? Yes No 3. Dces this personlf�rtn possess a skill not nortnally possessed by any current ciry empbyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Inftiatipg Problem, Issues, Opportunity (Whq What, When, Where, Why): � AuthorizariQn is needed to entex into a gcant agceement with the State of Minnesota for the Gang Strike Force. AdJantages If Appraved: � � � -� i— . Grant fit�ding for the Saint Paul Police Department's parti�ipation in the statewide Gang Shike Force. � t _ ---- ------- � i Dfsadvantages If Approvetl: _—_ _. -- ____—___._ ._ _ _ _ _ __ _._ _ _ _. _ _.___ ____ _—; i ! None. �� i I � Disadvantages If Not Approved: ` �� Lost of Gang Strike Foice grant funding. I � FEB 0 �7 2008 � T �� � ' Total Amount of CosURevenue Bud etetl: T �� °°'" "�✓� A1 V C� � , , 7ransaction: $240,000.00 g fuoai�9 sou.ce: State of Minnesota � Fi�ancial infortnation: � (Explain) January 30, 2008 11:09 AM Activity Number: Page 1 STATE OF MINNESOTA Qg �� �' GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Pro�rams, 444 Cedar Street, Suite I00, St. Paut Minnesota 55101-5 I00 ("State"} and Citv of St Pau1, Police De�utmenf. 367 Grove Street. St Paul, Minnesota. 55106-241b ("Crrantee"). RecitaLs i Under Minn. Stat. & 299A_Ol. Subd 2�, the State is empowered to enter into this grant contract. 2 Stafe funds for this gant contract aze provided in Laws of Minnesota 2007, Chapter 54, Article 1, Section 10, Subdivision 6 for the_pucpose of funding the combined operations of the Criminal Gang Strike Force and Narcotics Task Forces. The SYate is respoasihle uader Minn. StaY. § 299A.641 for adminislration of funds for the organization and operation of the Gang and Drug Oversight Council {Council) and the combined operarions of the Criminal Gang Strike Force and Nazcotics Task Force. 3 The State is in need of services that fulfill this purpose. 4 The Grantee represents that it is duIy qualified and agrees to petform alI services described in this grant confiact to the satisfaction of the State. 1 Term of Grant Contract Grant Contract 1.1 Bffective date. 7anuary I, 2008, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.QS, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditures incuned pursuant to Clause 43 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of tbis grant contract. 1.2 Expiration date. December 31, 2008, or until al] obligations hava been satisfactorily fulfilled, whichever occurs fust. 13 Survival ofTerms. The following clauses survive the expiration or cancellation ofthis grant contract: 8. LiabiIity; 9. State Audits; 10. Government Data Practices; 12. Publi6ity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and I5. Data Disclosure. 2 Grantee's Duties 2.1 Activi$es. The Grantee, who is not a state employee, will perform all of the duties and tasks specified in the applicable Request for Proposal and the Grantee's grant apptication for this program, which are incorporated by reference into Yhis grant contract and are on file with Yhe StaYe and located at 444 Cedar Street, 5uite 100, St. Paul, Minnesota. Grantee shall also comply with all program standards, which are hereby incorporated by reference into this grant contract and made a part of this grant coniract. Grantea will sign a joint powers agreement that addresses common issues including but not limited to: purpose, scope of work, work location, command structure, terms of parficipation, and use of forfeited assefs. 2.2 Reporting Aer�zeirements. Grantee shall report to the State as specif ed in the Office of Jusfice Programs' Grant Manual, which is hereby incorporated by reference into this gant contract and made a part of this gant contract. (1) Financia! Reponing. Crrantee shall submit a financial reporting form to the State utilizing the format identified by the State within 30 days after the end of the reportittg period. (2) Progress Reportdng. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progess achieved towards Yhe accomptishment 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) Ret�uirement Changes. State may modify or chaage all reporting forms at their discretiott during the grant period. Metro Gang Strike Fwce Nondtafe (12/D7) Meko Gang Strike Force OS OJP Grant Number ZOOR-MGSF-00551 ����0/ {6) ,Specialltequirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requuements deemed necessary to assure the Grantee's successful implementation of the program. The State will notify the Grantee in writing of any special administrafive requirements. 3 Time The Grantee must comply with all the time requueinents descn'bed in this grant contract. In the performance of this grant contract, time is of the essence. 4 Considerafion and Payment � 4.1 Consideration. The State will pay for a11 services performed by the Grantee under this gant contract as follows: (I) Compensation. The Grantee will be reimbursed an amount not to exceed $240,000.00. �according to the breakdown of costs contained in E�bit A, which is attached and incorporated into this grant contract. The ' Grantee will submit any revisions to E�ibit A as descn'bed in Section 4,2 (2) of this grant contract and the revised budget must be approved by the State's Authorized itepresentative before any expenditures may be made based on the revised budget. (2) Travel Expenses. Reimbursement for iravei and subsistence expenses actuaily 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 Relaflons 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 travel is out of state. (3) Total Obligatzon. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $240.000.00. $120,000.00 is available from January 1, 2008 through December 31, 2008. $120,000.00 is available from July 1, 2008 through December 31, 2008, 4.2 Fiscal Reqcrirements. Grantee shall xeport to the State as specified in the Office of Jusfice Programs' Grant Manual. (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to ea6h source of funding received. Grantee shall comply with the current Office of Justice Programs' Grant Manua1. No funds will be disbursed for activities not ident�ed in the goals and objectives or work plan submitted on the grant application forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. (2) Biarlget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representative 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 until 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 disailowed 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 expirafion of this siz-yeaz period, or until any audit fmdings and/or recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 43 Payment � Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually perfomned and the State's Authorized Representafive accepts the invoiced services. Invoices must be submitted tunely and according to the following schedule: Itemized invoices will be filed in arrears at least quarterlv, but not more often than monthlv, and within 30 davs of the period covered bv the invoice for services Metro Gang Stnke Force Non-state (12/07) � Meho Gang Stnke Force 08 � OIP GrantNumber 2008-MGSf-00551 satisfactorilyperforsned. Dg-!gI pertainine to the second state fiscal yeaz of this ¢rant contract must be received within 30 davs after the Expiration date of this erant wntract. Exnenditures for each state fiscalyeaz of this grant contract must be for services nerformed within the aoqlicable state fiscal yeaz Everv state fiscal veaz be¢ins on Julv 1 and ends on June 30. 4.4 Federal `re2uirements. (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 requirements imposed on these funds and accepts full fmancial zesponsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 CondiHons of Payment All services provided by the Grantee under tbis grant contract must be performed to the State's satisfaction, as determined at the sole discrefion of the State's Authorized Representative and in accordance with all appiicable federal, state, and local laws, ordinances, ruies, 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 Representative is Sue Perkins Crrants S�ecialist Coordinator Departrnent of Public Safetv Office of 7ustice Proarams 7usrice and Communitv Cttants 444 Cedar Street Suite 100 St Paul Minnesota 55101 (6511201-7338, or his/her successor, and has the responsibllity to monitor the Grantee's performance and the authority to accept the services provided under this grant coniract. If the services aze satisfactory, the State's Authorized Representative will certify acceptance on eacl� invoice submitted £or payment. The Crrantee's Authorized Representative is John m Harrin2ton Chief of Police St Paul Police Department. 367 Grove Street St Paul. Minnesota 55101, (651 266-5588. If the Grantee's Authorized Representative changes at any time during this gant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete Z i 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 Ageement, executed and approved by the sazne parties who executed and approved this gant contract, or their successors in o�ce. 7.2 Amendments. Any amendment 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 executed and approved the original grant contract, or their successorsin office. 73 Waiven If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract 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 P�Y• 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 9ncurred 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 conshued to baz any legal remedies the Crrantee may have for the State's failure to fulfill its obligations under this grant contract. Meho Gang Shilce Force Non-state (12/07) Metro Gang Str�7ceForce OS OJP Grant Number 2008-M6SF-00551 State Audits frd Under Minn. Stat § 16C.05, subd. 5, the Grantee's books, records, documeuts, and accounting procedures and practices relevant to this gant contract are subjeet to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Govemment Data Pracfices � 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 Crantee 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 Cnantee or the State. If the Grantee receives a request to release the data refened to in this Clause, the Grantee must immediately notify the State. The State will give the Cnantee instructions conceming the release of the dafa to tfie requesting garty before the data is released. 11 Workers' Compensation Tlie Giantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation inswance coverage. The Grantee's empioyees 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 of these employees aze in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and mustnot be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similaz pubiic 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 T'he Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdicfion, and Venue Minnesota law, without regard to its choice-of-law provisions, govems this grant 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, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant 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 sarisfactorily performed. 14.2 Termination by the Grantee. The Grantee may request termination upon 30 day's notice 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 Insufficfent 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 fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effecrive 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 are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislahue, or other funding source, not to appropriate funds. The State must provide the Grantee notice ofthe lack of funding within a reasonable time of the State receiving that notice. Meho Gang Stn�ke Force Non-shte (12/07) Meho Gang Strike Force 08 OJP Grant Number 2008-MGSF-00�5 ( 15 Data Disclosure c��ISI . Under Minn. Stat. § 270C.65, and other applicable law, the Cnantee consents to disclosure of its social security number, federal employer taac identification number, and/or Mianesota ta�c identificafion number, already provided to the State, to federal and state tax agencies and state persoanel involved in the.payment of sYate obligations. Ti�ese identification numbeis may be used in the enforcement of federal and state tas laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state taY liabiliries, if any, or pay other state liabiliries. 1. ENCUMBRANCE VERIFICATION � ' Individual ceHifies thatfunds have been encumbered as reguired by Minn. Stat. �§ 16�6C.05. / Signed: ,` �' Date: Grant ContractNo.: 2008-MGSF-00551/5300-2682 i�i 2. GRANTEE The Grantee cerlif:es that the appropriate p have executed the grant contract on beha f i reguired by applicable articles, bylarvs, ru� By: j i . Titie: Chief of Police Date: / By: � Title: �tv Attorne� Date: _ / By: l Title: Direct�or F Date: V By: Title: Director, Human Date: ! By: Title:Mayor Date: i 0 2ntee as or ordinnnces. '3. STATE AGENCY By: Title: Date: ` t � �with delegated authoriTy) � `� Distribution: Ag �� . Grantee State's Authorized Aepresentative hts Meho Gang Shilce Force Non-state (12/07) Metro Gang Smke Force-08 OJP Grant Number 2008-MGSF-00551 EXHiBiT A - v� -��1 QP��ytUFPLp`C� . P � � w �J, SQ �OFL4�� OFFICE OF JUSTICE PROGRAMS Grantee: St Paul Police Department Grant Number: 2008-MGSF-00551 Program Component: ALL PROGRAM COMPONENTS �x. �� � � Budget Category Award Personnel $240,Q00.00 TOTAL $240,0OO.OD