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08-689Council File # Presented By: Green Sheet # OS - �X9 305441-1- �� 1 WHEREAS, the City of Saint Paul, Police Department, has received a Juvenile Accountabiliry Block Grant 2 from the State of Minnesota; and 3 4 WHEREAS, this grant provides funding to improve the juvenile system; and 5 6 THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter intc 7 and Chief John Harrington to implement the attached agreement, which includes an indemnification clause. A 8 copy of said agreement is to be kept on file and on record in the Office of Financial Services. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF S�1INT PAUL, MINNESOTA 29 30 ✓ Absent Requested by Department of: � ✓ Adopted by Council: Date: Adopfion C�er b Council Secretary: BY� ,fl /ODi/il /liiLiSiJir Approved by y r: ate: �/ �/b� By: Approval Recommend d by Financial Services: By: � ��-1'' � Approv by or for u issi to Cvuncil: By: Q.\FiscalAffairsWO&CR�2008WABG7 1 08thm6 30 08cr.xls � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b�'log� Pp — PoliceDepa�ent Contact Person & Phone: John Harrington 266-5588 Must Be on Council Aaen Doc. Type: RESOLUTION E-Document Required: Y DocumentContact: EvetteScarver ContaM Phone: 266-5541 �-�.Y_o8 I Green Sheet NO: 3054411 � uepartment SeMTOPefson 0 oliceDe ar�ent PoliceDe arfinent Asslgn 1 oliceDe ar�ent PoliceDe artment Number For Z � Attome Ci Attome RoUting 3 _" ancisl Services Financiat Services Order 4 or's Of6ce Ma or 5 ouncil Couacil 6 ' Cierk Ci Clerk � olice De artment Police De artment Total # of Signature Pages �_ (Clip All Locations for Slgnature) �_� Si�atures on the attached council resolufion authorizing the City of Saint Paul, Police Department, to enter into the attached gant agreement with the State of Minnesota. itlations: Approve (A) or P Planning Commission CIB Committee Civil Service Commission 1. Has this person/firtn ever worked under a contract for this departmenY? Yes No 2. Has this person/firtn ever been a ciry employee? Yes No 3. Does this person(firm possess a skill not normally possessed by any current ary employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Pro6lem, lssues, Opportuttity (Who, What, When, Where, Wfiy): Authorizafion is needed to enter into a grant agreement for the Juvenile Accountability Block Grant (JABG). Advantages If Approved: The JABG provides funding to reduce juvenile crime, improve the juvenile system, and increase the accountability for juvenile offenders. DisadvaMages If Approved: None. DisadvanWges If Not Approved: Inability to use grant funds available to address juvenile crime. Transaction: $24,238.00 Funding source: State of Minnesota Financia l Information: (Explain) CosURevenue Budgeted: Activity TYumber: 34067 �...-.. �� �nno nn.00 nnn n...... n� STATE OF NIINIVESOTA � � �C�� GRANT CONTRACT This grant contract is beriveen the State ofMinnesota, acting through its Commissioner of Public Safetv. Office of 7ustice Programs. 444 Cedaz Street. Suite 100. St. Paul. MN 55101-5100 ("State") and Citv of St Paul. Police Deoartrnent 367 Grove Street St PauL Minnesota 55106-2416 ("Grantee"). Recitals 1 Under Minn. Stat. & 299A.01, Subd 2(41, the State is empowered to enter into this grant contract. 2 Federal funds for this grant contract are provided from 42 U.S.C. 3796ee (0J7DP-JABG) for the purpose of promoting geater accountability in the juvenile justice system. 3 The State is in need of projects that will unprove juvenile justice system infrastructure and operafions. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant conh�act to the satisfaction of the State. 1 Term of Grant Contract Grant Contract 1.1 Effective date. 7ulv 1, 20Q8, 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 43 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration dnte. June 30, 2009, or until all obligations have been satisfactorily fulfilled, whichever occuzs first. 13 Survival of Ternzs. The following clauses survive the expiration or cancellation of this grant contract: 8. LiabiliTy; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming 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 duties 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 contraot and aze on file with the State and located at 444 Cedaz Street, Suite 100, St. Paul, Minnesota. Grantee shall also comply with all program standards, which are incorporated by reference into this grant contract. 2.2 Reporting Reqa�irements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual, which is incarporated by reference into this grant contract. (1) Financial Repnrting. Grantee shall submit a fmancial reporting form to the State ntilizing 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) Special Requirements. 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 wil] notify the Grantee in writing of any special administrafive requirements. Time The Grantee must comply with all the fime requirements descrbed in this grant contract. In the performance of this grant contract, time is of the essence. JABG (OS/08) Juvenile Accountablity Block Grant 09 OJP Grant Number 2009-JABG-OOOD7 Considerafion and Payment � � �� � 4.1 Considerafinn_ The State will pay for all services performed by the Grantee under this gant con�act as follows: (1) Compensation. The Crrantee will be reSmbursed an aznount not to exceed $24,238.00 according to the breakdown of costs contained in E�ibit A, which is attached and incorporated into this gant contract. T'he Grantee will submit any revisions to E�ibit A as descnbed in Secfion 4.2 (2) of ttus grant contract and the revised budget musYbe approved by the State's Authorized Representative before any expenditures may be made based on the revised budget. (2) Travel Ez7�enses. Reunbursement 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 travel is out of state. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $2.693.00. (4) Total Oblzgation. The total oblfgation ofthe State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $24238.00. 4.2 Fiscal Requirements. Grantee shail report to the State as specified in the Office of 7ustice Programs' Grant Manual. (1) Financial Gzeidelines. Grantee shall comply with all policies, procedures, and provisions applicable to the source of funding. Grantee shall comply with the current Office of Justice Programs' Grant Manual. No funds will be disbursed for activities not identified in the goals and objecfives or work plan submitted on the grant application forms prescribed by the State. No funds will be disbursed for acUvities that do not meet the federal requirements of the funding source. (2) Budget 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) Claseout. Grantee shall have unti130 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 financial records for a minimum of six (6) years after the date of submission of the fmal financial status report, or unril completion of an audit which has commenced before the expiration of this six-year 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 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 c�uarterlv, but not more often than monthlv, and within 30 davs of the period covered bv the invoice for services satisfactoril�nerformed. Expenditures for each state fiscal year ofthis grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on 3une 30. The fmal invoice uertainin2 to each state fiscal vear of this erant contract must be received bv 7ulv 31 of that calendar veaz. Reimbursements from the next state fiscal year(s) mav commence on or after 7uly 1 of that calendar veaz. The final invoice must be received no later than 30 davs after the Expiration date of this �ant contract. 4.4 Federal requirements. (Where applicable, if blank this sec6on does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA 16.523. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full JABG (OS/O8) JuVenile AccounhbiliTy Block Gtant 09 OJP Grant Number 2009-JABG-00007 as- �s� fmancial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. The Grantee assures that matching funds required to pay the non-Federa] portion of the cost of each pxogram and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for these activities by the recipients of the grant funds. The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circulaz A-133. An explanation of the Federal Audit Requirements is attached and incorporated and made a part of this grant contract. See Exh�it B. The Grantee agrees to comply with all Juvenile AccountabiliTy Incentive Block Grants (JABG) program requirements as outlined in the JABG Program Guidance Manual, Version 3.0 �September 2000) or future JABG Program Guidance Manuals, and JABG program regulations (28 CFR., Part 31). The Grantee agrees to comply with the financial and administrative requuements set forth in the current edition of the federal Office of Jusfice Programs' Financial Guide. The Grantee understands and agrees that it cannot use any federal funds, either directly or ind'uectly, in support of the enactrnent, repeal, modification, or adoption of any law, regulation, or policy, at any level of govemment, without the express prior written approval of the federal Office of Justice Programs. Any written, visual, or audio publications, with the exceprion of press releases, whether published at the Grantee's or State's expense, shall contain the following statement: "This project was supported by Grant Nos. 2007-JB-FX-0037 awazded by the the Office of Juvenile Justice and Delinquency Prevention. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Jusfice Assistance, Bureau of Justice Statistics, the National Institute of Justice, , and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Deparhnent of 7ustice." This grant contract is subject to all applicable federal and state statutes and regularions, including, but not limited to the following: I) 28 CFR Part 69, Plew Restrictions on Lobbying, and 28 CFR Part 67, Government-Wide Debarment and Suspension and Government-Wide Requirements for Drug-Free Workplace through the submission of a certification form committing the Grantee to compliance. 2) 28 CFR 42.302 et.seq. through the submission of a certification form regarding the Grantee's Equal OpportuniTy Employment Plan compliance. The Grantee will provide an Equal Employment Opportunity Plan if required to maintain one, where the application is for $500,000 or more. 3) 28 CFR Part 46 and all federal Office of 7ustice Programs policies and procedures regarding the protection of human reseazch subjects. 4) 42 USC Section 3789g and 28 CFR Part 22 that are applicable to collecfion, use, and revelation of data or information. Grantee further agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particular, section 22.23. 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 Representafive 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 Authori2ed Representafive The State's Authorized Representative is Steven P. Peterson. Youth Programs Specialist Senior Bremer Tower Suite 2300, 445 Minnesota Street, St. Paul. MN 55101, �651, 201-7339, or his/her successor, and has the responsibility to 7ABG (OS/08j Juvenile AccountabiliTy Block Grant 09 � 3 OJP Grant Number 2009-JABG-00007 08 � �8� monitor the Grantee's performance and the authority to accept the sentices provided under this grant cons�act. If the services aze satisfactory, the State's Authorized Representative will cerlify acceptance on each invoice submitted for payment The Grantee's Authorized Representative is Pau] Iovino, Commander, St Paul Police Denarhnent, 367 Grove Street St Paul, Minnesota 55101. (651126b-5516. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grautee may neither assigi nor transfer any ri�ts 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 until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 93 Waiver. 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. Th3s grant contract contains all negotiations and ageements between the State and the Crrantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either PaT�3'• 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 baz 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 minimum of siY yeazs from the end of this grant coniract. 10 Government Data PracHces The Grantee and State must comply with the Minnesota Government 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 gant 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. If the 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 concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Carantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Crrantee'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 of these employees aze in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 PuElicity. Any publiciTy regarding the subj ect matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, �nsG (osios) Juvenile AccountabiliTy Block Grsn[ 09 07P Grant Number 2009-JABG-00007 W � UiZJ� reseazch, reports, sigis, and similaz public notices prepared by or for the Grantee individually or jointly wlth othets, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 122 Endorsement The Grantee musf not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Miunesota law, without regard to its choice-of-law provisions, govems this grant conh�act. Venue for all legal proceedings out of this � contract, or its breach, must be in the appropriate state or federal court with competent jurisdicrion in Ramsey County, Minnesota 14 Termination 14.1 Terminaiion by the Sfate. The State may cancel this gant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon terminarion, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Terminatian by the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Agent. Upon termination the Crrazitee is enritled to payment for services actually performed and agrees to return any unused funds to the State. 143 Termination for Insa fficient Fun�ling. The State may unmediately 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 wratten or faz norice 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 enritled 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 o£the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee nofice 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 tas identification number, andJor Minnesota taY idenrification munber, already provided to the State, to federal and state tas agencies and state personnel involved in the payment of state obligations. These idenrification numbers may be used in the enforcement of federal and state taz laws which could result in action requiring the Grantee to file state taY returns and pay delinquent state ta:c liabilifies, if any, or pay other state liabili5es. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. JABG (OS/OS) . Juvenile Accountability Block Grant 09 OJP Grant Number 2009-JABG-00007 0 1. ENCUMBRANCE VERIFICATION Individua! certifzes that funds hme been encumbered as reguired by Minn. Stat §'§' 16A.15 and 16C.05. Si�ed: DaTe: � GrantContractNo.: 2009-JAS�O 07 300-2R09 2. GRANTEE The Grantee certifies that the appropriate person(s) have esecuted the grant contract on behalf of the Grantee ar reguired by applicable articles, by(aws, resolurions, or ordinances. By: Title: Date: By: Tifle: Date: By: Tlt] Date 3.STATEAGENCY By: Title: Date: I �• �" Distribution. Agency Grantee State's Authorized Reprwentative JABG (OS/08) Juvenile AccouNabiliry Block Grant 09 � 6 OJP Grant Number 2009-JABG-00007 � / i �.� � . ,�` °F'�o g � c� �? � m �9 tP �OF � OFFICE OF JUSTICE PROGRAMS Grantee: St Paul Police Department Grant Number: 2009-JABG-00007 Program Componenf: ALL PROGRAM COMPONENTS EXHIBIT A is �i 3} 3 � x : � Budget Category Award Match Personnel $20,647.00 $2,294.00 Payroll Taxes & Fringe $3,591.0� $399.00 TOTAL $24,238.00 $2,693.00 n0 ��g� Exhibit B, page 1 ofi 2 UO FEDERAL AUDIT REQUIREMENTS 1. For subreci�ients that are state or local oovernments non-orofit oroanizations or Indian tribes If the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain either a single audit or a program-spec�c audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shal4 be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall perm it biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrat+ve policy calling far audits less frequent than annual, but only audits prior to 1987 or administrative policies in place priorto January 1, 1987. For subrecioients 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 financiaf and compliance audit made in accordance with OMB CircularA-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or loca� government auditor or a public accountant who meets the independence standards specified in the General Accounting O�ce's �Standards for Audit of Governmental Organizations, Programs, Activities, and Functions.° 3. The audit repoct shall state that the audit was performed in accordance with the provisions ofi OMB Circular A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit 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 planned and comments on the status of corrective action taken on priorfindings. 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 Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessaryfor the grantor to complywith the Single AuditAct Amendments of 1996 and OMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circular A-133. poios) �� �j /ri Exhibit B, page 2 of 2 � b "J 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Required audit reaorts must be filed with the State AuditoPs Office Sinqle Audit Division and with federal and state aaencies orovidina federal assistance and the Denartment of Public Safetv within nine months of the qrantee's fiscal vear end OMB Circu(ar A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central c{earinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Department of P�blic Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 (taas� �i !: j Todd GS #: 3054411 The attached resolution would authorize the police department to enter into a grant agreement with the State of MN. This grant tazgets juvenile crime and the juvenile justice system. The grant period is 7/1/08 to 6/30/09. The total of the grant awazd is $24,238 and would require $2,693 in match. In the future, we will need a public hearing to amend the police budget but for this action, no public hearing is needed. This proposal seems reasonable and I recommend signing. Chris �� 6/19/08