08-746Council File #
Green Sheet #
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3055483
RESOLUTION
C TY OF S T PAUL, MINNESOTA � v
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Presented By:
1 BE IT RESOLVED, that city council authorizes the City of Saint Paul, Police Deparhnent, to enter into the
2 attached amendment to agreement #02-14727-G with the State of Minnesota, which includes an
3 indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of Financial
4 Services.
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Yeas
Stark
Thune
Adopted by Council: Date:
Adoption Certified by Co� cil Secretary:
BY� ��//�1�/_�>i�cSa�
Approved by M D te: ���/U�
B
Requested by Department of:
BY� � �
For roved by
B /
Approval Recommen
B �tyo�..7
Attorney:
Financial Services:
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Approve y a r for 'on t ouncil:
By:
Q:\FiscalAffairs W O&CR\CRSTAND.xIs
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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PD — PoliceDepamnent
ConFec[ Person & Phone:
Chief John Harring[on
2665588
Mus[ Be on Council Auen
Doc. Type: RESOLUTION
E-Document Required: Y
Documeni Contact: Evette Scarver
if'71f1f1�G�F:3
■�►
Assign
Number
For
Routing
Order
_ ConWCtPhone: 266-5541 I I
Total # of Signature Pages _(Clip All Lxations for Signffiure)
Green Sheet NO: 3055483
0 �oliceDepazYU�ent I PdiceDeparimen[ �
1 oliceDe az�eut I PoliceDe utment
2 'Gity Attorcev City Attorner I___�
3 yor's Office i Mavor
4 �Council { Countil
5 i Clerk .Ci C7erk
6 Wice Ue artment Police De arhnent
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached
amendment to agreement #02-14727-G with the State of Minnesota.
�aanons: qpprove �A� or rt
Planning Commission
CIB Gommittee
Civil Service Commission
t. Has this person/firm ever worketl under a contract for this department?
Yes No
2. Has this perso�rm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessetl try any
current city employee?
Yes No
Ezplain all yes answers on separate sheet and attach to green sheei
InNiating Problem, Issues, Opportunity (Who, What, When, Where, WNy):
Authorization is needed to enter into the a[tached amendment to agreement �{02-1472�-G with the State of Minnesota for the Gang
Strike Force.
Advantages If Approved:
Additional grant funding for the Saint Paul Police Department's participation in the statewide Gang Strike Force.
DisativanWges If Apprdved:
None.
Disadvantages If Not Approvetl:
Lost of additional grant funds for the Saint Paul Police DepartmenYs participafion in fhe s[atewide Gang Strike Force.
� Trensaction: $3QO,OOQ.00
Fundiny source: State of Minnesota
Financial lnformation:
(EUplain)
Activiry Number.
.lUN 2 � 200$
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CosURevenue Budgeted:
June 12, 2Q08 11;29 AM Page 1
AMENDMENT NO. 1 TO GI2ANT CONTRACT 2008-MGSF-00551/b300-2682 �j �, I�
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Original Contract Effective date:
Original Contract Expirarion date:
Amended Contract Expirafion date:
Januarv 1. 2008
December 31. 2008
NJA
Original Comract Amount: $240,000.00
Previous Amendment(s) Total : $0_00
Current Amendment Amount: $60.000.00
Total Contract Amaunt: $300,000.00
This amendment is between the State of Miuuesota, acting through its Commissioner of Public Safety, Office of
3ustice Programs, 444 Cedar Street, Suite 100, St. Paul, Minuesota 55101-5100 ("5tate") and City of St Paul,
Police Department, 3b7 Crrove Street, St Paul, Minnesota SS10b-2416 ("Grantee").
Recitals
The State has a grant contract with the Grantee idenfified as CJrant Contract 2008-MGSF-00551/6300-2682
for the putpose of funding the combined operations of the Criminal Gang Strike Force and Narcotics Task
Forces.
2 The State and the Crrantee have agreed that additional funds are necessary for the satisfactory completion of
this project.
3 The State and the Grantee are willmg to amend the Qriginal Grant Contract as stated below.
Grant Contract Amendment
In this Amendment deleted contract terms wiTl be struck oait and the added contract terms will be underlined
REVISION 1. Clause 4, "Consideration and Payment" Section 4.1, Paragraphs (1) and (3) of the Original
Grant Contract is amended as follows:
(1) Compensation. The Grantee wiii be reimbutsed an amount not to exceed �?-08;898:89-$300.000.00
according to the breakdown of costs contained in Revised E�ibit A, which is attached and
incorporated into this grant contraet. The Grantee will submit any revisions to Revised E�ibit A as
described in Section 4.2 (2) of this grant contract and the revised budget must be approved by the
State's Authorized Representative before any expenditures may be made based on the revised budget
(3) Total Obligation. The total obliga6on of the State for all compensation and reunbursements to the
Grantee under this grant cantract will not exceed �49:988�9-$300,000.00.
$120,000.00 is available from January 1, 2008 through December 31, 2008
��-�8 is available from July I, 2008 through December 31, 2008
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
Grant Amendment 05107
AMENDMENT NO. 1'TO GRANT CONTRACT 200&MGSF-00551l6300-2682 y ,� ,�} �)/
(/o ' � y lp
Except as amended herein, the terms and conditions of the Qriginal Crrant Contract and all previous
amendments remain in full force and effect.
By execution of ttus amendment, the terms and conditions of the Origu�al t'n•ant Contract and all previous
amentlments are expressly restated and reaffiruied.
1. ENCUMBRANCE VERIFICATION
Indrvidu¢I cert�es thaijundr have beea ennunbered ar
requ�ed Iry Minn. SuK §§' 16AI5 m'd I6C.0$.
Signed:
Date:
Grant Con
2. GRAN
The Grantee ceri�er Uun ihe apprapriMe person(s}
hwe erecuted the contract an behalfaf the Grantee as
regutred by qop7ica61e articles, by(aws, resalutions, or ordinances.
3. STATE AGENCY
By:
TiUe:
Date:
DishibuHon: DPSJFAS
Grantee
Sfate's Aullwrized Representarive
Grant Amendment OSI07 2
OFFICE �F JUSTICE PROGRAMS
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Grantee: St Pau{ Police Department
Grant Number. 2008-MGSF-00551
Program Component: ALL PROGRAM COMPONENTS
REVISED EXHIBIT A
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STATE OF NIINNESOTA �
GRANT CONTRACT D F� '�T 7�
This grant contract is between the State of Minnesota, acting fhrough its Commissioner of Public Safetv. Office of Juskice
Programs, 444 Cedar StreeG Suite 100, St. PauL Minnesota 55101-51 DO ("State") and Citv of St Paul. Police Deparhnent
357 Grove Street St Paul. Minnesota. 55106-2416 ("Grarrtee").
RecitaLs
1 Under Minn. Stat. $299A.01, Subd 2(41. the State is empowered to enter into tUis grant contract.
2 State funds for this grant contract are provided in Laws of Minnesota 2007, Chapter SA, Arficle 1, Section 10,
Subdivision 6 for the_purpose of funding the combmed operations of the Criminal Gang Strike Force and Narcotics
Task Forces. The State is responsible under Minn. Stat. § 299A.641 for administraflon of funds for the organization
and operafion of the Csang and Drug Oversight Council (Council) and the combined operations of the Crizninal C�ang
Strike Force and.Narcotics Task Force.
3 The State is in need of services that fulfill this purpose.
4 The Grantee represents that it is duly qualified and agrees to perform all seroices described in this grant contract to the
satisfaction ofthe State.
Grant Contract
Term of Grant Contract
1.1 Effective date. 7anuarY 1, 2008, or the date the StaYe obtains all required signatwes under Minnesota Statutes
Section 16C.OS, subdivision 2, whichever is later. Once this grant contract is fully executed, the Gzantee may
claim reimbursement for expenditures ancurred pursuant to Clause 4.3 of this grant contract. Reimbursement will
only be made for those expenditures made according to ffie terms of this grant contract.
1.2 Expiration dttte. December 3l. 2008, or until all obligations have been satisfactorily fulfilled, whiehever occurs
fust.
1.3 Survival ofTerms. The following clauses survive the expiration or cancellation ofthis grant contract: 8. Liability;
9. State Audits; 10. Govemment Data Practices; 12. Publioity and Endorsement; 13. Goveming Law, Jurisdiction,
and Venue; and 15. DataDisclosure.
Grantee's Duties
2.1 Activities. The Grantee, who is not a state employee, will perform all of the dufies and tasks specified in the
applicable Request for Proposal and the Grantee's grant application for this program, which ue incorporated by
reference into this grant contract and aze on file with the State and located at 444 Cedar 5treet, Suite 100, St. Paul,
Minnesota. Csrantee shall also comply with all program standazds, which aze hereby incorpoxated by reference into
this grant contract and made a part of this grant contract. Csrantee will sign a joint powers agreement that addresses
common issues including but not limited to: putpose, scope of worlt, work locafion, command structure, terms of
participation, and use of forfeited assets.
2.2 Reportittg Re9aeirements. Grantee shall report to the State as specified in the Office of 7ustice Programs' Crrant
Man¢al, which is hereby incorporated by reference into this grant contract and made a part of this grant contract.
(1) Financial Reporting. Grantee shall submit a financial reporting form to the State utilizing the format
idenrified by the State within 30 days after the end of the reporting period.
(2) Progress Reponing. Grzntee shall use forms prescribed by the State to submit a quarter3y progress detailing
progress achieved towuds the accomplishment ofthe progam goals and objectives within 30 days after the
end of reporting period.
(3) Other Re2uirements. Grantee shall submit such other reports and attend meefings and training as State shail
reasonably request.
(4) Evaluafion. State shall have the authority, during the eourse of this grant period, to conduct an evaluation of
the performance of the Grantee.
(SJ Reguirement Chnnges. State may modify or change all reporting forms at their discretion during the grant
period.
Metro Gang Stnke FmceNon-state (12107)
Metro Gang Str�ce Force 08
OJP Grazrt Number 200%-MGSF-00551
�-���
(� �pecial Requirements. The State reserves the right to include in the grant, at any tune during the term of the
grant, special administrative requirements deemed necessazy to assure the Grantee's successful implementation
of the program. The State will notify the Grantee in writing of any special administrarive requirements.
3 Time
Tfie Grantee must comply with all the time requireinents descn'bed in this grant contract. In the performance of this
granf contract, time is of the essence.
Consideration and Payment
41 Consideration. The State will pay for all services performed by the Grantee under this grant conhact as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $240,000.06, according to the
breakdown of costs contained in E�ibit A, which is attached and incorporated into this grant contract. The '
Grantee wili 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 Representative before any expenditures may be
made based on the revised budget.
(2) Travel Expenses. Reimbursement 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 greatez amount than
provided in the cunent "Commissioner's Plan" promulgated by the commissioner of Employee Relations
whlch 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 trauel. Minnesota will be considered the home state for determining whether travel is out of state.
(3) Tofa[ Dbligation. The total obligafion 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, 20Q8.
$120,000.00 is available from July 1, 2008 through December 31, 2008.
4.2 Fiscat Requirements. Grantee shall report to the State as specified in the O�ce of Justice Frograms' Grant
Manual.
(1) Financial Guidelines. Grantee shall cqmply with all policies, procedures, and provisions applicable to each
source of funding received. Grantee shall comply with the current Office of Jusfioe Programs' Grant Manual.
No funds will be disbursed for acfivities not identified in the goals and objecfives or work plan submitted on
the a ant appIication forms prescribed by the State. No funds from a spec�c funding source will be disbursed
for activities that do not meet the requirements of that funding source.
(2) Budget Revisians. Grantee shall submit a written budget revision request to the State's Authorized
Representarive before any expenditure may be made based on the revised budget. Submission and approval of
a budget xevision 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) CZoseout. Grantee shall have unti130 days after the Expiration date ofthis grant contract, to submit a report of
ail funds and interest received and disbursed. If a report is not submitted within this fime 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 (b) years after the date of submission
of the final fmancial status report, or until completion of an audit which has commenced before the expiration
of this siY-yeaz period, or untiI any audit findings and/or recommendations from prior audit(s) have been
resolved behveen 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 Representafive accepts the invoiced services. Invoices must be
submitted timely and according to the £ollowing schedule: TtemiZed invoices wilI be 5led in arreazs at least
quarterlv, but not more often than monthlv, and within 30 davs oftheperiod covered bv the invoice for services
Metro Gang Stn'ke Force Non-state (12l07) "
Meao Gang Sm7ce Force 08 �
OIP Grant Nuatber 2008-MGS F-00551
satisfactorily performed.
bg-7��v
Final invoice�ertainin2 to the first state fiscal vear ofthis erant contract must be received bv 7uly 31_ 2008.
Reimbursements from the second state fiscal veaz may commence on or after 7ulv I. 2008. The final invoice
pertaining to the second state fiscal vear of this erant contract must be received within 30 davs after the Expiration
date of this erant contract.
E_px enditures for each state fiscal veaz of this ¢rant contract must be for services performed within the applicable
state fiscal vear. Everv state fiscalyeaz beeins on 3ulv 1 and ends on June 30.
4.4 k'eder¢I Fequirements. (Where applicable, if blank this section does not apply)
Payments under this gtant contract will be made from federal funds obtained by the State through CFDA
The Grautee is responsible for compliance with all federal requirements imposed on these funds and accepts full
financiai responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements.
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 Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regu]ations. The Grantee will not receive payment for work found by the
State to be unsafisfactory or performed in violaUon of federal, state, or local law.
Anthorized Representative
The State's Authorized Representafive is Sue Perkins. Grants S�ecialist Coordinator, Depattrnent of Public Safetv
Office of 7ustice Proerams 7ustice and Communitv Grants, 444 Cedar Street, Suite 100, St. Paul Minnesota 55101
(651) 201-7338, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority
to accept the services provided imder this grant contract. If the services aze satisfactory, the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is 7ohn m. Harrington. 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 dwing this grant contract, the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, aud Grant Contract Complete
7.] AssignmenG The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fu,lly executed Assignmerrt Agreement, executed and approved by the
same parties who executed and approved this grant contrant, or their sucaessors 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 sazne parties who executed and approved the original grant contract, or their
successors in office.
73 13'aiver. 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 regarding this gant contract, whether v✓ritten or ora1, may be used to bind either
P�Y•
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of
action, including attomey'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 bave for the State's failure to fulfill its obligations under this grant contract.
Metro Gang Svilce Force Non-state (12107)
Meho Gang SlnkeForce OS
OJP Grant Number 200&MGSF-00551
9 Stafe Andits
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Under Minn. Stat. § 16C.05, subci 5, the Grantee's books, iecords, documents, and accounting procedures and
pracfices relevant to this grant contract are sub}eet to examination by the State andlor the State Auditor or Legislative
Auditor, as appropriate, for a minimum of six yeazs from the end of this grant contract.
14 Government Data Practices �
The Grantee and State must comply with the Minnesota C3overnment Data Ptaclices Act, Minn. Stat Ch. 13, as it
applies to al] data provided by the State under this grant conhact, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civ$ 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 refened to in this Clause, the Grantee must unmediately notify the
State. The State will give the Grantee instructions conceming the release of the dafa to tlie requesting party before the
data is released.
11 Workers' Compensaflon
Tkie Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation
insurance coverage. The Grantee's employees and agents will not be considered State employees. Any c]aims that
may arise under the Ivlinnesota 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 are in no way the State's obligation
or responsbility.
12 Publicity and Endorsement
12.1 Publicify. Any publicity xegazding the subject matter of this grant contract must identify the 5tate 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,
research, reports, signs, and similar public notices prepared by or for the Grrantee individually ar jointly with
others, or any subcontractors, with respect to the program, publications, or services provided resulting from this
grant contract.
12.2 EndorsemenL The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Surisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal
proceedings out of this d ant contract, or its breach, must.be in the appropr3ate state or federal court with competent
jurisdiction in Ramsey County, Minnesota
14 Termination
14.1 Termination by the Staie. The State may cancel thls grant contract at any time, with or without cause, upon 30
days' written notice to the Grantee. Upon ternunation, the Grantee will be entitled to payment, determined on a
pro rata 6asis, for services satisfactorily performed.
14.2 Termination by the Grantee. The Grantee may request terminafion upon 30 day's notice to the State's
Authorized Agent_ Upon termination the Grantee is entitled to paymenE for services actually performed and agrees
to return any unused funds to the State.
143 Termination forinsuff:cient Funding. The State may irrunediately 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 a11ow for the payment of the services covered here. Termination must be by written or faY notice
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 entitled to pa�Rnent, determined on a pro rata basis, far 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 Legislature, or other funding source, not to
appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the
State receiving that notice.
Metro Gang Sfike Force Non-state (12l07)
Metro Gang Smke Force 08
OJP Grant Number 200&MGSF-00551
EXHiS1T A .
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OFFiCE OF JUSTiCE PROGRAMS
Grantee: St Paul Police Department
Grant Number: 2008-MGSF-�0551
Program Component: ALL PftOGRAM COMPONENTS
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Budget Category Award
Personnel $240,000.00
TOTAL $240,OD0.00