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08-91Council File # ��' 1 � Green Sheet # 3049412 �� Presented by RESOLUTION PAUL, MINNESOTA iq 1 WHEREAS, the State of Minnesota is authorized to enter into contracts For the provision of pre- 2 kindergarten and eazly caze and educarion allowances; and 3 4 WHEREAS, the City of Saint Paul is one of the Pazent Aware pilot areas and the City wishes to 5 enter into a grant agreement with the State for the funds necessary to administer Pre-kindergarten 6 allowances; and 8 WHEREA S, the Grant contract contains a requirement that the City indemnify and hold the State 9 harmless far any claims or causes of action arising from performance of the grant contract; and 10 11 WHEREAS, the Saint Paul City Council finds that increased awazeness and utilization of pre- 12 kindergarten programs by eligible families is a legitimate public purpose which will foster stronger 13 communiries within the City; and 14 15 WHEREAS, the expenditure of public funds, which includes the promise of indemnification and 16 defense, for such a purpose will facilitate and enable it to take place; now, therefore, be it 17 18 RESOLVED, that the City Council hereby authorizes the appropriate city officials to execute the 19 attached Grant Contract, which includes a defense and indemnification clause, with the State of Minnesota. 20 Requested by D artment oE � a By: Approved by the Office of Financial Services Adoption Certified by ouncil Secretary By: e ' 6l2 Approv by a Pr: Date � By: By: Approved by City Attorney By: '7% Approv y or µbmi o Cot il By: � Adopted by Council: Date 3�10%,?l/0� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �8 -�l MO - MaYo�sOtEce 30.JAN-08 Green Sheet NO: 3049412 Conpct Person & Phone: Lisa Cariveau 266-5536 Must Be on Council Aaen Doc.Type: RESOLUTION E-Document Required: N Document Contact: Contact Phone: �/ o Assign I Number Z For Routing 3 Order 4 5 Total # of Signature Pages _(Clip All Locations for Signature) avor's Ofbce Q�'lavor'sOfSce Dena��entD'uector itv Attomev yor•s OtSce Mavor/Assistant I omcil ' Clerk I Ci Cterk That the Saint Paul City Council accepts that the ciry is entering into an agreement with the Minnesota Dep[ of Hwnan Services for the Pre K Allowance Pro}ect through June, 2009. iaanons: npprove �N� or n Pianning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contrect for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Facplain all yes answers on separate sheet and attach to green sheet Initiating Probiem, lssues, OpportuniTy (Who, Whal, When, Where, Why): AdvanYages If Approved: Disadvantages If Approved: DisadvanWges If NotApproved: Transaction: Funding Source: Fi nancial Infortnation: (Facplain) CastlRevenue Budgeted: Activity Number: January 30, 2008 2:46 PM Page 1 D$ �`1/ The Grant Contract is available for review or copying in the Council Research Offices. d8-9 / STATE OF NIINNESOTA DEPARTMENT OF HUMAN SERVICES GRANT CONTRACT THIS GRANT, and amendments and supplements thereto, is between State of Minnesota, acting through its Department of Human Services, Community Partnerships Division (hereinafter STATE) and Citv of St. Paul, an independent grantee, not an empioyee of the State of Minnesota, address: 15 West Kello¢ Boulevard. St. Paul, Minnesota 55102 (hereinafter GRANTEE), witnesseth that: WIIEREAS, the STATE, pursuant to Minnesota Statutes 119B and 256.01 subd 2(1)(fl is empowered to enter into contracts for the following services: Administration of Prekindergarten Exploratory Projects and quality eazly care and education allowances for eligible families as designated in Minnesota Session Laws 2007 — Chapter 147. WHEREAS STATE is permitted to shaze information with the GRANTEE in accordance with Minnesota Statute, section 13.46, and WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein, NOW, THEREFORE, it is agreed: L GRANTEE'S DUTIES. GRANTEE shall: A. Administer the Pre-kindergarten Allowance Program through the following functions: l. Administer Pre-kindergarten Allowance Program applications and awards. 2. Administer allowance program payments to providers. 3. Provide program outreach and information. 4. Partner, coordinate, and collaborate with key stakeholders. 5. Provide general program administration and management. The functions shall be supported as described in detail in the attached workplan, which is hereby incorporated into this contract as Attachment A. For a11 "works" as defined in grant clause XIII, GRANTEE agrees that STATE has the final authority to determine matters of style, citation, readability, and graphic design in all works, documents, and materials developed under this contract. B. Submit required program and financial reports to the State according to the following timeline: Plan/Report Due Date SFI' 2008 1/1/08-3/31/08 Financial Report Apri130, 2008 4/1/08-6/30/08 Financial Report July 31, 2008 1/1/08-6/30/08 Program Report July 31, 2008 II. SF'I' 2009 7/1/08-9/30/08 10/1/08-12/31/08 7/1/08-12/31/08 1/1/09-3/31/09 4/1/09-6/30/09 1/1/09-6/30/09 Financial Report Financial Report Prograni Report Financial Report Financial Report Program Report October 31, 2008 January 31, 2009 January 31, 2009 Apri130,2009 July 31, 2009 July 31, 2009 CONSIDERATION AND TERMS OF PAYMEN'I'. A. Consideration for all services performed and goods or materials supplied by GRANTEE pursuant to this �ant shall be paid by the STATE as follows: 1. Compensation shall be consistent with the Program Line Item Budget, which is incorporated into and made a part of the contract as Attachment B: three million one hundred twentv thousand dollars ($3,120.000.00). 2. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE'S performance of this grant contract shall be no greater amount than provided in the current Commissioner's Plan (which is incorporated by reference) promulgated by the Commissioner of Employee Relations. GRANTEE shall not be reunbursed for travel and subsistence expense incurred outside the State of Mimiesota unless it has received prior written approval for such out of state travel from the STATE. 3. The total obligation of the STATE for all compensation and reunbursements to GRANTEE shall not exceed three million one hundred twentv thousand dollazs ($3.120,000.001. 4. (If applicable.) For compensation payable under this grant contract, which is subject to withholding under state or federal law, appropriate amounts will be deducted and withheld by the State as required. B. Terms of Payment 1. Reimbursement sha11 be one initial cash advance of $520,000.00 (equal to one calendaz quarter) followed by quarterly cost reimbursement based on the previous quarter's expenses as documented by receipts, invoices, travel vouchers, and time sheets. Funds will be reconciled at the end of the State fiscal yeaz (June 30, 2008). The STATE shall issue a second cash advance of $520,000.00 (equal to one calendaz quarter) after reconciliation of the previous State fiscal year funds. The GRANTEE is required to submit a fmal expense report no later than Ju1y 31, 2009. If actual expenditures of the GRANTEE aze more than the amount provided by the cash advances and any subsequent payments, the STATE sha11 make a final payment to the GRANTEE no later than August 15, 2009. If actual expenditures are less than the amount of the advances, the GRANTEE shall remit excess funds to the STATE by August 15, 2009. 2. Please document the need for the Advance given to the GRANTEE: d 8'9� This State erant is the sinale source of fundine for this orsanization to provide Pre-kindergarten Allowance Program pavments as desi¢nated by the Minnesota Lesislature. Without an advance, the aeencv does not have the appropriate operating funds to cover dav to da�osts associated with administerine these services and allowance payments" 3. Payments shall be made by the STATE promptly after GRANTEE'S presentation of invoices for services performed and acceptance of such services by the STATE'S authorized agent pursuant to Clause VII. Invoices shall be submitted in a form prescribed by the STATE and according to the quarterly financial reporting schedule in Ciause L• III. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. GRANT`EE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. IV. PAYMENT RECOUPMENT. The GRANTEE must reimburse the STATE upon demand or the STATE may deduct from future payments under this grant any amounts paid by the STATE, under this or any previous grant, for which invoices and progress reports have not been received, or for which the GRANTEE'S books, records or other documents aze not sufficient to cleazly substantiate that those amounts were used by the GRANTEE to perform grant services. V. TERMS OF CONTRACT. This grant shall be effective on December 18. 2007, or upon the date that the final required signature is obtained by the STATE, pursuant to Minnesota Statutes, Section 16C.05, Subd 2, whichever occurs later, and sha11 remain in effect through June 30 2009, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. GRANTEE understands that NO work should begin under this grant contract until ALL required signatures have been obtained, and GRANTEE is notified to begin work by the STATE's Authorized Representative. The GRANTEE shall have a continuing obligation, after said grant period, to comply with the following provisions of grant clauses: X. Liability; XI. State Audits; XII. Information Privacy and Security; XIII. Intellectual Property Rights; XIV. Publicity; and XX. Jurisdicrion and Venue. VI. CANCELLATION. A. For Cause or Convenience. This grant contract may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellarion, GRANTEE sha11 be entitled to payment, determined on a pro rata basis, for wark or services satisfactorily performed. The STATE has the right to suspend or ternunate this grant contract immediately when the STATE deems the health or welfare of the service recipients is endangered, when the STATE has reasonable cause to believe that the GRANTEE has breached a material terxn of the grant contract, or when GRANTEE'S non-compliance with the terms of the grant contract may jeopardize federal financial participation. B. Insufficient Funds. 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 con6nued at a level sufficient to allow for the payment of the services covered here. Termination wi12 be by written or fa�c notice to the GRANTEE. The STATE is not obligated to pay for any services that aze provided after notice and effective date of termination. However, the GRANTEE will be entitied 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 tenninated 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's receiving that norice. C. Breach. Notwithstanding clause VI.A., upon STATE's knowledge of a curable material breach of the contract by GRANTEE, STATE shalI provide GRAN"TEE written notice of the breach and ten (10) days to cure the breach. If GRAN"I`EE does not cure the breach within the time allowed, GRANTEE will be in default of this contract and STATE may cancel the contract immediately thereafter. If GRANTEE has breached a material term of this contract and cure is not possible, STATE may immediately terminate this contract. VII. AUTHORIZED REPRESENTATIVES AND RESPONSIBLE AUTHORITY. A. State. The STATE'S authorized representaxive for the purposes of administration of this grant contract is Fred Fuhnnann or his/her successor. Such representative shall have final authority for acceptance of GRANTEE'S services and if such services aze accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, pazagraph B. B. Grantee. The GRANTEE's Authorized Representative is Mavor Christopher Coleman - Citv of Saint Paul or his/her successor. If the GRANTEE's Authorized Representative changes at any time during this conlract, the GRANTEE must immediately notify the STATE. C. Informafion Privacy and Security. (If applicable) GRANTEE's responsible authority for the purposes of complying with data privacy and security for tkus contract is Mavor Christopher Coleircan - City of Saint Paul or his/her successor. VIII. ASSIGNMENT. GRANTEE shall neither assign nor iransfer any rights or obligarions under this grant contract without the prior written consent of the STATE. IX. AMENDMENT'S. Any amendments to this gant contract shall be in writing, and shall be executed by the same parties who executed the original grant contract, or their successors in office. X. LIABILITY. GRANTEE agrees to indemnify and saue and hold the STATE, its representatives and employees harmIess from any and a11 cla3ms or causes of action, including all attorney's fees incurred by the STATE, arising from the performance of this �S -� � grant by GRANTEE or GRANTEE'S agents or employees. This clause shall not be construed to baz any legal zexnedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this grant contract. XI. STATE AUDITS. Under Minn. Stat. § 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the GRANTEE and its employees, agents, or subcontractors relevant to this grant contract shall be made available and subject to examination by the STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a min;mum of six yeazs from the end of this grant contract. XII. INFORMATION PRIVACY AND SECURITY For purposes of executing its responsibilities and to the extent set forth in this contract, the GRANTEE will be considered part of the "welfaze system," as defined in Minnesota Statutes, section 13.46, subdivision 1. 1. Informafion Covered by this Provision. In carrying out its duties, GRANTEE will be handling one or more types of private information, collectively referred to as "protected information," conceming individual STATE clients. "Protected information," for purposes of this agreement, includes any or all of the following: (a) Private data (as defined in Minn. Stat. § 13.02, subd. 12), confidential data (as defined in Minn. Stat. §13.02, subd. 3), welfare data (as governed by Minn. Stat. §13.46), medical data (as govemed by Minn. Stat. §13.384), and other non-public data governed elsewhere in the Minnesota Government Data Practices Act (MGDPA), Minn. Stats. Chapter 13; (b) Medical records (as governed by the Minnesota Medical Records Act [Minn. Stat. § 144335]); (c) Chemical health records (as governed by 42 U.S.C. § 290dd-2 and 42 CFR § 2.1 to § 2.67); (d) Protected health information ("PHI") (as defined in and governed by the Health Insurance Portabiliry Accountabiliry Act ["HIPAA"], 45 CFR § 164.501); and (e) Other daLa subject to applicable state and federal statutes, rules, and regulations affecting the collection, storage, use, or dissemination of private or confidential information. 2. Duties Relating to Protection of Information. (a) Duty to ensure proper handling of informafion. GRANTEE sha11 be responsible for ensuring proper handling and safeguarding by its employees, subcontractors, and authorized agents of protected information collected, created, used, maintained, or disclosed on behalf of STATE. This responsibility includes ensuring that employees and agents comply with and are properly trained regarding, as appl'acable, the laws listed above in paragraph XII.1. (b) Minimum necessary access to information. GRANTEE sha11 comply with the "minunum necessary" access and disclosure rule set forth in the HIPAA and the MGDPA. The collection, creation, use, maintenance, and disclosure by GRANTEE shall be limited to "that necessary for the administration and management of programs specifically authorized by the legislature or local governing body or mandated by the federal government" See, respectively, 45 CFR §§ 164.502(b) and 164.514(d), and Minn. Stat. § 13.05 subd. 3. (c) Informafion Requests. Unless provided for otherwise in this Agreement, if GRANTEE receives a request to release the information referred to in this Clause, GRANTEE must immediately notify STATE. STATE will give GRANTEE instructions concerning the release of the data to the requesting party before the data is released. 3. GRANTEE's Use of Informafion. GRt�NTEE shall: (a) Not use or further disclose protected information created, collected, received, stored, used, maintained or disseminated in the course or performance of this Agreement other than as permitted or required by this Agreement or as rec}uired by law, either during the period of this agreement or hereafter. (b) Use appropriate safeguards to prevent use or disclosure of the protected information by its employees, subcontractors and agents other than as provided for by this Agreement. This includes, but is not limited to, having implemented administrarive, physical, and technical safeguazds that reasonably and appropriately protect the confidentially, integrity, and availability of any electronic protected health information that it creates, receives, maintains, or transmits on behalf of STATE. (c) Report to STATE any privacy or security incident of which it becomes aware. For purposes of this agreement, "Security incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. "Privacy incidenY' means violation of the Miimesota Government Data Practices Act (MGDPA) and/or the HiPAA Privacy Rule (45 CFR Part 164, Subpart E), including, but not lunited to, improper and/or unauthorized use or disclosure of protected information, and incidents in which the confidentiality of the information maintained by it has been breached. (d) Consistent with this Agreement, ensure that any agents (including contractors and subcontractors), analysts, and others to whom it provides protected information, agree in writing to be bound by the same restrictions and conditions that apply to it with respect to such information. (e) Mitigate, to the extent practicable, any hazmful effects l�own to it of a use, disclosure, or breach of security with respect to protected information by it in violation of this Agreement. 4. State's Dufies. STATE sha11: (a) Only release information which it is authorized by law or regulation to sbare with GRANTEE. DS-91 (b) Obtain any required consents, authorizarions or other permissions that may be necessary for it to shaze information with GRANTEE. (c) Notify GRANTEE of lunitation(s), restrictions, changes, or revocation of pernussion by an individual to use or disclose protected information, to the extent that such limitation(s), restrictions, changes or revocation may affect GRANTEE's use or disclosure of protected information. (d) Not request GRANTEE to use or disclose protected information in any manner that would not be permitted under law if done by STAT`E. 5. Disposifion and/or Retenfion of Protected Information/Data upon Completion, Espiration, or Agreement Terminafion. Upon complefion, expiration, or termination of this Agreement, GRANTEE will return or destroy all protected information received from STATE or created or received by GRANTEE for purposes associated with this Agreement. GRANTEE will retain no copies of such protected information, provided that if both parties agree that such return or destruction is not feasible, or if GRANTEE is required by the applicable regulation, rule or statutory retention schedule to retain beyond the life of this Agreement, GRANTEE will extend the protection of the Information Privacy and Security Clause of this Agreement to the protected information not returned or destroyed, and refrain from further use ar disclosure of such information for as long as GRANTEE retains the protected information. 6. Sanctions. In addition to acknowiedging and accepting the terms set forth in X Liability of this Agreement relating to liability, the parties acknowledge that violation of the laws and protections described above could result in limitations being placed on futute access to protected information, in investigation and imposition of sanctions by the U.S. Department of Health and Human Services, Office for Civil Rights, and/or in civil and criminal penalties. 7. Additional Business Associate Duties. To the extent CTRANTEE handles protected health information in order to provide health care-related administrative services on behalf of STATE and is a"Business Associate" of STATE, as that term is defined in HIPPA, GRANTEE sha11 also: (a) Make available protected health inforxnation in accordance with 45 CFR § 164.524. (b) Make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164_526. (c) Make its internal practices, books, records, policies, procedures, and documentation relating to the use, disclosure, andfar securiTy of protected health information available to the other Party and/ar the Secretary of the United States Department of Health and Human Services (HHS) for purposes of determining compliance with the Privacy Rule and Security Standazds, subject to attorney-client and other applicable legal privileges. (d) Comply with any and all other applicable provisions of the HIPAA Privacy Rule and Security Standards, including future amendments thereto. (e) Document such disclosures of protected health information and information related to such disclosures as would be required for STATE to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528. ( fl Provide to STATE informafion required to respond to a request by an individual for an accounting of disclosures of protected health information in accordance with 45 CFR § 164.528. XIII. Intellectual Propertv RiEhts. Definifions. Works means ail inventions, improvements, discoveries (whether or not patentable or copyrightable), databases, computer programs, reports, notes, studies, photographs, negarives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the GRANTEE, its employees, agents, anc! subcontracYors, either individually or jointly with others in the performance of the contract. Works includes "Documents." Documents aze the originals of any data bases, computer programs, reports, notes, studies, photographs, negafives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the GRANTEE, its employees, agents, or subcontractors, in the performance of this contract. Ownership. The STATE owns all rights, fitle, and interest in a11 of the intellectual property, including copyrights, patents, trade secrets, trademazks, and service marks in the Works and Documenls created and paid for under this coniract. The Works and Documents will be the exclusive property of the STATE and a11 such Works and Documents must be immediately retumed to the STATE by the GRANTEE upon completion or cancellafion of this contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." Responsibilities. Notifzcation. Whenever any Works or pocuments (whether or not patentable) aze made or conceived for the first time or actually or constructively reduced to practice by the GRANTEE, including its employees and subcontractors, and are created and paid for under this contract, the GRANTEE will immediately give the STATE'S Authorized Representative written notice thereof, and must promptly fiunish the Authorized Representative with complete information and/or disclosure thereon, The GRANTEE will assign alI right, titIe, and interest it may bave in the Works and the Documents to the STATE. Filing and recording of ownership interests. The GRANTEE must, at the request of the STATE, execute all papers and perform all other acts necessary to transfer or record the STATE'S ownership interest in the Works and Documents created and paid for under this contract. The GRANTEE must perform all acts, and take a11 steps necessary to ensure that all intellectual property rights in these Works and Documents aze the sole property of the STATE, and that neither GRt�NT'EE nor its employees, agents, or subcontractors retain any mterest in and to these Works and Documents. D g'9 j Duty not to Infringe on intellectual property rights of others. The GRANTEE represents and warrants that the Works and Documents created and paid for under this contract do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 10, the GRANTEE will indemnify; defend, to the extent pemutted by the Attorney General; and hold hannless the STATE, at the GRANTEE' S expense, from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of these Works or pocuments infiinge upon the intellectual property rights of others. The GRANTEE will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the GRANTEE' S or the STATE' S opinion is likely to arise, the GRANTEE must, at the STATE' S discretion, either procure for the STATE the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or pocuments as necessary and appropriate to obviate the infi•ingement claim. This remedy of the STATE will be in addition to and not exclusive of other remedies provided by law. XIV. PUBLICITY. Any publicity given to the program, publications, or services provided resulting from this grant contract, including but not limited to, notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepazed by or for the GRANTEE or its employees individually or jointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in this grant contract prior to its approval by the State's Authorized Representative. XV. AFFIRMATIVE ACTION and NON-DISCRIMINATION Affirmative Action requirements for Grantees with more than 40 full-time employees and a contract in excess of $100,000. If GRANTEE has had more than 40 full-time employees within the State of Minnesota on a single working day during the previous twelve months preceding the date GRANTEE submitted its response to the STATE, it must have an affirmative acfion plan, approved by the Commissioner of Human Rights of the State of Minnesota, for the employment of qualified minority persons, women and persons with disabilities. See Minnesota Statutes section 363A.36 (2003). If GRANTEE has had more than 40 full-time employees on a single working day during the previous twelve months in the state in which it has its primary place of business, then GRANTEE must either: 1) have a current Minnesota certificate of compliance issued by the Minnesota Commissioner of Human Rights; or 2) certify that it is in compliance with federal Affirmative Action requirements. Affirmative Action and Non-Discrimination requirements for all Grantees: A. The GRANTEE agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status in regazd to public assistance, membership or activity in a local commission, disability, sexual orientation, or age in regard to any posirion for which the employee or applicant for employment is qualified. Minnesota Statutes section 363A.02 GRANTEE agees to take affirmative steps to employ, advance in employment, upgrade, train, and recruit minority persons, women, and persons with disabilities. B, T'he GRANTEE must not discriminate against any employee or applicanY for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualif ed. The GRANTEE agrees to take �rmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discriminarion based upon their physical or mental disability in a11 employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or ternvnation, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Minn. Rule 5000.3550 C. GKt1NTEE agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. Notificarion to employees and other affected parties. The GRANT'EE agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices will state the rights of applicants and employees, and GT2ANT'EE's obligation under the law to take affinnative action to employ and advance in employment qualified minority persons, women, and persons with disabilities. The GRANTEE will notify each labor union or representative of workers with which it has a collective bazgaining agreement or other contract understanding, that the GRANTEE is bound by the terms of Minnesota Statutes, section 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment minority persons, women, and persons with physical and mental disabilities. Compliance with Department of Human Rights Statutes. In the event of GRANTEE's noncompliance with the provisions of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes 363A.36, and the rules and relevant orders issued pursuant to the Minnesota Human Rights Act. XVI. WORKERS' COMPENSATION. The GRANTEE certifies that it is in compliance with Minnesota Statute section 176.181, subdivision 2, pertainiug to workers' compensafion insurance coverage. The GRANTEE' S employees and agents wilI not be considered employees of the STATE. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these empIoyees or agents and any claims made by any third party as a consequence of any act or omission on the part of these employees or agents are in no way the STATE'S obligation or responsibility. XVII. VOTER REGISTRATION REOITIKEMENT. GRANTEE certifies that it wi12 comply with Mimiesota Statutes, Section 201.162 by ptoviding voter registration services for its employees and for the public served by the GRANTEE. XVIII. OWNERSHIP OF EpUIPMENT. The STATE shall have the right to require transfer of all equipment purchased with grant funds (including title) to the STATE or to an eligible non-STATE party named by the STATE. This right will normatly be exercised by the STATE only if the proj ect or program for which the equipment was acquired is transfened from one grantee to another. i[i] XIX. FEDERAL AUDIT REQUIREMENTS AND GRANTEE DEBARMENT b$ � INFORMATION. CSRANTEE certifies it will comply with the Single Audit Act, and OMB Circulaz A-133, as applicable. All sub-recipients receiving $500,000 or more of federal assistance in a fiscal year will obtain a financial and compliance audit made in accordance with the Single Audit Act, or OMB Circulaz A-133, as applicable. Failure to comply with these requirements couid result in forfeiture of federal funds. GRANTEE DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION. Federal Reb lation 45 CFR 9235 prohibits the State from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minnesota Statute Section 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debaz and suspend vendors who seek to contract with the State. BY SIGNING THIS GRANT, GRANTEE CERTIFIES THAT TT AND ITS PRINCIPALS: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; and Have not within a three-year period preceding this Grant: a) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; b) violated any federal or state antitrust statutes; or c) committed embezzleznent, theft, forgery, bribery, falsification or destnxction of records, making false statements or receiving stolen property; and 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: a) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; b) violating any federal or state antitrust statutes; or c) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and 4. Are not awaze of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this grant contract are in violation of any of the certifications set forth above. Shali immediately give written notice to the State should GIZ.INTEE come under investigation for allegations of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfornung: a public (federal, state or local government) [ransaction; violating any federal or state anritrust statutes; or committing embezzlement, theft, forgery, bribery, falsificarion or destruction of records, making false statements or receiving stolen property. XX. JiJRISDICTION AND VEN UE. This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. V enue for all legal proceedings arising out of this grant contract, or breach thereof, sha11 be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. il XXI. WAIVER If the State fails to enforce any provision of this contract, that failure does not waive the provision or the STATE's right to enforce it. XXII. CONTRACT COMPLETE. This contract contains a11 negotiations and agreements between the STATE and the GRANTEE. No other understanding regazding this contract, whether written or oral may be used to bind either parry. XXIII. OTHER PROVISIONS. 1. GRANTEE agrees that it will at all times during the term of the Agreement keep in force a general liability insurance policy with the following r�mum amounts: $300,000 for bodily injury ot property damage to any one person; and $1,000,000 for total injuries and/or damages arising from any one incident. 2. The GR ANTEE further agrees to keep in force a blanket employee theft/employee dishonesty policy in at least the total amount of the first year's grant award as either an addendum on its general liability insurance policy, or, if it is not feasible to include it as an addendum to a general liability insurance policy, as a stand-alone employee theftlemployee dishonesty policy. The STATE will be named as either a joint payee or the certificate holder on the employee theft/employee dishonesty addendum or on the stand-alone employee theft/employee dishonesty policy, whichever is applicable. Only in cases in which the first year's grant award exceeds the available general liability coverage may gantees provide blanket employee theft/employee dishonesty insurance in an amount equal to either 25% of the yearly grant amount, or the first quarterly advance amount, whichever is greater. Upon execution of this grant, the GRANTEE shall furnish the State with copies of such insurance poZicies, and proof of payment of premium. 3. GRANTEE agrees that no religious based counseling shall take place under the auspices of this grant. 4. If the GRANTEE has an independent audit, a copy of the audit shall be submitted to the STATE. 5. Payment to Subcontractors (If applicable) As required by Minu. Stat. § 16A.1245, the prime GRANTEE must pay all subcontractors, less any retainage, within 10 calendar days of the prime GRANTEE's receipt of payment from the State for undisputed services provided by the subcoatractor(s) and must pay inTerest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 6. Interest income earned on advance payments provided through this agreement shall be used for the purposes of the Prekindergarten Exploratory Project as described under Clause I. 7. Full funding of this agreement is contingent upon the Department of Human Services receipt of State of Minnesota funds. 12 o�-�/ 8. GIZANTEE has the flexibility, with prior approval of the State, to expend and transfer funds among the project administrarion line items of the approved budget without a formal amendment. Any transfer of funds within the current approved budget requires approval from the STATE and must include budget justification. The revisions may be done on the budget revision form which is available from the STATE. Amendments are required to add a budget line item, extend the end date, or increase the total grant award. 9. The State will review the allocation of Pre-kindergarten Allowance Program funding to each of the designated pilot projects at six month intervals. The allocation of funding to the pilot projects may be reassigned based on the State's review of the number of family allowances awazded and the number of families indicating an interest in applying for the program allowances. 10. The State reserves the right to identify and include additional responsibilities in the SFY 20Q8-04 boilerplate grant agreement. 13 IN WITNESS wHEREOF, the parties have caused this contract to be duly executed intending to be boundthereby. ..�.� � 1, STATE ENCTJMBRANCE VERIFICATION Individual certifies that fundr have been encumbered as required by Minn. Stat 16A and 16C.15 By . Date �� �Q ' � � Grant No: �� �' � '� � 2. GRANTEE Signatory is authorized by applicab[e artic[es, by-Zaws, resolutions, or ordinances to sign on behalf of the Grantee. By Title Date I cerrify that the sigrratories far the Grantee have Iawful authority, by vzrtue of the corporate by- laws or a corporate resolution, to bind the Grantee to the terms of this grant contract. Distribution: Agency - Original (fully executed) conbract Grantee State Authorized Representative 3. STATE AGENCY By (with delegated authority) Title Date 14 d � � � _ V R � +..r Q f� � Q Q. Y Y L L � � � � 0 � +=� o �i+ 0 A.�+ N r C �`'� _ a O a d� d v o V f6 N (a O � O Q 9 ` 4 C � C �.+ U y L � Y � � � � C C d d L L a a W 0 0 N 0 M N C 3 7 O r O O N m N Q � U N � � m m � a � N C O m U Q Q N N � E C r 0 Q N � a � a � > O c a 3 c o ° � U N Q � Q � m O� s C N � � � � O � N w O IL O � J W O � � £ - o c o N � � d � � m � N N "O N � � � O .- '_' a �� _ 0 � � N N :� � � C O .� � O c N "6 � > � 0 a` °' 0 � n �a-� i � T � � � t �o � a '� o p N U - p � C cp � " N U ] � � d � Tw N Q � (B m � � O � d � � � U � E - - 6 a� 3 � L N i N'� � O m a � n p, U � m C � O p_ O � � O_ ..�'+ d � o - a o � � a °' V U m � m c � O U R � a� C � 3 C O 3 .�-. 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N N a� N T TE a � `o ° w Q N 3 N N � L V @ t�n >. m � Q N O y � 'm N � ❑ U N d @ N O � N 9 � � � O y p � N ],O "' N O_ O_ j N � U w � ' N C � C N�iuva; (6 a> p T+�' � '- N N d � � � p � o m a ._ N � � d Y Q w` � (p �p V1 � N n � � � O N y C � N O_ N � � m � o E- Q � � 9 V >. � �7 � a c N . 3 � � l6 ��"6L C � y ,O M 3 O 0 c Z'�y `oo � U�l � N N V N y w �wEq 3 m c c c � � O m O (6 QcEaEw N � � C N y � i U � O N � N 3 � � U N C � � N C � � 3 U O N � L O N s 3 0 � `o 0 c � - a� m Qa � �o � n a: N d � C C O C N d � , v�a �a�� _ U , O O L (0 2 i - w- V w � C N N 3 � �y Na `m � .r N N Q N � C o N c m m � � � O � Q U p N � in d � C a N _ � � Q � =a m a� °� drn� i , c a� t6 d C � N � � U � a N � � W U _ . 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