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HomeMy WebLinkAboutContract 20252025 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Programs, 444 Cedar Street, Suite 100, St. Paul, MN 55101 ("State"} and City of Columbia Heights, Police Department, 559 NE Mill Street, Columbia Heights, Minnesota 55421-3822 ("Grantee"). Recitals 1 Under Minn. Stat. ,~ 299A.01, Subd 2 (4), the State is empowered to enter into this grant contract. 2 State funds for this grant contract are provided under Laws of Minnesota 2007, Chapter 54, Article 1, Section 10, Subdivision 6 for the purpose of hiring new peace officers or providing peace officer overtime pay. 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 services described in this gant contract to the satisfaction of the State. Grant Contract Term of Grant Contract 1.1 Effective date. July 1, 2007, 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 4.3 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date. June 30, 2010, or until ail obligations have been satisfactorily fulfilled, whichever occurs fu-st. 1.3 Survival of Terms. 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. Governing 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 contract and aze on file with the State "and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee shall also comply with all program standards, which are incorporated by reference -into this grant contract and made a part of this grant contract. 2.2 Reporting Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual, which is incorporated by reference into this grant contract. (1) Financial Reporting. Grantee shall submit a financial reporting form to the State utilizing 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 will notify the Grantee in writing of any special administrative requirements. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. State (7/07) Community-Oriented Policing (COPS) 08 OJP Grant Number 2008-COPS-00289 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $177,219.00, according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to Exhibit 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. (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 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: $0,000.00. (4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $177,219.00. $88,609.50 is available from July 1, 2007 through June 30, 2009. $88,609.50 is available from July 1, 2008 through June 30, 2010. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual. (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each source of funding received. 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 objectives or work plan submitted on the grant application forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. (2) 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) Closeout. Grantee shall have until 30 days after the Expiration date of this grant contract, to submit a report of all funds and interest received and disbursed. If a report is not submitted within this time period, expenses claimed on the report may be 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 final financial status report, or until 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. 4.3 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 quarterly but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorilyperformed. The fmal invoice pertaining to each state fiscal year of this grant contract must be received by July 31 of that calendar year. Reimbursements from the next state fiscal ear s) may commence on or after July 1 of that calendar year. The final invoice must be received no later than 30 days after the Expiration date of this grant contract. Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable State (7/07) Community-Oriented Policing (COPS) 08 OJP Grant Number 2008-COPS-00289 state fiscal vear. Every state fscaI year begins on July 1 and ends on June 30. 4.4 Federal requirements. (Where applicable, if blank this section does not apply} Payments under this grant contract will be made from federal funds obtained by the State through CFDA The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial 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 regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Jesse Standal, Department of Public Safety, Office of Justice Pro~ams, 444 Cedar Street, Suite 100, St Paul, MN, 55101-0100, (651) 201-7343, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Sgt, John Rogers, Columbia Heights Police Department, 559 NE Mill Street, Columbia Heights, MN, 55421-3822, (763) 706-3750. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment 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. 7.3 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. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either parh'• 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees 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 bar 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 six years from the end of this grant contract. 10 Government Data Practices 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 grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. State (7/07) Community-Oriented Policing (COPS) 08 O7P Grant Number 2008-COPS-00289 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 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 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 are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and 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 Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of--law provisions, governs this grant contract. Venue for all Legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination by the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Agent. Upon termination the Grantee is entitled to payment for services actually performed and agrees to return any unused funds to the State. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota 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. 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. State (7/07) Community-Oriented Policing (COPS) 08 OJP Grant Number 2008-COPS-00289 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individz~al certifies that funds have been encumbered as required by Mmn: Stat. ~'~' 16A 1 S and 16C. DS Signed: ~ fl ~« _~_._ _..._, ,~~ a B}. 6 P t' ! with delegated authority) Date: ~ ~ F {~ i ~ `?uv7 i Title: ~ i t Grant Contract N~ ~ 2008-COPS-00289/6900-2469 ° Date: ~ (~ z _. _ , 2. GRANTEE The Grantee certifies that the approp .ate perso s) have executed the gran contract on ehalf of the ' rantee as rega~ired by applicab~rticles, byl ws, resolution , or ordinances. Title: Y~Ck....~ Date: By: Title: Date: ~ - l l - U ~ Distribution: Agency Grantee State's Authorized Representative State (7/07) 5 Community-Oriented Policing (COPS) 08 OJP Grant Number 2008-COPS-00289 EXHIBIT A /~~~~N~~FPUQ~,c~ OFFICE OF JUSTICE PROGRAMS ~° ~ Grantee: Columbia Heights Police Department ~ ~ ~` Grant Number: 2008-COPS-00289 ~ 4 ~ ~ _.~3r .,z ~ ~9~4FMVN~~~ Program Component: Hire New Officers: School Liaison and Targeted Areas Officer Budget Category Award Salary and Overtime $138,475.00 Payroll Taxes & Fringe $38,744.00 Total $177,219.00 Office of Justice Pragrams 444 Cedar Street • Suite 100 • Saint Paul, Minnesota 55101-5100 ~ -=== ~ _` ~ `~;;~ Phone: 651.201.7350 • Fax: 651.284.3317 • TTY: 651.282.6555 %""`~ ~~~~ ~~=~ ~ '' ~`" Alcohol and Gambling Enforcement ARMER/911 Program Bureau of Criminal Apprehension Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Traffic Safety State Fire Marshal and Pipeline Safety www.dps.state.mn.us ~,,, .,, F f DATE: September 19, 2007 : , TO: Chief Thomas M. Johnson ~ `~~ FROM: Leah Lopez, Grants Specialist Intermediate SUBJECT: 2008-COPS-00289 Enclosed is a fully executed copy of your grant contract. This is a legal document and you are being held accountable for the provisions that are part of the contract. It is important that you read the document carefully and share a copy with anyone that may be involved in administering the grant. If there are provisions that you do not understand, please ask for clarification. The Office of Justice Programs Grant Manual will also provide additional information about grant provisions and your relationship with the Office of Justice Programs. The manual is available at www.dps.state.mn.us/o j p. There are several contract provisions that I would like to highlight: • Expenditures must be consistent with the enclosed detailed line item budget that has been approved by our office. Any necessary budget revisions must be approved by our office prior to exceeding any line item by more than 10% or $200. • The only expenses eligible for reimbursement are allowable expenditures/obligations that occurred between the beginning date of the grant and the ending date of the grant. The starting date of this grant is July 1, 2007. • Contract provisions require the submission of a variety of documents and reports. Payments will be withheld if reports are not submitted on a timely basis. • All out-of--state travel not specifically budgeted must be pre-approved by your grant manager. EQUAL OPPORTUNITY EMPLOYER Page Z The project you have received funds for is detailed in the work plan you submitted as a part of your grant application. Any major changes you propose to make to your work plan should be approved by your grant manager prior to their implementation. Please note that you will be required to have written agreements with all of the subcontractors that you work with that will be paid with grant funds. To ensure that all subcontractor agreements meet specifications, all such agreements will need to be submitted to the Office of Justice Programs to become a part of your grant file. We are now able to make payments to you for an advance (if requested) or expense reimbursement. If you have requested an advance we are now in the process of issuing it and you should receive it in the very near future. You will use WEGO to request expense reimbursements; the link to WEGO is http://www.wego.dps.state.mn.us. It will be up to you to determine if you want to be reimbursed on a monthly, semi-monthly or quarterly basis. Finally, we have reviewed your grant file to ensure that all required certifications and verifications have been submitted. Consider your file complete unless an item listed below is checked. If so, please submit the required item at your earliest convenience. ^ EEOP Certification Form ^ Verification of 501(c)(3) status ^ Certification Regarding Lobbying, Debarment and Drug Free Workplace ^ Other: Good luck to you as you begin your efforts. It is your grant manager's job to help you to succeed. Should you have any questions and/or requests please contact your grant manager, Jesse Standal at (651) 201-7343 or by e-mail: Jesse.Standal@state.mn.us.