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CR 2004-002 State Minnesota Grant Contract ~ "~ -J .- C\lY Of: ~ . December 19, 2003 HOPKINS Council Report 2004-002 . Authorize Execution of Depot JJAC Grant Agreement with the Minnesota Office of Justice Programs for 2004 Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution 2004-001 . Authorizing Execution of JJAC 2004 Grant Agreement for The Depot Coffeehouse. Overview The Depot has been awarded a grant in the amount of $54,000 through the Juvenile Justice Title V program for 2004. The effective term of the grant contract is January 1 , 2004 to December 31, 2004. The grant is essentially a renewal as this is the second year that The Depot has received the grant. Although the original request was for only $50,000, the JJAC committee voted to award an additional $4,000 for a total of $54,000. The grant will help to pay for payroll costs and general operating expenses related to The Depot Coffee HousefTeen Center. The grant contract must be signed and returned to the Minnesota Office of Justice Programs. The contract spells out provisions for issues such as disbursement requests and quarterly reporting requirements. . Supporting Documents . Resolution 2004-001 Authorizing Execution of JJAC 2004 Grant Agreement . Letter from Minnesota Department of Public Safety, Office of Justice Programs . State of Minnesota Grant Contract c~5~uP-- Steve Stahmer Assistant to the City Manager Financial Impact: $49.000 to Depot (net after arant writer commiss~~n) Budgeted: Y/N Source: . Related Documents (CIP, ERP, etc.): Notes: . CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2004-001 RESOLUTION AUTHORIZING EXECUTION OF JJAC 2004 GRANT AGREEMENT BE IT RESOLVED, that the City of Hopkins will enter into a cooperative agreement with the Office of Justice Programs in the Minnesota Department of Public Safety. BE IT FURTHER RESOLVED, that the City Manager and the Mayor of the City of Hopkins are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Hopkins and The Depot Coffee House. Adopted by the City Council of the City of Hopkins, Minnesota, this day of ,2003. . Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk . --- MINNESOTA DEPARTMENT OF PUBLIC SAFETY . Office of Justice Programs 444 Cedar Street, Suite 100, St. Paul, Minnesota 55101-5100 Phone: 651/284-3333 FAX: 651/284-3317 TTY: 651/205-4827 Internet: http;J/www.ojp.state.mn.us December 18, 2003 Alcohol & Gambling Enforcement Steve Mielke, City Manager Bureau of City of Hopkins Criminal 1010 First Street S Apprehension Hopkins, MN 55343 Capitol Security Driver & Vehicle RE: Grant #2004-00056 Services Homeland Secu rity Dear Mr. Mielke: and Emergency Management Enclosed are three copies of the grant agreement for the Depot Coffee House project. . Justice Programs An original signature by your authorized official is required on each of the three copies. The following forms, also enclosed, are required in order to complete State Fire execution oftms grant agreement: Marshal I Pipeline Safety . Resolution Authorizing Execution of Agreement State Patrol Traffic Safety Please return all three signed copies of the grant agreement along with the other signed documents to me at the address listed above. After the grant agreement is fully executed, I will send you a copy for your files. If you should have any questions or need additional information, please contact me at (651) 284-3334 or e-mail Ieah.1opez@state.mn.us Sincerely, ~c~~ Leah Lopez Office & Administrative Specialist Enclosures . EQUAL OPPORTUI~ITY EMPLOYER STATE OF l\1INNESOTA 4It GRANT CONTRACT This grant contract is between the State ofMillnesota, acting through its Commissioner of Public Safety, Office of Justice Programs, 444 Cedar Street Suite 100, St. Paul. MN 55101-5100 ("State") and City of Hopkins, 1010 First Street S, Hopkins, MN 55343 ("Grantee"). Recitals 1 Under Minn, Stat. & 299A.Ol, Subd 2 (4), the State is empowered to enter into tIus grant contract. 2 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. 3 Federal funds for this grant contract are provided from the Public Law 107.273, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act and Titles II and V of Juvenile Justice and Delinquency Prevention Act of 1974, as amended, for the purpose of supporting delinquency prevention and intervention efforts and juvelule justice system improvements. The State is in need of specific projects that fulfill this purpose. Grant Contract 1 Term of Grant Contract 1.1 Effective date. January 1. 2004, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date. December 31 , 2004, or until all obligations have been satisfactorily fulfilled, whichever occurs first. . 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 The Grantee, who is not a state employee, will perform all of the duties and tasks specified in the Grantee's grant application for this program, which is on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. 2.2 The Grantee will submit written reports to the State on a quarterly basis. Other requirements, if necessary and agreed to by both parties to this grant contract, will be given to the Grantee in writing by the State's Authorized Representative. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance oftms grant contract, time is of the essence. 4 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 $54.000.00, according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit a revised budget for any deviation of at least 10% or $200.00, whichever is greater, between approved budget lines in Exhibit A and the revised budget must be approved by the State's Authorized Representative before any expenditures can 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 conuIDssioner of Employee Relations which is incorporated into this grant contract by reference. The Grantee will not be reimbursed for travel and Titles II and V ] OlP Grant Number 2004-00056 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 detennining whether travel is out of state. . (3) Matching Requiremellts. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $91.500.00. (4) TotalObligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $54.000.00. 4.2 Payment (1) 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. fuvoices must be submitted tilneiy 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 satisfactorily performed. Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. 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 fiscal year(s) may commence on or after July 1 of that calendar year. The fmal invoice must be received no later than 45 days after the expiration date of this grant contract. 4.3 Federal requirements. (Where applicable, ifblank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA 16.540 and 16.548. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full 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-Federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would othelVlise 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 Circular A-133. An explanation of the Federal Audit Requirements is attached and incorporated and made a part of this grant contract. See Exhibit B. The Grantee agrees to comply with all Formula Grants Program requirements as outlined in the Juvenile Justice and Delinquency Prevention Act, as amended in 1992; the most recent OJIDP Formula Grants Consolidated Regulation (28 CFRPart 31), December 10,1996; and other applicable guidelines. The Grantee agrees to comply with the fInancial and administrative requirements set forth in the current edition of the OffIce of Justice Programs (OIP) Financial Guide. The Grantee assures that federal funds made available under this grant contract will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in absence of federal funds, be made available for criminal justice activities. The Grantee will comply with provisions of Federal law which limit certain political activities of employees of a local milt of government whose principal employment is in connection with an activity fmanced in whole or in part by Federal grants (5 USC 1501, et seg.). The Grantee will comply with the minimum wage and maximum hour provisions ofthe Federal Fair Lahor . Standards Act. The Grantee will establish safeguards to prohibit employees from using their positions for a purpose that is or gives Titles II and V 2 OJP Grant Number 2004-00056 the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. . The Grantee assures that in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Grantee or its subcontractors, the Grantee will forward a copy of the finding to the State. The Grantee assures that it will comply, and all its subcontractors will comply, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims or Crime Act, as appropriate, the provisions of the current editioIl of the Office of Justice Programs Financial'and. Administrative Guide for Grants, M71 00.1; and all other applicable Federa1laws, orders, circulars, or regulations. The Grantee will comply with the provisions of28 CPR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality . of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination'Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for hnplementing the National . Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance programs. The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or . Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the . Rehabilitation Act of 1973, as amended; Subtitle A, Title IT of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice . Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. This grant contract is subject to all applicable fedefa1 and state statutes and regulations, including, but not limited to the following: 1) 28 CPR Part 69, New 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 PIan 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 Justice Programs policies and procedures regarding the protection of human research subjects. 4) 42 use Section 3789g and 28 CFR Part 22 that are applicable to collection, 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 Representative and in accordance with all applicable federal, state, and 10callaws, 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 Carrie Wasley. Youth Programs Specialist Senior. 444 Cedar Street. Suite 100. S1. Paul. :MN 55101-5100. (651) 296-2684, or hisJher successor, and has the responsibility to monitor the Grantee's perfomiance and the authority to accept the services provided under this grant contract. If the services are Titles n and V 3 OJP Grant Number 2004-00056 _..__... ._____..___...u_.._ . : , satisfactory, the State1s Authorized Representative will certify acceptance on each invo~ce submitted for payment. . The Grantee's Authorized Representative is Steve Mielke. City Manager. City of Hopkins. 1010 First Street S. Hopkins. MN 55343. (952) 935-8484. 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 c~ntract, 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 party. 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 State1s failure to fulfill its obligations under this grant contract. 9 State Audits . Under Minn. Stat. 9 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, MinD.. 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. S 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 Grantee certifies that it is in compliance with Minn. Stat, 9 176.181, 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 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, 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 Titles II and V 4 OJP Grant'Number 20(}4..()OO56 ~ grant contract. . 12.2 Endorsement. The Grantee must not chiim 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 cont:ni.ct 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 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.~ 270.66, 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 maybe 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. . Titles II and V 5 OJP Grant Number 2004-00056 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. H 16A.15 and 16C. 05. . Signed: By: (with delegated authority) Date: Title: Grant Contract No.: 9300-1017/2004-00056 Date: 2.. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: . Agency Gtantee State's Authorized Representative . Titles II and V 6 OlP Grant Number 2004-00056 , EXHIBIT A MINNESOTA DEPARTMENT OF PUBLIC SAFETY . OFFICE OF JUSTICE PROGRAMS Grantee: City of Hopkins Program: The DEPOT Coffee House $10,000.00 $10,000.00 $36,500.00 $20,000.00 $45,000.00 . . Page 1 of1 S:\ODP\ODP\OJP Grants & Amendments\GRANTS\TitIe V\2004-00056 DEPOT Summary.doc - . . . Exhibit S, page 1 of 2 . FEDERAL AUDIT REQUIREMENTS 1. For subrecipients that are state or local Qovernments. non-profit oroanizations. or Indian tribes If the grantee expends total federal assistance of $300,000 or more per year, the grantee agrees to obtain either a single audit or a program-specific audit made for the fiscal year In accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall 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 permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an adminjstr~tive policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative poliCies in place prior to January 1,1987. For subrecipients that are institutions of higher education or hospitals If the grantee expends total direct and indirect federal assistance of$300,OOO or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMS Circular A-11 0 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit brganizations~ 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 local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions.ft 3. The audit report shall state that the audit was performed in accordance with the provisions of OMS 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 prior findings. If corrective action is not necessary, a statemeht 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 necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMS Circular A-133. . 5. Grantees of federal financial assistance from subrecipients are also required to com ply with the Single Audit Act and OMS Circular A-133. (04/03) . Exhibit B., Page 2 of 2 . 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 offederal assistance for at least four years. 8. Reauired audit reports must be filed with the State Auditor's Office. Single Audit Division. and with federal and state aaencies orovidina federal assistance. and the Department of Public Safety . within six months of the arantee's fiscal vear end. OMB Circular A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse 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 Public Safety . Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square S1. Paul, MN 55101-5126 . (04/03) _n __.~.. ..__ ____ ------ -----..