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HomeMy WebLinkAbout2005-131 CCR1 I Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2005-131 RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT WHEREAS, the City of Brooklyn Center has received an Auto Theft Prevention Grant in the sum of $134,439; and WHEREAS, it has been proposed that the City would dedicate an existing police officer to the performance of eligible auto theft prevention grant activities, along with the leasing of a vehicle and other supplies and materials used in an auto theft prevention campaign; and funds. WHEREAS, the City wishes to maximize the effectiveness of the use of these grant NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized as part of the previously authorized staffing authorization for police officers, to implement the proposed auto theft prevention grant 24-month budget which is attached hereto and incorporated by reference as Attachment I. September 12. 2005 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, and Diane Niesen; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2005-131 STATE OF MINNESOTA GRANT CONTRACT ATTACHMENT I This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Programs. 444 Cedar Street. Suite i W St. Paul. MN 55101-5100 ("State") and City of Brooklyn Center, Police Department. 6645 N Humboldt Avenue. Brooklvn Center. Minnesota 55430 ("Grantee"). Recitals 1 Under Minn. Stat. & 299A.01. Subd 2 (41., the State is empowered to enter into this grant contract. 2 State funds for this grant contract are provided under an inter-agency agreement from the Minnesota Department of Commerce in accordance with Minn. Stat. § 658.84. 3 The State is in need of projects to reduce the incidence of automobile theft. 4 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. Grant Contract Term of Grant Contract 1.1 Effective date. July 1. 2005, or the date the State obtains all required signatures under Minnesota Statutes Section 160.05, 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. Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date. June 30. 2003, 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 Activities. 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 incorporated by reference into this grant contract and is 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 hereby 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 Program's Grant Manual (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. ATP (07/05) 01P Grant Number 2006-AIP-0069 RESOLUTION NO. 2005-131 1 ATTACHMENT I 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 $134.439.00, 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 commissioner of Employee Relations which is incomorated into this Brant 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) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $134.439.00 . 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Program's 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 Program's 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 can be made based on the revised budget. Submission and approval-of a budget amendment 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 findings 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 ouarterly. but not more often than monthly. and within 30 davs of the neriod covered by the invoice for services satisfactorily nerformed. 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 final invoice nertainina to each state fiscal vear of this Brant contract must be received by July 31 of that calendar vear. Reimbursements from the next fiscal vear(s) may commence on or after Julv 1 of that calendar vear. The final invoice must be received no later than 30 davs after the Exniration date of this Brant contract. 4.4 Federal funds. (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 Title CFDA number of the Act of . 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 ATP (07/05) OR Grant Number 2006-ATPM692 RESOLUTION NO. 2005-131 requirements. ATTACHMENT I 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 Jocelvn VanKnieht. Planner Senior State. 444 Cedar Street. Suite 100. St. Paul. MN 55101-5100.651-284-3325, 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 Elizabeth Davis. Administrative Technician. Brooklvn. Center Police Denartment. 6645 N Humboldt Avenue. Brooklvn Center. Minnesota 55430.(763) 503-3162. 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 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 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. 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. ATP (07105) OJP Giant Number 2006-ATP-00692 RESOLUTION NO. 2005-131 ATTACHMENT I 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 anytime, 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 b the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Age t. Upon termination the Grantee is entitled to payment for services actually performed and agrees to return any un sed funds to the State. 14.3 Termination f r Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding m the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient t 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 pet formed 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 fund s. 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 tux 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ATP (07/05) OJP Grant Number 2006-ATP400692 RESOLUTION NO. 2005-131 1. ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stai. yip 16A.15 and 160.05. Signed: Date: Grant Contract No.: 2006-ATP-00692/9300-1733 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: 1 ATP (07/05) 01P Grant Number 2006-ATP4)0692 ATTACHMENTI 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State's Authorized Representative 5 RESOLUTION NO. 2005-131 ATTACHMENTI EXHIBIT A 1 I~~Nt0FPU~ OFFICE OF JUSTICE PROGRAMS 1 Grantee: Brooklyn Center Police Department Grant Number: 2006-ATP-00692 ~rArt:cv Program Component: Auto Theft Prevention: Auto Theft Prevention ° Budget Category Grant Funds Personnel $121,306.00 Contract Services Program Expenses Total $8,413.00 $4,320.00 $134,439.00