HomeMy WebLinkAbout5.B.1. Authorize Participation in SWMDTF-Res. No. 6726 ~4 ~ 3 ~ c
CITY OF SHAKOPEE
Police Department
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Sergeant Chris Dellwo
SUBJECT: Resolution for Southwest Metro Drug Task Force
Participation
DATE: February 4, 2008
INTRODUCTION
The Council is asked to consider Resolution # 6726, a resolution of the City of Shakopee
regarding participation in the Southwest Metro Drug Task Force and entering into a
cooperative agreement with the Minnesota Department of Public Safety, Office of Justice
Programs as its financial agent.
BACKGROUND
For many years the state and federal governments have encouraged local law
enforcement agencies to form regional drug task forces to investigate drug law violations.
Federal and state money is distributed to these task forces to support their operation.
The Shakopee Police Department has been a member of the Southwest Metra Drug Task
.Force since its inception in 1988 and wishes to continue participating in the Task Force.
The City currently serves as the financial agent of the Task Force and has served in that
capacity for several years.
The Southwest Metro Drug Task Force was successful in securing grant funds from the
federal government to partially fund its operating expenses in 2008. The Minnesota
Department of Public Safety, Office of Justice Programs acts as the grant administrator
for the federal government.
VISIONING RELATIONSHIP
This action supports:
Goal A: Active and Healthy Community
Strategy 6: Provide High Quality Services
ALTERNATIVES
1. Offer Resolution # 6726
2. Do not offer Resolution # 6726
3. Table and provide staff with direction
RECOMMENDATION
Alternative # 1
ACTION REQUESTED
Offer Resolution # 6726, a resolution to participate in the Southwest Metro Drug Task
Force and to enter into a cooperative agreement with the Minnesota Department of Public
Safety, Office of Justice Programs as its financial agent.
RESOLUTION NO. 6726
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REGARDING
PARTICIPATION 1N THE SOUTHWEST METRO DRUG TASK FORCE
WHEREAS, the City has been a participating member of the Southwest Metro
Drug Task Force since its inception; and
WHEREAS, the Task Force has successfully brought about numerous drug
convictions; and
WHEREAS, each year the City enters into a cooperative agreement in order to
continue to participate; and
WHEREAS, the City currently serves as the financial agent of the Task Force and
has served in that capacity for several years.
WHEREAS, in the capacity of financial agent, the City has entered into a
cooperative agreement with the Minnesota Department of Public Safety, Office of Justice
Programs, to administer federal grant funds that partially fund the Task Force.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the Mayor, City Administrator, and City
Clerk are hereby authorized to enter into a cooperative agreement with the Minnesota
Department of Public Safety, Office of Justice Programs, for the project entitled
Southwest Metro Drug Task Force for the calendar year 2008.
Adopted in adjourned regular session of the City Council of the City of Shakopee,
Minnesota held this 4th day of February, 2008.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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, Minnesota 55101-5100 ("State") and City of Shakopee, Police
Department, 47b Gorman Street, Shakopee, Minnesota 55379 ("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 in Laws of Minnesota 2007, Chapter 54,• Article 1, Section 10,
Subdivision 6 for the purpose of funding the combined operations of the Criminal Gang Strike Force and Narcotics
Task Forces. The State is responsible under Minn. Stat. § 299A.641 for administration of funds for the organization
and operation of the Gang and Drug Oversight Council (Council) and the combined operations of the Criminal Gang
Strike Force and Narcotics Task Force.
3 The State is in need of services that fulfill this purpose.
4 The Grantee represents that it is duly qualified'and agrees to perform all services described in this grant contract to the
satisfaction of the State:
Grant Contract •
1 Term of Grant Contract
l.l• Effective date. January 1, 2008, 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. December 31, 2008, 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, and acts on behalf of the Southwest Metro Drug Task Force,
.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 are on file with the
State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee must meet and maintain all
conditions of eligibility for multijurisdictional task forces as detailed in the applicable Request for Proposal which
are hereby incorporated by reference 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 hereby incorporated by reference into this grant contract and made a part of this grant contract.
(1) Findncial 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 th,~;
grant, special administrative requirements deemed necessary to assure the GranteW's successful. implementaF .
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- 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.
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 $100,000.00, according to the
breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The
Grantee will submit 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) Total Obligation: The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $100,000.00.
$50,000.00 is available from January 1, 2008 through December 31, 2008.
$50,000.00 is available from July 1, 2008 through December 3 1, 2008.
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) BudgetRevisions. 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 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 fmancial 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
quarterly, but not more often than monthly and within 30 days of the period covered by the invoice for services
satisfactorily performed.
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OJP Grant Number 2008-NGTF-00492
Final invoice pertaining to the first state fiscal year of this grant contract must be received b~uly 31 2008
Reimbursements from the second state fiscal easy commence on or after July 1 2008. The final invoice
pertaining to the second state fiscal year of this grant contract must be received within 30 days after the Expiration
date of this Grant contract.
Expenditures for each state fiscal year of this .rant contract must be for services performed within the ap lip cable
state fiscal near. Every state fiscal 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 fiill
fmancial 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 Sue Perkins, Grants Specialist Coordinator, Justice and Communi .Grants
444 Cedar Street, Suite 100, St. Paul, Minnesota .55101, (651) 201-7338, or his/her successor, and has the
responsibility to monitor the Grantee's performance and the authority to accept the services provided 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 Dan Hughes, Chief of Police, Shakopee Police Department 476 Gorman
Street, Shakopee, Minnesota 55379, (952) 233-9400. 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
p~3'•
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 orLegislati~~e
Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
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OJP Grant Number 2008-NGTF-00492
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.
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 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
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 Strcte. 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.
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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.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
. Individual certifies that funds have been encumbered as
required by Minn. Stat. 16A.15 and 16C. 05.
Signed: By;
(with delegated authority)
Date: Title:
Crrant Contract No.: 2008-NGTF-0049216300-2665 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: Mayor
Date:
By:
Title: City Administrator
Date: .
By • Distribution:
Agency
Title: City Clerk Grantee
State's Authorized Representative
Date:
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OJP Grant Number 2008-NGTF-00492