HomeMy WebLinkAbout[04d] GrantC~'I'Y pF ST. J[hF•1'H
Council Agenda Item 4 d
MEETING DATE:
September 4, 2008
AGENDA ITEM: Grant -Requested Action: Authorize the execution of grant
agreements between the State of MN and the City of St. Joseph providing for funding for alcohol
enforcement issues through two programs: compliance check and underage alcohol consumption.
SUBMITTED BY:
Pete lansky, Police Chief
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: Over the past years the City has participated in State programs for
alcohol enforcement. The participation in these grant programs help offset the cost that the City
encounters regardless of funding opportunities.
BACKGROUND INFORMATION: The first of the two grants is for alcohol/tobacco enforcement. This
funding opportunity provides for up to $780, $ 30.00 per establishment checked. The grant period
extends through April 30, 2009.
The second grant program is for alcohol enforcement targeting adults selling alcohol to minors. The
grant provides for funding up to $ 1,120 and reimburses the City for officer overtime and benefits. The
City has used this funding opportunity in the past to enforce alcohol matters in the rental housing units.
Typically the department will hire an individual to go into house parties to see if alcohol is being sold.
BUDGET/FISCAL IMPACT: Revenue offset of $ 1,120 for enforcing minor alcohol consumption and
up to $ 780 for alcohol/tobacco compliance.
ATTACHMENTS:
Grant Agreeement
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the grant
agreement between the State of Minnesota and the City of St. Joseph accepting the grant for alcohol
enforcement as it relates to minor consumption and accepting the grant for alcohol/tobacco
compliance.
~~~~~~®
STATE OF MINNESOTA ~v ~ ~ ~ 2008
Grant Contract No. 9100-1093
GRANT CONTRACT CITY OF ST JOSEPH
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety. Alcohol 8t Gambling
Enforcement Division. 444 Cedar Street. Suite 133 Town Square St Paul MN 55101-5133 ("State") and Citv of St JQsgph,
StSt. 7osenh Police Department. 25 College Ave N. Box 268. St. Joseph. Minnesota 56374 l"Grantee").
Recitals
1 Under Minn. Star. § 299A.01. Subd 2 (4) the State is empowered to enter into this grant contract.
2 Federal Funds far this grant contract are provided under the U.S. Department of Justice's Enforcing Underage Drinking
Laws Program to enforce underage drinking laws and educate alcohol retailers and establishments regarding underage
drinking laws.
3 The State is in need of alternate enforcement activities by local jurisdictions to address underage persons in possession of
alcohol
4 The Grantee represents that it is duky qualified and agrees to perform all services described in this grant contract to the ,
satisfaction of the State.
Grairt Contract
1 Term of Grant Contract
1.1 EJJedive date: July 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 4.2 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: Apri130.2009. or until all obligations have been satisfactorily fitlfilled, 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
The Grantee, who is not a state employee, will:
2.1 Conduct independent investigations of adult providers of alcohol and underage use of alcohol as specified in the
Grantee's Alternate Enforcement Grant Application, Attachment A, which is attached and incorporated into this
grant contract and in the applicable application guidance that is incorporated by reference and made a part of this
grant contract. The approved investigation is for surveillance activity as described in Attachment A. Grantee's
employees will only be reimbursed for hours that officers work on a day off or on a shift extension.
2.2 Report findings back to the State using the State approved reporting form. The State may modify ~ change all forms
at their discretion during the grant term.
2.3 Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty
pursuant to Minn. Star. § 340A.415.
2.4 Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular
A-133. Federal Audit Requirements is attached and incorporated and made part of this grant contract. See
Attachmern B.
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 excced $1.120.00, for reimbursement of
officer actual overtime. including fringe benefits_ for conducting independent investigations of adult providers of
alcohol and underage use of alcohol under this program.
au«nace F.~ o6ios
Grant Contract No. 9100-1093
(2) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed 1 120.00.
4.2 Payment
(1) Invoicex 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 work satisfactorily performed using the form provided by the State.
Final invoice must be received no later than 30 days after the Expiration date of this grant contract.
(2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will
be made from federal fimds obtained by the State through CFDA number 16.727 of the Appropriations Act for
the Department of Commerce. Justice. State._the Judiciary and Related Axen~ies of_1999 and amendiments
ther~~o. 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.
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 unsatisfactrny or performed in violation of federal, state, or local law.
Authorized Representative
The State's Atrthorized Representative is Marlene Kjelsberg~Supervisor. 444 Cedar Street. Suite 133 Town Square
St. Paul MN 55101-5133.651201-7503, or her successar, 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 Chief Peter Janskv. St. Joseph Police Department. 25 College Ave N,
Box 268. St. Joseph. MN 56374 (320) 363-8250. If the Grantee's Authorized Representative changes at auy time
during this grant contract, the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assign nor transfer a~ 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 A'aiver. 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 Contras Compld~ 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.
Alternate Enfot 06/08
Grant Contract No. 9100-1093
Liability
The Grantee must indemnify, save, and hold tbe State, its agents, and employees harmless from arty claims m 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 arty legal remedies the Grantee
may have for the State's failure to fulfill its obligations under this grant contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Granee'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 m 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, m disseminated by the Grantee under this grant contract. The civil remedies of
Mirm. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee m 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 instructiaris 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 Grantce'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 arty act m omission on the part of these employees are in no way the
State's obligation m responsibility.
12 Publicity and Endorsement
12.1 Aublicrty. Any publicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prim written approval from the State's Authorized
Representative. Fm purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by m for the Grantee individually m
jointly with others, m auy subcontractors, with respect to the program, publications, m 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 fm 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, Minmesota.
14 Termination
14.1 Termination by the State The State may cancel this grant contract at arty time, with m without cause, upon 30
days' written notice to the Crrantce. Upon termination, the Grantee will be entitled to payment, determined on a
pro rata basis, fm 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, m other funding source; m if fimding cannot be continued at a
level sufficient to allow for the payment of the services covered here. Termination must be by written m fax
notice to the Grantee. The State is not obligated to pay for arty services that are provided after notice and effective
Altemste Enforcement 06/08
Grant Contract No. 9100-] 093
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 fiords are available. The State will not be assessed arty 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.
14.3 Termination for Failure to Comply. The State may cancel this grant contract immediately if the State fords
that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been
made or that the purpose for which the fiords were granted have not been or will not be fulfilled, the State may
take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and
requiring the return of all ~ part of the fiords already disbursed.
1S Data Disclosure
Under Minn. Stat. § 2700.65, 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 certtJles that funds have been encumbered as
required byMtnn. Swt §§ I6A.1 s and 160 OS. By:
(with delegated autltority)
gib: Title:
~: Date:
Grant Contract No.
Z GRANTEE
The Cvantee cerd~es shot the appropriate person(s)
have executed thegrant contract on behalf of the Grantee as
required by applicable articles, bylaws, resolutions, or ordinances. s i 9 n
By Here
Title:
Date:
Title:
Date:
Distribution:
DPS/FAS
GtanRce
State's Autha~ized Representative
Alternate F~forcement 06108
'03/26/2008 09:28 3202299444
ST JOSEPH PD
~w'` ~N Departla~aent of Pub~lc Safety
a~aa~ Alcohox & Gambling Enforcement
Alternate Enforcement Grant AppXication
(A,ttaclunent A)
Date of Application: 05/28/08
Law ]~nforcement Agency Nanne: St. Joseph Police Department
Chief Law Brzforcemeztt Of'Ficer Name: l'cter E. Jansky.
l~cpartment Address: 25 College Ave N., $ox 268, St. Joseph, MN 56374
Department E-Mail address: pja»slcy@cityofstjoseph.com
Law Enforcement Grant Applicant Name: Peter E. Janslcy
Applicant Pf~onc Number: 320-363-8250
Federal Employer ID #: 416008146
Number. of sworn officers in department: 10
MN Tax lU #: 8031257
Anticipated dates when alternate enforcement activities will be done;
Septexnb~l4ctober 2008
April/Ahay 2009
Number of off`iccrs needed foz enforcement activity; 2-$ Officers
Number of hour's activity would be done (per officer): 6-8 Hours
In detail, describe the Alternate Enforcement Activity your agency would do?
(Attach additional page if nxessary):
PAGE 02
Attachment A
Page l of 2
The City of St. Joseph has four institutions of higher learning in the area St. Joseph is home Lo the College of
St. Benedict and St. Johns University. Both colleges have a combined enrollment of approx 4000 students. Ten
miles further down the road is St. Cloud State University and Minnesota Technical College in St. Cloud.
'xhere arc approx. 30+ party houses along with a large number of apartments and done rooms occupied by
collogc students. On any given weekend. with nice weathez, there can be as many as 20 plus party's going on at
the same tune. 1Vlost of the persons attending these party's are underage and consume large amounts of alcohol.
We have in the past two to throe years had more than a dozen close calls on persons who have had to be
transported to tic hospital for alcohol poisozting.
4'
Page 2 of 2
Money from this grant has and will cover extra patrols needed for events. such as Homecoming, Pinestock and
Senior Farewell to name a few. We will aggressively target the party areas with officers assigned to unmarked
vehicles, bike patrol or foot patrol. These officers are in on overtime and do only special party house patrol.
The St. Joseph Police Department has a zero tolerance on alcohol violations and is very aggressive in its
enforcement. Persons violating the law are cited. Persons found selling alcohol and selling to underage persons
are prosecuted to the full extent of the law.
Working officers exclusively in these areas has resulted in a large number of arrests. This is a direct result of
the Alternative Enforcement Grants that we have received in the past. We hope that with the assistance from
the grant, we can keep working hard on keeping alcohol out of the hands of underage persons. Any and all
assistance is greatly appreciated.
Thanks you for your consideration on this grant application.
Exhibit B, page 1 of 2
FEDERAL AUDIT REQUIREMENTS
Forsubreciaients that are state or local aovemments non-arofit organizations or Indian tribes
If the grantee expends total federal assistance of x500,000 or more per year, the grantee agrees do obtain
either a single audit or a program~specfic audit made for the fiscal year in accordance with the terms of
the Single Audit Ad Amendments of 1996.
Audits shall be made annualty unless the state or local govemment 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 govemment so requests. Itshall
also honor requests for biennial audits by governments that have an administrative policy calling for aud'~ts
less frequent than annual, but only aud'~ts prior to 1987 or administrative polices. in place prior to
January 1,1987.
For subrecoierrts that are institutions of higher education or hosatals
ff the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the
grantee agrees to obtain a financal and compliance audit made in accordance with OMB Circular A-110
'Requiremerrts for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organ¢ations'
as applicable. The audit shall cover either the entire organization or all federal funds of the organization.
The audit must determine whether the subrecpient 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 spate or local govemment
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.'
3. The audit report shalt state that the audit was pertormed in accordance with the provisions of OMB Circular
A 133 (or /110 as applicable).
The reporting requirements for audit reports shall be in accordance with the American Institute of Certified
Public Accounts' (AICPA) auditguide, "Audits of•State and Local Governmental Units,' issued in 1986.
The federal govemment has approved the use of the audit guide.
In addition to the audit report, the recpient 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 statement 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 financal statements as
may be necessary for the grantor to comply with the Single Audit Ad Amendments of 1996 and OMB
Circular A 133.
5. Grantees of federal financial assistance from subrecpieMs are also required to comply with the Single
Audit Ad and OMB Circular A 133.
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
llOM51
Grant Contract No. 9100-1085
STATE OF MINNESOTA
GRANT CONTRACT
This gent contract is between the State of Minnesota, acting through its Commissioner of Public Safety. Alcohol & Gambling
Enforcement Division. 444 Cedar Street. Suite 133 Town Square. St. Paul. MN 55101-5133 ("State") and City of St. Joseph.
St Joseph Police Department 25 College Avenue North Box 268. St. Joseph. MN 56374 ("Grantee").
Recitals
1 Under Minn. Stet. § 299A.01. Subd 2 (4) the State is empowered to enter into this gent contract.
2 Federal Funds for this grant contract are provided under the U.S. Department of Justice's Enforcing Underage Drinking
Laws Progam to enforce underage drinking laws and educate alcohol retailers and establishments regarding underage
drinking laws.
3 The State is in need of a compliance checks program by local law enforcement of liquor establishments within their
jurisdiction.
4 The Grantee represents that it is duly qualified and agrees to perform all services described in this gent contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Efjedive date: July 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
reimbwsement for expenditures incurred pursuant to Clause 4.2 of this grant contract. lteimbucsements will only be
made for those expenditures made according to the terms of this gent contract.
1.2 Expiration date: Apri130.2009, 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 gent 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 Gra~ee's Duties
The Grantee, who is not a state employee, will:
2.1 Conduct independent compliance checks at licensed liquor establishments within their jurisdictions as specified in the
Grantee's Compliance Check Grant Application, Attachment A, which is attached and incorporated into this grant
contract and in the applicable application guidance that is incorporated by reference and made a part of this grant
contract.
2.2 Report findings back to the State using the State approved reporting form
2.3 Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty
pursuant to Mimi. Stet. § 340A.415.
2.4 The State may modify or change all fornos at their discretion during the gent term.
2.5 Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular
A-133. Federal Audit Req~rirements is attached and incorporated and made part of this gent contract. See
Attachment B.
3 Time
The Grantee must comply with all the time requirements described in this gent 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 gent contract as follows:
(1) Compensation. The Grantee will be paid an amount not to exceed 780.00 based on the following
method of payment: 530.00 per com,~leted compliance check.
(2) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under
this gent contract will not exceed 780.00.
~~ cox ot~oa
Grant Contract No. 9100-1085
4.2 Payment
(1) Invoicex 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 work satisfactorily performed using the form provided by the State.
Final invoice must be received no later than 30 days after the Expiration date of this grant contract.
(2) 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 CFDA number 16.727 of the Appropriations Act for
the Department of Commerce Justice State the Judiciaryand Related Agencies of 1999 and amendments
~. The Grantee is responsible for compliance with all federal requirements imposed on these funds and
accepts full financial responsibility for arty requirements imposed by the Grantee's failure to comply with
federal requirements.
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.
Authorized Representative
The State's Authorized Representative is Marlene Kjelsberg Supervisor 444 Cedar Street. Suite 133 Town Square
St. Paul MN 55101-5133.651201-7503, or 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 Chief Peter Jansky St Joseph Police Department. 25 College Avenue
North. Box 268. St. Joseph. MN 56374 (320) 363-8250. If the Grantee's Authorized Representative changes at arty
time during this grant contract, the Grantee must immediately notify the State.
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. Arty 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 arty provision of this grant contract, that failure does not waive the provision
or its right to enforce it.
?.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.
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from arty 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 Caantee's agents or employees. This clause will not be construed to bar arty legal remedies the Grantee
may have for the State's failure to fulfill its obligations under this grant contract.
~~ o6ros
Grant Contract No. 9100-1085
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 instnrctions 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. Auy
claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and arty claims
made by a~+ 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 foz 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 lry 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 jor Insufficient Funding. The State may immediately terminate this grant contract if it does not
obtain funding from the Mumesota 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 aril effective
date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services
Camplisne Check06/08
Grant Contract No. 9100-1085
satisfactorily performed to the extent that funds are available. The State will not be assessed arty penalty if the
grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate fiords. The State must provide the Grantee notice of the lack of funding within a reasonable time of
the State receiving that notice.
14.3 Termination for Failure to Comply. The State may cancel this grant contract immediately if the State finds
that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been
made or that the purpose for which the fiords were granted have not been or will not be fiilfilled, the State may
take action to protect the interests of the State of Minnesota, including the refi>sal to disburse additional fiords and
requiring the return of all or part of the funds already disbursed.
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 Mnmesota 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 inaction
requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state
liabilities.
i. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies Hurt fumis have been encumbered as
required byMinn. Staff §§ 169.1 S and I6t;.05. By.
(with delegated authority)
g;~~; Title:
Date: ~=
Grant Catttract No.
Z. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract on behalJ'of the Grantee as
required by applicable articles,. bylaws, resolutions, or ordinances.
Title:
Date:
By.
Title:
Date:
Sign
Here
Distribution:
DPS/FAS
Grantee
State's Authorized Representative
Compliance Cbeck 06/08
~ +~`" ~~~~ MN Department of Public Safety
~~,.;~~,r,, vtn~„~u~t~ Alcohol & Gambling Enforcement
Compliance Check Grant Application
(Attachment A)
Date of Application: 05/28/08
Law Enforcement Agency Name: St. Joseph Police Department
Chief Law Enforcement Officer Name: Peter E. Jansky
Department Address: 25 College Ave N, Box 268, St. Joseph, MN 56374
Department E-Mail address: pjansky@cityofstjoseph.com
Law Enforcement Grant Applicant Name: Peter E. Jansky
Applicant Phone Number: 320-363-8250
Federal Employer ID #: 416008146
Number of sworn officers in department: 10
MN Tax ID #: 8031257
Anticipated dates when establishment compliance checks will be done:
Round # 1: September 2008
Round # 2: April 2009
Number of alcohol licensees in your jurisdiction: ~3
Of total licensees, number of each below:
Business Tvue
- Convenience Stores:
- Grocery Stores:
- Golf Courses:
- Restaurants:
- Off Sale (liquor stores):
- On Sale (bars):
- Other (specify below):
- St. Joseph Rec. Assn
- St. Joseph Baseball
# of each licensee in community
0
0
2
2
7
2
Attachment A
Page 1 of 1
Exhibit B, page 1 of 2
FEDERAL AUDR REQUIREMENTS
1. Forsubreapients that are state or local ctovernments non-profd organizations or Indian tribes
If the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain
either a single audit or aerogram-speafic 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 shalt permit biennial audits, covering both years, if the govemment so requests. Rshall
also honor requests for biennial audits by governments that have an administrative potiC,y calfing for audtis
less frequent -than annual, but only audits prior to 1987 or administrative policies in place prior to
January 1,1987.
For. subreapients that are institutions of hioher education or hospitals
ff the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the
grantee agrees to obtain a finanaal and compliance audit made in accordance with OMB Circular /110
`Requiremerrts for Grants and Agreemer~s with Universities, Hospitals and Other Nonprofit Organizations"
as applicable. The audit shall cover either the entire organization or all federal funds of the organization.
The audit must determine Whether the subrecipient spell 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 govemment
auditor or a public accountant who meets the independence standards specified in the General AoDOUniing
Office's'Standards for Audit of Governmental Organizations, Programs, Activfies, and Functions "
3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Grcular
A 133 (or A 110 as applicable).
The reporting requirements for audit reports shall be in accordance with the American Insbihate of Certified
Public Accounts' (AICPA) audit.guide, `Audits of•State and Local Governmental UniLs,' issued in 1986.
The federal govemment has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the findings and recommendatior>s
in the report, including a plan for corrective action taken or planned and comments on the status of
corrective action taken on prior findings. ff corrective action is not necessary, a statement 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 finanaal statements as
may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB
Circular A 133.
5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single .
Audit Act and OMB Circular A 133.
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
lIOMSI