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99-1125aRIGINAL �� Council File # q � \ a15 Green Sheet# 104525 Presented By: RESOLUT`ION CTI'Y OF SAINT PAUL, MINNESOTA Referred To: Committee:Date: 1 2 WHEREAS, the City oF Saint Paul Police Department has received a$50,000 Safe and Sober Grant from the 3 Minnesota Department of Public Safety for the period October 1,1999 through September 30, 2000, and 4 5 WHEREAS, this grant is to be used for additional po6ce tr�c patrol on specrtic dates and for lasedradar 6 equipment necessary for traffic patrol; and 7 S R'HEREAS, the police department needs to establish a spending and financing plan for the Safe and Sober 9 grant funds spent and received in 1999; and 10 11 WT�REAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 12 there are available for appropriation funds in excess of $13,500 of those estimated in the 1999 budget; and 13 14 WHEREAS, The Mayor recommends that the following addition be made to the 1999 budget: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 FINANCING PLAN: 001 - General Fund 04100 - Operations 3199-40057 - Other Federal Direct Grants-State SPENDING PLAN: 001- General Fund 04100 - Operations 0141- Overtime 0439 - Fringe Benefita 0845-40057 - Other-Specialized Equipment CURRENT AMENDED BUDGET CIiANGES BUDGET 13,500 13,500 7,300 7,300 1,200 1,200 5,000 5,000 THEREFORE BE TT RESOLVED, that the City Council accept this grant award in the atnount of $50,000 for increased traffic patrol, authot�zes Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, and approves the changes to the 1999 budget. Requested by Dep�artment of: Adopted by Council:Date: » \�q9 �� Adoption Certified by Council Secretary: ��- s Appr s By: .J, l� O� � Ap oval Recommended y Budget Director: By: Form ro e by Cit A y: s Approved ayor f r Sub iss�on to Council: B Safe&SObar.cr.99 DEPARTMENT/OFFlCECOUNCIL DATE INITWTED PoliceDepar(ment 11/1/99 GREEN SHEET No. 104528 CONTAC PERSON HON INmnuoA7E mmnvoAie c��F�� 292-3588 � 0@ARTY@ITpRECTOR or q s�� 4 g-��as MUST B ON COUNCILAGENDA B(DATE) Please process ASAP 3�n�n.row�v� �arvc�m�c �RWYJ4LSFAVICESWL� �FNFNCNLSENV/ACCTC. �WRWRASSSfIWT)� � ta�wnPN'ilf5 ��i TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Apprwal of the attached council resolution authorizing the Saint Paul Police Department to enter into an agreement with the Minnesota Department of Public Safety for a Safe and Sober grant and estaUlishing a 1999 spending and financing plan for this grant. RECOMMENDATION A�lPfOVe (A) Of REjeCt (R) PERSONAlSERVICE WNTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has this perso�rtn ever worketl under a coMrect for this deparimem7 PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this perso�rm ever been a ciry employee? CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirm possess a sMll not nortnally possessetl by any curcent city employee� YES NO 4. Is this persanmrtn a tergeted vendoR YES NO Explain alI yes answers on separate sheet and anach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHA7, WHEN, WHERE, WHV) The State of Minnesota Department of Public Safery has awazded a$50,000 Safe and Sober grant to the Saint Paal Police Department for traffic control Oc[ober 1, 1999 through September 30, 1999. A financing and spending plan needs to be established for anticipated grant overtime and equipment purchases in 1999. ADVANTAGESIFAPPROVED The SainR Paul Police Department will receive a grant to increase traffic control in Saint Paul. DISADVANTAGESIFAPPROVED ` ' ' - s'�� YF_s: � None. ��a��5 �:� DISADVANTAGESIPN07APPROVED �J� '" 3J , 6. . _ �`.�i'`te�F��`: L�`.+`-��,-P:�Q..t� , .a, ..�'-'"v_� �F'�'' P Loss of grant funding. �° �� `� � , �-�T� �,:P..; ?� �' �A�9 g��= � , .. ;.�,, TOTAI AMOUNT OF TRIWSACT{ON S 13,500 COSTIREVENUE BUDGETED (CIRCLE ONE) YES NO PUNDING SOURCE $1ffiC Of NIN DCp81'�IDCIIt Of PUb11C $2{C1y ACTIVITY NUMBER 04100 FINANCIAL INFORMATION (EXPL4IN) �� Safe&Saber.gs.99 QRIGlNA� GRANT AGBEEMENT BETWEEN THE Q 14IINNESOTA DEPARTMENT OF PIIBLIC SAFETY t� '�� ANTD THE ST. PADL POLICE DEPARTMENT/TRAFFIC DIVISION Federal Funds pxovided nnder U. S. Department of Transportation's Siate and Community Highway Safety Program, Federal Catalog Number 20.600. ;:.$.:. S>:::; ...��'.::'.'v'S:::sN3:l'.J.'o ::..`j::'.:�"_`.`::5{;):�:L�.�:l f'c�o`>::?:w::::.ii::'7a'i� i'i ;.>1,3'��'(',::':':A', l:i:� ;; . ;,�a�ct ��tsusf. - - r. �I�nnbrs113ate�ri[ryTuiftais...,.... :. ' Order: ��(�� — 0� � — Nuwber/DatelSignature (lndividua( signing certifies thatfunds have been encum6end as rnquired byMinn. Smt. 16A.15 and 16C.05.) NOTICE TO GRAN7'EE: You are tequired by Minnesds Slatufes, Sadion 270.66 W provide �yOUr aocial aeauity numba or Fede�al employer tax identification number ar�d Minnesow tax identificafiao number if you do buaween with the Sfafe of Mimeaota 1Lis mf'rnmati� may be used in the enforcement of federxl aad state tax Iaws. Supplyingihese numbas could resuk in action W requice you tu file %tate iac rehuns and Pay deGn9°e�d state ta� tiaeili�+�s. 71�% co�rtract will not be avoroved unle:s tfiese numbecs are orovided. TLeae numbe�a will be available in fzderal and state tas wthaities aad �ate pasonnel mvdved in aQproving the contract and ihe payment of slate obligationc Grantee Name and Address: St Paul Palic� Deptarment/Tr�c Division 100 �c 1 i Sueer St. Paul, MN 55101 Soc. Sec. ar Fedaal Fmploya 1 D. No. 416005321 Minneads Tax LD. No. ('if applicable) 0080250956 THIS PAGE OF THE CONTRACT CONTAINS PRIi�ATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR If you circulate this contract internally, only ofjces that require access to the tar ident�cation mrmber AND all individuals/offtces signing this contract shauld have access to this page. cn0003z-0c (ov-ov-v9) Minnesota Saje & Sober Grant pub&c safuyrrras,c satzry « Agency» Processing 7nformation: (Some entries may not apply) ReqniSlriOn: � (� —J `I � � G� I �I ��. � Number/Date/Entry Imv�Tals� °t°� -� �aS The pazties to this agreement are the Department of Public Safety of the Siate of Minnesota Lereinafter referred to as "Public Safety," and the St Paul Police Deoartment/Traffic Division , address 100 East 11'� Street. Sk Yaul. MN 55101 , hereinafter referred to as the "Grantce." WHEREAS, pnrsuant to Minnesota Stahrtes 4.075, Public Safety has been designated as the appropriate agency to receive, allocate and disburse federal monies provided under the National Highway Safety Act of 1966 (Public I,aw 89-564) as amended, and: WHIItEAS, Public Safety has a F.ighway Safety project entitled Safe & Sober Communities , number 00-02-03 funded under t3ris law, and: WHEREAS, the Grantee is authorized pursuant to Minnesota S�stutes 4.075 to receive such funds as may be available for such pucposes and has obtained a resolufion authorizing the gant from their city council or county board of comwissioners (the resolution is E�ibit I, which is hereby incorporated by reference and made a pazt of this ageement); Now, therefore, the parties agree as follows: 1. Terms of Grant A¢reement This grant agreement shall be effective on October 1, 1999 , or upon the date that the Tnal required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision-2, whichever occurs later, and shall remain in effect until Sentember 30 , 2000 , or until all obligaflons set forth in this grant ageement Lave been satisfactorily fulfilled, wluchever occurs first. The GRANTEE understands that NO work should begn under this Grant until AI.L required signatures have been obtaiued and GRANTEE is notified to begiu work by Public Safety's Authorized Representative. 2. Grantee's Duties The Grantee wil1 participate in the Saje & Sober campaign, a program which seeks to increase compliance with traffic safety laws, with emphasis on driving while impaired and passenger protection by ent�anced enforcement of those laws coupled with educaUon and media relations. The two-pronged approach is designed to increase the public's perception of the likelihood of suffering negative consequences if they fail to comply. CD00032-06 (9-9-99) Minnesota Safe & Sober Grant, Task r�,bt�c sae�yirBao s�r�y Page 1 °�°t -11�.5 sacuraays inclnde up w aawn on sunaays. Panicipaiion is de5ned as: A Scheduling and conducting apProximately 174 hours of additional (tLat is, not regulazly scheduled) tiaffic pauol during the fi:st, fourth, fifth, and seventh Safe & Sober enforcement periods and approaimately 58 hours of additional Uraffic patrol the second, third, and sixth Safe & Sober enforcement periods. B. Scheduling and conducting approbmately 0 hours of additional vaffic patrol outside of the seven Saje & Sober enforcement periods. C. These traffic patrols will be conducted using only those officers whom Public Safety approves as eliglble. Eligibility is defined as completion of Occupant Protection Usage and Enforcement (OPUE) and Standardi7,ed Field Sobriety Testing (SFS'I) courses for agencies participating for a first year in the gant progam and those courses, as well as Advanced SFST: Dnigs That Impair, for agencies participating for a second or subsequent year in the gran[ progam. D. Scheduling and conducting informal seat belt surveys after each enhanced enforcement period. In addition, a infoimal seat belt survey will be required before the November wave of enforcement to establish a baseline for the community. E. Informing the media of the Safe & Sober program and keeping them apprised of results and focus issues. Through the media and other ouUets as decided by the Grantee, infomung the public of the program and focus issues. F. Submitting a written p3an for the enforcement and publidmedia relations befoze each wave by Novembei 17, 1999; Febmary 10, 2000; March 8, 2000; April 26, 2000; June 20, 2000; July 21, 2000 and August 19, 2000 on a form provided by Public 5afety. G. Submitting a written report on the enforcement and public/media relations results of each wave on Januazy 8, February 28, March 28, June 1Q July 19, August 5, and September 16 (all in 2000) on a form provided by Public Safety. H. Submitting a final R2itten :eport ��mmar;�ng the results of all seven waves, and describing progress made towards reaching each objective and the special project undertaken (if any) no later than November 15, 2000. The final report shall be submitted at the same time as the final claim for reimbursement. I. Striving to achieve 2 contacts (vehicle s[ops) per hour of additional enforcement, l�alf (50%) of wlrich result in a citation and one/fifth (20%) of which relate to seat belts or child seat ci[ations or wanrings. Arrests where a person is remwed from the vehicle and taken into custody aze considered the equivalent of four vehicle stops in the sevencounty meVOpolitan area and six vetucle stops in the eighty-county geater Minnesota area. J. Shiving to increase D WI arrests by l�rcent (from 200 to 220 ). K. If applicable, (whex the grantee is the lead agency in a grant covering two or more enforcement agencies); cnmmari�e the plans, reports, and invoices for the N/A enforcement agencies into a single plan, report, and invoice for each wave of the program and submit it to Public Safery. (Chief enforcement officers from each agency covered by this gant ageement must sign tlus agtcement — see signature page.) CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task Public Safery/1'�affic Safety Page 2 qq -��as L. Contact the Air Bag SafetyBuckle Up America Campaign to receive materials related to the program to mobilize America to buckle up kids. 3. Terms for Reimbursement A Public Safety s3iall reimbiuse the Grantee up to a ma�mum of S 50.000.00 for the costs incurre3 by the Grantee in performing the tasks in Section 2 of this ageEment This reimbursement will be made from funds made available through the HighwaY Safety Act of 1966 (Public Law 89-564) and amendments thereto. The Crrantee shall be reimbursed only for those costs that the budget in Section 4., of tLis agrcement specifies to be reimbursable costs. In addition, Public Safety will reimbwse the Grantee only for such of these costs that Public Safety, in its sole discre[ion, considers to be reasonable and consistent with the cos[ Sgures that are in Section 4 of Uus ageement B. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Grantee. Claims for reimbutsement shall be submitted by the Grantee on forms provided by Public Safety. Claims for reimbursement may be submitted as often as monthly; a claim must be submitted within two months of the end of each Safe & Sober wave. Final claims shall be submitted by November 15. 2000. The final claim shall be accompanied by the final report. C. All claims for reimbursement shall be supported by written documentalion including receipts, invoices, travel vouchers, and project time reporLS. A signed Highway Safety Equipment Record card (form DPS 7304) for each piece of equipment costing $5,000.00 ot more must be submitted with the daim for reimbursement before payment can be made. D. Reimbursement for costs will not be paid on any encumbrance made by the Grantee prior to October 1. 1999 (or prior to the date that the last signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subd. 2, wlrichever occurs later) or after Sentember 30. 2000 ,unless reques[ed in writing by the project director (or a successor) who signed this agreement on behalf of the Grantee assd if appmved by Public Safery's Office of Traffic Safety, resulting in an amendment to this ageement. E. The Grantee st�all not be reimbursed for expense incurred for work found by Public Safety to be unsatisfactory or performed in violaflon of federal or state laws and regulations. F. This gant agreement is contingent upon the State of Minnesota and Public Safeiy's receiving funds under the Highway Safety Act of 1966 (Public Law 89-564), as amended, for the purposes of reimbursing the Grantee for the costs set forth herein If for any reason the State of Minnesota or Public Safety is proltibited in any way from using such funds to reimburse the Grantee for any of the costs set forth herein, then this agreemant shall be null and void and the State of Minnesota and Public Safety shall have no direct nor indirect obligation to reimburse the Grantee. CD00032-06 (9-9-99) Minnesota Saje & So6er Grant, Task r�bi�c s�ayrr�s� s�� Page 3 a`t ��.s 4. Auomved Bndeet The budget to be reimbursable from federa1402 funds for this Safe & Sober project is approved as follows: Item Enforcemeut Hours and Fringe Benefits minidrati� HOt1rS and FIingC BCIICfitS F4uiPment �s�i6c equipment listed) Operating Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purcbase of Incentives or Materials TOTAL 5. General Provisions of Grant A. Additional Enforcement Amoant 542,500.00 S2 S5,000.00 50.00 ao.00 50.00 550,000.00 a) Pubiic Safety shall reimbu�se the Grantee only foi the actual hours worked on the tasks and for other eligible costs only if they aze actually incurred in perfornung the tasks. Personnel costs shall be reimbursed on the basis of hourly salary rate(s) that have been verified and approved by Public Safety. A first list of hourly salary and fringe benefit rates of eligible officers must be received by Public Safety no later than November 17, 1999. Changes in salary and fringe rates and eligible officex� as they occur in the workplace are subject to approval by Public Safefy on a continuing basis unlil the end of the grant agreement. b) Reimbursement will be for actoal overtime hours worked and for ac[ual fringe benefits paid on those hours. Any alternate plan for claiming direct labor and related fringe costs must be submitted to and apprwed by Public Safery before the grant begins. B. Travel The Grantee may be reimbursed for Uavel and subsistence e�cpenses in accordance with, but not to exceed, the current Commissioners' Travel Plan, and the budget in Section 4., of Uris agreement. T'he Grantee shall not be reimbursed for travel and subsistence incurred outside the state of Minnesota unless it tias received prior written approval for each such trip from Public Safery. C. ui men[ a) Purchase of equipment or seivices by the Grantee shall comply with all procurement procedures and laws tl�at apply to the Grantee's purchase of similar equipment or services in the performance of its duUes other than iu duties under this ageement b) Any equipment purchased under this agreement shall be used primarily for traffic safety puiposes during the life of the equipment. The Grantee may not deviate from this requirement, and may not dispose of any equipment unless it has first obtained written permission from Public Safery. CD00032-06 (9-9-99) Minnesota Saje & Sober Gran[, Task Pubiic Safety/f�c Safzty Page 4 ` Y � 1�7�. ? c} The C,iantee shall be responsible for all opecating, maintenance, and iepair costs of equipment puccLased under tivs ageement unless othecwise specified Title to equipment acquired under this ag�ement will vest upon the gantee. D. Indirect Costs Indirect rnsts st�all not be reimbursed under this agreement E. Records and Dacumenhtion a) The Grantee shall be responsible for keeping records tl�at fully disclose the amount and disposition of funds and the total cost of the progaws or projeds for which the funds aze provided. T'he accounting procedures utilized by the Grantee shall provide for the accunte and timely recording of the receipt of funds and expenditures. b) The Uooks, records, documents, and accounting pracedures and practices of the Grantee relevant to this agreement are subject to examination by Public Safety, by either the legislative auditor or state auditor as appropriate, and by the federal government for a minimum of six years from the end date of this ageement. - c) Grantee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public law 98- 502) and Office of Management and Budget Circulaz A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorponted by reference. d) All accounts and records shall be retained by the Grantee for a period of six years after completion of the final audit or until all litigatioq claims, or audit findings involving the records have been resolved, whichever is later. F. Ownership of Documents Nl reports, studies, photographs, negatives, or other documenu prepared by the Grantee in the performance of iis obligation under this ageement shall be the exclusive property of Public Safery. The Grantee may continue to use the materials to promote highway safety, but may not sell or offer for sale any dacuments developed under this agreement, unless a plan to record such sales and make the proceeds available for traffic safery purposes is approved by Pubiic Safery. G. Amendments a) Any amendments to this ageement shall be in writing. b) Minor ct�anges in the tasks and budget in Section 2., of this agreement may be made if requested in writing by the project director (or a successor) on behalf of the Grantee and if apprwed in writing by Public Safety's Office of Traffic Safety. Changes requiring the approval of the U. S. Depar[ment of Transportation or resulting in reimbursement claims in excess of 550.000.00 are not minor changes. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task r�ts� sae�yrr�� s�r�y Page 5 °�°� -1�.�.5 z� Cancevauon a) When Public Safety 5nds that there Las been a failure to comply with the provision of this agreement or with the provisions of Exhibits II or III, or that the pucposes far the funds bave not been, or will not be fulfilled, notwithstanding any other provisions of tlris agreement to the contney, Public Safety may take such action as it deems necessary and appropiiate to protect the interest of the State of Minnesota, including ihe iefusal to disburse additional funds and req"'ring the repayment of any fiinds already disbursed. b) This agreement may be canceled by Public Safety with or without puse, u�on ten (10) days written notice W the other party. In the event of such a cancellation the Grantee st�all be enfltled to reimbu[sement for expenses incurnd for work or services satisfactorily performed on the tasks up to the date of cancellation I. Li��ri 1. As permitted by law, the Grantee st�all retain any and all liability, and a� to indemnify, save, and hold Public Safety, its agents, and employees hamiless from any and all claims or causes of action azising from the performance of this agreement by Grantee or Grantee's agents or employees. This clause shall not be constiued to baz any legal remedies Grantee may have for Public Safety's failure to fulfill its obligations pursuant to tkus a�eement. 7. Miscellaneous This agreement shall be subject to all applicable federal and state statutes and regulations, including, but not limited to, the following: a) Section 504 of the Ret�abilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to handicaPP� Persons. b) 49 CPR Psrt 23 - Participation by minority business enterprises in Department of Trazisportatioa Programs; 49 CFR Part 29 Subpart F- The Dmg-Free Workplace Act uf 1988; 23 U.S.C.101 Note and 41 U.S.C.lOa - Buy America Act; and 49 CFR Part 29 - Certification Regarding Debazment and Suspension. These provisions are addressed in E�dbit III, which is hereby incorporated by refeience and made a part of this ageement (see Exhibit Iin. c) Title VI of the Civii Righu Act of 1964, as amended. d) Also, by signing this ageement, the Grantee certifies that the Grantee has a current safery belt use policy. Public Safety's authorized agent for the pucposes of administration of t}us contraM is Tina Folch, state program administrator of the Office of Traffic Safety or her successor on sta$: CD00032-06 (9-9-99) Minnesota Safe & Sober Grant, Task Public Safety/I'�c Safety Page 6 g� - ��a�.s IN WITNESS WfiQtEOF, the parties Lave caused this agreement to be duly executed intending to be bound thereby. .•�:� :�� 1. GRANTEE GRANIBE ceitifiestbattLeappropriatepe�sou(s)Lave eXecuted the Criant CooVact on behatf ofthe GRANTEE as required by applicable articles, by-laws, zesolutions, or u�dinancu. �� Title: 2. COMIvffSSIONER OF PUBLIC SAFETY Delegated to: B}': Tifle: Date: B3'� Title: Date: Date: CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task n,b��o s��yn'�a� s�rMy Page 7 �w,. ��as ExLibit I— will be the resolution from the city to accept the gant funds CD00032-06 (9-9-99) Minnesota Safe & So6er Gcant, Task Pub4ic Safetyffraffic SafeTy Page 8 �iq.��as Exhibit II 9-1-99 Page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subrecipients who are state (includes Indian tribes) or local govemments If the grantee expends total direct and indirect federal assistance of: �� Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee govemmeni, ft may cover departments, agencies or establishments that received, expended, or otherwise administered federai financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent autlits. For those governments, the 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 administrative policy catling for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitats, or other nonprofit organizations If the grantee expends tota! direCt and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compiiance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an aud'R of that one program. Audifs shali usually be made annually, but not less frequenUy than every two years. 3. Ali audits shall be made by an independent auditor. An independent audftor is a state or local govemment auditor or a public accountant who meets the independence standards specified in the General Accounting Office's �tandards for Audit of Govemmentai Qrganizations Programs Activities. and Functions. 4. Audit reports shall state that the audit was pertormed in accordance with the provisions of OMB Circular A-133 as appl'icable. The reporting requirements for audit reports shail be in accordance with the American Institute of Certified Public Axounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports,' as applicable. �9,- Ila.S Exhibit II 9-1-99 Page 2 of 2 The reporting requirements for audit reports on compiiance and internai controls shall be in accordance with AICPA'S SAS 63, 'Compliance Auditing Appiicable to Governmental Entities and Other Recipients of Govemmentai Financial Assistance° and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Govemmentai Units." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a pian for corrective action taken or pianned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason ft is not should accompany the audit report. 5. The grantee agrees that the grantor, the Legisiative 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 and OMB Circular A-133, as applicable. 6. Grantees of federal financiai assistance from subrecipients are also required to comply with the Single Audit Act and the OMB Circular A-133, as appiicabie. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Singie Audit Division and with the Department of Public Safety, wfthi� 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department of Pubiic Safety's audit report should be addressed to: Minnesota Department of Pubiic Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 551 01-51 26 9. Recipients_expending more than $300,000 in federal funds are to submft one copy of the audit report wiUiin 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn: Singie Audit Ciearinghouse q�-��as Exhibit III Page 1 of 3 CERTIFICATIONS AND ASSURANCFS DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART F1 In accordance with the Drug-Free Workplace Act of 1988 (49 CFR Part 29 Subpart F), the State wiil provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a convolled substance is prohibited in the grantee's workplace and specifying the acaors that will be taken against employees for violation of such prohibition; b) Establishing a drug-free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee s policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by pazagraph (a); ' d) Notifying the employee in the s'tatement required by pazagraph (a) that, as a condition of employment under the gant, the employee will -- - 1) Abide by the terms of the statement; and 2) Notify the employer of any cruninal drug statute comiction for a violation occurring in the workplace no later than five days after such conviction. e) Notifying the agency within ten days after receiving notice under subpazagraph (d)(2) from a� employee or otherwise receiving actual notice of such conviction. � Taking one of the following actions, within 30 days of receiving notice under subpazagraph (d)(2) with respect to any employee who is so convictecl -- 1) Taking appropriate personnel action against such an employee, up to and including termination; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approvecl for such purpases by a Federal, State, or local health, law enforcement, or other appropriate agency. g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of pazagraphs (a),(b),(c),(d),(e), and (fl above. BUY AMERICA ACT t23 U.S.C. 101 NOTE AND 41 U.S.C. 10a1 The State will comply with the pmvisions of the Buy America Act. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federa] government-wide roference is 23 U.S.C. 10a. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the Stau can show that such domestic pucchases would be inconsistent with the public interest; that such materials are not reasonably available and are of an unsa6sfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportaaon. � q9 � ��,� Eznibtt m Page 2 of 3 CERTIFICATION REGARDING LOBBYING Certifica[ion for Contracts, Grants, Loans, and Coopera[ive Agreements 1) No Federyl appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congess, an o�cer or employee of Congess, or an employee of a Member of Congess in connection with the awazding of any Federal conhact, the maldng of any Federal grant, the making of any Federal loan, the entering into of any cooperative ageement, and the extension, con6nuation, renewal, amendment, or modificarion of any Federal conhact, gant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congess in connecdon with this Federal connact, gant, loan, or cooperative ageement, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure Form to Report I.obbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawazds at all ders (including subcontracts, subgrants, and contracts under grants, loans, and cooperauve agreemenu) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transacpon was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFTCATION REGARDING DEBARMENT AND SUSPENSION In accordance with the provisions of 49 CFR Part 29, the State agrees that it shall not Imowingly enter into any ageement under its Highway Safety Plan with a person or entity that is barred, suspended, declazed ineligible, or voluntarily excluded from participation in the Section 402 program, unless otherwise auihorized by NHTSA. The State fiuther agees that it will include ihe following clause and accompanying instruction, without modificaGon, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Insuuctionsfor Certificaaon 1. By signing and submitting this proposal, the prospective lower uer participant is providing the certificaflon set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this uansaction-was entered into. If it is la[er detecmined that the prospective lower 4e: pazticipant lmowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the depaztment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was ecroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," ' debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as • used in Uris clause, have the meazungs set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a wpy of those regulations. 5. The prospecuve lower tier participant agees by submitting this proposal that, should the proposed covered transacuon be entered into, it shalt not knowingty enter into any lower tier covered transactions w�th a person T" ° 1q-t\ls Exhibit III Page 3 of 3 who is debarred, suspended, declazed ineligible, or voluntarily excluded from participation in [his covered uansaction, unless authorized by the department or agency with which this transactions ongmated. 6. The prospective lower uer participant further agrees by submitting this proposal that it will include this clause uded "Certifcation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transacaon," without modificadon, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certificaaon of a prospective participant in a lower tier covered transaction that it is not debazred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it la�ows ihat the certification is erroneous. A participant may decide the method and frequency by which it deternunes the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be conswed to require establishment of a system of records in order to render in good faith the certification required by this clause. The laowledge and information of a pazticipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of busmess dealings. 9. Except for transactions authorized under pazagraph 5 of these instructions, if a participant in a covered transaction Imowingly enters inro a lower der covered hansaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transacdon, in addition to other remedies available to the Federal govemment, the depaztment or agency with which this transaction originatecl may pursue available remedies, including suspension and/or debarment. CertificaGon Regazding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presenfly debarred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded from participauon in this transact�on by any Federal department or agency. 2. Where the prospective lower fier participant is unable to certify to any of the statemenu in this certificadon, such prospecflve participanu shall attach an explanation to this proposal. MINORITY BUSINESS ENTERPRISE REOUIItEMENTS In accordance with the provisions of 49 CFR Part 23, the State agrees to abide by the following statements, and shall ensure that these statements aze included in all subsequent ageements and/or conhacts assisted by Section 402 funds: It is the policy of the Department of Transportation that minority business entecprises, as defined in 49 CFTi Part 23, shall have the maximum opportunity to parucipate in the pecformance of contracts financed in whole or in part with Federal funds under this ageement Consequenfly, the MBE requuements of 49 CFR Part 23 apply to tt�is agreement. The recipient or its contractor agees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the ma�cimum oppoRUnity to participate in the perfoanance of contracu and subconhacts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonabte steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the ma�cimum opportunity to compete for and perform contracts. Ruipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the awazd and performance of DOT-assisted contracu. aRIGINAL �� Council File # q � \ a15 Green Sheet# 104525 Presented By: RESOLUT`ION CTI'Y OF SAINT PAUL, MINNESOTA Referred To: Committee:Date: 1 2 WHEREAS, the City oF Saint Paul Police Department has received a$50,000 Safe and Sober Grant from the 3 Minnesota Department of Public Safety for the period October 1,1999 through September 30, 2000, and 4 5 WHEREAS, this grant is to be used for additional po6ce tr�c patrol on specrtic dates and for lasedradar 6 equipment necessary for traffic patrol; and 7 S R'HEREAS, the police department needs to establish a spending and financing plan for the Safe and Sober 9 grant funds spent and received in 1999; and 10 11 WT�REAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 12 there are available for appropriation funds in excess of $13,500 of those estimated in the 1999 budget; and 13 14 WHEREAS, The Mayor recommends that the following addition be made to the 1999 budget: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 FINANCING PLAN: 001 - General Fund 04100 - Operations 3199-40057 - Other Federal Direct Grants-State SPENDING PLAN: 001- General Fund 04100 - Operations 0141- Overtime 0439 - Fringe Benefita 0845-40057 - Other-Specialized Equipment CURRENT AMENDED BUDGET CIiANGES BUDGET 13,500 13,500 7,300 7,300 1,200 1,200 5,000 5,000 THEREFORE BE TT RESOLVED, that the City Council accept this grant award in the atnount of $50,000 for increased traffic patrol, authot�zes Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, and approves the changes to the 1999 budget. Requested by Dep�artment of: Adopted by Council:Date: » \�q9 �� Adoption Certified by Council Secretary: ��- s Appr s By: .J, l� O� � Ap oval Recommended y Budget Director: By: Form ro e by Cit A y: s Approved ayor f r Sub iss�on to Council: B Safe&SObar.cr.99 DEPARTMENT/OFFlCECOUNCIL DATE INITWTED PoliceDepar(ment 11/1/99 GREEN SHEET No. 104528 CONTAC PERSON HON INmnuoA7E mmnvoAie c��F�� 292-3588 � 0@ARTY@ITpRECTOR or q s�� 4 g-��as MUST B ON COUNCILAGENDA B(DATE) Please process ASAP 3�n�n.row�v� �arvc�m�c �RWYJ4LSFAVICESWL� �FNFNCNLSENV/ACCTC. �WRWRASSSfIWT)� � ta�wnPN'ilf5 ��i TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Apprwal of the attached council resolution authorizing the Saint Paul Police Department to enter into an agreement with the Minnesota Department of Public Safety for a Safe and Sober grant and estaUlishing a 1999 spending and financing plan for this grant. RECOMMENDATION A�lPfOVe (A) Of REjeCt (R) PERSONAlSERVICE WNTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has this perso�rtn ever worketl under a coMrect for this deparimem7 PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this perso�rm ever been a ciry employee? CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirm possess a sMll not nortnally possessetl by any curcent city employee� YES NO 4. Is this persanmrtn a tergeted vendoR YES NO Explain alI yes answers on separate sheet and anach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHA7, WHEN, WHERE, WHV) The State of Minnesota Department of Public Safery has awazded a$50,000 Safe and Sober grant to the Saint Paal Police Department for traffic control Oc[ober 1, 1999 through September 30, 1999. A financing and spending plan needs to be established for anticipated grant overtime and equipment purchases in 1999. ADVANTAGESIFAPPROVED The SainR Paul Police Department will receive a grant to increase traffic control in Saint Paul. DISADVANTAGESIFAPPROVED ` ' ' - s'�� YF_s: � None. ��a��5 �:� DISADVANTAGESIPN07APPROVED �J� '" 3J , 6. . _ �`.�i'`te�F��`: L�`.+`-��,-P:�Q..t� , .a, ..�'-'"v_� �F'�'' P Loss of grant funding. �° �� `� � , �-�T� �,:P..; ?� �' �A�9 g��= � , .. ;.�,, TOTAI AMOUNT OF TRIWSACT{ON S 13,500 COSTIREVENUE BUDGETED (CIRCLE ONE) YES NO PUNDING SOURCE $1ffiC Of NIN DCp81'�IDCIIt Of PUb11C $2{C1y ACTIVITY NUMBER 04100 FINANCIAL INFORMATION (EXPL4IN) �� Safe&Saber.gs.99 QRIGlNA� GRANT AGBEEMENT BETWEEN THE Q 14IINNESOTA DEPARTMENT OF PIIBLIC SAFETY t� '�� ANTD THE ST. PADL POLICE DEPARTMENT/TRAFFIC DIVISION Federal Funds pxovided nnder U. S. Department of Transportation's Siate and Community Highway Safety Program, Federal Catalog Number 20.600. ;:.$.:. S>:::; ...��'.::'.'v'S:::sN3:l'.J.'o ::..`j::'.:�"_`.`::5{;):�:L�.�:l f'c�o`>::?:w::::.ii::'7a'i� i'i ;.>1,3'��'(',::':':A', l:i:� ;; . ;,�a�ct ��tsusf. - - r. �I�nnbrs113ate�ri[ryTuiftais...,.... :. ' Order: ��(�� — 0� � — Nuwber/DatelSignature (lndividua( signing certifies thatfunds have been encum6end as rnquired byMinn. Smt. 16A.15 and 16C.05.) NOTICE TO GRAN7'EE: You are tequired by Minnesds Slatufes, Sadion 270.66 W provide �yOUr aocial aeauity numba or Fede�al employer tax identification number ar�d Minnesow tax identificafiao number if you do buaween with the Sfafe of Mimeaota 1Lis mf'rnmati� may be used in the enforcement of federxl aad state tax Iaws. Supplyingihese numbas could resuk in action W requice you tu file %tate iac rehuns and Pay deGn9°e�d state ta� tiaeili�+�s. 71�% co�rtract will not be avoroved unle:s tfiese numbecs are orovided. TLeae numbe�a will be available in fzderal and state tas wthaities aad �ate pasonnel mvdved in aQproving the contract and ihe payment of slate obligationc Grantee Name and Address: St Paul Palic� Deptarment/Tr�c Division 100 �c 1 i Sueer St. Paul, MN 55101 Soc. Sec. ar Fedaal Fmploya 1 D. No. 416005321 Minneads Tax LD. No. ('if applicable) 0080250956 THIS PAGE OF THE CONTRACT CONTAINS PRIi�ATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR If you circulate this contract internally, only ofjces that require access to the tar ident�cation mrmber AND all individuals/offtces signing this contract shauld have access to this page. cn0003z-0c (ov-ov-v9) Minnesota Saje & Sober Grant pub&c safuyrrras,c satzry « Agency» Processing 7nformation: (Some entries may not apply) ReqniSlriOn: � (� —J `I � � G� I �I ��. � Number/Date/Entry Imv�Tals� °t°� -� �aS The pazties to this agreement are the Department of Public Safety of the Siate of Minnesota Lereinafter referred to as "Public Safety," and the St Paul Police Deoartment/Traffic Division , address 100 East 11'� Street. Sk Yaul. MN 55101 , hereinafter referred to as the "Grantce." WHEREAS, pnrsuant to Minnesota Stahrtes 4.075, Public Safety has been designated as the appropriate agency to receive, allocate and disburse federal monies provided under the National Highway Safety Act of 1966 (Public I,aw 89-564) as amended, and: WHIItEAS, Public Safety has a F.ighway Safety project entitled Safe & Sober Communities , number 00-02-03 funded under t3ris law, and: WHEREAS, the Grantee is authorized pursuant to Minnesota S�stutes 4.075 to receive such funds as may be available for such pucposes and has obtained a resolufion authorizing the gant from their city council or county board of comwissioners (the resolution is E�ibit I, which is hereby incorporated by reference and made a pazt of this ageement); Now, therefore, the parties agree as follows: 1. Terms of Grant A¢reement This grant agreement shall be effective on October 1, 1999 , or upon the date that the Tnal required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision-2, whichever occurs later, and shall remain in effect until Sentember 30 , 2000 , or until all obligaflons set forth in this grant ageement Lave been satisfactorily fulfilled, wluchever occurs first. The GRANTEE understands that NO work should begn under this Grant until AI.L required signatures have been obtaiued and GRANTEE is notified to begiu work by Public Safety's Authorized Representative. 2. Grantee's Duties The Grantee wil1 participate in the Saje & Sober campaign, a program which seeks to increase compliance with traffic safety laws, with emphasis on driving while impaired and passenger protection by ent�anced enforcement of those laws coupled with educaUon and media relations. The two-pronged approach is designed to increase the public's perception of the likelihood of suffering negative consequences if they fail to comply. CD00032-06 (9-9-99) Minnesota Safe & Sober Grant, Task r�,bt�c sae�yirBao s�r�y Page 1 °�°t -11�.5 sacuraays inclnde up w aawn on sunaays. Panicipaiion is de5ned as: A Scheduling and conducting apProximately 174 hours of additional (tLat is, not regulazly scheduled) tiaffic pauol during the fi:st, fourth, fifth, and seventh Safe & Sober enforcement periods and approaimately 58 hours of additional Uraffic patrol the second, third, and sixth Safe & Sober enforcement periods. B. Scheduling and conducting approbmately 0 hours of additional vaffic patrol outside of the seven Saje & Sober enforcement periods. C. These traffic patrols will be conducted using only those officers whom Public Safety approves as eliglble. Eligibility is defined as completion of Occupant Protection Usage and Enforcement (OPUE) and Standardi7,ed Field Sobriety Testing (SFS'I) courses for agencies participating for a first year in the gant progam and those courses, as well as Advanced SFST: Dnigs That Impair, for agencies participating for a second or subsequent year in the gran[ progam. D. Scheduling and conducting informal seat belt surveys after each enhanced enforcement period. In addition, a infoimal seat belt survey will be required before the November wave of enforcement to establish a baseline for the community. E. Informing the media of the Safe & Sober program and keeping them apprised of results and focus issues. Through the media and other ouUets as decided by the Grantee, infomung the public of the program and focus issues. F. Submitting a written p3an for the enforcement and publidmedia relations befoze each wave by Novembei 17, 1999; Febmary 10, 2000; March 8, 2000; April 26, 2000; June 20, 2000; July 21, 2000 and August 19, 2000 on a form provided by Public 5afety. G. Submitting a written report on the enforcement and public/media relations results of each wave on Januazy 8, February 28, March 28, June 1Q July 19, August 5, and September 16 (all in 2000) on a form provided by Public Safety. H. Submitting a final R2itten :eport ��mmar;�ng the results of all seven waves, and describing progress made towards reaching each objective and the special project undertaken (if any) no later than November 15, 2000. The final report shall be submitted at the same time as the final claim for reimbursement. I. Striving to achieve 2 contacts (vehicle s[ops) per hour of additional enforcement, l�alf (50%) of wlrich result in a citation and one/fifth (20%) of which relate to seat belts or child seat ci[ations or wanrings. Arrests where a person is remwed from the vehicle and taken into custody aze considered the equivalent of four vehicle stops in the sevencounty meVOpolitan area and six vetucle stops in the eighty-county geater Minnesota area. J. Shiving to increase D WI arrests by l�rcent (from 200 to 220 ). K. If applicable, (whex the grantee is the lead agency in a grant covering two or more enforcement agencies); cnmmari�e the plans, reports, and invoices for the N/A enforcement agencies into a single plan, report, and invoice for each wave of the program and submit it to Public Safery. (Chief enforcement officers from each agency covered by this gant ageement must sign tlus agtcement — see signature page.) CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task Public Safery/1'�affic Safety Page 2 qq -��as L. Contact the Air Bag SafetyBuckle Up America Campaign to receive materials related to the program to mobilize America to buckle up kids. 3. Terms for Reimbursement A Public Safety s3iall reimbiuse the Grantee up to a ma�mum of S 50.000.00 for the costs incurre3 by the Grantee in performing the tasks in Section 2 of this ageEment This reimbursement will be made from funds made available through the HighwaY Safety Act of 1966 (Public Law 89-564) and amendments thereto. The Crrantee shall be reimbursed only for those costs that the budget in Section 4., of tLis agrcement specifies to be reimbursable costs. In addition, Public Safety will reimbwse the Grantee only for such of these costs that Public Safety, in its sole discre[ion, considers to be reasonable and consistent with the cos[ Sgures that are in Section 4 of Uus ageement B. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Grantee. Claims for reimbutsement shall be submitted by the Grantee on forms provided by Public Safety. Claims for reimbursement may be submitted as often as monthly; a claim must be submitted within two months of the end of each Safe & Sober wave. Final claims shall be submitted by November 15. 2000. The final claim shall be accompanied by the final report. C. All claims for reimbursement shall be supported by written documentalion including receipts, invoices, travel vouchers, and project time reporLS. A signed Highway Safety Equipment Record card (form DPS 7304) for each piece of equipment costing $5,000.00 ot more must be submitted with the daim for reimbursement before payment can be made. D. Reimbursement for costs will not be paid on any encumbrance made by the Grantee prior to October 1. 1999 (or prior to the date that the last signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subd. 2, wlrichever occurs later) or after Sentember 30. 2000 ,unless reques[ed in writing by the project director (or a successor) who signed this agreement on behalf of the Grantee assd if appmved by Public Safery's Office of Traffic Safety, resulting in an amendment to this ageement. E. The Grantee st�all not be reimbursed for expense incurred for work found by Public Safety to be unsatisfactory or performed in violaflon of federal or state laws and regulations. F. This gant agreement is contingent upon the State of Minnesota and Public Safeiy's receiving funds under the Highway Safety Act of 1966 (Public Law 89-564), as amended, for the purposes of reimbursing the Grantee for the costs set forth herein If for any reason the State of Minnesota or Public Safety is proltibited in any way from using such funds to reimburse the Grantee for any of the costs set forth herein, then this agreemant shall be null and void and the State of Minnesota and Public Safety shall have no direct nor indirect obligation to reimburse the Grantee. CD00032-06 (9-9-99) Minnesota Saje & So6er Grant, Task r�bi�c s�ayrr�s� s�� Page 3 a`t ��.s 4. Auomved Bndeet The budget to be reimbursable from federa1402 funds for this Safe & Sober project is approved as follows: Item Enforcemeut Hours and Fringe Benefits minidrati� HOt1rS and FIingC BCIICfitS F4uiPment �s�i6c equipment listed) Operating Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purcbase of Incentives or Materials TOTAL 5. General Provisions of Grant A. Additional Enforcement Amoant 542,500.00 S2 S5,000.00 50.00 ao.00 50.00 550,000.00 a) Pubiic Safety shall reimbu�se the Grantee only foi the actual hours worked on the tasks and for other eligible costs only if they aze actually incurred in perfornung the tasks. Personnel costs shall be reimbursed on the basis of hourly salary rate(s) that have been verified and approved by Public Safety. A first list of hourly salary and fringe benefit rates of eligible officers must be received by Public Safety no later than November 17, 1999. Changes in salary and fringe rates and eligible officex� as they occur in the workplace are subject to approval by Public Safefy on a continuing basis unlil the end of the grant agreement. b) Reimbursement will be for actoal overtime hours worked and for ac[ual fringe benefits paid on those hours. Any alternate plan for claiming direct labor and related fringe costs must be submitted to and apprwed by Public Safery before the grant begins. B. Travel The Grantee may be reimbursed for Uavel and subsistence e�cpenses in accordance with, but not to exceed, the current Commissioners' Travel Plan, and the budget in Section 4., of Uris agreement. T'he Grantee shall not be reimbursed for travel and subsistence incurred outside the state of Minnesota unless it tias received prior written approval for each such trip from Public Safery. C. ui men[ a) Purchase of equipment or seivices by the Grantee shall comply with all procurement procedures and laws tl�at apply to the Grantee's purchase of similar equipment or services in the performance of its duUes other than iu duties under this ageement b) Any equipment purchased under this agreement shall be used primarily for traffic safety puiposes during the life of the equipment. The Grantee may not deviate from this requirement, and may not dispose of any equipment unless it has first obtained written permission from Public Safery. CD00032-06 (9-9-99) Minnesota Saje & Sober Gran[, Task Pubiic Safety/f�c Safzty Page 4 ` Y � 1�7�. ? c} The C,iantee shall be responsible for all opecating, maintenance, and iepair costs of equipment puccLased under tivs ageement unless othecwise specified Title to equipment acquired under this ag�ement will vest upon the gantee. D. Indirect Costs Indirect rnsts st�all not be reimbursed under this agreement E. Records and Dacumenhtion a) The Grantee shall be responsible for keeping records tl�at fully disclose the amount and disposition of funds and the total cost of the progaws or projeds for which the funds aze provided. T'he accounting procedures utilized by the Grantee shall provide for the accunte and timely recording of the receipt of funds and expenditures. b) The Uooks, records, documents, and accounting pracedures and practices of the Grantee relevant to this agreement are subject to examination by Public Safety, by either the legislative auditor or state auditor as appropriate, and by the federal government for a minimum of six years from the end date of this ageement. - c) Grantee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public law 98- 502) and Office of Management and Budget Circulaz A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorponted by reference. d) All accounts and records shall be retained by the Grantee for a period of six years after completion of the final audit or until all litigatioq claims, or audit findings involving the records have been resolved, whichever is later. F. Ownership of Documents Nl reports, studies, photographs, negatives, or other documenu prepared by the Grantee in the performance of iis obligation under this ageement shall be the exclusive property of Public Safery. The Grantee may continue to use the materials to promote highway safety, but may not sell or offer for sale any dacuments developed under this agreement, unless a plan to record such sales and make the proceeds available for traffic safery purposes is approved by Pubiic Safery. G. Amendments a) Any amendments to this ageement shall be in writing. b) Minor ct�anges in the tasks and budget in Section 2., of this agreement may be made if requested in writing by the project director (or a successor) on behalf of the Grantee and if apprwed in writing by Public Safety's Office of Traffic Safety. Changes requiring the approval of the U. S. Depar[ment of Transportation or resulting in reimbursement claims in excess of 550.000.00 are not minor changes. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task r�ts� sae�yrr�� s�r�y Page 5 °�°� -1�.�.5 z� Cancevauon a) When Public Safety 5nds that there Las been a failure to comply with the provision of this agreement or with the provisions of Exhibits II or III, or that the pucposes far the funds bave not been, or will not be fulfilled, notwithstanding any other provisions of tlris agreement to the contney, Public Safety may take such action as it deems necessary and appropiiate to protect the interest of the State of Minnesota, including ihe iefusal to disburse additional funds and req"'ring the repayment of any fiinds already disbursed. b) This agreement may be canceled by Public Safety with or without puse, u�on ten (10) days written notice W the other party. In the event of such a cancellation the Grantee st�all be enfltled to reimbu[sement for expenses incurnd for work or services satisfactorily performed on the tasks up to the date of cancellation I. Li��ri 1. As permitted by law, the Grantee st�all retain any and all liability, and a� to indemnify, save, and hold Public Safety, its agents, and employees hamiless from any and all claims or causes of action azising from the performance of this agreement by Grantee or Grantee's agents or employees. This clause shall not be constiued to baz any legal remedies Grantee may have for Public Safety's failure to fulfill its obligations pursuant to tkus a�eement. 7. Miscellaneous This agreement shall be subject to all applicable federal and state statutes and regulations, including, but not limited to, the following: a) Section 504 of the Ret�abilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to handicaPP� Persons. b) 49 CPR Psrt 23 - Participation by minority business enterprises in Department of Trazisportatioa Programs; 49 CFR Part 29 Subpart F- The Dmg-Free Workplace Act uf 1988; 23 U.S.C.101 Note and 41 U.S.C.lOa - Buy America Act; and 49 CFR Part 29 - Certification Regarding Debazment and Suspension. These provisions are addressed in E�dbit III, which is hereby incorporated by refeience and made a part of this ageement (see Exhibit Iin. c) Title VI of the Civii Righu Act of 1964, as amended. d) Also, by signing this ageement, the Grantee certifies that the Grantee has a current safery belt use policy. Public Safety's authorized agent for the pucposes of administration of t}us contraM is Tina Folch, state program administrator of the Office of Traffic Safety or her successor on sta$: CD00032-06 (9-9-99) Minnesota Safe & Sober Grant, Task Public Safety/I'�c Safety Page 6 g� - ��a�.s IN WITNESS WfiQtEOF, the parties Lave caused this agreement to be duly executed intending to be bound thereby. .•�:� :�� 1. GRANTEE GRANIBE ceitifiestbattLeappropriatepe�sou(s)Lave eXecuted the Criant CooVact on behatf ofthe GRANTEE as required by applicable articles, by-laws, zesolutions, or u�dinancu. �� Title: 2. COMIvffSSIONER OF PUBLIC SAFETY Delegated to: B}': Tifle: Date: B3'� Title: Date: Date: CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task n,b��o s��yn'�a� s�rMy Page 7 �w,. ��as ExLibit I— will be the resolution from the city to accept the gant funds CD00032-06 (9-9-99) Minnesota Safe & So6er Gcant, Task Pub4ic Safetyffraffic SafeTy Page 8 �iq.��as Exhibit II 9-1-99 Page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subrecipients who are state (includes Indian tribes) or local govemments If the grantee expends total direct and indirect federal assistance of: �� Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee govemmeni, ft may cover departments, agencies or establishments that received, expended, or otherwise administered federai financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent autlits. For those governments, the 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 administrative policy catling for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitats, or other nonprofit organizations If the grantee expends tota! direCt and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compiiance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an aud'R of that one program. Audifs shali usually be made annually, but not less frequenUy than every two years. 3. Ali audits shall be made by an independent auditor. An independent audftor is a state or local govemment auditor or a public accountant who meets the independence standards specified in the General Accounting Office's �tandards for Audit of Govemmentai Qrganizations Programs Activities. and Functions. 4. Audit reports shall state that the audit was pertormed in accordance with the provisions of OMB Circular A-133 as appl'icable. The reporting requirements for audit reports shail be in accordance with the American Institute of Certified Public Axounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports,' as applicable. �9,- Ila.S Exhibit II 9-1-99 Page 2 of 2 The reporting requirements for audit reports on compiiance and internai controls shall be in accordance with AICPA'S SAS 63, 'Compliance Auditing Appiicable to Governmental Entities and Other Recipients of Govemmentai Financial Assistance° and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Govemmentai Units." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a pian for corrective action taken or pianned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason ft is not should accompany the audit report. 5. The grantee agrees that the grantor, the Legisiative 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 and OMB Circular A-133, as applicable. 6. Grantees of federal financiai assistance from subrecipients are also required to comply with the Single Audit Act and the OMB Circular A-133, as appiicabie. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Singie Audit Division and with the Department of Public Safety, wfthi� 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department of Pubiic Safety's audit report should be addressed to: Minnesota Department of Pubiic Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 551 01-51 26 9. Recipients_expending more than $300,000 in federal funds are to submft one copy of the audit report wiUiin 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn: Singie Audit Ciearinghouse q�-��as Exhibit III Page 1 of 3 CERTIFICATIONS AND ASSURANCFS DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART F1 In accordance with the Drug-Free Workplace Act of 1988 (49 CFR Part 29 Subpart F), the State wiil provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a convolled substance is prohibited in the grantee's workplace and specifying the acaors that will be taken against employees for violation of such prohibition; b) Establishing a drug-free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee s policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by pazagraph (a); ' d) Notifying the employee in the s'tatement required by pazagraph (a) that, as a condition of employment under the gant, the employee will -- - 1) Abide by the terms of the statement; and 2) Notify the employer of any cruninal drug statute comiction for a violation occurring in the workplace no later than five days after such conviction. e) Notifying the agency within ten days after receiving notice under subpazagraph (d)(2) from a� employee or otherwise receiving actual notice of such conviction. � Taking one of the following actions, within 30 days of receiving notice under subpazagraph (d)(2) with respect to any employee who is so convictecl -- 1) Taking appropriate personnel action against such an employee, up to and including termination; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approvecl for such purpases by a Federal, State, or local health, law enforcement, or other appropriate agency. g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of pazagraphs (a),(b),(c),(d),(e), and (fl above. BUY AMERICA ACT t23 U.S.C. 101 NOTE AND 41 U.S.C. 10a1 The State will comply with the pmvisions of the Buy America Act. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federa] government-wide roference is 23 U.S.C. 10a. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the Stau can show that such domestic pucchases would be inconsistent with the public interest; that such materials are not reasonably available and are of an unsa6sfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportaaon. � q9 � ��,� Eznibtt m Page 2 of 3 CERTIFICATION REGARDING LOBBYING Certifica[ion for Contracts, Grants, Loans, and Coopera[ive Agreements 1) No Federyl appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congess, an o�cer or employee of Congess, or an employee of a Member of Congess in connection with the awazding of any Federal conhact, the maldng of any Federal grant, the making of any Federal loan, the entering into of any cooperative ageement, and the extension, con6nuation, renewal, amendment, or modificarion of any Federal conhact, gant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congess in connecdon with this Federal connact, gant, loan, or cooperative ageement, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure Form to Report I.obbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawazds at all ders (including subcontracts, subgrants, and contracts under grants, loans, and cooperauve agreemenu) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transacpon was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFTCATION REGARDING DEBARMENT AND SUSPENSION In accordance with the provisions of 49 CFR Part 29, the State agrees that it shall not Imowingly enter into any ageement under its Highway Safety Plan with a person or entity that is barred, suspended, declazed ineligible, or voluntarily excluded from participation in the Section 402 program, unless otherwise auihorized by NHTSA. The State fiuther agees that it will include ihe following clause and accompanying instruction, without modificaGon, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Insuuctionsfor Certificaaon 1. By signing and submitting this proposal, the prospective lower uer participant is providing the certificaflon set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this uansaction-was entered into. If it is la[er detecmined that the prospective lower 4e: pazticipant lmowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the depaztment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was ecroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," ' debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as • used in Uris clause, have the meazungs set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a wpy of those regulations. 5. The prospecuve lower tier participant agees by submitting this proposal that, should the proposed covered transacuon be entered into, it shalt not knowingty enter into any lower tier covered transactions w�th a person T" ° 1q-t\ls Exhibit III Page 3 of 3 who is debarred, suspended, declazed ineligible, or voluntarily excluded from participation in [his covered uansaction, unless authorized by the department or agency with which this transactions ongmated. 6. The prospective lower uer participant further agrees by submitting this proposal that it will include this clause uded "Certifcation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transacaon," without modificadon, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certificaaon of a prospective participant in a lower tier covered transaction that it is not debazred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it la�ows ihat the certification is erroneous. A participant may decide the method and frequency by which it deternunes the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be conswed to require establishment of a system of records in order to render in good faith the certification required by this clause. The laowledge and information of a pazticipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of busmess dealings. 9. Except for transactions authorized under pazagraph 5 of these instructions, if a participant in a covered transaction Imowingly enters inro a lower der covered hansaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transacdon, in addition to other remedies available to the Federal govemment, the depaztment or agency with which this transaction originatecl may pursue available remedies, including suspension and/or debarment. CertificaGon Regazding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presenfly debarred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded from participauon in this transact�on by any Federal department or agency. 2. Where the prospective lower fier participant is unable to certify to any of the statemenu in this certificadon, such prospecflve participanu shall attach an explanation to this proposal. MINORITY BUSINESS ENTERPRISE REOUIItEMENTS In accordance with the provisions of 49 CFR Part 23, the State agrees to abide by the following statements, and shall ensure that these statements aze included in all subsequent ageements and/or conhacts assisted by Section 402 funds: It is the policy of the Department of Transportation that minority business entecprises, as defined in 49 CFTi Part 23, shall have the maximum opportunity to parucipate in the pecformance of contracts financed in whole or in part with Federal funds under this ageement Consequenfly, the MBE requuements of 49 CFR Part 23 apply to tt�is agreement. The recipient or its contractor agees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the ma�cimum oppoRUnity to participate in the perfoanance of contracu and subconhacts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonabte steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the ma�cimum opportunity to compete for and perform contracts. Ruipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the awazd and performance of DOT-assisted contracu. aRIGINAL �� Council File # q � \ a15 Green Sheet# 104525 Presented By: RESOLUT`ION CTI'Y OF SAINT PAUL, MINNESOTA Referred To: Committee:Date: 1 2 WHEREAS, the City oF Saint Paul Police Department has received a$50,000 Safe and Sober Grant from the 3 Minnesota Department of Public Safety for the period October 1,1999 through September 30, 2000, and 4 5 WHEREAS, this grant is to be used for additional po6ce tr�c patrol on specrtic dates and for lasedradar 6 equipment necessary for traffic patrol; and 7 S R'HEREAS, the police department needs to establish a spending and financing plan for the Safe and Sober 9 grant funds spent and received in 1999; and 10 11 WT�REAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 12 there are available for appropriation funds in excess of $13,500 of those estimated in the 1999 budget; and 13 14 WHEREAS, The Mayor recommends that the following addition be made to the 1999 budget: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 FINANCING PLAN: 001 - General Fund 04100 - Operations 3199-40057 - Other Federal Direct Grants-State SPENDING PLAN: 001- General Fund 04100 - Operations 0141- Overtime 0439 - Fringe Benefita 0845-40057 - Other-Specialized Equipment CURRENT AMENDED BUDGET CIiANGES BUDGET 13,500 13,500 7,300 7,300 1,200 1,200 5,000 5,000 THEREFORE BE TT RESOLVED, that the City Council accept this grant award in the atnount of $50,000 for increased traffic patrol, authot�zes Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, and approves the changes to the 1999 budget. Requested by Dep�artment of: Adopted by Council:Date: » \�q9 �� Adoption Certified by Council Secretary: ��- s Appr s By: .J, l� O� � Ap oval Recommended y Budget Director: By: Form ro e by Cit A y: s Approved ayor f r Sub iss�on to Council: B Safe&SObar.cr.99 DEPARTMENT/OFFlCECOUNCIL DATE INITWTED PoliceDepar(ment 11/1/99 GREEN SHEET No. 104528 CONTAC PERSON HON INmnuoA7E mmnvoAie c��F�� 292-3588 � 0@ARTY@ITpRECTOR or q s�� 4 g-��as MUST B ON COUNCILAGENDA B(DATE) Please process ASAP 3�n�n.row�v� �arvc�m�c �RWYJ4LSFAVICESWL� �FNFNCNLSENV/ACCTC. �WRWRASSSfIWT)� � ta�wnPN'ilf5 ��i TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Apprwal of the attached council resolution authorizing the Saint Paul Police Department to enter into an agreement with the Minnesota Department of Public Safety for a Safe and Sober grant and estaUlishing a 1999 spending and financing plan for this grant. RECOMMENDATION A�lPfOVe (A) Of REjeCt (R) PERSONAlSERVICE WNTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has this perso�rtn ever worketl under a coMrect for this deparimem7 PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this perso�rm ever been a ciry employee? CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirm possess a sMll not nortnally possessetl by any curcent city employee� YES NO 4. Is this persanmrtn a tergeted vendoR YES NO Explain alI yes answers on separate sheet and anach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHA7, WHEN, WHERE, WHV) The State of Minnesota Department of Public Safery has awazded a$50,000 Safe and Sober grant to the Saint Paal Police Department for traffic control Oc[ober 1, 1999 through September 30, 1999. A financing and spending plan needs to be established for anticipated grant overtime and equipment purchases in 1999. ADVANTAGESIFAPPROVED The SainR Paul Police Department will receive a grant to increase traffic control in Saint Paul. DISADVANTAGESIFAPPROVED ` ' ' - s'�� YF_s: � None. ��a��5 �:� DISADVANTAGESIPN07APPROVED �J� '" 3J , 6. . _ �`.�i'`te�F��`: L�`.+`-��,-P:�Q..t� , .a, ..�'-'"v_� �F'�'' P Loss of grant funding. �° �� `� � , �-�T� �,:P..; ?� �' �A�9 g��= � , .. ;.�,, TOTAI AMOUNT OF TRIWSACT{ON S 13,500 COSTIREVENUE BUDGETED (CIRCLE ONE) YES NO PUNDING SOURCE $1ffiC Of NIN DCp81'�IDCIIt Of PUb11C $2{C1y ACTIVITY NUMBER 04100 FINANCIAL INFORMATION (EXPL4IN) �� Safe&Saber.gs.99 QRIGlNA� GRANT AGBEEMENT BETWEEN THE Q 14IINNESOTA DEPARTMENT OF PIIBLIC SAFETY t� '�� ANTD THE ST. PADL POLICE DEPARTMENT/TRAFFIC DIVISION Federal Funds pxovided nnder U. S. Department of Transportation's Siate and Community Highway Safety Program, Federal Catalog Number 20.600. ;:.$.:. S>:::; ...��'.::'.'v'S:::sN3:l'.J.'o ::..`j::'.:�"_`.`::5{;):�:L�.�:l f'c�o`>::?:w::::.ii::'7a'i� i'i ;.>1,3'��'(',::':':A', l:i:� ;; . ;,�a�ct ��tsusf. - - r. �I�nnbrs113ate�ri[ryTuiftais...,.... :. ' Order: ��(�� — 0� � — Nuwber/DatelSignature (lndividua( signing certifies thatfunds have been encum6end as rnquired byMinn. Smt. 16A.15 and 16C.05.) NOTICE TO GRAN7'EE: You are tequired by Minnesds Slatufes, Sadion 270.66 W provide �yOUr aocial aeauity numba or Fede�al employer tax identification number ar�d Minnesow tax identificafiao number if you do buaween with the Sfafe of Mimeaota 1Lis mf'rnmati� may be used in the enforcement of federxl aad state tax Iaws. Supplyingihese numbas could resuk in action W requice you tu file %tate iac rehuns and Pay deGn9°e�d state ta� tiaeili�+�s. 71�% co�rtract will not be avoroved unle:s tfiese numbecs are orovided. TLeae numbe�a will be available in fzderal and state tas wthaities aad �ate pasonnel mvdved in aQproving the contract and ihe payment of slate obligationc Grantee Name and Address: St Paul Palic� Deptarment/Tr�c Division 100 �c 1 i Sueer St. Paul, MN 55101 Soc. Sec. ar Fedaal Fmploya 1 D. No. 416005321 Minneads Tax LD. No. ('if applicable) 0080250956 THIS PAGE OF THE CONTRACT CONTAINS PRIi�ATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR If you circulate this contract internally, only ofjces that require access to the tar ident�cation mrmber AND all individuals/offtces signing this contract shauld have access to this page. cn0003z-0c (ov-ov-v9) Minnesota Saje & Sober Grant pub&c safuyrrras,c satzry « Agency» Processing 7nformation: (Some entries may not apply) ReqniSlriOn: � (� —J `I � � G� I �I ��. � Number/Date/Entry Imv�Tals� °t°� -� �aS The pazties to this agreement are the Department of Public Safety of the Siate of Minnesota Lereinafter referred to as "Public Safety," and the St Paul Police Deoartment/Traffic Division , address 100 East 11'� Street. Sk Yaul. MN 55101 , hereinafter referred to as the "Grantce." WHEREAS, pnrsuant to Minnesota Stahrtes 4.075, Public Safety has been designated as the appropriate agency to receive, allocate and disburse federal monies provided under the National Highway Safety Act of 1966 (Public I,aw 89-564) as amended, and: WHIItEAS, Public Safety has a F.ighway Safety project entitled Safe & Sober Communities , number 00-02-03 funded under t3ris law, and: WHEREAS, the Grantee is authorized pursuant to Minnesota S�stutes 4.075 to receive such funds as may be available for such pucposes and has obtained a resolufion authorizing the gant from their city council or county board of comwissioners (the resolution is E�ibit I, which is hereby incorporated by reference and made a pazt of this ageement); Now, therefore, the parties agree as follows: 1. Terms of Grant A¢reement This grant agreement shall be effective on October 1, 1999 , or upon the date that the Tnal required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision-2, whichever occurs later, and shall remain in effect until Sentember 30 , 2000 , or until all obligaflons set forth in this grant ageement Lave been satisfactorily fulfilled, wluchever occurs first. The GRANTEE understands that NO work should begn under this Grant until AI.L required signatures have been obtaiued and GRANTEE is notified to begiu work by Public Safety's Authorized Representative. 2. Grantee's Duties The Grantee wil1 participate in the Saje & Sober campaign, a program which seeks to increase compliance with traffic safety laws, with emphasis on driving while impaired and passenger protection by ent�anced enforcement of those laws coupled with educaUon and media relations. The two-pronged approach is designed to increase the public's perception of the likelihood of suffering negative consequences if they fail to comply. CD00032-06 (9-9-99) Minnesota Safe & Sober Grant, Task r�,bt�c sae�yirBao s�r�y Page 1 °�°t -11�.5 sacuraays inclnde up w aawn on sunaays. Panicipaiion is de5ned as: A Scheduling and conducting apProximately 174 hours of additional (tLat is, not regulazly scheduled) tiaffic pauol during the fi:st, fourth, fifth, and seventh Safe & Sober enforcement periods and approaimately 58 hours of additional Uraffic patrol the second, third, and sixth Safe & Sober enforcement periods. B. Scheduling and conducting approbmately 0 hours of additional vaffic patrol outside of the seven Saje & Sober enforcement periods. C. These traffic patrols will be conducted using only those officers whom Public Safety approves as eliglble. Eligibility is defined as completion of Occupant Protection Usage and Enforcement (OPUE) and Standardi7,ed Field Sobriety Testing (SFS'I) courses for agencies participating for a first year in the gant progam and those courses, as well as Advanced SFST: Dnigs That Impair, for agencies participating for a second or subsequent year in the gran[ progam. D. Scheduling and conducting informal seat belt surveys after each enhanced enforcement period. In addition, a infoimal seat belt survey will be required before the November wave of enforcement to establish a baseline for the community. E. Informing the media of the Safe & Sober program and keeping them apprised of results and focus issues. Through the media and other ouUets as decided by the Grantee, infomung the public of the program and focus issues. F. Submitting a written p3an for the enforcement and publidmedia relations befoze each wave by Novembei 17, 1999; Febmary 10, 2000; March 8, 2000; April 26, 2000; June 20, 2000; July 21, 2000 and August 19, 2000 on a form provided by Public 5afety. G. Submitting a written report on the enforcement and public/media relations results of each wave on Januazy 8, February 28, March 28, June 1Q July 19, August 5, and September 16 (all in 2000) on a form provided by Public Safety. H. Submitting a final R2itten :eport ��mmar;�ng the results of all seven waves, and describing progress made towards reaching each objective and the special project undertaken (if any) no later than November 15, 2000. The final report shall be submitted at the same time as the final claim for reimbursement. I. Striving to achieve 2 contacts (vehicle s[ops) per hour of additional enforcement, l�alf (50%) of wlrich result in a citation and one/fifth (20%) of which relate to seat belts or child seat ci[ations or wanrings. Arrests where a person is remwed from the vehicle and taken into custody aze considered the equivalent of four vehicle stops in the sevencounty meVOpolitan area and six vetucle stops in the eighty-county geater Minnesota area. J. Shiving to increase D WI arrests by l�rcent (from 200 to 220 ). K. If applicable, (whex the grantee is the lead agency in a grant covering two or more enforcement agencies); cnmmari�e the plans, reports, and invoices for the N/A enforcement agencies into a single plan, report, and invoice for each wave of the program and submit it to Public Safery. (Chief enforcement officers from each agency covered by this gant ageement must sign tlus agtcement — see signature page.) CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task Public Safery/1'�affic Safety Page 2 qq -��as L. Contact the Air Bag SafetyBuckle Up America Campaign to receive materials related to the program to mobilize America to buckle up kids. 3. Terms for Reimbursement A Public Safety s3iall reimbiuse the Grantee up to a ma�mum of S 50.000.00 for the costs incurre3 by the Grantee in performing the tasks in Section 2 of this ageEment This reimbursement will be made from funds made available through the HighwaY Safety Act of 1966 (Public Law 89-564) and amendments thereto. The Crrantee shall be reimbursed only for those costs that the budget in Section 4., of tLis agrcement specifies to be reimbursable costs. In addition, Public Safety will reimbwse the Grantee only for such of these costs that Public Safety, in its sole discre[ion, considers to be reasonable and consistent with the cos[ Sgures that are in Section 4 of Uus ageement B. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Grantee. Claims for reimbutsement shall be submitted by the Grantee on forms provided by Public Safety. Claims for reimbursement may be submitted as often as monthly; a claim must be submitted within two months of the end of each Safe & Sober wave. Final claims shall be submitted by November 15. 2000. The final claim shall be accompanied by the final report. C. All claims for reimbursement shall be supported by written documentalion including receipts, invoices, travel vouchers, and project time reporLS. A signed Highway Safety Equipment Record card (form DPS 7304) for each piece of equipment costing $5,000.00 ot more must be submitted with the daim for reimbursement before payment can be made. D. Reimbursement for costs will not be paid on any encumbrance made by the Grantee prior to October 1. 1999 (or prior to the date that the last signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subd. 2, wlrichever occurs later) or after Sentember 30. 2000 ,unless reques[ed in writing by the project director (or a successor) who signed this agreement on behalf of the Grantee assd if appmved by Public Safery's Office of Traffic Safety, resulting in an amendment to this ageement. E. The Grantee st�all not be reimbursed for expense incurred for work found by Public Safety to be unsatisfactory or performed in violaflon of federal or state laws and regulations. F. This gant agreement is contingent upon the State of Minnesota and Public Safeiy's receiving funds under the Highway Safety Act of 1966 (Public Law 89-564), as amended, for the purposes of reimbursing the Grantee for the costs set forth herein If for any reason the State of Minnesota or Public Safety is proltibited in any way from using such funds to reimburse the Grantee for any of the costs set forth herein, then this agreemant shall be null and void and the State of Minnesota and Public Safety shall have no direct nor indirect obligation to reimburse the Grantee. CD00032-06 (9-9-99) Minnesota Saje & So6er Grant, Task r�bi�c s�ayrr�s� s�� Page 3 a`t ��.s 4. Auomved Bndeet The budget to be reimbursable from federa1402 funds for this Safe & Sober project is approved as follows: Item Enforcemeut Hours and Fringe Benefits minidrati� HOt1rS and FIingC BCIICfitS F4uiPment �s�i6c equipment listed) Operating Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purcbase of Incentives or Materials TOTAL 5. General Provisions of Grant A. Additional Enforcement Amoant 542,500.00 S2 S5,000.00 50.00 ao.00 50.00 550,000.00 a) Pubiic Safety shall reimbu�se the Grantee only foi the actual hours worked on the tasks and for other eligible costs only if they aze actually incurred in perfornung the tasks. Personnel costs shall be reimbursed on the basis of hourly salary rate(s) that have been verified and approved by Public Safety. A first list of hourly salary and fringe benefit rates of eligible officers must be received by Public Safety no later than November 17, 1999. Changes in salary and fringe rates and eligible officex� as they occur in the workplace are subject to approval by Public Safefy on a continuing basis unlil the end of the grant agreement. b) Reimbursement will be for actoal overtime hours worked and for ac[ual fringe benefits paid on those hours. Any alternate plan for claiming direct labor and related fringe costs must be submitted to and apprwed by Public Safery before the grant begins. B. Travel The Grantee may be reimbursed for Uavel and subsistence e�cpenses in accordance with, but not to exceed, the current Commissioners' Travel Plan, and the budget in Section 4., of Uris agreement. T'he Grantee shall not be reimbursed for travel and subsistence incurred outside the state of Minnesota unless it tias received prior written approval for each such trip from Public Safery. C. ui men[ a) Purchase of equipment or seivices by the Grantee shall comply with all procurement procedures and laws tl�at apply to the Grantee's purchase of similar equipment or services in the performance of its duUes other than iu duties under this ageement b) Any equipment purchased under this agreement shall be used primarily for traffic safety puiposes during the life of the equipment. The Grantee may not deviate from this requirement, and may not dispose of any equipment unless it has first obtained written permission from Public Safery. CD00032-06 (9-9-99) Minnesota Saje & Sober Gran[, Task Pubiic Safety/f�c Safzty Page 4 ` Y � 1�7�. ? c} The C,iantee shall be responsible for all opecating, maintenance, and iepair costs of equipment puccLased under tivs ageement unless othecwise specified Title to equipment acquired under this ag�ement will vest upon the gantee. D. Indirect Costs Indirect rnsts st�all not be reimbursed under this agreement E. Records and Dacumenhtion a) The Grantee shall be responsible for keeping records tl�at fully disclose the amount and disposition of funds and the total cost of the progaws or projeds for which the funds aze provided. T'he accounting procedures utilized by the Grantee shall provide for the accunte and timely recording of the receipt of funds and expenditures. b) The Uooks, records, documents, and accounting pracedures and practices of the Grantee relevant to this agreement are subject to examination by Public Safety, by either the legislative auditor or state auditor as appropriate, and by the federal government for a minimum of six years from the end date of this ageement. - c) Grantee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public law 98- 502) and Office of Management and Budget Circulaz A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorponted by reference. d) All accounts and records shall be retained by the Grantee for a period of six years after completion of the final audit or until all litigatioq claims, or audit findings involving the records have been resolved, whichever is later. F. Ownership of Documents Nl reports, studies, photographs, negatives, or other documenu prepared by the Grantee in the performance of iis obligation under this ageement shall be the exclusive property of Public Safery. The Grantee may continue to use the materials to promote highway safety, but may not sell or offer for sale any dacuments developed under this agreement, unless a plan to record such sales and make the proceeds available for traffic safery purposes is approved by Pubiic Safery. G. Amendments a) Any amendments to this ageement shall be in writing. b) Minor ct�anges in the tasks and budget in Section 2., of this agreement may be made if requested in writing by the project director (or a successor) on behalf of the Grantee and if apprwed in writing by Public Safety's Office of Traffic Safety. Changes requiring the approval of the U. S. Depar[ment of Transportation or resulting in reimbursement claims in excess of 550.000.00 are not minor changes. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task r�ts� sae�yrr�� s�r�y Page 5 °�°� -1�.�.5 z� Cancevauon a) When Public Safety 5nds that there Las been a failure to comply with the provision of this agreement or with the provisions of Exhibits II or III, or that the pucposes far the funds bave not been, or will not be fulfilled, notwithstanding any other provisions of tlris agreement to the contney, Public Safety may take such action as it deems necessary and appropiiate to protect the interest of the State of Minnesota, including ihe iefusal to disburse additional funds and req"'ring the repayment of any fiinds already disbursed. b) This agreement may be canceled by Public Safety with or without puse, u�on ten (10) days written notice W the other party. In the event of such a cancellation the Grantee st�all be enfltled to reimbu[sement for expenses incurnd for work or services satisfactorily performed on the tasks up to the date of cancellation I. Li��ri 1. As permitted by law, the Grantee st�all retain any and all liability, and a� to indemnify, save, and hold Public Safety, its agents, and employees hamiless from any and all claims or causes of action azising from the performance of this agreement by Grantee or Grantee's agents or employees. This clause shall not be constiued to baz any legal remedies Grantee may have for Public Safety's failure to fulfill its obligations pursuant to tkus a�eement. 7. Miscellaneous This agreement shall be subject to all applicable federal and state statutes and regulations, including, but not limited to, the following: a) Section 504 of the Ret�abilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to handicaPP� Persons. b) 49 CPR Psrt 23 - Participation by minority business enterprises in Department of Trazisportatioa Programs; 49 CFR Part 29 Subpart F- The Dmg-Free Workplace Act uf 1988; 23 U.S.C.101 Note and 41 U.S.C.lOa - Buy America Act; and 49 CFR Part 29 - Certification Regarding Debazment and Suspension. These provisions are addressed in E�dbit III, which is hereby incorporated by refeience and made a part of this ageement (see Exhibit Iin. c) Title VI of the Civii Righu Act of 1964, as amended. d) Also, by signing this ageement, the Grantee certifies that the Grantee has a current safery belt use policy. Public Safety's authorized agent for the pucposes of administration of t}us contraM is Tina Folch, state program administrator of the Office of Traffic Safety or her successor on sta$: CD00032-06 (9-9-99) Minnesota Safe & Sober Grant, Task Public Safety/I'�c Safety Page 6 g� - ��a�.s IN WITNESS WfiQtEOF, the parties Lave caused this agreement to be duly executed intending to be bound thereby. .•�:� :�� 1. GRANTEE GRANIBE ceitifiestbattLeappropriatepe�sou(s)Lave eXecuted the Criant CooVact on behatf ofthe GRANTEE as required by applicable articles, by-laws, zesolutions, or u�dinancu. �� Title: 2. COMIvffSSIONER OF PUBLIC SAFETY Delegated to: B}': Tifle: Date: B3'� Title: Date: Date: CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task n,b��o s��yn'�a� s�rMy Page 7 �w,. ��as ExLibit I— will be the resolution from the city to accept the gant funds CD00032-06 (9-9-99) Minnesota Safe & So6er Gcant, Task Pub4ic Safetyffraffic SafeTy Page 8 �iq.��as Exhibit II 9-1-99 Page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subrecipients who are state (includes Indian tribes) or local govemments If the grantee expends total direct and indirect federal assistance of: �� Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee govemmeni, ft may cover departments, agencies or establishments that received, expended, or otherwise administered federai financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent autlits. For those governments, the 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 administrative policy catling for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitats, or other nonprofit organizations If the grantee expends tota! direCt and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compiiance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an aud'R of that one program. Audifs shali usually be made annually, but not less frequenUy than every two years. 3. Ali audits shall be made by an independent auditor. An independent audftor is a state or local govemment auditor or a public accountant who meets the independence standards specified in the General Accounting Office's �tandards for Audit of Govemmentai Qrganizations Programs Activities. and Functions. 4. Audit reports shall state that the audit was pertormed in accordance with the provisions of OMB Circular A-133 as appl'icable. The reporting requirements for audit reports shail be in accordance with the American Institute of Certified Public Axounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports,' as applicable. �9,- Ila.S Exhibit II 9-1-99 Page 2 of 2 The reporting requirements for audit reports on compiiance and internai controls shall be in accordance with AICPA'S SAS 63, 'Compliance Auditing Appiicable to Governmental Entities and Other Recipients of Govemmentai Financial Assistance° and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Govemmentai Units." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a pian for corrective action taken or pianned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason ft is not should accompany the audit report. 5. The grantee agrees that the grantor, the Legisiative 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 and OMB Circular A-133, as applicable. 6. Grantees of federal financiai assistance from subrecipients are also required to comply with the Single Audit Act and the OMB Circular A-133, as appiicabie. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Singie Audit Division and with the Department of Public Safety, wfthi� 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department of Pubiic Safety's audit report should be addressed to: Minnesota Department of Pubiic Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 551 01-51 26 9. Recipients_expending more than $300,000 in federal funds are to submft one copy of the audit report wiUiin 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn: Singie Audit Ciearinghouse q�-��as Exhibit III Page 1 of 3 CERTIFICATIONS AND ASSURANCFS DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART F1 In accordance with the Drug-Free Workplace Act of 1988 (49 CFR Part 29 Subpart F), the State wiil provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a convolled substance is prohibited in the grantee's workplace and specifying the acaors that will be taken against employees for violation of such prohibition; b) Establishing a drug-free awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantee s policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by pazagraph (a); ' d) Notifying the employee in the s'tatement required by pazagraph (a) that, as a condition of employment under the gant, the employee will -- - 1) Abide by the terms of the statement; and 2) Notify the employer of any cruninal drug statute comiction for a violation occurring in the workplace no later than five days after such conviction. e) Notifying the agency within ten days after receiving notice under subpazagraph (d)(2) from a� employee or otherwise receiving actual notice of such conviction. � Taking one of the following actions, within 30 days of receiving notice under subpazagraph (d)(2) with respect to any employee who is so convictecl -- 1) Taking appropriate personnel action against such an employee, up to and including termination; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approvecl for such purpases by a Federal, State, or local health, law enforcement, or other appropriate agency. g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of pazagraphs (a),(b),(c),(d),(e), and (fl above. BUY AMERICA ACT t23 U.S.C. 101 NOTE AND 41 U.S.C. 10a1 The State will comply with the pmvisions of the Buy America Act. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federa] government-wide roference is 23 U.S.C. 10a. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the Stau can show that such domestic pucchases would be inconsistent with the public interest; that such materials are not reasonably available and are of an unsa6sfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportaaon. � q9 � ��,� Eznibtt m Page 2 of 3 CERTIFICATION REGARDING LOBBYING Certifica[ion for Contracts, Grants, Loans, and Coopera[ive Agreements 1) No Federyl appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congess, an o�cer or employee of Congess, or an employee of a Member of Congess in connection with the awazding of any Federal conhact, the maldng of any Federal grant, the making of any Federal loan, the entering into of any cooperative ageement, and the extension, con6nuation, renewal, amendment, or modificarion of any Federal conhact, gant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congess in connecdon with this Federal connact, gant, loan, or cooperative ageement, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure Form to Report I.obbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawazds at all ders (including subcontracts, subgrants, and contracts under grants, loans, and cooperauve agreemenu) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transacpon was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFTCATION REGARDING DEBARMENT AND SUSPENSION In accordance with the provisions of 49 CFR Part 29, the State agrees that it shall not Imowingly enter into any ageement under its Highway Safety Plan with a person or entity that is barred, suspended, declazed ineligible, or voluntarily excluded from participation in the Section 402 program, unless otherwise auihorized by NHTSA. The State fiuther agees that it will include ihe following clause and accompanying instruction, without modificaGon, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Insuuctionsfor Certificaaon 1. By signing and submitting this proposal, the prospective lower uer participant is providing the certificaflon set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this uansaction-was entered into. If it is la[er detecmined that the prospective lower 4e: pazticipant lmowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the depaztment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was ecroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," ' debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as • used in Uris clause, have the meazungs set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a wpy of those regulations. 5. The prospecuve lower tier participant agees by submitting this proposal that, should the proposed covered transacuon be entered into, it shalt not knowingty enter into any lower tier covered transactions w�th a person T" ° 1q-t\ls Exhibit III Page 3 of 3 who is debarred, suspended, declazed ineligible, or voluntarily excluded from participation in [his covered uansaction, unless authorized by the department or agency with which this transactions ongmated. 6. The prospective lower uer participant further agrees by submitting this proposal that it will include this clause uded "Certifcation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transacaon," without modificadon, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certificaaon of a prospective participant in a lower tier covered transaction that it is not debazred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it la�ows ihat the certification is erroneous. A participant may decide the method and frequency by which it deternunes the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be conswed to require establishment of a system of records in order to render in good faith the certification required by this clause. The laowledge and information of a pazticipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of busmess dealings. 9. Except for transactions authorized under pazagraph 5 of these instructions, if a participant in a covered transaction Imowingly enters inro a lower der covered hansaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transacdon, in addition to other remedies available to the Federal govemment, the depaztment or agency with which this transaction originatecl may pursue available remedies, including suspension and/or debarment. CertificaGon Regazding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presenfly debarred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded from participauon in this transact�on by any Federal department or agency. 2. Where the prospective lower fier participant is unable to certify to any of the statemenu in this certificadon, such prospecflve participanu shall attach an explanation to this proposal. MINORITY BUSINESS ENTERPRISE REOUIItEMENTS In accordance with the provisions of 49 CFR Part 23, the State agrees to abide by the following statements, and shall ensure that these statements aze included in all subsequent ageements and/or conhacts assisted by Section 402 funds: It is the policy of the Department of Transportation that minority business entecprises, as defined in 49 CFTi Part 23, shall have the maximum opportunity to parucipate in the pecformance of contracts financed in whole or in part with Federal funds under this ageement Consequenfly, the MBE requuements of 49 CFR Part 23 apply to tt�is agreement. The recipient or its contractor agees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the ma�cimum oppoRUnity to participate in the perfoanance of contracu and subconhacts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonabte steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the ma�cimum opportunity to compete for and perform contracts. Ruipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the awazd and performance of DOT-assisted contracu.