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00-1209ORlG{f�AL Retum Copy To: Police Dept. Accounting Presented By: RESOLUTION SAINT PAUL, MINNESOTA �\ Referred To: Committee:Date: 1 2 3 4 R'IIEREAS, the Saint Paul Police Department has received a�15,000 Safe & Sober grant from the 5 Minnesota Department of Public Safety, Office of Traffic Safety for the period October 1, 2000 through 6 Septem6er 3�, 2001; and 7 8 WHEREAS, Chief W�71iam Finney is hereby authorized to eaecute such agreements and amendments as 9 are necessary to implement the project on 6ehalf of the Saint Paul Palice Department and to be the fiscal 10 agent and administer the grant; and 11 12 BE TT RESOL�'ED, that the City Council accepts this grant and authorizes the City of Saint Paul and its 13 Police Department to enter into a grant agreement with the Minnesota Department of Public 5afety, 14 Office of Traffic 5afety for the project entitled Safe & Sober Communities during the period from 15 October 1, 2000 through September 30, 2001. 16 17 18 19 20 zi zz 23 za zs 26 27 28 29 30 31 32 33 34 35 36 37 Requested by Department of: Adopted by Council:Date: [� �, Z7 yp e '- - Adoption CeMified by Council Secretary: By: 7► c'�� Approved by ayor:Date: �� y ��f By: / l rt � s ' Approv eco e By: / Form p ed by City sy: Approved 'M orfor By� /��LN.e � Council File # Q{� � \ �, O � Green Sheet# 107102 Services Director: to Council: SafeanCSoberGrentAuthorization.cr2000 �� DEPARTMEMTfOFGiCE1COUNCIL DAT9INITIATED - PoliceDepariment 4vsoioo GREEN SHEET No. ��?/Da. CON A T PERSON & PHONE MIML/DA MRIAUOATE Ct1lefFinney 292-3588 1 oevnnrre+rnnx¢c.on 5 cou'ua�. � MUST BE ON CO NCIL AGENDA BY (DA E) � n Od ��O ` Please process ASAP �rcnrrvnnEr_ �r� �arv«enK ( �// ��axcw,sFnv�cesax.: �FNGN�4LSERV/PCCTG � v� � �e pwYOR(ORA456TMfIj �RIGHTS ��i TOTAL # OF SIGNATURE PAGES 1 (CLfP ALL LOCATIONS FOR SfGNATURE) AC710N REQUES7ED Apprwal of the attached council resolution accepting a Safe and Sober grant and authorizing the City of Saint Paul and its Police Depar[ment to enter into a grant agrzement with the Minnesota Departnruent of Public Safery, Office of Traffic Safety. RECOMMENDATION Apprwe (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWEA THE FOLLOWING OUESTIOWS: 1. Has this personlfirm ever worked uMer a contract tor this tlepaRmentl PIANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfrm ever 6een a city employee? CIVIL SERVICE COMMISSION YE5 NO 3. Does this personlfirtn possess a sbll not normally possesserl by any current oiry employee? YES NO 4. Is ihis person/firm a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM 45SUE, OPPORTUNITY (WH�. WHAT, WHEN, WHERE, WHY) The Mimtesota Department of Public Safety, Office of Traffic Safety has awazded a$15,000 Safe and Sober Grant to the Saint Paul Police Department for the period October 1, 2000 through September 30, 2001. The Minnesota Departrnent of Public Safery, Office of Traffic Safety requires a resolution authorizing execuflon of the grant agreement. (Attached is a copy of [he grant agreement.) - p fl9rtss.Q V{ I 'ldCl! 14tiL �er ADVANTAGES IF APPROVE6 Additional traffic enforcement designed to increase compiiance rvith traffic safety laws. ��' �` �� DISADVANTAGES IF APPROVED None. DISADVANTAGES IF NO7 APPROVED k� 4 �- � X '..,� ° '�„ ��i�` �� rASSOf�,t�a�ng. DEG 1 � 2�� C�TY A�TOf��`,r TOTAL AMOUNT OF 7RANSACTION 8 15,000 COSTlREVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDMG SOURCE $THLZ Of MN DBpBItlnOIIt OPPIlI1HC $�Cly ACTIVITY NUMBER 04100 FINANCIAL INFORMATION (EXPLA�N) Safe&Soberganlauthorization.gs2000 0 0 -\�e%i GRANT AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY A ND THE ST. PAUL POLICE DEPARTMEIvT Federal Funds provided under U. S. Department of Transporiation's State and Community Highway Safety Pro�ram, Federal Catalog Number 20.6000. The parties ro this agreement are the Department of Public Safzty of the State of Minnesota hereinafrer rzferred to as "Public Safety;' and the St Paut Police Denartment , address 100 E. llth St.. St. Paul, nfN 5�101 , hereinafter referzed to as the "Grantee.° WI-IEREAS, pursuan[ to Minnesota StaWtes 4.075, Public Safety has been desi,a,nated as the appropriace agency to receive, allocate and disburse federal monies provided under the National Hi�hway Safety Act of 1966 (P�biic Law 59-564) as amended, and: WHEREAS, P�bGc Safety has a Highway Safety project entided Sa(e & Sober Communities , number O1-04-04, 'I'ask 35 :unded under this law, and: WHEREAS,.the Grantee is authorized pursuant to Minnesota Statutes 4.07� to receive such funds as may be available for such purposes and has obtained a resolu[ion au[horizing the gran[ from their city council or county board of commissioners (the resolution is Exhibit I, which is hereby incorporated by reference and made a part of this agreement); Now, therefore, the pardes agree as follows: 1. Terms oF Grant Agreement This grant agreement shalt be effective on October 1 , 2000 , or upon the date that the final required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until September 30 , 2001 , or until all obligations set forth in this gran[ agreement have been satisfactorily fulfilled, whichever occurs first. The GRANTEE understands that NO work should begin under this Grant until ALL required signatures have been obtained and GRANTEE is notified to begin work by Pu61ic Safety's Authorized Representative. 2. Grantee's Duties The Grantee will pariicipate in Ihe Safe & Sober campaign, a program which seeks to increase comp]iance wiih traffic safety laws, with emphasis on driving while impaired and passenger protection by enhanced enforcement of those laws coupled with education and media rela[ions_ The two-pronoed approach is designed to increase the pu6lic's perception of the likelihood of suffering negative eonsequences if they fail to comply. The Grantee will pnrticipate in seven Safe & Sober waves in accordance with the following calendar: 2001 MINNESOTA SAFE & SOBER Safe & Sober Enhanced Wave Focus Area Pre-Enforcement Media Enforcement Belts or Nov. IS — 21, 2000 � Nov. 22 — 26, 2000 Aggressive * Seat belt Survey Driving ,,�:.,.,P�„r� c�t'<,e SoberGrant Post-Enforcement Media Not required Public Safery/I'raffic Safcty 00 •��o� Wave Focus Area Z Impaired Drivine 3 Belts or A�gressive Drivin� 4 Youth 5 � Occupant I Protection � ` Belts or I Aggressive Driving 7 I Distracted Driving Pre-Enforcemen[ Media 25 - 7 - 13, 2001 April 26 - May 3, 2001 June 21- 27, 2�� 1 22 - 28, 2001 August 18 - 24, Safe & So6er Enhanced Enforcement Nov. 30-Dec. 2, Dec. 7-9, 14-16, Dec.29,2000-Jan. Feb. 14 -17, 2001 2001 Proms, May 3-�, 10-12, 17- 19, 24-26, May 31 - June 2 June 28 - July 7, 2001 7uly 26 - 29, 2001 Au�ust 2� - Septembzr 3, 2001 Post-Enforcement Media & Seat Belt Surveys Jan. 2 - 8, 2001 " Seat belt Survey Feb. 1 S- 24, 2001 " Seat belt Survey June 3 -9, 2001 ''` Seat belt Survey Iuty 3 - 14, 2001 July 30 - August 5, 2001 " Seat belt Survey September 4 - 10, 2001 �` Seaf belt Survey The dates in [he table give the windows for each period. During the youth wave and most of the impaired driving wave, the enforcement window consists largely of Thursdays, Fridays, and Samrdays. Early Sunday mornings ace not excluded from those enforcement windows. Sundays after dawn are excluded from those windows. High school proms held in April, May and June are covered by the youth window whecher or not the date is listed in the calendar. Participation in Safe & Sober 2001 is further defined as: A. Schedulmg and conduc[ing approximataly 250 hours of additional (that is, not reoularly scheduled) traffic patrol during each of the four longer Safe & Sober enforcement periods and 62 hours of additional traffic patrol during each of the three shor[er enforcemen[ periods. � C. Scheduling and conducting approximately 0 hours of additional traffic pa[rot outside of thz four Safe & Sober enforcement periods. These traffic patrols will be conducted using only those officers whom Public Safety approves as eligible.' E1ig'tbility is defined as completion of Occupaot Protec[ion Usage and Enforcement (OPUE) and Standatdized F�eld Sobriety Testing (SFST) courses for agencies participating for a first year in the grant program and those courses, as well as Advanced SFST: Drugs That Impair, for agencies participating for a second or subsequent year in the grant program. D. Scheduling and conducting informal sea[ belt surveys at 5 sites d�ring each of the following time periods: Nov. 15 - 21, 2000; Jan. 2-8, 2001; Feb. 18-24, 2001; June 3-9, 2001; Iuly 30-August 5, 2001; and Sep[. 4- 10, 2001. E. Informing the media of the Safe & Sober program and keeping them apprised of results and focus issues. Through Ihe media and other outlets as decided by the Grantee, informing the pub(ic of the program and focus issues. , F. Su6mitting a written plan for the enforcement and pub6dmedia rela6; 26 2001; June 21 2001 (covenng November I5, 2000, (covering waves I and 2); February 7. 2001; Ap waves 5 and 6); and August 18, 200i on a form provided by Public Safety. .�:....a�„�., c�fo <4 Saber Grant .. Pubf:c SafMyflYat(i< SaCcty, 00 -�ao, G. Submitting a written report on the enforcemen[ and pubiidmedia relations results of each wave on January S, 2001 (covecing waves I and 2); February 24, 2001; June 9, 2001; Auaust 5, 2001 (coverin� waves 5 and 6); and September 10, 2001 on a form provided by Public Safzty. H. Submitting a fina4 �a�ritcen report summarizin� the resuits of al] four waves, and dzscribing progress made rowards reaching each objective and the special project undertaken (if any) no later than November 15, 2001. The final repor[ shail be submitted at [he same time as the fina{ claim for reimbursement I_ Strivin� to incrzase enforcement which can reasonably be expected to fulfill [he purpose of the grant by decrzasin� the incidence of drivin� while impaired, inereasing the use of seat belts, and inereasitt� the public's perceptlon of the ]ikelihood of beina stopped for violations of traffic safzt}' laws. PubSic Safety will provide comQarative 5[a[istics after each reporting period. 7. SVivins to inerease the number of DWI arrests in the jurisdiction(s) covered by the grant. I�. If applicable, (�vhen tlee g�antee is tlze lead agency in a$e covering nvo or �nore ei forcement agencies}; summarize the plans, reports, and imoices for the N/A enforcement agencies inro a single plan, report, and imoice for each wave of the program and submit it to Public Safery. (Chief enforcement officers from each agency covered by this grant agreemen[ mus[ sign this agreement — see sianature page.) 3. Terms For Reimbursement A. Public Safety shall reimburse the Graniee up to a maximum of �� 1� OOo.OQ for the costs incurred by Ihe Grantee in performing the [asks in Sec[ion 2 of this agreement. This reimbursement will be made from funds made available through the Hi�hway Safety Act of 1466 (Public Law 59-564) and amendments thereto. The Grantee shalt be reimbursed only for [hose costs that the bud�et in Sec[ion 4., of this agrezment specifies to be reimbursable costs. In addition, Public Safety will rzimburse the Grantee only for such of these costs that Public Safe[y, in its sole discre[ion, considers to be reasonable and consistent with the cost figures that are in Section 4 of this agreement. g. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Grantee. Claims for reimbursement shall be submitied by the Grantee on forms provided by Public Safety. Claims foi reimbursement may be submitted as often as monthly; a claim must he submitted by Pebruary 11, 2001 (for waves 1 and 2); March 24, 2�Q1 (for wave 3); July 7, 2001 (for wave 4); and October 9, 2001 (for waves 5, 6, and 7). Any final claim must be submitted hy November 1S. 2001 ; after that date reimbursement cannot be approved, The fina] claim shall be accompanied by the final report. C. All claims for reimbursement shalt be supported by written documentation including receipts, invoices, travel vouchers, and project time reports. A signed Highway Safery Equipment Record card (form DPS 7304) for each piece of equipment costing $5,000.00 or more must be submitted with the claim for reimbursement before payment can be made. D. Reimbursement for costs wi{! not be paid on any encumbrance made•by the Grantee prior to Octo6er l, 2000 (or prior to the date that the Vast signature is ob[ained by Public Safery, pursuunt to Minnesota Statute 16C.05, Subd. 2, whichever occurs later) or after September 30 2001 ,unless requested in writin� by Ihe project direcror (or a successor) who signed Ihis agreement on behalf' of the Granree and if approved by Pubtic Safety's OCfice of Traffic Safety, resulUng in an amendment to this agreement. ,...___.,..., c,.F RSnherCiran[ PublicSa(ety/Yra(GcSafcty o e -�aag E. The Grantee shall not be reimbursed for expense incurred for Work found by Public Safe[y to be unsatisfaciory or performed in violation of federal or state laws and regulations. F. This grant agreement is contin�ent upon the State of Minnesota and Public Safety's receivin� funds under the High�t�ay Safety Act of 1966 (Pubiic Law 89-564), as amended, for [he purposes of reimbursina the Grantee for the costs set forth herein. Tf for any reason the State of Minnesota or Public Safzty is prohibited in any way from usina such funds to reimburse the Grantee for any of the costs set forth hzrein, then this agreement shal] be null and void and ihe State of Minnesota and Public Safety shall have no direct nor indirect obligation [o reimburse the Grantee. 4. Approved Budget The budget to be reimbursable from federal 4Q2 funds for this Safe & Sober project is approved as follows: Item Bnforcement Hours and Fringe Benefits Adminisvative Hours and Fiinge Benefits Equipment (half cost of: specific equipment listed here) Operating Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purchase of Incentives or Materials TQTAL 5. General Provisions of Grant A. Additional Enforcement AmounY $12,750.00 $750.00 $1,500.00 $0.00 $0.00 $0.00 $15,000.00 a) Public Safety shall reimburse the Grantee only for the actual hours worked on the tasks and for o[her eligible cosu only if they are ac[ually incuaed 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 bene£t rates of eligible o�cers must be received by Public Safety no later than November 15, 2000. Changes in salary and fringe rates and eligible officers as they occur in the workplace are subject to approval by Public Safety on a continuing basis until the end of the grant ag[eement. b) Reimbursement will be for actual overtime hours worked and for actual fringe benefiu paid on those hours. Any al[emate plan for claiming direct 3abor and relaced fringe costs must be submitted to and approved by Public Safety before the grant begins. wx:...,e�.,r� C.,fa �C Snber Gc2nt Public SaEdy/l'raffic Satety oa -»�9 B. Travel The Grantee may be ceimbursed for [ravel and subsistence expenses in accordance with, but not to exceed, the current Commissioners' Travel Plan, and the bud�et in Section 4., of this a�reemenc The Grantee shall not be reimbursed for travel and suhsistence incurted outside the state of blinnesota unless it has received prior written approval for each such trip from Public Safety. C. Equipment a) Purchase of equipment or services by the Grantee shatl comply with atl procurement procedures and laws that appiy to the Grantee's purchase of similar equipment or services in the performance of its duties other than its du[ies under this agreemeni. b) A�y equipment purchased undet Ihis zgreement shall be used primariLy for traffic safety purposes during the life of the equipment The Grantee may no[ deviate from [his requirement, and may not dispose of any equipment unless it has first obtained written permission from Public Safery. c) The Grantee shall be responsible for all operating, maintenance, and repair costs of equipment purchased under this agreement un]ess otherwise specified_ Tide to equipment acquired under this agreemenc wilt vest upon the grantee. D. Indirect Cos[s Indirect costs shall not be reimbursed under this agreement. E. Records and Documentation a) The Grantee shall be responsible for keeping records that fu11y disciose the amount and disposition of funds and the total cost of the programs or projects for which the funds are provided. The accounting procedures utilized by the Grantee shatl provide for the accurate and timely recording of the receipt of funds and expenditures. b) The books, records, documents, and accounting grocedures 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 grant agreement. c) Grantee shall obtain an annual (or biennial coverin� both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public Law 93- 502) and Office of Management and Budget Circular A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorporated by refetence. 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 litigation, claims, or audit findings involving the records have been resolved, whichever is later. M7n.,rcnra .Cnfe & Sober (if371[ � Public Safery�I'raffic SaPety oa _a u� F. Ownershio of Documents ALI reports, studies, Qhotographs, negatives, or other documents prepared by the Grantee in the performance of its obligation under this agreement shall be the exclusive property of Public Safety. The Grantee may continue to use the materials to promote highway safery, but may not seli or offer for sale any documents developed under this agreement, unless a plan to record such sales and make the procezds available for traffic safety purposes is approved by Public Safety� G. Amendments a) Any amendments to this agreement shall be in writing. b) Minor changes in the tasks and budga[ in Section 2., of this agreement ma}' be made if requested in writing Uy the project director (or a successor) on behalf of the Grantee and if appro�'ed in writin� by Public Safety's Office of Traffic Safety. Changes requirinP the approval of the U.S. Department of Transportation or resutting in reimbursement claims in excess of S 1�.000.00 are not minor changes. H. Cancellation a) When Public Safety finds that there has been a failure to comply with the provision of this agreeme�t or with the provisions of Exhibits R or ITI, or that [he purposes for ihe funds haee not been, or wili not be fulFilled, notwithstanding any other provisions of this ao eement'to the contrary, Public Safety may take such action as i[ deems nuessary and appropriate to protect the interest of the State of Minnesota, including the refusal to disburse additional funds and requiring the repayment of any funds already dis6u�sed. b} This agreemen[ may be canceled by Public Safety with or without cause, upon ten (10) days writ[en notice to the other party. In the event of such a cancetlation the Grantee shalt be en[itled to reimburse[nent for expenses incurred for work or services satisfactorily performed on the tasks up to [he date of cancellation. I. Liabilit As permitted by law, the Grantee shaLl retain any and all liability, and agrees to indemnify, save, and hold Public Safety, its agents, and employees harmless from any and atL claims or causes of action arising from the performance of this agreement by Grantee or Grantee's agents or employees. This clause shall not be construed to bar any legal remedies Grantee may have for Public Safety's failure to fulfili its ob]igations pursuant to this agreement. J. Misceltaneous This agreement shall be subjec[ to all applicable federal and state stawtes and regulations, including, but not limi[ed to, the foliowing: a) Section 504 of the Rehabilitation Act of 1973 (24 U.S.C. 794) and 49 CFR Part 27 which relates ro handicapped persons. �,r...,><„ra .eofo. .4 .Sober Grant Public Safery?raffic Safery � O - \�ro 1 b) 49 C�R Part 23 - Participation by minority business enterprises in Department of Transportation Pro�rams; 49 CFR Part 29 Subpart F- The Drug-Free ��'orkplace Act of 1958; 23 U.S.C.101 Note and 41 U.S.C.lOa - Suy America Act and 49 CFR Part 29 - Certification Regarding Debarment and Suspension. These provisions are addressed in Exhibit III, �s'hich is hereby incorporated by reference and made a part of this a�reement (see Exhibit III). c) Title V I of the Civil Rights Act of 1964, as amended. d) Also, by signin� this agreeme�t, the Grantee certifies that the Grantee has a current safety belt use policy. Public Safety's authorized aaent for the purposes of administration of this contract Ss Paul Schoen , state program administrator of the Office of Traffic Safety or hisJher successor on staff. The administrator's address is Suite 150 Town S uare 444 Cedar Street St. Paul Minnesota. 55101-5150 and phone number is 6�1-247-4515 . .e:....e�,.�-, C.,Fn ,C .Snber Cifant � Pubht SafetylitaCfic SaCety 00 -1� dt IN �VITIQESS WHEREOF, the pazties have caused this agreement to be duly executed intendino to be bound thereby. APPROVED GRANTEE GRANTEE certifie5 eha[ che appropria[e peaon(s) hae�e execu[zd the Gmn[ Co�trac[ on beha{f of tlie GRANTEE as required by applicable aztid<s, by-laws, resolutions, or ordinanczs. sy: 'I'itie: Chief of the St. Paul Police Date: 2. COMMISSIONER OF PUBLIC SAFETY Dzlegated to: $ Tide: Director, Okfice ef Traffic Safety Da[e: nrt��.,P<nr� .Snfe & Sobef C�irant � Publie Safery�l'ra(fic Sa(ery bC•\�0 Exhibil II 4-?2-98 Page 1 of 2 FEDERAL AUDiT REQUIREMENTS i. For subrecipients who are state (includes Indian tribes) or local governments If the grantee receives total direct and indirect federal assistance of: '" Equal to or in excess of �300,000 or more per year, the grantee agrees to obiain a financial and compliance audit made in accordance with the Single Audit Act o! 1984 (Public Law 98-502) and the tederal 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 govemment, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. Audits shall 6e made annually unless the State or local government has, by January i, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the cognizant agency shali permit biennial audits, covering both years, 'rf the government so requests. 4t shall also honor requests for biennial audits by governments that have an administrative policy cailing for audits less trequent than annual, but only for fiscai years beginning before January 1, �987. 2. For subrecipients who are institutions of fiigher education, hospitats, or other nottprofit organizations if the grantee receives Totai direct and indirect federai assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circufar A-133. The audit must be an organization wide audit, unless ft is a coordinated audit in accordance with OMBCircularA-133. fiowever, when the $300,000 or more was reCeived u�der only one program, the subrecipient may have an audit of that one program. Audits shalf usua{ty be made annualiy, but not less freque�tiy than every hvo years. 3. A{I audits shal! be made by an independent auditor. An independent auditor is a state or local govemment auditor or a public accountant who meets tha independence standards specified in Yhe Genara) Accounting Office's Standards for Audit of Govemmental Qrqanizations Proarams Activfties. and Functions. 4. Audit repo[ts shail state that the audit was performed in accordance with the provisions of OM8 Circular A-133 as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Pubiic Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, 'Special Fieports," as applicabte. oc-�an� Exhibit II 4-22-98 Page 2 of 2 The repoRing requirements tor audit repor[s on compliance and internal controls shall be in accordance with AICPA'S SAS 63, `Compliance Auditing Applicable to Governmental Entities and Other Recipienfs of Governmental Financiaf Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective aciion taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit ceport. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to compfy with the Singie Audit Act and OMB Ciroular A-133, as applicabie. 6. Grantees of federai financial assistance from subrecipients are aiso required to comply with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agrees to retain documentation to support the schedule af federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety, within 30 days after the comp4etion of the audit, but no later than one year after the end of the audit period. The Department of Pubiic Saiety's audit report shou4d be addressed to: Minnesota Department of Public Safety OSice ot Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipients af more that $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the ciearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson,indiana 47132 Attn: Single Audit Ciearinghouse 00 -�1oe Exhibil 111 Page i of 3 CERTIFICATIONS AND ASSURANCES DRUG FREE WORKPLACE (49 CFit PART 29 SUBPART F) In accordance with the Drua-Free �Vorkplace Act of 1988 (49 CFft Part 29 Subpart �, the State witf provide a drug-free workplace by: a) Publishing a statement no[ifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee s�vorkplace and specifying the ac(ions tha[ will be taken against employees for violation of such prohibition; b) Establishing a dru3-free a�vareness program to inform employees abour. 1) The dangers of drug abuse in [he workplace; 2) The grantees policy of maintaining a druL free workplace; 3) Any avai(able drug counse]ing, rehabilitation, and employee assistance proo ams; and 4) The penalties Ihat may be imposed upon employees for drug abuse violations occuering 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 paraa aph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condiaon of employmenc undec the grant, [he employee will -- 1) A6ide by the [erms of the statement; and 2) Notify the employer of any criminai drug statute conviction for a violation ocwrring in [he workplace no later than five days after such conviction. e) Notifying ihe agency within ten days afrer receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. � Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- 1) Taking appropriate personne] acpon against such an employee, up to and including ternunation; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropnace agency. g) Making a good faith effort to continue to maintain a drug-free workplace tivuugh implementation of pazagraphs (a),(b),(c),(d),(ej, and (� above. BUX AMERICA ACT (23 U S C 101 NOTE AMl 41 U S C. 1Qal The State will comply with the provisions of the Buy America Act. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federal govemment-wide reference is 23 IJ.S.C. 10a. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the State can show that such domestic purchases would be inconsistent wi[h the public interest; that such materials are not reasonably available and are of an unsatisfacrory quality; or that inclusion of domestic materials will increase the cost of the overall projut contract by more than 25 percent. Clear justification tor the purchase oE non-0omestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. oo-�aoq Exhibit fiI Page 2 of 3 CERTIFfCATION REGARDING LOBBYII�'G Certification for Contracts, Grants, Loans, and Cooperative Agreements 1) No Federal appropriaced funds have been gaid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an o�cer or employee of any a�ency, a Member of Con�ess, an officer or employee of Congress, or an employee of a Member of Cona ess in connection with the awazding of any Federal contract, the mal:ing of any Federal grant, [he making of any Federal loan, the entzrin� mto of any cooperative agreement, and the ex[ension, con[inuatlon, re�ewal, amendment, or modification of any Pederal contract, grant, loan, or cooperative ao eement. 2) If any funds oiher than Federal appropriated funds have been paid or wil{ be paid to any person for infl¢encina or attempting to influence an officer or employee of any agency, a Member of Congress, an ofFicer or employee of Cona ess, or an employee of a Member of Congress in conneccion with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disdosure Form to Reporc Lo6bying;' in accordance with its mstruc[ions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all ders (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when tliis transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tide 31, U.S. Code. Any person who fails to file tUe required certification shall be subject to a civil penalty of not less than $IQ000 and not more than $100,000 for each such failure. CERTIFICATION REGARDING DEBARMENT ANll SUSPENSION In accordance with the provisions of 49 CFR Part 29, the State agrees that it sha11 not knowingty enter into any agreement under iu Highway Safery Plan wich a person or entity that is bazred, suspended, declared inelit ble, or voluntarily excluded from pactic�pauon in the Section 4Q2 program, unless otherwise authorized by NHTSA. The State fiuther agrees that it will inciude the following clause and accompanying instruction, without modificauon, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Instructions for Certificadon 1. By signing and submitting this proposal, the prospective lower Ger patticipant is providing the certification sef out below. _ 2. The certification in this clause is a material representation of fact upon which reliance was placed when this ffansaction was entered into. If it is later determined that the prospective ]ower tier participant I�owingty rendered an erroneous certification, in addition to other remedies available fo the Federal govemment, the department or agency with which this transacUOn ocigiaated may pursue available remedies, including suspension andlor 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 lier participant learns that its certificafion was erroneous when submitted or has become erroneaus by reason of changed circumstances. 4. The terms ° covered transaction," "debarred," "suspended," "ineligible," "lower tier covered uansaction;' "participant," "person," "primary covered iransaction; "principal," "proposal;' and "voluntarily excluded," as used in ffiis clause, have the meamngs set o�t in the DeFinition and Coverage sections of 49 CFR Part29. You may contact the person to whom this proposal is submitted for assistance in obiaining a copy of those regulations. 5. The prospective lower tier participant agees by submitting this proposal that, should the proposed covered transaction be entered into, it afiall not knowingly enter into any lower uu covered ttansactions wdh a person k> _ . �: �. . ` ii. .. ... � � . . oo��aoq Exhibit III Page 3 oF 3 who is debarred, suspended, declared ineliLibie, or voluntarily excluded from participation in this covered transacfion, unless authorized by the department or aLency with which this transactions oritinated. 6. The prospective lower tier participant further a�rees by submittins this proposal that i[ witl include this clause titled "Certification Re�arding Debarment, Suspension, Inelioibiliq� and Voluntary Exclusion -- Lowe� Tier Covered Transaction," withoui modification, in all lower tier covered transactions and in atl solicitation for Iower tier covered transactioos. (See below) 7. A participan[ in a covered transaction may rely upon a certification of a prospzetive participant in a{o�ver tier covered transaction that it is not debarred, suspended, ine}�o961e, or `�olun[arily excludzd trom thz covered transaction, uniess it knows that ihe certification is enoneous. A panicipane may dzcide che meehod and frequency by which it determines ihe eligibility of its principals. Each paraapant may, but is not required to, check tfie Nonprocurement List. S. Nothin� contained in the fore�,omg shall be construed to require establishment of a system of records in order [o render in good faith the certifieation required by this clause. The knowledee and informatio� of a participant is not rzquired to exceed that which is normally possessed by a prudent person in Ihe ordinary course of business dea{ings. 9. Excep[ for transactions authorized under paragraph 5 of these inscructions, if a participant in a covered transaction knowingly enters into a lower tier cove�ed transaction with a person who is suspended, debnrred, ineligible, or voluntarily excluded from participation in this transaction, in addidon to othzr remedies availabie ro the Federal govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Cer[ification Regarding Debarment, Suspension, Ioeligibility and Voluntary Exclusion -- I.ower Tier Covered Transactions L The prospective lower tier pariicipant certifies, by snbmission of this proposal, that neither it nor its principals is presendy debarred, suspended, proposed for debarment, declaeed meligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where [he prospective lowe� tier participant is unable to eertify to any of the s[atemenu i� this cecbfication, such prospec[ive participanu shali attach an exp]anation to this proposal. MINORITY BUSINESS ENTERPRISE REOUITtEMENTS In accordance with the provisions of 49 CFR Par[ 23, the State agrees to abide Uy the following statements, and shall ensure that these statements are included in all subsequent agreements and/or contracts assisied by Sution 402 funds: It is the policy of Ihe Department of Transportation Ihat minority business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to partictpate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequendy, the MBE requirements of d9 CFR Part 23 apply to ihis agreement. The recipient or its contractor agrees to enswe that minority business enterprises as defined in 49 CFR Part 23 have the maximum oppormnity to participate in the performance of contracts and subcontracts financed in whole or in part wi[h Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable s[eps in accordance with A9 CFR Part 23 to ensure that minority business enterptises fiave the maximum oppOrtunity [o compete for and perform contracts. Recipients and [heir contractors shall noi discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. ORlG{f�AL Retum Copy To: Police Dept. Accounting Presented By: RESOLUTION SAINT PAUL, MINNESOTA �\ Referred To: Committee:Date: 1 2 3 4 R'IIEREAS, the Saint Paul Police Department has received a�15,000 Safe & Sober grant from the 5 Minnesota Department of Public Safety, Office of Traffic Safety for the period October 1, 2000 through 6 Septem6er 3�, 2001; and 7 8 WHEREAS, Chief W�71iam Finney is hereby authorized to eaecute such agreements and amendments as 9 are necessary to implement the project on 6ehalf of the Saint Paul Palice Department and to be the fiscal 10 agent and administer the grant; and 11 12 BE TT RESOL�'ED, that the City Council accepts this grant and authorizes the City of Saint Paul and its 13 Police Department to enter into a grant agreement with the Minnesota Department of Public 5afety, 14 Office of Traffic 5afety for the project entitled Safe & Sober Communities during the period from 15 October 1, 2000 through September 30, 2001. 16 17 18 19 20 zi zz 23 za zs 26 27 28 29 30 31 32 33 34 35 36 37 Requested by Department of: Adopted by Council:Date: [� �, Z7 yp e '- - Adoption CeMified by Council Secretary: By: 7► c'�� Approved by ayor:Date: �� y ��f By: / l rt � s ' Approv eco e By: / Form p ed by City sy: Approved 'M orfor By� /��LN.e � Council File # Q{� � \ �, O � Green Sheet# 107102 Services Director: to Council: SafeanCSoberGrentAuthorization.cr2000 �� DEPARTMEMTfOFGiCE1COUNCIL DAT9INITIATED - PoliceDepariment 4vsoioo GREEN SHEET No. ��?/Da. CON A T PERSON & PHONE MIML/DA MRIAUOATE Ct1lefFinney 292-3588 1 oevnnrre+rnnx¢c.on 5 cou'ua�. � MUST BE ON CO NCIL AGENDA BY (DA E) � n Od ��O ` Please process ASAP �rcnrrvnnEr_ �r� �arv«enK ( �// ��axcw,sFnv�cesax.: �FNGN�4LSERV/PCCTG � v� � �e pwYOR(ORA456TMfIj �RIGHTS ��i TOTAL # OF SIGNATURE PAGES 1 (CLfP ALL LOCATIONS FOR SfGNATURE) AC710N REQUES7ED Apprwal of the attached council resolution accepting a Safe and Sober grant and authorizing the City of Saint Paul and its Police Depar[ment to enter into a grant agrzement with the Minnesota Departnruent of Public Safery, Office of Traffic Safety. RECOMMENDATION Apprwe (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWEA THE FOLLOWING OUESTIOWS: 1. Has this personlfirm ever worked uMer a contract tor this tlepaRmentl PIANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfrm ever 6een a city employee? CIVIL SERVICE COMMISSION YE5 NO 3. Does this personlfirtn possess a sbll not normally possesserl by any current oiry employee? YES NO 4. Is ihis person/firm a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM 45SUE, OPPORTUNITY (WH�. WHAT, WHEN, WHERE, WHY) The Mimtesota Department of Public Safety, Office of Traffic Safety has awazded a$15,000 Safe and Sober Grant to the Saint Paul Police Department for the period October 1, 2000 through September 30, 2001. The Minnesota Departrnent of Public Safery, Office of Traffic Safety requires a resolution authorizing execuflon of the grant agreement. (Attached is a copy of [he grant agreement.) - p fl9rtss.Q V{ I 'ldCl! 14tiL �er ADVANTAGES IF APPROVE6 Additional traffic enforcement designed to increase compiiance rvith traffic safety laws. ��' �` �� DISADVANTAGES IF APPROVED None. DISADVANTAGES IF NO7 APPROVED k� 4 �- � X '..,� ° '�„ ��i�` �� rASSOf�,t�a�ng. DEG 1 � 2�� C�TY A�TOf��`,r TOTAL AMOUNT OF 7RANSACTION 8 15,000 COSTlREVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDMG SOURCE $THLZ Of MN DBpBItlnOIIt OPPIlI1HC $�Cly ACTIVITY NUMBER 04100 FINANCIAL INFORMATION (EXPLA�N) Safe&Soberganlauthorization.gs2000 0 0 -\�e%i GRANT AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY A ND THE ST. PAUL POLICE DEPARTMEIvT Federal Funds provided under U. S. Department of Transporiation's State and Community Highway Safety Pro�ram, Federal Catalog Number 20.6000. The parties ro this agreement are the Department of Public Safzty of the State of Minnesota hereinafrer rzferred to as "Public Safety;' and the St Paut Police Denartment , address 100 E. llth St.. St. Paul, nfN 5�101 , hereinafter referzed to as the "Grantee.° WI-IEREAS, pursuan[ to Minnesota StaWtes 4.075, Public Safety has been desi,a,nated as the appropriace agency to receive, allocate and disburse federal monies provided under the National Hi�hway Safety Act of 1966 (P�biic Law 59-564) as amended, and: WHEREAS, P�bGc Safety has a Highway Safety project entided Sa(e & Sober Communities , number O1-04-04, 'I'ask 35 :unded under this law, and: WHEREAS,.the Grantee is authorized pursuant to Minnesota Statutes 4.07� to receive such funds as may be available for such purposes and has obtained a resolu[ion au[horizing the gran[ from their city council or county board of commissioners (the resolution is Exhibit I, which is hereby incorporated by reference and made a part of this agreement); Now, therefore, the pardes agree as follows: 1. Terms oF Grant Agreement This grant agreement shalt be effective on October 1 , 2000 , or upon the date that the final required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until September 30 , 2001 , or until all obligations set forth in this gran[ agreement have been satisfactorily fulfilled, whichever occurs first. The GRANTEE understands that NO work should begin under this Grant until ALL required signatures have been obtained and GRANTEE is notified to begin work by Pu61ic Safety's Authorized Representative. 2. Grantee's Duties The Grantee will pariicipate in Ihe Safe & Sober campaign, a program which seeks to increase comp]iance wiih traffic safety laws, with emphasis on driving while impaired and passenger protection by enhanced enforcement of those laws coupled with education and media rela[ions_ The two-pronoed approach is designed to increase the pu6lic's perception of the likelihood of suffering negative eonsequences if they fail to comply. The Grantee will pnrticipate in seven Safe & Sober waves in accordance with the following calendar: 2001 MINNESOTA SAFE & SOBER Safe & Sober Enhanced Wave Focus Area Pre-Enforcement Media Enforcement Belts or Nov. IS — 21, 2000 � Nov. 22 — 26, 2000 Aggressive * Seat belt Survey Driving ,,�:.,.,P�„r� c�t'<,e SoberGrant Post-Enforcement Media Not required Public Safery/I'raffic Safcty 00 •��o� Wave Focus Area Z Impaired Drivine 3 Belts or A�gressive Drivin� 4 Youth 5 � Occupant I Protection � ` Belts or I Aggressive Driving 7 I Distracted Driving Pre-Enforcemen[ Media 25 - 7 - 13, 2001 April 26 - May 3, 2001 June 21- 27, 2�� 1 22 - 28, 2001 August 18 - 24, Safe & So6er Enhanced Enforcement Nov. 30-Dec. 2, Dec. 7-9, 14-16, Dec.29,2000-Jan. Feb. 14 -17, 2001 2001 Proms, May 3-�, 10-12, 17- 19, 24-26, May 31 - June 2 June 28 - July 7, 2001 7uly 26 - 29, 2001 Au�ust 2� - Septembzr 3, 2001 Post-Enforcement Media & Seat Belt Surveys Jan. 2 - 8, 2001 " Seat belt Survey Feb. 1 S- 24, 2001 " Seat belt Survey June 3 -9, 2001 ''` Seat belt Survey Iuty 3 - 14, 2001 July 30 - August 5, 2001 " Seat belt Survey September 4 - 10, 2001 �` Seaf belt Survey The dates in [he table give the windows for each period. During the youth wave and most of the impaired driving wave, the enforcement window consists largely of Thursdays, Fridays, and Samrdays. Early Sunday mornings ace not excluded from those enforcement windows. Sundays after dawn are excluded from those windows. High school proms held in April, May and June are covered by the youth window whecher or not the date is listed in the calendar. Participation in Safe & Sober 2001 is further defined as: A. Schedulmg and conduc[ing approximataly 250 hours of additional (that is, not reoularly scheduled) traffic patrol during each of the four longer Safe & Sober enforcement periods and 62 hours of additional traffic patrol during each of the three shor[er enforcemen[ periods. � C. Scheduling and conducting approximately 0 hours of additional traffic pa[rot outside of thz four Safe & Sober enforcement periods. These traffic patrols will be conducted using only those officers whom Public Safety approves as eligible.' E1ig'tbility is defined as completion of Occupaot Protec[ion Usage and Enforcement (OPUE) and Standatdized F�eld Sobriety Testing (SFST) courses for agencies participating for a first year in the grant program and those courses, as well as Advanced SFST: Drugs That Impair, for agencies participating for a second or subsequent year in the grant program. D. Scheduling and conducting informal sea[ belt surveys at 5 sites d�ring each of the following time periods: Nov. 15 - 21, 2000; Jan. 2-8, 2001; Feb. 18-24, 2001; June 3-9, 2001; Iuly 30-August 5, 2001; and Sep[. 4- 10, 2001. E. Informing the media of the Safe & Sober program and keeping them apprised of results and focus issues. Through Ihe media and other outlets as decided by the Grantee, informing the pub(ic of the program and focus issues. , F. Su6mitting a written plan for the enforcement and pub6dmedia rela6; 26 2001; June 21 2001 (covenng November I5, 2000, (covering waves I and 2); February 7. 2001; Ap waves 5 and 6); and August 18, 200i on a form provided by Public Safety. .�:....a�„�., c�fo <4 Saber Grant .. Pubf:c SafMyflYat(i< SaCcty, 00 -�ao, G. Submitting a written report on the enforcemen[ and pubiidmedia relations results of each wave on January S, 2001 (covecing waves I and 2); February 24, 2001; June 9, 2001; Auaust 5, 2001 (coverin� waves 5 and 6); and September 10, 2001 on a form provided by Public Safzty. H. Submitting a fina4 �a�ritcen report summarizin� the resuits of al] four waves, and dzscribing progress made rowards reaching each objective and the special project undertaken (if any) no later than November 15, 2001. The final repor[ shail be submitted at [he same time as the fina{ claim for reimbursement I_ Strivin� to incrzase enforcement which can reasonably be expected to fulfill [he purpose of the grant by decrzasin� the incidence of drivin� while impaired, inereasing the use of seat belts, and inereasitt� the public's perceptlon of the ]ikelihood of beina stopped for violations of traffic safzt}' laws. PubSic Safety will provide comQarative 5[a[istics after each reporting period. 7. SVivins to inerease the number of DWI arrests in the jurisdiction(s) covered by the grant. I�. If applicable, (�vhen tlee g�antee is tlze lead agency in a$e covering nvo or �nore ei forcement agencies}; summarize the plans, reports, and imoices for the N/A enforcement agencies inro a single plan, report, and imoice for each wave of the program and submit it to Public Safery. (Chief enforcement officers from each agency covered by this grant agreemen[ mus[ sign this agreement — see sianature page.) 3. Terms For Reimbursement A. Public Safety shall reimburse the Graniee up to a maximum of �� 1� OOo.OQ for the costs incurred by Ihe Grantee in performing the [asks in Sec[ion 2 of this agreement. This reimbursement will be made from funds made available through the Hi�hway Safety Act of 1466 (Public Law 59-564) and amendments thereto. The Grantee shalt be reimbursed only for [hose costs that the bud�et in Sec[ion 4., of this agrezment specifies to be reimbursable costs. In addition, Public Safety will rzimburse the Grantee only for such of these costs that Public Safe[y, in its sole discre[ion, considers to be reasonable and consistent with the cost figures that are in Section 4 of this agreement. g. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Grantee. Claims for reimbursement shall be submitied by the Grantee on forms provided by Public Safety. Claims foi reimbursement may be submitted as often as monthly; a claim must he submitted by Pebruary 11, 2001 (for waves 1 and 2); March 24, 2�Q1 (for wave 3); July 7, 2001 (for wave 4); and October 9, 2001 (for waves 5, 6, and 7). Any final claim must be submitted hy November 1S. 2001 ; after that date reimbursement cannot be approved, The fina] claim shall be accompanied by the final report. C. All claims for reimbursement shalt be supported by written documentation including receipts, invoices, travel vouchers, and project time reports. A signed Highway Safery Equipment Record card (form DPS 7304) for each piece of equipment costing $5,000.00 or more must be submitted with the claim for reimbursement before payment can be made. D. Reimbursement for costs wi{! not be paid on any encumbrance made•by the Grantee prior to Octo6er l, 2000 (or prior to the date that the Vast signature is ob[ained by Public Safery, pursuunt to Minnesota Statute 16C.05, Subd. 2, whichever occurs later) or after September 30 2001 ,unless requested in writin� by Ihe project direcror (or a successor) who signed Ihis agreement on behalf' of the Granree and if approved by Pubtic Safety's OCfice of Traffic Safety, resulUng in an amendment to this agreement. ,...___.,..., c,.F RSnherCiran[ PublicSa(ety/Yra(GcSafcty o e -�aag E. The Grantee shall not be reimbursed for expense incurred for Work found by Public Safe[y to be unsatisfaciory or performed in violation of federal or state laws and regulations. F. This grant agreement is contin�ent upon the State of Minnesota and Public Safety's receivin� funds under the High�t�ay Safety Act of 1966 (Pubiic Law 89-564), as amended, for [he purposes of reimbursina the Grantee for the costs set forth herein. Tf for any reason the State of Minnesota or Public Safzty is prohibited in any way from usina such funds to reimburse the Grantee for any of the costs set forth hzrein, then this agreement shal] be null and void and ihe State of Minnesota and Public Safety shall have no direct nor indirect obligation [o reimburse the Grantee. 4. Approved Budget The budget to be reimbursable from federal 4Q2 funds for this Safe & Sober project is approved as follows: Item Bnforcement Hours and Fringe Benefits Adminisvative Hours and Fiinge Benefits Equipment (half cost of: specific equipment listed here) Operating Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purchase of Incentives or Materials TQTAL 5. General Provisions of Grant A. Additional Enforcement AmounY $12,750.00 $750.00 $1,500.00 $0.00 $0.00 $0.00 $15,000.00 a) Public Safety shall reimburse the Grantee only for the actual hours worked on the tasks and for o[her eligible cosu only if they are ac[ually incuaed 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 bene£t rates of eligible o�cers must be received by Public Safety no later than November 15, 2000. Changes in salary and fringe rates and eligible officers as they occur in the workplace are subject to approval by Public Safety on a continuing basis until the end of the grant ag[eement. b) Reimbursement will be for actual overtime hours worked and for actual fringe benefiu paid on those hours. Any al[emate plan for claiming direct 3abor and relaced fringe costs must be submitted to and approved by Public Safety before the grant begins. wx:...,e�.,r� C.,fa �C Snber Gc2nt Public SaEdy/l'raffic Satety oa -»�9 B. Travel The Grantee may be ceimbursed for [ravel and subsistence expenses in accordance with, but not to exceed, the current Commissioners' Travel Plan, and the bud�et in Section 4., of this a�reemenc The Grantee shall not be reimbursed for travel and suhsistence incurted outside the state of blinnesota unless it has received prior written approval for each such trip from Public Safety. C. Equipment a) Purchase of equipment or services by the Grantee shatl comply with atl procurement procedures and laws that appiy to the Grantee's purchase of similar equipment or services in the performance of its duties other than its du[ies under this agreemeni. b) A�y equipment purchased undet Ihis zgreement shall be used primariLy for traffic safety purposes during the life of the equipment The Grantee may no[ deviate from [his requirement, and may not dispose of any equipment unless it has first obtained written permission from Public Safery. c) The Grantee shall be responsible for all operating, maintenance, and repair costs of equipment purchased under this agreement un]ess otherwise specified_ Tide to equipment acquired under this agreemenc wilt vest upon the grantee. D. Indirect Cos[s Indirect costs shall not be reimbursed under this agreement. E. Records and Documentation a) The Grantee shall be responsible for keeping records that fu11y disciose the amount and disposition of funds and the total cost of the programs or projects for which the funds are provided. The accounting procedures utilized by the Grantee shatl provide for the accurate and timely recording of the receipt of funds and expenditures. b) The books, records, documents, and accounting grocedures 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 grant agreement. c) Grantee shall obtain an annual (or biennial coverin� both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public Law 93- 502) and Office of Management and Budget Circular A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorporated by refetence. 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 litigation, claims, or audit findings involving the records have been resolved, whichever is later. M7n.,rcnra .Cnfe & Sober (if371[ � Public Safery�I'raffic SaPety oa _a u� F. Ownershio of Documents ALI reports, studies, Qhotographs, negatives, or other documents prepared by the Grantee in the performance of its obligation under this agreement shall be the exclusive property of Public Safety. The Grantee may continue to use the materials to promote highway safery, but may not seli or offer for sale any documents developed under this agreement, unless a plan to record such sales and make the procezds available for traffic safety purposes is approved by Public Safety� G. Amendments a) Any amendments to this agreement shall be in writing. b) Minor changes in the tasks and budga[ in Section 2., of this agreement ma}' be made if requested in writing Uy the project director (or a successor) on behalf of the Grantee and if appro�'ed in writin� by Public Safety's Office of Traffic Safety. Changes requirinP the approval of the U.S. Department of Transportation or resutting in reimbursement claims in excess of S 1�.000.00 are not minor changes. H. Cancellation a) When Public Safety finds that there has been a failure to comply with the provision of this agreeme�t or with the provisions of Exhibits R or ITI, or that [he purposes for ihe funds haee not been, or wili not be fulFilled, notwithstanding any other provisions of this ao eement'to the contrary, Public Safety may take such action as i[ deems nuessary and appropriate to protect the interest of the State of Minnesota, including the refusal to disburse additional funds and requiring the repayment of any funds already dis6u�sed. b} This agreemen[ may be canceled by Public Safety with or without cause, upon ten (10) days writ[en notice to the other party. In the event of such a cancetlation the Grantee shalt be en[itled to reimburse[nent for expenses incurred for work or services satisfactorily performed on the tasks up to [he date of cancellation. I. Liabilit As permitted by law, the Grantee shaLl retain any and all liability, and agrees to indemnify, save, and hold Public Safety, its agents, and employees harmless from any and atL claims or causes of action arising from the performance of this agreement by Grantee or Grantee's agents or employees. This clause shall not be construed to bar any legal remedies Grantee may have for Public Safety's failure to fulfili its ob]igations pursuant to this agreement. J. Misceltaneous This agreement shall be subjec[ to all applicable federal and state stawtes and regulations, including, but not limi[ed to, the foliowing: a) Section 504 of the Rehabilitation Act of 1973 (24 U.S.C. 794) and 49 CFR Part 27 which relates ro handicapped persons. �,r...,><„ra .eofo. .4 .Sober Grant Public Safery?raffic Safery � O - \�ro 1 b) 49 C�R Part 23 - Participation by minority business enterprises in Department of Transportation Pro�rams; 49 CFR Part 29 Subpart F- The Drug-Free ��'orkplace Act of 1958; 23 U.S.C.101 Note and 41 U.S.C.lOa - Suy America Act and 49 CFR Part 29 - Certification Regarding Debarment and Suspension. These provisions are addressed in Exhibit III, �s'hich is hereby incorporated by reference and made a part of this a�reement (see Exhibit III). c) Title V I of the Civil Rights Act of 1964, as amended. d) Also, by signin� this agreeme�t, the Grantee certifies that the Grantee has a current safety belt use policy. Public Safety's authorized aaent for the purposes of administration of this contract Ss Paul Schoen , state program administrator of the Office of Traffic Safety or hisJher successor on staff. The administrator's address is Suite 150 Town S uare 444 Cedar Street St. Paul Minnesota. 55101-5150 and phone number is 6�1-247-4515 . .e:....e�,.�-, C.,Fn ,C .Snber Cifant � Pubht SafetylitaCfic SaCety 00 -1� dt IN �VITIQESS WHEREOF, the pazties have caused this agreement to be duly executed intendino to be bound thereby. APPROVED GRANTEE GRANTEE certifie5 eha[ che appropria[e peaon(s) hae�e execu[zd the Gmn[ Co�trac[ on beha{f of tlie GRANTEE as required by applicable aztid<s, by-laws, resolutions, or ordinanczs. sy: 'I'itie: Chief of the St. Paul Police Date: 2. COMMISSIONER OF PUBLIC SAFETY Dzlegated to: $ Tide: Director, Okfice ef Traffic Safety Da[e: nrt��.,P<nr� .Snfe & Sobef C�irant � Publie Safery�l'ra(fic Sa(ery bC•\�0 Exhibil II 4-?2-98 Page 1 of 2 FEDERAL AUDiT REQUIREMENTS i. For subrecipients who are state (includes Indian tribes) or local governments If the grantee receives total direct and indirect federal assistance of: '" Equal to or in excess of �300,000 or more per year, the grantee agrees to obiain a financial and compliance audit made in accordance with the Single Audit Act o! 1984 (Public Law 98-502) and the tederal 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 govemment, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. Audits shall 6e made annually unless the State or local government has, by January i, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the cognizant agency shali permit biennial audits, covering both years, 'rf the government so requests. 4t shall also honor requests for biennial audits by governments that have an administrative policy cailing for audits less trequent than annual, but only for fiscai years beginning before January 1, �987. 2. For subrecipients who are institutions of fiigher education, hospitats, or other nottprofit organizations if the grantee receives Totai direct and indirect federai assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circufar A-133. The audit must be an organization wide audit, unless ft is a coordinated audit in accordance with OMBCircularA-133. fiowever, when the $300,000 or more was reCeived u�der only one program, the subrecipient may have an audit of that one program. Audits shalf usua{ty be made annualiy, but not less freque�tiy than every hvo years. 3. A{I audits shal! be made by an independent auditor. An independent auditor is a state or local govemment auditor or a public accountant who meets tha independence standards specified in Yhe Genara) Accounting Office's Standards for Audit of Govemmental Qrqanizations Proarams Activfties. and Functions. 4. Audit repo[ts shail state that the audit was performed in accordance with the provisions of OM8 Circular A-133 as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Pubiic Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, 'Special Fieports," as applicabte. oc-�an� Exhibit II 4-22-98 Page 2 of 2 The repoRing requirements tor audit repor[s on compliance and internal controls shall be in accordance with AICPA'S SAS 63, `Compliance Auditing Applicable to Governmental Entities and Other Recipienfs of Governmental Financiaf Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective aciion taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit ceport. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to compfy with the Singie Audit Act and OMB Ciroular A-133, as applicabie. 6. Grantees of federai financial assistance from subrecipients are aiso required to comply with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agrees to retain documentation to support the schedule af federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety, within 30 days after the comp4etion of the audit, but no later than one year after the end of the audit period. The Department of Pubiic Saiety's audit report shou4d be addressed to: Minnesota Department of Public Safety OSice ot Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipients af more that $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the ciearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson,indiana 47132 Attn: Single Audit Ciearinghouse 00 -�1oe Exhibil 111 Page i of 3 CERTIFICATIONS AND ASSURANCES DRUG FREE WORKPLACE (49 CFit PART 29 SUBPART F) In accordance with the Drua-Free �Vorkplace Act of 1988 (49 CFft Part 29 Subpart �, the State witf provide a drug-free workplace by: a) Publishing a statement no[ifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee s�vorkplace and specifying the ac(ions tha[ will be taken against employees for violation of such prohibition; b) Establishing a dru3-free a�vareness program to inform employees abour. 1) The dangers of drug abuse in [he workplace; 2) The grantees policy of maintaining a druL free workplace; 3) Any avai(able drug counse]ing, rehabilitation, and employee assistance proo ams; and 4) The penalties Ihat may be imposed upon employees for drug abuse violations occuering 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 paraa aph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condiaon of employmenc undec the grant, [he employee will -- 1) A6ide by the [erms of the statement; and 2) Notify the employer of any criminai drug statute conviction for a violation ocwrring in [he workplace no later than five days after such conviction. e) Notifying ihe agency within ten days afrer receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. � Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- 1) Taking appropriate personne] acpon against such an employee, up to and including ternunation; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropnace agency. g) Making a good faith effort to continue to maintain a drug-free workplace tivuugh implementation of pazagraphs (a),(b),(c),(d),(ej, and (� above. BUX AMERICA ACT (23 U S C 101 NOTE AMl 41 U S C. 1Qal The State will comply with the provisions of the Buy America Act. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federal govemment-wide reference is 23 IJ.S.C. 10a. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the State can show that such domestic purchases would be inconsistent wi[h the public interest; that such materials are not reasonably available and are of an unsatisfacrory quality; or that inclusion of domestic materials will increase the cost of the overall projut contract by more than 25 percent. Clear justification tor the purchase oE non-0omestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. oo-�aoq Exhibit fiI Page 2 of 3 CERTIFfCATION REGARDING LOBBYII�'G Certification for Contracts, Grants, Loans, and Cooperative Agreements 1) No Federal appropriaced funds have been gaid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an o�cer or employee of any a�ency, a Member of Con�ess, an officer or employee of Congress, or an employee of a Member of Cona ess in connection with the awazding of any Federal contract, the mal:ing of any Federal grant, [he making of any Federal loan, the entzrin� mto of any cooperative agreement, and the ex[ension, con[inuatlon, re�ewal, amendment, or modification of any Pederal contract, grant, loan, or cooperative ao eement. 2) If any funds oiher than Federal appropriated funds have been paid or wil{ be paid to any person for infl¢encina or attempting to influence an officer or employee of any agency, a Member of Congress, an ofFicer or employee of Cona ess, or an employee of a Member of Congress in conneccion with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disdosure Form to Reporc Lo6bying;' in accordance with its mstruc[ions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all ders (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when tliis transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tide 31, U.S. Code. Any person who fails to file tUe required certification shall be subject to a civil penalty of not less than $IQ000 and not more than $100,000 for each such failure. CERTIFICATION REGARDING DEBARMENT ANll SUSPENSION In accordance with the provisions of 49 CFR Part 29, the State agrees that it sha11 not knowingty enter into any agreement under iu Highway Safery Plan wich a person or entity that is bazred, suspended, declared inelit ble, or voluntarily excluded from pactic�pauon in the Section 4Q2 program, unless otherwise authorized by NHTSA. The State fiuther agrees that it will inciude the following clause and accompanying instruction, without modificauon, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Instructions for Certificadon 1. By signing and submitting this proposal, the prospective lower Ger patticipant is providing the certification sef out below. _ 2. The certification in this clause is a material representation of fact upon which reliance was placed when this ffansaction was entered into. If it is later determined that the prospective ]ower tier participant I�owingty rendered an erroneous certification, in addition to other remedies available fo the Federal govemment, the department or agency with which this transacUOn ocigiaated may pursue available remedies, including suspension andlor 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 lier participant learns that its certificafion was erroneous when submitted or has become erroneaus by reason of changed circumstances. 4. The terms ° covered transaction," "debarred," "suspended," "ineligible," "lower tier covered uansaction;' "participant," "person," "primary covered iransaction; "principal," "proposal;' and "voluntarily excluded," as used in ffiis clause, have the meamngs set o�t in the DeFinition and Coverage sections of 49 CFR Part29. You may contact the person to whom this proposal is submitted for assistance in obiaining a copy of those regulations. 5. The prospective lower tier participant agees by submitting this proposal that, should the proposed covered transaction be entered into, it afiall not knowingly enter into any lower uu covered ttansactions wdh a person k> _ . �: �. . ` ii. .. ... � � . . oo��aoq Exhibit III Page 3 oF 3 who is debarred, suspended, declared ineliLibie, or voluntarily excluded from participation in this covered transacfion, unless authorized by the department or aLency with which this transactions oritinated. 6. The prospective lower tier participant further a�rees by submittins this proposal that i[ witl include this clause titled "Certification Re�arding Debarment, Suspension, Inelioibiliq� and Voluntary Exclusion -- Lowe� Tier Covered Transaction," withoui modification, in all lower tier covered transactions and in atl solicitation for Iower tier covered transactioos. (See below) 7. A participan[ in a covered transaction may rely upon a certification of a prospzetive participant in a{o�ver tier covered transaction that it is not debarred, suspended, ine}�o961e, or `�olun[arily excludzd trom thz covered transaction, uniess it knows that ihe certification is enoneous. A panicipane may dzcide che meehod and frequency by which it determines ihe eligibility of its principals. Each paraapant may, but is not required to, check tfie Nonprocurement List. S. Nothin� contained in the fore�,omg shall be construed to require establishment of a system of records in order [o render in good faith the certifieation required by this clause. The knowledee and informatio� of a participant is not rzquired to exceed that which is normally possessed by a prudent person in Ihe ordinary course of business dea{ings. 9. Excep[ for transactions authorized under paragraph 5 of these inscructions, if a participant in a covered transaction knowingly enters into a lower tier cove�ed transaction with a person who is suspended, debnrred, ineligible, or voluntarily excluded from participation in this transaction, in addidon to othzr remedies availabie ro the Federal govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Cer[ification Regarding Debarment, Suspension, Ioeligibility and Voluntary Exclusion -- I.ower Tier Covered Transactions L The prospective lower tier pariicipant certifies, by snbmission of this proposal, that neither it nor its principals is presendy debarred, suspended, proposed for debarment, declaeed meligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where [he prospective lowe� tier participant is unable to eertify to any of the s[atemenu i� this cecbfication, such prospec[ive participanu shali attach an exp]anation to this proposal. MINORITY BUSINESS ENTERPRISE REOUITtEMENTS In accordance with the provisions of 49 CFR Par[ 23, the State agrees to abide Uy the following statements, and shall ensure that these statements are included in all subsequent agreements and/or contracts assisied by Sution 402 funds: It is the policy of Ihe Department of Transportation Ihat minority business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to partictpate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequendy, the MBE requirements of d9 CFR Part 23 apply to ihis agreement. The recipient or its contractor agrees to enswe that minority business enterprises as defined in 49 CFR Part 23 have the maximum oppormnity to participate in the performance of contracts and subcontracts financed in whole or in part wi[h Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable s[eps in accordance with A9 CFR Part 23 to ensure that minority business enterptises fiave the maximum oppOrtunity [o compete for and perform contracts. Recipients and [heir contractors shall noi discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. ORlG{f�AL Retum Copy To: Police Dept. Accounting Presented By: RESOLUTION SAINT PAUL, MINNESOTA �\ Referred To: Committee:Date: 1 2 3 4 R'IIEREAS, the Saint Paul Police Department has received a�15,000 Safe & Sober grant from the 5 Minnesota Department of Public Safety, Office of Traffic Safety for the period October 1, 2000 through 6 Septem6er 3�, 2001; and 7 8 WHEREAS, Chief W�71iam Finney is hereby authorized to eaecute such agreements and amendments as 9 are necessary to implement the project on 6ehalf of the Saint Paul Palice Department and to be the fiscal 10 agent and administer the grant; and 11 12 BE TT RESOL�'ED, that the City Council accepts this grant and authorizes the City of Saint Paul and its 13 Police Department to enter into a grant agreement with the Minnesota Department of Public 5afety, 14 Office of Traffic 5afety for the project entitled Safe & Sober Communities during the period from 15 October 1, 2000 through September 30, 2001. 16 17 18 19 20 zi zz 23 za zs 26 27 28 29 30 31 32 33 34 35 36 37 Requested by Department of: Adopted by Council:Date: [� �, Z7 yp e '- - Adoption CeMified by Council Secretary: By: 7► c'�� Approved by ayor:Date: �� y ��f By: / l rt � s ' Approv eco e By: / Form p ed by City sy: Approved 'M orfor By� /��LN.e � Council File # Q{� � \ �, O � Green Sheet# 107102 Services Director: to Council: SafeanCSoberGrentAuthorization.cr2000 �� DEPARTMEMTfOFGiCE1COUNCIL DAT9INITIATED - PoliceDepariment 4vsoioo GREEN SHEET No. ��?/Da. CON A T PERSON & PHONE MIML/DA MRIAUOATE Ct1lefFinney 292-3588 1 oevnnrre+rnnx¢c.on 5 cou'ua�. � MUST BE ON CO NCIL AGENDA BY (DA E) � n Od ��O ` Please process ASAP �rcnrrvnnEr_ �r� �arv«enK ( �// ��axcw,sFnv�cesax.: �FNGN�4LSERV/PCCTG � v� � �e pwYOR(ORA456TMfIj �RIGHTS ��i TOTAL # OF SIGNATURE PAGES 1 (CLfP ALL LOCATIONS FOR SfGNATURE) AC710N REQUES7ED Apprwal of the attached council resolution accepting a Safe and Sober grant and authorizing the City of Saint Paul and its Police Depar[ment to enter into a grant agrzement with the Minnesota Departnruent of Public Safery, Office of Traffic Safety. RECOMMENDATION Apprwe (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWEA THE FOLLOWING OUESTIOWS: 1. Has this personlfirm ever worked uMer a contract tor this tlepaRmentl PIANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfrm ever 6een a city employee? CIVIL SERVICE COMMISSION YE5 NO 3. Does this personlfirtn possess a sbll not normally possesserl by any current oiry employee? YES NO 4. Is ihis person/firm a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM 45SUE, OPPORTUNITY (WH�. WHAT, WHEN, WHERE, WHY) The Mimtesota Department of Public Safety, Office of Traffic Safety has awazded a$15,000 Safe and Sober Grant to the Saint Paul Police Department for the period October 1, 2000 through September 30, 2001. The Minnesota Departrnent of Public Safery, Office of Traffic Safety requires a resolution authorizing execuflon of the grant agreement. (Attached is a copy of [he grant agreement.) - p fl9rtss.Q V{ I 'ldCl! 14tiL �er ADVANTAGES IF APPROVE6 Additional traffic enforcement designed to increase compiiance rvith traffic safety laws. ��' �` �� DISADVANTAGES IF APPROVED None. DISADVANTAGES IF NO7 APPROVED k� 4 �- � X '..,� ° '�„ ��i�` �� rASSOf�,t�a�ng. DEG 1 � 2�� C�TY A�TOf��`,r TOTAL AMOUNT OF 7RANSACTION 8 15,000 COSTlREVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDMG SOURCE $THLZ Of MN DBpBItlnOIIt OPPIlI1HC $�Cly ACTIVITY NUMBER 04100 FINANCIAL INFORMATION (EXPLA�N) Safe&Soberganlauthorization.gs2000 0 0 -\�e%i GRANT AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY A ND THE ST. PAUL POLICE DEPARTMEIvT Federal Funds provided under U. S. Department of Transporiation's State and Community Highway Safety Pro�ram, Federal Catalog Number 20.6000. The parties ro this agreement are the Department of Public Safzty of the State of Minnesota hereinafrer rzferred to as "Public Safety;' and the St Paut Police Denartment , address 100 E. llth St.. St. Paul, nfN 5�101 , hereinafter referzed to as the "Grantee.° WI-IEREAS, pursuan[ to Minnesota StaWtes 4.075, Public Safety has been desi,a,nated as the appropriace agency to receive, allocate and disburse federal monies provided under the National Hi�hway Safety Act of 1966 (P�biic Law 59-564) as amended, and: WHEREAS, P�bGc Safety has a Highway Safety project entided Sa(e & Sober Communities , number O1-04-04, 'I'ask 35 :unded under this law, and: WHEREAS,.the Grantee is authorized pursuant to Minnesota Statutes 4.07� to receive such funds as may be available for such purposes and has obtained a resolu[ion au[horizing the gran[ from their city council or county board of commissioners (the resolution is Exhibit I, which is hereby incorporated by reference and made a part of this agreement); Now, therefore, the pardes agree as follows: 1. Terms oF Grant Agreement This grant agreement shalt be effective on October 1 , 2000 , or upon the date that the final required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until September 30 , 2001 , or until all obligations set forth in this gran[ agreement have been satisfactorily fulfilled, whichever occurs first. The GRANTEE understands that NO work should begin under this Grant until ALL required signatures have been obtained and GRANTEE is notified to begin work by Pu61ic Safety's Authorized Representative. 2. Grantee's Duties The Grantee will pariicipate in Ihe Safe & Sober campaign, a program which seeks to increase comp]iance wiih traffic safety laws, with emphasis on driving while impaired and passenger protection by enhanced enforcement of those laws coupled with education and media rela[ions_ The two-pronoed approach is designed to increase the pu6lic's perception of the likelihood of suffering negative eonsequences if they fail to comply. The Grantee will pnrticipate in seven Safe & Sober waves in accordance with the following calendar: 2001 MINNESOTA SAFE & SOBER Safe & Sober Enhanced Wave Focus Area Pre-Enforcement Media Enforcement Belts or Nov. IS — 21, 2000 � Nov. 22 — 26, 2000 Aggressive * Seat belt Survey Driving ,,�:.,.,P�„r� c�t'<,e SoberGrant Post-Enforcement Media Not required Public Safery/I'raffic Safcty 00 •��o� Wave Focus Area Z Impaired Drivine 3 Belts or A�gressive Drivin� 4 Youth 5 � Occupant I Protection � ` Belts or I Aggressive Driving 7 I Distracted Driving Pre-Enforcemen[ Media 25 - 7 - 13, 2001 April 26 - May 3, 2001 June 21- 27, 2�� 1 22 - 28, 2001 August 18 - 24, Safe & So6er Enhanced Enforcement Nov. 30-Dec. 2, Dec. 7-9, 14-16, Dec.29,2000-Jan. Feb. 14 -17, 2001 2001 Proms, May 3-�, 10-12, 17- 19, 24-26, May 31 - June 2 June 28 - July 7, 2001 7uly 26 - 29, 2001 Au�ust 2� - Septembzr 3, 2001 Post-Enforcement Media & Seat Belt Surveys Jan. 2 - 8, 2001 " Seat belt Survey Feb. 1 S- 24, 2001 " Seat belt Survey June 3 -9, 2001 ''` Seat belt Survey Iuty 3 - 14, 2001 July 30 - August 5, 2001 " Seat belt Survey September 4 - 10, 2001 �` Seaf belt Survey The dates in [he table give the windows for each period. During the youth wave and most of the impaired driving wave, the enforcement window consists largely of Thursdays, Fridays, and Samrdays. Early Sunday mornings ace not excluded from those enforcement windows. Sundays after dawn are excluded from those windows. High school proms held in April, May and June are covered by the youth window whecher or not the date is listed in the calendar. Participation in Safe & Sober 2001 is further defined as: A. Schedulmg and conduc[ing approximataly 250 hours of additional (that is, not reoularly scheduled) traffic patrol during each of the four longer Safe & Sober enforcement periods and 62 hours of additional traffic patrol during each of the three shor[er enforcemen[ periods. � C. Scheduling and conducting approximately 0 hours of additional traffic pa[rot outside of thz four Safe & Sober enforcement periods. These traffic patrols will be conducted using only those officers whom Public Safety approves as eligible.' E1ig'tbility is defined as completion of Occupaot Protec[ion Usage and Enforcement (OPUE) and Standatdized F�eld Sobriety Testing (SFST) courses for agencies participating for a first year in the grant program and those courses, as well as Advanced SFST: Drugs That Impair, for agencies participating for a second or subsequent year in the grant program. D. Scheduling and conducting informal sea[ belt surveys at 5 sites d�ring each of the following time periods: Nov. 15 - 21, 2000; Jan. 2-8, 2001; Feb. 18-24, 2001; June 3-9, 2001; Iuly 30-August 5, 2001; and Sep[. 4- 10, 2001. E. Informing the media of the Safe & Sober program and keeping them apprised of results and focus issues. Through Ihe media and other outlets as decided by the Grantee, informing the pub(ic of the program and focus issues. , F. Su6mitting a written plan for the enforcement and pub6dmedia rela6; 26 2001; June 21 2001 (covenng November I5, 2000, (covering waves I and 2); February 7. 2001; Ap waves 5 and 6); and August 18, 200i on a form provided by Public Safety. .�:....a�„�., c�fo <4 Saber Grant .. Pubf:c SafMyflYat(i< SaCcty, 00 -�ao, G. Submitting a written report on the enforcemen[ and pubiidmedia relations results of each wave on January S, 2001 (covecing waves I and 2); February 24, 2001; June 9, 2001; Auaust 5, 2001 (coverin� waves 5 and 6); and September 10, 2001 on a form provided by Public Safzty. H. Submitting a fina4 �a�ritcen report summarizin� the resuits of al] four waves, and dzscribing progress made rowards reaching each objective and the special project undertaken (if any) no later than November 15, 2001. The final repor[ shail be submitted at [he same time as the fina{ claim for reimbursement I_ Strivin� to incrzase enforcement which can reasonably be expected to fulfill [he purpose of the grant by decrzasin� the incidence of drivin� while impaired, inereasing the use of seat belts, and inereasitt� the public's perceptlon of the ]ikelihood of beina stopped for violations of traffic safzt}' laws. PubSic Safety will provide comQarative 5[a[istics after each reporting period. 7. SVivins to inerease the number of DWI arrests in the jurisdiction(s) covered by the grant. I�. If applicable, (�vhen tlee g�antee is tlze lead agency in a$e covering nvo or �nore ei forcement agencies}; summarize the plans, reports, and imoices for the N/A enforcement agencies inro a single plan, report, and imoice for each wave of the program and submit it to Public Safery. (Chief enforcement officers from each agency covered by this grant agreemen[ mus[ sign this agreement — see sianature page.) 3. Terms For Reimbursement A. Public Safety shall reimburse the Graniee up to a maximum of �� 1� OOo.OQ for the costs incurred by Ihe Grantee in performing the [asks in Sec[ion 2 of this agreement. This reimbursement will be made from funds made available through the Hi�hway Safety Act of 1466 (Public Law 59-564) and amendments thereto. The Grantee shalt be reimbursed only for [hose costs that the bud�et in Sec[ion 4., of this agrezment specifies to be reimbursable costs. In addition, Public Safety will rzimburse the Grantee only for such of these costs that Public Safe[y, in its sole discre[ion, considers to be reasonable and consistent with the cost figures that are in Section 4 of this agreement. g. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Grantee. Claims for reimbursement shall be submitied by the Grantee on forms provided by Public Safety. Claims foi reimbursement may be submitted as often as monthly; a claim must he submitted by Pebruary 11, 2001 (for waves 1 and 2); March 24, 2�Q1 (for wave 3); July 7, 2001 (for wave 4); and October 9, 2001 (for waves 5, 6, and 7). Any final claim must be submitted hy November 1S. 2001 ; after that date reimbursement cannot be approved, The fina] claim shall be accompanied by the final report. C. All claims for reimbursement shalt be supported by written documentation including receipts, invoices, travel vouchers, and project time reports. A signed Highway Safery Equipment Record card (form DPS 7304) for each piece of equipment costing $5,000.00 or more must be submitted with the claim for reimbursement before payment can be made. D. Reimbursement for costs wi{! not be paid on any encumbrance made•by the Grantee prior to Octo6er l, 2000 (or prior to the date that the Vast signature is ob[ained by Public Safery, pursuunt to Minnesota Statute 16C.05, Subd. 2, whichever occurs later) or after September 30 2001 ,unless requested in writin� by Ihe project direcror (or a successor) who signed Ihis agreement on behalf' of the Granree and if approved by Pubtic Safety's OCfice of Traffic Safety, resulUng in an amendment to this agreement. ,...___.,..., c,.F RSnherCiran[ PublicSa(ety/Yra(GcSafcty o e -�aag E. The Grantee shall not be reimbursed for expense incurred for Work found by Public Safe[y to be unsatisfaciory or performed in violation of federal or state laws and regulations. F. This grant agreement is contin�ent upon the State of Minnesota and Public Safety's receivin� funds under the High�t�ay Safety Act of 1966 (Pubiic Law 89-564), as amended, for [he purposes of reimbursina the Grantee for the costs set forth herein. Tf for any reason the State of Minnesota or Public Safzty is prohibited in any way from usina such funds to reimburse the Grantee for any of the costs set forth hzrein, then this agreement shal] be null and void and ihe State of Minnesota and Public Safety shall have no direct nor indirect obligation [o reimburse the Grantee. 4. Approved Budget The budget to be reimbursable from federal 4Q2 funds for this Safe & Sober project is approved as follows: Item Bnforcement Hours and Fringe Benefits Adminisvative Hours and Fiinge Benefits Equipment (half cost of: specific equipment listed here) Operating Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purchase of Incentives or Materials TQTAL 5. General Provisions of Grant A. Additional Enforcement AmounY $12,750.00 $750.00 $1,500.00 $0.00 $0.00 $0.00 $15,000.00 a) Public Safety shall reimburse the Grantee only for the actual hours worked on the tasks and for o[her eligible cosu only if they are ac[ually incuaed 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 bene£t rates of eligible o�cers must be received by Public Safety no later than November 15, 2000. Changes in salary and fringe rates and eligible officers as they occur in the workplace are subject to approval by Public Safety on a continuing basis until the end of the grant ag[eement. b) Reimbursement will be for actual overtime hours worked and for actual fringe benefiu paid on those hours. Any al[emate plan for claiming direct 3abor and relaced fringe costs must be submitted to and approved by Public Safety before the grant begins. wx:...,e�.,r� C.,fa �C Snber Gc2nt Public SaEdy/l'raffic Satety oa -»�9 B. Travel The Grantee may be ceimbursed for [ravel and subsistence expenses in accordance with, but not to exceed, the current Commissioners' Travel Plan, and the bud�et in Section 4., of this a�reemenc The Grantee shall not be reimbursed for travel and suhsistence incurted outside the state of blinnesota unless it has received prior written approval for each such trip from Public Safety. C. Equipment a) Purchase of equipment or services by the Grantee shatl comply with atl procurement procedures and laws that appiy to the Grantee's purchase of similar equipment or services in the performance of its duties other than its du[ies under this agreemeni. b) A�y equipment purchased undet Ihis zgreement shall be used primariLy for traffic safety purposes during the life of the equipment The Grantee may no[ deviate from [his requirement, and may not dispose of any equipment unless it has first obtained written permission from Public Safery. c) The Grantee shall be responsible for all operating, maintenance, and repair costs of equipment purchased under this agreement un]ess otherwise specified_ Tide to equipment acquired under this agreemenc wilt vest upon the grantee. D. Indirect Cos[s Indirect costs shall not be reimbursed under this agreement. E. Records and Documentation a) The Grantee shall be responsible for keeping records that fu11y disciose the amount and disposition of funds and the total cost of the programs or projects for which the funds are provided. The accounting procedures utilized by the Grantee shatl provide for the accurate and timely recording of the receipt of funds and expenditures. b) The books, records, documents, and accounting grocedures 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 grant agreement. c) Grantee shall obtain an annual (or biennial coverin� both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public Law 93- 502) and Office of Management and Budget Circular A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorporated by refetence. 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 litigation, claims, or audit findings involving the records have been resolved, whichever is later. M7n.,rcnra .Cnfe & Sober (if371[ � Public Safery�I'raffic SaPety oa _a u� F. Ownershio of Documents ALI reports, studies, Qhotographs, negatives, or other documents prepared by the Grantee in the performance of its obligation under this agreement shall be the exclusive property of Public Safety. The Grantee may continue to use the materials to promote highway safery, but may not seli or offer for sale any documents developed under this agreement, unless a plan to record such sales and make the procezds available for traffic safety purposes is approved by Public Safety� G. Amendments a) Any amendments to this agreement shall be in writing. b) Minor changes in the tasks and budga[ in Section 2., of this agreement ma}' be made if requested in writing Uy the project director (or a successor) on behalf of the Grantee and if appro�'ed in writin� by Public Safety's Office of Traffic Safety. Changes requirinP the approval of the U.S. Department of Transportation or resutting in reimbursement claims in excess of S 1�.000.00 are not minor changes. H. Cancellation a) When Public Safety finds that there has been a failure to comply with the provision of this agreeme�t or with the provisions of Exhibits R or ITI, or that [he purposes for ihe funds haee not been, or wili not be fulFilled, notwithstanding any other provisions of this ao eement'to the contrary, Public Safety may take such action as i[ deems nuessary and appropriate to protect the interest of the State of Minnesota, including the refusal to disburse additional funds and requiring the repayment of any funds already dis6u�sed. b} This agreemen[ may be canceled by Public Safety with or without cause, upon ten (10) days writ[en notice to the other party. In the event of such a cancetlation the Grantee shalt be en[itled to reimburse[nent for expenses incurred for work or services satisfactorily performed on the tasks up to [he date of cancellation. I. Liabilit As permitted by law, the Grantee shaLl retain any and all liability, and agrees to indemnify, save, and hold Public Safety, its agents, and employees harmless from any and atL claims or causes of action arising from the performance of this agreement by Grantee or Grantee's agents or employees. This clause shall not be construed to bar any legal remedies Grantee may have for Public Safety's failure to fulfili its ob]igations pursuant to this agreement. J. Misceltaneous This agreement shall be subjec[ to all applicable federal and state stawtes and regulations, including, but not limi[ed to, the foliowing: a) Section 504 of the Rehabilitation Act of 1973 (24 U.S.C. 794) and 49 CFR Part 27 which relates ro handicapped persons. �,r...,><„ra .eofo. .4 .Sober Grant Public Safery?raffic Safery � O - \�ro 1 b) 49 C�R Part 23 - Participation by minority business enterprises in Department of Transportation Pro�rams; 49 CFR Part 29 Subpart F- The Drug-Free ��'orkplace Act of 1958; 23 U.S.C.101 Note and 41 U.S.C.lOa - Suy America Act and 49 CFR Part 29 - Certification Regarding Debarment and Suspension. These provisions are addressed in Exhibit III, �s'hich is hereby incorporated by reference and made a part of this a�reement (see Exhibit III). c) Title V I of the Civil Rights Act of 1964, as amended. d) Also, by signin� this agreeme�t, the Grantee certifies that the Grantee has a current safety belt use policy. Public Safety's authorized aaent for the purposes of administration of this contract Ss Paul Schoen , state program administrator of the Office of Traffic Safety or hisJher successor on staff. The administrator's address is Suite 150 Town S uare 444 Cedar Street St. Paul Minnesota. 55101-5150 and phone number is 6�1-247-4515 . .e:....e�,.�-, C.,Fn ,C .Snber Cifant � Pubht SafetylitaCfic SaCety 00 -1� dt IN �VITIQESS WHEREOF, the pazties have caused this agreement to be duly executed intendino to be bound thereby. APPROVED GRANTEE GRANTEE certifie5 eha[ che appropria[e peaon(s) hae�e execu[zd the Gmn[ Co�trac[ on beha{f of tlie GRANTEE as required by applicable aztid<s, by-laws, resolutions, or ordinanczs. sy: 'I'itie: Chief of the St. Paul Police Date: 2. COMMISSIONER OF PUBLIC SAFETY Dzlegated to: $ Tide: Director, Okfice ef Traffic Safety Da[e: nrt��.,P<nr� .Snfe & Sobef C�irant � Publie Safery�l'ra(fic Sa(ery bC•\�0 Exhibil II 4-?2-98 Page 1 of 2 FEDERAL AUDiT REQUIREMENTS i. For subrecipients who are state (includes Indian tribes) or local governments If the grantee receives total direct and indirect federal assistance of: '" Equal to or in excess of �300,000 or more per year, the grantee agrees to obiain a financial and compliance audit made in accordance with the Single Audit Act o! 1984 (Public Law 98-502) and the tederal 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 govemment, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. Audits shall 6e made annually unless the State or local government has, by January i, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the cognizant agency shali permit biennial audits, covering both years, 'rf the government so requests. 4t shall also honor requests for biennial audits by governments that have an administrative policy cailing for audits less trequent than annual, but only for fiscai years beginning before January 1, �987. 2. For subrecipients who are institutions of fiigher education, hospitats, or other nottprofit organizations if the grantee receives Totai direct and indirect federai assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circufar A-133. The audit must be an organization wide audit, unless ft is a coordinated audit in accordance with OMBCircularA-133. fiowever, when the $300,000 or more was reCeived u�der only one program, the subrecipient may have an audit of that one program. Audits shalf usua{ty be made annualiy, but not less freque�tiy than every hvo years. 3. A{I audits shal! be made by an independent auditor. An independent auditor is a state or local govemment auditor or a public accountant who meets tha independence standards specified in Yhe Genara) Accounting Office's Standards for Audit of Govemmental Qrqanizations Proarams Activfties. and Functions. 4. Audit repo[ts shail state that the audit was performed in accordance with the provisions of OM8 Circular A-133 as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Pubiic Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, 'Special Fieports," as applicabte. oc-�an� Exhibit II 4-22-98 Page 2 of 2 The repoRing requirements tor audit repor[s on compliance and internal controls shall be in accordance with AICPA'S SAS 63, `Compliance Auditing Applicable to Governmental Entities and Other Recipienfs of Governmental Financiaf Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective aciion taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit ceport. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to compfy with the Singie Audit Act and OMB Ciroular A-133, as applicabie. 6. Grantees of federai financial assistance from subrecipients are aiso required to comply with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agrees to retain documentation to support the schedule af federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety, within 30 days after the comp4etion of the audit, but no later than one year after the end of the audit period. The Department of Pubiic Saiety's audit report shou4d be addressed to: Minnesota Department of Public Safety OSice ot Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipients af more that $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the ciearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson,indiana 47132 Attn: Single Audit Ciearinghouse 00 -�1oe Exhibil 111 Page i of 3 CERTIFICATIONS AND ASSURANCES DRUG FREE WORKPLACE (49 CFit PART 29 SUBPART F) In accordance with the Drua-Free �Vorkplace Act of 1988 (49 CFft Part 29 Subpart �, the State witf provide a drug-free workplace by: a) Publishing a statement no[ifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee s�vorkplace and specifying the ac(ions tha[ will be taken against employees for violation of such prohibition; b) Establishing a dru3-free a�vareness program to inform employees abour. 1) The dangers of drug abuse in [he workplace; 2) The grantees policy of maintaining a druL free workplace; 3) Any avai(able drug counse]ing, rehabilitation, and employee assistance proo ams; and 4) The penalties Ihat may be imposed upon employees for drug abuse violations occuering 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 paraa aph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condiaon of employmenc undec the grant, [he employee will -- 1) A6ide by the [erms of the statement; and 2) Notify the employer of any criminai drug statute conviction for a violation ocwrring in [he workplace no later than five days after such conviction. e) Notifying ihe agency within ten days afrer receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. � Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- 1) Taking appropriate personne] acpon against such an employee, up to and including ternunation; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropnace agency. g) Making a good faith effort to continue to maintain a drug-free workplace tivuugh implementation of pazagraphs (a),(b),(c),(d),(ej, and (� above. BUX AMERICA ACT (23 U S C 101 NOTE AMl 41 U S C. 1Qal The State will comply with the provisions of the Buy America Act. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federal govemment-wide reference is 23 IJ.S.C. 10a. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the State can show that such domestic purchases would be inconsistent wi[h the public interest; that such materials are not reasonably available and are of an unsatisfacrory quality; or that inclusion of domestic materials will increase the cost of the overall projut contract by more than 25 percent. Clear justification tor the purchase oE non-0omestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. oo-�aoq Exhibit fiI Page 2 of 3 CERTIFfCATION REGARDING LOBBYII�'G Certification for Contracts, Grants, Loans, and Cooperative Agreements 1) No Federal appropriaced funds have been gaid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an o�cer or employee of any a�ency, a Member of Con�ess, an officer or employee of Congress, or an employee of a Member of Cona ess in connection with the awazding of any Federal contract, the mal:ing of any Federal grant, [he making of any Federal loan, the entzrin� mto of any cooperative agreement, and the ex[ension, con[inuatlon, re�ewal, amendment, or modification of any Pederal contract, grant, loan, or cooperative ao eement. 2) If any funds oiher than Federal appropriated funds have been paid or wil{ be paid to any person for infl¢encina or attempting to influence an officer or employee of any agency, a Member of Congress, an ofFicer or employee of Cona ess, or an employee of a Member of Congress in conneccion with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disdosure Form to Reporc Lo6bying;' in accordance with its mstruc[ions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all ders (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when tliis transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tide 31, U.S. Code. Any person who fails to file tUe required certification shall be subject to a civil penalty of not less than $IQ000 and not more than $100,000 for each such failure. CERTIFICATION REGARDING DEBARMENT ANll SUSPENSION In accordance with the provisions of 49 CFR Part 29, the State agrees that it sha11 not knowingty enter into any agreement under iu Highway Safery Plan wich a person or entity that is bazred, suspended, declared inelit ble, or voluntarily excluded from pactic�pauon in the Section 4Q2 program, unless otherwise authorized by NHTSA. The State fiuther agrees that it will inciude the following clause and accompanying instruction, without modificauon, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Instructions for Certificadon 1. By signing and submitting this proposal, the prospective lower Ger patticipant is providing the certification sef out below. _ 2. The certification in this clause is a material representation of fact upon which reliance was placed when this ffansaction was entered into. If it is later determined that the prospective ]ower tier participant I�owingty rendered an erroneous certification, in addition to other remedies available fo the Federal govemment, the department or agency with which this transacUOn ocigiaated may pursue available remedies, including suspension andlor 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 lier participant learns that its certificafion was erroneous when submitted or has become erroneaus by reason of changed circumstances. 4. The terms ° covered transaction," "debarred," "suspended," "ineligible," "lower tier covered uansaction;' "participant," "person," "primary covered iransaction; "principal," "proposal;' and "voluntarily excluded," as used in ffiis clause, have the meamngs set o�t in the DeFinition and Coverage sections of 49 CFR Part29. You may contact the person to whom this proposal is submitted for assistance in obiaining a copy of those regulations. 5. The prospective lower tier participant agees by submitting this proposal that, should the proposed covered transaction be entered into, it afiall not knowingly enter into any lower uu covered ttansactions wdh a person k> _ . �: �. . ` ii. .. ... � � . . oo��aoq Exhibit III Page 3 oF 3 who is debarred, suspended, declared ineliLibie, or voluntarily excluded from participation in this covered transacfion, unless authorized by the department or aLency with which this transactions oritinated. 6. The prospective lower tier participant further a�rees by submittins this proposal that i[ witl include this clause titled "Certification Re�arding Debarment, Suspension, Inelioibiliq� and Voluntary Exclusion -- Lowe� Tier Covered Transaction," withoui modification, in all lower tier covered transactions and in atl solicitation for Iower tier covered transactioos. (See below) 7. A participan[ in a covered transaction may rely upon a certification of a prospzetive participant in a{o�ver tier covered transaction that it is not debarred, suspended, ine}�o961e, or `�olun[arily excludzd trom thz covered transaction, uniess it knows that ihe certification is enoneous. A panicipane may dzcide che meehod and frequency by which it determines ihe eligibility of its principals. Each paraapant may, but is not required to, check tfie Nonprocurement List. S. Nothin� contained in the fore�,omg shall be construed to require establishment of a system of records in order [o render in good faith the certifieation required by this clause. The knowledee and informatio� of a participant is not rzquired to exceed that which is normally possessed by a prudent person in Ihe ordinary course of business dea{ings. 9. Excep[ for transactions authorized under paragraph 5 of these inscructions, if a participant in a covered transaction knowingly enters into a lower tier cove�ed transaction with a person who is suspended, debnrred, ineligible, or voluntarily excluded from participation in this transaction, in addidon to othzr remedies availabie ro the Federal govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Cer[ification Regarding Debarment, Suspension, Ioeligibility and Voluntary Exclusion -- I.ower Tier Covered Transactions L The prospective lower tier pariicipant certifies, by snbmission of this proposal, that neither it nor its principals is presendy debarred, suspended, proposed for debarment, declaeed meligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where [he prospective lowe� tier participant is unable to eertify to any of the s[atemenu i� this cecbfication, such prospec[ive participanu shali attach an exp]anation to this proposal. MINORITY BUSINESS ENTERPRISE REOUITtEMENTS In accordance with the provisions of 49 CFR Par[ 23, the State agrees to abide Uy the following statements, and shall ensure that these statements are included in all subsequent agreements and/or contracts assisied by Sution 402 funds: It is the policy of Ihe Department of Transportation Ihat minority business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to partictpate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequendy, the MBE requirements of d9 CFR Part 23 apply to ihis agreement. The recipient or its contractor agrees to enswe that minority business enterprises as defined in 49 CFR Part 23 have the maximum oppormnity to participate in the performance of contracts and subcontracts financed in whole or in part wi[h Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable s[eps in accordance with A9 CFR Part 23 to ensure that minority business enterptises fiave the maximum oppOrtunity [o compete for and perform contracts. Recipients and [heir contractors shall noi discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts.