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00-385OR(G1NAL Council File # OQ —3$$ Green Sheet # 104613 Presented By: Referred To: Commitcee: Date: �3 1 2 WI�REAS the City of Saint Paul Police Department has received a S50 000 Safe and Sober Grant from the 3 4 5 G 7 S 9 10 ii 1Z 13 14 15 > > Minnesota Department of Public Safety for the period October 1,1999 through September 30, 2000, and WFIEREAS, this grant was accepted by the City Council November 17,1999 (Council Fite #99-1125); and WFIEREAS, this grant is to be used for additionat police traffic patrol on spec�c dates and for laser/radar equipment necessary for traffic patrol; and WHEREAS, the Police Department needs to establish a spending and fmancing plan for the remaining Safe and Sober grant funds to be used in 2000; and WHEREAS, The Mayor pursuant to Section l0.OZ1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds in excess of $38,038 of those estimated in the 2000 budget; and 1G WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: 17 18 19 20 21 FINANCING PLAN: 22 001 - General Rund 23 24 25 26 27 28 29 30 31 32 33 34 04100 - Operations 3199-40057 - Other Federal Direct Grants-State Sl'ENDING PLAN: 001 - General Fund 04100 - Operations 0141 - Overtime OA39 - Fringe Benefits CURRENT AMENDED BUDGET CI7,ANGES BUDGET 38,038 38,035 902,032 32,960 934,992 6,494,278 5,078 6,A9),356 > > > > , 35 36 37 THEREFORE BE IT RESOLVED, that the City Council approvea the changes to the 2000 budget. 38 Requested by Department of: Polic By: Ap,�o;al Recomm ded by Budget Director: Adopted by Council:Date: � �� a`� � Adoption Certified by Council S BY� �a- . 1--4.�,_,�_ Approved by Mayor:Date: 3 �� BY� �i���h'o0/ RESOLUTION CITY OF SAINT PAIJL, MINNESOTA Form sy: CounciL By: Safe&Sobeccr 00 � DEPARTPAENT/OFPICElCOUNCIL DA7E INITIA7ED PoliceDepartment 3/30/00 GREEN SHEET rvo. 104613 � CONiA PERSON & PHONE MfOAUOA7E INRIAUDATE C1uefFinIIey 292 "� � � OEPARTMQRDIRE4TOR 5 crtrcouxu� t MUST BE ON COISMCIL AGENDA BY (DA7E) � ' OO �� $J Please process ASAP 3�rA„o�r ❑CITYCLERK �FPW�CUaLSERVICE501 �FPLWGUILSERV/ACCTG ;t'�c °°:�? �Q�� �MAYOR�ORASSISTANT) ❑HUMANFIGHTS '-_::,�.r'�#�� TOTAL # OF SiGNATURE PAGES 1 (CLfP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolurion establishing a 2000 spending and financing plan for the Safe and Sober Grant. RECOMMENDATION Approve (A) o[ RejeCt (R) PERSONAL SERVICE C�NTRACTS MUST ANSWER THE POLIOWING QUESTl�NS: 1 Has ihis person/firm everworked under a coniract for this department? PIANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/frm ever been a ciry employee? CIVIL SERVICE COMMISSION YES No 3 Does this personffrtn possess a skill not normally possessetl by any current cRy employee� YES NO 4 Is this persoNfirm a tergeted vendoY? YES NO Explam all yes answers on separate sheet and attach to green sheet INI7IATING PROBLEM ISSUE, OPPOR7UNITY (WHO, WHAT, WHEN, WHERE, WHYJ The State of 1Vfinnesota Department of Public Safety awarded a$50,000 Safe and Sober grant to the Saint Paul Police Departrnent for traffic control October 1, 1999 through September 30, 2000. The City Council accepted this grant on November 17, 1999 (Council File �99-1125). A spending and financing plan needs to be established for the remaining Safe and 5ober grant funds to be used in 2000. (Attached is a copy of the grant. ) AWANTAGES 1F APPROVED Increased traffic patrol on specific dates. DISADVANTAGESIFAPPROVED None. DiSADVANTAGES IF NOT APPROVED Loss of grant funding for inereased traffic patrol. '� .L�^ ��SP,�t��? �Q�f�� e>'��'� .� c� ��+�U TOTAL AMOUNT OF TRANSACTION $ 38,038 COST/REVENUE BUDGETED (CIRC4E ONE) YES NO FUNDWG SOURCE $t3t0 Of iVIN p0p3LCR10Ilt Of PI1b11C $dfeL}' ACiNITY NUMBER �4100 FINANCIAL MFORMATION (EXPLAIN) Safe&Sober gs.00 ORl�I�JAL GBANT AGBEEMENT BETVV�EEEN 1'� NIINNESOTA DEPAIiTMENT OF PIIBLIC SAFETY Q b.3 �,5 APiD THE ST. PAIIL POLICE DEPABTMENT/'IRAFFIC DIVISION Federal Funds pmvided under U. S. Depanment af Transportation's State and Communixy Highway Safety Pnogam, Federal Catalog Number 20.600. �r °r.v.g_��", ., ax...c-��...r,�v �%:3':�i,�:m �6;%"�?"�'?�%X".tii:":na• c � .l�i,'i.`���r.��;y.,-�°� sv///i` �F'ff'^R �""r�' 9..$:0".'%' x'. 'ai ��:)� ii '.� ffl' o;N.l�� �,°m:ok� ..�'7i"i.;`.�f'%^%��.✓„/;°„/,,,�;a.^a`.:!�„<:.,�::+:';. i<��' j�=�� % K knC . ;,�?;,.�,.. ..;F 'N.3'..^,..;:....�;r: 'q% �^ � un`��U..C�.u.'�/'d��i' :(..:�,�' , l�Hx�.�:m 2?i;�:: 4 ,.: :.,.>; . u �. . , ....>. : �- . �,:�z..�; �:.n..^on.ia`.�'�i,ni?.lr��.�i n ,�...,fi:p/.c:�siysY.o>a>:.i...,:.;;a„>'. ...,:..o ...:.......:...�...,..H,.,.:.,,.._..:.,......,.,,::...,. � i } ` } : �' c �' LUfJ�i . Order: �� (� j� `— O � � ' - Number/Date/Signature - � " � ----.`..' (Indivulual signing certif:es thatfu�uls have been encumbered as required byMinn. Stat. 16A.15 and 16C.05.) NOTICE TO GRAN1'EE: You arc ra�uired by Minoada Statidu, Sedion 270.66 W provide yarc +ocia� sewrdy cumlxr a Fedenl employar taz identi6mt+m numbtt and Minneaata taz ide�iEcatim numbrr'ff you do bisioeas wiUi ihc S1We af Mimnota 'i}�ia mfo�mstim may be used ia the enfaremeot of fedael md etate taY laws. Supplyingil�se nua�6tts cauldreauk iu adion W requin }rou to 5k tlete Wctetume aod WY ��N� atate tas liabilitin. 'R�ia conhact will not be aoaroved unless these numbeis are wovided TLese numbas aill 6e avaiLble W federd aad zlate hx avihorilia aod rtate pexsaooel 'mvdved in appro�'io8 the oon4ac[ md tbe payaunt of atafe obliy�tiaos. Grantee Name aad Addresx SL Paul Polic� Deptarment/Tr�c Division 100 East 11 Street St Paul, MN SS101 Soc.Sec.orFedaalPmployalD.No.416003321 M�wfaTaxLD.No.(?fapplicabk)0080250956 THIS PAGE OF THE CONTRACT CONTAINSPRIYATEINFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NaT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMI5SION OF TI3E CONTRACTOR If you circulate this contract internally, only o�ces that require access to the tar identification mrmber AND all individuals/o�ces signing this coniract should have access to ihis page. cn000sz-0c �ov�-ss> Minnesota Snje & Sober Grant Public Safdy/1'nffic Safrty «Agency» Yrocessing Lsformation (Some entries maY � aPP 'sition: —3 U ' ,� � �f rGi �r �tx> � � � � �{ NumberlDateJEntry Inl�t�als 00 -��rs The pazties to this ageement aze the ]kpanment of Public Safety of the Staie of Minnesota hereinafter referred to as "Public Safet};" and the 5t Paal Potice Denartment/1'raf£c Division . address 100 East 11"' Street, SL paal. MN 55101 , hereinafter referred to as the "Crrantee." WFIEREAS, pursuant to M'innesota StaWtes 4.075, Public Safety Las been designated as the aPP=oPriate agency to receive, allacate and disbu�e federal monies provided under the National Aighway Safety Act of 1966 (Public Law 89-564) as amended, and: Wf�REAS, Public Safety Las a Highway Safety project entifled Safe & Sober Communides , number 00-02-03 funded under tLis law, and: WFIEREAS, the Grantee is authorized pucsuant to Minnesoh Statutes 4.075 to receive such fuads as may be available for such pucposes and has obtained a resolutian autharizing the gant fmm their city council or county board of commis.goners (the resolution is E�dubit I, which is hereby incorpocated by reference and made a part af this agceement); Now, the:efore, the pazties agrce as follows: 1. Terms of Grant A2reement Ttus gant ageement shall be effective on October 1, 1999 , or upoa the date that the final required siguature is obtained by Pubtic Safeiy, pursuant to Minnesota Statute 16C.05, Subdivision 2, wluchever occurs later, and shall remain in effect until September 30 . 2000 , or until all obligafions set forth in this grant ageement Lave been sa6sfactorily fulfilled, wluchever occurs first. The GRANTEE understands that NO work ahoWd begin under this Grant untit ALL required signatures have been obtaiued and GAANTEE is norified to begin work by Public 5afety's Authorized Representative. 2. Grantee's Dulie.r The Grantee will participate in the Safe & Sober campaign, a program which seeks to increase compliance with traffic safety laws, with emphasis on driving while impaired and passenger protection by enhanced enforcement of those laws coupled with educaflon and media relations. The two-pronged approach is designed to increase the public's percepflon of the likelihood of suffering negative consequences if they fail to comply. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task A,b�i� s,rayir�� s�t'�r Page 1 00 -� �-s samrdays inciude,�Q w aawn oa sundays. Pazticipation is de5ned as: A Scheduling aad co�Cting appropmately 174 Lwrs of addifional (that is, �t re8�az13' schedulecn traffic paitol diuing the ficst, foutth, Sfth, and seventh Safe & Sober enfoicement periads and appm�matety 58 haus of additionat traffic patrol the seoond, tltird, and sixth Safe & Sober enforcemeat periods. g_ Scheduling and conducting appmbmately 0 houts of additional traffic patrol outside of the seven Safe & Sober enforcement periads. C. These traffic patrols will be conducted using only those afficecs whom Public SafetY aPFmves as eligible. E]igibility is defined as completion of Oaupant Protection Usage and Enforcement (OPDE) and Standardized Field Sobriety Testing (SFS'I) courses for agencies participating for a fust yeaz in the grant program and those courscx, as well as Advanced SFST: Dmgs T7iat Impair, for age�ies participating for a second or subsequent year in the grant program. D. Scheduling and conducting infoimal seat belt surveys after each en}ianced enforcement period. In addition, a informal seat belt smvey will be required before the November wave of enforcement to establish a baseline for the community. E. Informing the media of the Safe & Sober program and keeping them apprised of res�ilts and focus issues. Through the media and other ouflets as decided by the Grantee, informing the public of the progaw and focus issues. F. Submitting a written plan for the enforcement and publidmedia relations before each wave by November 17, 1499; Febcuary 10, 2000; March 8, 2000; April 26, 2000; 7une 20, 2000; July 21, 2000 and August 14, 2000 on a form provided by Public Safety. G. Submitting a writtea report on the enfoicement and publiclmedia relations xesuks of each wave on 7anuaty 8, Febmary 28, March 28, June 10, July 14, August 5, and September 16 (all in 2000) on a fotm providedbyPublic Safety. H. Submitting a Snal written report su��ri� f� resnlu af all seven waves, and de.scribin8 Pro� made Wwards reaching each objective and the special project undertaken (if any) no later tlian November 15, 2000. The final report sLall be submitted at the same time as the final claim for reimbursement I. Striving to achieve ? contacts (vehicle stops) per hour of additional enforcement, Lalf (SO°Jo) of which result in a citation and one/5fth (20%) of wluch relate to seat belts or cLild seat citations or wamings. Arrests where a person is removed from the vetucle and taken into custady are considered the equivalent of four velucle stops in the sevencounty metropolitan area and siac velricle atops in the eightycounty geater Minnesota area. J. Striving to inccease DWI arrests iry io Fe=cenc (rrom zoo w 2zo . K. If applicabte, (when the grantee is the lead agency in a grant covering fwo or more enforcemenf agencies); summarize the plans, teports, and inwices for the N!A enforcement agencies into a angle plan, report, and invoice for each wave of the program and submit it w Public Safety. (Chief enfozcement officers from each agency oovered by tk�is gant ageement must sign this agreement — see siSnature PaBe•) CD00032-06 (9-9-99) Minnesoa Saje & Sober Grant, Task r�t��� s,r�yirna� s.r�cy Page 2 00 -�trs L. Contact the Air Bag SafetyBudde Up America Campaign to receive materials related to the pmgrem to mobilize America to buckle up kids. 3. Terms for Reim6nrsement A Public Saf�y shall reimburse the Grantee up m a of S 50.000.00 for fhe �sts incuired by the Gtantee in performing tLe tasks in Sedion 2 of this ageemeni 17�is reimbursement will be made fmm fuuds made available tluough the FTighway Saf�y Act of 1966 (Public Law 89-564) and ameudments the�to. T'he Grantee shall be reimb�sed only for those oosts that the budgei in Section 4., af this a�ce�t specifies w be reimbursable co�s. In addition, Public Safety will reimburse the Grantee only for such of these oosts tLat Public Safety, in its sole di�ion, considers to be reasonable and consistent with the cost figures that are in Sedion 4 af tlus agrcement B. Public Safety shall Leimburse the Grentee only after cosGS are incurred and paid by the Grantee. Claims for reimbursement sLall be submitted by the Grantee on fomvs provided by Public Safety. Claims for reimbwsement may be submitted as often as monthly, a claim must be submittcd within two months of the end of each Safe & Sober wave. Final claims shall be submitted by I�Iovember 15. 2000. The final claim sliall be accompanied by the final report. C. All claims for reimbursement shall be supported by wiitten documeniation including receipts, invoices, travel vouchers, and project Ume reports. A signed Iiighway Safety Equipment Record card (form DPS 7304) for each piece o£ equipment costing S5,000.00 ot more must be submitted with the claim for reimbursement before payment can be made. A. Reimbursement for costs will not be paid on any encumbrance made by the Grantee prior to October 1, 1999 (or prior to the date ffiat the last signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subd. 2, whichever oavrs later) or after September 30. 2000 ,unless requested in writing by the project director (or a successor) who signed this ageement on behalf of the Grantee and if approved by Public 5afety's Office of Traffic Safety, resulting in an amendment W this agrcement E. The Grantee shall not be reimbursed for eapense incurred for work found by Public Safery to be unsatisfactory oc perfocmed in violarion of federal or state laws and regulations. F. This gant agrcement is oontingent upon the State of Minttesota and Public Safety's receiving funds u�er the Highway Safety Act of 1966 {Public Law 89-564), as amended, for the purposes of reimbucsing the GcanteE for the cosss set focth herein. If for any reason the State of Minnesota or Public Safety is prolu'bited in any way from using such funds to reimburse the Grantee for azty of the costs set forth heiein, then Uris agreement shall be null and void and the State of Mianesob and Public Safety shall Lave no direct nor indirect obligation to reimburse the Grantee. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task Public &fdy�l'�c Safdy Page 3 pp . 3d'-S d. Annroved Bud2et The budg� to be reimbursabie from federa1402 funds for Utis Saje & Sober project is approved as follows: Item B�omment Houts and Fringe Benefits Administrative Hours and Fringe Benefits Equ,Pmenx (spe�so e�uiPmenc tistea) Operating Vehicies (per mile basis) Conferen�ings Ttavel, I.adging and Per Diem Purchase af Inoentives or MateiiaLs TOTAL 5. General Provisions of Grant A. Additional Enforcement Amaunt 542,500.00 S2,500.00 S5,000.00 50.00 50.00 50.00 550,000.00 a) Public Safery sl�ail reimburse the Grantee only for the actual hours worked on the tasks and for other eligible costs only if they are actually incurred in performing the tasks. Personnel costs shall be reimbursed on the basis of hourly salary rate(s) tLat Lave been verified and appmved by Public Safety. A first list of hourly salary and fringe benefit tates of eligible oflicers must be received by Public Safety na latec than November 17, 1999. Changes in salary and fringe rates and eligible officeis as they oocur in the warkplace are subject to approval by Public Safety on a continuing basis until the end of the gant ageemenk b) Reimbuisement will be for adual overtime houis worked and for actual fringe benefits paid on those homs. Any alternate plan for cLtiming disect ]abor and related fringe costs must be submitted to and approvefl by Public Safety before the grent begins. B. Travel The Grautee may be reimbursed for travel and subsistence expenses in accordance with, but nrn m exce,ed, the current Commissioners' Travel Plan, and the budget in 5ection 4., of tLis ageement The Grantee sLall not be reimbursed for travel and subsistence incumed outside the state of Minnesota unless it l�as received prior written approval for each such vip from Public Safety. C. ui ment a) Purcbase of equipment or secvices by the Grantee shall comply with all pmcurement procedures and laws Uiat apply to the Grantee's p�u+cbase of similar equipment or services in the perforniance of its duties other than its dudes under this ag�eement b) Any equipment purcha.sed under this agreement shall be used primarily for traffic safety pucposes during the life of the equipment. The Grantee may not deviate from this requirement, and may not dispose of any equipment unless it has first obtained written pemrission from Public Safety. CD00032-06 (9-9-99) Minnesota Saje & Sober Gtant, Task Pubtic Safdy(ha6c sddy Page 4 oo-aFs c) TLe Cnantee sLall be responsffile for all opecating maintenance, a� m,pair costs of equipment putcLased under this agtaement unless othetwise specified TiUe to equipment acquired under this ag�cement will vest upon the grantee. ► ��_l�r �Y Indicect costs sLall nat be reimbursed under tLis agreement E. Reoords axid Documentation a) TLe Giantee shall be responsbie for kceping records that fiilly disclose the amount and disposiflon of funds and the Wtal cost of the pmgrams or projaxs for which the funds are provided. The accounting pmcedures utilized by the Grantee shall gmvide for the ac�;urate and timely rernrding of the receipt of funds and eapenditures. b) The books, records, davmentc, and accounting procedures and practices of the Grantee relevant to this agreement aze subject to examination by Public Safety, by either the legislative auditor or state auditor as appropriate, and by the federal government for a minimum of six years from the end date of this ageement c) Grentee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public Law 98- 502) and Office of Management and Budget Cirailaz A-133. E�u'bit II, Federal Audit Reauirements, is binding upon the Grantee and is hereby incorporated by reference. d) tlll aocounts and reoords shall be retained by the Grantee for a period of six years after completion of the fsnal audit or until all litigaflon, claims, or audit findings involving the rewrds liave been resolved, whichever is later. F. Ownersttin of Docvmenfs All repotts, studies, photograpLs, negatives, or other daaunents prepared by the Grantee in the pedorn�ance of its obligafion under this agreEment shall be the exclusive pmperty of Public Safety. The Grantee may continue to use the materials W pmmote Irighway safety, but may not sell or offer for sate any dacuments developed under this agraement, unless a plan m cecard such sales and make the ptoc�eeds available for traffic safety pucposes is approved by Public Safety. G. Amendments a) Any amendments to this agreement shall be in wnting. b) Minor cLanges in the tasks and budget in Section 2., of this ageement may be made if requested in writing by the project director (or a successor) on behalf of the Grantee and if approved in writing by Public Safety's Office of Traffec Safety. Changes requiring the approval of the U.S. Depaxtment of Transportation or resulting in reimbursement claims in excess of S50.000.00 are not minor changes. CD00032-06 (9A 99) Minnesota Saje & Sober Grant, Task wbGc s.rayrrrnau s.tdy Page 5 aa-3�S � ��� a) Wf�en Public Safety finds that there has been a failure to compty with the provision of this agreement or with the grovisions of Eadubits II or III, or that the pucposes for the funds Lave not been, or will not be fulfilled, natwithstanding any other pravisions of ttris ag�ement to the contrary, Public Safery may take such action as it deems necessary and BPProP� to pmtect the interest of the State of Min�sota, i�luding the iefusal to disbuise additional funds and requiring the repayment of any fands already disbucced. b) This agreement may be canceled hy Public Safety with or withoux cause, upon ten (10) days written norice to the other party. In the event of such a cancellation the Gcantee shall be entifled to reimbursement for eapenses incurrefl for wozk or seivices satisfactority performed on the tasks up to the date of r�ancellation. I. L��ri 1, As permiUed by law, the Grantee sUall retain any and all liabiliry, and ag�es to indemnify, save, and hold Public Safeiy, its agents, and employees harn�less from any and all claims or causes of action arising from the perfom�ance of this agreement by Gcantee or Grantee's agents or employees. TLis clause shall not be constcued to bar any legal remedies Grantee may liave for Public Safety's failure to fulfiil its obligations pursuant to tlris ageement J. Miscellaneous Tlris agreement sLall be subject to all applicable federal and state statutes and regulations, including, but not limited w, the following: a) Section 504 of the ReLabilitatian Ad of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to LandipPP� P��ns. b} 49 CFR Part 23 - Paxricipation by minority business enterprises in Department of Transportation Pcogcams; 44 CFRPart 29 SubpartF - The Drug Free Workplace Ad of 1988; 23 U.S.C.101 Note and A1 U.S.C.lOa - Buy America Ad; and 44 CFR Part 29 - Cectification Regarding Debazment and Suspension These provisions aze addmssed in Exhibit III, which is hereby incocporated by reference and made a part of tLis agreement (see Eaddbit II�. c) Tifle VI of the Civil Rights Act of 1964, as amended. � Also, by signing this agreement, the Giantee certifies ttiat the Grante� lias a current safety belY use policy. Public Safety's authorized agent for the pucposes of administration of this contract is Tina Folch, state program adminisaator of the Office of Traffic Safety or her successor on staff. CI700032-06 (9-9�99) Minnesota Saje & Sober Grant, Task r�br� s.rdrrrr.�o s.c�r Page 6 00 -3rrS IN WITNFSS WHII2EOF, the pazties have caused this agreement to be duty executed intending to be bound thereby. F.[�iZ�i4�1�7 1. GRANTES GRANTEE cali5atluttbe appiop�iafe Pason(s) have executed the Gnat Co�act onbeLalf oftbe GRANTEE u ieqaixedby applicsble artides, bydawe,zesol�diio�, « ardimacea � BY� Tifle: C� i L L� �' ��- Date: l� � 2 � ( � �I _— $Y� TiUe: Date: 2. COMA�IISSIONER OF PUBLIC SAFETY Delegated to: /�1�lT� �Ii✓K/ $�.; V �,.. TiUe: / %✓P Z sQ Date: ( –al 00 CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task ruw;o ssedyrc�� sat'ety Page 7 ORiGINAL presentcd By: �YHEREAS, The Ma}'or recommends that the follo��mg e . Refcrrcd To: 1 2�VHEREAS, thc City oi Saint Paul Policc Department has reccived a 550,000 Safc and Sobcr Grant from t c 3 Minnesota Department of PuUlic Safet}� for the period October 1,1999 through SeptemUer 30, 2000, and 4 5�VHEItEAS, this granf is to be used for additional police traff'ic patroi on specific dates and for laser/ra ar G equipment necessary for tratTic patrol; and � 7 8 NHEREAS, thc police dcpartment needs to establish a spending and financing plxn for the SaPc and So. cr 9 grant funds spent and received in 1999; and 10 11 �YHEREAS, The hSayor pursuant to SceCron 10.07.1 of the Chartcr of the Ci[p of Saint Paut, docs ccrtif�' t at 12 there are avaiiable for appropriatSon funds in eacess of 513,500 of those estimated in thc 1999 buJgct; and 13 ddition be made to the 1999 bud�et: ]4 IS iG 17 18 19 20 21 22 23 2-1 25 2G 27 2S 29 30 31 3? 33 3� 3= 36 37 CURRENT BUDGET CHA.�GES FINANC_ INGPLAN' 001- Gcncral Fund 0�10� - Operations 3199-00057 - Other Fedcral Direct Grants-State CummittccDatc: 13,5�0 13,�OU �� � 1 SPEND p�!v� 001 - Gencra4 Fund OAI�O - Operations 7,300 7,300 0141- Overtime 1,200 1,20U 0439 - Fringe Benefits _ 5,000 5,000 p848-40057 - Other-Speciatized Equipment _ ,�u �' THEREFORE BE IT RESOLVED, that thc City Council aceept thi9 grant award i� thc amount of 550,000 for of Publ c Safeh; and approves the hanges to 1499 6udg into an agreement »'ith the Dtinnesota Department Requcsted h�� Dcp�nrtment of: B�': Adopted b�' CounciL•Datc: --{� �'-] ��5y Ad�ptinn CeRified b}' Council Secretan': ��: �ppr � �� L��� 00 -3 �S � Council Fite # �q � l \ e1.5 GreenSheet# I64528 RESOLUTION CITY OF SAI\T PAUL, 1VIINNE50TA Approval Recommended,bc Budge[ Director: i Bi•: ' r Form ro ed b�� Cit� �t �p: - B �': e���n.ed i� 1! a�'or R �r Submissiun to Council: � A�iEf�`DED BUDGE7 0 0 -�i'S Fxhihit �t 9-1-99 Page 1 of 2 FEDERAL AUDR REQUIREMENTS 1. For subrecipients who are state (inctudes fndian tribes) or {ocal govemments If the grantee expends total direct and indirect Sederal assistance of: *` Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a Sinanciai and compliance audit made i� accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of The grantee govemment, it may cover departments, agencies or establishments that received, e�cQended, or othervvise administered federal financial assistance during the year. Audits shali be made annually unless the State or local govemment has, by January 1,1987, a constitutional or statutory requirement for less frequent auclits. For those govemments, the cognizant agency shall permft biennial audits, covering both years, 'rf the govemment so requests. It shail also honor requests for biennial audits by govemments that have an administrative policy calling for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. , 2. For subrecipients who are Institutions of higher education, hospitais, or other nonprofit organizations if the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and comptiance audit made in accordance with OMB Circular A-133. The audit must be an organ'ization wide audit, uniess it is a coordinated audit in aarordance wdh OMB Circutar A-i33. However, when the $300,000 or more was expended under oniy one program, the subrecipient may have an audii of that one program. Audits shail usually be made annualry, but not iess NequenUy than every two years. -� 3. Ali aud'ds shatl be made by an independent aud'sfor. M 9ndePendent auditor is a state o� _ locaf govemment audifw or a pubiic accountant who meets the independence standards specffied in ifia General Accounting Office's Standards for Aud'R of Go'vemmental Qraanizations Proarams Activities. and Functions. 4. Audit reports shatt state that the aud'R was peAOrmed ln axordance with the provisions of OMB Ciroular A-133 as applicable. The repoRing requtrements for audit reports shall be in accordance with the American InsGtute of Certif(ed Public Accounts' (AICPA) Stateme�t on Aud'Ring Standards (SAS) 58, "Reports on AudRed Financial Statements' or SAS 62, 'Special Reports: as applicabie. �n�bic n oc 3 �'S' s-�-ss Page2of2 The reporting requirements for audit reports on compliance and intemai controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Applicable to Govemmental Entities and Other Recipients of Govemmentai Financial Assistance' and Statement of Position (SOP) 89-6, 'Audftors' Reports in Audits of State and Local Govemmental Units ' In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, inciuding a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. if Corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, .and any independent auditor designated by the grantor shali have such access to grantee's records and fi�a�cial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federai financial assistance from subrecipients are also required to comply with the Singla Audit Act aad the OMB Circular A-133, as applicable. 7. The gcantee agrees to retain documentation to support the schedule of federai assistance. 8. Required audit reports must ba filed with the Office of the State Auditor, Single Audit Division and with the Department of Pubiic Safety, within 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department ot Pub4ic Safety's audit repod should be addressed to: Min�esota Departmeat of Public Safety Otiice of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St Paui, MN 551 01-51 26 9. RecipieMs_expending more than $300.000 in federat funds are to submit one copy of the audit report w'sthin 30 days aSter issuance to the cleartnghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefterson. Indiana 47132 Attn: Single Audit Clearinghouse 6chibit III Page I of 3 oa-s�S CERTIFICATIONS AND ASSLTRANCES DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART Fl In accordance with the Drug-Free Workplace Act of 1988 (49 CFT2 Pazt 29 Subpart F), ffie State will provide a dtug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controiled substance is prohibited in the gantee s workplace and specifying the acuons that will be taken against employees for violation of such prohibiUOn; b) Establishing a drug-free awazeness program to infottn employees about: 1) The dangers of d�ug abuse in the workplace; 2) The grantee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance pcograms; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requireme�t that each employee engaged in the performance of ihe grant be given a copy of the statement requited 6y pazagraph (aj; ' d) Notifying the etnployee in the statement required by pazagraph (a) that, as a condition of employment under the grant, the employee wil! -- 1) Abide by the terms of the statement; and • 2) Notify the employer of any criminal drug statute conviction for a violation occucring in the workplace no later than five days afrer such convicpon. e) Notifying the agency wittun ten days after receiving notice under subparagraph (d)(2) from an employee or oiherwise receiving acWal notice of such conviction. � Taldng one of the following actions, within 30 days of receiving notice under subpazagraph (d)(2). with respect to any employee who is so convicted — Lj Taldng appropriate personnel action against such an employee, up to and including termination; or Requiring such employee to pazticipate satisfactorily in a drug abuse assistance or rehabilitation prog,�am appmved for such pucposes by a Pedacal, State, or local health, law enforcemenG or other appropriate agencY• • 2) p� Maldng a good faith cffort to cominue w maintain a dm8-fi�e workplace thcouy� implementation of ParagaPt�s (a),(b)d�),<d)de). and (fl above. $(JY AMERICA ACT (23 U S C 101 NOTE AND 41 U.S.C. l0a) The State will comply with the provisions of the Buy America Act The DOT reference to the Buy America P.�t is 23 U.S.C. 101 Note and ihe Fcderal govemment-wide teference is 23 U.S.C. 10a. dn(y 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 woald be inconsistent with the public interest; thaf such materials are not reasonably available and are of an unsatisfactory qualiry; or that inclusion of domestic materials will inaease the cost of the overall project contract by moro than 25 pacon4 Clear justification for the purchase of non-domestic items must be in the form of a waiver nquest submitted to and approved by the Secretary of Transportation. Exhibit II I Page 2 of 3 0 0 -385 CERTIFTCATION REGARDING IABBYING Certification for Contracts, Grants, Loans, and CooPentive Ageements 1) No Feder,�l appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence an o�cer or employee of any agency, a Member of Congess, an officer or employee of Congess, or an employee of a Member of Congress in connecGon with ihe awazding of any Federal contracG �e maldng of any Federal gan4 the making of any Federal loan, the entering into of any cooperative agreemem, and the extension, continuation, renewal, amendment, or modificarion of any Federal contract, gcant, loan, or cooperative agreement 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempling to influence an officer or employee of any agency, a Member of Congress, an officet or ecnployee of Congress, or an employee of a Member of Congess in connection with this Federal contract, grant, Ioan, or cooperative agreement, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that ffie language of tl�is certification be included in Ihe awazd documents for ali subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a materia] represe�rtation of fact upon which reliance was placed when this transaction was made or eMered into. Submission of this certification is a preret{uisite for maldng or entering into this transaction . imposed by Secrion 1352, Tide 31, U.S. Code. Any person who fails to file the required certification shall be sub�ect to a civil penalty of not less than $10,000 and not more than $100,000 foc each such failute. CERT'IFICATION REGARDING DEBARMENT AND StJSPINSION In accordance with the provisions of 49 CFR PaR 29, the State agrees ihat it shall not knowingly entcr into anY ageement under its Highway Safety Plan with a person or entiiy that is bacred, suspe�ed, declazed ineligible, or voluntarily excluded from panc�ipation in the Section 402 program, unless otherwise authorized by NHTSA. The State further agrees that it will include the following clause and accompanying insituction, without modification, in all lower tier coveted vansacdons, as provided by 49 CER Part 29, and in all solicitations for lowcr tiet covesed uansac6ons. InstrucCions for CeRificaflon 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification sct out bdow. 2. The cettificadon in this clause is a materiai represantation of fact upon wtuch reliance was Placed when this transaction-wac prtered into. If it is later detamined ihat the prospective lowa tier pazticiPaM know�S rendeced an aroneous ce�tification, in addifion to other remedies available to the Fedcral govein�u� -_ deparmu�nt or age�y w'sth wtuch ttus uansacflon originated may pursue available remedies, including suspc and/or debarment 3. The prospxtive lower tier participant sl�all provide immediate written notice to the person co w}uch this proposal is submitted if at azry tima the prospective lowec tier participant leams that its certification was eaoneous When submiaed or 6as become u*oneous by reason of changed circuwstances. 4. The tams "covered transaction," "dobazred,» "suspended," "ineligible," "lower tier covered lransaction," „��� «��� � .Pri�y covaed uansaction, "principal.• "proposa�. and "voluntarily excluded," as may �ntact thc person to whom U� s proposal is s b � forassistanca in btaining a copy of those regulations. 5. The prospective iowu tier participant agrees by submitting this proposal tha� should the proposed covered transaction be entered into, it shall not knowingly enter into any lower Uer covered ttansactions wtth a parso� 00 .3�.� Exhibit iil Page 3 of 3 who is debarred, suspended, declazed ineligible, o� voluntazily excluded from participation in this covered iransaction, unless authorized by the depamnent or agency with which this transactions originated. 6. The pcospective lowu tier participant fiuther agrees by submitting this proposal that it will include this clause tided "Certification Reguding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower fler covued transactions and in all solicitation for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transacaon that it is not debarred, suspended, ineligible, or voluntazily exciuded from the covered transaction, unless it knows that ffie certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not requ'ued to, check the Nonprocurement List 8. Nothing contained in the foregoing shall be construed to require establishment of a system of ruords in order to render in good faith the certification required by this clause. The lmowledge and information of a participant is not required to exceed tf�at wtuch is normaliy possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized undec paragraph 5 of these instructions, if a participant in a coveted transaction lrnowingly enters into a lower tier covered transaction with a person who is suspended, debazred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal govemment, the departntent or agency with which this ttansacdon originated may pursue available remedies, including suspension and/or debamienc Certification Regarding Debazment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of tlris proposal, that neither it nor its principals is presently debazred, suspended, proposed for debazment, declazed inehgible, or voluntarily excluded from participation in this transaction by any Federat deparhment or agency. 2. Whete tlie prospective lower tier pazticipant is unabie to certify to any of the statements in this cettification, such prospective participants shatl aaach an explanation to tlris proposal. MINORITY BUSINFSS ENTERPRISE REOiJIIZEMENTS In accordance with the provisions of 49 CFR Part 23, the State agrees to abide by the following statements, and shall ensure t8at these statements are included in all subsequent agcements and/or contracts assisted by Secfion 402 funds: It is the policy of the Deparhnent of Transportation that miaority business entaprises, as defined in 49 C�'R Part 23, shali have the mazimum oPPortunitY ta participate in the pafocmance of conffacts finaaced in whole or in part with Federal funds uuder this agrcement Consequently, the MBE requirem«�ts of 49 CFR Part 23 apply to this agreement The recipient or its contractor agrees to ensure that minority business enteiprises as defined in 49 CFR Part 23 have the maximum ty to participate in the performance of contracu and subcontracts financed in whole or in part with Federal fun p under this agreemenL In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maxitnum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminace on the basis of race, wior, nadonal origin, or sex in the award and performance of AOT-assisted contracu. OR(G1NAL Council File # OQ —3$$ Green Sheet # 104613 Presented By: Referred To: Commitcee: Date: �3 1 2 WI�REAS the City of Saint Paul Police Department has received a S50 000 Safe and Sober Grant from the 3 4 5 G 7 S 9 10 ii 1Z 13 14 15 > > Minnesota Department of Public Safety for the period October 1,1999 through September 30, 2000, and WFIEREAS, this grant was accepted by the City Council November 17,1999 (Council Fite #99-1125); and WFIEREAS, this grant is to be used for additionat police traffic patrol on spec�c dates and for laser/radar equipment necessary for traffic patrol; and WHEREAS, the Police Department needs to establish a spending and fmancing plan for the remaining Safe and Sober grant funds to be used in 2000; and WHEREAS, The Mayor pursuant to Section l0.OZ1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds in excess of $38,038 of those estimated in the 2000 budget; and 1G WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: 17 18 19 20 21 FINANCING PLAN: 22 001 - General Rund 23 24 25 26 27 28 29 30 31 32 33 34 04100 - Operations 3199-40057 - Other Federal Direct Grants-State Sl'ENDING PLAN: 001 - General Fund 04100 - Operations 0141 - Overtime OA39 - Fringe Benefits CURRENT AMENDED BUDGET CI7,ANGES BUDGET 38,038 38,035 902,032 32,960 934,992 6,494,278 5,078 6,A9),356 > > > > , 35 36 37 THEREFORE BE IT RESOLVED, that the City Council approvea the changes to the 2000 budget. 38 Requested by Department of: Polic By: Ap,�o;al Recomm ded by Budget Director: Adopted by Council:Date: ��„ _��, � r� a`� � Adoption Certified by Council S y: �� BY� �a- . 1--4.�,_,�_ Approved by Mayor:Date: 3 �� BY� �i���h'o0/ RESOLUTION CITY OF SAINT PAIJL, MINNESOTA Form sy: CounciL By: Safe&Sobeccr 00 � DEPARTPAENT/OFPICElCOUNCIL DA7E INITIA7ED PoliceDepartment 3/30/00 GREEN SHEET rvo. 104613 � CONiA PERSON & PHONE MfOAUOA7E INRIAUDATE C1uefFinIIey 292 "� � � OEPARTMQRDIRE4TOR 5 crtrcouxu� t MUST BE ON COISMCIL AGENDA BY (DA7E) � ' OO �� $J Please process ASAP 3�rA„o�r ❑CITYCLERK �FPW�CUaLSERVICE501 �FPLWGUILSERV/ACCTG ;t'�c °°:�? �Q�� �MAYOR�ORASSISTANT) ❑HUMANFIGHTS '-_::,�.r'�#�� TOTAL # OF SiGNATURE PAGES 1 (CLfP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolurion establishing a 2000 spending and financing plan for the Safe and Sober Grant. RECOMMENDATION Approve (A) o[ RejeCt (R) PERSONAL SERVICE C�NTRACTS MUST ANSWER THE POLIOWING QUESTl�NS: 1 Has ihis person/firm everworked under a coniract for this department? PIANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/frm ever been a ciry employee? CIVIL SERVICE COMMISSION YES No 3 Does this personffrtn possess a skill not normally possessetl by any current cRy employee� YES NO 4 Is this persoNfirm a tergeted vendoY? YES NO Explam all yes answers on separate sheet and attach to green sheet INI7IATING PROBLEM ISSUE, OPPOR7UNITY (WHO, WHAT, WHEN, WHERE, WHYJ The State of 1Vfinnesota Department of Public Safety awarded a$50,000 Safe and Sober grant to the Saint Paul Police Departrnent for traffic control October 1, 1999 through September 30, 2000. The City Council accepted this grant on November 17, 1999 (Council File �99-1125). A spending and financing plan needs to be established for the remaining Safe and 5ober grant funds to be used in 2000. (Attached is a copy of the grant. ) AWANTAGES 1F APPROVED Increased traffic patrol on specific dates. DISADVANTAGESIFAPPROVED None. DiSADVANTAGES IF NOT APPROVED Loss of grant funding for inereased traffic patrol. '� .L�^ ��SP,�t��? �Q�f�� e>'��'� .� c� ��+�U TOTAL AMOUNT OF TRANSACTION $ 38,038 COST/REVENUE BUDGETED (CIRC4E ONE) YES NO FUNDWG SOURCE $t3t0 Of iVIN p0p3LCR10Ilt Of PI1b11C $dfeL}' ACiNITY NUMBER �4100 FINANCIAL MFORMATION (EXPLAIN) Safe&Sober gs.00 ORl�I�JAL GBANT AGBEEMENT BETVV�EEEN 1'� NIINNESOTA DEPAIiTMENT OF PIIBLIC SAFETY Q b.3 �,5 APiD THE ST. PAIIL POLICE DEPABTMENT/'IRAFFIC DIVISION Federal Funds pmvided under U. S. Depanment af Transportation's State and Communixy Highway Safety Pnogam, Federal Catalog Number 20.600. �r °r.v.g_��", ., ax...c-��...r,�v �%:3':�i,�:m �6;%"�?"�'?�%X".tii:":na• c � .l�i,'i.`���r.��;y.,-�°� sv///i` �F'ff'^R �""r�' 9..$:0".'%' x'. 'ai ��:)� ii '.� ffl' o;N.l�� �,°m:ok� ..�'7i"i.;`.�f'%^%��.✓„/;°„/,,,�;a.^a`.:!�„<:.,�::+:';. i<��' j�=�� % K knC . ;,�?;,.�,.. ..;F 'N.3'..^,..;:....�;r: 'q% �^ � un`��U..C�.u.'�/'d��i' :(..:�,�' , l�Hx�.�:m 2?i;�:: 4 ,.: :.,.>; . u �. . , ....>. : �- . �,:�z..�; �:.n..^on.ia`.�'�i,ni?.lr��.�i n ,�...,fi:p/.c:�siysY.o>a>:.i...,:.;;a„>'. ...,:..o ...:.......:...�...,..H,.,.:.,,.._..:.,......,.,,::...,. � i } ` } : �' c �' LUfJ�i . Order: �� (� j� `— O � � ' - Number/Date/Signature - � " � ----.`..' (Indivulual signing certif:es thatfu�uls have been encumbered as required byMinn. Stat. 16A.15 and 16C.05.) NOTICE TO GRAN1'EE: You arc ra�uired by Minoada Statidu, Sedion 270.66 W provide yarc +ocia� sewrdy cumlxr a Fedenl employar taz identi6mt+m numbtt and Minneaata taz ide�iEcatim numbrr'ff you do bisioeas wiUi ihc S1We af Mimnota 'i}�ia mfo�mstim may be used ia the enfaremeot of fedael md etate taY laws. Supplyingil�se nua�6tts cauldreauk iu adion W requin }rou to 5k tlete Wctetume aod WY ��N� atate tas liabilitin. 'R�ia conhact will not be aoaroved unless these numbeis are wovided TLese numbas aill 6e avaiLble W federd aad zlate hx avihorilia aod rtate pexsaooel 'mvdved in appro�'io8 the oon4ac[ md tbe payaunt of atafe obliy�tiaos. Grantee Name aad Addresx SL Paul Polic� Deptarment/Tr�c Division 100 East 11 Street St Paul, MN SS101 Soc.Sec.orFedaalPmployalD.No.416003321 M�wfaTaxLD.No.(?fapplicabk)0080250956 THIS PAGE OF THE CONTRACT CONTAINSPRIYATEINFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NaT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMI5SION OF TI3E CONTRACTOR If you circulate this contract internally, only o�ces that require access to the tar identification mrmber AND all individuals/o�ces signing this coniract should have access to ihis page. cn000sz-0c �ov�-ss> Minnesota Snje & Sober Grant Public Safdy/1'nffic Safrty «Agency» Yrocessing Lsformation (Some entries maY � aPP 'sition: —3 U ' ,� � �f rGi �r �tx> � � � � �{ NumberlDateJEntry Inl�t�als 00 -��rs The pazties to this ageement aze the ]kpanment of Public Safety of the Staie of Minnesota hereinafter referred to as "Public Safet};" and the 5t Paal Potice Denartment/1'raf£c Division . address 100 East 11"' Street, SL paal. MN 55101 , hereinafter referred to as the "Crrantee." WFIEREAS, pursuant to M'innesota StaWtes 4.075, Public Safety Las been designated as the aPP=oPriate agency to receive, allacate and disbu�e federal monies provided under the National Aighway Safety Act of 1966 (Public Law 89-564) as amended, and: Wf�REAS, Public Safety Las a Highway Safety project entifled Safe & Sober Communides , number 00-02-03 funded under tLis law, and: WFIEREAS, the Grantee is authorized pucsuant to Minnesoh Statutes 4.075 to receive such fuads as may be available for such pucposes and has obtained a resolutian autharizing the gant fmm their city council or county board of commis.goners (the resolution is E�dubit I, which is hereby incorpocated by reference and made a part af this agceement); Now, the:efore, the pazties agrce as follows: 1. Terms of Grant A2reement Ttus gant ageement shall be effective on October 1, 1999 , or upoa the date that the final required siguature is obtained by Pubtic Safeiy, pursuant to Minnesota Statute 16C.05, Subdivision 2, wluchever occurs later, and shall remain in effect until September 30 . 2000 , or until all obligafions set forth in this grant ageement Lave been sa6sfactorily fulfilled, wluchever occurs first. The GRANTEE understands that NO work ahoWd begin under this Grant untit ALL required signatures have been obtaiued and GAANTEE is norified to begin work by Public 5afety's Authorized Representative. 2. Grantee's Dulie.r The Grantee will participate in the Safe & Sober campaign, a program which seeks to increase compliance with traffic safety laws, with emphasis on driving while impaired and passenger protection by enhanced enforcement of those laws coupled with educaflon and media relations. The two-pronged approach is designed to increase the public's percepflon of the likelihood of suffering negative consequences if they fail to comply. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task A,b�i� s,rayir�� s�t'�r Page 1 00 -� �-s samrdays inciude,�Q w aawn oa sundays. Pazticipation is de5ned as: A Scheduling aad co�Cting appropmately 174 Lwrs of addifional (that is, �t re8�az13' schedulecn traffic paitol diuing the ficst, foutth, Sfth, and seventh Safe & Sober enfoicement periads and appm�matety 58 haus of additionat traffic patrol the seoond, tltird, and sixth Safe & Sober enforcemeat periods. g_ Scheduling and conducting appmbmately 0 houts of additional traffic patrol outside of the seven Safe & Sober enforcement periads. C. These traffic patrols will be conducted using only those afficecs whom Public SafetY aPFmves as eligible. E]igibility is defined as completion of Oaupant Protection Usage and Enforcement (OPDE) and Standardized Field Sobriety Testing (SFS'I) courses for agencies participating for a fust yeaz in the grant program and those courscx, as well as Advanced SFST: Dmgs T7iat Impair, for age�ies participating for a second or subsequent year in the grant program. D. Scheduling and conducting infoimal seat belt surveys after each en}ianced enforcement period. In addition, a informal seat belt smvey will be required before the November wave of enforcement to establish a baseline for the community. E. Informing the media of the Safe & Sober program and keeping them apprised of res�ilts and focus issues. Through the media and other ouflets as decided by the Grantee, informing the public of the progaw and focus issues. F. Submitting a written plan for the enforcement and publidmedia relations before each wave by November 17, 1499; Febcuary 10, 2000; March 8, 2000; April 26, 2000; 7une 20, 2000; July 21, 2000 and August 14, 2000 on a form provided by Public Safety. G. Submitting a writtea report on the enfoicement and publiclmedia relations xesuks of each wave on 7anuaty 8, Febmary 28, March 28, June 10, July 14, August 5, and September 16 (all in 2000) on a fotm providedbyPublic Safety. H. Submitting a Snal written report su��ri� f� resnlu af all seven waves, and de.scribin8 Pro� made Wwards reaching each objective and the special project undertaken (if any) no later tlian November 15, 2000. The final report sLall be submitted at the same time as the final claim for reimbursement I. Striving to achieve ? contacts (vehicle stops) per hour of additional enforcement, Lalf (SO°Jo) of which result in a citation and one/5fth (20%) of wluch relate to seat belts or cLild seat citations or wamings. Arrests where a person is removed from the vetucle and taken into custady are considered the equivalent of four velucle stops in the sevencounty metropolitan area and siac velricle atops in the eightycounty geater Minnesota area. J. Striving to inccease DWI arrests iry io Fe=cenc (rrom zoo w 2zo . K. If applicabte, (when the grantee is the lead agency in a grant covering fwo or more enforcemenf agencies); summarize the plans, teports, and inwices for the N!A enforcement agencies into a angle plan, report, and invoice for each wave of the program and submit it w Public Safety. (Chief enfozcement officers from each agency oovered by tk�is gant ageement must sign this agreement — see siSnature PaBe•) CD00032-06 (9-9-99) Minnesoa Saje & Sober Grant, Task r�t��� s,r�yirna� s.r�cy Page 2 00 -�trs L. Contact the Air Bag SafetyBudde Up America Campaign to receive materials related to the pmgrem to mobilize America to buckle up kids. 3. Terms for Reim6nrsement A Public Saf�y shall reimburse the Grantee up m a of S 50.000.00 for fhe �sts incuired by the Gtantee in performing tLe tasks in Sedion 2 of this ageemeni 17�is reimbursement will be made fmm fuuds made available tluough the FTighway Saf�y Act of 1966 (Public Law 89-564) and ameudments the�to. T'he Grantee shall be reimb�sed only for those oosts that the budgei in Section 4., af this a�ce�t specifies w be reimbursable co�s. In addition, Public Safety will reimburse the Grantee only for such of these oosts tLat Public Safety, in its sole di�ion, considers to be reasonable and consistent with the cost figures that are in Sedion 4 af tlus agrcement B. Public Safety shall Leimburse the Grentee only after cosGS are incurred and paid by the Grantee. Claims for reimbursement sLall be submitted by the Grantee on fomvs provided by Public Safety. Claims for reimbwsement may be submitted as often as monthly, a claim must be submittcd within two months of the end of each Safe & Sober wave. Final claims shall be submitted by I�Iovember 15. 2000. The final claim sliall be accompanied by the final report. C. All claims for reimbursement shall be supported by wiitten documeniation including receipts, invoices, travel vouchers, and project Ume reports. A signed Iiighway Safety Equipment Record card (form DPS 7304) for each piece o£ equipment costing S5,000.00 ot more must be submitted with the claim for reimbursement before payment can be made. A. Reimbursement for costs will not be paid on any encumbrance made by the Grantee prior to October 1, 1999 (or prior to the date ffiat the last signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subd. 2, whichever oavrs later) or after September 30. 2000 ,unless requested in writing by the project director (or a successor) who signed this ageement on behalf of the Grantee and if approved by Public 5afety's Office of Traffic Safety, resulting in an amendment W this agrcement E. The Grantee shall not be reimbursed for eapense incurred for work found by Public Safery to be unsatisfactory oc perfocmed in violarion of federal or state laws and regulations. F. This gant agrcement is oontingent upon the State of Minttesota and Public Safety's receiving funds u�er the Highway Safety Act of 1966 {Public Law 89-564), as amended, for the purposes of reimbucsing the GcanteE for the cosss set focth herein. If for any reason the State of Minnesota or Public Safety is prolu'bited in any way from using such funds to reimburse the Grantee for azty of the costs set forth heiein, then Uris agreement shall be null and void and the State of Mianesob and Public Safety shall Lave no direct nor indirect obligation to reimburse the Grantee. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task Public &fdy�l'�c Safdy Page 3 pp . 3d'-S d. Annroved Bud2et The budg� to be reimbursabie from federa1402 funds for Utis Saje & Sober project is approved as follows: Item B�omment Houts and Fringe Benefits Administrative Hours and Fringe Benefits Equ,Pmenx (spe�so e�uiPmenc tistea) Operating Vehicies (per mile basis) Conferen�ings Ttavel, I.adging and Per Diem Purchase af Inoentives or MateiiaLs TOTAL 5. General Provisions of Grant A. Additional Enforcement Amaunt 542,500.00 S2,500.00 S5,000.00 50.00 50.00 50.00 550,000.00 a) Public Safery sl�ail reimburse the Grantee only for the actual hours worked on the tasks and for other eligible costs only if they are actually incurred in performing the tasks. Personnel costs shall be reimbursed on the basis of hourly salary rate(s) tLat Lave been verified and appmved by Public Safety. A first list of hourly salary and fringe benefit tates of eligible oflicers must be received by Public Safety na latec than November 17, 1999. Changes in salary and fringe rates and eligible officeis as they oocur in the warkplace are subject to approval by Public Safety on a continuing basis until the end of the gant ageemenk b) Reimbuisement will be for adual overtime houis worked and for actual fringe benefits paid on those homs. Any alternate plan for cLtiming disect ]abor and related fringe costs must be submitted to and approvefl by Public Safety before the grent begins. B. Travel The Grautee may be reimbursed for travel and subsistence expenses in accordance with, but nrn m exce,ed, the current Commissioners' Travel Plan, and the budget in 5ection 4., of tLis ageement The Grantee sLall not be reimbursed for travel and subsistence incumed outside the state of Minnesota unless it l�as received prior written approval for each such vip from Public Safety. C. ui ment a) Purcbase of equipment or secvices by the Grantee shall comply with all pmcurement procedures and laws Uiat apply to the Grantee's p�u+cbase of similar equipment or services in the perforniance of its duties other than its dudes under this ag�eement b) Any equipment purcha.sed under this agreement shall be used primarily for traffic safety pucposes during the life of the equipment. The Grantee may not deviate from this requirement, and may not dispose of any equipment unless it has first obtained written pemrission from Public Safety. CD00032-06 (9-9-99) Minnesota Saje & Sober Gtant, Task Pubtic Safdy(ha6c sddy Page 4 oo-aFs c) TLe Cnantee sLall be responsffile for all opecating maintenance, a� m,pair costs of equipment putcLased under this agtaement unless othetwise specified TiUe to equipment acquired under this ag�cement will vest upon the grantee. ► ��_l�r �Y Indicect costs sLall nat be reimbursed under tLis agreement E. Reoords axid Documentation a) TLe Giantee shall be responsbie for kceping records that fiilly disclose the amount and disposiflon of funds and the Wtal cost of the pmgrams or projaxs for which the funds are provided. The accounting pmcedures utilized by the Grantee shall gmvide for the ac�;urate and timely rernrding of the receipt of funds and eapenditures. b) The books, records, davmentc, and accounting procedures and practices of the Grantee relevant to this agreement aze subject to examination by Public Safety, by either the legislative auditor or state auditor as appropriate, and by the federal government for a minimum of six years from the end date of this ageement c) Grentee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public Law 98- 502) and Office of Management and Budget Cirailaz A-133. E�u'bit II, Federal Audit Reauirements, is binding upon the Grantee and is hereby incorporated by reference. d) tlll aocounts and reoords shall be retained by the Grantee for a period of six years after completion of the fsnal audit or until all litigaflon, claims, or audit findings involving the rewrds liave been resolved, whichever is later. F. Ownersttin of Docvmenfs All repotts, studies, photograpLs, negatives, or other daaunents prepared by the Grantee in the pedorn�ance of its obligafion under this agreEment shall be the exclusive pmperty of Public Safety. The Grantee may continue to use the materials W pmmote Irighway safety, but may not sell or offer for sate any dacuments developed under this agraement, unless a plan m cecard such sales and make the ptoc�eeds available for traffic safety pucposes is approved by Public Safety. G. Amendments a) Any amendments to this agreement shall be in wnting. b) Minor cLanges in the tasks and budget in Section 2., of this ageement may be made if requested in writing by the project director (or a successor) on behalf of the Grantee and if approved in writing by Public Safety's Office of Traffec Safety. Changes requiring the approval of the U.S. Depaxtment of Transportation or resulting in reimbursement claims in excess of S50.000.00 are not minor changes. CD00032-06 (9A 99) Minnesota Saje & Sober Grant, Task wbGc s.rayrrrnau s.tdy Page 5 aa-3�S � ��� a) Wf�en Public Safety finds that there has been a failure to compty with the provision of this agreement or with the grovisions of Eadubits II or III, or that the pucposes for the funds Lave not been, or will not be fulfilled, natwithstanding any other pravisions of ttris ag�ement to the contrary, Public Safery may take such action as it deems necessary and BPProP� to pmtect the interest of the State of Min�sota, i�luding the iefusal to disbuise additional funds and requiring the repayment of any fands already disbucced. b) This agreement may be canceled hy Public Safety with or withoux cause, upon ten (10) days written norice to the other party. In the event of such a cancellation the Gcantee shall be entifled to reimbursement for eapenses incurrefl for wozk or seivices satisfactority performed on the tasks up to the date of r�ancellation. I. L��ri 1, As permiUed by law, the Grantee sUall retain any and all liabiliry, and ag�es to indemnify, save, and hold Public Safeiy, its agents, and employees harn�less from any and all claims or causes of action arising from the perfom�ance of this agreement by Gcantee or Grantee's agents or employees. TLis clause shall not be constcued to bar any legal remedies Grantee may liave for Public Safety's failure to fulfiil its obligations pursuant to tlris ageement J. Miscellaneous Tlris agreement sLall be subject to all applicable federal and state statutes and regulations, including, but not limited w, the following: a) Section 504 of the ReLabilitatian Ad of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to LandipPP� P��ns. b} 49 CFR Part 23 - Paxricipation by minority business enterprises in Department of Transportation Pcogcams; 44 CFRPart 29 SubpartF - The Drug Free Workplace Ad of 1988; 23 U.S.C.101 Note and A1 U.S.C.lOa - Buy America Ad; and 44 CFR Part 29 - Cectification Regarding Debazment and Suspension These provisions aze addmssed in Exhibit III, which is hereby incocporated by reference and made a part of tLis agreement (see Eaddbit II�. c) Tifle VI of the Civil Rights Act of 1964, as amended. � Also, by signing this agreement, the Giantee certifies ttiat the Grante� lias a current safety belY use policy. Public Safety's authorized agent for the pucposes of administration of this contract is Tina Folch, state program adminisaator of the Office of Traffic Safety or her successor on staff. CI700032-06 (9-9�99) Minnesota Saje & Sober Grant, Task r�br� s.rdrrrr.�o s.c�r Page 6 00 -3rrS IN WITNFSS WHII2EOF, the pazties have caused this agreement to be duty executed intending to be bound thereby. F.[�iZ�i4�1�7 1. GRANTES GRANTEE cali5atluttbe appiop�iafe Pason(s) have executed the Gnat Co�act onbeLalf oftbe GRANTEE u ieqaixedby applicsble artides, bydawe,zesol�diio�, « ardimacea � BY� Tifle: C� i L L� �' ��- Date: l� � 2 � ( � �I _— $Y� TiUe: Date: 2. COMA�IISSIONER OF PUBLIC SAFETY Delegated to: /�1�lT� �Ii✓K/ $�.; V �,.. TiUe: / %✓P Z sQ Date: ( –al 00 CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task ruw;o ssedyrc�� sat'ety Page 7 ORiGINAL presentcd By: �YHEREAS, The Ma}'or recommends that the follo��mg e . Refcrrcd To: 1 2�VHEREAS, thc City oi Saint Paul Policc Department has reccived a 550,000 Safc and Sobcr Grant from t c 3 Minnesota Department of PuUlic Safet}� for the period October 1,1999 through SeptemUer 30, 2000, and 4 5�VHEItEAS, this granf is to be used for additional police traff'ic patroi on specific dates and for laser/ra ar G equipment necessary for tratTic patrol; and � 7 8 NHEREAS, thc police dcpartment needs to establish a spending and financing plxn for the SaPc and So. cr 9 grant funds spent and received in 1999; and 10 11 �YHEREAS, The hSayor pursuant to SceCron 10.07.1 of the Chartcr of the Ci[p of Saint Paut, docs ccrtif�' t at 12 there are avaiiable for appropriatSon funds in eacess of 513,500 of those estimated in thc 1999 buJgct; and 13 ddition be made to the 1999 bud�et: ]4 IS iG 17 18 19 20 21 22 23 2-1 25 2G 27 2S 29 30 31 3? 33 3� 3= 36 37 CURRENT BUDGET CHA.�GES FINANC_ INGPLAN' 001- Gcncral Fund 0�10� - Operations 3199-00057 - Other Fedcral Direct Grants-State CummittccDatc: 13,5�0 13,�OU �� � 1 SPEND p�!v� 001 - Gencra4 Fund OAI�O - Operations 7,300 7,300 0141- Overtime 1,200 1,20U 0439 - Fringe Benefits _ 5,000 5,000 p848-40057 - Other-Speciatized Equipment _ ,�u �' THEREFORE BE IT RESOLVED, that thc City Council aceept thi9 grant award i� thc amount of 550,000 for of Publ c Safeh; and approves the hanges to 1499 6udg into an agreement »'ith the Dtinnesota Department Requcsted h�� Dcp�nrtment of: B�': Adopted b�' CounciL•Datc: --{� �'-] ��5y Ad�ptinn CeRified b}' Council Secretan': ��: �ppr � �� L��� 00 -3 �S � Council Fite # �q � l \ e1.5 GreenSheet# I64528 RESOLUTION CITY OF SAI\T PAUL, 1VIINNE50TA Approval Recommended,bc Budge[ Director: i Bi•: ' r Form ro ed b�� Cit� �t �p: - B �': e���n.ed i� 1! a�'or R �r Submissiun to Council: � A�iEf�`DED BUDGE7 0 0 -�i'S Fxhihit �t 9-1-99 Page 1 of 2 FEDERAL AUDR REQUIREMENTS 1. For subrecipients who are state (inctudes fndian tribes) or {ocal govemments If the grantee expends total direct and indirect Sederal assistance of: *` Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a Sinanciai and compliance audit made i� accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of The grantee govemment, it may cover departments, agencies or establishments that received, e�cQended, or othervvise administered federal financial assistance during the year. Audits shali be made annually unless the State or local govemment has, by January 1,1987, a constitutional or statutory requirement for less frequent auclits. For those govemments, the cognizant agency shall permft biennial audits, covering both years, 'rf the govemment so requests. It shail also honor requests for biennial audits by govemments that have an administrative policy calling for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. , 2. For subrecipients who are Institutions of higher education, hospitais, or other nonprofit organizations if the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and comptiance audit made in accordance with OMB Circular A-133. The audit must be an organ'ization wide audit, uniess it is a coordinated audit in aarordance wdh OMB Circutar A-i33. However, when the $300,000 or more was expended under oniy one program, the subrecipient may have an audii of that one program. Audits shail usually be made annualry, but not iess NequenUy than every two years. -� 3. Ali aud'ds shatl be made by an independent aud'sfor. M 9ndePendent auditor is a state o� _ locaf govemment audifw or a pubiic accountant who meets the independence standards specffied in ifia General Accounting Office's Standards for Aud'R of Go'vemmental Qraanizations Proarams Activities. and Functions. 4. Audit reports shatt state that the aud'R was peAOrmed ln axordance with the provisions of OMB Ciroular A-133 as applicable. The repoRing requtrements for audit reports shall be in accordance with the American InsGtute of Certif(ed Public Accounts' (AICPA) Stateme�t on Aud'Ring Standards (SAS) 58, "Reports on AudRed Financial Statements' or SAS 62, 'Special Reports: as applicabie. �n�bic n oc 3 �'S' s-�-ss Page2of2 The reporting requirements for audit reports on compliance and intemai controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Applicable to Govemmental Entities and Other Recipients of Govemmentai Financial Assistance' and Statement of Position (SOP) 89-6, 'Audftors' Reports in Audits of State and Local Govemmental Units ' In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, inciuding a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. if Corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, .and any independent auditor designated by the grantor shali have such access to grantee's records and fi�a�cial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federai financial assistance from subrecipients are also required to comply with the Singla Audit Act aad the OMB Circular A-133, as applicable. 7. The gcantee agrees to retain documentation to support the schedule of federai assistance. 8. Required audit reports must ba filed with the Office of the State Auditor, Single Audit Division and with the Department of Pubiic Safety, within 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department ot Pub4ic Safety's audit repod should be addressed to: Min�esota Departmeat of Public Safety Otiice of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St Paui, MN 551 01-51 26 9. RecipieMs_expending more than $300.000 in federat funds are to submit one copy of the audit report w'sthin 30 days aSter issuance to the cleartnghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefterson. Indiana 47132 Attn: Single Audit Clearinghouse 6chibit III Page I of 3 oa-s�S CERTIFICATIONS AND ASSLTRANCES DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART Fl In accordance with the Drug-Free Workplace Act of 1988 (49 CFT2 Pazt 29 Subpart F), ffie State will provide a dtug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controiled substance is prohibited in the gantee s workplace and specifying the acuons that will be taken against employees for violation of such prohibiUOn; b) Establishing a drug-free awazeness program to infottn employees about: 1) The dangers of d�ug abuse in the workplace; 2) The grantee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance pcograms; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requireme�t that each employee engaged in the performance of ihe grant be given a copy of the statement requited 6y pazagraph (aj; ' d) Notifying the etnployee in the statement required by pazagraph (a) that, as a condition of employment under the grant, the employee wil! -- 1) Abide by the terms of the statement; and • 2) Notify the employer of any criminal drug statute conviction for a violation occucring in the workplace no later than five days afrer such convicpon. e) Notifying the agency wittun ten days after receiving notice under subparagraph (d)(2) from an employee or oiherwise receiving acWal notice of such conviction. � Taldng one of the following actions, within 30 days of receiving notice under subpazagraph (d)(2). with respect to any employee who is so convicted — Lj Taldng appropriate personnel action against such an employee, up to and including termination; or Requiring such employee to pazticipate satisfactorily in a drug abuse assistance or rehabilitation prog,�am appmved for such pucposes by a Pedacal, State, or local health, law enforcemenG or other appropriate agencY• • 2) p� Maldng a good faith cffort to cominue w maintain a dm8-fi�e workplace thcouy� implementation of ParagaPt�s (a),(b)d�),<d)de). and (fl above. $(JY AMERICA ACT (23 U S C 101 NOTE AND 41 U.S.C. l0a) The State will comply with the provisions of the Buy America Act The DOT reference to the Buy America P.�t is 23 U.S.C. 101 Note and ihe Fcderal govemment-wide teference is 23 U.S.C. 10a. dn(y 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 woald be inconsistent with the public interest; thaf such materials are not reasonably available and are of an unsatisfactory qualiry; or that inclusion of domestic materials will inaease the cost of the overall project contract by moro than 25 pacon4 Clear justification for the purchase of non-domestic items must be in the form of a waiver nquest submitted to and approved by the Secretary of Transportation. Exhibit II I Page 2 of 3 0 0 -385 CERTIFTCATION REGARDING IABBYING Certification for Contracts, Grants, Loans, and CooPentive Ageements 1) No Feder,�l appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence an o�cer or employee of any agency, a Member of Congess, an officer or employee of Congess, or an employee of a Member of Congress in connecGon with ihe awazding of any Federal contracG �e maldng of any Federal gan4 the making of any Federal loan, the entering into of any cooperative agreemem, and the extension, continuation, renewal, amendment, or modificarion of any Federal contract, gcant, loan, or cooperative agreement 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempling to influence an officer or employee of any agency, a Member of Congress, an officet or ecnployee of Congress, or an employee of a Member of Congess in connection with this Federal contract, grant, Ioan, or cooperative agreement, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that ffie language of tl�is certification be included in Ihe awazd documents for ali subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a materia] represe�rtation of fact upon which reliance was placed when this transaction was made or eMered into. Submission of this certification is a preret{uisite for maldng or entering into this transaction . imposed by Secrion 1352, Tide 31, U.S. Code. Any person who fails to file the required certification shall be sub�ect to a civil penalty of not less than $10,000 and not more than $100,000 foc each such failute. CERT'IFICATION REGARDING DEBARMENT AND StJSPINSION In accordance with the provisions of 49 CFR PaR 29, the State agrees ihat it shall not knowingly entcr into anY ageement under its Highway Safety Plan with a person or entiiy that is bacred, suspe�ed, declazed ineligible, or voluntarily excluded from panc�ipation in the Section 402 program, unless otherwise authorized by NHTSA. The State further agrees that it will include the following clause and accompanying insituction, without modification, in all lower tier coveted vansacdons, as provided by 49 CER Part 29, and in all solicitations for lowcr tiet covesed uansac6ons. InstrucCions for CeRificaflon 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification sct out bdow. 2. The cettificadon in this clause is a materiai represantation of fact upon wtuch reliance was Placed when this transaction-wac prtered into. If it is later detamined ihat the prospective lowa tier pazticiPaM know�S rendeced an aroneous ce�tification, in addifion to other remedies available to the Fedcral govein�u� -_ deparmu�nt or age�y w'sth wtuch ttus uansacflon originated may pursue available remedies, including suspc and/or debarment 3. The prospxtive lower tier participant sl�all provide immediate written notice to the person co w}uch this proposal is submitted if at azry tima the prospective lowec tier participant leams that its certification was eaoneous When submiaed or 6as become u*oneous by reason of changed circuwstances. 4. The tams "covered transaction," "dobazred,» "suspended," "ineligible," "lower tier covered lransaction," „��� «��� � .Pri�y covaed uansaction, "principal.• "proposa�. and "voluntarily excluded," as may �ntact thc person to whom U� s proposal is s b � forassistanca in btaining a copy of those regulations. 5. The prospective iowu tier participant agrees by submitting this proposal tha� should the proposed covered transaction be entered into, it shall not knowingly enter into any lower Uer covered ttansactions wtth a parso� 00 .3�.� Exhibit iil Page 3 of 3 who is debarred, suspended, declazed ineligible, o� voluntazily excluded from participation in this covered iransaction, unless authorized by the depamnent or agency with which this transactions originated. 6. The pcospective lowu tier participant fiuther agrees by submitting this proposal that it will include this clause tided "Certification Reguding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower fler covued transactions and in all solicitation for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transacaon that it is not debarred, suspended, ineligible, or voluntazily exciuded from the covered transaction, unless it knows that ffie certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not requ'ued to, check the Nonprocurement List 8. Nothing contained in the foregoing shall be construed to require establishment of a system of ruords in order to render in good faith the certification required by this clause. The lmowledge and information of a participant is not required to exceed tf�at wtuch is normaliy possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized undec paragraph 5 of these instructions, if a participant in a coveted transaction lrnowingly enters into a lower tier covered transaction with a person who is suspended, debazred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal govemment, the departntent or agency with which this ttansacdon originated may pursue available remedies, including suspension and/or debamienc Certification Regarding Debazment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of tlris proposal, that neither it nor its principals is presently debazred, suspended, proposed for debazment, declazed inehgible, or voluntarily excluded from participation in this transaction by any Federat deparhment or agency. 2. Whete tlie prospective lower tier pazticipant is unabie to certify to any of the statements in this cettification, such prospective participants shatl aaach an explanation to tlris proposal. MINORITY BUSINFSS ENTERPRISE REOiJIIZEMENTS In accordance with the provisions of 49 CFR Part 23, the State agrees to abide by the following statements, and shall ensure t8at these statements are included in all subsequent agcements and/or contracts assisted by Secfion 402 funds: It is the policy of the Deparhnent of Transportation that miaority business entaprises, as defined in 49 C�'R Part 23, shali have the mazimum oPPortunitY ta participate in the pafocmance of conffacts finaaced in whole or in part with Federal funds uuder this agrcement Consequently, the MBE requirem«�ts of 49 CFR Part 23 apply to this agreement The recipient or its contractor agrees to ensure that minority business enteiprises as defined in 49 CFR Part 23 have the maximum ty to participate in the performance of contracu and subcontracts financed in whole or in part with Federal fun p under this agreemenL In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maxitnum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminace on the basis of race, wior, nadonal origin, or sex in the award and performance of AOT-assisted contracu. OR(G1NAL Council File # OQ —3$$ Green Sheet # 104613 Presented By: Referred To: Commitcee: Date: �3 1 2 WI�REAS the City of Saint Paul Police Department has received a S50 000 Safe and Sober Grant from the 3 4 5 G 7 S 9 10 ii 1Z 13 14 15 > > Minnesota Department of Public Safety for the period October 1,1999 through September 30, 2000, and WFIEREAS, this grant was accepted by the City Council November 17,1999 (Council Fite #99-1125); and WFIEREAS, this grant is to be used for additionat police traffic patrol on spec�c dates and for laser/radar equipment necessary for traffic patrol; and WHEREAS, the Police Department needs to establish a spending and fmancing plan for the remaining Safe and Sober grant funds to be used in 2000; and WHEREAS, The Mayor pursuant to Section l0.OZ1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds in excess of $38,038 of those estimated in the 2000 budget; and 1G WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: 17 18 19 20 21 FINANCING PLAN: 22 001 - General Rund 23 24 25 26 27 28 29 30 31 32 33 34 04100 - Operations 3199-40057 - Other Federal Direct Grants-State Sl'ENDING PLAN: 001 - General Fund 04100 - Operations 0141 - Overtime OA39 - Fringe Benefits CURRENT AMENDED BUDGET CI7,ANGES BUDGET 38,038 38,035 902,032 32,960 934,992 6,494,278 5,078 6,A9),356 > > > > , 35 36 37 THEREFORE BE IT RESOLVED, that the City Council approvea the changes to the 2000 budget. 38 Requested by Department of: Polic By: Ap,�o;al Recomm ded by Budget Director: Adopted by Council:Date: ��„ _��, � r� a`� � Adoption Certified by Council S y: �� BY� �a- . 1--4.�,_,�_ Approved by Mayor:Date: 3 �� BY� �i���h'o0/ RESOLUTION CITY OF SAINT PAIJL, MINNESOTA Form sy: CounciL By: Safe&Sobeccr 00 � DEPARTPAENT/OFPICElCOUNCIL DA7E INITIA7ED PoliceDepartment 3/30/00 GREEN SHEET rvo. 104613 � CONiA PERSON & PHONE MfOAUOA7E INRIAUDATE C1uefFinIIey 292 "� � � OEPARTMQRDIRE4TOR 5 crtrcouxu� t MUST BE ON COISMCIL AGENDA BY (DA7E) � ' OO �� $J Please process ASAP 3�rA„o�r ❑CITYCLERK �FPW�CUaLSERVICE501 �FPLWGUILSERV/ACCTG ;t'�c °°:�? �Q�� �MAYOR�ORASSISTANT) ❑HUMANFIGHTS '-_::,�.r'�#�� TOTAL # OF SiGNATURE PAGES 1 (CLfP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolurion establishing a 2000 spending and financing plan for the Safe and Sober Grant. RECOMMENDATION Approve (A) o[ RejeCt (R) PERSONAL SERVICE C�NTRACTS MUST ANSWER THE POLIOWING QUESTl�NS: 1 Has ihis person/firm everworked under a coniract for this department? PIANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/frm ever been a ciry employee? CIVIL SERVICE COMMISSION YES No 3 Does this personffrtn possess a skill not normally possessetl by any current cRy employee� YES NO 4 Is this persoNfirm a tergeted vendoY? YES NO Explam all yes answers on separate sheet and attach to green sheet INI7IATING PROBLEM ISSUE, OPPOR7UNITY (WHO, WHAT, WHEN, WHERE, WHYJ The State of 1Vfinnesota Department of Public Safety awarded a$50,000 Safe and Sober grant to the Saint Paul Police Departrnent for traffic control October 1, 1999 through September 30, 2000. The City Council accepted this grant on November 17, 1999 (Council File �99-1125). A spending and financing plan needs to be established for the remaining Safe and 5ober grant funds to be used in 2000. (Attached is a copy of the grant. ) AWANTAGES 1F APPROVED Increased traffic patrol on specific dates. DISADVANTAGESIFAPPROVED None. DiSADVANTAGES IF NOT APPROVED Loss of grant funding for inereased traffic patrol. '� .L�^ ��SP,�t��? �Q�f�� e>'��'� .� c� ��+�U TOTAL AMOUNT OF TRANSACTION $ 38,038 COST/REVENUE BUDGETED (CIRC4E ONE) YES NO FUNDWG SOURCE $t3t0 Of iVIN p0p3LCR10Ilt Of PI1b11C $dfeL}' ACiNITY NUMBER �4100 FINANCIAL MFORMATION (EXPLAIN) Safe&Sober gs.00 ORl�I�JAL GBANT AGBEEMENT BETVV�EEEN 1'� NIINNESOTA DEPAIiTMENT OF PIIBLIC SAFETY Q b.3 �,5 APiD THE ST. PAIIL POLICE DEPABTMENT/'IRAFFIC DIVISION Federal Funds pmvided under U. S. Depanment af Transportation's State and Communixy Highway Safety Pnogam, Federal Catalog Number 20.600. �r °r.v.g_��", ., ax...c-��...r,�v �%:3':�i,�:m �6;%"�?"�'?�%X".tii:":na• c � .l�i,'i.`���r.��;y.,-�°� sv///i` �F'ff'^R �""r�' 9..$:0".'%' x'. 'ai ��:)� ii '.� ffl' o;N.l�� �,°m:ok� ..�'7i"i.;`.�f'%^%��.✓„/;°„/,,,�;a.^a`.:!�„<:.,�::+:';. i<��' j�=�� % K knC . ;,�?;,.�,.. ..;F 'N.3'..^,..;:....�;r: 'q% �^ � un`��U..C�.u.'�/'d��i' :(..:�,�' , l�Hx�.�:m 2?i;�:: 4 ,.: :.,.>; . u �. . , ....>. : �- . �,:�z..�; �:.n..^on.ia`.�'�i,ni?.lr��.�i n ,�...,fi:p/.c:�siysY.o>a>:.i...,:.;;a„>'. ...,:..o ...:.......:...�...,..H,.,.:.,,.._..:.,......,.,,::...,. � i } ` } : �' c �' LUfJ�i . Order: �� (� j� `— O � � ' - Number/Date/Signature - � " � ----.`..' (Indivulual signing certif:es thatfu�uls have been encumbered as required byMinn. Stat. 16A.15 and 16C.05.) NOTICE TO GRAN1'EE: You arc ra�uired by Minoada Statidu, Sedion 270.66 W provide yarc +ocia� sewrdy cumlxr a Fedenl employar taz identi6mt+m numbtt and Minneaata taz ide�iEcatim numbrr'ff you do bisioeas wiUi ihc S1We af Mimnota 'i}�ia mfo�mstim may be used ia the enfaremeot of fedael md etate taY laws. Supplyingil�se nua�6tts cauldreauk iu adion W requin }rou to 5k tlete Wctetume aod WY ��N� atate tas liabilitin. 'R�ia conhact will not be aoaroved unless these numbeis are wovided TLese numbas aill 6e avaiLble W federd aad zlate hx avihorilia aod rtate pexsaooel 'mvdved in appro�'io8 the oon4ac[ md tbe payaunt of atafe obliy�tiaos. Grantee Name aad Addresx SL Paul Polic� Deptarment/Tr�c Division 100 East 11 Street St Paul, MN SS101 Soc.Sec.orFedaalPmployalD.No.416003321 M�wfaTaxLD.No.(?fapplicabk)0080250956 THIS PAGE OF THE CONTRACT CONTAINSPRIYATEINFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NaT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMI5SION OF TI3E CONTRACTOR If you circulate this contract internally, only o�ces that require access to the tar identification mrmber AND all individuals/o�ces signing this coniract should have access to ihis page. cn000sz-0c �ov�-ss> Minnesota Snje & Sober Grant Public Safdy/1'nffic Safrty «Agency» Yrocessing Lsformation (Some entries maY � aPP 'sition: —3 U ' ,� � �f rGi �r �tx> � � � � �{ NumberlDateJEntry Inl�t�als 00 -��rs The pazties to this ageement aze the ]kpanment of Public Safety of the Staie of Minnesota hereinafter referred to as "Public Safet};" and the 5t Paal Potice Denartment/1'raf£c Division . address 100 East 11"' Street, SL paal. MN 55101 , hereinafter referred to as the "Crrantee." WFIEREAS, pursuant to M'innesota StaWtes 4.075, Public Safety Las been designated as the aPP=oPriate agency to receive, allacate and disbu�e federal monies provided under the National Aighway Safety Act of 1966 (Public Law 89-564) as amended, and: Wf�REAS, Public Safety Las a Highway Safety project entifled Safe & Sober Communides , number 00-02-03 funded under tLis law, and: WFIEREAS, the Grantee is authorized pucsuant to Minnesoh Statutes 4.075 to receive such fuads as may be available for such pucposes and has obtained a resolutian autharizing the gant fmm their city council or county board of commis.goners (the resolution is E�dubit I, which is hereby incorpocated by reference and made a part af this agceement); Now, the:efore, the pazties agrce as follows: 1. Terms of Grant A2reement Ttus gant ageement shall be effective on October 1, 1999 , or upoa the date that the final required siguature is obtained by Pubtic Safeiy, pursuant to Minnesota Statute 16C.05, Subdivision 2, wluchever occurs later, and shall remain in effect until September 30 . 2000 , or until all obligafions set forth in this grant ageement Lave been sa6sfactorily fulfilled, wluchever occurs first. The GRANTEE understands that NO work ahoWd begin under this Grant untit ALL required signatures have been obtaiued and GAANTEE is norified to begin work by Public 5afety's Authorized Representative. 2. Grantee's Dulie.r The Grantee will participate in the Safe & Sober campaign, a program which seeks to increase compliance with traffic safety laws, with emphasis on driving while impaired and passenger protection by enhanced enforcement of those laws coupled with educaflon and media relations. The two-pronged approach is designed to increase the public's percepflon of the likelihood of suffering negative consequences if they fail to comply. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task A,b�i� s,rayir�� s�t'�r Page 1 00 -� �-s samrdays inciude,�Q w aawn oa sundays. Pazticipation is de5ned as: A Scheduling aad co�Cting appropmately 174 Lwrs of addifional (that is, �t re8�az13' schedulecn traffic paitol diuing the ficst, foutth, Sfth, and seventh Safe & Sober enfoicement periads and appm�matety 58 haus of additionat traffic patrol the seoond, tltird, and sixth Safe & Sober enforcemeat periods. g_ Scheduling and conducting appmbmately 0 houts of additional traffic patrol outside of the seven Safe & Sober enforcement periads. C. These traffic patrols will be conducted using only those afficecs whom Public SafetY aPFmves as eligible. E]igibility is defined as completion of Oaupant Protection Usage and Enforcement (OPDE) and Standardized Field Sobriety Testing (SFS'I) courses for agencies participating for a fust yeaz in the grant program and those courscx, as well as Advanced SFST: Dmgs T7iat Impair, for age�ies participating for a second or subsequent year in the grant program. D. Scheduling and conducting infoimal seat belt surveys after each en}ianced enforcement period. In addition, a informal seat belt smvey will be required before the November wave of enforcement to establish a baseline for the community. E. Informing the media of the Safe & Sober program and keeping them apprised of res�ilts and focus issues. Through the media and other ouflets as decided by the Grantee, informing the public of the progaw and focus issues. F. Submitting a written plan for the enforcement and publidmedia relations before each wave by November 17, 1499; Febcuary 10, 2000; March 8, 2000; April 26, 2000; 7une 20, 2000; July 21, 2000 and August 14, 2000 on a form provided by Public Safety. G. Submitting a writtea report on the enfoicement and publiclmedia relations xesuks of each wave on 7anuaty 8, Febmary 28, March 28, June 10, July 14, August 5, and September 16 (all in 2000) on a fotm providedbyPublic Safety. H. Submitting a Snal written report su��ri� f� resnlu af all seven waves, and de.scribin8 Pro� made Wwards reaching each objective and the special project undertaken (if any) no later tlian November 15, 2000. The final report sLall be submitted at the same time as the final claim for reimbursement I. Striving to achieve ? contacts (vehicle stops) per hour of additional enforcement, Lalf (SO°Jo) of which result in a citation and one/5fth (20%) of wluch relate to seat belts or cLild seat citations or wamings. Arrests where a person is removed from the vetucle and taken into custady are considered the equivalent of four velucle stops in the sevencounty metropolitan area and siac velricle atops in the eightycounty geater Minnesota area. J. Striving to inccease DWI arrests iry io Fe=cenc (rrom zoo w 2zo . K. If applicabte, (when the grantee is the lead agency in a grant covering fwo or more enforcemenf agencies); summarize the plans, teports, and inwices for the N!A enforcement agencies into a angle plan, report, and invoice for each wave of the program and submit it w Public Safety. (Chief enfozcement officers from each agency oovered by tk�is gant ageement must sign this agreement — see siSnature PaBe•) CD00032-06 (9-9-99) Minnesoa Saje & Sober Grant, Task r�t��� s,r�yirna� s.r�cy Page 2 00 -�trs L. Contact the Air Bag SafetyBudde Up America Campaign to receive materials related to the pmgrem to mobilize America to buckle up kids. 3. Terms for Reim6nrsement A Public Saf�y shall reimburse the Grantee up m a of S 50.000.00 for fhe �sts incuired by the Gtantee in performing tLe tasks in Sedion 2 of this ageemeni 17�is reimbursement will be made fmm fuuds made available tluough the FTighway Saf�y Act of 1966 (Public Law 89-564) and ameudments the�to. T'he Grantee shall be reimb�sed only for those oosts that the budgei in Section 4., af this a�ce�t specifies w be reimbursable co�s. In addition, Public Safety will reimburse the Grantee only for such of these oosts tLat Public Safety, in its sole di�ion, considers to be reasonable and consistent with the cost figures that are in Sedion 4 af tlus agrcement B. Public Safety shall Leimburse the Grentee only after cosGS are incurred and paid by the Grantee. Claims for reimbursement sLall be submitted by the Grantee on fomvs provided by Public Safety. Claims for reimbwsement may be submitted as often as monthly, a claim must be submittcd within two months of the end of each Safe & Sober wave. Final claims shall be submitted by I�Iovember 15. 2000. The final claim sliall be accompanied by the final report. C. All claims for reimbursement shall be supported by wiitten documeniation including receipts, invoices, travel vouchers, and project Ume reports. A signed Iiighway Safety Equipment Record card (form DPS 7304) for each piece o£ equipment costing S5,000.00 ot more must be submitted with the claim for reimbursement before payment can be made. A. Reimbursement for costs will not be paid on any encumbrance made by the Grantee prior to October 1, 1999 (or prior to the date ffiat the last signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subd. 2, whichever oavrs later) or after September 30. 2000 ,unless requested in writing by the project director (or a successor) who signed this ageement on behalf of the Grantee and if approved by Public 5afety's Office of Traffic Safety, resulting in an amendment W this agrcement E. The Grantee shall not be reimbursed for eapense incurred for work found by Public Safery to be unsatisfactory oc perfocmed in violarion of federal or state laws and regulations. F. This gant agrcement is oontingent upon the State of Minttesota and Public Safety's receiving funds u�er the Highway Safety Act of 1966 {Public Law 89-564), as amended, for the purposes of reimbucsing the GcanteE for the cosss set focth herein. If for any reason the State of Minnesota or Public Safety is prolu'bited in any way from using such funds to reimburse the Grantee for azty of the costs set forth heiein, then Uris agreement shall be null and void and the State of Mianesob and Public Safety shall Lave no direct nor indirect obligation to reimburse the Grantee. CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task Public &fdy�l'�c Safdy Page 3 pp . 3d'-S d. Annroved Bud2et The budg� to be reimbursabie from federa1402 funds for Utis Saje & Sober project is approved as follows: Item B�omment Houts and Fringe Benefits Administrative Hours and Fringe Benefits Equ,Pmenx (spe�so e�uiPmenc tistea) Operating Vehicies (per mile basis) Conferen�ings Ttavel, I.adging and Per Diem Purchase af Inoentives or MateiiaLs TOTAL 5. General Provisions of Grant A. Additional Enforcement Amaunt 542,500.00 S2,500.00 S5,000.00 50.00 50.00 50.00 550,000.00 a) Public Safery sl�ail reimburse the Grantee only for the actual hours worked on the tasks and for other eligible costs only if they are actually incurred in performing the tasks. Personnel costs shall be reimbursed on the basis of hourly salary rate(s) tLat Lave been verified and appmved by Public Safety. A first list of hourly salary and fringe benefit tates of eligible oflicers must be received by Public Safety na latec than November 17, 1999. Changes in salary and fringe rates and eligible officeis as they oocur in the warkplace are subject to approval by Public Safety on a continuing basis until the end of the gant ageemenk b) Reimbuisement will be for adual overtime houis worked and for actual fringe benefits paid on those homs. Any alternate plan for cLtiming disect ]abor and related fringe costs must be submitted to and approvefl by Public Safety before the grent begins. B. Travel The Grautee may be reimbursed for travel and subsistence expenses in accordance with, but nrn m exce,ed, the current Commissioners' Travel Plan, and the budget in 5ection 4., of tLis ageement The Grantee sLall not be reimbursed for travel and subsistence incumed outside the state of Minnesota unless it l�as received prior written approval for each such vip from Public Safety. C. ui ment a) Purcbase of equipment or secvices by the Grantee shall comply with all pmcurement procedures and laws Uiat apply to the Grantee's p�u+cbase of similar equipment or services in the perforniance of its duties other than its dudes under this ag�eement b) Any equipment purcha.sed under this agreement shall be used primarily for traffic safety pucposes during the life of the equipment. The Grantee may not deviate from this requirement, and may not dispose of any equipment unless it has first obtained written pemrission from Public Safety. CD00032-06 (9-9-99) Minnesota Saje & Sober Gtant, Task Pubtic Safdy(ha6c sddy Page 4 oo-aFs c) TLe Cnantee sLall be responsffile for all opecating maintenance, a� m,pair costs of equipment putcLased under this agtaement unless othetwise specified TiUe to equipment acquired under this ag�cement will vest upon the grantee. ► ��_l�r �Y Indicect costs sLall nat be reimbursed under tLis agreement E. Reoords axid Documentation a) TLe Giantee shall be responsbie for kceping records that fiilly disclose the amount and disposiflon of funds and the Wtal cost of the pmgrams or projaxs for which the funds are provided. The accounting pmcedures utilized by the Grantee shall gmvide for the ac�;urate and timely rernrding of the receipt of funds and eapenditures. b) The books, records, davmentc, and accounting procedures and practices of the Grantee relevant to this agreement aze subject to examination by Public Safety, by either the legislative auditor or state auditor as appropriate, and by the federal government for a minimum of six years from the end date of this ageement c) Grentee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audit Act of 1984 (Public Law 98- 502) and Office of Management and Budget Cirailaz A-133. E�u'bit II, Federal Audit Reauirements, is binding upon the Grantee and is hereby incorporated by reference. d) tlll aocounts and reoords shall be retained by the Grantee for a period of six years after completion of the fsnal audit or until all litigaflon, claims, or audit findings involving the rewrds liave been resolved, whichever is later. F. Ownersttin of Docvmenfs All repotts, studies, photograpLs, negatives, or other daaunents prepared by the Grantee in the pedorn�ance of its obligafion under this agreEment shall be the exclusive pmperty of Public Safety. The Grantee may continue to use the materials W pmmote Irighway safety, but may not sell or offer for sate any dacuments developed under this agraement, unless a plan m cecard such sales and make the ptoc�eeds available for traffic safety pucposes is approved by Public Safety. G. Amendments a) Any amendments to this agreement shall be in wnting. b) Minor cLanges in the tasks and budget in Section 2., of this ageement may be made if requested in writing by the project director (or a successor) on behalf of the Grantee and if approved in writing by Public Safety's Office of Traffec Safety. Changes requiring the approval of the U.S. Depaxtment of Transportation or resulting in reimbursement claims in excess of S50.000.00 are not minor changes. CD00032-06 (9A 99) Minnesota Saje & Sober Grant, Task wbGc s.rayrrrnau s.tdy Page 5 aa-3�S � ��� a) Wf�en Public Safety finds that there has been a failure to compty with the provision of this agreement or with the grovisions of Eadubits II or III, or that the pucposes for the funds Lave not been, or will not be fulfilled, natwithstanding any other pravisions of ttris ag�ement to the contrary, Public Safery may take such action as it deems necessary and BPProP� to pmtect the interest of the State of Min�sota, i�luding the iefusal to disbuise additional funds and requiring the repayment of any fands already disbucced. b) This agreement may be canceled hy Public Safety with or withoux cause, upon ten (10) days written norice to the other party. In the event of such a cancellation the Gcantee shall be entifled to reimbursement for eapenses incurrefl for wozk or seivices satisfactority performed on the tasks up to the date of r�ancellation. I. L��ri 1, As permiUed by law, the Grantee sUall retain any and all liabiliry, and ag�es to indemnify, save, and hold Public Safeiy, its agents, and employees harn�less from any and all claims or causes of action arising from the perfom�ance of this agreement by Gcantee or Grantee's agents or employees. TLis clause shall not be constcued to bar any legal remedies Grantee may liave for Public Safety's failure to fulfiil its obligations pursuant to tlris ageement J. Miscellaneous Tlris agreement sLall be subject to all applicable federal and state statutes and regulations, including, but not limited w, the following: a) Section 504 of the ReLabilitatian Ad of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to LandipPP� P��ns. b} 49 CFR Part 23 - Paxricipation by minority business enterprises in Department of Transportation Pcogcams; 44 CFRPart 29 SubpartF - The Drug Free Workplace Ad of 1988; 23 U.S.C.101 Note and A1 U.S.C.lOa - Buy America Ad; and 44 CFR Part 29 - Cectification Regarding Debazment and Suspension These provisions aze addmssed in Exhibit III, which is hereby incocporated by reference and made a part of tLis agreement (see Eaddbit II�. c) Tifle VI of the Civil Rights Act of 1964, as amended. � Also, by signing this agreement, the Giantee certifies ttiat the Grante� lias a current safety belY use policy. Public Safety's authorized agent for the pucposes of administration of this contract is Tina Folch, state program adminisaator of the Office of Traffic Safety or her successor on staff. CI700032-06 (9-9�99) Minnesota Saje & Sober Grant, Task r�br� s.rdrrrr.�o s.c�r Page 6 00 -3rrS IN WITNFSS WHII2EOF, the pazties have caused this agreement to be duty executed intending to be bound thereby. F.[�iZ�i4�1�7 1. GRANTES GRANTEE cali5atluttbe appiop�iafe Pason(s) have executed the Gnat Co�act onbeLalf oftbe GRANTEE u ieqaixedby applicsble artides, bydawe,zesol�diio�, « ardimacea � BY� Tifle: C� i L L� �' ��- Date: l� � 2 � ( � �I _— $Y� TiUe: Date: 2. COMA�IISSIONER OF PUBLIC SAFETY Delegated to: /�1�lT� �Ii✓K/ $�.; V �,.. TiUe: / %✓P Z sQ Date: ( –al 00 CD00032-06 (9-9-99) Minnesota Saje & Sober Grant, Task ruw;o ssedyrc�� sat'ety Page 7 ORiGINAL presentcd By: �YHEREAS, The Ma}'or recommends that the follo��mg e . Refcrrcd To: 1 2�VHEREAS, thc City oi Saint Paul Policc Department has reccived a 550,000 Safc and Sobcr Grant from t c 3 Minnesota Department of PuUlic Safet}� for the period October 1,1999 through SeptemUer 30, 2000, and 4 5�VHEItEAS, this granf is to be used for additional police traff'ic patroi on specific dates and for laser/ra ar G equipment necessary for tratTic patrol; and � 7 8 NHEREAS, thc police dcpartment needs to establish a spending and financing plxn for the SaPc and So. cr 9 grant funds spent and received in 1999; and 10 11 �YHEREAS, The hSayor pursuant to SceCron 10.07.1 of the Chartcr of the Ci[p of Saint Paut, docs ccrtif�' t at 12 there are avaiiable for appropriatSon funds in eacess of 513,500 of those estimated in thc 1999 buJgct; and 13 ddition be made to the 1999 bud�et: ]4 IS iG 17 18 19 20 21 22 23 2-1 25 2G 27 2S 29 30 31 3? 33 3� 3= 36 37 CURRENT BUDGET CHA.�GES FINANC_ INGPLAN' 001- Gcncral Fund 0�10� - Operations 3199-00057 - Other Fedcral Direct Grants-State CummittccDatc: 13,5�0 13,�OU �� � 1 SPEND p�!v� 001 - Gencra4 Fund OAI�O - Operations 7,300 7,300 0141- Overtime 1,200 1,20U 0439 - Fringe Benefits _ 5,000 5,000 p848-40057 - Other-Speciatized Equipment _ ,�u �' THEREFORE BE IT RESOLVED, that thc City Council aceept thi9 grant award i� thc amount of 550,000 for of Publ c Safeh; and approves the hanges to 1499 6udg into an agreement »'ith the Dtinnesota Department Requcsted h�� Dcp�nrtment of: B�': Adopted b�' CounciL•Datc: --{� �'-] ��5y Ad�ptinn CeRified b}' Council Secretan': ��: �ppr � �� L��� 00 -3 �S � Council Fite # �q � l \ e1.5 GreenSheet# I64528 RESOLUTION CITY OF SAI\T PAUL, 1VIINNE50TA Approval Recommended,bc Budge[ Director: i Bi•: ' r Form ro ed b�� Cit� �t �p: - B �': e���n.ed i� 1! a�'or R �r Submissiun to Council: � A�iEf�`DED BUDGE7 0 0 -�i'S Fxhihit �t 9-1-99 Page 1 of 2 FEDERAL AUDR REQUIREMENTS 1. For subrecipients who are state (inctudes fndian tribes) or {ocal govemments If the grantee expends total direct and indirect Sederal assistance of: *` Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a Sinanciai and compliance audit made i� accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of The grantee govemment, it may cover departments, agencies or establishments that received, e�cQended, or othervvise administered federal financial assistance during the year. Audits shali be made annually unless the State or local govemment has, by January 1,1987, a constitutional or statutory requirement for less frequent auclits. For those govemments, the cognizant agency shall permft biennial audits, covering both years, 'rf the govemment so requests. It shail also honor requests for biennial audits by govemments that have an administrative policy calling for audits less frequent than annual, but only for fiscai years beginning before January 1, 1987. , 2. For subrecipients who are Institutions of higher education, hospitais, or other nonprofit organizations if the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and comptiance audit made in accordance with OMB Circular A-133. The audit must be an organ'ization wide audit, uniess it is a coordinated audit in aarordance wdh OMB Circutar A-i33. However, when the $300,000 or more was expended under oniy one program, the subrecipient may have an audii of that one program. Audits shail usually be made annualry, but not iess NequenUy than every two years. -� 3. Ali aud'ds shatl be made by an independent aud'sfor. M 9ndePendent auditor is a state o� _ locaf govemment audifw or a pubiic accountant who meets the independence standards specffied in ifia General Accounting Office's Standards for Aud'R of Go'vemmental Qraanizations Proarams Activities. and Functions. 4. Audit reports shatt state that the aud'R was peAOrmed ln axordance with the provisions of OMB Ciroular A-133 as applicable. The repoRing requtrements for audit reports shall be in accordance with the American InsGtute of Certif(ed Public Accounts' (AICPA) Stateme�t on Aud'Ring Standards (SAS) 58, "Reports on AudRed Financial Statements' or SAS 62, 'Special Reports: as applicabie. �n�bic n oc 3 �'S' s-�-ss Page2of2 The reporting requirements for audit reports on compliance and intemai controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Applicable to Govemmental Entities and Other Recipients of Govemmentai Financial Assistance' and Statement of Position (SOP) 89-6, 'Audftors' Reports in Audits of State and Local Govemmental Units ' In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, inciuding a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. if Corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, .and any independent auditor designated by the grantor shali have such access to grantee's records and fi�a�cial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federai financial assistance from subrecipients are also required to comply with the Singla Audit Act aad the OMB Circular A-133, as applicable. 7. The gcantee agrees to retain documentation to support the schedule of federai assistance. 8. Required audit reports must ba filed with the Office of the State Auditor, Single Audit Division and with the Department of Pubiic Safety, within 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department ot Pub4ic Safety's audit repod should be addressed to: Min�esota Departmeat of Public Safety Otiice of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St Paui, MN 551 01-51 26 9. RecipieMs_expending more than $300.000 in federat funds are to submit one copy of the audit report w'sthin 30 days aSter issuance to the cleartnghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefterson. Indiana 47132 Attn: Single Audit Clearinghouse 6chibit III Page I of 3 oa-s�S CERTIFICATIONS AND ASSLTRANCES DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART Fl In accordance with the Drug-Free Workplace Act of 1988 (49 CFT2 Pazt 29 Subpart F), ffie State will provide a dtug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controiled substance is prohibited in the gantee s workplace and specifying the acuons that will be taken against employees for violation of such prohibiUOn; b) Establishing a drug-free awazeness program to infottn employees about: 1) The dangers of d�ug abuse in the workplace; 2) The grantee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance pcograms; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requireme�t that each employee engaged in the performance of ihe grant be given a copy of the statement requited 6y pazagraph (aj; ' d) Notifying the etnployee in the statement required by pazagraph (a) that, as a condition of employment under the grant, the employee wil! -- 1) Abide by the terms of the statement; and • 2) Notify the employer of any criminal drug statute conviction for a violation occucring in the workplace no later than five days afrer such convicpon. e) Notifying the agency wittun ten days after receiving notice under subparagraph (d)(2) from an employee or oiherwise receiving acWal notice of such conviction. � Taldng one of the following actions, within 30 days of receiving notice under subpazagraph (d)(2). with respect to any employee who is so convicted — Lj Taldng appropriate personnel action against such an employee, up to and including termination; or Requiring such employee to pazticipate satisfactorily in a drug abuse assistance or rehabilitation prog,�am appmved for such pucposes by a Pedacal, State, or local health, law enforcemenG or other appropriate agencY• • 2) p� Maldng a good faith cffort to cominue w maintain a dm8-fi�e workplace thcouy� implementation of ParagaPt�s (a),(b)d�),<d)de). and (fl above. $(JY AMERICA ACT (23 U S C 101 NOTE AND 41 U.S.C. l0a) The State will comply with the provisions of the Buy America Act The DOT reference to the Buy America P.�t is 23 U.S.C. 101 Note and ihe Fcderal govemment-wide teference is 23 U.S.C. 10a. dn(y 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 woald be inconsistent with the public interest; thaf such materials are not reasonably available and are of an unsatisfactory qualiry; or that inclusion of domestic materials will inaease the cost of the overall project contract by moro than 25 pacon4 Clear justification for the purchase of non-domestic items must be in the form of a waiver nquest submitted to and approved by the Secretary of Transportation. Exhibit II I Page 2 of 3 0 0 -385 CERTIFTCATION REGARDING IABBYING Certification for Contracts, Grants, Loans, and CooPentive Ageements 1) No Feder,�l appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence an o�cer or employee of any agency, a Member of Congess, an officer or employee of Congess, or an employee of a Member of Congress in connecGon with ihe awazding of any Federal contracG �e maldng of any Federal gan4 the making of any Federal loan, the entering into of any cooperative agreemem, and the extension, continuation, renewal, amendment, or modificarion of any Federal contract, gcant, loan, or cooperative agreement 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempling to influence an officer or employee of any agency, a Member of Congress, an officet or ecnployee of Congress, or an employee of a Member of Congess in connection with this Federal contract, grant, Ioan, or cooperative agreement, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that ffie language of tl�is certification be included in Ihe awazd documents for ali subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a materia] represe�rtation of fact upon which reliance was placed when this transaction was made or eMered into. Submission of this certification is a preret{uisite for maldng or entering into this transaction . imposed by Secrion 1352, Tide 31, U.S. Code. Any person who fails to file the required certification shall be sub�ect to a civil penalty of not less than $10,000 and not more than $100,000 foc each such failute. CERT'IFICATION REGARDING DEBARMENT AND StJSPINSION In accordance with the provisions of 49 CFR PaR 29, the State agrees ihat it shall not knowingly entcr into anY ageement under its Highway Safety Plan with a person or entiiy that is bacred, suspe�ed, declazed ineligible, or voluntarily excluded from panc�ipation in the Section 402 program, unless otherwise authorized by NHTSA. The State further agrees that it will include the following clause and accompanying insituction, without modification, in all lower tier coveted vansacdons, as provided by 49 CER Part 29, and in all solicitations for lowcr tiet covesed uansac6ons. InstrucCions for CeRificaflon 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification sct out bdow. 2. The cettificadon in this clause is a materiai represantation of fact upon wtuch reliance was Placed when this transaction-wac prtered into. If it is later detamined ihat the prospective lowa tier pazticiPaM know�S rendeced an aroneous ce�tification, in addifion to other remedies available to the Fedcral govein�u� -_ deparmu�nt or age�y w'sth wtuch ttus uansacflon originated may pursue available remedies, including suspc and/or debarment 3. The prospxtive lower tier participant sl�all provide immediate written notice to the person co w}uch this proposal is submitted if at azry tima the prospective lowec tier participant leams that its certification was eaoneous When submiaed or 6as become u*oneous by reason of changed circuwstances. 4. The tams "covered transaction," "dobazred,» "suspended," "ineligible," "lower tier covered lransaction," „��� «��� � .Pri�y covaed uansaction, "principal.• "proposa�. and "voluntarily excluded," as may �ntact thc person to whom U� s proposal is s b � forassistanca in btaining a copy of those regulations. 5. The prospective iowu tier participant agrees by submitting this proposal tha� should the proposed covered transaction be entered into, it shall not knowingly enter into any lower Uer covered ttansactions wtth a parso� 00 .3�.� Exhibit iil Page 3 of 3 who is debarred, suspended, declazed ineligible, o� voluntazily excluded from participation in this covered iransaction, unless authorized by the depamnent or agency with which this transactions originated. 6. The pcospective lowu tier participant fiuther agrees by submitting this proposal that it will include this clause tided "Certification Reguding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower fler covued transactions and in all solicitation for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transacaon that it is not debarred, suspended, ineligible, or voluntazily exciuded from the covered transaction, unless it knows that ffie certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not requ'ued to, check the Nonprocurement List 8. Nothing contained in the foregoing shall be construed to require establishment of a system of ruords in order to render in good faith the certification required by this clause. The lmowledge and information of a participant is not required to exceed tf�at wtuch is normaliy possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized undec paragraph 5 of these instructions, if a participant in a coveted transaction lrnowingly enters into a lower tier covered transaction with a person who is suspended, debazred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal govemment, the departntent or agency with which this ttansacdon originated may pursue available remedies, including suspension and/or debamienc Certification Regarding Debazment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of tlris proposal, that neither it nor its principals is presently debazred, suspended, proposed for debazment, declazed inehgible, or voluntarily excluded from participation in this transaction by any Federat deparhment or agency. 2. Whete tlie prospective lower tier pazticipant is unabie to certify to any of the statements in this cettification, such prospective participants shatl aaach an explanation to tlris proposal. MINORITY BUSINFSS ENTERPRISE REOiJIIZEMENTS In accordance with the provisions of 49 CFR Part 23, the State agrees to abide by the following statements, and shall ensure t8at these statements are included in all subsequent agcements and/or contracts assisted by Secfion 402 funds: It is the policy of the Deparhnent of Transportation that miaority business entaprises, as defined in 49 C�'R Part 23, shali have the mazimum oPPortunitY ta participate in the pafocmance of conffacts finaaced in whole or in part with Federal funds uuder this agrcement Consequently, the MBE requirem«�ts of 49 CFR Part 23 apply to this agreement The recipient or its contractor agrees to ensure that minority business enteiprises as defined in 49 CFR Part 23 have the maximum ty to participate in the performance of contracu and subcontracts financed in whole or in part with Federal fun p under this agreemenL In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maxitnum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminace on the basis of race, wior, nadonal origin, or sex in the award and performance of AOT-assisted contracu.