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00-711Return Co{iy To: Police Dept. Accounting ORIGINAL Presented By: Referred To: RESOLUTION OF SAIlVT PAUL, MINNESOTA Committee:Date: 1 2 WFIEREAS, the Minnesota Deparhuent of Public Safety, Alcohol and Gambling Enforcement Division, has 3 awarded a$3,000 grant to the Saint Paul Police Department for the period July 1, 2000, through June 30, 2001; and 4 5 R'HEREAS, tlus grant is for police overtime targeting adult providers of alcohol to minors; and 6 7 WHEREAS, The Mayor pursuant to Secfion 10.071 of the Charter of the City of Saint Paul, does certify that 8 there are available for appropriation funds of $3,000 in ezcess of those estimated in the 2000 budget; and 9 10 WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2$ 26 27 2S 29 30 31 32 33 34 35 36 37 3S 39 40 41 42 43 44 FINANCING PLAN: 001-General F�nd 04000-Chief's Office 3199 - Other Federal Direct Grants-State SPENDING PLAN: 001-GeneralFund 04000-Chiefs Office 0141-Overtime 0439-Fringe Benefits Council File # .. Green Sheet # 30 - CURRENT AMEPIDED BUDGET C'I�IANGES BUDGET 0 3,000 3,000 - r e 131,695 2,610 134,305 1,389,677 390 1,390,067 e THEREFORE BE IT RESOLVED, that the City Council accepts this grant, authorizes Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, and accepts the changes to the 2000 budget. Requested by Department of: Po ' e By: Approval Recommende Financial Services Director: tivalewu vy a.�uu�u:LU�c: a( ^ i � _a.. �. O� �vFF�'CS Adoption Certified by Counc ' ec ry: By �' - �. Appro� y yor: a' �a` Z�' � MinnDeptPUblicSffiety5300 uliPmvider � � oi. . By: Form s City Approved by Mayor for Submission to Council: a��.--� t _ _ � DEPARTMENT70FFlCFJCOUNCIL DA7E IMTIATED PoliceDepariment vvoo GREEN SHEET No. 107015 _ CO TACTP ONS HONE INrt7ALIDA INrt1AVDAiE C113efFinney 292-3588 7 oeraaTretranECrox 5 eauxn. MUST BE ON CAUNCIL AGENDA BY (DATE) PleaseprocessASAP ❑3 a�vn.rownv ' ❑rnra.mK � �F1WlLI0.LSQNICFSdR� �FNAH[LILSEIN/ALCTG �WR(ORA593IAHI) , �u�wnPN'MS r.�� TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Approval of the attached council resolution authorizing the Saint Paul Police Department to accept a grant from the Minnesota Deparhment of Public 5afety, Alcohol and Crambling Enforcement Division, authorizing Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, and establishing a 2000 spending and financing plan for the grant. RECOMMENDA7ION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TME FOLLOWING OIlESTIONS: 1. Has this perso�rtn ever worked under a contrect for this department? PLANNING COMMISSION YES nl0 CIB COMMITTEE 2. Has this personffirtn ever been a city employee? CIVIL SERVICE COMMISSION YeS No 3 Does this personNrm possess a skill not nortnally possessed by any current cRy employee? YES NO 4. Is ihis perso�rm a fargeted vendof! YES NO E<plain all yes answers on separate sheet and attach to green sheet INITIATING PR08LEM ISSUE, OPPORTUfliTY (WHO, WHAT, WHEtd, WHERE, WHY) The Minnesota Departrnent of Public Safety, Alcohol and Gambling Enforcement Division, has awarded a � $3,000 grant to the Saint Paul Police Department targe6ng adult providers of alcohol to minors for the period 7uly 1, 2000 through June 20, 2001. g ��h C,g(1�.e� (Attached is a copy of the annual plan joint powers agreement.) �'� �� ADVANTAGESIFAPPROVED Ability to use grant funds awazded to reduce adult providers of alcohol to minors. DISADVANTAGESIFAPPROVED None. 1 � � D i DISADVAN7AGES IF NOT APPROVED JUL i � 20G�� Loss of grant funds. CITY ATTORNEY TOTAL AMOUNT OF TRANSACTION $ 3,000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE SY$T0 OPM1IlIICSOY3 gTBIIY ACTIVITY NUMBER 04000 FlNANCIAL INFORMATION (IXPLAIN) MinnDeptPnblicSafeTy$3000.4du1tProvidaAlcohol.gs.00 �(��U ��; Di fLS ST�TE OF NII�'ESOTA �ti�itiAL PL?��i JOI\'I' POWERS AGREEI�IENT State �ccounring Informarion: Processing Information_ (Some entries may not applv.) Requisition: RQ =9100-3= V umber $esin Date: 09-01-00 End Date: 06-30-01 00'?11 THIS JOINT POWERS AGREEbfENT, and amendments and supplements thereto (hereinafrer "ContracY'), subject to the laws oi Minnesota. is be:�veen the Sta�e of Minnesota. actins through its Department ofPublic Saferv .�.lcohol & Gamblins Enforcement Division (he: einaiter "STATE"), which is zmpowered to encer into joint powers agreements oursuant co Minn. Stat. y� 471.�9, Subd. 10, ana [he Cirv of S[. Paul. St. Paul Police Dept., address 100 East 1 I'�_ Stteet. St. Paul, ib[N (hereinafter "GOVERNMENTAL UNiT"), which is empowered to znter into joint powers aareemenu pursuant to N[inn. Stat. § d71.�9, Subd. 10: WHEREAS. the STATE is in aeed of reimbursine local iurisdictions for theiroarticiparion in a federal �ant prodrazn ro combatunderaoe drinkin�" and WHERE.4S. GOVERNMEVTAL CJNIT reoresencs thac it is duly qualiiied and willine to perform the services sec forth herein. NO�U. THEREFORE. it is ao*eed: I. A. GO V ERNVtE�ITAL [INITs DU7IES (Attach addi[io�al pa�e ifnecessary, which is incorporated by reference and made a part of this aereementJ GOVERNVtENTAL UNIT shall: . conduct indepeadent compliance checks at licensed Iiquor establishments Wichin theirjurisdiccions. . repor[ findinss back to the ST.4TE using the STATE approved reportin: form. [[. CONSiDE�:a7ION .a;.D TER;b(S OF PAYYtE�1T: A. CONSIDER4TION: Consideration for all services performed by the GOVERNNlE�ITAL Wi [T pursuant to [his Cuntract shall be Qaid by the STATE as follows: COVtPENSATIO? Comoensation in an amount no[ to exceed 53.000.00. oased on the ;ollowin_ me:hod of pavment: .oimPOwers Wrercent �ors„v.onoi.i .,m�i��E�� Oo-'1tt 2 ItEIMBURSEYtE�IT Rzimoursemeniforuave?andsubsistenceexoensesactuailyandnecessarilyincurredbq the GOVERDiMENTAL LNTT in performance oi ihis Coouact in an aznount notto exceed (None1 dollars (S 0_001: provided, tha[ ffie GOVERNi`�tiT:�L Lti IT shall be revnoursed for savel and subsisteace espenses in rhe same manner and in no a*eater amounc than provided in the cur,ent "Commissionezs P!an." promuiQaTed by .he commissioner of Emplovee Re!ations. The GOVER,\`ivIEVT.�L L•�T shail not be reimbursed for travet and suosistence expenses incurred ouside the Satz of Vlinnesota unless given prior }vrittzn anproval for suca ouc-of-scate travel from the STATE. . THE TOT?�L OBLIGATION OF THE STATE FOR �LL COMPENSATION �ND REI�IBliRSEV[ENTS TO GOVEIL�IMENTAL CNIT SHALL VOT EXCEED: Tnree Thousand Dollars and noi 100's doilars (S �.000.00). g. TERi�IS OF PAYMEi IT: iNVOICE: Paymena shali be made by the STATE promptly afrer the GOVERi�i IENTAL I3NIT's presenration of invoices for services performed and acceptance of such services by the STATE's Authorizzd Represenrative pursuanc to clause VII. Invoices shall be submitted in a form prescribed by the STATE and accordina to the following schedule: Itemized invoice and report must be filed toeether, in arrzars. and within 30 days of the period covered bv the invoice for work satisiactorily performed. Final invoice and report must be received no later an July 30, 2000. � 3. FEDERAL FIJNDS (When applicabie.) Paymeau are to be made from federal funds obtained by the STRTE chroueh Title Suvenile 7ustice & Detinauencv Przvention CFDA numoer 165�?I ofthe Deot. of7ustice Act of 1974 Sec. 26 i:L62 (Public law 93- � and amendments thereto). If at any time such funds become unavailable, this Contract shall be terminated immedia�e]y upon wrirten notice oi such fact by the STATE to the GOVERNMENTAL [INIT. In the event of such [ermination. the GOVER�IME?vTAL U'NIT shall be enticled to paqment, determined on a pro rata oasis. for services satisfactorily perTOrmed. III. TIMELINESS: The GOVERNMENTAL UNIT shall comply with all of the time requirzments described in this Contract. N. CONDITIONS OF PAYMENT: All services provided by GOV�ERDIMENTAL tNIT, pursuan[ to this Contract, shal] be performed to the satisfaction of [he STA"I�E, as determined at the sole discretion ofthe ST.3TE's Authorized Representative. and in aecordance witl� all aoplicable federal, state, and local !aws. ordina ces, rules an� resulacions. The GOVERNMEVTAL LINIT shall not recefve paymeat for work found by the STATE to be unsatisfactory, or performed in violation ot federal. state or locai law, ordinance. rule or regulation. _ V. TERMS OF CONTRACT: This Contract shall be effective on Juiv, i. 2000, or upon che date thatthe rmal reauired signarure is obtained by the STATE. pursuant to Minn. Stat_ § 16C.0�, Subd. 3. whic6ever occurs later. and shall remain in effect untii June 30. 2001 or until all oblieations set forth in this Contract have been satisfac.orily fulfiiled or the Contract has been canceled. whichever occurs flrst. The GOVERNMENTAL tJNIT shall have a con[inuin� oblieation, aftersaid Conffactperiod, to comph� with the fol(owin� provisions of Conu clauses: X. Liability: XI. State Audits: �II. Data Practices Act: YIIL Intellectual Propem Rights: XIV. Pubticirv: and XViII. Jurisdiction and Veaue. :'I3E GOVERT�lvIE�TAL UNITU;�IDERSTANDS THAT NO WORK SHOULD BEGIN ll�lDER THIS CONTRACT Ul`ITIL ALL REQUIRED S[GNATliRES HAVE BEE�I OBTAINED, A� iD THE GOVERNMEVTAL UNIT IS tiOTIF?ED TO BEGIN WORK BY THE ST,4TE�s AUTHORIZED RE°REStNTA i'NE. VI. CANCELLATION This Contract may be canceled by the ST.aTE a[ any time, with or without cause, upon thittv (30) da}�s written notice to che GOVERNMEVTAL Wi [T. In the event of �uch a canceilacion. [he GOVER\�IENT.aL UTIIT >halt be �ntitled to payment. de:ermined on a p:o rata basis, for work or ;ervices satisfactorii}� pe:iormed. V[I. STt1TE'sAUTHORIZEDREPRESEVTATIVE: TiieST,�TE's.�uthorizedReoresencati��ziorthepurposesofadministrationuf lumv Poucrs >eramc.. �DPS Vc h I.i Gamnl n¢ r"i 1 00 -�� this Contracc is Norman Pint . The GOVEIL�i ViENTAL UDiITs .authorized Represearacive forthe purposes ofadminisffation of this Conuact is Chief William Finnev. The ST?.TE's .authorized Representative shall have Tmal authoriry for acceptance of GOVERNME�iTAL IJNITs services and ii sucb services aze accepted as satisfacton�. shall so cerrify on each invoice submitted pursuant to Ciause II. paragrapu B. VIII_ ASSIGNbIEN The GOVERNME�iT�L L�IT shail not assia�. delesatz. or transfe� an}� ri�nts or ooliQations under this Conuact �virhouc �he prior wriaen consent oi che ST,�Tc. IX. �1btENDMEV TS: .�ny amendments or modifica[ions .o chis Contrnct shall be in wr:tina and snail not be erF ccive untii executed by the oarries to this Cuntract and anproved b}� all ST,�TE officiais as required bv 1.a�c. Y. LIABILITY: :I�e GOVERI�IMENT?.L U�IT >hall indemniiy, save and holdthe ST.�TE. its reoresentati�zs and employees_ harmless from any and ail claims or causes oi action. includina ail attomevs' fees incurred bv the STATE, arisin� from the performance of this Concract bv GOVER\�tENTAL L3NIT or GOVERi�SME��CAL tSNITs emplovees, aeents, or subconcrac.ors. This clause shall not be conscrued to bar any le�al remedies [he GOVERVVtE�ITAL LNIT may have for the ST�1TE's failure co fulfill iu ooliQazions pursuant to this Conuac._ XI. ST�ITEAUDITS Tyebooks,records.documensandaccouniin�proceduresandpracticesoftheGOVERN�fE�ITALL1fITand its zmoloyees, agents or subconffacLOrs relevant to this Contract shall be made available and subject to zxamination by the ST?.TE, including [he conQactine A�ency7Division, LeQislative .4uditor, and State Auditor for a minimum of six years from the end date oi this Conffact. GOVERNMENTaL LJNIT shall also comply with all federai audit requiremenu as statzd in �ttachment A., which is hereby incorporazed by reference and made a part of chis Contract. XII. DATA PR-�CTICES ACT: The GOVHR^iME�(TAL LNIT and the STATE shall be bound 6v, and comQlv wi[h, the blinnesota Da[a Practices Act as it aopiies to all data provided by the GOVERNME�ITAL iJ� iIT and the STATE in accordance with this Conttact and as it applies to all data c:eaced. Qathered, �enerared. or acquired in accordance with this Con�act. XIII. INTELLECTli 1L PROPERTY RSGHTS - State Owns InczLtectuai Prooem Rishts and Documents with a Free Licence ro che GOVERNMENTAL LNI"C A. INTE�LECTUAL PROPERTY RIGHTS: The STATE shall own all riahts �itle, anfl interest in all of the intellecrual prooer[y ri�ts. includin� copyrights. patents, aade secrets, trademarks. and service mazks in the WORKS and DOCliNIENTS. WORKS shall mean all inventions, imnrovements, discoveries (whe;her or not patentable), databases, compucer prosrams, repons. notes, srudies, photo�raphs. negatives. designs. drawings. specificazions, materials. tapes, ana disks conceived, reduced to practice, created or orieinated by the GOVERV�ME�iTAL UNIT its employees, a�enu, ardsubcontrac:ors, either individua(lv orjointly with others in the oerformance ofthis Contract. Vv"ORKS shall include "DOCUMENTS:' DOCUME�ITS are the orieina(s of any databases. computer programs, repor[s, notes. studies. photosraphs. neeatives. desians. drawings, specifications. materials. tapes. disks. or other materials. whethec' intaneible or zlectronic forms, prepared by the GOVERIVMENTAL LJNIT, its employees. aeenu, or subcontrac'COrs. in the pe:iormance of this Conttact. The DOCUMtNTS shall oe the exclusive propercy oY the STATE and al] such DOCUME�lTS shall be remirted to the STATE bv the GOVERNMENTAL LTIIT uoon completion or cancellation of this Contract. To the estent possible, those WORKS eligible for copyright protection underthe Uniczd States Copyright Act shall be deemed to be'`�vorks made for hire:' The GO VERNMENTAL U�fIT aerees to. and he: eby does, assi� all ri_ht. citte. and interest it may have in the WORSCS and the DOCliMENTS co the ST_-1TE. The GOVERNVIENT.4L CNIT shatl. az che : equest of the STATE. execute all papen and perform al! ochzr accs necessary to transfer or record the ST.�TE�> ownership mterzst fn the WORKS and DOCUME�iTS. B. OBLSGATIONS: \Q�CIFIC.�.TION �Vheneve* any inven[ion. improo�ement. or discovery• i.cnether or not pa[entable) is made or conceived for [he first nme or ac[ualty or constructively reduced to practice bv the GOV ERti MEV TAL [JNIT, :�c;udin_ its emoloyees and subcontrac:ors in the performance of[his Contract, [he GOVERNMENTAL L'i IIT ;hall immediaceiy ��ive [he ST.-1TE's .Authorized Representative «ritten notice thereot. and shall pramndy 'urnish che :�uthorized Rearesenta[ive �vith compleee information and�br disclosure [herzon. i,,,,,, rm.R:,�.�«��_,� iDPYAico�ol3 Gemohn¢ Fni 1 0 O ��, C. 3 REPRESEtiTATION: The GOVERIvMENTAL LTNIT shall perform all acts and [a.l'e all steos necessazv to easurz that all intellecmal oroperty righu in the WORKS and DOCUME� ]TS are the sole propem of the ST.aTE. and chat no C50��ERN�IE�tTr1L. UNIT employee, agenc or subconuactor rerains any interest in and to che WORKS and DOCL'VfEVTS. The GOVEIL�IME�ITAL LJNIT represenu and warranu thac the �VORTCS and DOCliMENTS do ao[ and shall not infiinoe upon any inte!lecmal properry riehu of acher oe:sons or eacities_ The GOVERtiVSEVTAL Wi IT shall indemnify, defend_ and hold harmless the STATE, at tne GOV E:L�'V(E\T.3L U�IT�s zxpense. from an}' action or ctaim brouant a�ainstthe STATE to the estentthar it is 'oaszd on a daim thai al] or pa¢ of the NORSCS or D�CUivLEii�CS infrinse upon the inteilzcmal nrooe�y *isnrs or othe:s. Thz GOVE?2.�1ME�ITAL UNIT shall be responsible for payment oi any and ail sucn ciaims. demands. ooligations. liaoiiities. msu. and damases including, but not limited to. attome��s fees. If such a ciaun or accion arises. or in �hz GOVERDtYtE�ITAL LNIT's or the STATE's ooinion is like:y co anse_ zhe GO V ER�i ViENT �L L� IT >hall. at the STATE�s discretion, eithe: procure for the STATE [he right or license to use tlte inteilecmai pronem ri�hts at issue or replace or modify the allesedly infringing WORKS or DOClib(ENTS as necess:.ry and aporopriate to obviate the infrin�ement claim. This remedy of the STATE shail be in addition to, and not exclusive of, other remedies provided by law. SGRVIVABILITY: The rishts and duties of the STATE and the GOVEIL'�iMENTAL iJNTT provided for above shall survive the zspiration or cancellacion of this Conuact. XIV. PLBLICITY: Any publicity given to the pro�am, publications, or services provided resultine from this Con¢act induding, but not limited to. notices. informationai pamnhles. press releases, research, repotts, si�s, and sunilaz public noeices prepazed by or for the GOVERNMEVTAL UNIT or iu employees individuatly orjointiy with others, or any subcontractors shafl identify che STATE as the sponsorin� asencv and shall not be released, unless such release is a specific patt of an approved work pian included in this Contcact prior to iu approvat by the STATE's Authorized Representative. XV. WORKERS' COMPEP7SATION: (When apolicable.) In accordance with the provisions of,�ilinn. Stat. C� 176.182. as amended_ the GOVER'YMENT:�L Ui`1IT sha11 provide acceptable evidence of compliance with the workers' compensation insurance coveraee requirement of Vtinn. Stat. 3 1 i6.131. Subd. 2. as amended, prior m the commencement of anv duties to be perFormed under this Conttact. XV I. ANTITRL`ST: The GO VERNMENTAL l."�iIT hereby assiQns to the State ofMinnesota any and all ctaims for overchazses as to 000ds and.�or se:vices provided in connection with this Contract resulting from antitrust vioiations that arise under the antitrust laws of the United States and the aniiffust laws of the State of Minnesota. XVII. PROMPT °AYbIEtT TO SUBCONTR:ICTORS: (When aoplicable.) GOVERNMENTAL LTNIT is reauired to pay subcontrac:ors pursuant to Minn. Stat. 3 16A.1245. XVIII. NRISDICTION A�D VEVtiE: This Conttact and executed amendments thereto, shall be eovemed by the laws ofthe State of vtinnesota. Venue for ail lesai proceedings arisina out of this Contract, or breach thereof, shall be in ihe state or federal courc wi[h compete�t jurisdiction in Ramsey County, �tinnesota. XIX. COMPI.£TE CONTRACT: This Contract and amendments and supplements, constituces the entire aoreement benveen che parties. XX. OTHER PROVIS[QVS_ Vone lamv Pm.ers Aycemem DPL 5%>iinnm s GamN�ne Fni i � IN WITDIESS WF-IEREOF, the parcies have caused tltis Contraci to be duh• zxecuced intendino to be bound therebv. �D �� APPROVED: By Tiile Date I 2. STATE AGENCY: Bv Titie Acring Director Date � �,,,,, �DPS;.�I.aM1Ul3 tiemnLne Gm 1 1. GOVERNME�ITAL LINST: GOVERI`IME�IT.aL IINIT cerrines that che aoprooriacz person(s) have execuced the Contracc on behalf oi :he GOVER,'�IMENTAL UTIIT as reauired by anolic2oie articles. ov-laws. resolutions. or ordinances. FEDE�AL AUDIT REQUIREMENTS 1. For subrecipients who are state (inc3udes Indian tribes) or tocai governments if ihe GOVE:�NMENTAL UNIT, hereinai�er "or�nte°" receives �oiGl direc: and indirec: �ede�al assis«nc2 or Attachment A � �1�, " �auai �o or in excess oi 5300.000 or more oer year. :he ar�ntee aarees co ootain a in�nciGi and comoliance 2udit m�de in 2ccordance. wi'th 'the Sing4e Audit Ac, oi 1°84 (Puolic L�w a8-�02) and the �ed°ral Office oP IVl�n�aement and budget (OMB) Circular A- �33. Tne !aw and circuiar provide �hat the audit shail cover the ancire ooeraiions of che arantee government or, at :he ootion or :he arantee aovemment. it may cover deoarments, aaencies or establishments tha� received. exoended, or oihen,vise administereti �ederal financiai assist�nce durina the yezr. Audits shall be made annu�lly unless the Staie or local aovemment h�s, by January �, �°87, a constitutional or statutory requirement �or less frequent audics. For those govemments, the cognizant agency shall permii biennial audits, covering both years. ii the covernment so requests. It shall also honor requests ior biennizi audits by aovernments that have an administrative policy calling for audits fess frequeni than annual, but only for fiscal years beginnfng beiore January 1. 1987. 2. For subrecipients wi�o are insYitutions ofi higher education, hospifals, or other nonprofit organizations If the grantes receives total direct and indirect federal assist2nca of 5300,000 or more per year, the grantee agrees to obtain a financial and compiiance audit made in accord�nce wich OM8 Circuiar A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance wiih OMB Circular A-�33. However, wnen the �300.000 or more w�s received under oniy one program. :he subrecipient may have zn audii or that one program. Audiis shall usuad,v'oe made annually, but not less freq,uently .han every two years. 3. All audits s�tiall be made by an independeni auditoc An independent auditor is a sate or local aovemment auditor or a public accountant who meeis the independenc2 standards saecified in the General Accouniing Office's Standards for Audii of Governmenial Oroanizations. Proarams. Activities, ana Functions. 4. Audit reports shall state th�t the audii was oeriormed in accordance wiih the provisions of OMB Circular A-�33 as applicable. Tne reporting reGuirements for audit repcRs shali be in accordance with the American Insiitute oi Ce��ifed Publ;c Accounts' (AICPA) Statement on Auditing Siandards (SAS) 58. "Reports on Audited Financial Sta'tements" or SAS 62, "Special Reports," as aoolicable. 7he reporting reGuirements for audit reports on compli�nce and internal controls shall be in accordance with AICPA'S SAS o3. "Comoli2nce Auditing Applicable to Govemmental Encities and Other Recipients of Governmentai Finanaal Assiscance" and St�tement oi Posrtion (SOP) 89-0, "Auditors' Reports in Audits oT State and Local Governmental U�its." In adci[ien [o [he auait report, the recioient shall provide comments on the findinas and r2commendacions in the repoR. ,nciudina a p!an �or correc.roe action taken or oianned and comments on the stztus eT corrective ac:ion taken on prior findinas. !f correc:ive acnon is not necessary a statement describina the reason i't is not snould accomoany the audit reporc. 5. The arantee �grees that the orantor. the Legislative Auditor, the StGie Auditor, and �ny independent audi'tor designated by the erantor snall have sucn access to grantee's records and financial statements as may be n2cessary for the grantor to comoly wiih �he S�nale,�udit Act and ON1B Circular A-�33, as applicable. .uin�POncrs,\¢r:cm�a� �DPS VmAol,¢('unbl�n Sntl 6 r• 6. Grantees of �ederal finzncial assistance from subrecipients are also required to comoly with the Sinale AuditAct and the OMB Circui�rA-133, as applic�ble. �O �� , The arantee agrees to re±ain documentation to support the schedule oi federal assis;ance. - 8. Required audit reports must be nled with the Office of the State Auditor, Sinale Audii Division �nd wiih �he Dep�rment oi Public Saiery, within "s0 days afterthe completion of the audit, but no later than one year afterthe end oilhe audit perioo_ The Deportm2ni or Puiaiic SGiety's audii repor[ should be addressed to: Mi�nesota Deparuneni oi Public Safeiy Ofice oT Fiscal and Administrative Services ?�? Cedar Street Suiie �26, Town Square Si. PGuI, iVIN 55101-5126 9. Recipients oi more that 5300,000 in federzl funds are to submit one copy of the audit repoRwithin 30 days after issuance to the clearinchouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn: Single Audit Clearinghouse lum� Poacrs Aercemem �DPS 4lmnoi:. - ne Em Return Co{iy To: Police Dept. Accounting ORIGINAL Presented By: Referred To: RESOLUTION OF SAIlVT PAUL, MINNESOTA Committee:Date: 1 2 WFIEREAS, the Minnesota Deparhuent of Public Safety, Alcohol and Gambling Enforcement Division, has 3 awarded a$3,000 grant to the Saint Paul Police Department for the period July 1, 2000, through June 30, 2001; and 4 5 R'HEREAS, tlus grant is for police overtime targeting adult providers of alcohol to minors; and 6 7 WHEREAS, The Mayor pursuant to Secfion 10.071 of the Charter of the City of Saint Paul, does certify that 8 there are available for appropriation funds of $3,000 in ezcess of those estimated in the 2000 budget; and 9 10 WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2$ 26 27 2S 29 30 31 32 33 34 35 36 37 3S 39 40 41 42 43 44 FINANCING PLAN: 001-General F�nd 04000-Chief's Office 3199 - Other Federal Direct Grants-State SPENDING PLAN: 001-GeneralFund 04000-Chiefs Office 0141-Overtime 0439-Fringe Benefits Council File # .. Green Sheet # 30 - CURRENT AMEPIDED BUDGET C'I�IANGES BUDGET 0 3,000 3,000 - r e 131,695 2,610 134,305 1,389,677 390 1,390,067 e THEREFORE BE IT RESOLVED, that the City Council accepts this grant, authorizes Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, and accepts the changes to the 2000 budget. Requested by Department of: Po ' e By: Approval Recommende Financial Services Director: tivalewu vy a.�uu�u:LU�c: a( ^ i � _a.. �. O� �vFF�'CS Adoption Certified by Counc ' ec ry: By �' - �. Appro� y yor: a' �a` Z�' � MinnDeptPUblicSffiety5300 uliPmvider � � oi. . By: Form s City Approved by Mayor for Submission to Council: a��.--� t _ _ � DEPARTMENT70FFlCFJCOUNCIL DA7E IMTIATED PoliceDepariment vvoo GREEN SHEET No. 107015 _ CO TACTP ONS HONE INrt7ALIDA INrt1AVDAiE C113efFinney 292-3588 7 oeraaTretranECrox 5 eauxn. MUST BE ON CAUNCIL AGENDA BY (DATE) PleaseprocessASAP ❑3 a�vn.rownv ' ❑rnra.mK � �F1WlLI0.LSQNICFSdR� �FNAH[LILSEIN/ALCTG �WR(ORA593IAHI) , �u�wnPN'MS r.�� TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Approval of the attached council resolution authorizing the Saint Paul Police Department to accept a grant from the Minnesota Deparhment of Public 5afety, Alcohol and Crambling Enforcement Division, authorizing Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, and establishing a 2000 spending and financing plan for the grant. RECOMMENDA7ION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TME FOLLOWING OIlESTIONS: 1. Has this perso�rtn ever worked under a contrect for this department? PLANNING COMMISSION YES nl0 CIB COMMITTEE 2. Has this personffirtn ever been a city employee? CIVIL SERVICE COMMISSION YeS No 3 Does this personNrm possess a skill not nortnally possessed by any current cRy employee? YES NO 4. Is ihis perso�rm a fargeted vendof! YES NO E<plain all yes answers on separate sheet and attach to green sheet INITIATING PR08LEM ISSUE, OPPORTUfliTY (WHO, WHAT, WHEtd, WHERE, WHY) The Minnesota Departrnent of Public Safety, Alcohol and Gambling Enforcement Division, has awarded a � $3,000 grant to the Saint Paul Police Department targe6ng adult providers of alcohol to minors for the period 7uly 1, 2000 through June 20, 2001. g ��h C,g(1�.e� (Attached is a copy of the annual plan joint powers agreement.) �'� �� ADVANTAGESIFAPPROVED Ability to use grant funds awazded to reduce adult providers of alcohol to minors. DISADVANTAGESIFAPPROVED None. 1 � � D i DISADVAN7AGES IF NOT APPROVED JUL i � 20G�� Loss of grant funds. CITY ATTORNEY TOTAL AMOUNT OF TRANSACTION $ 3,000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE SY$T0 OPM1IlIICSOY3 gTBIIY ACTIVITY NUMBER 04000 FlNANCIAL INFORMATION (IXPLAIN) MinnDeptPnblicSafeTy$3000.4du1tProvidaAlcohol.gs.00 �(��U ��; Di fLS ST�TE OF NII�'ESOTA �ti�itiAL PL?��i JOI\'I' POWERS AGREEI�IENT State �ccounring Informarion: Processing Information_ (Some entries may not applv.) Requisition: RQ =9100-3= V umber $esin Date: 09-01-00 End Date: 06-30-01 00'?11 THIS JOINT POWERS AGREEbfENT, and amendments and supplements thereto (hereinafrer "ContracY'), subject to the laws oi Minnesota. is be:�veen the Sta�e of Minnesota. actins through its Department ofPublic Saferv .�.lcohol & Gamblins Enforcement Division (he: einaiter "STATE"), which is zmpowered to encer into joint powers agreements oursuant co Minn. Stat. y� 471.�9, Subd. 10, ana [he Cirv of S[. Paul. St. Paul Police Dept., address 100 East 1 I'�_ Stteet. St. Paul, ib[N (hereinafter "GOVERNMENTAL UNiT"), which is empowered to znter into joint powers aareemenu pursuant to N[inn. Stat. § d71.�9, Subd. 10: WHEREAS. the STATE is in aeed of reimbursine local iurisdictions for theiroarticiparion in a federal �ant prodrazn ro combatunderaoe drinkin�" and WHERE.4S. GOVERNMEVTAL CJNIT reoresencs thac it is duly qualiiied and willine to perform the services sec forth herein. NO�U. THEREFORE. it is ao*eed: I. A. GO V ERNVtE�ITAL [INITs DU7IES (Attach addi[io�al pa�e ifnecessary, which is incorporated by reference and made a part of this aereementJ GOVERNVtENTAL UNIT shall: . conduct indepeadent compliance checks at licensed Iiquor establishments Wichin theirjurisdiccions. . repor[ findinss back to the ST.4TE using the STATE approved reportin: form. [[. CONSiDE�:a7ION .a;.D TER;b(S OF PAYYtE�1T: A. CONSIDER4TION: Consideration for all services performed by the GOVERNNlE�ITAL Wi [T pursuant to [his Cuntract shall be Qaid by the STATE as follows: COVtPENSATIO? Comoensation in an amount no[ to exceed 53.000.00. oased on the ;ollowin_ me:hod of pavment: .oimPOwers Wrercent �ors„v.onoi.i .,m�i��E�� Oo-'1tt 2 ItEIMBURSEYtE�IT Rzimoursemeniforuave?andsubsistenceexoensesactuailyandnecessarilyincurredbq the GOVERDiMENTAL LNTT in performance oi ihis Coouact in an aznount notto exceed (None1 dollars (S 0_001: provided, tha[ ffie GOVERNi`�tiT:�L Lti IT shall be revnoursed for savel and subsisteace espenses in rhe same manner and in no a*eater amounc than provided in the cur,ent "Commissionezs P!an." promuiQaTed by .he commissioner of Emplovee Re!ations. The GOVER,\`ivIEVT.�L L•�T shail not be reimbursed for travet and suosistence expenses incurred ouside the Satz of Vlinnesota unless given prior }vrittzn anproval for suca ouc-of-scate travel from the STATE. . THE TOT?�L OBLIGATION OF THE STATE FOR �LL COMPENSATION �ND REI�IBliRSEV[ENTS TO GOVEIL�IMENTAL CNIT SHALL VOT EXCEED: Tnree Thousand Dollars and noi 100's doilars (S �.000.00). g. TERi�IS OF PAYMEi IT: iNVOICE: Paymena shali be made by the STATE promptly afrer the GOVERi�i IENTAL I3NIT's presenration of invoices for services performed and acceptance of such services by the STATE's Authorizzd Represenrative pursuanc to clause VII. Invoices shall be submitted in a form prescribed by the STATE and accordina to the following schedule: Itemized invoice and report must be filed toeether, in arrzars. and within 30 days of the period covered bv the invoice for work satisiactorily performed. Final invoice and report must be received no later an July 30, 2000. � 3. FEDERAL FIJNDS (When applicabie.) Paymeau are to be made from federal funds obtained by the STRTE chroueh Title Suvenile 7ustice & Detinauencv Przvention CFDA numoer 165�?I ofthe Deot. of7ustice Act of 1974 Sec. 26 i:L62 (Public law 93- � and amendments thereto). If at any time such funds become unavailable, this Contract shall be terminated immedia�e]y upon wrirten notice oi such fact by the STATE to the GOVERNMENTAL [INIT. In the event of such [ermination. the GOVER�IME?vTAL U'NIT shall be enticled to paqment, determined on a pro rata oasis. for services satisfactorily perTOrmed. III. TIMELINESS: The GOVERNMENTAL UNIT shall comply with all of the time requirzments described in this Contract. N. CONDITIONS OF PAYMENT: All services provided by GOV�ERDIMENTAL tNIT, pursuan[ to this Contract, shal] be performed to the satisfaction of [he STA"I�E, as determined at the sole discretion ofthe ST.3TE's Authorized Representative. and in aecordance witl� all aoplicable federal, state, and local !aws. ordina ces, rules an� resulacions. The GOVERNMEVTAL LINIT shall not recefve paymeat for work found by the STATE to be unsatisfactory, or performed in violation ot federal. state or locai law, ordinance. rule or regulation. _ V. TERMS OF CONTRACT: This Contract shall be effective on Juiv, i. 2000, or upon che date thatthe rmal reauired signarure is obtained by the STATE. pursuant to Minn. Stat_ § 16C.0�, Subd. 3. whic6ever occurs later. and shall remain in effect untii June 30. 2001 or until all oblieations set forth in this Contract have been satisfac.orily fulfiiled or the Contract has been canceled. whichever occurs flrst. The GOVERNMENTAL tJNIT shall have a con[inuin� oblieation, aftersaid Conffactperiod, to comph� with the fol(owin� provisions of Conu clauses: X. Liability: XI. State Audits: �II. Data Practices Act: YIIL Intellectual Propem Rights: XIV. Pubticirv: and XViII. Jurisdiction and Veaue. :'I3E GOVERT�lvIE�TAL UNITU;�IDERSTANDS THAT NO WORK SHOULD BEGIN ll�lDER THIS CONTRACT Ul`ITIL ALL REQUIRED S[GNATliRES HAVE BEE�I OBTAINED, A� iD THE GOVERNMEVTAL UNIT IS tiOTIF?ED TO BEGIN WORK BY THE ST,4TE�s AUTHORIZED RE°REStNTA i'NE. VI. CANCELLATION This Contract may be canceled by the ST.aTE a[ any time, with or without cause, upon thittv (30) da}�s written notice to che GOVERNMEVTAL Wi [T. In the event of �uch a canceilacion. [he GOVER\�IENT.aL UTIIT >halt be �ntitled to payment. de:ermined on a p:o rata basis, for work or ;ervices satisfactorii}� pe:iormed. V[I. STt1TE'sAUTHORIZEDREPRESEVTATIVE: TiieST,�TE's.�uthorizedReoresencati��ziorthepurposesofadministrationuf lumv Poucrs >eramc.. �DPS Vc h I.i Gamnl n¢ r"i 1 00 -�� this Contracc is Norman Pint . The GOVEIL�i ViENTAL UDiITs .authorized Represearacive forthe purposes ofadminisffation of this Conuact is Chief William Finnev. The ST?.TE's .authorized Representative shall have Tmal authoriry for acceptance of GOVERNME�iTAL IJNITs services and ii sucb services aze accepted as satisfacton�. shall so cerrify on each invoice submitted pursuant to Ciause II. paragrapu B. VIII_ ASSIGNbIEN The GOVERNME�iT�L L�IT shail not assia�. delesatz. or transfe� an}� ri�nts or ooliQations under this Conuact �virhouc �he prior wriaen consent oi che ST,�Tc. IX. �1btENDMEV TS: .�ny amendments or modifica[ions .o chis Contrnct shall be in wr:tina and snail not be erF ccive untii executed by the oarries to this Cuntract and anproved b}� all ST,�TE officiais as required bv 1.a�c. Y. LIABILITY: :I�e GOVERI�IMENT?.L U�IT >hall indemniiy, save and holdthe ST.�TE. its reoresentati�zs and employees_ harmless from any and ail claims or causes oi action. includina ail attomevs' fees incurred bv the STATE, arisin� from the performance of this Concract bv GOVER\�tENTAL L3NIT or GOVERi�SME��CAL tSNITs emplovees, aeents, or subconcrac.ors. This clause shall not be conscrued to bar any le�al remedies [he GOVERVVtE�ITAL LNIT may have for the ST�1TE's failure co fulfill iu ooliQazions pursuant to this Conuac._ XI. ST�ITEAUDITS Tyebooks,records.documensandaccouniin�proceduresandpracticesoftheGOVERN�fE�ITALL1fITand its zmoloyees, agents or subconffacLOrs relevant to this Contract shall be made available and subject to zxamination by the ST?.TE, including [he conQactine A�ency7Division, LeQislative .4uditor, and State Auditor for a minimum of six years from the end date oi this Conffact. GOVERNMENTaL LJNIT shall also comply with all federai audit requiremenu as statzd in �ttachment A., which is hereby incorporazed by reference and made a part of chis Contract. XII. DATA PR-�CTICES ACT: The GOVHR^iME�(TAL LNIT and the STATE shall be bound 6v, and comQlv wi[h, the blinnesota Da[a Practices Act as it aopiies to all data provided by the GOVERNME�ITAL iJ� iIT and the STATE in accordance with this Conttact and as it applies to all data c:eaced. Qathered, �enerared. or acquired in accordance with this Con�act. XIII. INTELLECTli 1L PROPERTY RSGHTS - State Owns InczLtectuai Prooem Rishts and Documents with a Free Licence ro che GOVERNMENTAL LNI"C A. INTE�LECTUAL PROPERTY RIGHTS: The STATE shall own all riahts �itle, anfl interest in all of the intellecrual prooer[y ri�ts. includin� copyrights. patents, aade secrets, trademarks. and service mazks in the WORKS and DOCliNIENTS. WORKS shall mean all inventions, imnrovements, discoveries (whe;her or not patentable), databases, compucer prosrams, repons. notes, srudies, photo�raphs. negatives. designs. drawings. specificazions, materials. tapes, ana disks conceived, reduced to practice, created or orieinated by the GOVERV�ME�iTAL UNIT its employees, a�enu, ardsubcontrac:ors, either individua(lv orjointly with others in the oerformance ofthis Contract. Vv"ORKS shall include "DOCUMENTS:' DOCUME�ITS are the orieina(s of any databases. computer programs, repor[s, notes. studies. photosraphs. neeatives. desians. drawings, specifications. materials. tapes. disks. or other materials. whethec' intaneible or zlectronic forms, prepared by the GOVERIVMENTAL LJNIT, its employees. aeenu, or subcontrac'COrs. in the pe:iormance of this Conttact. The DOCUMtNTS shall oe the exclusive propercy oY the STATE and al] such DOCUME�lTS shall be remirted to the STATE bv the GOVERNMENTAL LTIIT uoon completion or cancellation of this Contract. To the estent possible, those WORKS eligible for copyright protection underthe Uniczd States Copyright Act shall be deemed to be'`�vorks made for hire:' The GO VERNMENTAL U�fIT aerees to. and he: eby does, assi� all ri_ht. citte. and interest it may have in the WORSCS and the DOCliMENTS co the ST_-1TE. The GOVERNVIENT.4L CNIT shatl. az che : equest of the STATE. execute all papen and perform al! ochzr accs necessary to transfer or record the ST.�TE�> ownership mterzst fn the WORKS and DOCUME�iTS. B. OBLSGATIONS: \Q�CIFIC.�.TION �Vheneve* any inven[ion. improo�ement. or discovery• i.cnether or not pa[entable) is made or conceived for [he first nme or ac[ualty or constructively reduced to practice bv the GOV ERti MEV TAL [JNIT, :�c;udin_ its emoloyees and subcontrac:ors in the performance of[his Contract, [he GOVERNMENTAL L'i IIT ;hall immediaceiy ��ive [he ST.-1TE's .Authorized Representative «ritten notice thereot. and shall pramndy 'urnish che :�uthorized Rearesenta[ive �vith compleee information and�br disclosure [herzon. i,,,,,, rm.R:,�.�«��_,� iDPYAico�ol3 Gemohn¢ Fni 1 0 O ��, C. 3 REPRESEtiTATION: The GOVERIvMENTAL LTNIT shall perform all acts and [a.l'e all steos necessazv to easurz that all intellecmal oroperty righu in the WORKS and DOCUME� ]TS are the sole propem of the ST.aTE. and chat no C50��ERN�IE�tTr1L. UNIT employee, agenc or subconuactor rerains any interest in and to che WORKS and DOCL'VfEVTS. The GOVEIL�IME�ITAL LJNIT represenu and warranu thac the �VORTCS and DOCliMENTS do ao[ and shall not infiinoe upon any inte!lecmal properry riehu of acher oe:sons or eacities_ The GOVERtiVSEVTAL Wi IT shall indemnify, defend_ and hold harmless the STATE, at tne GOV E:L�'V(E\T.3L U�IT�s zxpense. from an}' action or ctaim brouant a�ainstthe STATE to the estentthar it is 'oaszd on a daim thai al] or pa¢ of the NORSCS or D�CUivLEii�CS infrinse upon the inteilzcmal nrooe�y *isnrs or othe:s. Thz GOVE?2.�1ME�ITAL UNIT shall be responsible for payment oi any and ail sucn ciaims. demands. ooligations. liaoiiities. msu. and damases including, but not limited to. attome��s fees. If such a ciaun or accion arises. or in �hz GOVERDtYtE�ITAL LNIT's or the STATE's ooinion is like:y co anse_ zhe GO V ER�i ViENT �L L� IT >hall. at the STATE�s discretion, eithe: procure for the STATE [he right or license to use tlte inteilecmai pronem ri�hts at issue or replace or modify the allesedly infringing WORKS or DOClib(ENTS as necess:.ry and aporopriate to obviate the infrin�ement claim. This remedy of the STATE shail be in addition to, and not exclusive of, other remedies provided by law. SGRVIVABILITY: The rishts and duties of the STATE and the GOVEIL'�iMENTAL iJNTT provided for above shall survive the zspiration or cancellacion of this Conuact. XIV. PLBLICITY: Any publicity given to the pro�am, publications, or services provided resultine from this Con¢act induding, but not limited to. notices. informationai pamnhles. press releases, research, repotts, si�s, and sunilaz public noeices prepazed by or for the GOVERNMEVTAL UNIT or iu employees individuatly orjointiy with others, or any subcontractors shafl identify che STATE as the sponsorin� asencv and shall not be released, unless such release is a specific patt of an approved work pian included in this Contcact prior to iu approvat by the STATE's Authorized Representative. XV. WORKERS' COMPEP7SATION: (When apolicable.) In accordance with the provisions of,�ilinn. Stat. C� 176.182. as amended_ the GOVER'YMENT:�L Ui`1IT sha11 provide acceptable evidence of compliance with the workers' compensation insurance coveraee requirement of Vtinn. Stat. 3 1 i6.131. Subd. 2. as amended, prior m the commencement of anv duties to be perFormed under this Conttact. XV I. ANTITRL`ST: The GO VERNMENTAL l."�iIT hereby assiQns to the State ofMinnesota any and all ctaims for overchazses as to 000ds and.�or se:vices provided in connection with this Contract resulting from antitrust vioiations that arise under the antitrust laws of the United States and the aniiffust laws of the State of Minnesota. XVII. PROMPT °AYbIEtT TO SUBCONTR:ICTORS: (When aoplicable.) GOVERNMENTAL LTNIT is reauired to pay subcontrac:ors pursuant to Minn. Stat. 3 16A.1245. XVIII. NRISDICTION A�D VEVtiE: This Conttact and executed amendments thereto, shall be eovemed by the laws ofthe State of vtinnesota. Venue for ail lesai proceedings arisina out of this Contract, or breach thereof, shall be in ihe state or federal courc wi[h compete�t jurisdiction in Ramsey County, �tinnesota. XIX. COMPI.£TE CONTRACT: This Contract and amendments and supplements, constituces the entire aoreement benveen che parties. XX. OTHER PROVIS[QVS_ Vone lamv Pm.ers Aycemem DPL 5%>iinnm s GamN�ne Fni i � IN WITDIESS WF-IEREOF, the parcies have caused tltis Contraci to be duh• zxecuced intendino to be bound therebv. �D �� APPROVED: By Tiile Date I 2. STATE AGENCY: Bv Titie Acring Director Date � �,,,,, �DPS;.�I.aM1Ul3 tiemnLne Gm 1 1. GOVERNME�ITAL LINST: GOVERI`IME�IT.aL IINIT cerrines that che aoprooriacz person(s) have execuced the Contracc on behalf oi :he GOVER,'�IMENTAL UTIIT as reauired by anolic2oie articles. ov-laws. resolutions. or ordinances. FEDE�AL AUDIT REQUIREMENTS 1. For subrecipients who are state (inc3udes Indian tribes) or tocai governments if ihe GOVE:�NMENTAL UNIT, hereinai�er "or�nte°" receives �oiGl direc: and indirec: �ede�al assis«nc2 or Attachment A � �1�, " �auai �o or in excess oi 5300.000 or more oer year. :he ar�ntee aarees co ootain a in�nciGi and comoliance 2udit m�de in 2ccordance. wi'th 'the Sing4e Audit Ac, oi 1°84 (Puolic L�w a8-�02) and the �ed°ral Office oP IVl�n�aement and budget (OMB) Circular A- �33. Tne !aw and circuiar provide �hat the audit shail cover the ancire ooeraiions of che arantee government or, at :he ootion or :he arantee aovemment. it may cover deoarments, aaencies or establishments tha� received. exoended, or oihen,vise administereti �ederal financiai assist�nce durina the yezr. Audits shall be made annu�lly unless the Staie or local aovemment h�s, by January �, �°87, a constitutional or statutory requirement �or less frequent audics. For those govemments, the cognizant agency shall permii biennial audits, covering both years. ii the covernment so requests. It shall also honor requests ior biennizi audits by aovernments that have an administrative policy calling for audits fess frequeni than annual, but only for fiscal years beginnfng beiore January 1. 1987. 2. For subrecipients wi�o are insYitutions ofi higher education, hospifals, or other nonprofit organizations If the grantes receives total direct and indirect federal assist2nca of 5300,000 or more per year, the grantee agrees to obtain a financial and compiiance audit made in accord�nce wich OM8 Circuiar A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance wiih OMB Circular A-�33. However, wnen the �300.000 or more w�s received under oniy one program. :he subrecipient may have zn audii or that one program. Audiis shall usuad,v'oe made annually, but not less freq,uently .han every two years. 3. All audits s�tiall be made by an independeni auditoc An independent auditor is a sate or local aovemment auditor or a public accountant who meeis the independenc2 standards saecified in the General Accouniing Office's Standards for Audii of Governmenial Oroanizations. Proarams. Activities, ana Functions. 4. Audit reports shall state th�t the audii was oeriormed in accordance wiih the provisions of OMB Circular A-�33 as applicable. Tne reporting reGuirements for audit repcRs shali be in accordance with the American Insiitute oi Ce��ifed Publ;c Accounts' (AICPA) Statement on Auditing Siandards (SAS) 58. "Reports on Audited Financial Sta'tements" or SAS 62, "Special Reports," as aoolicable. 7he reporting reGuirements for audit reports on compli�nce and internal controls shall be in accordance with AICPA'S SAS o3. "Comoli2nce Auditing Applicable to Govemmental Encities and Other Recipients of Governmentai Finanaal Assiscance" and St�tement oi Posrtion (SOP) 89-0, "Auditors' Reports in Audits oT State and Local Governmental U�its." In adci[ien [o [he auait report, the recioient shall provide comments on the findinas and r2commendacions in the repoR. ,nciudina a p!an �or correc.roe action taken or oianned and comments on the stztus eT corrective ac:ion taken on prior findinas. !f correc:ive acnon is not necessary a statement describina the reason i't is not snould accomoany the audit reporc. 5. The arantee �grees that the orantor. the Legislative Auditor, the StGie Auditor, and �ny independent audi'tor designated by the erantor snall have sucn access to grantee's records and financial statements as may be n2cessary for the grantor to comoly wiih �he S�nale,�udit Act and ON1B Circular A-�33, as applicable. .uin�POncrs,\¢r:cm�a� �DPS VmAol,¢('unbl�n Sntl 6 r• 6. Grantees of �ederal finzncial assistance from subrecipients are also required to comoly with the Sinale AuditAct and the OMB Circui�rA-133, as applic�ble. �O �� , The arantee agrees to re±ain documentation to support the schedule oi federal assis;ance. - 8. Required audit reports must be nled with the Office of the State Auditor, Sinale Audii Division �nd wiih �he Dep�rment oi Public Saiery, within "s0 days afterthe completion of the audit, but no later than one year afterthe end oilhe audit perioo_ The Deportm2ni or Puiaiic SGiety's audii repor[ should be addressed to: Mi�nesota Deparuneni oi Public Safeiy Ofice oT Fiscal and Administrative Services ?�? Cedar Street Suiie �26, Town Square Si. PGuI, iVIN 55101-5126 9. Recipients oi more that 5300,000 in federzl funds are to submit one copy of the audit repoRwithin 30 days after issuance to the clearinchouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn: Single Audit Clearinghouse lum� Poacrs Aercemem �DPS 4lmnoi:. - ne Em Return Co{iy To: Police Dept. Accounting ORIGINAL Presented By: Referred To: RESOLUTION OF SAIlVT PAUL, MINNESOTA Committee:Date: 1 2 WFIEREAS, the Minnesota Deparhuent of Public Safety, Alcohol and Gambling Enforcement Division, has 3 awarded a$3,000 grant to the Saint Paul Police Department for the period July 1, 2000, through June 30, 2001; and 4 5 R'HEREAS, tlus grant is for police overtime targeting adult providers of alcohol to minors; and 6 7 WHEREAS, The Mayor pursuant to Secfion 10.071 of the Charter of the City of Saint Paul, does certify that 8 there are available for appropriation funds of $3,000 in ezcess of those estimated in the 2000 budget; and 9 10 WHEREAS, The Mayor recommends that the following addition be made to the 2000 budget: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2$ 26 27 2S 29 30 31 32 33 34 35 36 37 3S 39 40 41 42 43 44 FINANCING PLAN: 001-General F�nd 04000-Chief's Office 3199 - Other Federal Direct Grants-State SPENDING PLAN: 001-GeneralFund 04000-Chiefs Office 0141-Overtime 0439-Fringe Benefits Council File # .. Green Sheet # 30 - CURRENT AMEPIDED BUDGET C'I�IANGES BUDGET 0 3,000 3,000 - r e 131,695 2,610 134,305 1,389,677 390 1,390,067 e THEREFORE BE IT RESOLVED, that the City Council accepts this grant, authorizes Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, and accepts the changes to the 2000 budget. Requested by Department of: Po ' e By: Approval Recommende Financial Services Director: tivalewu vy a.�uu�u:LU�c: a( ^ i � _a.. �. O� �vFF�'CS Adoption Certified by Counc ' ec ry: By �' - �. Appro� y yor: a' �a` Z�' � MinnDeptPUblicSffiety5300 uliPmvider � � oi. . By: Form s City Approved by Mayor for Submission to Council: a��.--� t _ _ � DEPARTMENT70FFlCFJCOUNCIL DA7E IMTIATED PoliceDepariment vvoo GREEN SHEET No. 107015 _ CO TACTP ONS HONE INrt7ALIDA INrt1AVDAiE C113efFinney 292-3588 7 oeraaTretranECrox 5 eauxn. MUST BE ON CAUNCIL AGENDA BY (DATE) PleaseprocessASAP ❑3 a�vn.rownv ' ❑rnra.mK � �F1WlLI0.LSQNICFSdR� �FNAH[LILSEIN/ALCTG �WR(ORA593IAHI) , �u�wnPN'MS r.�� TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Approval of the attached council resolution authorizing the Saint Paul Police Department to accept a grant from the Minnesota Deparhment of Public 5afety, Alcohol and Crambling Enforcement Division, authorizing Chief William Finney to enter into an agreement with the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, and establishing a 2000 spending and financing plan for the grant. RECOMMENDA7ION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TME FOLLOWING OIlESTIONS: 1. Has this perso�rtn ever worked under a contrect for this department? PLANNING COMMISSION YES nl0 CIB COMMITTEE 2. Has this personffirtn ever been a city employee? CIVIL SERVICE COMMISSION YeS No 3 Does this personNrm possess a skill not nortnally possessed by any current cRy employee? YES NO 4. Is ihis perso�rm a fargeted vendof! YES NO E<plain all yes answers on separate sheet and attach to green sheet INITIATING PR08LEM ISSUE, OPPORTUfliTY (WHO, WHAT, WHEtd, WHERE, WHY) The Minnesota Departrnent of Public Safety, Alcohol and Gambling Enforcement Division, has awarded a � $3,000 grant to the Saint Paul Police Department targe6ng adult providers of alcohol to minors for the period 7uly 1, 2000 through June 20, 2001. g ��h C,g(1�.e� (Attached is a copy of the annual plan joint powers agreement.) �'� �� ADVANTAGESIFAPPROVED Ability to use grant funds awazded to reduce adult providers of alcohol to minors. DISADVANTAGESIFAPPROVED None. 1 � � D i DISADVAN7AGES IF NOT APPROVED JUL i � 20G�� Loss of grant funds. CITY ATTORNEY TOTAL AMOUNT OF TRANSACTION $ 3,000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE SY$T0 OPM1IlIICSOY3 gTBIIY ACTIVITY NUMBER 04000 FlNANCIAL INFORMATION (IXPLAIN) MinnDeptPnblicSafeTy$3000.4du1tProvidaAlcohol.gs.00 �(��U ��; Di fLS ST�TE OF NII�'ESOTA �ti�itiAL PL?��i JOI\'I' POWERS AGREEI�IENT State �ccounring Informarion: Processing Information_ (Some entries may not applv.) Requisition: RQ =9100-3= V umber $esin Date: 09-01-00 End Date: 06-30-01 00'?11 THIS JOINT POWERS AGREEbfENT, and amendments and supplements thereto (hereinafrer "ContracY'), subject to the laws oi Minnesota. is be:�veen the Sta�e of Minnesota. actins through its Department ofPublic Saferv .�.lcohol & Gamblins Enforcement Division (he: einaiter "STATE"), which is zmpowered to encer into joint powers agreements oursuant co Minn. Stat. y� 471.�9, Subd. 10, ana [he Cirv of S[. Paul. St. Paul Police Dept., address 100 East 1 I'�_ Stteet. St. Paul, ib[N (hereinafter "GOVERNMENTAL UNiT"), which is empowered to znter into joint powers aareemenu pursuant to N[inn. Stat. § d71.�9, Subd. 10: WHEREAS. the STATE is in aeed of reimbursine local iurisdictions for theiroarticiparion in a federal �ant prodrazn ro combatunderaoe drinkin�" and WHERE.4S. GOVERNMEVTAL CJNIT reoresencs thac it is duly qualiiied and willine to perform the services sec forth herein. NO�U. THEREFORE. it is ao*eed: I. A. GO V ERNVtE�ITAL [INITs DU7IES (Attach addi[io�al pa�e ifnecessary, which is incorporated by reference and made a part of this aereementJ GOVERNVtENTAL UNIT shall: . conduct indepeadent compliance checks at licensed Iiquor establishments Wichin theirjurisdiccions. . repor[ findinss back to the ST.4TE using the STATE approved reportin: form. [[. CONSiDE�:a7ION .a;.D TER;b(S OF PAYYtE�1T: A. CONSIDER4TION: Consideration for all services performed by the GOVERNNlE�ITAL Wi [T pursuant to [his Cuntract shall be Qaid by the STATE as follows: COVtPENSATIO? Comoensation in an amount no[ to exceed 53.000.00. oased on the ;ollowin_ me:hod of pavment: .oimPOwers Wrercent �ors„v.onoi.i .,m�i��E�� Oo-'1tt 2 ItEIMBURSEYtE�IT Rzimoursemeniforuave?andsubsistenceexoensesactuailyandnecessarilyincurredbq the GOVERDiMENTAL LNTT in performance oi ihis Coouact in an aznount notto exceed (None1 dollars (S 0_001: provided, tha[ ffie GOVERNi`�tiT:�L Lti IT shall be revnoursed for savel and subsisteace espenses in rhe same manner and in no a*eater amounc than provided in the cur,ent "Commissionezs P!an." promuiQaTed by .he commissioner of Emplovee Re!ations. The GOVER,\`ivIEVT.�L L•�T shail not be reimbursed for travet and suosistence expenses incurred ouside the Satz of Vlinnesota unless given prior }vrittzn anproval for suca ouc-of-scate travel from the STATE. . THE TOT?�L OBLIGATION OF THE STATE FOR �LL COMPENSATION �ND REI�IBliRSEV[ENTS TO GOVEIL�IMENTAL CNIT SHALL VOT EXCEED: Tnree Thousand Dollars and noi 100's doilars (S �.000.00). g. TERi�IS OF PAYMEi IT: iNVOICE: Paymena shali be made by the STATE promptly afrer the GOVERi�i IENTAL I3NIT's presenration of invoices for services performed and acceptance of such services by the STATE's Authorizzd Represenrative pursuanc to clause VII. Invoices shall be submitted in a form prescribed by the STATE and accordina to the following schedule: Itemized invoice and report must be filed toeether, in arrzars. and within 30 days of the period covered bv the invoice for work satisiactorily performed. Final invoice and report must be received no later an July 30, 2000. � 3. FEDERAL FIJNDS (When applicabie.) Paymeau are to be made from federal funds obtained by the STRTE chroueh Title Suvenile 7ustice & Detinauencv Przvention CFDA numoer 165�?I ofthe Deot. of7ustice Act of 1974 Sec. 26 i:L62 (Public law 93- � and amendments thereto). If at any time such funds become unavailable, this Contract shall be terminated immedia�e]y upon wrirten notice oi such fact by the STATE to the GOVERNMENTAL [INIT. In the event of such [ermination. the GOVER�IME?vTAL U'NIT shall be enticled to paqment, determined on a pro rata oasis. for services satisfactorily perTOrmed. III. TIMELINESS: The GOVERNMENTAL UNIT shall comply with all of the time requirzments described in this Contract. N. CONDITIONS OF PAYMENT: All services provided by GOV�ERDIMENTAL tNIT, pursuan[ to this Contract, shal] be performed to the satisfaction of [he STA"I�E, as determined at the sole discretion ofthe ST.3TE's Authorized Representative. and in aecordance witl� all aoplicable federal, state, and local !aws. ordina ces, rules an� resulacions. The GOVERNMEVTAL LINIT shall not recefve paymeat for work found by the STATE to be unsatisfactory, or performed in violation ot federal. state or locai law, ordinance. rule or regulation. _ V. TERMS OF CONTRACT: This Contract shall be effective on Juiv, i. 2000, or upon che date thatthe rmal reauired signarure is obtained by the STATE. pursuant to Minn. Stat_ § 16C.0�, Subd. 3. whic6ever occurs later. and shall remain in effect untii June 30. 2001 or until all oblieations set forth in this Contract have been satisfac.orily fulfiiled or the Contract has been canceled. whichever occurs flrst. The GOVERNMENTAL tJNIT shall have a con[inuin� oblieation, aftersaid Conffactperiod, to comph� with the fol(owin� provisions of Conu clauses: X. Liability: XI. State Audits: �II. Data Practices Act: YIIL Intellectual Propem Rights: XIV. Pubticirv: and XViII. Jurisdiction and Veaue. :'I3E GOVERT�lvIE�TAL UNITU;�IDERSTANDS THAT NO WORK SHOULD BEGIN ll�lDER THIS CONTRACT Ul`ITIL ALL REQUIRED S[GNATliRES HAVE BEE�I OBTAINED, A� iD THE GOVERNMEVTAL UNIT IS tiOTIF?ED TO BEGIN WORK BY THE ST,4TE�s AUTHORIZED RE°REStNTA i'NE. VI. CANCELLATION This Contract may be canceled by the ST.aTE a[ any time, with or without cause, upon thittv (30) da}�s written notice to che GOVERNMEVTAL Wi [T. In the event of �uch a canceilacion. [he GOVER\�IENT.aL UTIIT >halt be �ntitled to payment. de:ermined on a p:o rata basis, for work or ;ervices satisfactorii}� pe:iormed. V[I. STt1TE'sAUTHORIZEDREPRESEVTATIVE: TiieST,�TE's.�uthorizedReoresencati��ziorthepurposesofadministrationuf lumv Poucrs >eramc.. �DPS Vc h I.i Gamnl n¢ r"i 1 00 -�� this Contracc is Norman Pint . The GOVEIL�i ViENTAL UDiITs .authorized Represearacive forthe purposes ofadminisffation of this Conuact is Chief William Finnev. The ST?.TE's .authorized Representative shall have Tmal authoriry for acceptance of GOVERNME�iTAL IJNITs services and ii sucb services aze accepted as satisfacton�. shall so cerrify on each invoice submitted pursuant to Ciause II. paragrapu B. VIII_ ASSIGNbIEN The GOVERNME�iT�L L�IT shail not assia�. delesatz. or transfe� an}� ri�nts or ooliQations under this Conuact �virhouc �he prior wriaen consent oi che ST,�Tc. IX. �1btENDMEV TS: .�ny amendments or modifica[ions .o chis Contrnct shall be in wr:tina and snail not be erF ccive untii executed by the oarries to this Cuntract and anproved b}� all ST,�TE officiais as required bv 1.a�c. Y. LIABILITY: :I�e GOVERI�IMENT?.L U�IT >hall indemniiy, save and holdthe ST.�TE. its reoresentati�zs and employees_ harmless from any and ail claims or causes oi action. includina ail attomevs' fees incurred bv the STATE, arisin� from the performance of this Concract bv GOVER\�tENTAL L3NIT or GOVERi�SME��CAL tSNITs emplovees, aeents, or subconcrac.ors. This clause shall not be conscrued to bar any le�al remedies [he GOVERVVtE�ITAL LNIT may have for the ST�1TE's failure co fulfill iu ooliQazions pursuant to this Conuac._ XI. ST�ITEAUDITS Tyebooks,records.documensandaccouniin�proceduresandpracticesoftheGOVERN�fE�ITALL1fITand its zmoloyees, agents or subconffacLOrs relevant to this Contract shall be made available and subject to zxamination by the ST?.TE, including [he conQactine A�ency7Division, LeQislative .4uditor, and State Auditor for a minimum of six years from the end date oi this Conffact. GOVERNMENTaL LJNIT shall also comply with all federai audit requiremenu as statzd in �ttachment A., which is hereby incorporazed by reference and made a part of chis Contract. XII. DATA PR-�CTICES ACT: The GOVHR^iME�(TAL LNIT and the STATE shall be bound 6v, and comQlv wi[h, the blinnesota Da[a Practices Act as it aopiies to all data provided by the GOVERNME�ITAL iJ� iIT and the STATE in accordance with this Conttact and as it applies to all data c:eaced. Qathered, �enerared. or acquired in accordance with this Con�act. XIII. INTELLECTli 1L PROPERTY RSGHTS - State Owns InczLtectuai Prooem Rishts and Documents with a Free Licence ro che GOVERNMENTAL LNI"C A. INTE�LECTUAL PROPERTY RIGHTS: The STATE shall own all riahts �itle, anfl interest in all of the intellecrual prooer[y ri�ts. includin� copyrights. patents, aade secrets, trademarks. and service mazks in the WORKS and DOCliNIENTS. WORKS shall mean all inventions, imnrovements, discoveries (whe;her or not patentable), databases, compucer prosrams, repons. notes, srudies, photo�raphs. negatives. designs. drawings. specificazions, materials. tapes, ana disks conceived, reduced to practice, created or orieinated by the GOVERV�ME�iTAL UNIT its employees, a�enu, ardsubcontrac:ors, either individua(lv orjointly with others in the oerformance ofthis Contract. Vv"ORKS shall include "DOCUMENTS:' DOCUME�ITS are the orieina(s of any databases. computer programs, repor[s, notes. studies. photosraphs. neeatives. desians. drawings, specifications. materials. tapes. disks. or other materials. whethec' intaneible or zlectronic forms, prepared by the GOVERIVMENTAL LJNIT, its employees. aeenu, or subcontrac'COrs. in the pe:iormance of this Conttact. The DOCUMtNTS shall oe the exclusive propercy oY the STATE and al] such DOCUME�lTS shall be remirted to the STATE bv the GOVERNMENTAL LTIIT uoon completion or cancellation of this Contract. To the estent possible, those WORKS eligible for copyright protection underthe Uniczd States Copyright Act shall be deemed to be'`�vorks made for hire:' The GO VERNMENTAL U�fIT aerees to. and he: eby does, assi� all ri_ht. citte. and interest it may have in the WORSCS and the DOCliMENTS co the ST_-1TE. The GOVERNVIENT.4L CNIT shatl. az che : equest of the STATE. execute all papen and perform al! ochzr accs necessary to transfer or record the ST.�TE�> ownership mterzst fn the WORKS and DOCUME�iTS. B. OBLSGATIONS: \Q�CIFIC.�.TION �Vheneve* any inven[ion. improo�ement. or discovery• i.cnether or not pa[entable) is made or conceived for [he first nme or ac[ualty or constructively reduced to practice bv the GOV ERti MEV TAL [JNIT, :�c;udin_ its emoloyees and subcontrac:ors in the performance of[his Contract, [he GOVERNMENTAL L'i IIT ;hall immediaceiy ��ive [he ST.-1TE's .Authorized Representative «ritten notice thereot. and shall pramndy 'urnish che :�uthorized Rearesenta[ive �vith compleee information and�br disclosure [herzon. i,,,,,, rm.R:,�.�«��_,� iDPYAico�ol3 Gemohn¢ Fni 1 0 O ��, C. 3 REPRESEtiTATION: The GOVERIvMENTAL LTNIT shall perform all acts and [a.l'e all steos necessazv to easurz that all intellecmal oroperty righu in the WORKS and DOCUME� ]TS are the sole propem of the ST.aTE. and chat no C50��ERN�IE�tTr1L. UNIT employee, agenc or subconuactor rerains any interest in and to che WORKS and DOCL'VfEVTS. The GOVEIL�IME�ITAL LJNIT represenu and warranu thac the �VORTCS and DOCliMENTS do ao[ and shall not infiinoe upon any inte!lecmal properry riehu of acher oe:sons or eacities_ The GOVERtiVSEVTAL Wi IT shall indemnify, defend_ and hold harmless the STATE, at tne GOV E:L�'V(E\T.3L U�IT�s zxpense. from an}' action or ctaim brouant a�ainstthe STATE to the estentthar it is 'oaszd on a daim thai al] or pa¢ of the NORSCS or D�CUivLEii�CS infrinse upon the inteilzcmal nrooe�y *isnrs or othe:s. Thz GOVE?2.�1ME�ITAL UNIT shall be responsible for payment oi any and ail sucn ciaims. demands. ooligations. liaoiiities. msu. and damases including, but not limited to. attome��s fees. If such a ciaun or accion arises. or in �hz GOVERDtYtE�ITAL LNIT's or the STATE's ooinion is like:y co anse_ zhe GO V ER�i ViENT �L L� IT >hall. at the STATE�s discretion, eithe: procure for the STATE [he right or license to use tlte inteilecmai pronem ri�hts at issue or replace or modify the allesedly infringing WORKS or DOClib(ENTS as necess:.ry and aporopriate to obviate the infrin�ement claim. This remedy of the STATE shail be in addition to, and not exclusive of, other remedies provided by law. SGRVIVABILITY: The rishts and duties of the STATE and the GOVEIL'�iMENTAL iJNTT provided for above shall survive the zspiration or cancellacion of this Conuact. XIV. PLBLICITY: Any publicity given to the pro�am, publications, or services provided resultine from this Con¢act induding, but not limited to. notices. informationai pamnhles. press releases, research, repotts, si�s, and sunilaz public noeices prepazed by or for the GOVERNMEVTAL UNIT or iu employees individuatly orjointiy with others, or any subcontractors shafl identify che STATE as the sponsorin� asencv and shall not be released, unless such release is a specific patt of an approved work pian included in this Contcact prior to iu approvat by the STATE's Authorized Representative. XV. WORKERS' COMPEP7SATION: (When apolicable.) In accordance with the provisions of,�ilinn. Stat. C� 176.182. as amended_ the GOVER'YMENT:�L Ui`1IT sha11 provide acceptable evidence of compliance with the workers' compensation insurance coveraee requirement of Vtinn. Stat. 3 1 i6.131. Subd. 2. as amended, prior m the commencement of anv duties to be perFormed under this Conttact. XV I. ANTITRL`ST: The GO VERNMENTAL l."�iIT hereby assiQns to the State ofMinnesota any and all ctaims for overchazses as to 000ds and.�or se:vices provided in connection with this Contract resulting from antitrust vioiations that arise under the antitrust laws of the United States and the aniiffust laws of the State of Minnesota. XVII. PROMPT °AYbIEtT TO SUBCONTR:ICTORS: (When aoplicable.) GOVERNMENTAL LTNIT is reauired to pay subcontrac:ors pursuant to Minn. Stat. 3 16A.1245. XVIII. NRISDICTION A�D VEVtiE: This Conttact and executed amendments thereto, shall be eovemed by the laws ofthe State of vtinnesota. Venue for ail lesai proceedings arisina out of this Contract, or breach thereof, shall be in ihe state or federal courc wi[h compete�t jurisdiction in Ramsey County, �tinnesota. XIX. COMPI.£TE CONTRACT: This Contract and amendments and supplements, constituces the entire aoreement benveen che parties. XX. OTHER PROVIS[QVS_ Vone lamv Pm.ers Aycemem DPL 5%>iinnm s GamN�ne Fni i � IN WITDIESS WF-IEREOF, the parcies have caused tltis Contraci to be duh• zxecuced intendino to be bound therebv. �D �� APPROVED: By Tiile Date I 2. STATE AGENCY: Bv Titie Acring Director Date � �,,,,, �DPS;.�I.aM1Ul3 tiemnLne Gm 1 1. GOVERNME�ITAL LINST: GOVERI`IME�IT.aL IINIT cerrines that che aoprooriacz person(s) have execuced the Contracc on behalf oi :he GOVER,'�IMENTAL UTIIT as reauired by anolic2oie articles. ov-laws. resolutions. or ordinances. FEDE�AL AUDIT REQUIREMENTS 1. For subrecipients who are state (inc3udes Indian tribes) or tocai governments if ihe GOVE:�NMENTAL UNIT, hereinai�er "or�nte°" receives �oiGl direc: and indirec: �ede�al assis«nc2 or Attachment A � �1�, " �auai �o or in excess oi 5300.000 or more oer year. :he ar�ntee aarees co ootain a in�nciGi and comoliance 2udit m�de in 2ccordance. wi'th 'the Sing4e Audit Ac, oi 1°84 (Puolic L�w a8-�02) and the �ed°ral Office oP IVl�n�aement and budget (OMB) Circular A- �33. Tne !aw and circuiar provide �hat the audit shail cover the ancire ooeraiions of che arantee government or, at :he ootion or :he arantee aovemment. it may cover deoarments, aaencies or establishments tha� received. exoended, or oihen,vise administereti �ederal financiai assist�nce durina the yezr. Audits shall be made annu�lly unless the Staie or local aovemment h�s, by January �, �°87, a constitutional or statutory requirement �or less frequent audics. For those govemments, the cognizant agency shall permii biennial audits, covering both years. ii the covernment so requests. It shall also honor requests ior biennizi audits by aovernments that have an administrative policy calling for audits fess frequeni than annual, but only for fiscal years beginnfng beiore January 1. 1987. 2. For subrecipients wi�o are insYitutions ofi higher education, hospifals, or other nonprofit organizations If the grantes receives total direct and indirect federal assist2nca of 5300,000 or more per year, the grantee agrees to obtain a financial and compiiance audit made in accord�nce wich OM8 Circuiar A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance wiih OMB Circular A-�33. However, wnen the �300.000 or more w�s received under oniy one program. :he subrecipient may have zn audii or that one program. Audiis shall usuad,v'oe made annually, but not less freq,uently .han every two years. 3. All audits s�tiall be made by an independeni auditoc An independent auditor is a sate or local aovemment auditor or a public accountant who meeis the independenc2 standards saecified in the General Accouniing Office's Standards for Audii of Governmenial Oroanizations. Proarams. Activities, ana Functions. 4. Audit reports shall state th�t the audii was oeriormed in accordance wiih the provisions of OMB Circular A-�33 as applicable. Tne reporting reGuirements for audit repcRs shali be in accordance with the American Insiitute oi Ce��ifed Publ;c Accounts' (AICPA) Statement on Auditing Siandards (SAS) 58. "Reports on Audited Financial Sta'tements" or SAS 62, "Special Reports," as aoolicable. 7he reporting reGuirements for audit reports on compli�nce and internal controls shall be in accordance with AICPA'S SAS o3. "Comoli2nce Auditing Applicable to Govemmental Encities and Other Recipients of Governmentai Finanaal Assiscance" and St�tement oi Posrtion (SOP) 89-0, "Auditors' Reports in Audits oT State and Local Governmental U�its." In adci[ien [o [he auait report, the recioient shall provide comments on the findinas and r2commendacions in the repoR. ,nciudina a p!an �or correc.roe action taken or oianned and comments on the stztus eT corrective ac:ion taken on prior findinas. !f correc:ive acnon is not necessary a statement describina the reason i't is not snould accomoany the audit reporc. 5. The arantee �grees that the orantor. the Legislative Auditor, the StGie Auditor, and �ny independent audi'tor designated by the erantor snall have sucn access to grantee's records and financial statements as may be n2cessary for the grantor to comoly wiih �he S�nale,�udit Act and ON1B Circular A-�33, as applicable. .uin�POncrs,\¢r:cm�a� �DPS VmAol,¢('unbl�n Sntl 6 r• 6. Grantees of �ederal finzncial assistance from subrecipients are also required to comoly with the Sinale AuditAct and the OMB Circui�rA-133, as applic�ble. �O �� , The arantee agrees to re±ain documentation to support the schedule oi federal assis;ance. - 8. Required audit reports must be nled with the Office of the State Auditor, Sinale Audii Division �nd wiih �he Dep�rment oi Public Saiery, within "s0 days afterthe completion of the audit, but no later than one year afterthe end oilhe audit perioo_ The Deportm2ni or Puiaiic SGiety's audii repor[ should be addressed to: Mi�nesota Deparuneni oi Public Safeiy Ofice oT Fiscal and Administrative Services ?�? Cedar Street Suiie �26, Town Square Si. PGuI, iVIN 55101-5126 9. Recipients oi more that 5300,000 in federzl funds are to submit one copy of the audit repoRwithin 30 days after issuance to the clearinchouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, Indiana 47132 Attn: Single Audit Clearinghouse lum� Poacrs Aercemem �DPS 4lmnoi:. - ne Em