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01-290, k. � O�IGI�fAL Presented By: RESOLUTION OF SAINT PAUL, MINNESOT CURRENT BUDGET CHANGE5 ReFerred To: Committee:Date: 1 = 2 WHEREAS, the Saint Paul Police Department has received a$15,000 Safe and Sober Grant from the 3 Minnesota Department of Public Safety for the period October 1, 2000 through September 30, 2001, and 4 5 WH�REAS, this grant was accepted by the City Council on December 27, 2000 (Council File #00-1209); and 6 7 WFIEREAS, this grant is to be used for additional police traffic patrol on specific dates and for equipment 8 necessary for traffic patrol; and 10 WHEREAS, the Police Department needs to establish a spending and financing plan for the remaining 11 Safe and Sober grant funds to be used in 2001; and 12 13 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 14 there are available for appropriation funds in excess of $11,982 of those estimated in the 2001 budget; and 15 16 WHEREAS, The Mayor recommends that the following addirion be made to the 2001 budget: 17 18 19 20 21 FINANCING PLAN: 22 001- General Fund 23 24 25 26 27 28 29 30 31 32 33 34 35 36 04100 - Operations 3199-40057 - Other Federal Direct Grants-State SPENDING PLAN: 001 - General Fund 04100 - Operations 0141 - Overtime 0396-40057 - Field Equipment 0439 - Fringe Benefits Council File # p \ � �,�p Green Sheet # 111716 11,982 13 11,982 �• �• 1,039,561 6,325,173 9,073 1,048,634 1,500 1,500 1,409 6,326,582 > > > > e 37 THEREFORE BE IT RESOLVED, that the CiTy Council approves the changes to the 2001 budget. 38 Requested by Department of: ✓ Adopted by Council:Date:�J�� aj/�j � Adoption Certified by Council Secretary: B Y' �� Approved by Mayor:Date ��8� By: SafeBSoberbudgeLcr.01 Police � � for Sn]�m#ssionyto AMENDED BUDGET Form �[sYUyed by City At : � /� i. .�/� _. �. '� (/ DEPARTMENT/OFFICEICOUNCIL DATE INITIATED PoliceDeparhnent 2/z��ot GREEN SHEET No. 111716 CONTA T PERSON 8 PHONE INI71AUDA INfTUVDAiE ClliefFinIIey 292-3588 1 oevarsrMFxrniaecroR 5 cmcouxa� MUST SE ON COUNCIL AGENDA BY (DATE) ./� O`�}gO il Please process ASAP :�crtr arrow�Er 1� ,� ❑crrr c�wc �FINNNqpLSERNCESDI �FlNlWCW.SERV/ACGTG �MAYOR(ORASSISTANT� �NUMMIRIGNTS TOTAI # OF SIGNATISRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolution establishing a 2001 spending and financing plan for the Safe and Sober Crrant. �� t �w� y �t�r �� ; � � f? '� 3 �u�� RECOMMENDATION ApproVe (A) of Rejett (R) PERSONAL SERNCE CONTRACTS MUSTANSWERTHE FOLLOWING �UESTIONS: 1. Has this person/frtn ever worked under a wntract forthis departmenT� PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/frm ever been a ciry employee? CIVIL SERVICE COMMlSS10N YES NO 3. Does this persoNfirtn possess a skill not normally possessed by any current city employee? YES NO 4. Is this pereon/frtn a targeted vendor7 YES NO Explain ali yes answers on separate sheet and atfach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WH1� The State of Minnesota Department of Public Safety awazded a$15,000 Safe and Sober gant to the Saint Paul Police Depariment for traffic control October 1, 2000 through September 30, 2001. The City Council accepted this grant on December 2T, 2000 (Council File #00-1209). A spending and financing plan needs to be established for the remaiiiing Safe and Sober grant funds to be used in 2001. (Attached is a copy of the grant.) ADVANTAGESIFAPPROVEO Increased traffic pahol on specific dates. �� DISADVANTAGESIFAPPROVED �'tA� , �,,; ona. �r `� f�.=.. DISADVANTAGES IF NOT APPROVED �� p, ��Y! �� H d..e Inability to use grant funding for increased traffic patrol. TOTAL AMOUNT OF TRANSACTION $ 11,9$2 . COST/REVENUE BUDGETED (CIRCLE ONE) YES NO �UNDINGSOURCE M1nnCSOTa.DePaltnlCntOPPubliCSafety ACTNINNUMBER 041�� FINANCIAL WFORMATION (EXPLAIN) Safe&S oberbudget. gs.01 + 1►- . _ . . STATE OF NIINNESOTA b�_y�o ENCUMBRANCE WORKSHEET A�eccy: P07 FiscalYear: Ol VendorNumber:06679U002 00 TotalPmcunt $15,000.00 AmountFustFY: 515,000.00 Comu!odity Code: 023 09 Co�:modity Code: Commodity Code: Object Code: SB00 Object Code: Objeci Code: Amount: $15,000.00 Amount: Amount; Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 3Q0 Fund: Fund: Appr: 92C Appr: Appr: OrgfSub: 9240 OrgJSub: Org/Sub: Rept Catg: 0404 Rept Catg: Rept Catg: Amount: $15,000.00 Amount: Amount: ri uceaaiug wiurmauuu: ��ome enmes nay noi appty) Requisition: (,/��l`(j - �[ ///��/j!j � Solicitatioa: Number/Date/Entry Initial�� NumberlDate/£ntry Initials Contract: Order: �'�,�(� �' �9j � Numbe:/'�a�n�t� L�irials Number/Date,�SiUnatu:e . (Individual signmg cerriftu that funds have been encumbered as requrred by Minn. StaL l6A15 axd 16C.05.) NOTICE TO GRANTEE: You are mquired by Minnesota Statutes, Section 270.66 ro provide your social security number or Fedemi employer tu idenrificaUOn number and MinnesoW tax identification number if you do business with tfie State of Miunesota. Tlus infocmation may be useci in the enfo�cement of fedecal a� state ta< laws. Supplying Yhese munbe� could resul[ in action to require you to file state tac retums and pay delinquent sta[e tax liabilines. This contract will not be aoomved un7ess these nwnbers aze pro ided These numbers will be available to fedeml and state ta< authorities and state peisonnel involved in approving the w¢tact snd the aymen[ of r„[e ebligations. Grantee Name and Address: Sk Paul Police Department 100 E. llth St. St. Paul, MN 55101 Sce. Sec. or Fedea] Fmployer I D. No. � Minnesota Tas I.D. No. (if applicable) THIS PAGE OF THE CONTRACT CONTAINS PRIVATE INFOIiMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITH�U'i' EXPRESS WRITTEN PERNIISSION OF THE CONaRA�Td3��t Ifyou circulafe tltis contract internaily, only ojj that require access to the tax identification number AND all individuals/o�ces signing this contract should have aceess to this page. CD00032-06 (09-09-99) Minnesota Saje & Sober Grant Public Safery/f'm�c Safery Task 35,St. Paul Police Departrnent � GRANT AGREEMENT BETWEEN THE MINNESOTA DEPARTME\T OF P"JB:,IC SAFETY 9ND THE b \ - a -°10 ST. PAUL POLICE DEPARTMENT Federal Funds provided under U. S. Department of Tsansportation's State and Community Hi�hway Safery Program, Federal Catalog Number 20.6000. The parties to this ao eement are ihe Department of Public Safery of the State of Minneso[a hereinafter rzferred to as "Public Safety," and the St Paul Police Department , address 100 E. llth St.. St. Paul, NI� 55101 , hereinafrer referred to as the "Grantez.° WHEREAS, pursuant to Minnesota Statutes 4.075, Pub]ic Safety has been designated as thz appropriate aQency to receive, allocace and disburse federal monies provided under the National Hi�hway Safety Act of 1966 (Public Law 89-564) as amended, and: WHEREAS, Public Safety has a Highway Safety project entitled Safe & Sober Communiues , number 01-0�-04. Task 35 fundzd under this ]aw, and: WHEREAS, the Grantee is authorized pursuant to Minnesota Statutes 4.075 to receive such funds as may be available for such purposes and has obtained a resolution authorizing the a ant from their city councii or county board of commissioners ([he resolu[ion is Exhibit I, which is hereby incorporated by refecence and made a part of this agreement); Now, tnerefore, the parties agree as follows: 1. Terms o£ Grant Aareement This grant agreemert shatl be efiecL;ve c;� Octc: �; 1 , 2000 , or upon the date that the final required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and shall remain m effect undl Seotember 30 , 2001 , or until all obligations se[ forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. The GRANTEE undersiands that NO work should begin under this Grant en61 ALL required signatures have been obtained and GRANTEE is notified to begin work by Public Safety's Authorized Representative. 2. Grantee's Dutiec The Grantee will pazticipate in the Safe & Sober campaign, a program which seeks to increase compliance with Vaffic safety laws, with emphasis on driving whi]e impaired and passenger protection by enhanced enforcement of those laws coupled with educa[ion and media relations. The [wo-pronged approach is designed to inerease the publids perception of Ihe likelihood of suffering nega[ive consequences if they fai] to comply. The Gran[ee will participate in seven Safe & Sober waves in accerdarce with the following calendar: 2001 MINNESOTA SAFE & SOBER Safe & Sober Enhanced Wave Focus Area Pre-Enforcement Media Enforcement Post-Enforcement Media Belts or I Nov. IS — 21, 2000 I Nov. 22 — 26, 2000 Aggressive * Seat belt Survey � Driving CD00032 (8 Minnesota Safe & Sober Grant Task 35, St. Paul Police Department, Page 1 Nat required Public Safety/Tra(fic Safety �• . a +-�io Safe & Sober Enh2r.ced Post-Enforcement Media Wave Fceus Area Pre-Enforcement Media Enforcement & Seat Bel[ Surveys 2 Impaired Nov. 25 - 29 Nov. 30-Dec. 2, Dec. 7-9, 14-16, 1an. 2- 8, 2001 Drivina Dec. 29, 2000 - Jan. 1, Z001 " Seat belt Survey 3 Belts or Feb. 7- 13, 2001 Feb. 14 -17, 2001 Feb. 18 - 24, 2001 Ao�essive " Seat belt Survey Drivin� 4 Youth April 26 - May 3, 2001 2001 Proms, May 3-�, 10-12, 17- June 3- 9, Z001 19, 24-26, May 31 - June 2 ^ Seat bzlt Survey 5 Occupant June 21 - 27, 2001 June 28 - 7uly 7, 2001 7uly 8- 14, 2001 Protection 6 Belts or July 22 - 28, 2001 July 26 - 29, 2001 7uly 30 - Ausust 5, 2Q01 Aegressive x Sea[ beft Survey Driving 7 Distracted Au�ust 18 - 24, 2001 August 25 - Szptember 3, 2001 September 4- 10, 2001 Driving " Sea[ bzlt Survey The dates in the table give the windows for each period. During the youth wave and most of the impaired drivin� wave, the enforcement window consists largely of Thursdays, Fridays, and Saturdays. Early Sunday mornings are not excluded from those enforcement windows. Sundays after dawn are excluded from those wmdows. High school proms held in April, May and June are covered by the youth window whe[her or not the datz is listed in the calendar. Participadon in Safe & Sober 2001 is further defined as: A. Scheduling and conducting approximately 250 hoars of additional (that is, not regularly scheduled) traffic pairo] during each of the `our longe: Safe & Sober enforcement periods and 62 hours of additional traffic patrol dunng eaci o� tne three shorter enforcement periods. B. Scheduling and conducting approxima[ely 0 hours of additionat traffic patrol outside of [he four Safe & Sober enforcement periods. C. These traffic pa7ols will be conducted using only those officers whom Public Safety approves as e]igible. Eligibility is defrned as compleUOn of Occupant Protecticn Usage and Bn�u:ce::�en: (OPIJ� end S[andardized Field Sobriety Testing (SFST) courses for agencies participating for a first year in the grant program and those courses, as well as Advanced SFST: Drugs That Impair, for agencies participating for a second or subsequen[ year in [he grant program. D. Scheduling and wnducting informal seat belt surveys at 5 sites during each of the following [ime periods: Nov. IS - 21, 2000; Jan. 2-8, 2001; Feb. IS-24, 2001; June 3-9, 2001; Iuly 30-August 5, 2001; and Sept. 4- 10, 2ffX11. E. Informing the media of [he Safe & So6er program and keeping them apprised of resulu and focus issues. Through the media and other oudets as decided by the Grantee, informing the publie of the program and focus issues. F. Submitting a written plan for the enforcement and public/media relations before each wave on or before Navember I5, 20�0, (covering waves I and 2); February 7, 2001; Aprit 26, 2001; June 21, 2001 (covering waves 5 and 6); and August 18. 2001 on a form provided by Pubiic Safety. CD00032-OG (8-17-00) Minneso[a Safe & SoGer Grant Pubiic Sa(ny/i'raffic Safciy Task 35, St. Paul Police Department, Page 2 ` . � 6�_ �.�� G_ Submitting a written report on the enforcement and p�blic/media relations results ot zach wave on January 8, 2001 (coveriog waves 1 and 2); February 24, 2001; June 9, 2001; Auoust �, 2001 (covzrine waves � and 6); and September 10. 2001 on a form provided by Pubiic Safety. H. Submitting a final wr:tten report summarizing the results of all four waves, and dzscribina progress made towazds reaching each objective and the special project undertaken (if any) no la[zr than November li; 200 L The final report shalt be submitted at the same time as the final claim for reimbursement. I. Striving to increase enforcement which can reasonably be expected [o fulfil! the purpose of [he aran[ by decreasin� the incidence of drivin� while impaired, increasing ihe use of szat bzlcs, and increasins [he public's perception of the likelihood of being stopped for violations of trafflc safzry laws. Public Safety wili provide compara[ive statistics afrer each reporting period. 3. Striving to increase the number of D�VI arrests in thejurisdiction(s) covered by the �rant. K. If applicable, (when the grantee is the lead agency iia a grant coveruig nvo or more enforcemeiit ageiicies); summarize the plans, reperts, and invoices for the N/A enforcement aeencies inro a sin�le plan, report, and invoice for each wave of the program and submit it to Public Safety. (Chief enforcement officers from each agency covered by this gran[ agreem�nt must sign this agreement — see signature paQe.) 3. Terms for Reimbursement A. Public Safety shali reimburse, the Grantee up to a maximum of � 15,000.00 for the costs incurred by the Grantee in performing the [asks in Section Z of Ihis agreement. This reimbursement will be made from funds made available through the Highway Safety Act of 1966 (Public Law 89-564) and amendments thereto. The Grantee shall `oe reimbursed only for those costs that the budozc in Section 4., of this �_..__c_ reci:aes [o be reimbursable costs. ln acd<<i�n, Publ.c S�fety wili reimburse the Grantee oniy for such of these costs that Public Safety, in its sole discretion, considers to be rzasonable and consistent ., _.. _ �. �_res that are in Section 4 of this agreement. B. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Gran[ee. Claims for reimbursement shall be submitted by the Grantee on forms provided by Pubhc Safety. Claims for ccimburs.°ment nzy be submitted as ofren as monthl}; a claim must be submitted by February 11, 2001 (for waves I and Z); March 24, 2001 (for wave 3); July 7, 2001 (for wave 4); and October 9, 2001 (for waves 5, 6, and 7). Any final claim mus[ be submitted by November 1S. 2001 ; after Ihat date reimbursement cannot be approved, The final daim shall be accompanied by the final report. C. AII claims for reimbursement shall be supported by wri[[en documentation includmg rece�pts, invoices, vavel vouchers, and project time reports. A signed Highway Safety Equipment Record card (form DPS 7304) for each piece of equipment costing �S,Q00.00 or mo�e must be submitted with thz claim for reimbursement before paymen[ can be made. D. Reimbursement for costs will no[ be paid on any encumbrance made by the Gran[ee prior to October i. 2000 (or prior to the date that Ihe last signature is ob[ained by Public Satet}�, pursuant ro Minnesota Statute I6C.05, Subd. 2, whichever occurs later) or atter Swtember 30, 2001 .unless reques[ed in writing by the project director (or a successor) who signed this agreement on behalf of the Grantee and if upproved by Public Safety's Office of Traffic Safety, resulting in an amendment to this sgrezment. CDO(H132-OG (8-17-(H)) Minnesota Safe & Sober Geant Public Sa(etyll'raCfic SaCety Task 35, St. Paul Police Department, Puge 3 o � °�a E. The Grantee shall not be reimbursed for expense incurred for work found by Public Safery to be unsatisfac[ory or performed in vio]a[ion of federal or state laws and regulations. F. This grant agreement is contingent upon the State of Minnesota and Public Safety s receivin� funds under the Hiahway Safety Act of 1966 (Public I,aw 89-564), as amended, for the purposes of reimbursing the Grantee for the costs set forth herein. If for any reason the State of Minnesota or Public Safety is prohibited in any way from usin� such funds to reimburse the Grantee for any of tne costs set forth herein, then this agreement sha11 be rmll and void and the State of Minnesota and Public Safety shail have no direct nor ind'uect obligation to reimbwse the Grantee. 4. A�uroved Budeet The budge[ to be reimbursable from federal 402 funds for this Safe & SoGer project is approved as fcllows: Item Enforcemen[ Hours and Frin�e BeneSts Administrative Hours and Fringe Benefiu Equipment (half cos[ o:: specific equipment listed here) Operahng Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purchase of Incentives or Materials TOTAL 5. General Provisions of Grant A. Additional Enforcement Amount $12,750.00 $750.00 $1,500.00 $0.00 �0.00 �0.00 $15,000.00 a) °ub]ic Safety shall rPimburse [he Grantee only for the actual hours worked on the tasks and for other eligible costs only if they aze actually incurred in perfornting the tasks. Personne! costs shall be reimbursed on the basis of hourly salary rate(s) tha[ have been verified and approvzd by Public Safety. A first list of hourly salary and fringe benefit rates of eligible officers mus[ be received by Public Safety no later than November 15, 2000. Changes in sa]ary and fringe ra[es and eligible officers as they occur in the workplace are subject to approval by Public Safety on a continuina basis until the end of the gant agreement. b) Reimbursement will be for actual overtime hours worked and for actuai fringe benefiu paid on those hours. Any alternate plan for claiming direct labor and related fringe costs must be submitted to and approved by Public Safety before the grant beoins. CD00032-OG (8-17-W) Minnesota Safe & Sober Grant Task 35, St. Pau( Police Department, Page 4 PubGc Safety/Traffic Sa(ety S. Travel O�-3qo The Graniee may be reimbursed for travel and subsistence expenses in accordance with, bui �ot to exceed, the current Commissioners' Travel Plan, and the bud�et in Section 4., of ihis aereement. The Grantee shall not be reimbursed for travel and subsistence incurred ouuide the state of Minnesota unless ic has received prior written approvai for each such Vip from Public Safety. " C. Eauioment a) Purchase of equipment or services by the Grantee shall comply with all procurement procedures and laws [hat apply to the Grantee's purchase of similar equipment or services in Che performance of its duties other than iu du[ies under this agreement. b) Any equipment purchased under this agreement shatl be used primarily for traffic safety purposes during the life of the equipmenL The Grantee may not deviate from this requirement, and may not dispose of any eyuipment unless it has first obtained wri[ten permission from Public Safery. c) The Gran[ee shal] be responsible for all operating, maintenance, and repair costs of equipmen[ purchased under this agreement unless otherwise specified. Title to equipmznt acquired under [his ag:eemen[ will vest upon the grantee. D. Indirect Costs Indirec. costs shall not be reimbursed under this agreement. E. Records and Documentation a) The Grantee shall be responsible for keeping records that fuliy disc(ose the amount and disposition of funds and the total cost of the programs or projects for which the funds are provided. The accounting procedures utilized by [he Gcantee shall provide for the accurate and timely recording of the receipt of funds and expenditures. b) The books, records, documents, and accounting procedures and prachces of the Grantee relevant to [his agreement are subject to examination by Pubtic 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 da[e of this grant agreement. c) Grantee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audi[ Act of 1984 (Public Law 98- 502) and Office of Management artd Budget Circular A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorporated by reference. d) All acwunts and records shall be retained by the Grantee for a period of six years after completion of the final audit or until al! litigaUOn, e{aims, or audit fir.dir.gs involving the ruords have been resolved, whichever is later. CD00032-OG 8-17-00) MinnesOta Safe & Sober Grant Public SafetyR'ra(fic Safety Task 35, SL Paui Police Department, Page 5 0 �-2-qb F. O��•nershio of Documents All reports, smdies, photo�raphs, neeatives, or other documents prepared by the Gran[ze in the performance of its obli�ation under this asreement shall be the exclusfve propeay of Pubiic Safety. The Grantee may con[inue to use the materials to promote hiahway safety, bu[ may not sell or offer for sale any documents developed under this agreement, unless a plan [o ruord such sales and make the proceeds available fof traffic safety patposes is approved by Public Safety. G. Amendments a) Any amendments to ihis asreement shall be in writino. b) Minor chanaes in the tasks and budset in Section 2., of Ihis aoreement may bz m2de if requested in writin� by the projzct director (or a successor) on behalf of the Grantee and if approved in writms by Public Safety's Office of Traftic Safery. Chan�es requiring [he approval of the U.S. Department of Transportation or resulting in reimbursement claims in excess of $ 15,000.00 are not minor changes. H. Cancellation a) �lhen Public Safety finds that there has been a failure to comply with the provision of this aareement or with [he provisions of Exhibits II or III, or that the purposes for the funds have not been, or will not be fulfilled, notwithstanding any other provisions of this agreement to [he contrary, Public Safery may take such action as it deems necessary and appropnate to protect the interest of the State of Minnesota, mcludin� [he refusal to disburse additionai funds and requirin� the repayment of any funds already disbursed. b) This agreement may be canceled by Public Safety with or without cause, upon ten (10) days written notice to the other party. In the event of such a cancella[ion the Grantee shatt 6e entitled to reimbursemept for expenses incurred for work or services satisfactorily performed on the tasks up to the daze of cancellation. I. Liabilit l. As permitted by law, the Grantee shall retain any and all liability, and a�rees to indemnify, save, and hold Public Safety, its ageats, and employees harmtess from any and all claims or causes of actson arising from the performance of this a�reement by Grantee or Grantee's agents or employees. This c(ause shall not be construed to bssr any Iegal remedies Grantee may have for Public Safety's failure to fulfill its obliaations pursuant to this agreement. 1. Miscellaneous This agceement sha{I be sub}ect to al{ applicable federai and s[ate statutes and regulations, includino, but not limi[ed to, the following: a) Section 504 of the Rehabilitauon Act ol 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates ro handicapped persons. CDaex132-OG 18-17-OU) Minnesota Saje & Sober Grant Public Satety/fr�ffic Safeiy Task 35, St. Paul Police Department, Page 6 ol_�vo b) 49 CcR Part 23 - Participation by minority business enterprises in Department of Transportaiion Pro�rams; 49 CFR Part 29 Subpart F- The Drug Free Workplace Act of 1988; 23 li.S.C.101 Note and 41 U.S.G l0a - Buy America Act and 49 CFR Part 29 - Certification Reeardins Debarment and Suspension. These provisions are addressed in Exhibit III, which is hereby incorporated by reference and made a part of this aLreemen[ (see Exhibit III). c) Tifle VI of the Civil Rights Act of 19G1, as amended. d) Also, by sibning this a�reement, [he Grantee certifies that the Grantee has a curren� safety bel[ use policy. Public Safety's authorized agent for the purposes of administration of this contract is Paul Schoen , state program administrator of the O�ce of Traffic Safery or his/her successor on staff. The administrazor's address is Suite 150. Town Square. 444 Cedar Sveet. St PauL Minnesota. 5�101-5150 and phone number is 6�1-297-4515 . CD00032-OG (8-t7-00) MinneSOta Safe & Sober Grant Public Sa(ery/i'raff,c Safe�y Task 35, SL Paui Police Department, Page 7 O�-}g4 IN WITNESS WHEREOF, the parties have caused this asreement to be duly exuuted intending to be bound thereby. APPROVED 1 GRANTEE GRANTEE certifiu tha[ the appropriate person(s) have executed the Grant C n ct on behalf of the GRAi�'TEE as required by app cab e Iu, by-lawz, resoluuons, or oiai By. • Titte: Date: Chief of the Stf¢aul Police � 2. COMMISSIO\TER OF PUBLIC SAFETY Delegated to: By: Title_ Director, Office of Traffic Safety Da[e: CD00032-06 (8-17-W) Mianesota Safe & Sober Crrant Pubiic Safety�lta(fic Safety Task 35, St. Paul Police Department, Page 8 Exhibit II 4-22-98 Page 1 of 2 Ol -aq° FEDERAL AUDIT REQUIREMEfJTS 1. For subrecipients who are state (includes (ndian tribes) or local governments if the grantee receives total direct and indirect federal assistance of: `° Equal to or in excess of $300,0�0 or more per year, the graniee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public l..aw 98-502) and the tederal Office of Management and budget (OMB) Circular A-i 33. The law and circular provide that the audit shall cover the entire operations of the grantee govemment or, at the aption of the grantee govemment, it may cover departments, agencies or establishments that received, expended, or othenvise administered tederai financial assistance during the year. Audits shaf( be made annualiy uniess the State os local govemment has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the cognizant agency shall permit biennial audits, covering both years, 'rf the govemment so requesis. It shalt also honor requests for bienniai audits by govemments that have an administrative policy caliing for audits less frequent than annuai, but only ior fiscai years beginning before January 1, �987. 2. For subrecipients who are institutions of higher education, hospitais, or other nonprofit organ'¢ations if the grantee receives total direct and indirect federai assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circufar A-133. However, when the $300,000 or more was received under oniy one program, the subrecipient may have an audit of tha! one program. Audits snall usuai:y be made ann�aily, but noT less treauentty � a� every rive ye�rs. 3. All audits shall be made by an independent auditor. M independent auditor is a state or local govemment auditor or a public accountant who meets the independence standards spec'rfied in the Generai Accounting Office's Standards for Audit of Govemmenta( Oraanizations. Proarams. Activities. and Functions. ' 4. Audft reports shalt state that the audit was periormed in accordance wfth the provisions of OMB Ci-cUlar A-133 ES appiica�,2. The reporting requirements for audit reports shall be in accordance with the American Institute of CertNied Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, 'Special Reports,' as applicabie. Exhibit II 4-22-98 Page 2 of 2 p{-i y The repoR+ng requirements for audit reports on compliance and internal controls shali be in 4ccordznce �, S:f i'��r"i J .S�S 6. "Compliarce Au�r�ng A�,p;;c2b•,e fo ;;over;:re, Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of Siate and Local Governmental Uniis." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or pianned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The grantee agrees that fhe grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Singie Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federal financiai assistance from subrecipients are also required to comply with the Singie Audit Act and the OMS Circuiar A-133, as applicabie. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be fifed with the Office of the State Auditor, Single Audit Division and with the Department of Pubiic Safety, within 30 days zfiter the completion of the audit, but no later than one year after the end of the audit period. The Department of Pub4!c Safety's audit report should be addressed to: Minnesota Department of Public Safety Office.of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipients of more that $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the ciearinghouse at the foliowing address: Bureau of the Census Data Preparation Division 1291 East 10th Street Jefferso�,lndiana 47132 Attn: Single Audit Clearinghouse Exhibit III Page 7 of 3 CERTIFICATIONS AND ASSURANCES 0�� yt{U DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART F1 In accordance with the Drug-Free Workplace Act of 1988 (49 CFR Part 29 Subpart �, the State wil] provide a drug-Cree workplace by: _ a) Publishing a statement nodfyin� employees [hat the unlawful manufacture, distributioq dispensin�, possession or use of a concro(led substance is prohibited in the grantee's workplace and spuifying the actions [hat will be taken a�air�i employees for violation of such prohibi[ion; b) Es.ablishi„g a drua-rzG, awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantees policy of maintaining a dni�-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon emp]oyees for drug abuse violations occurring in the wor},place; c) Making it a requaement tha[ each employee engaged in the performance of the grant be given a copy of tl�e statement required by pazagraph (a); d) Norifying the employee in the statement required by puagraph (a) that, as a condition of emp]oyment under [he grant, the employee will — 1) Abide by the terms of the statement; and 2) Notify !he employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days afrer such conviction. e) Notafying the agency within ten days afrer receiving noUCe under subpz:agraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. � Taking ene of tl:e following actions, vrithin 30 days of receiving notice under subpazagraph (d)(2), wirh respeci [o any empioyee who is so convicted — 1) Taking appropriate personnel aedon against such an employee, up ro and including temunation; or 2) Requiring such employee to pazticipate satisfactorily in a drug abuse assistance or rehabilitation program �ppr�ved for such purposes by a Federal, State, or Iocal health, law enforcement, or other appropriate agency. g) Making a good faith effort [o continue to maintain a drug-free workplace Huough imQlementatio� of pazagraphs (a),(b),(c),(d),(e), and (� above. BUY AMERICA ACT (23 U.S.C. 101 NOTE AND 41 U S.C. 10a1 The State will conply with the p*oyisions of the Buy America Acf. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federal govemment-wide reference is 23 U.S.C. IOa. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the State can show that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably availa6le and ue of an unsatisfactory qaality; or that inclusion of domestic materials wilt increase the cost of the overall project conVacf by more than 25 percent. Clear juslificat7on for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Exhibit III Page 2 of 3 o i-a�o CERTIFICATION REGARDING LOBBYING Certification for Conhacts, Granu, Loans, and Cooperative Agreements 1) No Federal appropriaTed funds have been paid or will be paid, by or on behalf of Ihe undersia ed, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congess, an officer or employee of Congress, or an employee of a Member of Congess in connection with the awazding of any Federal conh [he making of any Federal a ant, the making oP any Federal ]oan, the entering in[o of any cooperative aa eement, and the extension, continuaiion, renewal, amendment, or modification of any Federai conQact, gran[, ]oan, or cooperative ageement. 2) If any funds oYher than Federa] appropriated funds have been paid or will be paid to any person for influencing or aitempting ro influence an o�cer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congcess in connecuon with this Federal contract, grant, loan, or cooperatice agreement, the undersigned shall complete and submi[ Standazd Form-LLL, "Disclosure Form [o Report Loboying," in acco*da�ce with is ir.sU 3) The undersigned shall require that the language of this certification be included in the award dceuments for all subawazds at all aers (including subcon�acu, subgranu, and contracts under granu, loans, and cooperative ageemenu) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Secaon 1352, Tide 31, U.S. Cale. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFTCATION REGARDING DEBARMENT AND SUSPENSiON In accordance with the provisions of 49 CFR Part 29, the State agees that it shall not knowingly enter iato any ageement under its Highway Safety Plan with a person or entity that is barsed, suspended, declared ineligible, or volunrarily excluded from participation in fhe Section 402 program, unless otherwise authorized by IVI3TSA The State further agrees ihat it will include the following clause and accompanying instruction, without modification, in all lower Uer covered transactions, as provided by 49 CFR Part 29, and in al1 solicitafions for lower tier covered transac[ions. Instructions for Certification 1. By signing and submitting tf�is proposai, the prospective lower tier participant is providing the certification set out below. _ 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transactiou was entered into. If it is later determined that the prospective lower tier participant lmowingly rendered an erroneous certification, in addition to othes remedies available to the Federal government, the dep�rtment or agency with which this V•ansaction originated may pursue available remedies, including suspension andlor deba�v�ent 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal u submiaed if at any time the prospecdve lower tier participant learns that iu certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The tems "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction; "principal," "proposal," and "voiuntari7y excluded," as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower Ger participant agrees by submitting this proposal that, should the proposed covered vansaction be entered into, it shall not knowingly enter inro any lowa der covered Vansactions with a person Exhibit III Page 3 of 3 who is debarred, suspended, dulared ineligible, or voluntari]y excluded from participation in this covered transaction, un]ess authorized by the deQartmeni or a�ency with which this transactions orieinated. � o �-i�> 6. The prospective lower tier participant further aarees by submiHino this proposal that it will include this clause [it�ed "Certifica!ior, Regardin� Debarmer.c, Suspeesion, Iaeligibility and Voluntasy Exdusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered tran;actions and ir ai: a„iidtation for;ower [ier covered Vansactions. (See below) ' 7. A participant in a covered transaction may rely upon a ce�tification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineli�ible, or voluntarily excluded from thz covered transactioq unless it knows Ihat the certification is erroneous. A participant ma}� decidz the method and frequer.cy bJ which ii de.ermines the eligibility of its principals. Each participant may, but is eot required tq check the Nonprocurement List. 8. Nothina contained in the foregoing shall be construed to require establishment of a syscem of records in order to render in good faith [he certification required by this clause. The knowled�e and information of a participant is not required to exceed Ihat which is normally possessed by a prudent person in the ordinazy coursz of business dealings. 9. Except for transactions auffiorized under para�aph 5 of these instructions, if a participant in a covered transac[ion knowingly enters into a lower tier covered Vansaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this Vansaction, in addition to o[her remedies avai]able to the Federal government, [he depar[men[ or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certifica[ion Renazding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions I. The prospec[ive lower tier participant certifies, by submission of this proposal, tha[ neither it nor its principals is preser2ly debazreci, sus�endeu, proposed for debarmen[, declared ineligible, or voluntarily excluded from participation in this Vansaction by any Federal depaRment or agerscy. 2. Where the prospective lower tier participant is unable to certify to any of the statements in Ihis certification, such prospective particiQanu shatl attach an explanation to Chis proposal. MINORITY BUSINESS ENTERPRISE REOUIIZEMENTS In accordance wiih the provisions of 49 CFR Part 23, ffie State agsees to abide by the following statements, and shall ensure that these sratements aze included in all subsequent agreements and/or contracts assisted by Section 402 funds: I[ is the policy of the Department of Transportation that minority business enterpr95es, as defined in 49 CFR Par[ 23, shall have the maximum opportunity to participate in ffie performance of conVacts financed in who(e or in part wiih Federal funds under [his agreemenL Consequwdy, the MBE requirements of 49 CFf2 Part 23 apply to this agreement. The recipient or its conVactor agrees to ensure [hat minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity ro participate in the performance of conUacts and subeonvacts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonalzle steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity [o compete for and perform conVacts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. , k. � O�IGI�fAL Presented By: RESOLUTION OF SAINT PAUL, MINNESOT CURRENT BUDGET CHANGE5 ReFerred To: Committee:Date: 1 = 2 WHEREAS, the Saint Paul Police Department has received a$15,000 Safe and Sober Grant from the 3 Minnesota Department of Public Safety for the period October 1, 2000 through September 30, 2001, and 4 5 WH�REAS, this grant was accepted by the City Council on December 27, 2000 (Council File #00-1209); and 6 7 WFIEREAS, this grant is to be used for additional police traffic patrol on specific dates and for equipment 8 necessary for traffic patrol; and 10 WHEREAS, the Police Department needs to establish a spending and financing plan for the remaining 11 Safe and Sober grant funds to be used in 2001; and 12 13 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 14 there are available for appropriation funds in excess of $11,982 of those estimated in the 2001 budget; and 15 16 WHEREAS, The Mayor recommends that the following addirion be made to the 2001 budget: 17 18 19 20 21 FINANCING PLAN: 22 001- General Fund 23 24 25 26 27 28 29 30 31 32 33 34 35 36 04100 - Operations 3199-40057 - Other Federal Direct Grants-State SPENDING PLAN: 001 - General Fund 04100 - Operations 0141 - Overtime 0396-40057 - Field Equipment 0439 - Fringe Benefits Council File # p \ � �,�p Green Sheet # 111716 11,982 13 11,982 �• �• 1,039,561 6,325,173 9,073 1,048,634 1,500 1,500 1,409 6,326,582 > > > > e 37 THEREFORE BE IT RESOLVED, that the CiTy Council approves the changes to the 2001 budget. 38 Requested by Department of: ✓ Adopted by Council:Date:�J�� aj/�j � Adoption Certified by Council Secretary: B Y' �� Approved by Mayor:Date ��8� By: SafeBSoberbudgeLcr.01 Police � � for Sn]�m#ssionyto AMENDED BUDGET Form �[sYUyed by City At : � /� i. .�/� _. �. '� (/ DEPARTMENT/OFFICEICOUNCIL DATE INITIATED PoliceDeparhnent 2/z��ot GREEN SHEET No. 111716 CONTA T PERSON 8 PHONE INI71AUDA INfTUVDAiE ClliefFinIIey 292-3588 1 oevarsrMFxrniaecroR 5 cmcouxa� MUST SE ON COUNCIL AGENDA BY (DATE) ./� O`�}gO il Please process ASAP :�crtr arrow�Er 1� ,� ❑crrr c�wc �FINNNqpLSERNCESDI �FlNlWCW.SERV/ACGTG �MAYOR(ORASSISTANT� �NUMMIRIGNTS TOTAI # OF SIGNATISRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolution establishing a 2001 spending and financing plan for the Safe and Sober Crrant. �� t �w� y �t�r �� ; � � f? '� 3 �u�� RECOMMENDATION ApproVe (A) of Rejett (R) PERSONAL SERNCE CONTRACTS MUSTANSWERTHE FOLLOWING �UESTIONS: 1. Has this person/frtn ever worked under a wntract forthis departmenT� PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/frm ever been a ciry employee? CIVIL SERVICE COMMlSS10N YES NO 3. Does this persoNfirtn possess a skill not normally possessed by any current city employee? YES NO 4. Is this pereon/frtn a targeted vendor7 YES NO Explain ali yes answers on separate sheet and atfach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WH1� The State of Minnesota Department of Public Safety awazded a$15,000 Safe and Sober gant to the Saint Paul Police Depariment for traffic control October 1, 2000 through September 30, 2001. The City Council accepted this grant on December 2T, 2000 (Council File #00-1209). A spending and financing plan needs to be established for the remaiiiing Safe and Sober grant funds to be used in 2001. (Attached is a copy of the grant.) ADVANTAGESIFAPPROVEO Increased traffic pahol on specific dates. �� DISADVANTAGESIFAPPROVED �'tA� , �,,; ona. �r `� f�.=.. DISADVANTAGES IF NOT APPROVED �� p, ��Y! �� H d..e Inability to use grant funding for increased traffic patrol. TOTAL AMOUNT OF TRANSACTION $ 11,9$2 . COST/REVENUE BUDGETED (CIRCLE ONE) YES NO �UNDINGSOURCE M1nnCSOTa.DePaltnlCntOPPubliCSafety ACTNINNUMBER 041�� FINANCIAL WFORMATION (EXPLAIN) Safe&S oberbudget. gs.01 + 1►- . _ . . STATE OF NIINNESOTA b�_y�o ENCUMBRANCE WORKSHEET A�eccy: P07 FiscalYear: Ol VendorNumber:06679U002 00 TotalPmcunt $15,000.00 AmountFustFY: 515,000.00 Comu!odity Code: 023 09 Co�:modity Code: Commodity Code: Object Code: SB00 Object Code: Objeci Code: Amount: $15,000.00 Amount: Amount; Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 3Q0 Fund: Fund: Appr: 92C Appr: Appr: OrgfSub: 9240 OrgJSub: Org/Sub: Rept Catg: 0404 Rept Catg: Rept Catg: Amount: $15,000.00 Amount: Amount: ri uceaaiug wiurmauuu: ��ome enmes nay noi appty) Requisition: (,/��l`(j - �[ ///��/j!j � Solicitatioa: Number/Date/Entry Initial�� NumberlDate/£ntry Initials Contract: Order: �'�,�(� �' �9j � Numbe:/'�a�n�t� L�irials Number/Date,�SiUnatu:e . (Individual signmg cerriftu that funds have been encumbered as requrred by Minn. StaL l6A15 axd 16C.05.) NOTICE TO GRANTEE: You are mquired by Minnesota Statutes, Section 270.66 ro provide your social security number or Fedemi employer tu idenrificaUOn number and MinnesoW tax identification number if you do business with tfie State of Miunesota. Tlus infocmation may be useci in the enfo�cement of fedecal a� state ta< laws. Supplying Yhese munbe� could resul[ in action to require you to file state tac retums and pay delinquent sta[e tax liabilines. This contract will not be aoomved un7ess these nwnbers aze pro ided These numbers will be available to fedeml and state ta< authorities and state peisonnel involved in approving the w¢tact snd the aymen[ of r„[e ebligations. Grantee Name and Address: Sk Paul Police Department 100 E. llth St. St. Paul, MN 55101 Sce. Sec. or Fedea] Fmployer I D. No. � Minnesota Tas I.D. No. (if applicable) THIS PAGE OF THE CONTRACT CONTAINS PRIVATE INFOIiMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITH�U'i' EXPRESS WRITTEN PERNIISSION OF THE CONaRA�Td3��t Ifyou circulafe tltis contract internaily, only ojj that require access to the tax identification number AND all individuals/o�ces signing this contract should have aceess to this page. CD00032-06 (09-09-99) Minnesota Saje & Sober Grant Public Safery/f'm�c Safery Task 35,St. Paul Police Departrnent � GRANT AGREEMENT BETWEEN THE MINNESOTA DEPARTME\T OF P"JB:,IC SAFETY 9ND THE b \ - a -°10 ST. PAUL POLICE DEPARTMENT Federal Funds provided under U. S. Department of Tsansportation's State and Community Hi�hway Safery Program, Federal Catalog Number 20.6000. The parties to this ao eement are ihe Department of Public Safery of the State of Minneso[a hereinafter rzferred to as "Public Safety," and the St Paul Police Department , address 100 E. llth St.. St. Paul, NI� 55101 , hereinafrer referred to as the "Grantez.° WHEREAS, pursuant to Minnesota Statutes 4.075, Pub]ic Safety has been designated as thz appropriate aQency to receive, allocace and disburse federal monies provided under the National Hi�hway Safety Act of 1966 (Public Law 89-564) as amended, and: WHEREAS, Public Safety has a Highway Safety project entitled Safe & Sober Communiues , number 01-0�-04. Task 35 fundzd under this ]aw, and: WHEREAS, the Grantee is authorized pursuant to Minnesota Statutes 4.075 to receive such funds as may be available for such purposes and has obtained a resolution authorizing the a ant from their city councii or county board of commissioners ([he resolu[ion is Exhibit I, which is hereby incorporated by refecence and made a part of this agreement); Now, tnerefore, the parties agree as follows: 1. Terms o£ Grant Aareement This grant agreemert shatl be efiecL;ve c;� Octc: �; 1 , 2000 , or upon the date that the final required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and shall remain m effect undl Seotember 30 , 2001 , or until all obligations se[ forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. The GRANTEE undersiands that NO work should begin under this Grant en61 ALL required signatures have been obtained and GRANTEE is notified to begin work by Public Safety's Authorized Representative. 2. Grantee's Dutiec The Grantee will pazticipate in the Safe & Sober campaign, a program which seeks to increase compliance with Vaffic safety laws, with emphasis on driving whi]e impaired and passenger protection by enhanced enforcement of those laws coupled with educa[ion and media relations. The [wo-pronged approach is designed to inerease the publids perception of Ihe likelihood of suffering nega[ive consequences if they fai] to comply. The Gran[ee will participate in seven Safe & Sober waves in accerdarce with the following calendar: 2001 MINNESOTA SAFE & SOBER Safe & Sober Enhanced Wave Focus Area Pre-Enforcement Media Enforcement Post-Enforcement Media Belts or I Nov. IS — 21, 2000 I Nov. 22 — 26, 2000 Aggressive * Seat belt Survey � Driving CD00032 (8 Minnesota Safe & Sober Grant Task 35, St. Paul Police Department, Page 1 Nat required Public Safety/Tra(fic Safety �• . a +-�io Safe & Sober Enh2r.ced Post-Enforcement Media Wave Fceus Area Pre-Enforcement Media Enforcement & Seat Bel[ Surveys 2 Impaired Nov. 25 - 29 Nov. 30-Dec. 2, Dec. 7-9, 14-16, 1an. 2- 8, 2001 Drivina Dec. 29, 2000 - Jan. 1, Z001 " Seat belt Survey 3 Belts or Feb. 7- 13, 2001 Feb. 14 -17, 2001 Feb. 18 - 24, 2001 Ao�essive " Seat belt Survey Drivin� 4 Youth April 26 - May 3, 2001 2001 Proms, May 3-�, 10-12, 17- June 3- 9, Z001 19, 24-26, May 31 - June 2 ^ Seat bzlt Survey 5 Occupant June 21 - 27, 2001 June 28 - 7uly 7, 2001 7uly 8- 14, 2001 Protection 6 Belts or July 22 - 28, 2001 July 26 - 29, 2001 7uly 30 - Ausust 5, 2Q01 Aegressive x Sea[ beft Survey Driving 7 Distracted Au�ust 18 - 24, 2001 August 25 - Szptember 3, 2001 September 4- 10, 2001 Driving " Sea[ bzlt Survey The dates in the table give the windows for each period. During the youth wave and most of the impaired drivin� wave, the enforcement window consists largely of Thursdays, Fridays, and Saturdays. Early Sunday mornings are not excluded from those enforcement windows. Sundays after dawn are excluded from those wmdows. High school proms held in April, May and June are covered by the youth window whe[her or not the datz is listed in the calendar. Participadon in Safe & Sober 2001 is further defined as: A. Scheduling and conducting approximately 250 hoars of additional (that is, not regularly scheduled) traffic pairo] during each of the `our longe: Safe & Sober enforcement periods and 62 hours of additional traffic patrol dunng eaci o� tne three shorter enforcement periods. B. Scheduling and conducting approxima[ely 0 hours of additionat traffic patrol outside of [he four Safe & Sober enforcement periods. C. These traffic pa7ols will be conducted using only those officers whom Public Safety approves as e]igible. Eligibility is defrned as compleUOn of Occupant Protecticn Usage and Bn�u:ce::�en: (OPIJ� end S[andardized Field Sobriety Testing (SFST) courses for agencies participating for a first year in the grant program and those courses, as well as Advanced SFST: Drugs That Impair, for agencies participating for a second or subsequen[ year in [he grant program. D. Scheduling and wnducting informal seat belt surveys at 5 sites during each of the following [ime periods: Nov. IS - 21, 2000; Jan. 2-8, 2001; Feb. IS-24, 2001; June 3-9, 2001; Iuly 30-August 5, 2001; and Sept. 4- 10, 2ffX11. E. Informing the media of [he Safe & So6er program and keeping them apprised of resulu and focus issues. Through the media and other oudets as decided by the Grantee, informing the publie of the program and focus issues. F. Submitting a written plan for the enforcement and public/media relations before each wave on or before Navember I5, 20�0, (covering waves I and 2); February 7, 2001; Aprit 26, 2001; June 21, 2001 (covering waves 5 and 6); and August 18. 2001 on a form provided by Pubiic Safety. CD00032-OG (8-17-00) Minneso[a Safe & SoGer Grant Pubiic Sa(ny/i'raffic Safciy Task 35, St. Paul Police Department, Page 2 ` . � 6�_ �.�� G_ Submitting a written report on the enforcement and p�blic/media relations results ot zach wave on January 8, 2001 (coveriog waves 1 and 2); February 24, 2001; June 9, 2001; Auoust �, 2001 (covzrine waves � and 6); and September 10. 2001 on a form provided by Pubiic Safety. H. Submitting a final wr:tten report summarizing the results of all four waves, and dzscribina progress made towazds reaching each objective and the special project undertaken (if any) no la[zr than November li; 200 L The final report shalt be submitted at the same time as the final claim for reimbursement. I. Striving to increase enforcement which can reasonably be expected [o fulfil! the purpose of [he aran[ by decreasin� the incidence of drivin� while impaired, increasing ihe use of szat bzlcs, and increasins [he public's perception of the likelihood of being stopped for violations of trafflc safzry laws. Public Safety wili provide compara[ive statistics afrer each reporting period. 3. Striving to increase the number of D�VI arrests in thejurisdiction(s) covered by the �rant. K. If applicable, (when the grantee is the lead agency iia a grant coveruig nvo or more enforcemeiit ageiicies); summarize the plans, reperts, and invoices for the N/A enforcement aeencies inro a sin�le plan, report, and invoice for each wave of the program and submit it to Public Safety. (Chief enforcement officers from each agency covered by this gran[ agreem�nt must sign this agreement — see signature paQe.) 3. Terms for Reimbursement A. Public Safety shali reimburse, the Grantee up to a maximum of � 15,000.00 for the costs incurred by the Grantee in performing the [asks in Section Z of Ihis agreement. This reimbursement will be made from funds made available through the Highway Safety Act of 1966 (Public Law 89-564) and amendments thereto. The Grantee shall `oe reimbursed only for those costs that the budozc in Section 4., of this �_..__c_ reci:aes [o be reimbursable costs. ln acd<<i�n, Publ.c S�fety wili reimburse the Grantee oniy for such of these costs that Public Safety, in its sole discretion, considers to be rzasonable and consistent ., _.. _ �. �_res that are in Section 4 of this agreement. B. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Gran[ee. Claims for reimbursement shall be submitted by the Grantee on forms provided by Pubhc Safety. Claims for ccimburs.°ment nzy be submitted as ofren as monthl}; a claim must be submitted by February 11, 2001 (for waves I and Z); March 24, 2001 (for wave 3); July 7, 2001 (for wave 4); and October 9, 2001 (for waves 5, 6, and 7). Any final claim mus[ be submitted by November 1S. 2001 ; after Ihat date reimbursement cannot be approved, The final daim shall be accompanied by the final report. C. AII claims for reimbursement shall be supported by wri[[en documentation includmg rece�pts, invoices, vavel vouchers, and project time reports. A signed Highway Safety Equipment Record card (form DPS 7304) for each piece of equipment costing �S,Q00.00 or mo�e must be submitted with thz claim for reimbursement before paymen[ can be made. D. Reimbursement for costs will no[ be paid on any encumbrance made by the Gran[ee prior to October i. 2000 (or prior to the date that Ihe last signature is ob[ained by Public Satet}�, pursuant ro Minnesota Statute I6C.05, Subd. 2, whichever occurs later) or atter Swtember 30, 2001 .unless reques[ed in writing by the project director (or a successor) who signed this agreement on behalf of the Grantee and if upproved by Public Safety's Office of Traffic Safety, resulting in an amendment to this sgrezment. CDO(H132-OG (8-17-(H)) Minnesota Safe & Sober Geant Public Sa(etyll'raCfic SaCety Task 35, St. Paul Police Department, Puge 3 o � °�a E. The Grantee shall not be reimbursed for expense incurred for work found by Public Safery to be unsatisfac[ory or performed in vio]a[ion of federal or state laws and regulations. F. This grant agreement is contingent upon the State of Minnesota and Public Safety s receivin� funds under the Hiahway Safety Act of 1966 (Public I,aw 89-564), as amended, for the purposes of reimbursing the Grantee for the costs set forth herein. If for any reason the State of Minnesota or Public Safety is prohibited in any way from usin� such funds to reimburse the Grantee for any of tne costs set forth herein, then this agreement sha11 be rmll and void and the State of Minnesota and Public Safety shail have no direct nor ind'uect obligation to reimbwse the Grantee. 4. A�uroved Budeet The budge[ to be reimbursable from federal 402 funds for this Safe & SoGer project is approved as fcllows: Item Enforcemen[ Hours and Frin�e BeneSts Administrative Hours and Fringe Benefiu Equipment (half cos[ o:: specific equipment listed here) Operahng Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purchase of Incentives or Materials TOTAL 5. General Provisions of Grant A. Additional Enforcement Amount $12,750.00 $750.00 $1,500.00 $0.00 �0.00 �0.00 $15,000.00 a) °ub]ic Safety shall rPimburse [he Grantee only for the actual hours worked on the tasks and for other eligible costs only if they aze actually incurred in perfornting the tasks. Personne! costs shall be reimbursed on the basis of hourly salary rate(s) tha[ have been verified and approvzd by Public Safety. A first list of hourly salary and fringe benefit rates of eligible officers mus[ be received by Public Safety no later than November 15, 2000. Changes in sa]ary and fringe ra[es and eligible officers as they occur in the workplace are subject to approval by Public Safety on a continuina basis until the end of the gant agreement. b) Reimbursement will be for actual overtime hours worked and for actuai fringe benefiu paid on those hours. Any alternate plan for claiming direct labor and related fringe costs must be submitted to and approved by Public Safety before the grant beoins. CD00032-OG (8-17-W) Minnesota Safe & Sober Grant Task 35, St. Pau( Police Department, Page 4 PubGc Safety/Traffic Sa(ety S. Travel O�-3qo The Graniee may be reimbursed for travel and subsistence expenses in accordance with, bui �ot to exceed, the current Commissioners' Travel Plan, and the bud�et in Section 4., of ihis aereement. The Grantee shall not be reimbursed for travel and subsistence incurred ouuide the state of Minnesota unless ic has received prior written approvai for each such Vip from Public Safety. " C. Eauioment a) Purchase of equipment or services by the Grantee shall comply with all procurement procedures and laws [hat apply to the Grantee's purchase of similar equipment or services in Che performance of its duties other than iu du[ies under this agreement. b) Any equipment purchased under this agreement shatl be used primarily for traffic safety purposes during the life of the equipmenL The Grantee may not deviate from this requirement, and may not dispose of any eyuipment unless it has first obtained wri[ten permission from Public Safery. c) The Gran[ee shal] be responsible for all operating, maintenance, and repair costs of equipmen[ purchased under this agreement unless otherwise specified. Title to equipmznt acquired under [his ag:eemen[ will vest upon the grantee. D. Indirect Costs Indirec. costs shall not be reimbursed under this agreement. E. Records and Documentation a) The Grantee shall be responsible for keeping records that fuliy disc(ose the amount and disposition of funds and the total cost of the programs or projects for which the funds are provided. The accounting procedures utilized by [he Gcantee shall provide for the accurate and timely recording of the receipt of funds and expenditures. b) The books, records, documents, and accounting procedures and prachces of the Grantee relevant to [his agreement are subject to examination by Pubtic 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 da[e of this grant agreement. c) Grantee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audi[ Act of 1984 (Public Law 98- 502) and Office of Management artd Budget Circular A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorporated by reference. d) All acwunts and records shall be retained by the Grantee for a period of six years after completion of the final audit or until al! litigaUOn, e{aims, or audit fir.dir.gs involving the ruords have been resolved, whichever is later. CD00032-OG 8-17-00) MinnesOta Safe & Sober Grant Public SafetyR'ra(fic Safety Task 35, SL Paui Police Department, Page 5 0 �-2-qb F. O��•nershio of Documents All reports, smdies, photo�raphs, neeatives, or other documents prepared by the Gran[ze in the performance of its obli�ation under this asreement shall be the exclusfve propeay of Pubiic Safety. The Grantee may con[inue to use the materials to promote hiahway safety, bu[ may not sell or offer for sale any documents developed under this agreement, unless a plan [o ruord such sales and make the proceeds available fof traffic safety patposes is approved by Public Safety. G. Amendments a) Any amendments to ihis asreement shall be in writino. b) Minor chanaes in the tasks and budset in Section 2., of Ihis aoreement may bz m2de if requested in writin� by the projzct director (or a successor) on behalf of the Grantee and if approved in writms by Public Safety's Office of Traftic Safery. Chan�es requiring [he approval of the U.S. Department of Transportation or resulting in reimbursement claims in excess of $ 15,000.00 are not minor changes. H. Cancellation a) �lhen Public Safety finds that there has been a failure to comply with the provision of this aareement or with [he provisions of Exhibits II or III, or that the purposes for the funds have not been, or will not be fulfilled, notwithstanding any other provisions of this agreement to [he contrary, Public Safery may take such action as it deems necessary and appropnate to protect the interest of the State of Minnesota, mcludin� [he refusal to disburse additionai funds and requirin� the repayment of any funds already disbursed. b) This agreement may be canceled by Public Safety with or without cause, upon ten (10) days written notice to the other party. In the event of such a cancella[ion the Grantee shatt 6e entitled to reimbursemept for expenses incurred for work or services satisfactorily performed on the tasks up to the daze of cancellation. I. Liabilit l. As permitted by law, the Grantee shall retain any and all liability, and a�rees to indemnify, save, and hold Public Safety, its ageats, and employees harmtess from any and all claims or causes of actson arising from the performance of this a�reement by Grantee or Grantee's agents or employees. This c(ause shall not be construed to bssr any Iegal remedies Grantee may have for Public Safety's failure to fulfill its obliaations pursuant to this agreement. 1. Miscellaneous This agceement sha{I be sub}ect to al{ applicable federai and s[ate statutes and regulations, includino, but not limi[ed to, the following: a) Section 504 of the Rehabilitauon Act ol 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates ro handicapped persons. CDaex132-OG 18-17-OU) Minnesota Saje & Sober Grant Public Satety/fr�ffic Safeiy Task 35, St. Paul Police Department, Page 6 ol_�vo b) 49 CcR Part 23 - Participation by minority business enterprises in Department of Transportaiion Pro�rams; 49 CFR Part 29 Subpart F- The Drug Free Workplace Act of 1988; 23 li.S.C.101 Note and 41 U.S.G l0a - Buy America Act and 49 CFR Part 29 - Certification Reeardins Debarment and Suspension. These provisions are addressed in Exhibit III, which is hereby incorporated by reference and made a part of this aLreemen[ (see Exhibit III). c) Tifle VI of the Civil Rights Act of 19G1, as amended. d) Also, by sibning this a�reement, [he Grantee certifies that the Grantee has a curren� safety bel[ use policy. Public Safety's authorized agent for the purposes of administration of this contract is Paul Schoen , state program administrator of the O�ce of Traffic Safery or his/her successor on staff. The administrazor's address is Suite 150. Town Square. 444 Cedar Sveet. St PauL Minnesota. 5�101-5150 and phone number is 6�1-297-4515 . CD00032-OG (8-t7-00) MinneSOta Safe & Sober Grant Public Sa(ery/i'raff,c Safe�y Task 35, SL Paui Police Department, Page 7 O�-}g4 IN WITNESS WHEREOF, the parties have caused this asreement to be duly exuuted intending to be bound thereby. APPROVED 1 GRANTEE GRANTEE certifiu tha[ the appropriate person(s) have executed the Grant C n ct on behalf of the GRAi�'TEE as required by app cab e Iu, by-lawz, resoluuons, or oiai By. • Titte: Date: Chief of the Stf¢aul Police � 2. COMMISSIO\TER OF PUBLIC SAFETY Delegated to: By: Title_ Director, Office of Traffic Safety Da[e: CD00032-06 (8-17-W) Mianesota Safe & Sober Crrant Pubiic Safety�lta(fic Safety Task 35, St. Paul Police Department, Page 8 Exhibit II 4-22-98 Page 1 of 2 Ol -aq° FEDERAL AUDIT REQUIREMEfJTS 1. For subrecipients who are state (includes (ndian tribes) or local governments if the grantee receives total direct and indirect federal assistance of: `° Equal to or in excess of $300,0�0 or more per year, the graniee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public l..aw 98-502) and the tederal Office of Management and budget (OMB) Circular A-i 33. The law and circular provide that the audit shall cover the entire operations of the grantee govemment or, at the aption of the grantee govemment, it may cover departments, agencies or establishments that received, expended, or othenvise administered tederai financial assistance during the year. Audits shaf( be made annualiy uniess the State os local govemment has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the cognizant agency shall permit biennial audits, covering both years, 'rf the govemment so requesis. It shalt also honor requests for bienniai audits by govemments that have an administrative policy caliing for audits less frequent than annuai, but only ior fiscai years beginning before January 1, �987. 2. For subrecipients who are institutions of higher education, hospitais, or other nonprofit organ'¢ations if the grantee receives total direct and indirect federai assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circufar A-133. However, when the $300,000 or more was received under oniy one program, the subrecipient may have an audit of tha! one program. Audits snall usuai:y be made ann�aily, but noT less treauentty � a� every rive ye�rs. 3. All audits shall be made by an independent auditor. M independent auditor is a state or local govemment auditor or a public accountant who meets the independence standards spec'rfied in the Generai Accounting Office's Standards for Audit of Govemmenta( Oraanizations. Proarams. Activities. and Functions. ' 4. Audft reports shalt state that the audit was periormed in accordance wfth the provisions of OMB Ci-cUlar A-133 ES appiica�,2. The reporting requirements for audit reports shall be in accordance with the American Institute of CertNied Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, 'Special Reports,' as applicabie. Exhibit II 4-22-98 Page 2 of 2 p{-i y The repoR+ng requirements for audit reports on compliance and internal controls shali be in 4ccordznce �, S:f i'��r"i J .S�S 6. "Compliarce Au�r�ng A�,p;;c2b•,e fo ;;over;:re, Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of Siate and Local Governmental Uniis." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or pianned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The grantee agrees that fhe grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Singie Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federal financiai assistance from subrecipients are also required to comply with the Singie Audit Act and the OMS Circuiar A-133, as applicabie. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be fifed with the Office of the State Auditor, Single Audit Division and with the Department of Pubiic Safety, within 30 days zfiter the completion of the audit, but no later than one year after the end of the audit period. The Department of Pub4!c Safety's audit report should be addressed to: Minnesota Department of Public Safety Office.of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipients of more that $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the ciearinghouse at the foliowing address: Bureau of the Census Data Preparation Division 1291 East 10th Street Jefferso�,lndiana 47132 Attn: Single Audit Clearinghouse Exhibit III Page 7 of 3 CERTIFICATIONS AND ASSURANCES 0�� yt{U DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART F1 In accordance with the Drug-Free Workplace Act of 1988 (49 CFR Part 29 Subpart �, the State wil] provide a drug-Cree workplace by: _ a) Publishing a statement nodfyin� employees [hat the unlawful manufacture, distributioq dispensin�, possession or use of a concro(led substance is prohibited in the grantee's workplace and spuifying the actions [hat will be taken a�air�i employees for violation of such prohibi[ion; b) Es.ablishi„g a drua-rzG, awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantees policy of maintaining a dni�-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon emp]oyees for drug abuse violations occurring in the wor},place; c) Making it a requaement tha[ each employee engaged in the performance of the grant be given a copy of tl�e statement required by pazagraph (a); d) Norifying the employee in the statement required by puagraph (a) that, as a condition of emp]oyment under [he grant, the employee will — 1) Abide by the terms of the statement; and 2) Notify !he employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days afrer such conviction. e) Notafying the agency within ten days afrer receiving noUCe under subpz:agraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. � Taking ene of tl:e following actions, vrithin 30 days of receiving notice under subpazagraph (d)(2), wirh respeci [o any empioyee who is so convicted — 1) Taking appropriate personnel aedon against such an employee, up ro and including temunation; or 2) Requiring such employee to pazticipate satisfactorily in a drug abuse assistance or rehabilitation program �ppr�ved for such purposes by a Federal, State, or Iocal health, law enforcement, or other appropriate agency. g) Making a good faith effort [o continue to maintain a drug-free workplace Huough imQlementatio� of pazagraphs (a),(b),(c),(d),(e), and (� above. BUY AMERICA ACT (23 U.S.C. 101 NOTE AND 41 U S.C. 10a1 The State will conply with the p*oyisions of the Buy America Acf. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federal govemment-wide reference is 23 U.S.C. IOa. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the State can show that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably availa6le and ue of an unsatisfactory qaality; or that inclusion of domestic materials wilt increase the cost of the overall project conVacf by more than 25 percent. Clear juslificat7on for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Exhibit III Page 2 of 3 o i-a�o CERTIFICATION REGARDING LOBBYING Certification for Conhacts, Granu, Loans, and Cooperative Agreements 1) No Federal appropriaTed funds have been paid or will be paid, by or on behalf of Ihe undersia ed, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congess, an officer or employee of Congress, or an employee of a Member of Congess in connection with the awazding of any Federal conh [he making of any Federal a ant, the making oP any Federal ]oan, the entering in[o of any cooperative aa eement, and the extension, continuaiion, renewal, amendment, or modification of any Federai conQact, gran[, ]oan, or cooperative ageement. 2) If any funds oYher than Federa] appropriated funds have been paid or will be paid to any person for influencing or aitempting ro influence an o�cer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congcess in connecuon with this Federal contract, grant, loan, or cooperatice agreement, the undersigned shall complete and submi[ Standazd Form-LLL, "Disclosure Form [o Report Loboying," in acco*da�ce with is ir.sU 3) The undersigned shall require that the language of this certification be included in the award dceuments for all subawazds at all aers (including subcon�acu, subgranu, and contracts under granu, loans, and cooperative ageemenu) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Secaon 1352, Tide 31, U.S. Cale. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFTCATION REGARDING DEBARMENT AND SUSPENSiON In accordance with the provisions of 49 CFR Part 29, the State agees that it shall not knowingly enter iato any ageement under its Highway Safety Plan with a person or entity that is barsed, suspended, declared ineligible, or volunrarily excluded from participation in fhe Section 402 program, unless otherwise authorized by IVI3TSA The State further agrees ihat it will include the following clause and accompanying instruction, without modification, in all lower Uer covered transactions, as provided by 49 CFR Part 29, and in al1 solicitafions for lower tier covered transac[ions. Instructions for Certification 1. By signing and submitting tf�is proposai, the prospective lower tier participant is providing the certification set out below. _ 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transactiou was entered into. If it is later determined that the prospective lower tier participant lmowingly rendered an erroneous certification, in addition to othes remedies available to the Federal government, the dep�rtment or agency with which this V•ansaction originated may pursue available remedies, including suspension andlor deba�v�ent 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal u submiaed if at any time the prospecdve lower tier participant learns that iu certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The tems "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction; "principal," "proposal," and "voiuntari7y excluded," as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower Ger participant agrees by submitting this proposal that, should the proposed covered vansaction be entered into, it shall not knowingly enter inro any lowa der covered Vansactions with a person Exhibit III Page 3 of 3 who is debarred, suspended, dulared ineligible, or voluntari]y excluded from participation in this covered transaction, un]ess authorized by the deQartmeni or a�ency with which this transactions orieinated. � o �-i�> 6. The prospective lower tier participant further aarees by submiHino this proposal that it will include this clause [it�ed "Certifica!ior, Regardin� Debarmer.c, Suspeesion, Iaeligibility and Voluntasy Exdusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered tran;actions and ir ai: a„iidtation for;ower [ier covered Vansactions. (See below) ' 7. A participant in a covered transaction may rely upon a ce�tification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineli�ible, or voluntarily excluded from thz covered transactioq unless it knows Ihat the certification is erroneous. A participant ma}� decidz the method and frequer.cy bJ which ii de.ermines the eligibility of its principals. Each participant may, but is eot required tq check the Nonprocurement List. 8. Nothina contained in the foregoing shall be construed to require establishment of a syscem of records in order to render in good faith [he certification required by this clause. The knowled�e and information of a participant is not required to exceed Ihat which is normally possessed by a prudent person in the ordinazy coursz of business dealings. 9. Except for transactions auffiorized under para�aph 5 of these instructions, if a participant in a covered transac[ion knowingly enters into a lower tier covered Vansaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this Vansaction, in addition to o[her remedies avai]able to the Federal government, [he depar[men[ or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certifica[ion Renazding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions I. The prospec[ive lower tier participant certifies, by submission of this proposal, tha[ neither it nor its principals is preser2ly debazreci, sus�endeu, proposed for debarmen[, declared ineligible, or voluntarily excluded from participation in this Vansaction by any Federal depaRment or agerscy. 2. Where the prospective lower tier participant is unable to certify to any of the statements in Ihis certification, such prospective particiQanu shatl attach an explanation to Chis proposal. MINORITY BUSINESS ENTERPRISE REOUIIZEMENTS In accordance wiih the provisions of 49 CFR Part 23, ffie State agsees to abide by the following statements, and shall ensure that these sratements aze included in all subsequent agreements and/or contracts assisted by Section 402 funds: I[ is the policy of the Department of Transportation that minority business enterpr95es, as defined in 49 CFR Par[ 23, shall have the maximum opportunity to participate in ffie performance of conVacts financed in who(e or in part wiih Federal funds under [his agreemenL Consequwdy, the MBE requirements of 49 CFf2 Part 23 apply to this agreement. The recipient or its conVactor agrees to ensure [hat minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity ro participate in the performance of conUacts and subeonvacts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonalzle steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity [o compete for and perform conVacts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. , k. � O�IGI�fAL Presented By: RESOLUTION OF SAINT PAUL, MINNESOT CURRENT BUDGET CHANGE5 ReFerred To: Committee:Date: 1 = 2 WHEREAS, the Saint Paul Police Department has received a$15,000 Safe and Sober Grant from the 3 Minnesota Department of Public Safety for the period October 1, 2000 through September 30, 2001, and 4 5 WH�REAS, this grant was accepted by the City Council on December 27, 2000 (Council File #00-1209); and 6 7 WFIEREAS, this grant is to be used for additional police traffic patrol on specific dates and for equipment 8 necessary for traffic patrol; and 10 WHEREAS, the Police Department needs to establish a spending and financing plan for the remaining 11 Safe and Sober grant funds to be used in 2001; and 12 13 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 14 there are available for appropriation funds in excess of $11,982 of those estimated in the 2001 budget; and 15 16 WHEREAS, The Mayor recommends that the following addirion be made to the 2001 budget: 17 18 19 20 21 FINANCING PLAN: 22 001- General Fund 23 24 25 26 27 28 29 30 31 32 33 34 35 36 04100 - Operations 3199-40057 - Other Federal Direct Grants-State SPENDING PLAN: 001 - General Fund 04100 - Operations 0141 - Overtime 0396-40057 - Field Equipment 0439 - Fringe Benefits Council File # p \ � �,�p Green Sheet # 111716 11,982 13 11,982 �• �• 1,039,561 6,325,173 9,073 1,048,634 1,500 1,500 1,409 6,326,582 > > > > e 37 THEREFORE BE IT RESOLVED, that the CiTy Council approves the changes to the 2001 budget. 38 Requested by Department of: ✓ Adopted by Council:Date:�J�� aj/�j � Adoption Certified by Council Secretary: B Y' �� Approved by Mayor:Date ��8� By: SafeBSoberbudgeLcr.01 Police � � for Sn]�m#ssionyto AMENDED BUDGET Form �[sYUyed by City At : � /� i. .�/� _. �. '� (/ DEPARTMENT/OFFICEICOUNCIL DATE INITIATED PoliceDeparhnent 2/z��ot GREEN SHEET No. 111716 CONTA T PERSON 8 PHONE INI71AUDA INfTUVDAiE ClliefFinIIey 292-3588 1 oevarsrMFxrniaecroR 5 cmcouxa� MUST SE ON COUNCIL AGENDA BY (DATE) ./� O`�}gO il Please process ASAP :�crtr arrow�Er 1� ,� ❑crrr c�wc �FINNNqpLSERNCESDI �FlNlWCW.SERV/ACGTG �MAYOR(ORASSISTANT� �NUMMIRIGNTS TOTAI # OF SIGNATISRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolution establishing a 2001 spending and financing plan for the Safe and Sober Crrant. �� t �w� y �t�r �� ; � � f? '� 3 �u�� RECOMMENDATION ApproVe (A) of Rejett (R) PERSONAL SERNCE CONTRACTS MUSTANSWERTHE FOLLOWING �UESTIONS: 1. Has this person/frtn ever worked under a wntract forthis departmenT� PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this person/frm ever been a ciry employee? CIVIL SERVICE COMMlSS10N YES NO 3. Does this persoNfirtn possess a skill not normally possessed by any current city employee? YES NO 4. Is this pereon/frtn a targeted vendor7 YES NO Explain ali yes answers on separate sheet and atfach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WH1� The State of Minnesota Department of Public Safety awazded a$15,000 Safe and Sober gant to the Saint Paul Police Depariment for traffic control October 1, 2000 through September 30, 2001. The City Council accepted this grant on December 2T, 2000 (Council File #00-1209). A spending and financing plan needs to be established for the remaiiiing Safe and Sober grant funds to be used in 2001. (Attached is a copy of the grant.) ADVANTAGESIFAPPROVEO Increased traffic pahol on specific dates. �� DISADVANTAGESIFAPPROVED �'tA� , �,,; ona. �r `� f�.=.. DISADVANTAGES IF NOT APPROVED �� p, ��Y! �� H d..e Inability to use grant funding for increased traffic patrol. TOTAL AMOUNT OF TRANSACTION $ 11,9$2 . COST/REVENUE BUDGETED (CIRCLE ONE) YES NO �UNDINGSOURCE M1nnCSOTa.DePaltnlCntOPPubliCSafety ACTNINNUMBER 041�� FINANCIAL WFORMATION (EXPLAIN) Safe&S oberbudget. gs.01 + 1►- . _ . . STATE OF NIINNESOTA b�_y�o ENCUMBRANCE WORKSHEET A�eccy: P07 FiscalYear: Ol VendorNumber:06679U002 00 TotalPmcunt $15,000.00 AmountFustFY: 515,000.00 Comu!odity Code: 023 09 Co�:modity Code: Commodity Code: Object Code: SB00 Object Code: Objeci Code: Amount: $15,000.00 Amount: Amount; Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 3Q0 Fund: Fund: Appr: 92C Appr: Appr: OrgfSub: 9240 OrgJSub: Org/Sub: Rept Catg: 0404 Rept Catg: Rept Catg: Amount: $15,000.00 Amount: Amount: ri uceaaiug wiurmauuu: ��ome enmes nay noi appty) Requisition: (,/��l`(j - �[ ///��/j!j � Solicitatioa: Number/Date/Entry Initial�� NumberlDate/£ntry Initials Contract: Order: �'�,�(� �' �9j � Numbe:/'�a�n�t� L�irials Number/Date,�SiUnatu:e . (Individual signmg cerriftu that funds have been encumbered as requrred by Minn. StaL l6A15 axd 16C.05.) NOTICE TO GRANTEE: You are mquired by Minnesota Statutes, Section 270.66 ro provide your social security number or Fedemi employer tu idenrificaUOn number and MinnesoW tax identification number if you do business with tfie State of Miunesota. Tlus infocmation may be useci in the enfo�cement of fedecal a� state ta< laws. Supplying Yhese munbe� could resul[ in action to require you to file state tac retums and pay delinquent sta[e tax liabilines. This contract will not be aoomved un7ess these nwnbers aze pro ided These numbers will be available to fedeml and state ta< authorities and state peisonnel involved in approving the w¢tact snd the aymen[ of r„[e ebligations. Grantee Name and Address: Sk Paul Police Department 100 E. llth St. St. Paul, MN 55101 Sce. Sec. or Fedea] Fmployer I D. No. � Minnesota Tas I.D. No. (if applicable) THIS PAGE OF THE CONTRACT CONTAINS PRIVATE INFOIiMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITH�U'i' EXPRESS WRITTEN PERNIISSION OF THE CONaRA�Td3��t Ifyou circulafe tltis contract internaily, only ojj that require access to the tax identification number AND all individuals/o�ces signing this contract should have aceess to this page. CD00032-06 (09-09-99) Minnesota Saje & Sober Grant Public Safery/f'm�c Safery Task 35,St. Paul Police Departrnent � GRANT AGREEMENT BETWEEN THE MINNESOTA DEPARTME\T OF P"JB:,IC SAFETY 9ND THE b \ - a -°10 ST. PAUL POLICE DEPARTMENT Federal Funds provided under U. S. Department of Tsansportation's State and Community Hi�hway Safery Program, Federal Catalog Number 20.6000. The parties to this ao eement are ihe Department of Public Safery of the State of Minneso[a hereinafter rzferred to as "Public Safety," and the St Paul Police Department , address 100 E. llth St.. St. Paul, NI� 55101 , hereinafrer referred to as the "Grantez.° WHEREAS, pursuant to Minnesota Statutes 4.075, Pub]ic Safety has been designated as thz appropriate aQency to receive, allocace and disburse federal monies provided under the National Hi�hway Safety Act of 1966 (Public Law 89-564) as amended, and: WHEREAS, Public Safety has a Highway Safety project entitled Safe & Sober Communiues , number 01-0�-04. Task 35 fundzd under this ]aw, and: WHEREAS, the Grantee is authorized pursuant to Minnesota Statutes 4.075 to receive such funds as may be available for such purposes and has obtained a resolution authorizing the a ant from their city councii or county board of commissioners ([he resolu[ion is Exhibit I, which is hereby incorporated by refecence and made a part of this agreement); Now, tnerefore, the parties agree as follows: 1. Terms o£ Grant Aareement This grant agreemert shatl be efiecL;ve c;� Octc: �; 1 , 2000 , or upon the date that the final required signature is obtained by Public Safety, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and shall remain m effect undl Seotember 30 , 2001 , or until all obligations se[ forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. The GRANTEE undersiands that NO work should begin under this Grant en61 ALL required signatures have been obtained and GRANTEE is notified to begin work by Public Safety's Authorized Representative. 2. Grantee's Dutiec The Grantee will pazticipate in the Safe & Sober campaign, a program which seeks to increase compliance with Vaffic safety laws, with emphasis on driving whi]e impaired and passenger protection by enhanced enforcement of those laws coupled with educa[ion and media relations. The [wo-pronged approach is designed to inerease the publids perception of Ihe likelihood of suffering nega[ive consequences if they fai] to comply. The Gran[ee will participate in seven Safe & Sober waves in accerdarce with the following calendar: 2001 MINNESOTA SAFE & SOBER Safe & Sober Enhanced Wave Focus Area Pre-Enforcement Media Enforcement Post-Enforcement Media Belts or I Nov. IS — 21, 2000 I Nov. 22 — 26, 2000 Aggressive * Seat belt Survey � Driving CD00032 (8 Minnesota Safe & Sober Grant Task 35, St. Paul Police Department, Page 1 Nat required Public Safety/Tra(fic Safety �• . a +-�io Safe & Sober Enh2r.ced Post-Enforcement Media Wave Fceus Area Pre-Enforcement Media Enforcement & Seat Bel[ Surveys 2 Impaired Nov. 25 - 29 Nov. 30-Dec. 2, Dec. 7-9, 14-16, 1an. 2- 8, 2001 Drivina Dec. 29, 2000 - Jan. 1, Z001 " Seat belt Survey 3 Belts or Feb. 7- 13, 2001 Feb. 14 -17, 2001 Feb. 18 - 24, 2001 Ao�essive " Seat belt Survey Drivin� 4 Youth April 26 - May 3, 2001 2001 Proms, May 3-�, 10-12, 17- June 3- 9, Z001 19, 24-26, May 31 - June 2 ^ Seat bzlt Survey 5 Occupant June 21 - 27, 2001 June 28 - 7uly 7, 2001 7uly 8- 14, 2001 Protection 6 Belts or July 22 - 28, 2001 July 26 - 29, 2001 7uly 30 - Ausust 5, 2Q01 Aegressive x Sea[ beft Survey Driving 7 Distracted Au�ust 18 - 24, 2001 August 25 - Szptember 3, 2001 September 4- 10, 2001 Driving " Sea[ bzlt Survey The dates in the table give the windows for each period. During the youth wave and most of the impaired drivin� wave, the enforcement window consists largely of Thursdays, Fridays, and Saturdays. Early Sunday mornings are not excluded from those enforcement windows. Sundays after dawn are excluded from those wmdows. High school proms held in April, May and June are covered by the youth window whe[her or not the datz is listed in the calendar. Participadon in Safe & Sober 2001 is further defined as: A. Scheduling and conducting approximately 250 hoars of additional (that is, not regularly scheduled) traffic pairo] during each of the `our longe: Safe & Sober enforcement periods and 62 hours of additional traffic patrol dunng eaci o� tne three shorter enforcement periods. B. Scheduling and conducting approxima[ely 0 hours of additionat traffic patrol outside of [he four Safe & Sober enforcement periods. C. These traffic pa7ols will be conducted using only those officers whom Public Safety approves as e]igible. Eligibility is defrned as compleUOn of Occupant Protecticn Usage and Bn�u:ce::�en: (OPIJ� end S[andardized Field Sobriety Testing (SFST) courses for agencies participating for a first year in the grant program and those courses, as well as Advanced SFST: Drugs That Impair, for agencies participating for a second or subsequen[ year in [he grant program. D. Scheduling and wnducting informal seat belt surveys at 5 sites during each of the following [ime periods: Nov. IS - 21, 2000; Jan. 2-8, 2001; Feb. IS-24, 2001; June 3-9, 2001; Iuly 30-August 5, 2001; and Sept. 4- 10, 2ffX11. E. Informing the media of [he Safe & So6er program and keeping them apprised of resulu and focus issues. Through the media and other oudets as decided by the Grantee, informing the publie of the program and focus issues. F. Submitting a written plan for the enforcement and public/media relations before each wave on or before Navember I5, 20�0, (covering waves I and 2); February 7, 2001; Aprit 26, 2001; June 21, 2001 (covering waves 5 and 6); and August 18. 2001 on a form provided by Pubiic Safety. CD00032-OG (8-17-00) Minneso[a Safe & SoGer Grant Pubiic Sa(ny/i'raffic Safciy Task 35, St. Paul Police Department, Page 2 ` . � 6�_ �.�� G_ Submitting a written report on the enforcement and p�blic/media relations results ot zach wave on January 8, 2001 (coveriog waves 1 and 2); February 24, 2001; June 9, 2001; Auoust �, 2001 (covzrine waves � and 6); and September 10. 2001 on a form provided by Pubiic Safety. H. Submitting a final wr:tten report summarizing the results of all four waves, and dzscribina progress made towazds reaching each objective and the special project undertaken (if any) no la[zr than November li; 200 L The final report shalt be submitted at the same time as the final claim for reimbursement. I. Striving to increase enforcement which can reasonably be expected [o fulfil! the purpose of [he aran[ by decreasin� the incidence of drivin� while impaired, increasing ihe use of szat bzlcs, and increasins [he public's perception of the likelihood of being stopped for violations of trafflc safzry laws. Public Safety wili provide compara[ive statistics afrer each reporting period. 3. Striving to increase the number of D�VI arrests in thejurisdiction(s) covered by the �rant. K. If applicable, (when the grantee is the lead agency iia a grant coveruig nvo or more enforcemeiit ageiicies); summarize the plans, reperts, and invoices for the N/A enforcement aeencies inro a sin�le plan, report, and invoice for each wave of the program and submit it to Public Safety. (Chief enforcement officers from each agency covered by this gran[ agreem�nt must sign this agreement — see signature paQe.) 3. Terms for Reimbursement A. Public Safety shali reimburse, the Grantee up to a maximum of � 15,000.00 for the costs incurred by the Grantee in performing the [asks in Section Z of Ihis agreement. This reimbursement will be made from funds made available through the Highway Safety Act of 1966 (Public Law 89-564) and amendments thereto. The Grantee shall `oe reimbursed only for those costs that the budozc in Section 4., of this �_..__c_ reci:aes [o be reimbursable costs. ln acd<<i�n, Publ.c S�fety wili reimburse the Grantee oniy for such of these costs that Public Safety, in its sole discretion, considers to be rzasonable and consistent ., _.. _ �. �_res that are in Section 4 of this agreement. B. Public Safety shall reimburse the Grantee only after costs are incurred and paid by the Gran[ee. Claims for reimbursement shall be submitted by the Grantee on forms provided by Pubhc Safety. Claims for ccimburs.°ment nzy be submitted as ofren as monthl}; a claim must be submitted by February 11, 2001 (for waves I and Z); March 24, 2001 (for wave 3); July 7, 2001 (for wave 4); and October 9, 2001 (for waves 5, 6, and 7). Any final claim mus[ be submitted by November 1S. 2001 ; after Ihat date reimbursement cannot be approved, The final daim shall be accompanied by the final report. C. AII claims for reimbursement shall be supported by wri[[en documentation includmg rece�pts, invoices, vavel vouchers, and project time reports. A signed Highway Safety Equipment Record card (form DPS 7304) for each piece of equipment costing �S,Q00.00 or mo�e must be submitted with thz claim for reimbursement before paymen[ can be made. D. Reimbursement for costs will no[ be paid on any encumbrance made by the Gran[ee prior to October i. 2000 (or prior to the date that Ihe last signature is ob[ained by Public Satet}�, pursuant ro Minnesota Statute I6C.05, Subd. 2, whichever occurs later) or atter Swtember 30, 2001 .unless reques[ed in writing by the project director (or a successor) who signed this agreement on behalf of the Grantee and if upproved by Public Safety's Office of Traffic Safety, resulting in an amendment to this sgrezment. CDO(H132-OG (8-17-(H)) Minnesota Safe & Sober Geant Public Sa(etyll'raCfic SaCety Task 35, St. Paul Police Department, Puge 3 o � °�a E. The Grantee shall not be reimbursed for expense incurred for work found by Public Safery to be unsatisfac[ory or performed in vio]a[ion of federal or state laws and regulations. F. This grant agreement is contingent upon the State of Minnesota and Public Safety s receivin� funds under the Hiahway Safety Act of 1966 (Public I,aw 89-564), as amended, for the purposes of reimbursing the Grantee for the costs set forth herein. If for any reason the State of Minnesota or Public Safety is prohibited in any way from usin� such funds to reimburse the Grantee for any of tne costs set forth herein, then this agreement sha11 be rmll and void and the State of Minnesota and Public Safety shail have no direct nor ind'uect obligation to reimbwse the Grantee. 4. A�uroved Budeet The budge[ to be reimbursable from federal 402 funds for this Safe & SoGer project is approved as fcllows: Item Enforcemen[ Hours and Frin�e BeneSts Administrative Hours and Fringe Benefiu Equipment (half cos[ o:: specific equipment listed here) Operahng Vehicles (per mile basis) Conferences/Meetings Travel, Lodging and Per Diem Purchase of Incentives or Materials TOTAL 5. General Provisions of Grant A. Additional Enforcement Amount $12,750.00 $750.00 $1,500.00 $0.00 �0.00 �0.00 $15,000.00 a) °ub]ic Safety shall rPimburse [he Grantee only for the actual hours worked on the tasks and for other eligible costs only if they aze actually incurred in perfornting the tasks. Personne! costs shall be reimbursed on the basis of hourly salary rate(s) tha[ have been verified and approvzd by Public Safety. A first list of hourly salary and fringe benefit rates of eligible officers mus[ be received by Public Safety no later than November 15, 2000. Changes in sa]ary and fringe ra[es and eligible officers as they occur in the workplace are subject to approval by Public Safety on a continuina basis until the end of the gant agreement. b) Reimbursement will be for actual overtime hours worked and for actuai fringe benefiu paid on those hours. Any alternate plan for claiming direct labor and related fringe costs must be submitted to and approved by Public Safety before the grant beoins. CD00032-OG (8-17-W) Minnesota Safe & Sober Grant Task 35, St. Pau( Police Department, Page 4 PubGc Safety/Traffic Sa(ety S. Travel O�-3qo The Graniee may be reimbursed for travel and subsistence expenses in accordance with, bui �ot to exceed, the current Commissioners' Travel Plan, and the bud�et in Section 4., of ihis aereement. The Grantee shall not be reimbursed for travel and subsistence incurred ouuide the state of Minnesota unless ic has received prior written approvai for each such Vip from Public Safety. " C. Eauioment a) Purchase of equipment or services by the Grantee shall comply with all procurement procedures and laws [hat apply to the Grantee's purchase of similar equipment or services in Che performance of its duties other than iu du[ies under this agreement. b) Any equipment purchased under this agreement shatl be used primarily for traffic safety purposes during the life of the equipmenL The Grantee may not deviate from this requirement, and may not dispose of any eyuipment unless it has first obtained wri[ten permission from Public Safery. c) The Gran[ee shal] be responsible for all operating, maintenance, and repair costs of equipmen[ purchased under this agreement unless otherwise specified. Title to equipmznt acquired under [his ag:eemen[ will vest upon the grantee. D. Indirect Costs Indirec. costs shall not be reimbursed under this agreement. E. Records and Documentation a) The Grantee shall be responsible for keeping records that fuliy disc(ose the amount and disposition of funds and the total cost of the programs or projects for which the funds are provided. The accounting procedures utilized by [he Gcantee shall provide for the accurate and timely recording of the receipt of funds and expenditures. b) The books, records, documents, and accounting procedures and prachces of the Grantee relevant to [his agreement are subject to examination by Pubtic 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 da[e of this grant agreement. c) Grantee shall obtain an annual (or biennial covering both years) financial and compliance audit, made by an independent auditor, in accordance with Single Audi[ Act of 1984 (Public Law 98- 502) and Office of Management artd Budget Circular A-133. Exhibit II, Federal Audit Requirements, is binding upon the Grantee and is hereby incorporated by reference. d) All acwunts and records shall be retained by the Grantee for a period of six years after completion of the final audit or until al! litigaUOn, e{aims, or audit fir.dir.gs involving the ruords have been resolved, whichever is later. CD00032-OG 8-17-00) MinnesOta Safe & Sober Grant Public SafetyR'ra(fic Safety Task 35, SL Paui Police Department, Page 5 0 �-2-qb F. O��•nershio of Documents All reports, smdies, photo�raphs, neeatives, or other documents prepared by the Gran[ze in the performance of its obli�ation under this asreement shall be the exclusfve propeay of Pubiic Safety. The Grantee may con[inue to use the materials to promote hiahway safety, bu[ may not sell or offer for sale any documents developed under this agreement, unless a plan [o ruord such sales and make the proceeds available fof traffic safety patposes is approved by Public Safety. G. Amendments a) Any amendments to ihis asreement shall be in writino. b) Minor chanaes in the tasks and budset in Section 2., of Ihis aoreement may bz m2de if requested in writin� by the projzct director (or a successor) on behalf of the Grantee and if approved in writms by Public Safety's Office of Traftic Safery. Chan�es requiring [he approval of the U.S. Department of Transportation or resulting in reimbursement claims in excess of $ 15,000.00 are not minor changes. H. Cancellation a) �lhen Public Safety finds that there has been a failure to comply with the provision of this aareement or with [he provisions of Exhibits II or III, or that the purposes for the funds have not been, or will not be fulfilled, notwithstanding any other provisions of this agreement to [he contrary, Public Safery may take such action as it deems necessary and appropnate to protect the interest of the State of Minnesota, mcludin� [he refusal to disburse additionai funds and requirin� the repayment of any funds already disbursed. b) This agreement may be canceled by Public Safety with or without cause, upon ten (10) days written notice to the other party. In the event of such a cancella[ion the Grantee shatt 6e entitled to reimbursemept for expenses incurred for work or services satisfactorily performed on the tasks up to the daze of cancellation. I. Liabilit l. As permitted by law, the Grantee shall retain any and all liability, and a�rees to indemnify, save, and hold Public Safety, its ageats, and employees harmtess from any and all claims or causes of actson arising from the performance of this a�reement by Grantee or Grantee's agents or employees. This c(ause shall not be construed to bssr any Iegal remedies Grantee may have for Public Safety's failure to fulfill its obliaations pursuant to this agreement. 1. Miscellaneous This agceement sha{I be sub}ect to al{ applicable federai and s[ate statutes and regulations, includino, but not limi[ed to, the following: a) Section 504 of the Rehabilitauon Act ol 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates ro handicapped persons. CDaex132-OG 18-17-OU) Minnesota Saje & Sober Grant Public Satety/fr�ffic Safeiy Task 35, St. Paul Police Department, Page 6 ol_�vo b) 49 CcR Part 23 - Participation by minority business enterprises in Department of Transportaiion Pro�rams; 49 CFR Part 29 Subpart F- The Drug Free Workplace Act of 1988; 23 li.S.C.101 Note and 41 U.S.G l0a - Buy America Act and 49 CFR Part 29 - Certification Reeardins Debarment and Suspension. These provisions are addressed in Exhibit III, which is hereby incorporated by reference and made a part of this aLreemen[ (see Exhibit III). c) Tifle VI of the Civil Rights Act of 19G1, as amended. d) Also, by sibning this a�reement, [he Grantee certifies that the Grantee has a curren� safety bel[ use policy. Public Safety's authorized agent for the purposes of administration of this contract is Paul Schoen , state program administrator of the O�ce of Traffic Safery or his/her successor on staff. The administrazor's address is Suite 150. Town Square. 444 Cedar Sveet. St PauL Minnesota. 5�101-5150 and phone number is 6�1-297-4515 . CD00032-OG (8-t7-00) MinneSOta Safe & Sober Grant Public Sa(ery/i'raff,c Safe�y Task 35, SL Paui Police Department, Page 7 O�-}g4 IN WITNESS WHEREOF, the parties have caused this asreement to be duly exuuted intending to be bound thereby. APPROVED 1 GRANTEE GRANTEE certifiu tha[ the appropriate person(s) have executed the Grant C n ct on behalf of the GRAi�'TEE as required by app cab e Iu, by-lawz, resoluuons, or oiai By. • Titte: Date: Chief of the Stf¢aul Police � 2. COMMISSIO\TER OF PUBLIC SAFETY Delegated to: By: Title_ Director, Office of Traffic Safety Da[e: CD00032-06 (8-17-W) Mianesota Safe & Sober Crrant Pubiic Safety�lta(fic Safety Task 35, St. Paul Police Department, Page 8 Exhibit II 4-22-98 Page 1 of 2 Ol -aq° FEDERAL AUDIT REQUIREMEfJTS 1. For subrecipients who are state (includes (ndian tribes) or local governments if the grantee receives total direct and indirect federal assistance of: `° Equal to or in excess of $300,0�0 or more per year, the graniee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public l..aw 98-502) and the tederal Office of Management and budget (OMB) Circular A-i 33. The law and circular provide that the audit shall cover the entire operations of the grantee govemment or, at the aption of the grantee govemment, it may cover departments, agencies or establishments that received, expended, or othenvise administered tederai financial assistance during the year. Audits shaf( be made annualiy uniess the State os local govemment has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the cognizant agency shall permit biennial audits, covering both years, 'rf the govemment so requesis. It shalt also honor requests for bienniai audits by govemments that have an administrative policy caliing for audits less frequent than annuai, but only ior fiscai years beginning before January 1, �987. 2. For subrecipients who are institutions of higher education, hospitais, or other nonprofit organ'¢ations if the grantee receives total direct and indirect federai assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circufar A-133. However, when the $300,000 or more was received under oniy one program, the subrecipient may have an audit of tha! one program. Audits snall usuai:y be made ann�aily, but noT less treauentty � a� every rive ye�rs. 3. All audits shall be made by an independent auditor. M independent auditor is a state or local govemment auditor or a public accountant who meets the independence standards spec'rfied in the Generai Accounting Office's Standards for Audit of Govemmenta( Oraanizations. Proarams. Activities. and Functions. ' 4. Audft reports shalt state that the audit was periormed in accordance wfth the provisions of OMB Ci-cUlar A-133 ES appiica�,2. The reporting requirements for audit reports shall be in accordance with the American Institute of CertNied Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, 'Special Reports,' as applicabie. Exhibit II 4-22-98 Page 2 of 2 p{-i y The repoR+ng requirements for audit reports on compliance and internal controls shali be in 4ccordznce �, S:f i'��r"i J .S�S 6. "Compliarce Au�r�ng A�,p;;c2b•,e fo ;;over;:re, Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of Siate and Local Governmental Uniis." In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or pianned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The grantee agrees that fhe grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Singie Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federal financiai assistance from subrecipients are also required to comply with the Singie Audit Act and the OMS Circuiar A-133, as applicabie. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be fifed with the Office of the State Auditor, Single Audit Division and with the Department of Pubiic Safety, within 30 days zfiter the completion of the audit, but no later than one year after the end of the audit period. The Department of Pub4!c Safety's audit report should be addressed to: Minnesota Department of Public Safety Office.of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipients of more that $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the ciearinghouse at the foliowing address: Bureau of the Census Data Preparation Division 1291 East 10th Street Jefferso�,lndiana 47132 Attn: Single Audit Clearinghouse Exhibit III Page 7 of 3 CERTIFICATIONS AND ASSURANCES 0�� yt{U DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART F1 In accordance with the Drug-Free Workplace Act of 1988 (49 CFR Part 29 Subpart �, the State wil] provide a drug-Cree workplace by: _ a) Publishing a statement nodfyin� employees [hat the unlawful manufacture, distributioq dispensin�, possession or use of a concro(led substance is prohibited in the grantee's workplace and spuifying the actions [hat will be taken a�air�i employees for violation of such prohibi[ion; b) Es.ablishi„g a drua-rzG, awareness program to inform employees about: 1) The dangers of drug abuse in the workplace; 2) The grantees policy of maintaining a dni�-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon emp]oyees for drug abuse violations occurring in the wor},place; c) Making it a requaement tha[ each employee engaged in the performance of the grant be given a copy of tl�e statement required by pazagraph (a); d) Norifying the employee in the statement required by puagraph (a) that, as a condition of emp]oyment under [he grant, the employee will — 1) Abide by the terms of the statement; and 2) Notify !he employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days afrer such conviction. e) Notafying the agency within ten days afrer receiving noUCe under subpz:agraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. � Taking ene of tl:e following actions, vrithin 30 days of receiving notice under subpazagraph (d)(2), wirh respeci [o any empioyee who is so convicted — 1) Taking appropriate personnel aedon against such an employee, up ro and including temunation; or 2) Requiring such employee to pazticipate satisfactorily in a drug abuse assistance or rehabilitation program �ppr�ved for such purposes by a Federal, State, or Iocal health, law enforcement, or other appropriate agency. g) Making a good faith effort [o continue to maintain a drug-free workplace Huough imQlementatio� of pazagraphs (a),(b),(c),(d),(e), and (� above. BUY AMERICA ACT (23 U.S.C. 101 NOTE AND 41 U S.C. 10a1 The State will conply with the p*oyisions of the Buy America Acf. The DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federal govemment-wide reference is 23 U.S.C. IOa. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the State can show that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably availa6le and ue of an unsatisfactory qaality; or that inclusion of domestic materials wilt increase the cost of the overall project conVacf by more than 25 percent. Clear juslificat7on for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Exhibit III Page 2 of 3 o i-a�o CERTIFICATION REGARDING LOBBYING Certification for Conhacts, Granu, Loans, and Cooperative Agreements 1) No Federal appropriaTed funds have been paid or will be paid, by or on behalf of Ihe undersia ed, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congess, an officer or employee of Congress, or an employee of a Member of Congess in connection with the awazding of any Federal conh [he making of any Federal a ant, the making oP any Federal ]oan, the entering in[o of any cooperative aa eement, and the extension, continuaiion, renewal, amendment, or modification of any Federai conQact, gran[, ]oan, or cooperative ageement. 2) If any funds oYher than Federa] appropriated funds have been paid or will be paid to any person for influencing or aitempting ro influence an o�cer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congcess in connecuon with this Federal contract, grant, loan, or cooperatice agreement, the undersigned shall complete and submi[ Standazd Form-LLL, "Disclosure Form [o Report Loboying," in acco*da�ce with is ir.sU 3) The undersigned shall require that the language of this certification be included in the award dceuments for all subawazds at all aers (including subcon�acu, subgranu, and contracts under granu, loans, and cooperative ageemenu) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Secaon 1352, Tide 31, U.S. Cale. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFTCATION REGARDING DEBARMENT AND SUSPENSiON In accordance with the provisions of 49 CFR Part 29, the State agees that it shall not knowingly enter iato any ageement under its Highway Safety Plan with a person or entity that is barsed, suspended, declared ineligible, or volunrarily excluded from participation in fhe Section 402 program, unless otherwise authorized by IVI3TSA The State further agrees ihat it will include the following clause and accompanying instruction, without modification, in all lower Uer covered transactions, as provided by 49 CFR Part 29, and in al1 solicitafions for lower tier covered transac[ions. Instructions for Certification 1. By signing and submitting tf�is proposai, the prospective lower tier participant is providing the certification set out below. _ 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transactiou was entered into. If it is later determined that the prospective lower tier participant lmowingly rendered an erroneous certification, in addition to othes remedies available to the Federal government, the dep�rtment or agency with which this V•ansaction originated may pursue available remedies, including suspension andlor deba�v�ent 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal u submiaed if at any time the prospecdve lower tier participant learns that iu certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The tems "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction; "principal," "proposal," and "voiuntari7y excluded," as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower Ger participant agrees by submitting this proposal that, should the proposed covered vansaction be entered into, it shall not knowingly enter inro any lowa der covered Vansactions with a person Exhibit III Page 3 of 3 who is debarred, suspended, dulared ineligible, or voluntari]y excluded from participation in this covered transaction, un]ess authorized by the deQartmeni or a�ency with which this transactions orieinated. � o �-i�> 6. The prospective lower tier participant further aarees by submiHino this proposal that it will include this clause [it�ed "Certifica!ior, Regardin� Debarmer.c, Suspeesion, Iaeligibility and Voluntasy Exdusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered tran;actions and ir ai: a„iidtation for;ower [ier covered Vansactions. (See below) ' 7. A participant in a covered transaction may rely upon a ce�tification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineli�ible, or voluntarily excluded from thz covered transactioq unless it knows Ihat the certification is erroneous. A participant ma}� decidz the method and frequer.cy bJ which ii de.ermines the eligibility of its principals. Each participant may, but is eot required tq check the Nonprocurement List. 8. Nothina contained in the foregoing shall be construed to require establishment of a syscem of records in order to render in good faith [he certification required by this clause. The knowled�e and information of a participant is not required to exceed Ihat which is normally possessed by a prudent person in the ordinazy coursz of business dealings. 9. Except for transactions auffiorized under para�aph 5 of these instructions, if a participant in a covered transac[ion knowingly enters into a lower tier covered Vansaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this Vansaction, in addition to o[her remedies avai]able to the Federal government, [he depar[men[ or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certifica[ion Renazding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions I. The prospec[ive lower tier participant certifies, by submission of this proposal, tha[ neither it nor its principals is preser2ly debazreci, sus�endeu, proposed for debarmen[, declared ineligible, or voluntarily excluded from participation in this Vansaction by any Federal depaRment or agerscy. 2. Where the prospective lower tier participant is unable to certify to any of the statements in Ihis certification, such prospective particiQanu shatl attach an explanation to Chis proposal. MINORITY BUSINESS ENTERPRISE REOUIIZEMENTS In accordance wiih the provisions of 49 CFR Part 23, ffie State agsees to abide by the following statements, and shall ensure that these sratements aze included in all subsequent agreements and/or contracts assisted by Section 402 funds: I[ is the policy of the Department of Transportation that minority business enterpr95es, as defined in 49 CFR Par[ 23, shall have the maximum opportunity to participate in ffie performance of conVacts financed in who(e or in part wiih Federal funds under [his agreemenL Consequwdy, the MBE requirements of 49 CFf2 Part 23 apply to this agreement. The recipient or its conVactor agrees to ensure [hat minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity ro participate in the performance of conUacts and subeonvacts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonalzle steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity [o compete for and perform conVacts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts.