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02-202��4Gl�AL Council File # Q �� �.p�„� Green Sheet# 20�826 RESOLUTION CITY OF SAINT PATI., NIINNESOTA Presented By: Referred To: 1 WHEREAS, the State of Minnesota has awarded a gtant to the Saint Paul Police Department for the 2 period February 1, 2002 through September 30, 2002; and 3 4 WHEREAS, the purpose of this grant is to reduce the number of pedestrian fatalities and injuries and 5 educate pedestrians and drivers about the State of Minnesota's pedestrian crosswalk statute; and 6 7 WHEREAS, the City of Saint Paul Police Department needs to establish a 2002 financing and spending 8 plan for this grant; and 9 10 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 11 there are available for appropriation funds of $10,000 in excess of those estimated in the 2002 budget; and 12 13 WHEREAS, The Mayor recommends that the following addition be made to the 2002 budget: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 F7NANCING PLAN: 436-Police Special Projects Fund 34301-Pedestrian Crosswalk Grant 3199-Other Federal Direet Grants-State SPENDING PLAN: 436-Police Special Projects Fund 34301-Pedestrian Crosswalk Grant 0141-Overtime 0439-Fringe Benefits Secretary: 28 29 THEREFORE BE IT RESOLVED, that the City Council accepts tlus grant award, authorizes the 30 City of Saint Paul to enter into, and Cluef William Finney to implement the attached agreement with the 31 State of Minnesota, and approves the changes to the 2002 budget. 32 Requested by Department of: By: Committee:Date: CURRENT BUDGET CIIANGES 10,000 1� AMENDED BUDGET 10,000 0 10,000 10,000 0 8,800 8,800 0 1,200 1,200 0 10,000 10,000 Services Director: Adopted Coui�ci Adopti n Certified By: z Approv ayc B �� By: � � by City Attarney: for � to 34307 PedestrianCrosswalkGrant.cr.02 t DEAARTMENT/OFFICE/COUNCIL DATE INITIATED Rolicebepartment 2/15102 GREEN SHEET No. 200826 L TACTP RSON&PH E INITfAUDATE INITIAVDATE Ch10fFimiey 292-3588 7 oevamrFxro�aecrox_ 5 couxa� MUS BE ON COUNCIL AGENDA BY (DATE) �^ ��-� PleasepxoeessASAP ❑3 cmnrrom,e,r `_ v ❑cmc�wc �FUw�cw.sErsncesouc_ �wwauseawnccrc � �r �swYOR(ORASSISTMR)_ � uwwwexrs �.�� u TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) C710t8 RE4UESTED Appioval of the attached councIl resolution accepting a gant from the State of Minuesota foi pedestrian crosswalk safety, authozizing the City of Saint Paul to enter into, and Clrief William Finney to implement an agreement wiffi the State of Minnesota, and establishing a 2002 financing and spending plan for the gant. RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUSTANSWER THE FOLLOWING QUESTIONS: 1. Has this person/firtn sver worketl untler a Contract for this tleparlmenY? PLANNING COMMISSION YES nl0 CIB COMMIT�EE 2. Has ihis person/firm ever been a city employee? CNIL SERVICE COMMISSION YES NO 3. Ooes this persaNfirtn possess a skill not nortnally possessed by any wrtent city employee? YES NO 4 Is this personffirtn a targeted ventloR YES NO Explain all yes answers on separate sheet and attach W green sheet INITIATING PROBLEM ISSUE, OPPOR7UNIN (WHO, WHAT, WHEN, WHERE, WHY) The State of Minnesota has awazded a grant to the Saint Paul Police Departwem for the period Febmary 1, 2002 through September 30, 2002. The purpose of this grant is to reduce the munbex of pedestrian fatalities and injuries and educate pedestrians and drivers about the State of Minnesota's pedeshian crosswalk stahrte. A 2002 financing and spending plan needs to be established for tlus grant. ADVANTAGES IF APPROVED � � � � $ 9, ( � ?f Ability to use gant funds available to reduce pedestrian injuries and fataliries. �1AR � � 10�� DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED Inab�lity to use gant funds available. ����� ���'��� �4 G. „ +PnP �^•:�y t;+ �') dmil�✓G. TOTAL AMOUNT OF TRANSACTION $ 10,000 COST/REVENUE BUDGETED (CIRCtE ONE) YES NO FUNDINGSOURCE St3teOfMlnneSOt3 � ACTNITYNUMBER 34301 FINANCIA� INFORMATION (EXPLAIN) 34301PedesYrianCrosswalkGrant.cr.gsA2 STATE OF MINNESOTA d'�' }' GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Office of Traffic Safetv ("State") and the Citv of Saint Paul Police Department, address: 100 East 11� Street, Saint Paul, MN 55101 ("Grantee"l. Recitals Under Minn. Stat. § 4.075 and 299A.01 Subd 2(4) the State is empowered to enter into this grant. The State is in need of reducine the number of pedestrian fatalities and nreventin� pedestrian iniuries bV Providine an enhanced traffic enforcement nroiect to enforce and educate nedestrians and drivers about the State of Minnesota's oedestrian crosswalk statute. The Clrantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Coatract 1. Term of Grant Contract 1.lEffective date: Februarv 1, 2002, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State � s Authorized Representative to begin the work. 1.2Expiration date: September 30, 2002, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3SuruivaI of Terms. The following clauses survive the espiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Federal Audits; 11. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2. Grantee's Duties The Grantee, who is not a state employee, will: Conduct high visibility tr�c enforcement of Minnesota's pedestrian crosswalk statute. This effort will be conducted by sworn personnel of the Grantee's Tr�c and Accident Unit as an overtime enforcement program. The Grantee will coordinate enforcement waves to support neighborhood pedestrian safety initiatives. Each enforcement wave will be preceded by a news release to local media that is done in conjunction with a specific neighborhood's pedestrian safety initiative. Each enforcement wave will be directed at either the driving population or the pedestrian population. Each enforcement wave will be followed by a post-wave news release done in conjunction with the local neighborhood coordinators of that wave's specific neighborhood pedestrian safety initiative. This news release will include detailed enforcement results for that wave. Grant funds may only be utilized for: pedestrian crosswalk enforcement, contacting locai media with news releases before and after each enforcement wave, assisting neighborhoods in coordinating pedestrian safety initiatives, and any officer court time resulting from citations issued during one of the pedestrian enforcement waves. The Grantee will submit a one page written plan approximately ten days before the commencement of each wave detailing enforcement shift hours and locations. iJpon completion of each wave, the Grantee will submit a one-page written report detailing the wave's public Grant (Rev. 12/00) o �-a-oa— informafion, nei�borhood coordination, and enforcement activities. This report will be due approximately ten days after the completion of each wave. 3. Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee wi11 be paid no more than $10,000.00 throueh the operatin� budget of the State's project number 02-06-08 for actual hours worked and in accordance with participatine law enforcement officers cunent paV rate at the time services were provided (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by ihe Graniee as a resuit oi tnis grani conTract cviii not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater 2snount than proc�ided uz the current "Commissioner' s Plan" promulgated by the coinmissioner oi Employee Relations. The Grantee will not be reunbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State` s prior written approval for out of state travel. Minnesota will be considered the home state for detennining whether travel is out of state. (3) Totai Obtigation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $10,000.00. 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoaced services. Invoices must be submitted timely and according to the following schedule: Monthly itemized invoices detailin¢ each participatin� officer's rates and hours worked will be filed within thirtv davs of each enforcement wave completed. The final invoice must be received not later than October 30, 2002. (2) Federal fuscds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title 23 CFDA number 89-564 of the Hi2hwav Safetv Act of 1966. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee' s failure to comply with federal requirements. 5. Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State' s satisfaction, as determuied at the sole discretion of the State' s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6. Authorized Representative The State's Authorized Representative is Williazn R. Shaffer. State Proeram Administrator Grant (Rev. 12/00) � � -a"c a— Principal• (651) 282-6558• 444 Cedar Street Suite 150, Saint Paul, MN 55101-5150, or his/her successor, and has the responsibility to monitor the Grantee' s performance and the authority to accept the services provided under this grant contract. If the services are safisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is S er�eant Tom Schmidt, Saint Paul Police n m....Fr.. � a �..,.:.�..,...� tr.-.:,. i �^ ` E�^" `�'1 S SBiT'ii Pflui, ir iiV� SS1Qi; (oJ Eas� ���er.� ueat, 292-3725. If the Grantee' s Authorized Representative changes at any time during this grant contract, the Grantee must inunediately notify the State. 7. Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grent contract, or theu successors in or7ce. 7.2Amendments. AnV �endment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or the3r successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4Grant Contract Complete. This grant contract contains all negotiaUons and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney' s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee' s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. This clause shall not be construed as a waiver by the Grantee of the municipal tort liability limits set forth in Minn. Stat. § 466 et.seq.. 9. State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee' s books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from ttie end of this grant contract. 10. Federai Audits The Grantee shall obtain an annual (or biennial covering both yeazs) financial and compliance audit, made by an independent auditor in accordance with the Single Audit Act of 1984 (Public Law 98-502) and Office oF Management and Budget Circular A-133. Fxhibit I, Federal Audit Requirements, is binding upon the Grantee and is hereby incorporated by reference. 11. Government Data Practices and Intellectual Property 11.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. � 13.08 apply to the release of the data referred Crrant (Rev.12j00) 6�-'�aa— to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must inunediately notify the State. The State will give the Grantee instrucfions concerning the release of the data to the requesting party before the data is released. 11.2. InteIIecfuaI Property Rights r�ii reports, stunies, pnoiograpns, negatives, computer programs or otner documencs prepared by the Grantee in the performance of its obligation under this agreement shall be the exclusive property of Public Safety. The Grantee may continue to sue the materials to promote highway safety, but may not sell or offer for sale any physical or electronic documents developed under this agreement, unless a plan to recozd such sales and make the proceeds available for traffic safety purposes is approved by Public Safety. 12. Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee' s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State' s obligation or responsibility. 13. Pubiicitp and Endorsement 13.1 PubTicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State' s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 132 Endorsement. The Grantee must not claim that the State endorses its products or services. 14. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination 15.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termu�ation, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 16. Data Disclosure Under Minn. Stat. g 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tast identification number, andJor Minnesota ta�c identification number, aJready provided to the State, to federal and state ta�c agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state ta�c laws which could result in action requiring the Grantee to file state ta�c returns and pay delinquent state tax liabilities, if any. Grant (Rev. 12/00� aa-ao�- 17. Equipment 17.1 Purchase of Equipment. Any equipment purchased under this agreement shall be used primarily for traffic safety purposes during the life of the equipment. The Grantee may not deviate from this requirement and may not dispose of any equipment unless it has first obtained permission from the State. Only equipment spe�ed in this agreement may be gu:chased. 17.2Responsibility for Equipment. The Grantee shall be responsible for all operating, maintenance, and repair costs of equipment purchased under this agreement unless otherwise specified. Title to equipment acquired under this agreement shall vest upon the Grantee. 18. Other This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: 18.1 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 wh.ich relates to handicapped persons. ' 18.2 49 CFR Part 23 - Participation by minority enterprises in Department of Transportation Programs; 49 CFR Part 29 Subpart F- The Drug-Free Workplace Act of 1988; 23 U.S.C. 101 Note and 41 U.S.C. l0a - Buy America Act; and 49 CFR Part 29 - Certification Regarding Debarment and Suspension. These provisions are addressed in Exhibit II, which is hereby incorporated by reference and made a part of this agreement (see Rxhibit II). 18.3 Title VI of the Civil Rights Act of 1964, as amended. 18.4 A1so, by si�ing this agreement, the Grantee certifies that the Grantee has a current safety belt use policy. 1. STATE ENCUMBRANCE VERIFICATION Individual cerlifies that funds have been encumbered as required by Minn. Stat. § 16A.15 and 16C.05. Signed: Date: Grant contract No. 2. GRANTEE 3. STATE AGEPICY B (with delegated authority) Title: Date: The Grantee certifie at the appropriate person(s) have executed th gr t contract on behalf of the Grantee as require� � c articles, bylaws, resolutions, or ordinances. � TiUe: Date: � Title: Date: Grant (Rev. 12/00) oz-��a— Exhibit 1 Page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subrecipients who are state (includes indian tribesj or Vocal govemments if the grantee expends total direct and indirect federal assistance of: " Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a financiai and compliance audit made in accordance with the Single Audit Act o( 1984 (Public Law 98-502J and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government cr, a; t"e cption of the grantee government, it may cover departments, agencies or estabiisfiments thai received, expended, or otherwise admin+stered federat fina�cial assistance durina the year. Audits shall be made annualiy unless the State or local government has, by January 1, 1987, a constitutionai or statutory requirement for less frequent audits. For those governmenis, 1he cognizant agency shall permit bienniaf audits, covering both years, if the government so requests. It shail also honor requests for biennial audits by governments that have an administrative policy cailing for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who ase insYituiions of higher education, hospitals, or other nonprofit organizations If the grantee expends total direct and indirect federai assistance of $300,000 or more per year, the grantee agrees to obtain a financiat and compiiance audit made in accordance with OMB Circular A-133. The audit must be an organizatio� wide audit, unless it is a coordinated audit in accordance with OMB CircularA-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one progrem. Audits shali usually be made annuaily, but not less frequentiy than every two years. 3. Ali audits shall be made by an independent auditor. An independent auditor is a state or tocai government auditor or a pubiic accountant who meets the independence standards specitied in the General Accounting Office's Standards for Audit of Governmental Oraanizations Proarams Activities. and Functions. R. Audit reports shail state that the audit was performed in accordance with the provisions of OMB Circular A-133 as applicab{e. The reporting requirements for audit reports shali be in accordance with the American Institute of Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financiat Statements" or SAS 62, "Special Reports," as appiicable. o�.-�v a— Exhibit I Page 2 of 2 The reporting requirements tor audit reports on compliance and internal controls shaA be in accordance with AICPA'S SAS 63, "Compliance Auditing Appiicable to Governmentai E�tities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and locai Governmental Units." In addition to the audit report, the recipient shall provide comments on the find+ngs and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior,findings. if corrective action is not necessary a statement describing the reason it is noi shouid accompany the audit report. 5. Th= gr2.^.fee 2grees :ha: the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financiai statements as may be necessary for the arantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agre2s to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be fiied with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety, within 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department of Pubiic Safely'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 expending more than $300,000 in federai funds are to submit one copy of the audit repoR within 30 days after issuance to the clearinghouse a1 the folfowing address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, fndiana 47132 Attn: Single Audit Clearinghouse Da --a - c �-- Exhibit II Page 1 of 3 CERTIFICAT[ONS AND ASSDRANCES DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART F) In accordance with the Drug-Free Workplace Act of 1988 (49 CFR Part 29 Subpart F), the State wi1] provide a dtug-free workplace by_ • a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a control{ed substance is prohibited in the grantees workplace and spec�fymg the actions that will be taken against employees for violation of such prohibition; b) Establishing a drug-free awareness program to inform employees aboui: 1) The dangers nfdrug abuse in the workplace; 2) The granfee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The pena(ties that may be imposed upon empfoyees for drug abuse viotations occucring in the workplace; c) Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- 1) Abide by the terms ofthe statement; and 2) Notify the employer of any criminai drug statute conviction for a violation ocwrring in the workplace no later than five days after such convictioo. e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. fl Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- 1) Taking appropriate parsonnel action against sucfi an employee, up to and inc{uding termination; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Fcdcral, State, or bcai health, law enforcement, or other appropriate agency. g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a),{b),(c),(d},(e), and {f} above. BUY AMERICA ACT (23 tS.S.C. 101 NOTE AND 41 U.S.C. IOa} The State will comply with the provisions of the Buy America Act. The DOT reference to the Buy America Act is 23 U.S.C. ]01 Noie and the Federaf government-wide reference is 23 U.S.C. 10a. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the State can show that such domestic purohases would be inconsistent with the public interest; that such materiais are not reasonably available and are of an unsatisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of O}_�.o ?-- Exhibit II Page 2 of 3 non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. CERTLFICATION REGARDI'�G LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements 1) I�So Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or empfoyee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federa! contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the exte�sion, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or witt be paid to any person for influe�cing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal wntract, grant, loan, or cooperative agreement, the undersigned shaU complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be induded in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certity and disc{ose 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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFICATION REGARDING DEBARMENT AND SUSPENS[ON In accordance with the provisions of B9 CFR Part 29, the State agrees that it sha(1 not knowingly enter into any agreement under its Highway Safety Plan with a person or entity that is barred, suspended, dectared inetigibte, or voluntari(y excluded from participation in the Section 402 program, unless otherwise authorized by NIITSA. The State further agrees that it will include the following clause and accompanying instructioo, without modification, in ail lower tier covered transactions, as provided by 49 CFR PaR 29, and in al{ solicitations for fower tier covered transactions. lnstructions for Certification 1. By signing and submitting this proposal, 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 transaction was entered into. If it is later determined that the prospective lower tier partic�pant knowing�y rendered an erroneous certification, in addition to other remedies avaitable to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lowec tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," 'debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered Vansaction," "principal," "proposai," and "voiuvtarily excluded," as used in this ctause, have the meanmgs set out in the Definitwn and Coverage sections of 49 CFR Part 29. You b Z. -} a >—�— exn�h;r u Page 3 of 3 may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees 6y su6mitting this proposa! that, should the proposed covered transaction be entered into, it shall not knowincly enter into any lower tier covered transactions with a person who is deoarred, suspendeq deciared ineiigible, or voluntarily excluded from participation in this covered trensaction, unless authorized by the depariment or agency with which this transactions originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exdusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all salicitaYion for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certifica[ion of a prospective participant in a lower tier covered transaction that it is not de6arred, suspended, ineligible, or vo(untarily excluded from the covered transaction, unless ii knows that the certification is erroneous. A participant may decide the method and frequency by which it determines [he eligibility of its principals. Each participant may, but is not required :o, check the I^Ionprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph S of these instructions, if a participant in a covered transaction knowingly enters i�to a lower tier covered transaction with a person who is suspended, debarred, ineligibie, or voluntarily excluded from participation in this transaction, in additioa to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, i�cluding suspension and(or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions I. The prospective lower tier participant certifies, by submission of this proposal, ihat neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participan[s shall attach an explanation to this proposal. MINORITY BUSINESS ENTERPRISE REOUIREMEiv`TS In accordance with the provisions of 49 CFR Part 23, the State agrees to abide by the fo(4owing statements, and shall ensure that these statements are included in all subsequent agreements and/or contracts assisted by Section 402 funds: It is the policy of the Department of TranspoRation that minority business eaterprises, as defined in 49 CFR Part 23, shall have the max�mum opportunity to participate in the performance of contracts financed in whole or in part with Federai funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to pariicipate in the perFormance of contracts and subwntracts financed in whoie or in part with Federal funds provided under this agreement. In ihis regard, all recipients or cont:actors shall takc all necessary and reasonable steps in acwrdance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipienis aad their contractors shall not discriminate on the 6asis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. ��4Gl�AL Council File # Q �� �.p�„� Green Sheet# 20�826 RESOLUTION CITY OF SAINT PATI., NIINNESOTA Presented By: Referred To: 1 WHEREAS, the State of Minnesota has awarded a gtant to the Saint Paul Police Department for the 2 period February 1, 2002 through September 30, 2002; and 3 4 WHEREAS, the purpose of this grant is to reduce the number of pedestrian fatalities and injuries and 5 educate pedestrians and drivers about the State of Minnesota's pedestrian crosswalk statute; and 6 7 WHEREAS, the City of Saint Paul Police Department needs to establish a 2002 financing and spending 8 plan for this grant; and 9 10 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 11 there are available for appropriation funds of $10,000 in excess of those estimated in the 2002 budget; and 12 13 WHEREAS, The Mayor recommends that the following addition be made to the 2002 budget: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 F7NANCING PLAN: 436-Police Special Projects Fund 34301-Pedestrian Crosswalk Grant 3199-Other Federal Direet Grants-State SPENDING PLAN: 436-Police Special Projects Fund 34301-Pedestrian Crosswalk Grant 0141-Overtime 0439-Fringe Benefits Secretary: 28 29 THEREFORE BE IT RESOLVED, that the City Council accepts tlus grant award, authorizes the 30 City of Saint Paul to enter into, and Cluef William Finney to implement the attached agreement with the 31 State of Minnesota, and approves the changes to the 2002 budget. 32 Requested by Department of: By: Committee:Date: CURRENT BUDGET CIIANGES 10,000 1� AMENDED BUDGET 10,000 0 10,000 10,000 0 8,800 8,800 0 1,200 1,200 0 10,000 10,000 Services Director: Adopted Coui�ci Adopti n Certified By: z Approv ayc B �� By: � � by City Attarney: for � to 34307 PedestrianCrosswalkGrant.cr.02 t DEAARTMENT/OFFICE/COUNCIL DATE INITIATED Rolicebepartment 2/15102 GREEN SHEET No. 200826 L TACTP RSON&PH E INITfAUDATE INITIAVDATE Ch10fFimiey 292-3588 7 oevamrFxro�aecrox_ 5 couxa� MUS BE ON COUNCIL AGENDA BY (DATE) �^ ��-� PleasepxoeessASAP ❑3 cmnrrom,e,r `_ v ❑cmc�wc �FUw�cw.sErsncesouc_ �wwauseawnccrc � �r �swYOR(ORASSISTMR)_ � uwwwexrs �.�� u TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) C710t8 RE4UESTED Appioval of the attached councIl resolution accepting a gant from the State of Minuesota foi pedestrian crosswalk safety, authozizing the City of Saint Paul to enter into, and Clrief William Finney to implement an agreement wiffi the State of Minnesota, and establishing a 2002 financing and spending plan for the gant. RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUSTANSWER THE FOLLOWING QUESTIONS: 1. Has this person/firtn sver worketl untler a Contract for this tleparlmenY? PLANNING COMMISSION YES nl0 CIB COMMIT�EE 2. Has ihis person/firm ever been a city employee? CNIL SERVICE COMMISSION YES NO 3. Ooes this persaNfirtn possess a skill not nortnally possessed by any wrtent city employee? YES NO 4 Is this personffirtn a targeted ventloR YES NO Explain all yes answers on separate sheet and attach W green sheet INITIATING PROBLEM ISSUE, OPPOR7UNIN (WHO, WHAT, WHEN, WHERE, WHY) The State of Minnesota has awazded a grant to the Saint Paul Police Departwem for the period Febmary 1, 2002 through September 30, 2002. The purpose of this grant is to reduce the munbex of pedestrian fatalities and injuries and educate pedestrians and drivers about the State of Minnesota's pedeshian crosswalk stahrte. A 2002 financing and spending plan needs to be established for tlus grant. ADVANTAGES IF APPROVED � � � � $ 9, ( � ?f Ability to use gant funds available to reduce pedestrian injuries and fataliries. �1AR � � 10�� DISADVANTAGES IF APPROVED None DISADVANTAGES IF NOT APPROVED Inab�lity to use gant funds available. ����� ���'��� �4 G. „ +PnP �^•:�y t;+ �') dmil�✓G. TOTAL AMOUNT OF TRANSACTION $ 10,000 COST/REVENUE BUDGETED (CIRCtE ONE) YES NO FUNDINGSOURCE St3teOfMlnneSOt3 � ACTNITYNUMBER 34301 FINANCIA� INFORMATION (EXPLAIN) 34301PedesYrianCrosswalkGrant.cr.gsA2 STATE OF MINNESOTA d'�' }' GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Office of Traffic Safetv ("State") and the Citv of Saint Paul Police Department, address: 100 East 11� Street, Saint Paul, MN 55101 ("Grantee"l. Recitals Under Minn. Stat. § 4.075 and 299A.01 Subd 2(4) the State is empowered to enter into this grant. The State is in need of reducine the number of pedestrian fatalities and nreventin� pedestrian iniuries bV Providine an enhanced traffic enforcement nroiect to enforce and educate nedestrians and drivers about the State of Minnesota's oedestrian crosswalk statute. The Clrantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Coatract 1. Term of Grant Contract 1.lEffective date: Februarv 1, 2002, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State � s Authorized Representative to begin the work. 1.2Expiration date: September 30, 2002, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3SuruivaI of Terms. The following clauses survive the espiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Federal Audits; 11. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2. Grantee's Duties The Grantee, who is not a state employee, will: Conduct high visibility tr�c enforcement of Minnesota's pedestrian crosswalk statute. This effort will be conducted by sworn personnel of the Grantee's Tr�c and Accident Unit as an overtime enforcement program. The Grantee will coordinate enforcement waves to support neighborhood pedestrian safety initiatives. Each enforcement wave will be preceded by a news release to local media that is done in conjunction with a specific neighborhood's pedestrian safety initiative. Each enforcement wave will be directed at either the driving population or the pedestrian population. Each enforcement wave will be followed by a post-wave news release done in conjunction with the local neighborhood coordinators of that wave's specific neighborhood pedestrian safety initiative. This news release will include detailed enforcement results for that wave. Grant funds may only be utilized for: pedestrian crosswalk enforcement, contacting locai media with news releases before and after each enforcement wave, assisting neighborhoods in coordinating pedestrian safety initiatives, and any officer court time resulting from citations issued during one of the pedestrian enforcement waves. The Grantee will submit a one page written plan approximately ten days before the commencement of each wave detailing enforcement shift hours and locations. iJpon completion of each wave, the Grantee will submit a one-page written report detailing the wave's public Grant (Rev. 12/00) o �-a-oa— informafion, nei�borhood coordination, and enforcement activities. This report will be due approximately ten days after the completion of each wave. 3. Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee wi11 be paid no more than $10,000.00 throueh the operatin� budget of the State's project number 02-06-08 for actual hours worked and in accordance with participatine law enforcement officers cunent paV rate at the time services were provided (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by ihe Graniee as a resuit oi tnis grani conTract cviii not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater 2snount than proc�ided uz the current "Commissioner' s Plan" promulgated by the coinmissioner oi Employee Relations. The Grantee will not be reunbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State` s prior written approval for out of state travel. Minnesota will be considered the home state for detennining whether travel is out of state. (3) Totai Obtigation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $10,000.00. 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoaced services. Invoices must be submitted timely and according to the following schedule: Monthly itemized invoices detailin¢ each participatin� officer's rates and hours worked will be filed within thirtv davs of each enforcement wave completed. The final invoice must be received not later than October 30, 2002. (2) Federal fuscds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title 23 CFDA number 89-564 of the Hi2hwav Safetv Act of 1966. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee' s failure to comply with federal requirements. 5. Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State' s satisfaction, as determuied at the sole discretion of the State' s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6. Authorized Representative The State's Authorized Representative is Williazn R. Shaffer. State Proeram Administrator Grant (Rev. 12/00) � � -a"c a— Principal• (651) 282-6558• 444 Cedar Street Suite 150, Saint Paul, MN 55101-5150, or his/her successor, and has the responsibility to monitor the Grantee' s performance and the authority to accept the services provided under this grant contract. If the services are safisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is S er�eant Tom Schmidt, Saint Paul Police n m....Fr.. � a �..,.:.�..,...� tr.-.:,. i �^ ` E�^" `�'1 S SBiT'ii Pflui, ir iiV� SS1Qi; (oJ Eas� ���er.� ueat, 292-3725. If the Grantee' s Authorized Representative changes at any time during this grant contract, the Grantee must inunediately notify the State. 7. Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grent contract, or theu successors in or7ce. 7.2Amendments. AnV �endment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or the3r successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4Grant Contract Complete. This grant contract contains all negotiaUons and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney' s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee' s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. This clause shall not be construed as a waiver by the Grantee of the municipal tort liability limits set forth in Minn. Stat. § 466 et.seq.. 9. State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee' s books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from ttie end of this grant contract. 10. Federai Audits The Grantee shall obtain an annual (or biennial covering both yeazs) financial and compliance audit, made by an independent auditor in accordance with the Single Audit Act of 1984 (Public Law 98-502) and Office oF Management and Budget Circular A-133. Fxhibit I, Federal Audit Requirements, is binding upon the Grantee and is hereby incorporated by reference. 11. Government Data Practices and Intellectual Property 11.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. � 13.08 apply to the release of the data referred Crrant (Rev.12j00) 6�-'�aa— to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must inunediately notify the State. The State will give the Grantee instrucfions concerning the release of the data to the requesting party before the data is released. 11.2. InteIIecfuaI Property Rights r�ii reports, stunies, pnoiograpns, negatives, computer programs or otner documencs prepared by the Grantee in the performance of its obligation under this agreement shall be the exclusive property of Public Safety. The Grantee may continue to sue the materials to promote highway safety, but may not sell or offer for sale any physical or electronic documents developed under this agreement, unless a plan to recozd such sales and make the proceeds available for traffic safety purposes is approved by Public Safety. 12. Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee' s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State' s obligation or responsibility. 13. Pubiicitp and Endorsement 13.1 PubTicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State' s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 132 Endorsement. The Grantee must not claim that the State endorses its products or services. 14. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination 15.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termu�ation, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 16. Data Disclosure Under Minn. Stat. g 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tast identification number, andJor Minnesota ta�c identification number, aJready provided to the State, to federal and state ta�c agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state ta�c laws which could result in action requiring the Grantee to file state ta�c returns and pay delinquent state tax liabilities, if any. Grant (Rev. 12/00� aa-ao�- 17. Equipment 17.1 Purchase of Equipment. Any equipment purchased under this agreement shall be used primarily for traffic safety purposes during the life of the equipment. The Grantee may not deviate from this requirement and may not dispose of any equipment unless it has first obtained permission from the State. Only equipment spe�ed in this agreement may be gu:chased. 17.2Responsibility for Equipment. The Grantee shall be responsible for all operating, maintenance, and repair costs of equipment purchased under this agreement unless otherwise specified. Title to equipment acquired under this agreement shall vest upon the Grantee. 18. Other This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: 18.1 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 wh.ich relates to handicapped persons. ' 18.2 49 CFR Part 23 - Participation by minority enterprises in Department of Transportation Programs; 49 CFR Part 29 Subpart F- The Drug-Free Workplace Act of 1988; 23 U.S.C. 101 Note and 41 U.S.C. l0a - Buy America Act; and 49 CFR Part 29 - Certification Regarding Debarment and Suspension. These provisions are addressed in Exhibit II, which is hereby incorporated by reference and made a part of this agreement (see Rxhibit II). 18.3 Title VI of the Civil Rights Act of 1964, as amended. 18.4 A1so, by si�ing this agreement, the Grantee certifies that the Grantee has a current safety belt use policy. 1. STATE ENCUMBRANCE VERIFICATION Individual cerlifies that funds have been encumbered as required by Minn. Stat. § 16A.15 and 16C.05. Signed: Date: Grant contract No. 2. GRANTEE 3. STATE AGEPICY B (with delegated authority) Title: Date: The Grantee certifie at the appropriate person(s) have executed th gr t contract on behalf of the Grantee as require� � c articles, bylaws, resolutions, or ordinances. � TiUe: Date: � Title: Date: Grant (Rev. 12/00) oz-��a— Exhibit 1 Page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subrecipients who are state (includes indian tribesj or Vocal govemments if the grantee expends total direct and indirect federal assistance of: " Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a financiai and compliance audit made in accordance with the Single Audit Act o( 1984 (Public Law 98-502J and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government cr, a; t"e cption of the grantee government, it may cover departments, agencies or estabiisfiments thai received, expended, or otherwise admin+stered federat fina�cial assistance durina the year. Audits shall be made annualiy unless the State or local government has, by January 1, 1987, a constitutionai or statutory requirement for less frequent audits. For those governmenis, 1he cognizant agency shall permit bienniaf audits, covering both years, if the government so requests. It shail also honor requests for biennial audits by governments that have an administrative policy cailing for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who ase insYituiions of higher education, hospitals, or other nonprofit organizations If the grantee expends total direct and indirect federai assistance of $300,000 or more per year, the grantee agrees to obtain a financiat and compiiance audit made in accordance with OMB Circular A-133. The audit must be an organizatio� wide audit, unless it is a coordinated audit in accordance with OMB CircularA-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one progrem. Audits shali usually be made annuaily, but not less frequentiy than every two years. 3. Ali audits shall be made by an independent auditor. An independent auditor is a state or tocai government auditor or a pubiic accountant who meets the independence standards specitied in the General Accounting Office's Standards for Audit of Governmental Oraanizations Proarams Activities. and Functions. R. Audit reports shail state that the audit was performed in accordance with the provisions of OMB Circular A-133 as applicab{e. The reporting requirements for audit reports shali be in accordance with the American Institute of Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financiat Statements" or SAS 62, "Special Reports," as appiicable. o�.-�v a— Exhibit I Page 2 of 2 The reporting requirements tor audit reports on compliance and internal controls shaA be in accordance with AICPA'S SAS 63, "Compliance Auditing Appiicable to Governmentai E�tities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and locai Governmental Units." In addition to the audit report, the recipient shall provide comments on the find+ngs and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior,findings. if corrective action is not necessary a statement describing the reason it is noi shouid accompany the audit report. 5. Th= gr2.^.fee 2grees :ha: the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financiai statements as may be necessary for the arantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agre2s to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be fiied with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety, within 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department of Pubiic Safely'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 expending more than $300,000 in federai funds are to submit one copy of the audit repoR within 30 days after issuance to the clearinghouse a1 the folfowing address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jefferson, fndiana 47132 Attn: Single Audit Clearinghouse Da --a - c �-- Exhibit II Page 1 of 3 CERTIFICAT[ONS AND ASSDRANCES DRUG-FREE WORKPLACE (49 CFR PART 29 SUBPART F) In accordance with the Drug-Free Workplace Act of 1988 (49 CFR Part 29 Subpart F), the State wi1] provide a dtug-free workplace by_ • a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a control{ed substance is prohibited in the grantees workplace and spec�fymg the actions that will be taken against employees for violation of such prohibition; b) Establishing a drug-free awareness program to inform employees aboui: 1) The dangers nfdrug abuse in the workplace; 2) The granfee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The pena(ties that may be imposed upon empfoyees for drug abuse viotations occucring in the workplace; c) Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- 1) Abide by the terms ofthe statement; and 2) Notify the employer of any criminai drug statute conviction for a violation ocwrring in the workplace no later than five days after such convictioo. e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. fl Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- 1) Taking appropriate parsonnel action against sucfi an employee, up to and inc{uding termination; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Fcdcral, State, or bcai health, law enforcement, or other appropriate agency. g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a),{b),(c),(d},(e), and {f} above. BUY AMERICA ACT (23 tS.S.C. 101 NOTE AND 41 U.S.C. IOa} The State will comply with the provisions of the Buy America Act. The DOT reference to the Buy America Act is 23 U.S.C. ]01 Noie and the Federaf government-wide reference is 23 U.S.C. 10a. Only steel, iron and manufactured items produced in the United States may be purchased with Federal funds unless the State can show that such domestic purohases would be inconsistent with the public interest; that such materiais are not reasonably available and are of an unsatisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of O}_�.o ?-- Exhibit II Page 2 of 3 non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. CERTLFICATION REGARDI'�G LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements 1) I�So Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or empfoyee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federa! contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the exte�sion, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or witt be paid to any person for influe�cing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal wntract, grant, loan, or cooperative agreement, the undersigned shaU complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be induded in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certity and disc{ose 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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CERTIFICATION REGARDING DEBARMENT AND SUSPENS[ON In accordance with the provisions of B9 CFR Part 29, the State agrees that it sha(1 not knowingly enter into any agreement under its Highway Safety Plan with a person or entity that is barred, suspended, dectared inetigibte, or voluntari(y excluded from participation in the Section 402 program, unless otherwise authorized by NIITSA. The State further agrees that it will include the following clause and accompanying instructioo, without modification, in ail lower tier covered transactions, as provided by 49 CFR PaR 29, and in al{ solicitations for fower tier covered transactions. lnstructions for Certification 1. By signing and submitting this proposal, 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 transaction was entered into. If it is later determined that the prospective lower tier partic�pant knowing�y rendered an erroneous certification, in addition to other remedies avaitable to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lowec tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," 'debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered Vansaction," "principal," "proposai," and "voiuvtarily excluded," as used in this ctause, have the meanmgs set out in the Definitwn and Coverage sections of 49 CFR Part 29. You b Z. -} a >—�— exn�h;r u Page 3 of 3 may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees 6y su6mitting this proposa! that, should the proposed covered transaction be entered into, it shall not knowincly enter into any lower tier covered transactions with a person who is deoarred, suspendeq deciared ineiigible, or voluntarily excluded from participation in this covered trensaction, unless authorized by the depariment or agency with which this transactions originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exdusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all salicitaYion for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certifica[ion of a prospective participant in a lower tier covered transaction that it is not de6arred, suspended, ineligible, or vo(untarily excluded from the covered transaction, unless ii knows that the certification is erroneous. A participant may decide the method and frequency by which it determines [he eligibility of its principals. Each participant may, but is not required :o, check the I^Ionprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph S of these instructions, if a participant in a covered transaction knowingly enters i�to a lower tier covered transaction with a person who is suspended, debarred, ineligibie, or voluntarily excluded from participation in this transaction, in additioa to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, i�cluding suspension and(or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions I. The prospective lower tier participant certifies, by submission of this proposal, ihat neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participan[s shall attach an explanation to this proposal. MINORITY BUSINESS ENTERPRISE REOUIREMEiv`TS In accordance with the provisions of 49 CFR Part 23, the State agrees to abide by the fo(4owing statements, and shall ensure that these statements are included in all subsequent agreements and/or contracts assisted by Section 402 funds: It is the policy of the Department of TranspoRation that minority business eaterprises, as defined in 49 CFR Part 23, shall have the max�mum opportunity to participate in the performance of contracts financed in whole or in part with Federai funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to pariicipate in the perFormance of contracts and subwntracts financed in whoie or in part with Federal funds provided under this agreement. In ihis regard, all recipients or cont:actors shall takc all necessary and reasonable steps in acwrdance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipienis aad their contractors shall not discriminate on the 6asis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts.