04-617Council �tile # Q�� ��7
Green Sheet # 206631
RESOLUTION
OF SAINT PAUL, NIINNESOTA
Presented By:
ReFerred To:
46,436
Committee:Date:
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2 WI3EEREAS, the City of Saint Paul, Police Deparhnent, has been awarded a Safe and Sober Grant for
3 conducting a May Mobilization program to increase compliance with passenger protection laws by using
4 enhanced enforcement coupled with education and media relations; and
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WHEREAS, a 2004 financing and spending plan needs to be established for this grant; and
WHEREAS, the Mayor pursuant to Section 10.071 of the Charter of the City of Saint Paul, does certify that
there are available for appropriation funds of $9,000 in escess of those estimated in the 2004 budget; and
WHEREAS, the Mayor recommends that the following addition be made to the 20Q4 budget:
CURRENT
BUDGET
436 - Police-Special Projects
FINANCING PLAN:
34147 - Safe & Sober Grant
3199 - Other Federal Direct Grants-State
Total Changes to Financing
SPENDING PLAN:
34147 - Safe & Sober Grant
0141 - Overtime
0439 - Fringe Benefits
Total Changes to Spending
36,000
5,655
CHANGES
9,000
�
7,900
1,100
�;6D'�
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30 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2004 budget.
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Yeas
✓
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Absent
Adopted by Council:Date: /�,��5_ �3, �7��/,,,(
Adoption Certified by Council Secretary:
By.
Approved by ayw
By: �
Safe 8 Sober May
30, 2004 Grant budget.cr.2004
Requested by Department of:
�2
AMENDED
BUDGET
55,436
43,900
6,755
Police
By: � .�, a a a
Approval R4gommended by FSnancial Services:
r— f/
B y' V' � a
� 'bEPARTMENi/OFFICE/COUNCIL DATE INI7IATED
ro�i�eD���t sn6t2ooa GREEN SHEET No. 206631
O TA P R N PH INITIAL/DATE INRIAVDATE
Chief Willl'am Finney 266-5588 'I evaxiMexrowECrort 5 cmrnuxa�
MUST BE ON COUNCIL AGENDA BY (DA7EJ
Pleas proCess ASAP. �a�rarrow+EV ❑CITYCLFRK
❑Z FPIFNCVLLSERVICES�IR_ �FINFNLIALSEftV/ALCTG
�MAYOR(ORASSISTA1f� ❑NIIMFNRIGHIS
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED
Approval of the attached council resolufion establishing a 2004 fmancing and spending plan for the Safe and
- Sober grant, May Mobilizarion program.
RECOMMENDATION AppfoVe (A) ol REjeCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
� 7. Has this person/firm ever worked under a contract for ihis department?
PLANNING COMMISSION YES NO
CIB COMMITTEE 2. Has Nis persoNfinn ever beeo a city employee?
CIVIL SERVICE COMMISSION YES NO
3. oces this person�rm possess a sitill not normally possessetl by any cuRerk ciry employee?
YES NO
. 4. IS this person/firm a largetetl vendor?
, YES NO
Exptain all yes answers on sepa2te sheet and attach to green sheet
� INI7IATMG PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY)
The State of Minnesota has awarded a Safe and Sober granT to the Ciry of Saint Paul, Police Deparhnent,
ior conducting a May Mobilization program to increase compliance with passenger protection laws by
_ using enhanced enforcement coupled with education and media relations. A 2004 financing and spending
plan needs to be established for the grant. (Attached is a copy of the grant agreement.)
ADVANTAGESIFAPPROVED
Ability to use grant funds available to increase compliance with passenger protectio _��� �
,� � �; (� :� ��d4
DISADVANTAGES IF APPROVED € p �
, None � E � °�N' ���% � ? � � �
DISADVANiAGES IF NO7 APPROVED pe,�,��� ;�;" •
bdV'
Inability to use granY funds to conduct a May Mobilization program for increasing compliance with passe�ge� ������
protection laws. ���°�
TOTAL AMOUNT OF 7RANSACTION E 9,000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE State of Minnesota ACTNITY NUMBER 436-34147
. FINANGIAL INFORMATION (EXPLAIN)
Safe & Sober May ]-June 3Q 2004 Grant budget cr gs2004
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STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. Office of Traffic
Saferi. 444 Cedar Street Suite 150 St Paul Minnesota SS101-5150 ("State") and St. Paul Police Department. 100 East
l lth Street. St. Paul Minnesota 55101 ("Grantee").
Recitals
1 Under Minn. Stat. §§ 4.�75 and 299A.01. Subd 2 l41 the State is einpowered to enter inlo this grant contract.
2 Federal Funds for ttus grant contract aze provided under the U. S. Department of Transportation's State and
Conuuunity Highway Safety Program, Catalog of Federal Domestic Assistance (CFDA) Number 20.600. Tlus graut
contract is funded tluough the Minnesota Department of Public Safety, Office of Traffic Safety's proj ect entitled �
& Sober Mav Mobilization with Communities, number 04-02-11.
3 The State is in need of well-publicized, enhanced enforcement of traffic laws, especially of those laws related to
passenger protection.
4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the
satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: May l. 2004, or the date the State obtains a11 required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract nntil this grant contract is fully ezecuYed and
the Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: June 30. 2004, or until all obligations have been satisfactorily fulfilled, whichever occurs fust.
13 Surviva! of Terms. The following clauses survive the expiration or cancellation of this grant contract:
8. Liability; 9. State Audits; 10. Govemment Data Practices and Intellectual Property; 12. Publicity and
Endorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15. Data Disclosure.
2 Grantee's Duries
The Grantee, who is not a state employee, will:
Participate in the Safe & Sober May Mobilization, a program which seeks to increase cotnpliance with the passenger
protection law by enhanced enforcement coupled with education and media relations. The two-pronged approach is
designed to increase the public's perception of the likelihood of suffering negative consequences if they £ail to
comply.
The enforcement agencies covered by this grant aze: St. Paul Police Devartment .
The Grurtee will participate in the Safe & Sober May Mobilization program in accordance with the following �
calendar of events:
Conduct Pre Informal Seat Belt Surveys May 1— 7, 2004
Conduct Pre-enforcement Media May 10 — 23, 2004
Conduct Enhanced Enforcement May 24- June 6, 2004
Conduct Post-enforcement Media June 7-13, 2004
Conduct Post fnformal Seat Belt Surveys June 7-13, 2004
Participation in the May Safe & Sober Mobilization 2004 is further defined as:
2.1 Scheduling and conducting additional enforcement between the dates of May 24 andJune 6, 2004. No other
dates aze eligible for reimbursement.
23 Using only those individual officers whom the State approves as eligible to cqpduct the traffic patrols
reimbursed by this grant. Eligibility is defined as completion of Occupant PrqYection Usage and Enforcement
(OPI3E) and Standardized Field Sobriety Testing (SFS'1� courses for each officer.
FtY 04 Tmffic Safety Grant (S&S May 04) Page 1
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��' 2.4 Scheduling and conducting informal seat belt suivevs at no fewer than three sites during each of the
following twa time periods: from Mav 1 ttuou¢h Mav 7. 2004 and from 7une 7 through 7une 13 2004
2.S Informing the media of the Safe & Sober May mobilizafion program and keeping them apprised of plans,
results, and issues and through the media and other outlets as decided by the Grantee, informing the public of
the program and issues.
2.6 Submitting a written reoort on or before June 30 2004 to the State coverine all the a¢encies in ihe �raut
to_gether on a sinele form nrovided by the State In addition, each �encv named in the trant will separately
submit a short mobilization report �rovided by the State on oL before June 10`� 2004.
2.7 Striving to aclueve perfonnauce measures which can reasonably be expected to fulfill the purpose of the grant
by decreasing the incidence of impaired driving, increasing the use of seat belts, and increasing the publids
perception of the likelihood of being stopped for violations of traffic safety laws. The State will provide
comparative statistics of each granYs results. Pecformance measures include averages of contacts per hour,
seat belt and child seat actions per vehicle stopped, and citations per vehicle stopped.
3 Time
The Grantee must comply with all the time requirements described in this gant contract. In the performance of tlus
grant contract, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Crrantee uuder this grant contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed 9000.00 according to the
breakdown of costs contained 'm the following budget table:
(2) Travel Expenses. Travel costs aze not allowed under tlus gant.
(3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for
the grant contract, will be met by the Cn•antee: 0.00.
(4) Indirect Costs and Fringe Benefits. No Indirect Costs aze allowed under this gant contract. Fringe
benefits aze allowable. The State has an obligation to detem�ine if any fringe benefit costs to be reimbursed by
this grant contract are reasonable. If requested, the Grautee must fiunish an explanation of fhe basis for the fiinge
benefit rate. Fringe benefits must be accounted for separately from overtime salazy costs on back-up
documentation of invoices.
(5) Total Ob[igakon. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $9000.00.
42 Payment
(1) Invoices. The State wiil promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices
must be submitted timely and according to the following schedule:
An itemized invoice for work satisfactorily performed will be filed in arrears and within 30 days of the E�iration
date of ttus ernnt contract Atl claims for reimbursement shall be supported by written documentation including
receipts, invoices, and personnel time reports. e
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'� (2) Federal funds. (Where applicable, if blank this section does not apply) Paymerns under this grant
contract wilt be made frnm federal funds obtained by the State through Title 23 CFDA number 20.600 of the State
and Communiiv Highway Saf� Act of 1966 and aznendments thereto. The Grantee is responsible for
compliance with ail federal requirements imposed on these funds and accegts full financial responsibility for any
raquirements imposed by the Grantee's failure to comply with federal requirements.
Conditions of Payment
All services provided by the Grantee under this gant contract must be performed to the State's safisfaction, as
detennined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federat, state, and local laws, ordinances, niles, and regulations. The Grarnee 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 Susan 7. Palmer State Pro�am Administrator 444 Cedar Street Suite
150. St. Paul Minnesota 55101-S15�nhone• 651 296 8512�, or lris/her successor, and has the responsibility to
monitor the Grantee's perfonnance and the authority to accept the services provided under this grant contract. If
the services aze satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment.
The Grantee's Authorized Representative is Dave Plucinak, Sergeant 100 East 11 th Street St Paul Minnesota
55101 (nhone: 651-292-3727�. If the Grantee's Authorized Representative changes at any time during ttris grant
contract, the Grantee must unmediately nori£y the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assigi nor transfer any rights or obligations under this gram contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and appmved this grant contract, or their successors in oftice.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be e4�ective until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office. Minor changes in the tasks and budget of this grant contract tnay be made if
requested in writing on behalf of the Grantee and if approved 'm writing by the State. Changes requiring the
approval of the U.S. Department of Transportation or resulting in reimbursement claims in excess of
9000.00 aze not minor changes.
73 Waiver. ff the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete. Tlns grant contract contains all negotiations 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.
S Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attomey'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.
9 State Audits
Under NLitm. Stat. § 16C.05, subd. 5, the Grantee's books, records, documems, and accounting procedures and
practices relevant to this gant contract aze subject to examination by the State and/or the State Auditor or
I,egislative Auditor, as appropriate, for a minimum of six years from the end of this gtant contract.
10 Govemment Data Pracrices and Intellectual Property
10.1 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 th�'release of the data referred to
in this ciause by either the Czrantee or the State. �
F'FY 04 Traffic Safety Gant (S&S May 04) Page 3
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If the Grantee receives a request to release the data referred to in tlais Clause, the Grantee must immediately
notify the State. The State will give the Grantee instructions conceming the release of the data to the
requesting party before the data is released.
10.2 Intellecnral Property Rights. All reports, studies, photographs, negatives, computer programs or other
documents prepazed by the Grantee in the perfonnauce of its obligation under tlus grant contract shall be the
exclusive property of the State. The Grurtee tnay continue to use the materials to promote highway safety,
but may not sell or offer for sale any physical or electronic documents developed under ttus giant contract,
unless a plan to record such sales and make the proceeds available for traffic safety piuposes is approved by
the State.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertainuig 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 anp act or omission on the pazt of these employees are in
no way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity reguding the subject matter of this gant 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 pamplilets, press
releases, research, reports, signs, and similaz public notices prepazed by or for the Grantee individually or
joinfly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract.
12.2 Endorsement. The Grantee must not claim that the 5tate endorses its products or services.
13 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 tlus grant contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
14 Termination
141 Termination by the Stat� The State may cancel this grant contract at any time, with or without cause, upon
30 days' written notice to the Grantee, Upon temunation, the Grantee will be entitled to payment, deternuned
on a pro rata basis, for services satisfactorily performed.
14.2 Termination for Insu�cient Funding. The State may immediately terminate this grant contract if it dces
not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. If for any reason the State is
prohibited in any way from using such funds to reimburse the ('nantee for any of the costs set forth herein,
then this grant contract shall be null and void and the State shall have no d'uect nor indirect obligation to
reimburse the Grantee. Tennination must be by written or fax notice to the Grantee. The State is not
obligated to pay for any services that are provided after notice and effective date of ternrination. However,
the Grautee will be entitled to payment, detemiined on a pro rata basis, for services satisfactorily performed to
the extent that funds aze available. The State will not be assessed any penalty if the grant contract is
tenninated because of the decision of the Minnesota I.egislature, or other funding source, not to appropriate
funds. The state must provide the Crrantee notice of the lack of funding within a reasonable time of the State
receiving that notice.
14.3 Protection of State's Interest When the State finds that there has been a failure to comply with the
provision of this grant contract or with the provisions of the incorporated Exhibits or that the purposes for the
funds have not been, or will not be fulfilled, notwithstanding any other provisions of this grant contract to the
contrary, the State may take such action as it deems necessary and appropriate to protect the interest of the
State of Minnesota, including the refusal to disburse additional funds and requiring the repayment of any
funds already disbtused. �'
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J 15 Data Disclosure
Under Minn. Stat. g 270.66, and other applicable law, the Gruitee consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the en£orcement of federal and state tax laws wlrich
could result in action requiring the Grantee to file state taic returus and pay delinquent state tas liabilities, if any,
or pay other state liabilities.
16 Equipment
16.1 Purchase of Equipment Any equipment purchased under this grant contract shall be used primarily for
traffic safety purposes during the life of the equipment. The Grazrtee may not deviate from ttus requirement
and may not dispose of any equipment unless it has fust obtained pemiission from the State. Only equipment
specified in this grant contract may be purchased.
16.2 Responsibility for Equipment The Grautee shall be responsible for all operating, maintenance, and repair
costs of equipment purct�ased under this grant contract unless otherv✓ise specified. Title to equipment
acquited under this grant contrnct shall vest upon the Grantee.
17 Other
This grant contract is subject to all applicabie federal aud state statutes and regulations, including, but not limited
to the following:
17.1 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to
handicapped persons.
17.2 49 CFR Part 23 — Participation by minority enterprises in Department of Ttansportation Programs; 49 CFR
Part 29 Subpart F— The Drug-Free Worlq�lace Act of 1988; 23 U.S.C. 101 Note and 41 U.S.C.lOa — Buy
America Act; and 49 CFR Part 29 — Certification Regarding Debannent and Suspension. These prvvisions
aze incorporated by reference and made a part of tlris grant conhact.
173 Title VT of the Civil Rights Act of 1964, as amended.
17.4 Grautee will comply with the Single Audit Act Amendments of 1996 and Office of Management and
Budget Circular A-133. Federal Audit Requirements is attached and incorporated and made part of this grant
contract. See E�ibit I.
17.5 Also, by signing this grant contract, the Grairtee certifies that the (irantee has a current safety belt use
policy.
£f�Y 04 Traffic Safety Grent (S&S May 04) Yage 5
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1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual cenifies that funds hwe &en erscumbered as
regu"ned by Minn. Stat §§ 16A.75 m�d 16C.05.
Signed:
Da[e:
Grant Contract N
2. GRANTEE
The Crantee cenifies th¢t Ure appropriate penon(sf
hwe ezecuted the gron[ wnb¢ct on behalf of the Crantee as
requtiied by ¢ppticable articles, bylaws, ruolutions, or ordinances.
By:
Tifle: Director of St. Paul Financial Services
Date:
B
TiNe: City Attomey of St. Paul
Date:
Br . -
Title: Chief of St. Paut Po 'e
Date: - t l a/ �
By.
(with delegated authority)
Tide: Directoc Oflice ofTraffic Safetv
Date:
Distriburion:
DPS/FAS
Gran[ee
State's Authorized Representative
N
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FEDERAL AUDTT REQUIREMENTS
For subrecinients that aze state or local overnments non- rofit organizations or Indian tribes
EXIIISTT I
Page 1 of 2
If the gantee expends total fedecal assistance of $300,0110 or more per year, the gantee agrees to obtain either a
single audit or a program-specific audit made for the fiscal year in accordance with the terms of the Single Audit Act
Amendments of 1996.
Audits shall be made annually unless the state or local govemment has, by January 1, 1987, a constilutional or
statutory reqnirement for less frequent audits. For those governments, the federal cognizant agency shall pennit
bieimial audits, covering both years, if the govemment so requests. It shall also honor requests for biennial audits by
govemments tt�at have an administrative policy calling for audits less frequent than annual, but only audits prior to
1987 or administrative policies in place prior to January 1, 1987.
For subrecinients that aze institutions of hi¢her education or hos itals
If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the g�antee agrees to
obtain a financial and compliance audit made in accordance with OMB Circulaz A-110 "Requirements for Grants
and Agreements with Universi6es, Hospitals and Other Nonprofit Orgacrizations" as applicable. The audit shall
cover either the entire organization or all federal fiuids of the ozganization.
The audit must detenniue whether the subrecipient spent federal assistance funds in accordance with applicable laws
and regulations.
2. The audit shali be made by an independent auditor. An independent auditor is a state or local govenunent auditor or
a public accountant who meets the independence standards specified in the General Accounting Office's "Standards
for Audit of Govemmental prganizations, Programs, Activities, and Functions."
3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circulaz A-133
(or A-110 as applicable).
The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public
Accounts' (AICPA) audit guide, "Audits of State and Local Govenunental Units," issued in 1986. The federal
govenunent has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the fmdings 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 fmdings. If corrective action is not necessary, a statement describing the reason it is not should accompany
the audit report.
4. The grantee aa that the grantor, the I.egislative Auditor, the State Auditor, and any independent auditor
designated by the gantor shall have such access to grantee's records and financial statements as may be necessary for
the grantor to comply with the Single Audit Act Aanendments of 1996 and OMB Circulaz A-133.
5. Grantees of federal financial assistance from subrecipients are also requ'sed to comply with the Single Audit Act and
OMB Circulaz A-133.
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
7. The grantee agrees to retain documentation to support the schedule of federal assistaTyce for at least four years.
FFY 04 Treffic Safety Gant (S&S May 04) � �
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EXHIBTP I
Page 2 of 2
8. Reau'ired andit reoorts must be filed with the State Auditor's OfFce Single Audit Division and with federal
.,..a .. - - --- — _ . �. _ - - • -
OMB Circular A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the audit
reQort within 30 days after issuance to the central clearinghoose at the following address:
Bureau of the Census
Data Preparation Division
1201 East l Oth Street
Jeffersonville,Indiana 47132
Attn: Single Audit Cleariughouse
The Department of Public Safery's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Admiiristrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, MN 55101-5126
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