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05-563Council File # O.S Sb3 Green Sheet # 3026605 RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: Committee:Date: 1 WHEREAS, the City oFSaint Paul, Police Department, has received a Coverdell Forensic Grant from 2 the Minnesota Department of Public SafeTy; and 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 zs 26 27 28 29 30 WHEREAS, this grant provides funding for equipment needed to collect samples of evidence at crime scenes; and WHEREAS, the City Council authorized the City oFSaint Paul to enter into the grant agreement on May I1, 2005 (council file #OS-46�; and WHEREAS, a 2005 Snancing 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 $10,000, in excess of those estimated in the 2005 budget; and WHEREAS, The Mayor recommends that the following addition be made to the 2005 budget: CURRENT BUDGET CHANGES 436-Police Special Projects Fund FINANCING PLAN: 34095 - Coverdell Forensic Grant 3199-Other Federal Direct Grants-State Total Changes to Financing SPENDING PLAN: 34095 - Coverdell Forensic Grant 0848 - Capitalized Equipment 10,000 �b;b'6'� 10,000 AMENDED BUAGET 10,000 10,000 31 Total Changes to Spending 10,000 32 33 THEREFORE BE IT RESOLVED, that the Saint Paul CiTy Council accepts this grant and approves the 34 changes to the 2005 budget. 35 Yeas ✓ Requested by Department of: Police Recommended by Financial Services: Adopted by Council:Date: (/yh� �, Adoption Certified by Council Secretary: By: �,/� AQproved ayor:Date: • B ,�%r+�yvw�� , Covertlell Forensic Grant accept grant & bud t. 2005 0 By: by City Attorney: By: �ty� Mayor for Su ����� �� OS- Slv3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � . ._....,.. _ ___�." .. ..�..._ �. . �.� DepartmeMloificelcouncil: � Date Initiated: ' Po -Po�;ce�,�„e�� �Y-05 Green Sheet NO: 3026605 Contact Person 8� Phorre• �eoartment SeM To Person InitiaVDate ChiefJohnHarzingWn � 0 Iice e artn o P li e artm n 2665588 A55ign 1 otice De rhneut De artment Director � Must Be on Council Agenda by (Date): Number 2 � A rne Ci A me F6r 3 a or's Of3ice Ma or/A istant Routing Ofdef 4 ouncil Cou '1 . 5 i lerk Ci Clerk 6 lice � e artm n P Iice De artmen Total # of Signature Pages _(qip All Locations for Signature) . Action Requested: Signawres requested on the attached council resolution accepting a Coverdell Forensic Grant and establishing a 2005 fmancing and spending plan for the gant. Recommendations: Approve (A) or Reject (R): Personal Service Contrects ust Answer the Following Questions: Planning Commission 1. Nas this persoalfirm ever wor dLnder a cnntrad for this departmeot? CIB Committee Yes No - Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No .. � � 3. Does this person/firm possess a skill not normally possessed by any . current city employee? � � Yes No " Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoMunity (Who, What, When, Where, Why): The City Council authorized the City of St. Paul to enter into a Coverdell Forensic Grant agreement on May 25, 2005 (counci] file #OS- 467). A 2005 financing and spending plan needs to be established for this grant. AdvanWges If Approved: The Coverdell Forensic Grant provides funding for equipment that will enable faster, more accurate collection of samples at crime scenes. These samples are crucial evidence for successfial outcomes in criminal court trials. Disadvantages If Approved: � None. s JUN 1 Q 2005 Disadvantages If Not Approved: Inabiliry to use grant funds available that will provide equipment needed to collect samples of evidence at crime scenes. Total Amount of 10000 � CosURevenue Budgeted: ' REbEIYED " Trensaction: - Funding source: State of Minnesota Activitv Number. 34095 JUN Y�3 2005 Fi nancial Information: (Explain) MAYOR'S OFFICE RES�LUTI{JN CITY OF SALNT PAUL, yIIN'.�7ESOTA Presented Bv: Referred Ta: 05- S�3 Council Fi9e # Green Sheet # Cammittee:Date: 1 WHF.ILEAS, t6e City of Saint Paul, Police Department, weshes to enter into a Coverdefl Foreosic Grant 2 lYlinaesoYa Department ot Public Safety; and 3 4 WFIEREAS, 4his grant provides funding for equipsnent oeeded to collect esidence at crime scenes; an+3 5 THEREFORE 33E TT RESOLVED, thaY the Saint I'aul City Councii auYi�orizes che Cit}• of Ssini Paui ; to enter iato, and +Chief John Harrington to implement the attached agreement, which incln8es an 8 incDemnificatioa dause. A cogc o£ said agreement 6s to be kept on �te and on record en the O�ce 9 of Financial Services. Ifl II iz f3 P�4 �s I� l7 B$ 19 24 21 22 23 � 5����� �, ��� � �� p � � � � �� �� � 24 xs 26 27 2S 29 ve� Nays 5} neeaenc Itequ�ested by Ilepartment of: PoOice � Adopted by Couaecii:Dste: Ado{rtion Certi#ied 3r�• Couscil Secretary: ➢3y: Aggsrovgs3 hu Mayor.IAate: � Approvai Recommended by Fanaaciai Services: �r• Form Approved by Citv Attorne�: � Approved bv ia'iayor t'oe 5ubmission to �oueecil: �Y� i CnuwrHeli Farenstc Grant autho4ze grar# agreemeM.cc2005 � 5�� STATE OF NIINNESOTA GRANT CON'LRACI` This grant conhact is be[ween the State of Minnesota, acting thmugh its Commissioner of Public Safe4�Office of Justice prom�amc 444 Cedar Streek Suite 100 St Paul MN 55101-5100 ("State") and Citv of St Paul Police D�artment 367 Grove Street St Paul Minnesota 55101 ("Cnantee"). Recibls Under Minn. Stat. § 299A01, Subd 2(4), the State is empowered to enter into this grant contract. Federal funds for tivs grant contract are provided from the U.S. Department of Justice, Office of Justice Programs for the purpose of Impmved Forensic Services T7unugh a Consolidated Plan. The State is in need of development and implementation of the Minnesota Consolidated State Plan for Forensic Science Laborntories for the Minnesota Criminal Justice Community. The Grantee represents that it is duly gualified and agrces to perform all services descn`bed in flus gsnt conhact to the satisfaction of the State. Grant Contract Term of Grant Contract 1.1 Effective date: October i. 2004, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, wluchever is later. Once this grant conhact is fiilly executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements wffi only be made for those eacpenditures made according to the tenns of this grant contract. 1.2 Fxpiration date: �tember 30. 2005, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13.Goveming Law, Jurisdicfion, and Venue; and 15. Data Disclosure. Grantee's Duties 2.1 The Gtantee, who is not a state employee, will perform all of the duties and tasks specified in the Grantee's grant application for this progr�v, which is incoiporated by reference into this gant conhact and is on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minuesota. 22 The Grtautee agrees to comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of 7ustice, Office of Justice Pmgruns Financial Guide. 23 The Grantee assures that fedeial funds made available under ttris grant contract will not be used to supplant state or local funds but will be used to increase the amounts of such funds that wouid, in absence of federal funds, be made available for criininal justice activities. 2.4 The Grantee assures that it uses generally accepted laboratory practices and procedures as established by accrediting organizarions or appmpriate certifying bodies. 2.5 The Grantee will provide necessary training to their employees concerniug the use of equipment purchased tlu'ough this grant contract, and shall not permit the equipment to be tampered with or operated by individuals who are not pmperly trained. The Grantee assumes total responsibility of the proper handling, use and maurtenance of the equipment and will bear all costs of maintenance, repair and/or replacement related to equipment. Equipment purchased through this grant contract is the property o£ the Grantee 2.6 The Gcautee will submit written pmgress reports to the State on a quarterly basis and submitted within 30 days after the end of the quarter. Quarterly progress reports must be submitted in a fotm and ivanner prescribed by the State. Other requirements, if necessary, will be given to the Grautee in writing by the State's Authorized Representative. 2.7 The Grantee will submit a Final Activities Report in a form and mauuer prescnbed by the State no later thau 30 days after the Expiration date of this grant contract. 2.8 The Grantee assures that it will comply, and all its subcontractors will comply Wlth ttiC IIOII(�SSC`T�*mnatlOII requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Tifle VI of the Civil Rights Act of 1964, as amended; Section 504 of the NFSIA aon-sbte agency (03/OS) Narional Forensic Sciences improvemeM OS OJP Grant Number 2005-NFSiA-00410 . . bS-S'�3 Rehabilitation Act of 1973, as amended; Subrifle A, Title II of.;he-Americans with Disabilities Act (ADA) (1990); Tifle IX of the Education Amendments of 1972; the Age Dscrim;nation Act of 1975; the Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subpazts C, D, E and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 1n flie event a Fedeial or State court or Federal or State administrative agency make a finding of discrimination after a due process hearing on the grounds of race, color, religion, nationai origin, sex, or disability against the Grantee or its subconiractois, the Grantee will forward a copy of tUe finding to the State. Ttie Grentee will pruvide an Equal Employment Opportuuity Plan if zequired to maintain one, where the application is for $500,000 or more. 2.9 This a-ant contract is subject to all applicable fedeial and state statutes and regulations, including, but not limited to the followiug: (1) 28 CFR Part 22, Confidentialityof Identifiable Research and Statistical Information_ (2) 28 CFR Part 46, Protection ofHuman Subjects. (3) 37 CFR Part 401, Patents and Intellectual Property. 2.10 The Grantee agrees that the U.S. Depaztment of Justice sl�all have a nonexclusive, nontransferable, irrevocable, license to reproduce, publish, or otherwise use or allow othets to use for Federal government punwses: 1) the copyright in any work developed under this gant contract and 2) any rights of copyright to wluch the Grantee purchases ownership under this grant contract. 2.11 The Grantee agrees to maintain compliance with the Nationai Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq. by signing a separate Protected Resource Checklist form wluch is on file at 444 Cedar Street, Suite 100, St. Paul, Minnesota, 55101. 2.12 The Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circulaz A-133. Federal Audit Requirements is attached and incorporated and made part of this grant contract. See Extribit B. 3 Time The Grantee must compiy with all the tixne requirements described in this grant contract. In the performwce of ttris grant wntract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Crrantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $10.Q00.00 according to the breakdown of costs contained in E�ibit A, which is attached and incorporated into ttus grant contract. The Grautee wIll submit a revised budget for any deviation of $200.00 or 10%, wluchever is higher, from the approved budget lines in E�ibit A. The revised budget must be approved by State's Authorized Representative before any expenditure can be made based on the revised budget. (2j Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a resuk of this grant conhact will be paid in the same manner and in no greater amount thau provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incomorated into this erant contract by reference. The Grantee will not be reimbursed for travel and subsistence expenses incLUred 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 detem�ining whether havel is out of state. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matctring requirement, for the grant contract, will be met by the Grantee: 0 000.00. (4) Total Obligarion. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed 10 000.00. $10.000.00 is available from October 1. 2004 throuQh September 30. 2005. Funds not e�ended bv the Crrantee for this program bv September 30. 2005 will be canceled. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Prog,ram's Grant Ivianual. (1) Financial Guidelines. Gzantee shall comply with all policies, procedures, and provisions applicable to each NFSIA noa-stace agency (03/0� National Foreusic Scie�es Improvemen[OS OIP Grant N�ber 2005-7VFSIA-00410 os-� �3 source of funding re�eived. Grantee shall comply with the aurrent Office of 7ustice Program's Grant Manual. No funds will be disbiused for activities not identified in thegoa}s and objectives or work plan submitted on the gant application forms prescnbed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding soruce. (2) Sudget Revisions. Crrantee shall submit a wrifxen budg� revision request to the State's Authorized Representative before any expenditure can be made based on the revised budget. Submission and approval of a budget amendment is necessary if a) a line item will deviate by $200 or 10%, wlricheva is higher, from the approvecl budget, or b) a new line item that was not part of the approved budget will be created. (3) Closeoat. Grantee shall have unti145 days after the Er.piration date of this grant conhact, to submit a report of all funds and interest received and disbursed. If a report is not submitted within ihis time period, expenses claimed on the report may be disallowed and the State may request a refund of those monies from the Grantee. (4} Records. Grantee shall retain all financial records for a minimum of six (6) yeazs after the date of su6mission of the final financial status report, or until completion of an audit whicli has commenced before the expiration of this suc-year period, or until any audit findings and/or recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 4.3 Payment (1) Invoices The State will prompdy pay the Grantee after the Grantee presents an itemized invoice for the services achially performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily performed. Expendihires for each state fiscal year of this grant contract must be for services performed withiu the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. The final invoice pertainine to each state fiscal yeaz of this g�ant contract must be received by Julv 31 of that calendar vear. Reimbursements from the next fiscal ve�rfs) mav commence on or after July„1 of that calendar year. The final invoice must be received no later than 45 davs after the E�cpiration date of this graut conlract. (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contrnct will be made from federal funds obtained by the State through CFDA number 16.560 of the Omnibus Crime Control and Safe Streets Act of 1968 Section 201 as amended and the Anti-Drug Abuse Act of 1988. Public Law 100-690. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsbility for any requirements imposed by the Grautee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under ttus grant contract must be performed to the State's satisfaction, as determined at fihe sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regularions. The Grantee will not receive payment for work found by the State to be unsarisfactory or performed in violarion of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Leah Lo�ez C'Irants Specialist Intermediate. 7ustice and Communitv Grants 444 Cedar Street Suite 100. St. Paul. Minnesota 55101. (65 11 284-3 334, or his(her successor, and has the responsibility to monitor the Grwtee's performauce 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 Grautee's Authorized Representative is 3ohn Mazk Harrington. C;hief of Police St Paul Police Department 367 Grove Street St PauL Minnesota 55101. (6511266-5588. If the Grantee's Authorized Representative changes at any time during this grant conhact, the Grantee must immediately notify the State. NFSIP. non-sqte ageacy (03/os) National Forensic Scieaces Improvement OS OJP Grant Numbez 2005-NFSL4-00410 �5.5�3 1 Assignment, Amendments, Waiver, and Grant Contract Comgiete " 71 Assignmenz The Grantee may neithei assign nor transfer any rigkis oz obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, �ecuted and approved by the same pazties who executed and appmve3 tbis gant contract, or their successors in office. 7.2 Amendments Any amendment to this grant conhact 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 co�ract, or their successois in office. 73 Waiver. If the State fai]s to enforce any provision of this grant contract, that failure does not waive the provision or its right to enfoice it. 7.4 Grant Coniract Complete. This gant contract contains all negotiations and agreements betwcen the State and the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either pazry. 8 Liability The Grantee mtist indemnify, save, and hold the State, its agents,'and employees hannless from any claims or causes of action, including attomey's fces incurred by the State, arising from the perfom�ance of this grant contract by the Grantee or the Crrantee's agents or employees. Tiris clause will not be construed to baz any legal remedies the Grautee may have for the State's failure to fulfill its obligations under ttris grant contract 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this giant contract are subj ect to exaznination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a uunimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Pracrices 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 ihe release of the data referred to in tlus clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Cn�antee must immediately notify the State. The State will give the Grantee inshuetions concerning ihe release of the data to the requesting par[y before the data is released. 11 Workers' Compensation T'he Gtantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workeis' wmpensation insurance covexage. The Crrantee's employees and agents will not be considered State employees. Any clanns that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any clauus made by any third party as a consequence of any act or omission on the part of these employees aze in no way tha State's obligation or responsibility. 12 Publicity and Endorsement 121 Publicity. Any publicity regazding 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, infoimational pamphlets, press releases, research, reports, signs, and similaz public notices prepared 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. Any publications (written, visual, or sound) — excluding press releases and newsletters — shall confain the following statement: "This pmject was supported by Grant No. 2004-DI3 BX- 0160 awazded by the National Institute of Justice, Office of Justice Prograws, US Depar�ent of Justice. Points of view in ttus document are those of the author and do not necessarily represent the official position or policies of the US Department of Justice." 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. NFSV+non-state agency (03/OS) National Forensic Sciences ImprovaneM OS OlP GrantNumber2005-NFSIA-00410 ���3 13 Governing Law, Jnrisdiction, and Venne Minnesota law, without regard to its choice-of-law pmvisions, goveins. this gant contrac� Venue for all legal proceedings out of this gant conhact, or its breach, must be in flie appropriate state or fedecal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the Stat� The State may cancel this gant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon ternunation, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily per€ormed. 14.2 Termirtation by the Grantee. The Cnantee may request temunation upon 30 day's notice to the State's Authorized Agent Upon termination the Grantee is entitled to payment for services actually performed and agrees to retum any unused funds to the State. 14.3 Termination for Insufficient Funding. The State may immediately tenuinate this grant contract if it does not obtain funding from the Minnesota Legisiature, or other funding source; or if fiwding cannot be continued at a level sufficient to allow for the payment of the services covered here. TPrn�+n_ation must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that aze provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined 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 termivated because of the decision of the Minnesota I,egislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federdi employer tax identificarion number, and/or Minnesota ta� 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 enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. REMAINDER OF PAGE INTENTIONALLY LEFT BI,ANK. NFSTA non�tate agency (03/OS) Nationa] Forensic Sciences Improvement OS OIP Grant Numbec 2005-1VFSIA-00410 1. ENCUMBRANCE VERIFICATION Individual certifir_r thatfiouLs have been encumbered ar reqrdred by Mbuc Staz ,�§ 16A15 m�d 76CO5. Signed: � Caant Contraa No.: 9300-1508/2005-NFSLA-00410 2. GRANTEE The Grmuee certifiu that the appropriate person(s) - have ececuted the grant contract on behalfofthe Grmvee as re4m,ed bJ' aPPGcab7e mYicler, bylaws. rerolufions, or ord"mmu�. By. Tifle: Date: 1 � By: T�a�: Date: � B}': Titl Date BY� D3CE TiCl 3. STA'FE A6ENCY C��� 3 By .. . (widv delegazed �city) Tifle: Dater. Dish�bution: DPS/FAS Grnntee State's Authorized Repxesentative NFSL4 xwn-state agency (03/OS) National Foreasic Sciences Improvemeo[ OS OJP Crzant N�mmber 2IX15-NFSIA-00410 6 EXHIBIT A ���� � s� �.,� _ �� � OFF(CE OF JUSTICE PROGRAMS Grantee: St Paul Police Department � �� ; 2005-NFSIA-00410 �� � Grant Number. =°°� � Qrogfam �Om�O�lent: Forensic Laboratory Improvement Coverdell Forensic Grant � Budget Category Award Equipment over $5,000 $10,000.00 Totai $10,000.00 os-�3 Exhibit B, page 1 of 2 FEDERAL AUDIT REQUIREMENTS For subrecioients that are state or locai aovemmenfs. non-�r�t oraanizations. or indian tribes If the grantee expends total federal assistance of $500,000 or more per year, the granfee agrees to obtain either a single audft or a program-spec�c audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made an�ually uniess the state or locai govemment has, by Januaryl, 1987, a constitutional or statutory requirement for less frequent audits. For those govemme�ts, the federat cognizant agency shall permR biennial audits, covering both years, if the govemment so requests. It shail aiso honor requests for biennial audits by govemments that 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 subreci�ients that are institutions of hiaher education or hosoitafs If the grantee expends totai direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110 °Requirements for Grants and Agreements with Universities, Hospitais and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must detettnine whether the subrecipient spent federal assistance funds in accordance with appiicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or locai government auditor or a public accountant who meets the independence standards specfied in the General Accounting Office's "Standards for Audit of Governmentai Organizations, Programs, Activities, and Functions ° 3. The audit report shail state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as appiicabie). The reporting requirements for audit reports shali be in accordance with the American institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Govemmental Units,° issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, inciuding a plan for corrective action taken or planned and comments on the status of correetive action taken on prior findings. If corrective action is not necessary, a statementdescribing the reason it is not should accompany the audit report. 4. The grantee agrees that 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 financial statements as may be necessaryfor the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federai financiai assistance from subrecipients are aiso required to complywith the Single Audit Act and OMB Circular A-133. (04/03) . . �-5�3 F�chibit B., Page 2 of 2 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to supporttheschedule of federal assistance for at leastfour years. 8. Reauired audit reuorts must be filed with the State Auditor's Qffice Sinale Audit Division and with federal and state aaencies orovidina federal assistance, and the Deaartment of Pubiic Safetv within six months of the arantee's fiscal vear end. OMB Circular A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central ciearinghouse at the foliowing address: Bureau of the Census Data Preparation Division 1201 East10th Street Jeffersonviile, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Pubiic Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 (12/04)