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06-1107Council File # Green Sheet # RESOLUTION CTTY OF SAINT PAUL, MINNESOTA Presented By: 06 -��o � 3034709 /� Referred To: Committee:Date: 1 WIIEREAS, the City of Saint Paul, Police Department, pursuant to the attached grant application, 2 which includes an indemnification clause, needs City Council review and endorsement of the attached 3 Safe & Sober grant applicarion; and 4 5 WHEREAS, this grant provides funding to increase compliance with traffic safety laws by enhanced 6 enforcement of traffic laws coupled with educarion and media relarions; and 7 8 BE IT RESOLVED, that the Saint Paul City Council accepts this grant and authorizes 9 Chief John Harrington to administer the grant, if accepted. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Requested by Department of: Adopted by Council: Date: /a//�/D� �^� Adopfion Cer�tifie�d by Co cil Secretary: BY� // //s��%.C�h Approved � Date: ��"J/ �/�� Approved • M yor for Subm' ion to Council: r By . Q:\Fiscal�,40&CR�2006\Safe&Sobe2006.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gree� Sheet � 06 -//o � `. pp �oliceDeparunrnt i : Contact Person & Phone: Chief.bhn Harrington ! 2665588 i Must Be on Council Agenda by (Date): '�, Doa Type: RESOLUTION ,' E-0ocumentRequired: Y I DocumentCOnfact: Da�ePWCinak � ContactPhone: 26G5727 � Total # of Signature Pages _ (Clip Date Mitiated: ' �.�,o�-� ! Green Sheet NO: 3034709 � �eparunent aentiorerson mmauvaie j 0 Pdice Deoariment � Pdice Deoarhnent I i A55ign 1 -Pdice Deoar�ent ' Pdice Deoarhnent ��"`' Number I 2 ,'(y�vAttamev I C'tvAtrornev �/ For { ,, Routing � 3 'Ms w's Oflice Mavor ' Order � 4 �o¢nc ' Council I 5 �(.iN(`lerk i (tiNf`lerk 6 olice Deoazhnent ! Police Deoar�ent NlLOCationsforSignature) Signatures on the attached council resolution authorizing the CiTy of Saint Paul, Police Department, to accept a Safe & Sober grant and Chief 7ohn Harrington to administer the grant, if accepted. idations: Appro�e (A) a R Pla�ing Commission CIB Committee Citil Service Commission 1. Has this personlfirm e�er worked under a contract for this departmeM? Yes No 2. Has this person/firtn e�er been a city employee? Yes No 3. Does this peison/firm possess a skill not rrortnally possessed by any current cily employee? Yes No Explain all yes answers on separate sheet and attach to green sheet � I Initiating Problem, Issues, Opportunity (Who, Whet, When, Where; Why): � 1 The City of Saint Paul, Police Degartrnent, has authorization to receive a Safe & Sober grant from [he Minnesota Deparknent of Public „I Safer,y. A council resolution is needed to authorizz participation in the grant. i � i �� AdvantaS�eslfApproved: � - � The Safe & Sober grant piovides fund'mg to increase compliance with traffic safety laws by enhance enforcement of haffic laws I , I , I coupled with education and media relaUons. ;:> � `. _� � � DisadvanWges HApproved: i ' , ,� None. � V � d� �'� c' �� Disadvantages If NotApproved: Loss of funds available to increase compliance with haffic safety laws. — ,.�.., 7 otal Amount of 5�500 CosURevenue Budgeted: Tre�saetion: p�na�o� source: State of Minnesota Activity Number: 3Q147 Financial Information: (Explain) ,-;_ ; — F���� �a� �."��� UCL � � COU6 November 20, 2R06 2:19 PM- Page 1 0�-l/0 7 STATE OF MINN�50TA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Office of Traffic Safetv, 444 Cedar Street Suite 150 St Paul Minnesota. 55101-5150 ("State") and St. Paul Police Department, 367 Crrove Street. St. Paul. Minnesota 55101 ("Grantee"). The Grantee will participate in the Safe & Sober program in accordance with the following calendar of events: RecitaLs 1 Under Minn. Stat. §§ 4.075 and 299A.01. Subd 2(41 the State is empowered to enter into this grant contract 2 Federai funds for this grant contract aze provided under the U. S. Department of Transportation's State and Community Highway Safety Program, Catalog of Federal Domestic Assistance (CFDA) Number 20.601 and 20.600. This grant eontract is fuuded through the Minnesota Department of Public Safety, Office of Tr�c Safety's project entitled Safe & Sober with Communities, number 0'7-03-11 and 07-04-03. 3 The State is in need of a well-publicized, enhanced enforcement of traffic laws, especially of those laws related to passenger protection and impaired driving. 4 The Grantee represents that it is duly qualified and agees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effecfive date: October 1. 2006, or the date the State obtains all required signahues under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements will only be made for those expendiriues made according to the terms of this grant contract. 1.2 Expiration date: September 30. 2007, or until aU obligations have been satisfactorily fulfilled, whichever occurs fust. 13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Goverument Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: Participate in the Safe & Sober campaign, a program which seeks to increase compliance with tr�c safety laws, with emphasis on driving while impaired and passenger protection by enhanced enforcement of those laws coupled with education and media relations. The two-pronged approach is designed to increase the public's perception of the liicelinood of suffering negative consequences if they fail to comply. FFY U7 Sate & Sober (10/06) Page 1 of 8 o�-�lo� Mid-Summer The week before Seven days between July 1 and After the last day chosen but Speed � fust day of work chosen August 16 declded joindy with before Labor Day other agencies announced to the media Iabor Day August 7-16, 2007 August 17 - September 3, 2007 September 4-10, 2007 DWI iuc Lwcwuci wccxcuu ua�es aze consiaerea to incluae me early mommg hours oi the iollow�ng Jundays. Pazticipation in Safe & Sober 2007 is fiuther defined as: 2.1 Scheduling and conducting approximately 983 hours of addifional enforcement; including 184 hours of additional traffic patrol during the October seat belt and child seat Safe & Sober enforcement window, 184 hows of addirional traffic pat�ol during the December Safe & Sober enforcement window, 246 hours of additional traffic pah�ol during the Memorial Day seat belt and child seat Safe & Sober enforcement window, 123 hours of additional traffic pah�ol during the seven days of speed Safe & Sober enforcement window, and 246 hours of additional traffic pah�ol during the Labor Day DWI Safe & Sober enforcement window, and 0 hours of Additional TzafFic Enforcement not covered by any enforcement windows. 2.2 The enforcement agencies covered by this grant aze the St. Paul Police Deoartment and �artners: none. The Grantee is the Fiscal Agent for the partners. 2.3 The traffic patrols reimbursed by this grant will be conducted using only those individual officers whom the State approves as eligible. Eligibility is defined as completion of Occupant Protection Usage and Enforcement (OPUE) and Standardized Field Sobriety Testing (SFST) courses for each officer and the added requirements for officers from agencies in Safe & Sober for a second or subsequent yeaz to have aiso completed Advanced SFST: Drugs that Impair and for officers from agencies in Safe & Sober for a third or subsequent yeaz, who last had an SFST course prior to October 1, 2001, that they complete the SFST Update training. 2.4 Scheduling and conducting informal seat bek surveys at five sites during each of the following two time periods: from April 30 through May 6, 2007; and from June 4 through June 7, 2007. 2•5 Informing the media of the Safe & Sober progaw and keeping them apprised of plans, results, and issues. Through the media and other outlets as decided by the Grantee, informing the public of the program and issues. 2.6 Submitting a written plan to the State on the enforcement schedule and public/media relations activities_on or before October 2, 2006 for the October belt wave; on or before November 3 for the December DWI weekends; on or before April 23 for the Memorial Day seat belt wave; on or before June 18 for the seven days of speed; and on or before July 23 for the I,abor Day DWI wave. The plan will be on a form provided by the State. 2.7 Submitting a full wave report on ihe enforcement and public/media relations activities undertaken during officer hours reimbursed by the grant to the State on or before November 17, 2006 for the October seat belt and child seat work; on or before January 19, 2007 for the December DWI weekends work; on or before June 29, 2007 for the Memurial Day work; on or before August 31, 2007 for the seven days of speed; and on or before Septembet 28, 2007 for the Iabor Day DWI work. The full wave report will be on a form provided by the State. For the Safe & Sober full wave reports, the lead agency s»mmari,es reports of all individual agencies in the grant, only for those hours chazged to Safe & Sober, and provides that summary to the State. The final report is due October 26, 2007 and should include progress towazds meeting goals and objecrives and discussion of problems, solutions and successes. 2.8 Each agency named in this grant will separately submit a short report on the national mobilizations results, including certifying that media relations were conducted, on or before 5:00 PM Monday November 6, 006 for the October mobilization; on or before 5:00 PM Friday January 5, 2007 for the December crackdown; on or before 5:00 PM Friday June 8, 2007 for the Memorial Day mobilization; on or before 5:00 PM Friday August 24, 2007 FFY 07 Safe & Sober (10/06) Page 2 of 8 06-//0� on the number of speed citations between July 1 and August 16, 2007; and on or before 5:00 PM Friday September 7, 2007 for the Labor Day crackdown. Slightly different short report forms will be provided by the State prior to each mobilization or crackdown. 2.9 Shiving to achieve performance measures which can reasonably be expected to fiilfill the purpose of the grant by decreasing the incidence of impaired driving, increasing the use of seat belts, and increasing the public's perception of the likelihood of being stopped for violations of traffic safery laws_ 2.10 Striving to increase the number of DWI arrests and seat belt citations in the jurisdiction(s) covered by the gant. 2.11 When the Grantee is the lead agency for a gant covering two or more enforcement agencies, the Grautee will summarize the plans, full wave reports, and invoices for all the enforcement agencies into a single plan, full wave report, and invoice on or before the dates required and submit it to ihe State. Before fmalizing any subgrant contract under this grant contract, the Grantee shall submit copies of all subgant contracts to the State's Authorized Representative for review and approval. In the final report, include progress towazds meeting measurable objectives that were set out at the start of the grant period. Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circulaz A-133. Fedeial Audit Reqnirements is attached and incorporated and made part of this grant contract. See Exhibit A. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the perfonnance of this grant contract, time is of the essence. 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. 'I'he Grantee will be reimbutsed an amount not to exceed 53500.00 according to the breakdown of costs contained in the following budget table. The Grantee will submit a written budget revision request to the State's Authorized Representative before any expenditure may be made based on the revised budget. Submission and approval of a budget revision is necessary for any deviation of 5% or $500.00, whichever is greater, between approved budget lines of the current budget and/or any budget revision that will add additional budget ]ines and these revisions require an amendment to this grant conriact. Any budget revision must be approved by the State's Authorized Representative in writing before any expenditure may be made based on the revised budget. (2) Travel E�enses. Travel expenses aze not allowable for reimbursement under this grant contract (3) Matchiag Requirements. {If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Cttantee: $0.00 or the actual amount of the Grantee's reimbursable e�enditures for equinment specified in the budeet section 4 1(1 1 of this �ant contract Grantee shall submit a written budeet revision request to the State's Authorized Representative if the Grantee determiues the reimbursable costs for ,ec�u�i�ment aze less than expected if the Grantee determines that eq.��ment will not be FFY 07 Safe & Sober (10/06) Page 3 of 8 bb //v� nwchased then an amendment to this e rant contract must be executed to reflect the elimination of the Grantee's matching reqnirement.. (4) Indirect Cosls and Fringe Benefits. No Indirect Costs aze allowed under this g�ant contract (5) Tatal Obligation. The total obligation of the State for all compensation and reimbursements to the Crrantee under this grant contract wi]1 not exceed 53500.00. 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 invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears At a minimum an invoice for reimbursement for services satisfactorily performed must be submitted accordin¢ to the following schedule• services from October 21 throu October 30_ 2006 must be filed bv November 17 2006• services durin� e three December weekends (December 7— 9. 14-16 and 21 - 23_ 20061 must be filed bv Januarv 19 2007• services from Ma Z 1 throu 7une 3, 2007 must be filed b�une 29 2007• services from Julv 1 thzou�h Au¢ust 16 2007 must be filed by A�st 31, 2007: and services from Aueust 17 throunh September 3 2007 must be filed by Sektember 28 2007. If applicable. an invoice for services nerformed outside of the scheduled waves should be submitted with ihe invoice for the closest wave that is the same state fiscal year and bv the due date for that wave. All claims for reimbursement shall be supported by written documentation including receipts, invoices, and personnel titne reports. Final invoice vertaininF to the fust state fiscal year of thisgrant contract must be received by 3uly 31 2007 Reimbursements from the second state fiscal vear mav commence on or after Julv 1. 2007. The final invoice pertainine to the second state fiscal year of this erant contract must be received bv November 15 2007 Expenditures for each state fiscal vear of this 2rant contract must be for services nerformed within ap lip cable state fiscal vears. Every state fiscal �ear be¢ins on July 1 and ends on June 30 (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this gant contract will be made from federal funds obtained by the State through Title 23 CFDA number 20.600 and 20.601 of the State and Communitv Hiehwav SafetyAct of 1966 and amendments thereto. 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 unfler tlus grant contract must be perFormed to the State's satisfaction, as determined 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 Gzantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or locai law. Authorized Representative The State's Authorized Representative is Tina Folch. 444 Cedar Street St. Paul. Minnesota. 55101-5150 tele hone: 651-201-7063 or his/her successor, and has the responsibility to monitor the Grantee's perfortnance and the authority to accept the services provided under this gant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Sgt. Steve Koll. St. Paul Police �Jepartment 367 Grove Street. St. Paul. Minnesota 55101. telephone: 651-308-7998. If the Grantee's Authorized'Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 AssignmenL The Grantee may neither assign nor transfer any rights or obligations under this grant contract FFY 07 Safe & Sober (10/06) Page 4 of 8 D� i!a �- without the prior consent of the State and a fully executed Assi�ment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 72 Amendments. Any amendment to this gant 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 their successors in office. Minor changes in the tasks and budget of this grant contract may be made if requested in writing on behalf of the Crrantee and if approved in writing by the State. Changes requiring the approval of the U.S. Department of Transportation or resulting in reimbursement claims in excess of $535��.00 aze not minor changes. 73 Waiver. If the State fai]s to enforce any provision of this grant contract, that failure does not waive the provision or its rigJit to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either party. Liab�7ity 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 petformance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 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 aze subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Govemment Data Practices and Intellectual Property 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Govemment Data Practices Act, 2vlinn. 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 grazrt contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred 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 C'Jrautee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting patty befare the data is released. 10.2 Intellectual Properry Rights. All reports, studies, photographs, negatives, computer programs or other documents prepazed by the Grantee in the performance of its obligarion under this grant contract shall be the exclusive properry of the State. The Grantee may continue to use the materials to promote highway safety, but may not sell or offer for sale any physical or electronic documents developed under this grant contract, unless a plan to record such sales and make the proceecls available for traffic safety purposes is approved by the State. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurauce coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may atise under the Miuuesota Workers' Compensation Act on behalf of these employees and any ciaims made by any third party as a consequence of any act or omissioa on the part of these employees aze in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publzcity. Any publicity regazding the subject matter of this grant coniract must identify Lhe 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 oi FFY 07 Safe & Sober (10/06) � Page S of 8 o�-ird � jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grautee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minuesota law, without tegazd 4o its choice-of-law provisions, govems this grant contract Venue for all legal proceedings out of this grant conh or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Terminafion 14.1 Termina&on by the State. The State may cancel this gant contract at any time, with or without cause, upon 30 days' written notice to the Crrantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota I.egislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fas notice to the Grantee. The State is not obligated to pay for any services that aze provided after notice and effective date of tecmivation. However; the Grantee will be entitled to payment, deterniiued on a pro rata basis, for services satisfaetorily performed to the extent that funds aze available. The State will not be assessed any penalry if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable Cime of the State receiving that notice. 143 Termination for Failure to Comply. When the State fmds ihat there has been a failure to comply with the provision of tlus grant contract or with the provisions of the incoiporated Eachibits 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 disbursed. 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer ta� identification number, and/or Mivnesota taac identification number, already provided to the State, to federal and state talc agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tas laws which could result in action requiring the Grantee.to file state tax returns and pay delinquent state tae liabilities, if any, or pay other state liabiliries. l6 Equipment 16.1 Purchase of Equipment Any equipment purchased under this grant contract shall be used primarily for traffic safery 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 fust obtained pemussion from the State. Only equipment specified in this gant conhact may be purchased. 16.2 Responsibility for Equipmenz The Grantee shall be responsible for all operating, mauitenance, and repau costs of equipment purchased under this grant contract unless otherwise specified. Title to equipment acquired under this gant contract shall vest upon the Grantee. 17 Other This grant contract is subject to all applicable federal and state statutes and regularions, including, but not limited to the following: 17.1 Sec6on 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 Transportation Programs; 49 CFR Part 29 Subpart F— The Amg-Free Warkplace Act of 1988; 23 U.S.C. 101 Note and 41 U.S.C.lOa — Buy America Act; and 49 CFR Part 24 — Certificafion Reguding Debazment and Suspension These provisions FFY 07 Safe & Sober (10/06) Page 6 of 8 ' � //o� aze incorpomted by reference and made a pazt of this grant contract. 173 Title VI of the Civil Rights Act of 1964 as amended. 17.4 The Grantee certifies that the Grantee has a current safety belt use policy. 17.5 The Grantee certifies that the Grantee has in place or is cu[rently working on a policy for vehiculaz pursuits taldng into account the model guidelines issued by the Intemarional Association of Chiefs of Police FFY 07 Safe & Sober (1�f06) Page 7 of 8 1. ENCUMBRANCE VERIFICATION lndividual certifies th¢tfunds have beers enc�rmLered as required by Minn. Stat §§ I6A.I5 and 16C.05. Signed: Graz�t Contract No. 2. GRAN'I'EE The Grantee cenifiulhat the appropnate person(s)_ hme executed the grarzt corttract on behalfof the Gr¢nfee as required by app(icable articles, bylaws, resolulions, or ardin¢nces. Br• T�e� Dati By: r�e� Da6 By: Titl Dat By: TiH Dat Distribution: DPSlFAS Gtantee State's Authorized Represemarive FFY 07 Safe & Sober (Rev. 10/06) Page 8 of 8 D� 110� Ob -//o � Exhibit A Page 1 of2 FEDERAL AUDIT REQUIREMENTS Fo� subrecioients that are state or bcal qovernments non-profit oraanizations or {ndian tribes lf the grantee expends totai federal assistance of $500,000 or more per year, the grantee agrees to obtain either a singie audit or a program-specfic audit made for the fiscal year in accordance with the terms of the Single Audit Aet Amendments of 1996. Audits shall be made annually unless the state or local govemmertt has, 6y January 1, 1987, a constitufional or statutory requirement for less frequent audits. For those governments, the federai cognizant agency shali permit biennial audits, covering both years, 'rf the government so requests. lt shall also honor requests for bienniai audits by governments that have an administrative policy cailing for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to .lanuary 1, 1987. For subrecioients that are institutions of hiaher education or hosoitals If the grantee expe�ds total 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, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federat funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a pubiic accountant who meets the independence standards specified in the Generai Accounting Office's "Standards for Audit of Govemmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A- 110 as applicable). The reporting requirements for audit reports shall be in accordance with the American I�stitute of Cert�ed Pubiic Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal govemment has approved the use of the audit guide. fn addition to the audit report, the recipie�t shail provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned a�d comments on the status of corcective action taken on prior findings. If corrective action is not necessary, a statement describing 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 sha41 have svch access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federai fina�cial assistance from subrecipients are also required to comply with tfie Single Audit Act and OMB Circular A-133. 6. The Statement of Expenditures form ca� 6e used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. FFY 07 Safe & Sober (10/06) �� ��O � EachibitA Page 2 of 2 8. Required audit reaorts must be filed with the State Auditor's Office Sin41e Audit Division and with federal and state aaencies urovidina federal assisfance and the Deoartment of Public Safetv within nine months of the grantee's fiscal vear end. OMB Circular A-133 requires recipients of more than $500,000 in federal funds fo submit one copy of the audit report within 30 days after issuance to the central ciearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, {ndiana 47132 Attn: Singie Audit Clearinghouse The Department of Public Safetys audit report should be addressed fo: Minnesota Department of Pubiic Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 FFY 07 Safe & Sober (10l06)