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07-1101RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: Council File # � Green Sheet # Committee:Date: 1-� 1 WHEREAS, the City of Saint Paul, Police Department, pursuant to the attached grant applicafion, 2 which includes an indemnificafion clause, needs City Council review and endorsement of the attached 3 Safe & Sober grant applicarion; and 4 5 WHEREAS, this grant provides fundiug to increase compliance with traffic safeTy laws by enhanced 6 enforcement of traffic laws coupled with education and media relations; 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: Police � Adopted by Council: Date: ���a( �a��j} � Adopfion Cerfified by BY� ��%/i� Approved Date: � Secretary: � �27�� For(�i A • ved by City Attorney: By U ,/ `' Approve y yor for Sub nissio� to Council: By: �— , Q:\FiscalAfiairsW O&C R�ZO�\Safe&Sobe20�.xis � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 1I7�1/Dl DepartmenT/office/council: i Date ini[iated: PD - Po�«�v�ent .,2-�-0� ; Green Sheet NO: 3045146 CoMact Person & Phone: Chief John Harrington 266-5588 Mus[ Be on Couneil Agenda by Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Evette Scarver Contaet Phone: 266-5547 � �.. �eunrunem aem �o rerson mmauua 0 �dice Departwen[ Police DeD�'Iment Assign 1 1 �o7iceDeoar�ent � PdiceDepazhnent i Number I Z �tyAfiornev I CitvAt[ornev `�—�'" For Routing i 3 �Yfavor's Offce I Mavor Order I 4 �� Conucil ,� 5 City Clerk C7tv Clerk I 6 oliceD az�ient PoliceDe arhnent Tmaf # of Signature Pages _(Cfip All Locffiions for Signature) '� Signatures on the attached council resolution au[horizing the City of Saint Paul, Police Departmen[, to accep[ a Safe & Sober grant ��� and Chief John Harrington to administer the gran[, if accep[ed. iaa[ions: approve (n) or r+ Planning Commission CIB Committee Civil Service Commission 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Dces this persoNfirm possess a sYJtl not nortnally possessetl by arry current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet I Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Saint Paul, Police Departrnent has authorization to receive a Safe & Sober grant from [he Minnesota ! Public Safety. A council resolution is needed to authorize participation in the grant. Departrnent of �, Advantages If Approved: ' The Safe & Sober grant provides funding to inerease compliance wi[h ffaffic safety laws by enhance enfoLCement of traffic laws I, coupled with education and media relations. Disativentages If Approved: None. Disadvantages If Not Approved: � Lost of funds available to increase compliance with traffic safery laws. �i � -`- - = ��� > ����� � � �� ,�� � a �.� �duo �d� d t�� E' � ���������""� $50,000.00 Trensaction: Funa�ng so�rce: State of Minnesota Financia l Information: (Explain) October 12, 2007 12:51 PM CosURevenue Budgetetl: Activity Number: 34147 Page 1 .__ t�av�� Grant Contract Number 9200 2379 STA'I'E OF MIlVNESOTA �� � �(� / GRANT CONTRACT This grant contract is behveen the State of Minnesota, acting through its Commissioner of Publie Safetv, Office of Traffic Safetv, 444 Cedar Street Suite I50 St PauL Minnesota 55101-5150 ('State") and the St. Paul Police Deoartment 367 Grove Street, St. Paul. 55101 ("Grantee"). Recitals 1 Under Minn. Stat §§ 4.075 and 299AA1. Subd 2(41 the State is empowered to enter into this grant contract. 2 Federal 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 (CFAA) Numbers 20.600 and 20.601. This grant contract is funded through the Minnesota Department of Public Safety, Office of Traffic Safety's projects enfiUed Safe & Sober with Communities and' Safe & Sober DWT with Communities, numbers 08-04-03 and 08-03-11. 3 The State is in need of well publicized, enhanced enforcement of traffic laws, especially laws related to passenger protection and impaired driving. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this gant contract to the safisfacrion of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: October 1 2007 or the date the State obtains all required signatures 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 expenditures made according to the terms of this grant contract 1.2 Expiration date: Sentember 30. 2008, or until all obligations have been satisfactorily fiilfilled, whichever occurs first. 13 Survival of Terms. The following clauses survive the expiration or cancellafion of this gant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Properry; 12. Publicity and Endorsement; 13. Goveming I,aw, Jurisdiction, and Venue; and 15. Data Disclosure. �,� 2 Grantee's Duties The Grantee, who is not a state employee, will: 2 Q(�j Participate in the Safe & Sober campaign, a program which seeks to increase compliance with� afety laws, with emphasis on driving while impaired and passenger protection by enhanced enforcement of those la �tpled with education and media relations. The two-pronged approach is designed to increase the public's percep 'on of the likelihood of suffering nega6ve consequences if they fail to comply. - -- The-C3rantee will-participat�in-Lhe Safe & Sober program=in-accordanc�with-ihe following-calendar of events: FFY 08 Safe & Sober Grant (08/07) page 1 of 8 with other agencies May Seat Belts & Child Seats May 9 - I8, 2008 May 19 - June 1, 2008 Fourth of July** DWI Informal Survey April 28 - May 4 June 24 - July 2, 2008 July 3- 5, 10 - 12, 17 -19, and 24 - 26, 2008** Grant Contract Number 9200 2379 the media jf �"/ �� l June 2 - 8, 2008 Informal Survey June 2-5 August 1- 7, 2008 # These dates (wlrich aze Thursdays, Fridays, and Saturdays) aze considered to include the eazly moming hours of the following Sundays: December 9, 16, 23, and 30 as well as during daylight hours on Saturdays. **These dates (wtrich aze aLso Thursdays, Fridays and Saturdays) are also considered to include eazlymoming hours of the following Sundays: July 6, 13, 20, and 27. Participation in Safe & Sober 2008 is fiuther defined as: 21 Scheduling and conducting approximately 949 hours of additional enforcement; including 174_ hours of additional haffic patrol during the Octobez seat belt and child seat Safe & Sober enforcement window, 175 hours of additional traffic patrol during the December 5afe & Sober enforcement window, 235 hours of additional traffic patrol during the Memorial Day seat belt and child seat Safe & Sober enforcement window, 130 hours of additional traffic patrol during the seven days of April speed Safe & Sober.enforcement window, 235 hours of additional traffic patrol during the July DWI Safe & Sober enforcement window, 0 hours of DWI enforcement on dates as agrced upon by the State and Grantee, and 0 hours of Additional Traffic Enforcement not covered by any enforcement windows on dates at the Crrantee's discretion. 2.2 The enforcement agencies covered by this grant aze the St. Paul Police Aepartment and partners: none. The Crrantee is the Fiscal Agent for the partners. 2.3 The traffic patrols reimbursed by this grant will be conducted using only those individual off'icers whom the State approves as eligible. Eligibility is defined as completion of Occupant Protection Usage and Enforcement (OPi7E) 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 also 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, 2002, that they complete the SFST Update training. 2.4 Scheduling and conducting informal seat belt surveys at 5 sites during each of the following two time periods: from Apri128 through May 4; and from June 2 through June 5, 2008. 2.5 Informing the media of the Safe & Sober program 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 pzogram and issues. 2.6 -Submitting a�vritten-plan�o the�tate on the enforcement schedule and-public/media-relat�ons-acrivities on or before Monday, October 1, 2007 for the October belt wave; on or before Tuesday, November 13, 2007 for the December DWI weekends; on or before Monday, Mazch 17, 2008 for the seven days of April speed; on or before Monday, Apri121, 2008 for the Memorial Day seat belt wave; and on or before Monday, June 16, 2008 for the July DWI wave. The plan will be on a form provided by the State. 2.7 Submitting a full wave report on the enforcement and public/media relafions ac6vities undertaken during officer hours reimbursed by the grant to the State on or before Friday, November 16, 2007 for the October seat belt and child seat work; on or before Friday, January 18, 2008 for the December DWI weekends work; on or before Friday, May 16, 2008 for the seven days of speed; on or before July 11, 2008 for the Memorial Day work; and on or before Friday, August 29, 2008 for the July D WI work. The full wave report will be on a form provided by the State. For the Safe & Sober full wave reports, the lead agency sununarizes reports of all individual agencies in the FFY 08 Safe & Sober Grant (08l07) � page 2 of S ('zrant Concract Number 9200 2379 D��//0 / grant, only for those hours chazged to Safe & Sober, and provides that summary to the State. The final report is due Tuesday, September 30, 2008 and should include progress towards meeting goals and objectives and discussion of problems, solutions and successes. 2.8 Each agency named in this gant will separately submit a short report on the national mobilizations results, inciuding certifying that media relarions were conducted, on or before 5:00 PM Friday, October 26, 2007 for the October mobilization; on or before 5:00 PM Friday January 4, 2008 for the December crackdown; on or before 5:00 PM Friday May 9, 2008 on the number of speed citations between Apri1 1 and August 30; on or before 5:00 PM Friday 7une 6, 2008 for the Memorial Day mobilization; and on or before 5:00 PM Friday August 1, 2008 for the July DWI crackdown. 5lightly 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 fulfill 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 safety laws. 2.10 Striving to increase the number of DWI arrests and seat belt citations in the jurisdiction(s) covered by the grant. 2.11 When the Grantee is the lead agency for a grant covering two or more enforcement agencies, the Grantee will summarize the plans, full wave reports, and invoices for all the enforcement agencies into a single plan, full wave report, and 'mvoice on or before the dates required and submit it to the State. 2.12 The Grantee is not required to conduct overtime patrols every night of the Safe & Sober enforcement periods. However, night time enforcement of the safety belt law must be conducted on Friday, October 12, 2007; Sahuday, May 24, 2008; and Friday, May 30, 2008 some hours between 7:00 PM and 3:00 AM and enforcement of DWI laws must be conducted on December 7 and December 21, 2007 and on July 11 and July 26, 2008. Before fmalizing any subgrant contract under this grant contract, the Grantee shall submit copies of all subgrant contracts to the State's Authorized Representative for review and approval. The Grantee will establish Conflict of Interest (CA� safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particulazly those with whom they have family, business, or other ties. 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 Elchibit A 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this gant contract is-of-the-essence. _ _ Consideration and Payment 41 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbutsed an amount not to exceed $50000.00 according to the breakdown of costs contaiued in ihe followin� budeet table. Item Federal Amount Safe & Sober Overtime Enforcement Hours and Frin e Benefits $50000.00 Su lemen DWI Enforcement Hours and Frin e Benefits $0.00 Overtime Dis atch Hours and Frin e Benefits $0.00 Equipment: (requires an equal or greater amount of matching fiwds per $0.00 iteml Twe of eauinment to be vurchased: none FFY 08 Safe & Sober Grant (08/07) , Page 3 of 8 Grant Contract Number 9200 2379 -//0� The Grantee will submit a written budget revision request to the State's Authorized Repr �en before any expeuditure 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 andlor any budget revision that will add additional budget lines and these revisions require an amendment to this grant contract. 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) Travet Expenses. Travel expenses aze not allowable for reimbursement under this gzant contract. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by ihe Grantee: $0_00. Grantee shall submit a written budget revision request to the State's Authorized Representative if the Grantee detetmines the reimbursable costs for equipment aze less than the Matching Requirement in this grant contract. If the Grantee determines that equipment will not be purchased then an amendment to this grant contract must be executed to reflect the elimination of the Grantee's Matching Requirement. (4) Indirect Costs and Fringe Benefits. No Indirect Costs aze allowed under this grant contract. The State has an obligation to determine if any fringe benefit costs to be reimbursed by this grant contract aze reasonable. If requested, the Grantee must fiunish an explanauon of the basis for such rates. Fringe benefits must be aceounted for sepazately from overtime salary costs on back up documentation of invoices. (5) TotaI Obligation. The total obligation of the State for all compensafion and reimbursements to the Grantee under this grant contract will not exceed 50000.00. 42 Paymext ' (1) Invoices. The State will promptly pay the Grantee afier the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Tnvoices must be submitted timely and according to the following schedule: Itemi2ed invoices will be filed in arrears at least quarterlv, but not more often than monthlv, and within 30 days of the period covered bv the invoice for services satisfactorilv performed. The Grantee must submit reports to the State as required under paza�aph 2.7 of this grant contract, and applicable reports during each quarter must be received prior to quarterly reimbLUSement to the Grantee. All clauns for reunbursement shall be supported by written documentation including receipts, invoices, and personnel time reports. Final invoice nertaining to the first state fiscal year of this �ant contract must be received by Julv 31, 2008. Reunbursements from the second state fiscal year may commence on or after 7uly 1 2008. The final invoice vertainine to the second state fiscal vear of this trant contract must be received b�November 15, 2008. Expenditures for each state fiscal vear of this grant contract must be for services performed within ap lipp cable state fiscal years. Every state�seal vear�egins-on Julv 1 and ends on June 3�. (2) Federal funds. (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 numbers 20.600 and 20.601 of the State and Community Aighwav SafetkAct of 1466 and amendments thereto. The Cttantee 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. Condifions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as detemiined 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 tA be unsatisfactory or performed in violation of federal, state, or local law. FPY 08 Sa£e & Sober Grant (OS(07} Page 4 of 8 Grant Contract Number 9200 2379 6 Authorized Representative �7 The State's Authorized Representative is State ProQram Admniistrator Susie Palmer. Traffic Safet�ublic Safetv, 444 Cedar Street Suite 150. St. Paul Minnesota SS 101- 5150 Phone 651-201-7091 or his/her successor, and has the responsibility to monitor the Cttantee's performance and the authority to accept the services provided under this grant conlract. 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 Sg[. Steve Koll. 367 Grove Street, St. Paul. Minnesota 55101. Phone: 651-266-5729. If the Grantee's Authorized Representative changes at any time during tliis grant contract, the Grantee must immediately 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 SYate and a fully executed Assigoment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment 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 their successors in office. Minor changes in the tasks and budget of tlus grant contract may be made if requested in writing on behalf of the Grantee and if approved in writing by the State. Changes requiring the approval of the U.S. Departsnent of Transportation or resulting in reimbursement claims in excess of 50000.00 aze not minor changes. 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. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements betcveen the State and the Crrantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either party. 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 &om the performance of this grantcontract 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 �ant contract. 4 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and pmctices relevant to this grant contract aze subject to examination by the State and/or the State Auditor or Legislafive Auditor, as appropriate, foz a miuimum of six years from the end of this grant contract. 10 Government Data Practices and Intellectual Property --- 101 �overnment Data Pracxices:- Th�Csrantee and �tate must comply with the Minnesota Godernment Data--- --- Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided bylhe State under this gzant contract, and as it applies to all data created, collected, received, stored, used, maiutained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened 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 immediately notify the State. The State will give the Grantee inshvctions conceming the release of the data to the requesting party before the data is released. 10.2 Intellectual Property Rights. All reports, studies, photographs, negatives, computer programs or other documents prepared by the Grantee in the perfonnance of its obligation under this grant contract shall be the exclusive property 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 gant contract, unless a FF1 08 Safe & Sober Gcant (08J0� Page 5 of S Gr-am Contract Number 9200 2379 p�-//DI plan to record such sales and make the proceeds available for traffic safety purposes is approved by the State. 11 Workers' Compensafion The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaiuing 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 pariy as a consequence of any act or omission on the part of these employees aze in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. 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, infomiational pamphlets, press releases, research, reports, si�s, and similaz public notices prepazed by or for the Grantee individually or jointly with others, or any subconiractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grautee must not claim that the 5tate endorses its products or services. 13 Goveruing Law, Jurisdiction, and Venue Minnesota law, without regazd 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 fedezal court with competent jurisdiction in Ramsey County, Minnesota. 14 Terminakon 14.1 Termination by the Sta[e. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, detenuined on a pro rata basis, for services satisfaetorily 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 fax notice to the Grantee. The State is not obligated to pay for any services that aze provided after notice and effective date of temvnation. However, the Grantee will be entitled to payment, determnied on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty 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 time of the State receiving that notice. 14.3 Termina&on for Failure to Comply. 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 E�ibits 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 snch action as-itdeems-necessary and appropriate to protect the interest of tt[� ------ 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 taY identification number, and/or Minnesota taJC identification numbe , already provided to the State, to federal and state tas 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 tax liabilities, if any, or pay other state liabilities. 16 Equipment 16.1 Purchase ofEquipmenz Any equipment purchased under this grant contract shall be used primarily for £FY OS Safe & Sober Gtznt (08l0'n page 6 of 8 Grant Contract Number 9200 2379 v7-iio � 1r�c 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 specified in this grant contract may be purchased. 16.2 Responsibility for Equipment The Grantee shall be responsible for all operating, maintenance, and repair 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 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 Transportafion 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.I Oa — Buy America Act; and 49 CFR Part 29 — Cert�cafion Regazding Debannent and Suspension. These provisions are incorporated by reference and made a part of this grant contract. 173 The Crrantee assures that it will comply, and all its subcontractors will comply, with the nondiscrimniation requirements of 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 currently working on a policy for vehicular puisuits taldng into account the model guidelines issued by the International Association of Chiefs of Police. 17.6 31 U.S.C. 1352 — Grant contracts over $100,000 requue the Grantee to complete and sign the Certification Regazding Lobbying form which is incorporated by reference and made a part of this grant contract. Remainder of this page intentionally left blank. FFY 08 Safe & Sober Grant i08/07) Page 7 of 8 Grant Contract Number _ 07' ��� � 1. ENCUMBRANCE VEgIFICAT'ION Individunl certifies that funds have been encumbered ¢r required by Minn. Stat. §§' 16A.l5 and 16C.05. Signed: Date: Grant Contract No. 2. GRANTEE The Gr¢ntee certifiu [hat the ¢ppropriaie persan(s) have executed the gr¢nt contract on behalf of ehe Gr¢ntee ¢r required by applicabte arlictu, bylaws, ruotutlora, o� ordinances. By: Title: Mayor or Depury Mayor of St. Paul Date: By: Title: Direcror of St. Paul Financial Services Date: By: Title: C�ry Attomey of St. Paul Bate: B Title: Chief of St. Pau] Police Date: 3. STATE AGENCY By: (with delegated authority) Title: D3recror. Office of TrafSc Safetv Daze: Distribution: DPS/FAS Grantee ` State's Authorized Representarive FFY 08 Safe & Sober Grant (08/07) Page 8 of 8 Exhibit A, page 1 of 2 FEDERAL AUDIT REQUIREMENTS U7' ��O I 1. For subrecioients that are state or local qovernments non-�rofit oraanizations or Indian tribes If the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain either a single audit or a program-spec�c audit made for ttie fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually uniess the state or local government has, by January 1, 1987, a constitutional or statutory requirement for tess fsequent audits. For those governments, the federal cognizant agency shall permit bienniai audits, covering both years, 'rfthe govemment so requests. It shail aiso honor requests for biennial audits by governments 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 subrecioients that are institutions of hiaher education or hosoitals If the grantee expends total direet and indirect federaf 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 appiicable. The audit shall cover either the entire organization or aii federal 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 shali be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards spec�ed in the Genera! Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMS Circular A-133 (or A-110 as applicabie). 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 Governmental Units,° issued in 1986. The federaf government has approved the use ofi the audit guide. — —I�addition-to-the-auditreport�he recipient-shall provitle comme�ts on thefindings and recommendations in Fhe report, including a plan for corcective action taken or p{anned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legisiative Auditor, the State Auditor, and any independent auditor designated by the grantor shali have such access to grantee's records and financial statements as may be necessary for the grantor to compiywith the Single Audit Act Amendments of 1996 and QMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circular A-133. �ioios� Exhibit A, page 2 of 2 D"I' ((D l 6. The Statement of Expenditures form can be used for the schedule of federai assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at Ieastfour years. 8. Re9uired audit reaorts must be filed witfi the State Auditor's Office Sinqle Audit Division and wrth federal and state aaencies orovidinq federal assistance and the Deoartment of Pubiic Safetv w�thin nme months of the arantee's fiscal vear end OMB CircularA-133 requires recipients of more than $500,000 i� federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division � 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public 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 �toios�