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08-1312Council File # RESOLUTION PAUL, MINNESOTA Presented By: 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Green Sheet # a�� 131 �- 3061735 � WHEREAS, the City of Saint Paul, Police Department, pursuant to the attached grant application, which includes an indemnificarion clause, needs City Council review and endorsement of the attached Safe & Sober grant application; and WHEREAS, this grant provides funding to increase compliance with traffic safety laws by enhanced enforcemen of traffic laws coupled with education and media relations; and BE IT RESOLVED, that the Saint Paul City Council accepts this grant and authorizes Chief John Hamngton to administer the grant, if accepted. 26 27 28 29 30 Requested by Department Adopted by Council: Date: ���3/�/� Adoption Cerrifie by C�uncil Secretary: BY� ////i.i�ii,i,ysi�.� Approved b r: Date: �`� �U� By: ��pvl ��`-� Q:\FiscalA$ai rs�,40&CR�2008\Safe_SobeNctl _08thmSep30_09.xfs By: Fo A� / By:_� Approval By: _ Approve s `� by Ciry Attorney: . �/L1� iended by Financial Servi iv�r for Submission to Council: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet r����1a i DepartrnenVOfficelCouncil: j Date Initiated: � '� PD — Police Department j Zg-OCT-08 'I � Contact Person 8 Phone: Chief John Harrinqton 2665588 Must Be on Council Agenda by (Date): �/ Assign Number For Routing 4 ' Doa Type: RESOLUTION I Order 5�,o�o�� 6 C�i Cle� � � 9 �poGce Di � E-Documenf Required: Y � i Document Contact: Evette Scarver i� l i Conpd Phone: 266-554'I I ( � I I _ r Total # of Signature Pages _(Ciip All Locations for Signature) Action Requestetl: Signatures on the attached council resolurion authorizing the Ciry of Saint Paul, Police Depaztment, to accept a Safe & Sober grant and Chief John Harrington to administer the grant, if accepted. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Green Sheet NO: 3061735 InRial/Date 0 Potice Departmenf __ _Poiice Department _ __._ � 1 ,Police DeP�ent Potice Deparhnent _ �., 2 'C�Attorney — _ _. C�� Attorue _= � _�_ � 3 FinancialServices____.—__�Drect�rFSnancialService!_____— Personal Service Contracts Must Answer the Following Questions: 7. Has this personlfirm ever worked under a contract for this tlepartment? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not nortnally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Saint Paul, Police Department has authorization to receive a Safe & Sober grnat from the Minnesota Department of Public Safety. A council resolution is needed to autkorize participation in tke grant. AdvanWges If Approved: The Safe & Sober grant provides funding to increase compliance with traffic safety laws by enhance enforcement of traffic laws coupled with education and media retations. �'� Disadvantages If Approved: I None. DisadvanYages if NotApprwed: Lost of funds available to increase compliance with traffic safety laws. Total Amount of $50,000.00 Transaction: Fundiny source: State of Minnesota Pinancial Information: (Expiain) CosURevenue Budgeted: Activiry Number. 34147 October 29, 2008 939 AM Page 1 STATE OF MINNESOTA D o' �� I� GRANT CON'TRACT This gant contract is between the State of Minnesota, acting through its Commissioner of Public Saferi. Office of Traffic Safetv 444 Cedar Street Suite 150 St Paul Minnesota, 551_O1-5150 ("State") and St Paul Police De�.�rhnent. 367 Grove Street St. Paul Mi nnesota 55101("Grantee"). Recitals I Under Minn. Stat. §§ 4.075 and 299A.01 Subd 2 4 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 Prograzn, Catalog of Federal Domestic Assistance (CFDA) Numbers 20.600 and 20.608. This grant contract is funded through the Minnesota Department of Public Safety, Office of Traffic Safety's projects entitled Safe and Sober with Communities and Safe and Sober Impaired Driving with Communities, numbers 09-04-03 and 09-03- 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 grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effecuve date: October 1. 2008, 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 rennbursement 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: �tember 30, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs fust. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 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 traffic 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 likelihood of suffering negative consequences if they fail to comply. The ntee will participate in the Safe & Sober ' ' 20b�9 <Su ne ot Eeri# � � .. _ ' ; P+ocus , Pre=Enforcemenf`1VIed October October 3— 9, 2008 Belts & C hild Seau Holiday Par[ies* DW I May Seat Belts & Cluld Seau November 26 — December 5, 2008 May 10 — 17, 2009 Informal Survey Apri127 — May 3 accordance October 10 —19, 2008'�* December4-6, 11-13, 18-20 and 26 — 27, 2008* May 18 — 31, 2009** of events: �sf�uToraement 1VIeil'. October 20 — 26, 2008 7anuary 1 — 7, 2009 June 1— 5, 2009 Informal Survey May 31 — June 5 FF� 2009 Save and Sober Non-Siate (09/08) Page 1 b� � «t June Motorcyc July Speed Optional: August 20 Move Over Law Labor Day*** 2009 Safe & Sober Calendar {continued) Jmme 13 — 19, 2009 June 20 or if the weather June 24 — 30, 2009 August 14 -- 20, 2009 I DWI � * These dates aze considered to daylight hours on Saturdays. Participation in Safe & Sober 2009 is fiuther defined as: requires June 21 Seven days between July 1 and 3uly 31 decided joindy with other agencies After the last day chosen but before Labor Day announced to the media August 20 (optional) August 21 — September 7, 2009**• September 8 -- 14, 2009 of the following Sundays: DecemUer 7,14, 21, and 28 as well as dwing 2.1 Scheduling and conducting approximately 950 hours of additional enforcement; including 1'IO_ hours of additional traffic patrol during the October seat belt and child seat Safe & 5ober enforcement window, 170_hours of additional haffic patrol during the December Safe & Sober enforcement window, 228 hours of additional traffic patrol during the Memorial Day seat belt and child seat Safe & Sober enforcement window, 115 hours of additional traffic patrol during the seven days of speed Safe & Sober enforcement window, 228 hours of additional traffic patrol during the I,abor Day DWI Safe & Sober enforcement window, zero hours of additional DWI enforcement on dates as agreed upon by the State and Grantee, 40 on 7une 20 or 21 focusing on motorcycles, zero hours on August 20 focusing on the Ted Foss move over law and zero hours of Additional Traffic Enforcement not covered by any enforcement windows on dates at the Grantee's discretion. 2.2 The enforcement agencies covered by this grant are the St Paul Police Department andpartners: . The Grantee is the Fiscal Agent for the partners. 23 The traffic patrols renubursed by this grant wi11 be conducted using only those individual officers whom the State approves as eligible. Eligibility is defined as completion of Occupant Protection Usage and Enforcement (OPLTE) 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 year, who last had an SFST course prior to October 1, 2003, 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 ume periods: from Apri127 through May 3, 2009; and from May 31 through June 5, 2009. 2.5 Informing the media of the Safe & Sober program and keeping them apprised of plans, results, and issues. Through the media and other ouflets 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: • Wednesday, October 1, 2008 for the October Seat Belt tune period; • Monday, November 10, 2008 for the December DWI weekends; • Monday, Apri127, 2009 for the Memorial Day seat bek weeks and motorcycle day; • Monday, June 15, 2009 for the seven selected days of speed in July, and; • Monday, August 3, 2009 for the I,abor Day DWI wave and (if applicable) Ted Foss Move over day. 2.7 A full wave progress report on a form provided by the OTS will be submitted by: Pi�Y 2009 Save and Soba Non-Siate (09/08) Page 2 • Friday, November 21, 2008 on the results of hours worked between October 10-19; b£; �� J� a" • Friday, January 23, 2009 on the results of work done during December 4-6, 11-13, 18-20, and 26-27; • Friday, 7uly 10, 2009 on the results of overtime worked beriveen May 18-31 and during the month of June; • Friday, August 21, 2009 on the seven days of speed worked in July, • Friday, September 25, 2009 on the results of overtime worked between August 21-September 7. • For agencies working outside the waves and(or optional, additional DWI dates, report those dates with the closest report, making sure that dates before July 1 aze sepazated from dates on or after July 1. Full wave reports aze submitted by the lead agency summarizing the results of all agencies in the grant only during OTS paid hours in addition to reporting each gtant's information sepazately. Full wave reports include a brief written description of inedia and public education work, as well as detailed descriptions of enforcement effOrts. 2.8 A short mobilization report on: • Number of seat belt citations written between October 10-19 is due by 5:00 PM on Friday, October 24, 2008; • Number of DWI arrests and seat belt citations during the entire month of December by 5:00 PM Friday, January 2, 2009; • Number of seat belt and child seat citations written between May 18 and May 31 and informal seat belt surveys conducted from Apri127 tluough May 3 and from May 31 through June 5 by 5:00 PM Friday, June 5, 2009; • Number of speed citations written during the entire month of July by 5:00 PM, Friday, August 7, 2009; • Number of DWI arrests and seat belt citations between August 21 and September 7 by 5:00 PM, Friday, September 11, 2004. Each agency in a grant submits the short mobiliaation report separately for itself and includes the citation or arrest number regazdless of whether or not they were made on project paid hours. 2.9 A fmal report including information on progress towards the objectives you set and a short discussion of any problems and successes will be submitted no later than Wednesday, September 3Q 2009. 2.10 Striving 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 tikelihood of being stopped far violations of traffic safety laws. Striving to increase the number of DWI arrests and seat belt citations in fhe jurisdiction(s) covered by the grant. 21 I When the Grantee is the lead agency for a grant covering two or more en£orcement 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 invoice on or before the dates required and submit it to the State. 212 The Grantee is not required to conduct overtime patrols every night of the Safe & Sober enforccment periods. Night tnne enforcement of the safety belt law (between 19:00 and 5:00) will be conducted during 30 nercent of the hours worked during the October and Memorial Day seat belt waves. High visibility enforcement efforts (using at least three squads on a single roadway at one time) will be conducted during 25 eu rcent of the total hours worked, during 25 nercent of seat belt hours worked, and 25 percent of the impaired driving hours worked. 213 When the total amount of a single item of equipment purchased, including tax and shipping, is $5,000.00 or more, the Grantee must obtain written permission through the State from Region V of the Nafional Aighway Traffic Safety Administration before the item of equipment is ordered. Before finalizing 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. Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular A-133. Federal Audit Requirements is attached and incorporated and made part of this grant contract. See E�ibit A. 3 Time FFY 2009 Save arid Soba Non-State (09/OS) Page 3 The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. � ��'� Consideraflon and Payment 41 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Cttantee will be reimbursed an amount not to exceed �50000.00 according to the breakdown of costs contained in the following budget table. The Crrantee 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 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) Travel E.�ccpenses. Travel expenses aze not allowable for reunbursement under this grant contract. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $0_00. Grantee shall submit a written budget revision request to the State's Authorized Representative if the Grantee determines 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 Benefiu. No Indirect Costs are allowed under this gant contract. The State has an obligation to determine if any indirect costs and/or fringe benefit wsts to be reimbursed by ihis grant contract are reasonable. If requested, the Grantee must fiunish an explanation of the basis for such rates. Fringe benefits must be accounted for separately from overtime salary costs on back-up documentation of invoices. (5) Tntal Obligation. The total obligation of the State for all compensaUon and rennbursements to the Grantee under this grant contract will not exceed $50000.00. 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 no less frequenfly than the Pollowing schedule: • Monday, December 1, 2QQ8 for any hours worked between October 1 and October 31; • Friday, February 1, 2009 for all hours worked between November 1 and December 31; • Friday, August 1, 2009 for all hours worked between May 1 and June 30; • Monday, September 1, 2009 on hours worked between July 1 and 7uly 31; and • Friday, October 31, 2009 on hours worked between August 1 and September 30. All claims for reimbursement shall be supported by written documentation including receipts, invoices, and personnel time reports. Final invoice pertaininq to the fust state fiscal year of this grant contract must be received by July 31 2009. Reunbursements from the second state fiscal vear may commence on or after July 1. 2009. The final invoice FFY 2009 Save and Soba Non-State (09/08) Page 4 vertainin2 to the second state Fiscal veaz of this �ant contract must be received bv Oct_ober 31. 2009. �, ��I,. Exoenditures for each state fiscal wear of this erant contract must be for services nerformed within a�nlicable state fiscal veazs Everv state fiscal year begins on Julv 1 and ends on June 30. (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 Tifle 23 CFDA numbers 20.600 and 20.6081 of the State and Communitv Ai��wav Safetv Act of ]96b and amendments thereto. T4ie 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 requuements. Condifions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as detennined at the sole discretion of the State's Authorized Representarive and in accordance with all applicable federal, state, and local laws, ordinances, mles, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. Authorized Representalive The State's Authorized Representative is Bill Shaffer State Proeram Administrator Suite 150, 444 Cedar Street St. Paul Minnesota 55101-5150 Phone: 651-201-7075, or his/her successor, and has the responsibility to momtor the Grantee's performance and the authozity to accept the services provided under this grant contract. If the services aze satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is S¢t JimAudersen St Paul Police Department 367 Grove Street, St. Paul Minnesota 55101 Phone: 651-266-5721. 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 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in wiiting 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 Grantee and if approved in writing by the State. Changes requirnig the approval of the U.S. Department of Transportation or resulting in reunbursement clanns in excess of 50000.00 aze not minor changes. 73 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 between the State and the Cnantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either patty. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this gant conuact are 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. FFY 2009 Save and Sober Non-State (09/OS) Page 5 � ��,-�31y 10 Govemment Data Practices and Intellectual Property Rights 10,1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to 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 refened to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee inshuctions conceming the release of the data to the requesting parry before the data is released. 102 Intellectual Property Rights. All reports, studies, photo�aphs, negatives, computer programs or other documents prepazed by the Grantee in the performance of its obligation under tlus grant contract shall be the exclusive property of the State. The Grantee may continue to use the materials to promote hi�way 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 proceeds available for traffic safety purposes is approved by the 5tate. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. `I`he Grantee's employees and agents will not be considered State employees. Any claims that may azise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no � way the State's obligation or responsibility. 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, informational pamphlets, press releases, research, reports, signs, and snnilaz public notices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the progam, publications, or services provided resulting from this grant contract. 12.2 Endorse�nent. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all legal groceedings out of this grant contract, or its breach, must be in the appropriate state or federai court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any tnne, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Crrantee will be entitled to payment, deternuned on a pro rata basis, for services satisfactorily performed. 142 Termination for Insufficient Funding. The State may immediately ternvnate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. 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 termination. However, the Cnantee will be entitled to payment, detennined 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 terminated because of the decision of the Minnesota Legislature, or other funding source, not to apprapriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 143 Termination for Failure ta 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 such action as it deems necessary and appropriate to protect the interest of the FFP 2009 Save and Sober Non-Siate (09/O8) Page 6 v��i31 r State of Minnesota, including the refizsal to disburse additional funds and requiring the repayment of any funds akeady disbursed. 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security numbec, federal employer tas identification number, andlor Minnesota tax identification number, akeady 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 fde state taac rehims and pay delinquent state ta�c liabilities, if any, or pay other state liabilities. 16 Equipment 16.1 Purchase of Equipment Any equipment purchased under this grant contract shall be used primarily for traffic safety purposes during the life of the equipment. The 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 gant contract unless otherwise specified. Title to equipment acquired under this grant 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 Transportation Programs; 49 CFR Part 29 Subpart F— The Drug-Free Workplace Act of 1988; 23 U.S.C. 101 Note and 41 U.S.C10a — Buy America Act; and 49 CFR Part 29 — Certification Regarding Debarment and Suspension. These provisions are incorporated by reference and made a part of this grant contract. 17.3 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 cunently working on a policy far vehicular pursuits taking 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 require the Grantee to complete and sign the Certification Regazding I.obbying form which is incorporated by reference and made a part of this grant contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FFY 2009 Save and Soba Non-State (09/08) Page 7 1. ENCUMBRANCE VERIFICATION fndrvu�ua7 cert fes that furrds hcrve 6een ettcumbered as reguved by Mmn Smt §§ I6A]5 and 16C O5. Signed: Date: Grant Contract No 2. GRANTEE The Grantee rert�es that the approprtate person(s) have e�cuted the grant contrac! an behalf of the Grantee ar reguved by appLcable anc�les, by[aws, resolukons, or ordir By: Title. Mayor or Deputy Mayor of St. Paul Date: By: Title: Director of St. Paul Date By: Title: CiTy Attorney of St Paul Date: By: Title: Chief of St. Paul Police Date: By: Title: Director, Human Date: 3. STATE AGENCY DO ��� J � By: � (with delegated �oriry) T le: Director f ce ofTraffic Saferv Date: Distribution� DPS/FAS Grantee State's Authorized Representative FFY 2009 Safe and Sober Non-State (09I08) Page 8 of 8 Exhibit A, page 1 of 2 FEDERAL AUDIT REQUIREMENTS D� �� 7 j' �" 1. For subrecipients that are state or iocal qovernments non-orofiit oraanizations or Indian tribes If the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain eifher a singfe audit or a program-specific audit made for the f+scal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years,'rfthe government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audils 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 hiqher education or hosoitals If the grantee expends 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 Gircufar 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 federal funds of the organization. The audit must determine 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 local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Govemmental Organizations, Programs, Activities, and Functions." The audit report shall state that the audit was pertormed 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 Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. tn addition to the audit report, the recipient shal{ provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is 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 complywith the Single Audit ActAmendments of 1996 and OMB Circular A-133. 5. Grantees of federaf 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 p$���)2" 6. The Stafement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Required audit reports must be filed with the State Auditor's Office. Sinqle Audit Division, and with federal and state aqencies providinq federal assistance, and the Department of Public Safetv within nine months of the qrantee's fiscal vear end. OMB Circular A-133 requires recipients of more than $500,000 in fiederal 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 �ioios)