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09-34Council File # �' J� Green Sheet # 3064578 RESOLUTION SAINT PAUL, MINNESOTA Presented by : WHEREAS, the City of Saint Paul, Police Department, pursuaut to the attached grant application, wlrich includes an indemnification clause, needs City Council review and endorsement of the attached Safe & Sober grant application; and 1 2 3 4 5 6 7 8 WHEREAS, this grant provides funding to increase compliance with trnffic safety laws by enhanced enforcement of Traffic laws coupled with education and media relaUons; and BE IT RESOLVED, that the Saint Paul City Council accepts this grant and authorizes Cluef John Harrington to adminster the grant, if accepted. Absent R�ues�ed bX part nt of: �J ���� %�' J ✓ ✓ Adopted by Council: Date � f� Adoption Ce�rtifi J by Coun Secretaxy BY� �L�/1� i/ Approved by Mayor// Date � �� �� jty �f By: A o , n arv C.� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � --- - ---- -- -- - -- - l�y- 3t� � DepartmenUOffice/Council: � � �� �� Date Initiated: ; Pp P°I�ce Department � , 2,_NO�-08 � Green Sheet NO: 3064578 ConWd Person & Phone: Ghief John Harrinqton � 266-5588 Must Be on Council Agenda by (Date): � Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Evette Scarver Contact Phone: 266-5541 I y Assign Number For Routing Order InitiallDate ' 0 PoGce Deper P Department __ ___ 1 Yolice Department Police Deparfrnent ' __ _ 2 �Fiqanoal Services —; ��k5 nancial S ervices 3 ,City Attorvey , ; —� City Attomey �. 4 5 'Council _J� Cooncil 6 Ciry Clerk �� City Clerk � i _ 7 poGce DeP�'�eot___ '' i Police Deoartroent �__ __ __ ToYal # of Si nature Pa es � Cli All Locations for Si �� � �� _ � __ —__—_---__ � g � g ( p gnature) --- --- -_ ._-- - -- --- -- -- -- — ---------------� �-- -- �-- -------- -- '' Action Requested: '� Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to accept a Safe & Sober gant �� aad Chief John Harrington to administer the grant, if accepted. II Recommendations: Approve (A) or Reject (R): , Planning Gommission CIB Committee Civll Senrice Commission Personal Service Contracts Must Answer the FollowinQ Questions: 'I. Has this person(firm ever worked under a coniract for this tlepartment� Yes No 2. Has this person/firm ever been a city employee� Yes No 3. Does this personlfirtn possess a skill not normally possessed by any currenl city empioyee? - Yes No Explain all yes answers on separate sheet and attach to green sheM. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Saint Paul Police Depar[ment has authorization to receive a Safe & Sober grant from the Minnesota Deparhnent of Public Safety. A council resolution is needed to authorize participation in the grant. �---- �--�--- --- - - ----- -- - �-----�--------------�---------.... : Advantages If Approved: ' The Safe & Sober gzant provides funding to increase wmpliance with traffic safety laws by enhance enforcement of traffic laws � coupled with education and media relations. � I — --- ----- --- — -- --------- — ---- �-- — Disadvantages If Approved: ; None. I ._—�------��— ---�------- - ----- ------- I DisaMaMages If Not Approved: i Lost of funds available to increase compliance with traffic safery laws. �� ToWI qmount of �� ��`'� I Trensaction: $52,500.00 , Fundiny source: State of Minnesota � Financiallnformation: I (Explain) CostlRevenue Budgeted: Activity Number: 34147 � � i � � January 5, 2009 10:45 AM Page 1 6� �� � Please see Mary Erickson if you wish to review the grant contract. sTa� oF ivmvrrESOTa � 9 J 3 � 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 15� St. Paul. Minnesota, 551�1-5150 ("State") and St. Pau1 Potice Deoartment. 367 Grove Street, St. Paul. Minnesota 55101("Grantee"). Recitals 1 Under Minn. Stat. §§ 4.075 and 299A.01. 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 Pro�am, Catalog of Federal Domestic Assistance (CFDA) Numbers 20.6o� 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 aa ees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract Term of Grant Contract 1.1 Effective 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 expenditures made according to the terms of this gant contract. 1.2 Expiration date: September 30, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs fust. 1.3 Surviva[ of Terms. The fol]owing 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. 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 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 tv✓o-pronged approach is desi�ed to increase the public's perception of the likelihood of suffering negative consequences if they fail to comply. FFY 2009 Save and Sober Non-State (09lOS) Page 1 2009 Safe & Sober Calendar (continued) U y!3 � June . June 13 — 19, 2009 June 20 or if the weather Motorcycles requ'ses 3une 21 July 7une 24 — 30, 2009 Seven days between July I After the last day chosen Speed and July 31 decided jointly but before Labor Day with other agencies announced to the media Oprional: August 20 August 20 (optional) Move Over Law Iabor Day*** August 14 -- 20, 2009 August 21— September 7, September 8-- 14, 2009 D � 2009*** ` These dates aze considered to include the eazly motning hours of the following Sundays: December 7,14, 21, and 28 as well � daylight hours on Saturdays. Participation in Safe & Sober 2009 is fiuther defined as: s dunng 2.1 Scheduling and conducting approximately 950 hours of additional enforcement; including 1?0_ hours of additional tr�c patrol during the October seat belt and child seat Safe & Sober enforcement window, 170_hours of additional traffic 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 wiudow, 115 hours of additional traffic patrol during the seven days of speed Safe & Sober enforcement window, 228 hours of additional traffic patrol during the Labor Aay DWI Safe & Sober enforcement window, zero hours of additional DWI enforcement on dates as agreed upon by the State and Grantee, 40 on June 20 or 21 focusing on motorcycles, zero hours on August 20 focusing on the Ted Foss move over law and zero hours of Additional Traff c 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 Deoattment and partners• . The Grantee is the Fiscal Agent for the putners. 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 Sobr3ety Testing (SFST) courses for each oFficer and the added requirements for officers from agencies in Safe & Sober for a second or subsequent year 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 priar to October l, 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 time periods: &om 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 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: • Wednesday, October 1, 2008 for the October Seat Bek time period; • Monday, November 10, 2008 for the December DWI weekends; • Monday, Apri127, 2009 for the Memorial Day seat belt weeks and motorcycle day; • Monday, June 15, 2009 far the seven selected days of speed in July, and; • Monday, August 3, 2009 for the Labor 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. FFP 2009 Save and Sober Non-State (09108) Page 2 • Friday, November 21, 2008 on the results of hours warked between October 10-19; �� 3 � • Friday, January 23, 2009 on the results of work done during December 4-6, 11-13, 18-2Q and 26-27; • Friday, July 10, 2009 on the results of overtime worked between May 18-31 and during the month of June; • Friday, August 21, 2009 on the seven days of speed worked in 3uly; • 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 are 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 grant's information sepazately. Full wave reports include a brief written description of inedia and public educauon 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, 7anuary 2, 2009; • Number of seat belt and child seat citations written between May 18 and May 31 and informal seat belt surveys conducted from April 27 through May 3 and from May 31 tluough 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, 2009. Each agency in a grant submits the short mobilization report sepazately 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 towazds the objectives you set and a short discussion of any problems and successes will be submitted no later than Wednesday, September 30, 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 likelihood of being stopped for violations of traffic safety laws. 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 Iead agency for a grant covering two or more enforcement agencies, the Grantee will suuimarize 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. 2.12 The Grantee is not required to conduct overtime patrols every night of the Safe & Sober enforcement periods. Night tnne enforcement of the safetybelt law (between 19:00 and 5:00) will be conducted during 30percent 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 ercent of the total hours worked, during ?.5 percent of seat belt hours warked, and 25 eo rcent of the impaired driving hours worked. 2.13 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 National 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 Ameridments 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 and Sober Non-State (09/OS) Page 3 The Grantee must comply with all the time requirements described in this grant contract. In the perfoxmance of this grant contract, time is of the essence. �✓� � 4 Consideralion and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensauon. The Grantee will be reimbursed an amount not to exceed $Sfl000.00 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 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 Expenses. Travel expenses aze not allowable for reimbursement 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 are less than the Matching Requirement in this grant contract. If the Crrantee detetmines that equipment will not be purchased then an amendment to this gant 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 detennine if any indirect costs anNor fringe benefit costs to be reunbursed by this grant contract aze reasonable. If requested, the Grantee must furnish an explanation of the basis for such rates. Fringe benefits must be accounted for sepazately from overtime salary costs on back-up documentation of invoices. (5) Total Obligafion. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed 50000.00. 4.2 Payment (1) Invoices. The State will pzomptly pay the Cnantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced seroices. Invoices must be submitted timely and no less frequently than the following schedule: • Monday, December 1, 2008 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 3une 30; • Monday, September 1, 2009 on hours worked between Tuly 1 and July 31; and • Friday, October 31, 2009 on hours warked between August 1 and 5eptember 30. All claims far reimbursement shall be supported by written documentation including receipts, invoices, and personnel tune reports. Final invoice oertainingto the fixst state fiscal vear of this grant contract must be received b�u1�31 2009. Reimbursements from the second state fiscal year mav commence on or after Julv 1. 2009. The final invoice FFP 2009 Save and Sober Non-Smte (09/O8) Page 4 pertaining to the second state fiscal �ear of this �ant contract must be received by October 31 2009 D �� 3� Exnenditures for each state fiscal vear of this a contract must be for services nerformed within ap�licable state fiscal years Every state fiscal ey az begins on Jultil and ends on June 30 (2) Pederal funds. (Where applicable, if blank this secrion does not apply) Payments under this gant contract will be made from federal funds obtained by the State through Title 23 CFDA numbers 20.600 and 20.6081 of the State and CommuniN Aiehwav Safetv Act of 1966 and amendments thereto. The Grantee is responsible for compliance with all federal requizemenu imposed on fhese funds and accepts full fmancial responsibiliTy for any requirements imposed by the Grantee's failure to comply with federal requirements. Condirions of Payment All services provided by the Grantee under this �ant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representarive 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 to be unsafisfactory or performed in violation of federal, state, or local law. Authorized Representative The State's Authorized Representative is Bill Shaffer, State Proeram Administrator. Suite 150 444 Cedaz Street St. Paul Minuesota 55101-5150 Phone� 651-201-7075, or his/her successor, and has fhe responsibility to monitor the Grantee's performance and the authority to accept the services provided under this gant 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. JimAndersen. St. Paul Police Denartment 367 Grove Street St Paul. Minnesota 55101 Phone: 651-266-572 L If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must nnmediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 71 AssignmenL The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fu11y executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, ar the'u successors in office. 72 Amendments. Any amendment fo 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 conh�act, 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 requiring the approval of the U.S. Deparfinent of Transportation or resulting in reimbursement claims in excess of $50000.00 are 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 Gr¢nt Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grautee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either party. Liab�ity The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's faiJure 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 are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six yeazs from the end of this grant contract. FFY 2009 Save and Sober Non-State (09/08) Page 5 10 Govemment Data Pracfices and Intellectual Property Rights b�'� 1 1 Q.1 Government Data Practices. The Grantee and State must comply with the Minnesota Govemment 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 referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions conceming the release of the data to the requesting party before the data is released. 10.2 Intellectual Properry Rights All reports, studies, photographs, negatives, computer programs or other documents prepazed by the Grantee in the performance of its obligation 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 proceeds 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 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 th'ud party as a consequence of any act or omission on the part of these employees aze in no way the SYate's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant conuact must identify the 5tate 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, reseazch, reports, signs, and sunilaz public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. 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 proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 141 Termina8on by the State. The State may cancel this grant conffact at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily perFormed. 14.2 Termination for Insuffcient 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 he continued at a 1eve1 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 tennination. However, the Grantee will be entitled to payment, determined 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 Termination far Failure to Cornply. When the State fmds that there has been a failure to comply with the provision of this grant contract ar with the provisions of the incorporated Exhibits or that the purposes for the funds have not been, or will not be fulfilled, notwithstanding any other provisions of this grant conuact to the conirary, the State may take such action as it deems necessary and appropriate to protect the interest of the FFY 2009 Save and Sober Non-State (09/08) Page 6 State of Minnesota, including the refusal to disburse additional funds and requiring the repayment of any funds already disbursed. oy�a� 15 Data Disctosure 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 ta�c identification number, akeady 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 taz retums and pay delinquent state t� liabilities, if any, or pay other state liabilifies. 16 Equipment 16.1 Purchase of Equipment Any equipment purchased under this grant contract shall be used primarily for tr�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 Itesponsibility for Equipment The Cnantee shall be responsible for all operating, maintenance, and repair costs of equipment purchased under this a ant 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 zegulations, including, but not lunited to the following: 17.1 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 44 CFR Part 27 which relates to handicapped persons. 17.2 49 CFR Part 23 — Participation by minority entezprises in Department of Transportation Programs; 49 CFR Part 29 Subpart F— The Drug Free Workplace Act of 1988; 23 U.S.C. 1Q 1 Note and 41 U.S.C.lOa — Buy America Act; and 49 CFR Part 29 — Certification Regazding Debarment and Suspension. These provisions are incorporated by reference and made a part 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 Csrantee certifies that the Grantee has in place or is currently working on a policy for vehicular pursuits 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 require the Grantee to complete and sign the Certification Regarding Lobbying form which is incorporated by reference and made a part of this grant contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FFY 2009 Save and SoberNon-State (09/08) Page 7 e 1. ENCUMBRANCE VERIFICATION /ndrv�dun! renifies that funds herve been encumbered as required by Mmn Stat. �¢§ 16A. /S arsd I6C.05. Signed: Date: Grant Contrac[ No. 2. GRANTEE The Gr¢ntee cert�es that the approprrate person(sJ hme e�cuted the gran! contract on behafjof the Grantee as requned 6y app(icable anutes, bylaws, resoluhons, or ordnnances. By: Titie, Mayor or Depury Mayor of St. Paul Date. By: ?rtle� Director of SS. Paul Financial Services Da[e: By: Title: City Attomey of St. Paul Date: By: Title: Chief of St. Paul Poliee Date: Sy: Title: Director, Human Righ�s Date: 3. STATE AGENCY B (w�th delegated authonty) Title: DSSector. Office of Traffic Safetv Date: p9'� � Distribui�on: DPSJFAS Grantee State's Authorized Representative FFY 20�9 Safe and Sober NonState (09l08) Page 8 of 8 FEDERAL AUDIT REQUIftEMENTS Exhibit A, page 1 of 2 01��� For subrecioients that are state or focal qovernments non-profit orqanizations, or Indian tribes lf the grantee expends totaf federal assistance ofi $500,000 or more per year, the graniee agrees to obtain either a single audit or a program-specific audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local 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, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits fess frequent than annual, but only audits prior to '1987 or administrative policies in place prior to January 1, 1987. For subrecipients that are institutions of hiqher education or hos�itals If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a fiinancial and compliance audit made in accordance with OMB CircularA-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 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 public accou�tant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions" 3. The audit report shali 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 Institute of Certified Public Accounts' (AICPA) audit gwde, "Audits of State and Local Governmental Units," issued in 1956. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, 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. 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 stateme�ts as may be necessary for tfie grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act a�d OMB Circular A-133. (toios) Exhibit A, page 2 of 2 6. The Statement of Expenditures form can be used for the schedule of federal assistance. �� J3 � The grantee agrees to retain documentation to supportthe schedule of federal assistance for at least four years. 8. Reauired audit reaorts must be filed with the State"Auditor's Ofifice. Sinqle Audit Division, and with federal and state aqencies nrovidina federal assistance and the Department of Public Safetv within nine months of the qrantee's fiscal vear end. OMS Circular A-133 requires recipients o4 more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central cfearinghouse 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 pepartment of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul. MN 55101-5126 (loios�