Loading...
HomeMy WebLinkAbout2011 Safe and Sober Grant OTS Grant Contract No: 9200 -2983 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety. Office of Traffic Safety. 444 Cedar Street. Suite 150. St. Paul. Minnesota. 55101 -5150 "State and Washington County Sheriffs Office, 15015 62nd Street N. Stillwater. Minnesota 55082 "Grantee Recitals 1 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 are provided under the U. S. Department of Transportation's State and Community Highway Safety Program, Catalog of Federal Domestic Assistance (CFDA) Numbers 20.600. 20.602. 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 Cities and Counties DWI Enforcement, Safe and Sober Cities and Counties TZD Enforcement, and Safe and Sober Belt Enforcement numbers 11- 03-09. 11- 04 -05. and 11- 02 -12. 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 Effective dale: October 1.2010, 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: September 30.2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 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. 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 two- pronged approach is designed to increase the public's perception of the likelihood of suffering negative consequences if they fail to comply. The Grantee will participate in the Safe Sober program in accordance with the following calendar of events: 2011 Safe Sober Calendar Name of Event Pre Enforcement Enhanced. Post Enforcement Media Focus Media Enforcement October October 1— 7, 2010 October 8 28, 2010 October 29 November 4 2010 Belts Child Seats Holiday Parties* November 24 December December 2-4, 9 -11, and December 31— January 6, 2011 DWI 1,2010 16- 18,2010* Distracted Driving April 21, 2011 May May 15 22, 2011 May 23 —June 5, 2011** June 6 —10, 2011 Seat Belts Child Informal Survey May 2 -8 Informal Survey June 5 -10 FFY 11 Safe Soho Noa -state (09/10) Page 1 OTS Grant Contract No: 9200 -2983 2011 Safe Sober Calendar Name of Event Pre Enforcement Enhanced Post- Enforcement Media Focus Media Enforcement Seats July Speed and June 23 29, 2011 Seven days between July 1 After the last day chosen but Motorcycle and July 31 decided jointly before Labor Day announced to Enforcement with other agencies, with an the media emphasis of motorcycle enforcement worked on Saturdays between 2:00 P.M. and 10:00 P.M. Optional: Move Over August 31 (optional) Law Labor Day*** August 12 18, 2011 August 19 September 5, September 6 --12, 2011 DWI 2011*** These dates are considered to include the early morning hours of the following Sundays: December 5, 12, and 19 as well as during daylight hours on Saturdays. 50% of October and Memorial Day seat belt enforcement between the hours of 19:00 and 5:00. *Further focus on weekends. NOTE: While not required, OTS encourages agencies to work on enforcing and publicizing the Move Over Law on August 31. Participation in Safe Sober 2011 is further defined as: 2.1 Scheduling and conducting approximately 2787 hours of additional enforcement; including 552 hours of additional traffic patrol during the October seat belt and child seat Safe Sober enforcement window, 451 hours of additional traffic patrol during the December Safe Sober enforcement window, /1. hours of additional traffic patrol on April 21 focusing on Distracted Driving, i52 hours of additional traffic patrol during the Memorial Day seat belt and child seat Safe Sober enforcement window, 216 hours of additional traffic patrol during the Seven Days of Speed and Motorcycle Enforcement Safe Sober enforcement window, 602 hours of additional traffic patrol during the Labor Day DWI Safe Sober enforcement window Q hours on August 31 focusing on the Ted Foss move over law and 249 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 Washington County Sheriffs Office and: Stillwater Police Department. Bayport Police Department. Oakdale Police Department. Woodbto Police Department, Forest Lake Police Department. Oak Park Heights Police Department. Cottage Grove Police Department and St. Paul Park Police Department. The Grantee is the Fiscal Agent for the partners. 2.3 The traffic patrols reimbursed by this grant will be conducted using only those individual officers whom the State approves as eligible. Eligibility is defined as completion of Occupant Protection Usage and Enforcement (OPUE) and Standardized Field Sobriety Testing (SFST) courses for each officer. Additional requirements for officers from agencies in Safe Sober for a second or subsequent year require completion of Advanced SFST and Drugs that Impair. Additional requirement for officers from agencies in Safe Sober for a third or subsequent year and their last SFST course was prior to October 1, 2005 requires that they complete the SFST Update training. 2.4 Scheduling and conducting informal seat belt surveys at 3.5 sites during each of the following two time periods: from May 2 through May 8, 2011 and from June 6 through June 10, 2011. 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. FFY 11 Safe Sober Non -state (09/10) page 2 OTS Grant Contract No: 9200 -2983 2.6 Submitting a written plan to the State on the enforcement schedule and public/media relations activities on or before: Friday, October 1, 2010, for the October Seat Belt time period; Monday, November 8, 2010, for the December DWI weekends; Monday, April 4, 2011, for the Distracted Driving day; Monday, May 2, 2011, for the Memorial Day seat belt weeks; Monday, June 13, 2011, for the seven selected days motorcycle enforcement and speed in July; and Monday, August 1, 2011, for the Labor Day DWI wave. 2.7 A full wave progress report on a form provided by the OTS will be submitted by: Friday, November 19, 2010, on the results of hours worked between October 8 -28; Friday, January 21, 2011, on the results of work done during December 2-4, 9 -11, and 16-18; Friday, July 8, 2011, on the results of overtime worked between April 22- June 5 (to include the Distracted Driving day) and the month of June; Friday, August 19, 2011, on the seven days of speed and motorcycle enforcement worked in July; Friday, September 23, 2011, on the results of overtime worked between August 19- September 5; and For agencies working outside the waves, report those dates with the closest report, making sure that dates before July 1 are separated from dates on or after July 1. Full wave reports are 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 separately. Full wave reports include a brief written description of media and public education work, as well as detailed descriptions of enforcement efforts. 2.8 A short mobilization report on: The number of seat belt citations written between October 8 -28 is due by 5:00 PM on Tuesday, November 2, 2010; The number of DWI arrests and belt citations during the entire month of December by 5:00 PM, Friday, January 7, 201] The number of seat belt and child seat citations written between April 22 and June 5 (to include the Distracted Driving Day), and informal seat belt surveys conducted from May 2 through May 8, and from June 6 through June 10, by 5:00 PM Friday, June 10, 2011; The number of speed and motorcycle citations written during the entire month of July by 5:00 PM, Friday, August 5, 2011; and The number of DWI arrests between August 19 and September 5 by 5:00 PM, Friday, September 9, 2011. Each agency in a grant submits the short mobilization report separately for itself and includes the citation or arrest numbers regardless of whether or not they were made on project paid hours. 2.9 A final 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 Friday, September 30, 2011. 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 jurisdictions) 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 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. FFY 11 Safe Sober Non -state (09/10) PaLte 3 OTS Grant Contract No: 9200 2983 Night time enforcement of the safety belt law (between 19:00 and 5:00) will be conducted during 50 percent 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 42_percent of the total hours worked, during 50 percent of seat belt hours worked, and 30 percent 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 Highway Traffic Safety Administration before the item of equipment is ordered. This requirement is based upon the total cost of the piece of equipment and not on the amount of funding requested from the State for it. 2.14 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. 2.15 The Grantee will establish Conflict of Interest (COI) 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, particularly those with whom they have family, business, or other ties. 2.16 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 Exhibit A. 2.17 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. Department of Transportation or resulting in reimbursement claims in excess of the Total Obligation of this grant is not a minor change. 3 Time 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. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $160000.00 according to the breakdown of costs contained in the following budget table: Item Federal Amount Safe Sober Overtime Enforcement Hours and Fringe Benefits $153300.00 Overtime Dispatch Hours and Fringe Benefits $3500.00 Equipment:-(requires an equal or greater amount of matching funds per $0.00 item) Type of equipment to be purchased: Administrative Costs $3200.00 Total $160000.00 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 are not allowable for reimbursement under this grant contract. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the FFY 11 Safe Sober Non -state (09/10) Page 4 OTS Grant Contract No: 9200-2983 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 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 are allowed under this grant contract. The State has an obligation to determine if any indirect costs and/or fringe benefit costs to be reimbursed by this grant contract are reasonable. If requested, the Grantee must furnish 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) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $160000.00. 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: by Tuesday, November 30, 2010 for any hours worked between October 1 and October 31; by Monday, January 31, 2011 for all hours worked between November 1 and December 31. by Friday, July 29, 2011 for all hours worked between April 22 and June 30 (to include the Distracted Driving Day) by Wednesday, August 31, 2011 for all hours worked between July 1 and July 31, and by Monday, October 31, 2011 for all hours worked between August 1 and September 20. All claims for reimbursement shall be supported by written documentation including receipts, invoices, and personnel time reports. Final invoice pertaining to the first state fiscal year of this grant contract must be received by July 30. 2011. Reimbursements from the second state fiscal year may commence on or after July 1.2011. The final invoice pertaining to the second state fiscal year must be received by October 31. 2011. Expenditures for each state fiscal year of this grant contract must be for services performed within applicable state fiscal years. Every state fiscal year begins on July 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 Title 22 CFDA number 20.600.20.602. and 20.608 of the State and Community Highway Safety Act of 1966 and amendments thereto. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Jill Hughes. 444 Cedar Street. Town Square. St. Paul. Minnesota 55101- 5150. Phone: 651 -201 -7067, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Deputy John Stoffel. 15015 62nd Street N. Stillwater, Minnesota 55082 Phone: 651 -439 -9381. If the Grantee's Authorized Representative changes at any time during this grant FFY l 1 Sale Sober Non-state (09 /10) Page 5 OTS Grant Contract No: 9200 -2983 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 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 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. 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 Gant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 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 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. 9 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 years from the end of this grant contract. 10 Government Data Practices and Intellectual Property 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 referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning 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 performance 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 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 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 FFY 11 Safe Sober Non -state (09/10) Page 6 OTS Grant Contract No: 9200 -2983 Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar 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 regard 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 14.1 Termination by the State. 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, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for lnsufflcient Funding. The State may immediately terminate 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 are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds 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 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 Exhibits or that the purposes for the funds have not been, or will not be fulfilled, notwithstanding any other provisions of this grant contract to the contrary, the State may take such action as it deems necessary and appropriate to protect the interest of the State of Minnesota, including the refusal to disburse additional funds and requiring the repayment of any funds already disbursed. 15 Data Disclosure Under Minn. Stat. 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax 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 grant 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. FFY 11 safe Sober Non -state (09/10) Page 7 OTS Grant Contract No: 9200-2983 17.2 49 CFR Part 23 Participation by minority enterprises in Department of Transportation Programs; 49 CFR Part 29 Subpart F The Drug-Frce Workplace Act of 1988; 23 U.S.C. 101 Note and 41 U.S.C.10a 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 will adopt and enforce workplace safety policies including banning texting while driving in accordance with Minnesota Statute 169.475. 17.6 The Grantee certifies that the Grantee will comply with the Federal Funding Accountability and Transparency Act. 17.7 The Grantee certifies that the Grantee has in place or is currently working on a policy for vehicular pursuits taking into account the model guidelines issued by the International Association of Chiefs of Police. 17.8 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. 1. ENCUMBRANCE VERIFICATION 3. STATE AGE CY Individual certifies that funds have been encumbered as requi Stat §f 164,15 and I6C. 05. By: (with delegated authority) Aar Title: Traffic Safety Piogram Manatcr. Offlcc ofTrafflc Safct Date: 0 Date: /6 /3 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: fi2/ 7 Title: c6heri Date: /0/1fib By: Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative FFY 11 Safe Saber Non-statc (09/10) Page 8 Exhibit A, page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subreciDients that are state or local aovemments. non -profit organizations. or Indian tn'bes 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 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 govemments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecioients that are institutions of higher education or hospitals 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 ClrcularA -110 'Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations' as applicable. The audit shall Dover either the entire organization or all federal funds of the organization. The audit must determine whether the subreclpient 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 accountant 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 shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American 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. 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. 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 necessary for the 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 and OMB Circular A-133. pis) Exhibit A, page 2 of 2 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four yam. 8. Reauired audit reports must be filed with the State Auditor's Office. Sinai. Audit Division. and with federal and state agencies arovidino federal assistance. and the Department of Public Safety within nine months of the arantee's fiscal year end. OMB Circular A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central 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 128, Town Square St Paul, MN 55101 -5126 (10/05) CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Grants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress,' or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Or g anizat Name C Y A i i a c /ft 4 4 4 j eri Name and Title of Official Signing fo Organization By: L�,GcGcv. 47. Signature of Official /ob.. r 6 Date 07/07