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03-1056Council File # D3 t� Green Sheet # 205978 RESOLUTION OF SAINT PAUL, MIlVNESOTA Presented By: Referred To: 1 � 3 4 5 6 7 8 9 10 il 12 13 aa 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 Security Grant to the City of St. Paul, April 16, 2003; and Committee:Date: nent of Public Safety, has awarded a 2003 State Homela Deparhnent, for the period of March 17, 2003, through WHEREAS, the purpose of this grant is for overtime costs related to providing increased security during the period of hostilities with Iraq for the protection of facilities; and WHEREAS, a 2003 financing and spending plan needs to be established for this grant; and WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of St. Paul, does certify that there are available for appropriation funds of $10,222 in excess of those estimated in the 2003 budget; and WHEREAS, The Mayor recommends that the following addifion be made to the 2003 budget: CURRENT AMENDED BUDGET CHANGES BUDGET 436-Police Special Projects Fund FINANCING PLAN: 34074-Homeland Defense Grant 3199-Other Federal Direct Grants-State Total Changes to Financing SPENDING PLAN: 34074-Homeland Defense Grant 0141-Overtime 0439-Fringe Benefits Total Changes to Spending 0 10,222 � 9,011 1,211 10,222 10,222 9,011 1,211 29 30 THEREFORE BE IT RESOLVED, that the City Council accepts this grant award, authorizes the City of 31 St. Paul to enter into, and Chief Wiltiam Finney to implement the attached agreement, and approves the 32 changes to the 2003 budget. Yeas Benanav v Blaksy ✓ Bostrom v Coleman .i Harris Y Lantry �/ °°;*°• et�.o✓ ✓ Absent Adopted by Council:Date: j�S� . 3, aD/.L� Adoption Certified by Council Secretary: BY� ��,////u �//:�l [�SDfi� Requested by Deparhnent of: PO11CC By: (� , l ( 07 O Approval Re m nded by Financial Services Director: BY� � , `( /��j � Form �ro'�ued by City Mayor for B 34074 State Homeland Grant.cr.2002 to G�EPARTMENT/OFFICE/COUNCIL DATE INITIATED PoliceDepariment ��i4ios GREEN SHEET No.'��' 205978 _ CONTACT PERSON & PHONE INfnAUDA INITIAL/DAiE �/ �. l.�ef Wlllla117 F'llllley 292-3588 � OEPARitlENT qRECTOR 5 COUNGL (� � „ MUSTBEONCOUNqLAGENDABY(DATE) � PICLSC FIIOCCSS ASL1C �CRYATiORNEY� ❑CfIYCLERK " �FPLfICULLSERVKE501R_ �iWM'CJAISERV/ACCiG �VOR(ORASSIS�AN(� �HUNMlWGXTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) AC710N REqUESTED Approval of the attached council resolution accepting a grant from the State of Minnesota for overtime costs related to - providing increased security during the period of hostiliUes with Iraq, authorizing the City of St. Paul to enter into, and Cluef William Finney to implement the attached agreement, and establishing a 2003 budget for the grant. RECOMMENDATION ApploVe (A) Of ReJECS (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person/firm ever worked under a contrect for ihis department? � PLANNING COMMISSION YES NO CIB COMMITTEE 2, Has this personmrm ever heen a city employee� CIVIL SERVICE COMMISSION Yes No ' 3 Does this persoNfirm possess a sW0 not normalry possessetl by any current ciry employee� YES NO ` 4. Is ihis persoNfirtn a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The State of Minnesota has awarded a grant to the City of St. Paul, Police Departrnent, for the period of -- Mazch 17, 2003, through April 16, 2003. This grant is for overtime wsts related to providing increased securiry during the period of hostilifies with Iraq for the protection of facilities. A 2003 financing and spending plan � needs to be established for the grant. � ADVANTAGESIFAPPROVED � - Ability to use grant funds for providing increased security during the period of hostilities with Iraq. , DISADVANTAGESIFAPPROVED None ,- _ n - ' � � �, _ ' DISADVANTAGES IF NOT APPROVED n,^; Et«sJ .L �i �r,.:�� Loss of grant funds. ru, , _ .v�_ . . �.�� t .,. � r u , _ ,. . � . . . . „ .. � TOTAL AMOUNT OF TRANSAGTION $ LO,ZZZ COST/REVENUE BUDGEfED (CIRCLE ONE) YES NO � FUNDING SOURCE State of Minnesota ACTIVIN NUMBER 436-34074 � �d ,st",�T?���E�, FINANCIAL INFORMATION (EXPLAIN) ���� , u4 34074 State Homeland SecuriTy GranGCr.gs.2003 03�1o5b Grant Contract #2000-9310 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. Division of Emereency Manaeement 444 Cedar Street Suite 223. St. Paul Minnesota 55101-6223 ("State") and Citv of St. Paul, 15 West Kelloge Blvd St. Paul, MN 55102 ("Grantee"). Recitals 1 Under Minn. Stat. § 299A.01 Subd 2(4) the State is empowered to enter into this grant contract. 2 Under Minn. Stat. § 12_22 the State is empowered to allocate and disburse federal aid made available through the United States Department of Homeland Security, Office for pomestic Preparedness. 3 The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the U.S. Department of Aomeland Security, Office for pomestic Preparedness (ODP) Federal Fiscal Year 2003 State Homeland Security Grant Prob am (SHSGP), Part II, Award Number 2003-MU-T3-0030, to mitigate the costs of enhanced security at critical infrastruchue facilities during the period of hos[ilities with Iraq. 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. Graut Contract 1 Term of Grant Contract 1.1 Effective date: March 17. 2003, or the date the State obtains all xequired signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grintee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: April 16, 2003, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 13 Survival of Tef•tus. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and �ndorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15. Data Disclosure. Gr�utee's Dutics "Che Granlee, who is not a stlte employee, witl: 2.1 Grantee will provide iricreased security during the period of hostilities with Iraq for the protection of the following facilities: Water'I'reatment Facility, Excel Energy Infrastructure - Power Facilities. 2.2 Grautee will comply with the following standards and requirements. a. Federal Audit Requirements, Iabeled Attachment A, which is attached and incorporated into this b ant coniract. b. Federal Assurauces, labeled Attachment B, which is attached and mcorporated into this grant contract. c. For Grantee's recen�ing federal funds over $ I OQ000.00, the Grantee must complete and retum the Certification Regarding Lobbying, labeled Attachment C, which is attached and incorporated inCO this grant contract. 'I`i me "The Grantee must comply wrtlt all the time requirements described in this grant contract. Iu the performance of this grant contract, time is of the essence. Consideration and Payment 4.1 Consirleration. ']�he State will pay for all scrvices perfonned by the Grautee ui�der tliis grant contract as follows: (1) Compensatio�. The Grantee will be reimUursed not more thau $10.222.00, for o�ertime costs related to providing increased security during the period of l�ostilities with Iraq for the protection of facilities as listed in 21 of this grant contract. (2) Matclaing Requirenrents. (If Applicaole.) Grantee certifies that the folloaving m�tching requirement, for the grant contract, will be met by the Grantee: 0 0$ , 00.00. 2003 DHS ODP Critical inf}astructure Part II (10/03) � D3�Io5b Grant Contract #2000-9310 (3) Tota[ Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $10.222.00. 4.2 Payncent (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: Grantee will submit one itemized invoice for the total actual costs incurred for services under this grant contract. (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 FY 2003 State Homeland Security Grant Proeram CFDA number 16 007 of the Omnibus Appropriations Act of 2003 Public Law 108-7. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibili[y 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 detenniued 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. Authorized Representative The State's Authorized Representative is Bovd Rasmussen, Grants Specialist. Division of Emer encv Mana ee ment, 444 Cedar Street Suite 223. St. PauL MN 55101-6623, (651) 282-5392, 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 I f the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submittcd for payment. The .irantee's Authorized Representative is William K Firmey, Chief, ] 00 East I l th �treet. St. Paul. Minnesota 55101. 651-292-3588. If the Grantee's Authorized Representative changes at any titne during this grant contract, the Grantee must immediatcly notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7. I Assignnaent. 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 Amendmestts. Any amendment to this grai�t contract must be m writing and will not be effective until it has been executed and approved by the same paRies who executed and approved the original grant contract, or their successors in office. 73 WaLverr. If the SCnte 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 Co�etr�cct Coneplete. This grant contract contains all negotiations 1nd agreements between the State and the Grantee. No otl7cr understauding rebarding this grant contract, whether written or oral, may be useci to bind either party. Liability The Grantee must indenmify, save, and hold the State, its agents, and employees hamiless from any claims or caases of action, including attomey's fees incurred by the State, arising from the performance of this grant con[ract by the Grantee or the Grac�tee's agents or employees. This clause will not be construed to bar any legal remedies the Crantee m1y have for the State's failure to fulfill its obligations under this grant contract. 2003 DHS ODP Critical In&astn�cture Part II(10/03) D3-1�5t� Grant Contract #2000-9310 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 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 gant 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 parly before the data is released. 11 Workers' Compensafion 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 clauns that may arise under the Minnesota W orkers' 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 Pirblicity. 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 [he State's Authorized 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 joinfly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Errdorsentent. 1'he Gr�ntee must not claim thnt Che State endorses its products or services. 13 Governing Law, Jurisdiction, nnd Venne Miimesota law, wifliout regard to its choice-of-law provisions, govems 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 Tern�ination bp the State. The State may cancel this �rant 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 saCisfactorily perfomted. 142 Terraiinatio�� for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain Cunding from the Miimesota Legislature, or other funding source; or if fundmg cannot be continued at a level suf6cient 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 effectwe date of termitiation. However, the Giantee will be entitled to pay�nent, determined on a pro rata basis, for services satisfactonly performed to the extent that funds are available. The State will not be �ssessed any penalty if the grant contract is terminated because of the decisiou 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. 2003 DHS ODP Critical I�frastructure Part II (10/03) a31o�v Grant Contract #2000-9310 15 Data Disclosure Under Minn. StaX.§ 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minneso[a tvc 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 staie tax retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION Individ�ea[ certifies that junds have been ence�mbered as requir y Minn. Stat. y tti 16A,15 and 16C.0�. Signed: Date: Grant Contract No. 2000-9 2. GRANTEE The Grantee certifiu thal the nppropriate person(s) have erec:�ted Ihe grant contract on behalfof the Gi reqiaired by npplicable articlu, byLaws, resole�tions, By: _ Title: Date: By: _ Title: Date: 3. STATE AGENCY (with delegated authority) Title: Date: Dlshibution: DPS/FAS G�zntee Slate's Author¢ed Tv �-e foJ�e� tfl � S �q � c� �-v t-2 . J S e p c� �- E'e- �� 2003 DHS ODP Critical Infrastructure Part II (10/03) FEDERAI.. AUDIT REQUIItEMENTS For subrecipients that are state or local ¢ovemments, non-profit organizations, or Indian tribes o3-los6 Grant Contract #2000-9310 ATTACHMENT A If the grantee expends total federal assistance of $300,000 or more per year, the grantee agrees to obtain either a single audit or a progam-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 govemment has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the federal cognizant agency shall pernut biennial audits, covering both years, if the govemment so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less &equent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecipients that are institutions of hieher education or hospitals If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicahle. The audit shall cover eikher 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. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a pubite � crountant who meets the independence standards specified in the General Acco�:i�i:�,g Office's "Standards for Auctit of Govemmental Organizations, Programs, Activities, and Funetions." 3. The <tudit report shall state that the aucht was performed in accordance with [he 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 Govemmental Units," issued in 1986. The federal govemment 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 conective action taken or plaimed and comments on the status of corrective action taken on prior findinga If corrective actioti is not necessary, a statement descnbing 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 tinancial statements as may be necessary for the grantor !o comply with the Single Audit Act Ameudments of 1996 and OMB Circular A-133. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circular A-133. 6. The Statement of Expenditures form can be used for the schedule oP federal assistance. 2003 DHS ODP Critica] Infrastructure Part II (10/03) Page A-1 a3-�o56 Grant Contract #2000-9310 The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Reauired audit reports must be filed with the State Auditor's Office. Sinsle Audit Division, and with federal and state aEencies providin2 federal assistance within si2c months of the Qrantee's fiscal vear end. OMB Circular A-133 requires recipients of more than $300,000 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 l Oth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Departrnent 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 2003 DHS ODP Critical Infrastructure Part II (10/03) Page A-2 FEDERAL ASSURANCES D3-/o5� Grant Contract #2000-9310 ATTACHMENT B The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-ll0, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govem the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicanPs governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law which limit ceRain political activities of employees of a State or local unit of govemment whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et seq.). 4. It wili comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 5. It will es[ablish 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. 6. It will give the sponsoring agency or the Comptroiler General, through any authorized representative, access to and the rigl�t to examine �II records, books, papers, or documents related to the grant. 7. It will comply with all requiretnents imposed by the Federal sponsoring agency concerning special requirements of law, program requireinents, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmeutal Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Aetivities inclicating that a faeility to be usect in the projeet is under eonsideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public La�v 93-234, 87 StaL 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance ui communities where such insurance is available as a condition for the receipt of any Federal financial assistance f'or construction or acquisition purposes fo; use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase ° Federal financial assistance" includes any form o£ loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or ai�y other form of direct or indirect Federal assistance. 10. It will assist the Pederal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Hisroric Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the Nationat Register of Histonc 2003 DHS ODP Critical Infrastructure Part II (10/03) Page B-1 � � ' � 03 -/a 56 Grant Contract#2000-9310 Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 1 l. It will comply, and assure the compliance of all its sub-grantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative ageements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovemmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implemen[ing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply, and all its contractors will comply, with the non-discrimination requ'uements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victnns of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regu(ations on disability discrimination, 28 CFR Part 35 and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of fiinds, the recipient wili forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 15. It will provide an �qual Employment OppoRunity Progrlm if required to maintain one, where the application is for $SOO,OOv or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds wilhin the ui�its of the Coastal Barrier Resources System. 2003 DHS ODP Critical Infrastructure Part I[ (10/03) Page B-2 CERTIFLCATION 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: o3-�os � Grant Contract #2000-9310 ATTACHMENT C (1) No Federal appropriated funds have been paid or will be paid, by or on behalf o£ 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 Conb ess, or an employee of a Member of Congress in connection wi[h the awazding 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, gant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned shall require that the language o£ this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agraements) and that all subrecipients shall ceRify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submissiou of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to tile the required certifieation sha11 be subjeet to a civil penalty ofnot less khan $10,000 and riot more [hvi $100,000 for each such failure. Organization Name and Title oFOf t ia(,Sigi�ing for Orgauization Signature of�fficial Date 2003 DHS ODP Criucal Infrastructure PaR II (10/03) Page C-1