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03-617' ���. .� l 1: ir :{ u d� 1� Presented By: Referred To: WHEREAS, the $34,566.00 will be used to enhance our Emergency Operational Plan in coordination with regional plans that will result in greater preparedness and response capabilities to catastrophic events, and Council File # ���' y Green Sheet # 204283 RESOLUTION OF SAINT PAUL, MINNESOTA a� , WHE}2EAS, the Department of Flre and Safety Services has received a grant of $34,866.00 firom the State of z Minnesota to be used to enhance the City's Emergency Operational Plan, and 3 4 s � s s ,o ii �z 13 74 is is �� ia is zo zi 2z 23 za 25 zs z� za zs 30 WHEREAS, financing and spending plans have not been established for the grant received, and WHEREAS, the Mayor, pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does ceRify that there are available for appropriations $34,866.00 in funds in excess of those estimated in the 2003 budget; and, in accordance with Section 10.07.1 of the City Charter, recommends the following changes to the 2003 budget: pINANCING PLAN: 001 General Fund 05121 - Emergency Management 3199 - Other Fed Dir Grants - State All Other Adivity Financing SPENDING PLAN: 001 General Fund 05121 - Emergency Management 0219 - Fees-Other Profsnl Services All Other Activity Spending Current Budget 27,000.00 27,000 00 186,921.00 186,921.00 Committee: Date Change 34,866.00 34,866.00 � :.. 11 34,866.00 Budget 61,866.00 61,566.00 34,866.00 186,921.00 221,787.00 NOW THEREFORE, BE IT RESOLVED, that the City Council adopts the above changes to the 2003 budget and on behalf of the citizens of Saint Paul, accept the grant $34,866.00 from the State of Minnesota. Requested by Department of: Fire & Safety Services BY� �'-�Zv� L-'-a%tX�C�f'!i� Approval Re m e de by Dire tor of Financial Services: By: �� Adopted by Councii: Date ac 3 � For Adoption Certified by Council ecretary: By: By: r � _ / � Ap{ Appro d Mayor: Date [J ` � � ^ By: � rvr°"�Isl'�ii �s���.. .[�� by City i�/Mayor for Sut ����°� r „ . ,�,i. o3-c��� � % DEPARTMENT/OPFICE/CQUNCIL � ' DATE INRIATED ' Q �� Fire and Safety Services 3/13/03 GREEN SHEET No 2o42s3 �' CANTACT PERSON & PHONE INRL4LIDATE MfiwVOarE " Fire Chief Tim Fuiler 228�250 1 ocr.un.�orrow�o 5 cr�vco� �--�� MUSTBEONWUNGLAGENDABY(DAT� , �CfIYHTfORNEY ❑CIiYCLERI(�� / ❑Z FINPNCNIEFXVICE3dR_ �FlN/�NCIALSIINIACCIG �.����� n , TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) , � CT10N REQUE5TED To approve the attached Council Resolution authorizing the Department of Fire and Safety Services to accept the grant of $34,866.00 for the enhancement of the City's Emergency Operation Pian from the State of Minnesota. Also, to set up the ; firtancing and spending plans in the General Fund. �' RECOMMENDATIONApproVe(A)OfRZjZC[(R) PERSONALSERVICECONTRACTSMUSTANSWERTHEFOLLOWINGQUESTIONS: ` 1. Has this persoNfirm ever worked under a contract for this departmenY� " ' PLANNING COMMISSION � YES NO _ CIB COMMITTEE 2. Has this persoNfirm ever been a ciry employee� � CIVIL SERVICE COMMISSION YES NO , ` ' 3. Does this person�rm possess a skill noi nortnally possessetl by any curterrt uTy employee? ' YES NO ' 4. Is this person/firm a targeted vendor� YES NO , ' Fxplain all yes answers on separate sheet antl attach to green sheet -� � INITIATWG PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHI� ' '. The State of Minnesota has awarded the Ciry of Saint Paul $34,866.00 for the 2002 State and Local Supplementa! Appropriation ' Planning Grant Program. ' "`�'ADVANTAGESIFAPPROVED •: The Department of Fire and Safety Services will be able to accept the grant money to update the Emergency Operation Plan in coordination with regional plans that will result in greater preparedness and response capabilities to catastrophic events. Also, .. . a financing and spending plan wili be established for the grant. - .DISADVANTAGESIFAPPROVED , . ` ` None. . DISADVANTAGESIFNOTAPPROVED Lost opportunity to obtain funds to update the Emergency Operational Plan. The Saint Paul Fire and Safety Services will not have a financing or spending plan. ,. TOTALAMOUNTOPTRANSACTION $$�},HF)B:OO COST/REVENUEBUDGETED(CIRCLEONE) YES O �. FUNDING SOURCE Gf0(tt ACTIVIN NUMBER 05121 � ' FINANCIAL INFORMATION (EXPLAIN) , \ � ��i ,��i;�l � � 20fl3 03- �.L1 MINNESOTA �ESOTADEPARTMENT OF PUBLIC SAFETY Pubiic Safefiy DIVISION OF EMERGENCY MANAGEMENT . 444 CEDAR STREET, SITITE 223 ST. PAUL, NIINNF.SOTA 55101-6223 PHONE: (651) 296-2233 FAX: (651) 296-0459 Grant Application for the 2002 State and Local Supplemental Appr.opriation Planning Grant Program ApplicaatName Citv of Saint Paul Address �" 25� West Fourth Street � City Saint Paul County Ramsev State MN ZIP 5510�i Who is the Contact person? Name A1 Bataqlia Title Assistant Fire Ch�ef Mailing Address 100 East Eleventh Street City Saint Panl State MN ZIP 5 5101 Phone ( 651 1 228-6212 �mail Who is the local emergency management director? Name - A1 Bataqlia Title EM Director MailingAddress 100 East Elevai��H; City Saint Paul State MN ZIP 55101 Phone (651 ) 228-6212 noc�mvu � • n��.._i.�� nnne b3-��1 PROVIDE YOUR PROPOSED WORK PLAN TO MEET THE GRANT REQUII2EMENTS: (Inclnde timelines) The ro osed workplan for the City of Saint Paul enhanced Emergency Operational Plan fEOP). will.ineorporate the planning reqnireinents listed in MNWALR and will utilize the Federal Emergency Management A encies State and Local Miti ation Planning Guide. In addition, our intent is �.o levera e technolo :throu h FEMA's Hazus Software Program to provyde our enhanced EOP with an all fiazards approach to lanning, mitigation, response, and:-recovery to natural or man= made disasters including weapons of mass destruction. Our City Plan will integrate with the plans from Ramsey County, the City of Minnea olis, and the Twin Cities Metropolitan Medical Response S stem (MMIZS) lan. The MMRS plan is a seven county metropolitan initiative under contract with the federal government's Department of Iiealth and Auman Services to eff�ctively prepare for a terrorism event �nvolvin Wea ons of Mass Destructipn. The enhanced EOP will not onl roYide otxr framework for o erational res onse, but will improve our ability to disseminate and exercise the plan, between Cit De artments and our Re ional artners. This will be accom lished through training utilizing disaster scenarios , enerated throu h our Hazus Software and our Geographic Information S stems. The timelines for complation of our enhanced EOP will coincide with our 4uarterlv Reporting requirments.of the grant ti the expand ch will ac OP will be contract sonnel and *Attach additional pages if needed 0 � the ices coordina nomncu '+ be rovided in the reimbursement documentat on. t the time of the anced EOP will be tinq City.of Saint Paul n....��..�.�� nnn� :, O3-t��� . *Attach additional pages if needed CERTI�'ICATION: Applicant certifies that the above information is true and accurate to the best of their I�owledge. Typed pe Printed Name: Al. Signature: Date• /-3d a3 nec�ina�� � n..���.a.... nrv�e ,. , BUDGET *Grant may not cover all costs. v3 no�meu � • n�..�...�.�� enne 03 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Division of Emer�yManagement 444 Cedaz Street Suite 223 St. Paul, Minnesota 55101-6223 ("State") and Citv of St. Paul. 100 East Eleventh Street. St. Paul. MN 55101 ("Grantee"). Recitals 1. Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2(41 the State is empowered to allocate and disburse federal aid made available through the Federat Emergency Management Agency and is empowered to enter into this grant contract. 2. The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the 2002 Supplemental Grant for State and I.ocal All-Hazazds Emergency Operations Planning. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in trris grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: January i, 2003, or the date the State obtains all required 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 Grantee has been noti£ed by the State's Authorized Representative to begin the work. 1.2 Expiration date: December 31. 2003, 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. Govei�unent Data Practices and Copyright; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and I5. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state empioyee, will: 2.1 Perform the work included the proposed work plan in Grantee's Grant Application for 2002 State and L,ocal Supplemental Appropriation Piamiing Grant Program, Attachxnent A, which is attached and incorporated into this grant contract. i.2 Comply with all program guidelines specified in the 2002 State and Local Supplementai Appropriation Planning Grant Program Application Packet provided to the Grantee by the State, and will comply with the standards and requirements attached and incorporated into this grant coniract. These additional standards and requirements are the following: a. Federal Audit Requirements, labeled Attachment B, which is attached and incorporated into this grant contract. b. 44 CFR 13.36, (i), labeled Attachment C, which is attached and incorporated into this grant contract. 23 Use this funding to increase the level of effoft to develop or enhance all-hazard emergency operations planning efforts. Funds approved under this grant award shall be used to supplement and shall not be used to supplant local fixnds dedicated to this effort. The Grantee may be requested to support maintenance of effort planning efforts through documentation supporting three previous years' budgets dedicated to this effort. 2.4 Use no more than 5% of this grant award for administrafive activities, such as indirect costs, printing, copying, and office supplies. 3 Time 2002 platnuug grant program (02/03) Page 1 03 The Grantee must comply with all the fime requirements described in this grant contract. In the performance of this grant contract, rime is of the essence. 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 $34,866.00, in accordance with breakdown of costs specified in Grantee's Grant Application for 2002 State and Local Supplemental Appropriation Planning Cirant Program, Attachment A, which is attached and incorporated into this grant contract. If additional 2002 State and Local Supplemental Appropriation Planning Grant funds become available and/or are reallocated to the State during the federal fiscal year, the State may increase the Grantee's grant reimbursement under this grant contract by encumbrance. This shall be done using the Crrant Adjushnent Norice Re-obligation form; a sample of this form is attached to this contract. Any additional funds will be govemed by this grant contract and any amendments to this grant contract. (2) Matching Requirements. (If Applicable) Grantee certifies that the following matching requirement, for the grant contract, wiil be met by the Grantee $0.00. (3) Total Obligation. The total obligarion of the State for all compensation and reimbursements to the Grantee under trus grant contract will not exceed $34.866.00. 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. Tnvoices must be submitted timely and according to the following schedule: a. Grantee wili submit itemized invoices quarterly for actual costs incurred quarterly. Invoices are due by Avril I S 2003 Julv 15 2003 October 15 2003 and Januarv 30, 2004. b. Expenditures for each state fiscal yeaz (July through June) of this grant contract must be for services satisfactorily performed within applicable state fiscal year. Final invoice pertainin�to the first state fiscal �az of this arant contract must be received bv the State no later than Julv 15 2003 Reimbursements from the second state fiscal veaz mav commence on or after July 1 2003 Final invoice for services satisfactoryperformed between Julv 1 2003 and December 31 2003 must be received by the State no later than Januarv 30. 2004. a Grantee will submit financial and narrative performance reports quarterly and reoorts aze due bv A�rii 15 20�3 Juiv 15 2003 October 15 2003 and 7anuarv 30, 2004. The narrative performance report shall consist of a comparison of actual accomplishment to,Yhe approved work plan. These reports must be submitted before invoices wili be paid. (2) Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through 2002 Sugplemental Grant for State and Locai All-Hazazds EmerQencv Oroeration PlanninQ CFDA number 83.562 of the 2002 Supplemental Approuriations Act For Further Recovery From and Resoonse To Terrorist Attacks on the United States. Public Law 107-206. The Grantee is responsible far compliance with all federal requirements imposed on these funds and accepts full financiai responsibility for any requirements imposed by the Grantee's failure to compiy with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's 2002 planning grant program (02/03) Page 2 t�3—ta.« satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all appiicable 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 Kristen Sailer. Grants Specialist, Division of Emer ency Management, 444 Cedar Street Suite 223. St. Paul, MN 55101-6223. (651) 215-6939, 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 aze satisfactory, the State's Authorized Representarive will certify acceptance on each invoice submitted for payment The Crrantee's Authorized Representative is A1 Bata�l�ia. Assistant Fire Chief, City of St. Paul, 100 East Eleventh Street, St. Paul, MN 55101. (651} 228-6212. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligarions 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 unril it has been executed and approved by the same parties who executed and approved the original grant conuact, or their successors in office. 73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regazding 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. T'his clause will not be construed to baz 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 andJor 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 Copyright 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 gzant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Gz'antee 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. 2002 planning grant proglazn (02/03) Page 3 v3-��� If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately nofify the State. The State will give the Grantee instructions concerning the release of the data to the requesting parly before the data is released. 10.2 Copyright The Grantee and State aze free to copyright any original work developed in the course of or under the agreement. FEMA reserves a royalty-free, nonexclusive and inevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for Government purposes. Any publicarion resuiring from work performed under this agreement shall include an acknowledgement of FEMA financial support and a statement that the publication does not necessarily reflect FEMA's views. 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 Cnantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third pariy as a consequence of any act or omission on the part of these employees aze in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of trus provision, publicity includes notices, informational pamphlets, press releases, research, teports, 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 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Goveming 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 14.1 Termination by the State. The State may cancel this gant contract at any time, with or without cause, upon 30 days' written norice to the Grantee. Upon terminarion, the Grantee will be entitled to - payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufficient 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 aliow for the payment of the services covered here. Termination must be by written or fax norice to the Grantee. The State is not obligated to pay for any services that aze provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services safisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 143 Termination for Failure to Comply. The State may cancel this grant contract immediately if the State finds that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been made or that the purpose for which the funds were gtanted have not been or will not be fulfilied, the State may take action to protect the interests of the State of Minnesota, 2002 planning gant program (02/03) Page 4 d3-(e61 including the refusal to disburse additional funds and requiring the return of ail or part of the funds already disbursed. 15 Data Disciosure Under Minn. 5tat.§ 270.66, and other applicable law, the Crrantee consents to disciosure of its social security number, federal employer taac identification number, and/or Minnesota tax identificarion number, already provided to the State, to federal and state tax agencies and state personnei involved in the payment of state obligations. These idenrificarion numbers may be used in the enforcement of federal and state tas laws which could result in acrion requiring the Grantee to file state tax retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual cerafies lhat fundt have been encumbered as required by M'wc Stat §§ 16A.15 and 16G05. By: (with delegated authority) Signed: Date: Grant Contract No. 2. GRANTEE 7ke Grantee cer6fies (hat the appropriate person(s) have ezecuted the grant convact on behalf of the Grontee as required by applicab(e drHcles, byraws, rerolutions, or ordinances. By: TiHe: Date: Ti[le: Date: � Title: Date: Disdibution: DPS-FAS Gremee SEa[e's Authorized Representative - Photo Copy 2002 planning grant program (02/03) Page 5