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03-666Council File # Presented By: RESOLUTION SAINT PAUL, MINNESOTA Green Sheet# 0 3 -GGG 3001523 as Referred To: Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 W HEREAS, the Department of Fire and Safety Services has received a grant of �u10,000.00 from the State of Minnesota to be used to pay for costs associated with the Domestic Preparedness Training Exercise held at the Minnesota State Fairgrounds on May 3, 2003, and WHEREAS, the financing and spending plans have not been established for the grant received, and WHEREAS, the Mayor, pursuani to Section 10.07.1 of the Charter of the Ciry of Saint Paul, does certify that there are available for appropriations $10,000.00 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: FINANCING PLAN: Current Budget Change Budgei 001 General Fund 05121 - Emergency Management 3400 - State Direct Grants in Aid - 10,000.00 10,000.00 - 10,000.00 '10,000.00 SPENDING PLAN: 001 General Fund 05121 - Emergency Management 0389 - Other Misc. Supplies 10,000.00 10,000.00 - 10,000.00 10,000.00 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 of $10,000.00 from State of Minnesota for the 2002 Domestic Preparedness Program Exercise Grant. Requested by Department of: Adopted by Council: Date / � ' � Adoption Certified by Council Secretary: By: ` Approved Mayor: Date By: �e.'��2 Fire & Safet Services By: _ � Approval Rec�mm � Directo of Financial Services: ��--�0 ' By � ��� Form Approve by City By: Approx�tl , avor for 03-G�� �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUofficelcouncil: Date Initiated: FR — Fire 16-JUN-03 Green Sheet NO: 3001523 ConWct Person & Phone: Deoartrnent Sent To Person InitiaUDate FIRE CHIEF AL BATAGLIA � 0 ire � 4 " 781 � ASSign 1 ire De artment Dirtttor �Must Be on Countil qqenda by (Date): Number Z inancial ervices Office Ftinancial Servi For Routing 3 ' Attom Order 4 a or' ffice Ma oNAssistant 5 ouocil C' Council � 6 i Clerk Ci Clerk ToWI # of Signature Pages �(Clip All Locations for Signature) Action Requested: Approval of the attached Council Resolurion authorizing the Fire Department to accept a grant of $10,000.00 from the State of Minnesota for the 2002 Domestic Prepazedness Program Exexcise Grant. Also, the financing and spending plans need to set up in the General Fund. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a co�trad for this department? CIB Committee Yes No Civil Service Commission 2. Has this personlfirm ever been a city employee? Yes No 3. Dces ihis person/firm possess a skill not normally passessed by any current city employee? � - Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, issues, Opportunity (Who, What, When, Where, Whyg � The City of Saint Paul held a Domestic Preparedness Training Exercise at the Minnesota State Fairgrounds on May 3, 2003. The State of Minnesota has awazded the City of Saint Paul a graut of $10 to offset the costs associated with this training exercise. AdvantageslfApproved: The City of Saint Paul will have the ability to receive money to help offset the costs associated with the training exercise. Disadvantages If Approved: j""► ��1 e° I� )�� None. �"d � C v JUN 2 3 2003 Disadvantapes If Not Approved: (R��� A�fl b A 1�\/ I,ost opportunity to obtain funds to offset the cosTs associated with the Lraining exercise. as tJ fl l V 1 Total Amount of 10000 CasURevenue Budgeted: y Transaction: Fundins source: 001 - General Fund A����h nlumber: 05121 - Emergency Management Financial Information: �,.�r �d;^.�U; (Explain) JUN � � 20�3 _ ;; r:�::. �� - . _w._ w. � 03 - 6l�6 Mntt - The Fire �epurtment coordinated a terrorism response practice exercise nt the Stnte Fnirgrounds on 5/3/2003. The State (using federnl money) is reimbursing the City for $10,000 of the cost. There is bo direct match required of the City - even though we probably expended funds nbove the $10,000. We had City police and fire units pnrticipate in the event. In addition to Snint Pnul, Regions, the Red Cross, Allinn, Health East, Saint Anthony, Falcon Heights, State Fair, Salvntion Army, MTC, and the Ramsey County Sheriff participated. The event practiced the response to a Inrge car bomb going off in a crowd of people. Response, treatment, and transport to hospitals was practiced. 121 employees were involved along with 500 volunteers (injured). The State's $10,000 seems to be covering some of the direct costs of staging the event - portable toilets, food, make up, first nid supplies, mailing, etc. The State funds aren't sufficient to go beyond the direct costs and cover salaries. The budget amendment places the Stnte funds in a city expense code for miscellaneous supplies. , Straight forward. We staged the event, and covered the costs. We should accept the reimbursement. Ron. June 18, 2003 03 -��6 STATE OF MINNESOTA GRANT CONTRACT Contract #2000-8915 This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety. Division of Emereency Management. 444 Cedaz Street. Suite 223. St. Paul. Minnesota 55101-6223 ("State") and Citv of St. Paul, Fire & Safety Services, 100 East llth Street Saint Paul, Minnesota 55101 ("Grantee"). Recitals 1. Under Minn. Stat. §§ 1222 and 299AA1 Subd 2(41 the State is empowered to allocate and disburse federal aid made available through the United States Department of Justice 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 U.S. Department of Justice (DO� Fiscal Yeaz 2002 Domestic Preparedness Program for exercise related costs. 3. 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 date: Mav 3, 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 unfil this contract is fuRy executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Ezpirafion date: May 1, 2004, 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; 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: 2.1 Perform the services and tasks for terrorism response-related exercise(s) as submitted and approved by the State in Grantee's Worksheet for 2002 Domestic Preparedness Grant Application for an Exercise, labeled Attachment A, which is attached and incorporated into this grant contract. 2.2 Comply with all program guidelines specified in the State and Federal Domestic Preparedness Equipment and Training Grant Application Packet provided to the Grantee by the State, and will comply with the standazds 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. Federal Assurances, labeled Attachment C, which is attached and incorporated into this grant contract. c. Federal Equal Employment Opporiunity Plan (EEOP) requirements, labeled Attachment D, which is attached and incorporated into tlus grant contract. 3 Time The Grantee must comply with all the time requiremenYs described in this grant contract. In the performance of this grant contract, tune 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) Compensafion. The Grantee will be paid not more than $10.000.00, in accordance with breakdown of costs specified in Grantee's Worksheet for 2002 DOJ Domestic Preparedness Grant Application for an Exercise, Attachment A, which is attached and incorporated into this grant contract. (2) Matching Requirements. (If Applicable) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee 0.00. DOJ Dom Prep Eeercise (02/03) Page 1 a3 -6 �6 Contract#2000-8915 (3) Total Ob[igation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $10 000.00. 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 senrices. Invoices must be submitted timely and according to the following schedule: a. Grautee will submit itemized invoices for actual costs incurred quarterly, but not more often than monthly and within 30 days of the period covered by the invoice. b. Expenditures for each state fiscal yeaz Julv throu h June of this Qrant contract must be for services �rovided within applicable state fiscal yeaz. Final invoice for services provided through June 30 2003 must be received by the State no later than July 31 2003. Final invoice for services provided between July 1, 2003 and May 1. 2004 must be received by the State no later than June 1 2004 (2) Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through Title U.S. Office of Justice Pro¢rams Fiscal Yeaz 2002 State Domestic Prepazedness E ui ment Pr. oeram CFDA number 16.007 of the U.S.A. Patriot Act of 2001. Public Law 107-56. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full fmancial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditious of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as deternuned 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 Sherrill Neudahl. Grants Snecialist, Division of Emereency Mana¢ement 444 Cedar Street. Suite 223, St Paul, MN 55101-6223,�6511296-0465, or his/her successor, and has the responsibiliry to monitor the Grantee's performance and the authority to accept the services provided under ttris 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 Alan Bataglia, Assistant Chief, City of St. Paul, Fire & Safery Services, 100 East l lth Street, Saint Paul, Minnesota 55101, Phone (651) 228-6212. If the Grantee's Authorized Representative changes at any time during this grant conh the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignmenz 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. 73 Waivea 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, anc3 employees harniless from any claims or causes of action, including attomey's fees incurred by the State, arising from the performance of this grant contract DOJ Dom Prep Exucise (02/03) Page 2 v3 -��� Conuact#2000-8915 by the Grantee or the Grantee's agents or employees. This 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 pracfices reievant fo this grant contract are subject to examination by the State and/or tfie State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this graut contract. 10 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 Stace. The State will give che Grantee instructions conceming the release of the data to the requesting party before the data is released. 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 clanns 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 Publicify and Endorsement 12.1 Publicity. Any publicity regazding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, 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-Iaw 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 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 wffl be entifled to payment, deternuned on a pro rata basis, for services satisfactorily perforxned. 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 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, detemuned on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State wffl not be assessed any penalty if the grant contract is terniinated because of the decision of the Minnesota Legislature, or other fixnding 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. DOJ Dom Prep E7cercise (02/03) Page 3 03 -LG6 Contract#2000-8915 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 granted have not been or will not be fulfilled, the State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15 Data Disctosure Under Minn. Stat.§ 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer taac identification number, and/or Minnesota taac identification number, already provided to the State, to federal and state taac agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state ta�c laws which could result in action requiring the Grantee to file state taY rehuns and pay delinquent state tas liabilities, if any, or pay other state liabilities. 1. STATE ENCUMBRANCE VERIFICATION Individua! certefies that funds have beert encumbered as required by Minn. Stat §§ 16A.15 and 16C.05. Sig�ed: Date: Grant Contract No. 2. GR.ANTEE The Granfee cerlifies that the appropriate person(s) have executed the grant con[ract on behalf of the Graniee as reguired by applicable articlu, 6ylaws, resolutions, or ordinances. By: Title: Date: � Title: Date: 3. DIVISION OF EMERGENCY MANAGEMENT By: (with delegated authority) Title: Date: Distribution: DPS-FAS Glantee DEM DOJ Dom Prep Fserc�se (02/03) Page 4 03 -��� Edmond Hanson - Exercise Attachments.doc � Pa e 1 � MINNI Public ATTACHMENT A NIIl�TNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT 444 CEDAR STREET, SUTTE 223 ST. PAUL, MINNESOTA 55101-6223 PHONE: (651) 296-2233 FAX: (651) 296-0459 2002 DOMESTIC PREPAREDNESS Grant Application for an Exercise OrganizationlAgencyName* Saint Paul Department of Fire & Safetv Services Organization Address Ci�, Saint Paul State _ MN ZIP 55101 * Organization/agency must be eligible to receive Federal grant monies. Who is the contact person? Name Alan Bataglia Assistant Chief MailingAddress _100 Fa�r 17rh 4r_ City Saint Paul State � ZIP 15� O1 Phone(65A 228-6212 100 East 11th St. A-1 A Who is the local emergency management director? Name Alan Bata�lia Title Assistant Chief Mailing Address 100 East llth St. City Saint Pau1 State MN ZIP 55101 Phone(51� 228-6212 DESCRIBE YOUR EXERCISE: The exercise will be held at the Minnesota State Fairgrounds on May 3, 2003. It will start with a vehicle explosion causing several dozen fatalities, well over one hundred injured and several hundred contaminated by a secondary device that releases a chemical agent. We will be triaging and treating several hundred people. There has heen arrangements made to transport nearly three hundred casualties to several hospitals metro wide. We will also be decontaminating nearly three hundred people at the scene. The Hazardous Materials Response Team will be conducting product analysis, as well as doing Hot Zone entry with the bomb squad. In cooperation, the Police Critical Incident Response Team will be securing the scerie. The SSth Civil Support Team will be doing a Hot Zone entry to conduct agent procurement and testing on scene. The exercise will be a multiple agency, multiple discipline response. A•2 D3 -�l� Edmond Hanson - Exercise Attachments doc Page 3' A SCENARIO (must include ferrorism) a laree crowd of and the first resnonders have arrived, approximately thir There will b ee ice will be d several hund urisdictional will be tran be im�lemente ties with to area A-3 The evaluation of the exercise must be based on the Federal Hazardous Materials Exercise Evaluation Methodology or a similar methodology approved by the Regional Program Coordinatoc � ATTACHMENT A Expense Category I Number I Hours I Cost A-4 BUDGET (For documentation purposes, please list all costs.* � � �(c�6 �dmond Hanson - Exercise Attachments.doc Page 5: PERSONDIEL (Straight time only) (List by organization/department) Number 3 Cost �I�] 1 VOLiJNTEER PERSONNEL (for docu- mentaHon purposes, please assign a value to these hours) Travel Rental Office Supplies Mailing Meeting Espenses 500 Hours 4500 45000 S00 150 3500 Refreshments Other : TOTAL �/j1.�¢-JC( MKfs'� 6r�aK7 �'s ��0, ooa. oo . 77190 *Grant may not cover A cosu. A-5 o3-Cddo FEDERAL AUDIT REQUIREMENTS ATTACHMENTB For subrecipients that are state or local governments non-profit or�anizarions or Indian tribes 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 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 ar local govemment has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall perxnit 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 less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1937. For subrecipients that are institutions of higher education or hosnitals If the grantee expends total direct and indirect federal assistance of $300,000 or more per yeaz, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circulaz A-110 "Requirements for Grants and Agreements with Universities, Hospitals and OtherNonprofit 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 pubiic accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Goveriunental Organizations, Programs, Activities, and Functions" The audit report shall state that the audit was performed in accordance with the provisions of OMB Circulaz 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 govenurient has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendarions 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 correcfive action is not necessary, a statement describing the reason it is not shouid 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 gantee's records and financial statements as may be necessary for the grantar to comply with the Single Audit Act Amendments of l 996 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 of federal assistance. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. �III N r�/ {/7 .rr ATTACHMENT B 8. Required audit renorts must be filed with the State Auditor's Office. SinEle Audit Division, and with federal and state a¢encies providin2 federai assistance, and the Department of Public Safetv within six months of the ¢rantee's fiscal vear end. OMB Circulaz A-133 requires recipients ofmore than $300,000 in federal funds to submit one copy ofthe audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Prepazation Division 1201 East l Oth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Deparirnent 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 5quare St. Paul, MN 55101-5126 � 03-�6 ATTACHMENT C FEDERAI,ASSURANCES 1. Grantee will comply with the Intergovemmental Peisonnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appenduc A of OPM's Standazds for a Merit System of Personnel Administrarion (5 C.F.R. 90Q Subpart F). 2. Grantee will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.0 §§ 4801 et seq.) which prohibits the use of lead based paint in constcuction or rehabilitation of residence s�uctures. 3. Grantee will comply with all federal stahttes relating to non-discrimination. These include but aze not lunited to: (a) TiUe VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1b86) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 [S.S.C. §794) which prohibits discrimination on the basis ofhandicaps; (d) the Age Discriruivarion Act of 1975 as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-discriinuiation on the basis of drug abuse; (� the Comprehensive Alcohol Abuse and Alcoholism Prevenlion, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to non-discrimniation on the basis of alcohol abuse or alcoholism; (g) §§>23 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended relafing to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended relakng to non-discrirtiination in the sale, rental or financing of housing; (i) any other non- discrimination provisions in the specific statue(s) under which application for federal assistance is being made, and (j) the requuements on any other non-discrimination Statute(s) which may apply to the Sub-grant Agreement. When applicable, SUB- GRAN'IEE will comply with Execut3ve Order 11246 of September 24, 1965 entitled "Equal Employment Opportuniry", as amended by Executive Order 11375 of October 13, 1967 and as supplemen[ed in Department of Labor regulations (41 CFR part 60). (All construction contracts awazded in excess of $10,000 by grantees and their contractors or sub-grantees). 4. Grantee will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) wluch provides for fair and equitable ffeatment ofpersons displaced or whose property is acquued as a result of federal and federally assisted pro�ams. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. For acquisition/relocation projects funded as a result of the FEMA-1370-DR presidenrial disaster declaration, the purchase of any real property under a qualified buy- out program shall not consfitute the maldng of Federal financial assistance available to pay all ar part of the cost of a program or project resulting in the acquisition of real property or in any owner of real property being a displaced person (within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). 5. Granfee will comply, as applicable, with the provisions of the Copeland "Anti-Kickback" Act (18 USC 874), and the Contract Work Hours and Safety Standards Act (40 U.S. 327-330) regarding labor standards for federally assisted construcfion sub- agreements, as supplemented by Department of Labor Regulafions. 6. Grantee will comply wlth environmental standazds or requuements which may be prescribed pursuant to the following: (a) institurion environmental quality control measures under the Nationai Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) Environmental Policy Act of 1969 (P.L. 91-190) and Execurive Order (EMO) 11514; (c) notificarion of violaring faciliries pursuant to EO 11738; (d) protection of wetlands pursuant to EO 11990; (e) evaluafion of flood hazards in floodplains in accordance with EO 11988; (fl assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (g) compliance with all applicable standards, ordexs, or requirements issued under section 306 of the Cleaz Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368, and Environmental Protection Agency regulations (40 CFR part IS). 7. Grantee will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 8. Grantee will assist the 5TATE in assuring compliance with Secrion 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 9. Grantee will comply with mandatory standazds and policies relating to energy efficiency which aze contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163}. C-1 o3-t� l �\ 1nr �,; September 16, 2002 Mr.lerry Rosendahl U.S. Department of Justice Office of Justice Programs Office for Civil Rights W¢shmgtm, D.0 2053I Minriesota Department of Public Safety Divis�on of Emergency Management 444 Cedar Stree[, Suite 223 St. Paul, MN 55101-0223 Dear Mc Rosendahl: Congratulations on your recent awazd. Because you have submitted CeRified Assurances that your agency is in compliance with applicable civil rights ]aws, [his office has detennined [hat you have met this requirement in the Depar(ment of Justice regulations governing recipients of Fedenl financial assistance (see 28 C.F.R. section 42204, Applicants' Obligations). As Director of the Office for Civi] Rights (OCR), Office of Justice Programs, I would ]ike to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, l4, and 15, as [he grant goes forward. As you know, equal opportuniTy for [he partic�pa[ion of women and minoriry individuals in employment and services provided under programs and activities receivmg Federat financial assistance is required by law. Therefore, if there has baen a federal or state wurt or administra[ive agency finding of discrimination against your agency, please foiward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Departmeni of Justice, Office of Justice Programs, Office for Civi] Rights, 8]0 Seventh Street, N. W., Room 8136, Washmgton, D.C. 20531. Additiona� Insevctions For Grnntees Receiving $SOQ000 Or More: [n accordance wrth Assumnce No. 15, each grantee that receives $500,000 or more (or $1,OOQ000 in an 18- month period), and has 50 or more employees, must submi[ an Fqual Employment OpportumTy Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. t 2. Akematively, the grantee may choose to complete an EEOP ShoE Form, in lieu of sending its own comprehensive EEOP, and retum i[ [o OCR within 60 days of the date of this lettec This easy-to-follow EEOP Short Fonn reduces paperwork and preparation time coasiderabty and wili ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Developmeut of an EEOP will assis[ you in completing this requirement The SevenS[ep Guide and EEOP Short Foan may be downloaded from OCR's home page on the lnternet (http �/hv ojp doj go / A. 3. Please be reminded that the above requirements apply to primary gmutees and [o eacfi of [heir subgrantees or contractors that meet the cdteria ouUined in [Itis letter. Therefore, all primary grantees should apprise subgrantees of these responsibilities and those meeting the critena should send tbeir EEOPs or EEOP Short Foans directly to the Office for Civi! Rights within 60 days of the date of their awazd. Attachment D ' If you have already subm�tted an EEOP as paR of another awazd from the Office of Justice Programs (OlP) or the Office of Communiry Oriented Policing Services (COPS) within the past two years, or if you have ceRified that no EEOP �s required, it is not necessary for you to submi[ another at t}us time. Sunply send a copy of [he letter you receroed from OCR showing that your 6EOP or certificarion is acceptable along with a cover ]etter that references the new grant award. D-1 �3"fti6�e NOTE: If agency has uc�der 50 employees, regazdless of amount of awazd, no EEOP is required; however, grantee must retum applicable portion of Certification Form [o OCR within 60 days. This Certification Form may also be dovmloaded from OCR's home page on the Iniemet. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPS GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF 17S CERTIFIED ASSURANCES AND MAY RESi3LT IN Si3SPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CML RIGHTS. Addihonal Inshvctions For Grnntees Receiving $25,000 Or More, But Under $SOQ000: 4. Pursuarrt to Depar[ment of Justice regula[ions, each gran[ee tha[ receives $25,000 or more and has 50 or more employees is required [o maintain an Equal Employment Opportunity Plan (EEOP) on file fot review by OCR upon request. (However, if the gantee is awazded $1,OOQ000 in an eighteen (18) month period, it must submit an acceptable EEOP [o OCR.) Please complete the applicable section of the Certification Fonn and re[um i[ to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regazdless of amount of awazd, no EEOP is required; however, grantee must re[um applicable portion of Certificafion Form to OCR within 60 days. Additional IrisWCtions For Grantees Receiving Under $25,000: 5. A recipietrt of under $25,000 is not required to maintain or subm�t an Equal Employment OpportuniTy Plan (EEOP) in accordance with Assurance No. I5. No Cert�fication is reqtired. InsWCtious for All Grantees: 6. In addition, all recipients, regazdless of [heir type, the monetary amount awarded, or the number of employees in their workforce, aze subject to the prohibitions against discrimination in any funded program or activity Therefore, OCR investigates complaints by indivtduals or goups allegmg discriminatio� by a recipient of OlP funding; and may require all recipients, through selected compliance reviews, to submi[ data to ensure [heir services aze delivered in an equitable manner to alI segments of the service oopulation and their emnlovment practices aze in compliance with equal If you have any questions, please call OCR at (202) 307-0690. Addilional information and techmcal assistance on the crvil rights obligations of grantees can be found at: htto�// ww ojp usdoj gov/o /. Sincerely, �-/ a. �.�- Michael L. Atston Aoting Director, Office for Civi] RighCs cc: Grant Manager Financial Analyst ' The employment practices of certain Indian hibes aze not covered by Tide VII of the Civil Righ[s Ac[ of 1964, R2 U.S C section 2000e D-2 FROM: ��� � �'�C DEPART'MENT OF FIl2E AND SAFETY SERVICES Timnthy K Fu[ler, Fire Chief CTTY OF SAINT PAUL R¢ndy C. Kelly, Mayor June 16, 2003 Northland Fire Protection 4445 West 7'7` Street Suite 125 Minneapolis, Mn. 55435 Re: Special Extinguishing System Inspection 2201 BURNS AVE Permit # 2003-285967 SES INSTALL ANSUL R102 UL300 SYSTEM Dear Contractor, DIVISION OF FII2E PREVENTION Steven Zaccard, Fire Marshal I00 Eosi EZeventh Street Teiephone: 651-22&6230 SainiPaul,MN55101 Facsimile:651-228-6241 An inspection was done at the above mentioned premise on June 9, 2003. The following deficiencies were noted during the inspection and must be corrected to attain final approval: Cooking Suppression System - NFPA 17A 4-3 Install the required pipe supports. - Install standoff hangers on all discharge and EMT piping. The hangers shall be supported by the building structure. Cooking Suppression System - NFPA 17A 5-1.3 System access for inspecrion shall be available when the system is not being used .Access to overhead piping shall be open at the time of reinspection. Fire Sprinkler system - MSFC 903.4 - Provide approved monitaring of the fire sprinkler system flow and tamper switches. This work will require a pernut(s). Kitchen - NFPA 17A 2-43.1 Upon activation of any cooking equipment fire extinguishing system, all sources of fuel and power to all equipment protected by the system shall be shut down. All appliances under the system ventilation shall shut down. - Repair or replace the natural gas and electric current shut off appliances. AA-ADA-EEO Employer Page 2 of 2 o � -�t� Kitchen - NFPA 17A 3-2.1.5 A signal shasll be provided to indicate the fire suppression system has operated. The extinguishment system shall be connected to the building fire alarm system. - This extinguishing system shall be connected to the fire alarm monitoring station. Kitchen appliance gas supply - NFPA 17A 5-31.1 Install a pipe plug in the unused natural gas supply. Once these deficiencies are corrected, please call me at 651-228-6259 for a re-inspecrion. Sincerely, Bob Seifert Fire Inspector cc: Jim Bichnell, Chief Engineer MB St.Paul Inc. Pat Fish, Fire Inspector AA-ADA-EEO EmployeT