04-391Council File # �' �,
Green Sheet # 206078
RESOLUTION
SAINT PAUL, MINNESOTA
Presented By:
Referred To: � � Committee:Date:
40
1
2 WHEREAS, the City of Saint Paul, Police Department, has been awarded a 2003 Homeland Security, Part 2
3 Critical Infrastructure Protection Grant for protection of critical infrastructure during orange alert from
4 December 21, 2003 through January 9, 2004; and
5
6 WHEREAS, a 2004 financing and spending plan needs to be established for this grant; and
7
S WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that
9 there are available for appropriation funds of $76,878 in excess of those estimated in the 2004 budget; and
10
11 WHEREAS, the Mayor recommends that the following addition be made to the 2004 budget:
12
13
14 CURRENT AMENDED
15 BUDGET CHANGES BUDGET
16
17 436 - Police-Special Projects
18 FINANCING PLAN:
19 34087 - Homeland Sec-Critical Infrastructure
20 3199- Other Federal Direct Grants-State 0 76,878 76,878
21
22 Total Changes to Financing �T6,87�
23
24 SPENDING PLAN:
25 34087 - Homeland Seo-Cri6cal Infrastructure
26 0141 - Overtime 0 67,790 67,790
27 0439 - Fringe Benefits 0 9,088 9,088
28
29 Total Changes to Spending '
30
31
30
31 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2004 budget.
32
Yeas
Absent
Requested by De artment of:
Police
By: , ,----ti
Approval
Adopted by Council:Date: �j» / J� �j��� By:
Adopfion Certified by Council Secretary: Form
B
Approved
�
2003 Homeland Security,
, B
J
. ^
s. i ' B
s , \ / /�
Part ritical Infrastructure Grent budget.c�.$1104
by Financ�i al Services:
DCPqR..dENTfOFFICEICOUNCIL DATE INITIATED ,
PoliceDepartment 3/5/04 GREEN ET No. 206078�
ONTACT PERSON P ONE INffIAL/D INrtIAUDATE
Cttief Willi2m Finney 266-5588 1 oeraanar an 5 cama�
MUST BE ON COUNCIL AGENDA BY (DA7E) /�
Please process ASAP with green sheet 206077. ❑3 arvn.roxxEr ❑arvc�eaK ('�
�exnxen�seav¢esdz �vwarxw�svrvinctte
�YOR(ORASSLSTMl�) �RIGIRS
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
C710N REQUESTED
Approval of the attached council resolution establislung a 2004 financing and spending plan for the 2003 State Homeland
Security, Part 2 Critical Infrastructure Protection Grant awazded to the City of Saint Paul, Police Department.
Note: The council resolufions from green sheets 206077 and 206078 must be on the same City Council agenda
date. The council resolution for green sheet 206077 must be listed directly before the council resolution for
green sheet 206078.
RECOMMENDATION ApploVe (A) ol RejeCt (R) PERSONAL SERVIGE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
7. Has ihis perso�rtn ever vrorked under a contract for this depaAment?
PLANNING COMMISSION YES NO
CIB COMMITTEE 2. Has ihis perso��m ever been a city employee?
CIVIL SERVICE COMMISSION YES NO
3. Does this person�fm possess a slail not normaliy possessed by any current aty employee�
YES NO
4. Is this perso�rm a targeted vendoR
YES NO
Explain all yes answers on uparate sheet and attach to green sheet
INI71A71NG PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WNEN, WHERE, WHY)
The State of Minnesota has awazded a 2003 State Homeland Security, Part 2 Critical Infras[ructure Protection Grant
to the City of Saint Paul, Police Depar[ment, for protection of crifical infiastruchue during orange alert from
December 21, 2003 through January 9, 2004. A 2004 financing and spending plan needs to be established for the grant.
ADVANTAGESIFAPPROVED
Ability to use grant funds available for protection of critical infrastructure overtime costs. �
� MAR � 2 ZU04
__ _4 ( fl 9 9
DISADVANTAGESIFAPPROVED . . . � ' " ,� , � �
None
� �9AR 2 � ��Q�
DISADVANTAGESIFNOTAPPROVED
Inability to use glaIIt funds for protection of critical infrastrucmre over[ime costs during orange alert.
TOTAL AMOUNT OF TRANSACTION $ 76,878 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE State of Minnesota ACTNITY NUMBER 436-340$7
FINANCIAL INFORMATION (EXPWN)
S[ate Homeland SecuriTy, Part 2 Critica] Infiashuclure Grant budgetcr.gs.2004
r. •
QFI-'yql
Grant Contract #2000-9490
STATE OF MINNESOTA
GRANT CON'PRACT
This grant contcact is between the State of Minnesota, acting through its Commissioner of Public Safety Division of
Emereencv ManaQement 444 Cedar Street Suite 223 St Paul Minnesota 55101-6223 ("State") and City of St. Paul. 15
West Kelloeg Boulevazd St Paul MN 55102 ("Grautee").
Recitals
1 Under Minn_ Stat. § 299A.01 Subd 2(41 the State is empowered to enter into this grant contract.
2 Under Minn. Stat. § 12_22 the State is empowered to allocate and disburse fedecal aid made available through the
United States Department of Homeland Security, Office for pomestic Prepazedness.
3 Federal funds for this grant contract are provided from the U.S. Department of Homeland Security, Office for pomestic
Preparedness (ODP) Federal Fiscal Year 2003 State Homeland Security Grant Prog'un (SHSGP), Part II, Award
Number 2003-MLT-T3-0030 for critical infrastructure protection.
4 The State is in need of increased security and preparedness at critical infrastructure sites during periods of heightened
threat.
5 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: December 21. 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 tlus contract is fully executed and the
Grantee has been nofified by the State's Authorized Representarive to begin the work.
1.2 Ezpirarion date: Januarv 9. 2004, or until all obligations have been sarisfactorily fulfilled, whichever occurs first.
13 Survival of Terms. The follawing clauses survive the expiration or cancellation of this grant contract: 8. Liability;
9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
2 Grantee's Duties
The Grantee, who is not a state employee, will:
2.1 ('n�antee will perform services and tasks as submitted and approved by the State in the Grantee's Worksheet for
2003 Federal Homeland Security C,rant Program, Part 2 Critical Infrastructure Protecrion, Attachment A, which is
attached and incorporated into this grant contract
2.2 Grantee will comply with the following standards and requirements.
a. Federal Audit Requirements, labeled Attachment B, which is attached and incorporated into this grant contract.
b. Federal Assnraxices, labeled Attachment C, which is attached and incorporated into this grant contract.
c. For Grantee's receiving federal funds over $100,000.00, the Grantee must complete and return the Certification
Regarding Lobbying, labeted Attachment D, which is attached and incorporated into this grant contract.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the per£ormance of this
grant contract, time is of the essence.
Consideration and Payment
4.1 Consideration. The State will pay for all seivices performed by the Crrantee under this grant contract as follows:
(1) Compensation. The Grantee will be reimbursed not more than 76 878.00, in accordance with breakdown of
costs specified in Grantee's Worksheet for 2003 Federal Homeland Security Grant Program, Part 2 Critical
Infrastructure Protection, Attachment A, which is attached and incorporated into this grant contract. The
Grantee will submit a written change request for any substitution of approved budget category amounts in
2003 DAS ODP CI Part II (02/04)
1 ,
�����
Grant Contract #2000-9440
Attachment A. Change requests must be given in writing to the State's Authorized Representative and at least
60 days prior to the Expiration date of this grant contract. The State's Authorized Representative will notify
the C'rrantee's Authorized Representative in writing of the approval. Requests must be approved before any
expenditures can be made based upon the grantee's revised budget.
(2) Matching Requiremenu. (If Applicable.} Grantee certifies that the following matclung requirement, for the
gant contract, will be met by the Grantee: 0 000.00.
(3) Total Obligation. The totat obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $76.878.00.
4.2 Payment
(1) Invoices. The State will promptly pay the Grantee after the C,rurtee 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:
a. Grantee 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. Expendihu'es for each state fiscal year (July through June) of this grant contract must be for services
provided within applicable state fiscal year. Final invoice for services provided through June 3Q 2004
must be received by the State no later than July 31, 2004. Final invoice for services provided after July
1, 2004 tnust be received by the State no later than 30 days after the Expiration date of 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 Securitv Grant
Prograui CFDA number 97.004 of the Omnibus Ap�ronriations Act of 2003 Public Law 108-7. The Grantee
is responsible for compliance with all federal requirements imposed on these funds and accepts fixll financial
responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements.
5 CondiNons of Payment
All services provided by the Grantee under this graut contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Caantee 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 Boyd Rasmussen. Grants S�ecialist, 444 Cedar Street. Suite 223 St Paul
Minnesota 55101. 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. 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 Commander Joseph Neuberger. Citv of St. Paul. 367 Grove Street St
Paul, MN 55101. (6511266=5548. If the Grantee's Authorized Representative changes at any time during ttris
grant contract, the Grantee must imxnediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original gant contract, 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
2003 DHS ODP CI Part II (02/04)
�..
� r ��
Grant Contract #2000-9490
provision or its right to enforce it.
7.4 Grant Conhact 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 Liab�ity
The Grantee must indeinnify, save, and hold the State, its agenfs, and employees hamiless from any clauns or
causes of action, including attomey's fees incurred by the State, arising from the perfonuance of this gant contract
by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies
the Grantee may have for the State's failure to fulfill its obligations under this gant 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 aze sub}ect to examu�ation by the State andlor the State Auditor or
Legisla6ve Auditor, as appropriate, for a miuimum of six years from the end of tlus grant contract.
10 Government Data Pracrices
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 al] data created, collected,
received, stored, used, maintained, or dissetninated by the C'n under this gant 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 Crrantee must immediately notify
the State. The State will give the Grantee instructions conceming the release of the data to the requesting party
before the data is released.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat.§ 176181, subd. 2, pertaining to workers'
compensation insurance coverage. The ('n employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
claims made by any third party as a consequence of any act or omission on the part of these employees are in no
way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publiciry. 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 this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similaz pubiic notices prepazed by or for the Grantee individually or
j ointly with others, or any subcontractors, with respect to the prograzn, publications, or services provided
resulting from this grant contract.
12.2 Endorsement. The Grrantee must not claim that the State endorses its products or services.
13 Goveming Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Terminafion
14.1 Termination by the State. The State may cancel this grant contract at any tune, with or without cause, upon
30 days' written notice to the Grantee. Upon texminarion, the Grautee will be entitled to payment,
detennined on a pro rata basis, for services satisfactorily performed.
14.2 Terminarion for Insufficient Funding. The State may immediately temunate this grant contract if it does
2003 DHS ODP CI Part II (02/04)
,..
�-'�'��
Grant Contract #2000-9490
not obtain funding from the Minnesota I,egislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the seroices covered here. Temuuation must be by written or
fax notice to the Grantee. The State is not obligated to pay for any services that aze provided after notice and
effective date of temunation. However, the Grantee will be entitled to payment, detemuned on a pro rata basis,
for services satisfactorily performed to the extent that fuuds aze available. The State will not be assessed any
penalty if the grant contract is termuiated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds. The State must provide the Grantee notice of ihe lack of funding
within a reasonable time of the State receiving that notice.
15 Data Disclosure
Under Minn. Stat.§ 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tax iden6fication number, and/or Minnesota ta�c 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 enfozcement of fedetal and state taac laws which could resuit in
action requiiing the Grantee to file state tax returns and pay delinquent state ta�c liabili6es, if any, or pay other state
liabilities. ,
1. ENCUMBRANCE VERIF'ICATION 3. STATE AGENCY
Indivi�al cerdfies that funds have been erscumbered as
require 6yMinn. Stat §¢ 16A.15 and 16C.OS. By:
Signed: �
Date:
Grant Contract No.
2. GRANTEE
The Grantee cert:fies that the appropriate
have erecuted ihe grant contract on behal
required by applicable articles, bylaws, re
By: _
TiUe:
Date:
B _
T�r�e:
Date:
(wi[h dele�ated authority)
Title: ,
Date:
/ DisUibutlon:
DPS/FAS
Gtantee
�� � � / ^ � � r � , State's Authorized
S•�1
2003 DHS ODP CI Part II(02/04)
WORKSHEET FOR 2003 FEDERAL
HOMELAND SECURITY GRANT PROGRAM
PART 2 CRITfCAL 1NFRASTRUCTURE PROTECTION
►�
Local Unit of Government City of St. Paul
Contact Name Joseph Neuberger Title Commander Phone 651-266-5548
E-maii Address joe.neuberger@ci.stpaul.mn.us Fax Number
Address 367 Grove Street
City St. Paul County Ramsey State MN ZIP 55101
CRITICAL INFRASTRUCTURE SITEISI: (ASSETS PROTECTED)
St. Paul Police Headquarters, 367 Grove St., St. Paul, MtV 55101
Ramsey County Law Enforcement Center, 425 Grove St., St. Pauf, MN 55701
Hotman Airfield (Downtown St. Paul Airport), 644 Bayfield, St. Paul, MN 55107
The District Heat Plant, District Energy St. Paul, 76 Kellogg Boulevard W., St. Paul, MN 55102-1611
St. Paul Emer ency Communications Center/St Paul Fire 100 East 11`" St St Paul MN 55701
PROGRAM JUSTIFICATION NARRATIVE; Please justify tl�e increased cost with rega�ds to the Nigh"
Threat Advisory (orange a/eri) du�ing the time pe�iod of Decembe� 21, 2003 1200 hours to January 9,
2004 23:59 hours.
The St. PaW Police headquarters cnd the Ramsey County Law Enforcement Center required additional securffy as the two hubs
of law enforcement fa St. Paui and Ramsey County, Including criminal investigation, crtme lab, pafrol, anafgnment court
factlifies, and the East Metro Regtonai Training Center (firearms range). Holman field (Sf. Paul Downtown Airporf) required
addffional sNe security as fhe ff serves a number of corporaflons based in Minnesota a�d houses the Air Ndtfonal Guard,
Minnesota State Pafrol Aviafion Untt, and numerous media aircraff and air ambulance services. The Distrtct Heat Plant, Disfrict
Energy St. Paul, requlred addffional secur(ty as N provides space heating, water heatlng, and air-condfftoning to numerous
hospffals, the CNy of St. Paul and Ramsey County Courfhouse, the Federal Building, as well as the majorffy of downtown
busfnesses. The St. Paul Police Emergency CommunicaHons Center and the St. Paul Fire Department headquarfers requf�ed
additional security fo ensure radio and phone communicallons for police, fire, emergency medfcal services, and 9-1-7 calls
for emergency servkes and to ensure downtown fire suppressVon.
Claim Period: Decembe� 21
EMPLOYEE NAME
OVERTIME COSTS
:00 Noon to end of Oc
CALENDA # OT 07 AMOUNT - EMPLOYEE AMOUNT
R DATES HOURS HOURL (# OT HOURS x HOURLY SUBTOTAkS (if necessary)
WORKED Y__ WAGE)
ri1VUCKJVIV HLLtN I. 1"L28/03 8.0 42.90 343.20 686.40
ANDERSON, ANN 1/4/04 8.0 41.37 330.96 330.96
= = ;; . Pr.aj�er:ty. Qf,the �Iinnesota �Divisio�: of Homelant�• �ecurity.and Emergemcy 1V�anagement ::
pago A-1 =
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GREGORY L.
GREGORY L.
GREGORY L.
�. RANDY L.
�LEY, TIMOTHY R.
VN, KATHLEEN M.
VN, KATHLEEN M.
VN, KATHLEEN M.
OVSKY, PETER P.
OVSKY, PETER P.
IE, CHRISTOPHER M.
IE, CHRISTOPHER M.
ROM, STEVEN K.
'BELL, CRAIG D.
'BELL, CRAIG D.
SON, STEVEN L.
ER, GERALD A.
ER, GERALD A.
ER, GERALD A.
Eft, GERALD A.
:RY, LYNETTE M.
ELAND, KENT A.
:ORAN, JENNIFER L.
:ORA(V, JENNIFEFt L.
ABRAHAM T.
, PATRICK C.
;EE, CHAD L.
,EE, CHAD L.
;EE, CHAD L.
ING, WES D.
RUBY G.
V.
V.
F.
1/1/04
1/2/04
1/3/04
12129/0;
12/30/0;
1 /4/04
12/31/03
12/29l03
12/30/03
12/29/03
12l22/03
1/1/04
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431.68
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343.20
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266.77
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152.44
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413.70
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343.20
632.32
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343.20
330.96
429.00
713.60"
tKUMAN, TERRANCE D. 1/1/04 8.0 46.75 374.00 374.00
ERICKSON, THOMAS J. 12/23/03 8.0 44.60 356.80
., Property-of.th� 1�Iinnesota:3�ivisinn of I�'omeland ��eurity.anct-EmergencylVIana efnen� ,�,
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�. � =P.roperty�of the 1t�IinnesQta..�ivisian o€Homelan�-Security ani��Emerganc�:ManagemEnt .- : •.
"�agc t'�f•3
NILLIAM G.
_, JAMES D
SHEILA T.
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!G C.
MICHAEL
JOHN F
JT, JULIE
I, CORRI
I. CORRI
MURPHY, SHAWN P.
MURPHY, SHAWN P.
NELSON, CRAIG E.
NELSON, CRAIG E.
NEUBERGER,JOSEPHJ
O'BRIEN, MICHAEL J.
O'BRIEN, MICHAEL J.
OHARA, EVAN S.
OHARA, EVAN S.
OREILLY, KATHLEEN M.
OREILLY. KATHLEEN M_
12/28/03
12/27/03
12/22/03
12/23/03
12/24/03
12/26/03
1 /2/04
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374.00
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104.06
441.68
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992.88
360.22
367.04
883.36
674.55
514.60
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762.20
330.96
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VKI IL rru�rvclSC;U.1. 12/22/03 8.0 38.11 304.88 304.88
PAULOS, PAUL G. 12/25/03 7.0 53.96 377.72 377.72
PAU�SON, JUSTIN L. 12/22/03 4.0 38.11 152.44 152.44
_� ; Propert3i;of.thc 1VIinnesata Ilfvisioir af �bmeland Security .and: Eme�ge,ncy Mana ement.- :�- .
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�T, DAVID A.
�T, DAVID A.
HER, JOHN S.
IUSSEN , NICOLE
JEK, JOSEPH D.
Y, FELICIA D.
CE. KEVIN W.
PETER J.
PETER J.
PETER J.
/N M.
/N M.
/N M.
A, SAMUEL F.
A, SAMUEL F.
/ER, LAURA L.
/ER, MATTHEW
/ER, MATTHEW
Y, ROBERT A.
i, ERIC J.
'ALL, MONTE J.
N, LILA
N, LILA
MICHAEL E.
MICHAEL E.
JEFFREY C.
JEFFREY C.
JEFFREY C.
;EASA L.
12/30/0;
1/7/04
1/3/04
12/24/0:
12/21/03
12/24/03
12/31/03
1 /4/04
12/24/03
12/25/03
1?J27/03
12l21/13
12/22/03
12/24/03
12/30/03
12/31/03
12/23/03
1/4/04
1/5/04
12/27/03
12/28/03
12/29/03
1 /4/04
12/21/03
12l31/03
12/22iO3
12/26/03
12/27/03
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TOWNSEND, BRIAN P. 12l23/03 8.0 39.52 316.16
TOWNSEND, BRIAN P. 12/29/03 8.0 39.52 316.16 632.32
=- - Froperty of:#h�1Vlianesota Dzvision°of Homeland::Secur.ity and Emergency-Mana ement�_ ..._ .
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62/13/2004 11:28 6512665906
TOTAL OVERTIME GRANT REQUEST
Applicant Contact:
Print NamE
Signature:
PAGE 0� -��
S 76,877.64
Date: Z z 0
Property of the Minnesota Divisxon of Homeland Security and Emergency Mar�agenaent
1' P+- b
- ` +�
Grant Contract #2000-9490
FEDERAL AUDTT REQUIItEMENTS
1. For subrecinients that aze state or local �ovemments, non-profit organizations, or Indian tribes
ATTACHMENT B
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 or local govemment has, by 7anuary 1, 1987, a constitutional or statutory
requirement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits,
covering both years, if the govenunent so requests. It shall also honor requests for biennial audits by governments that
have an admnristrative policy calling for audits less frequent than annual, but only audits prior to 1987 or adinniistrative
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 Cireulaz A-110 "Requirements for Grants and
Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either
the entire organization or all federal funds of the organization.
The audit must detenuine 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 govemment auditor or a
public accountant who meets the independence standazds specified in the General Accounting Office's "Standazds for
Audit of Govenunental Organizations, Prograzi�s, Activities, and Functions."
3. 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 aceordance with the American Institute of Certified Public
Accounts' (AICPA) audit guide, "Audits of State and Local Goverrunemal Units," issued in 1986. The federal govermnent
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 planned and comments on the status of corrective action taken on prior
findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit
report.
4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by
the grantor shall have such access to grantee's records and fmancial statements as may be necessary for the grantor to
comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133.
Czrantees of federal fmancial assistance from subrecipients aze 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.
2003 DHS ODP Critical Infrastructure Part II (02/04) Page B-I
Oy-�RI
Grant Contract#2000-9490
7. The gantee agrees to retain documentation to support the schedule of federal assistance for at least four years.
8. Reauired audit renorts must be filed with the State Auditor's Offiee, Sin21e Audit Division. and with federal and
state aeencies nrovidinE federal assistance, within six months of the �rantee's 5sea1 vear end.
OMB Circular A-133 requires recipients of more than $300,OQ0 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 Sireet
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
The Depariment 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 Criucal Infrastructure Part II (02/04) Page B-2
�t-3tt
Grant Contract #2000-9490
ATTACHNIENT C
FEDERAL ASSURANCES
The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative
Requirements for Grants and Cooperative Agreements 28 CFK, Part 6b, 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 sixnilaz action has been duly adopted or
passed as an official act of the applicant's govcrniug body, authorizing the filing of the application, including all
understandings and assurazices 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 certain 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 gants
(5 USC 1501, et seq.).
4. It will comply with the uiinirnum wage and maximum hours provisions of the Federal Fair Labor Standards Act.
5. It wiil establish safeguazds 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, particulazly those with whom they have family,
business, or other ties.
6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the
right to examine all records, books, papers, or documents related to the gant.
7. It will comply with all requirements imposed by the Federal sponsoring agency conceming special requirements of law,
program requirements, 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 Environmental 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
Activities indicating that a facility to be used in the project is under consideration 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 Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2,
1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of
any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by
the Secretary of the Departsnent of Housing and Urban Development as an area having special flood hazards. The
phrase "Federal fmancial assistance" includes any form of loan, grant, guazanty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Aistoric 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 Historic Preservation Officer on the conduct of
Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic
2003 DHS ODP Critical Infrasuucture Part II (02/04) Page Gl
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Grant Contract #2000-9490
Places that aze 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
gantor agency to avoid or mitigate adverse effects upon such properties.
11. 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 7ustice and Delinquency
Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edifion of the Office of
Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws,
orders, circulazs, or regulations.
12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,
Admiiustrative Review Procedure; Part 20, Critninal Justice Informarion Systems; Part 22, Confidentiality of
Identifiable Research and Statistical Information; Part 23, Crunnial Intelligence Systems Opetating Policies; Part 30,
Intergovenunental Review of Department of Justice Programs and Activities; Part 42, Nondiscrunuiarion/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental
Policy Act; Part 63, Floodplain Management and Wefland 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-discrimniafion requirements of the Omnibus Crisne
Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims 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 ainended; 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 Departxnent of Justice regulations 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 fmding of discrimination after a
due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of
fixnds, the recipient will forward a copy of ihe fmding to the Office for Civil Rights, Office of Justice Programs.
15. It will provide an Equal Employment Opporhuiity Prograui if required to maintain one, where the application is for
$500,000 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 expendihue of most new Federal funds within the units of the Coastal Banier Resources
System.
2003 DHS ODP Cri6cal Infrasiructure Part II(02104) Page G2
V \ � \t
Grant Contract #2000-9490
CERTIFICATION REGARDING LOBBYING
For State of Minnesota Contracts and ('n�ants over $100,000
The undersigned certifies, to the best of his or her lmowledge and belief that:
ATTACFIMENT D
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of ihe undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a Member of Congess in connection with the awazding of any Federal contract,
the makiug of any Federal grant, the makiug of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federai 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 Federa] contract, grant, 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 of this certification be included in the award documents for all
subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
Tiris certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 13�2. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Organization Nat�
Natne and Title of Official
By:
Signature of fici
Date
forOrganization �(p .� ..�p,r 5 ;�J ��C.��E
2003 DHS ODP Critical Infrastructure Part II (02/04) Page D-1