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04-905.; Presentetl By: RESOLUTION OF SAINT PAUL, MINNESOTA Council File # Green Sheet # Referzed To: Committee: Date 1 2 3 a 5 s � s 9 10 11 12 13 14 is 16 17 18 �s 20 21 22 23 2a 25 2s 27 28 2s 30 31 WHEREAS, the Department of Fire and Safety Services has received a grant of $3,000.00 from the State of Minnesota for the 2004 Hazardous Materials Emergency Preparedness Grant to be used to pay for costs associated with the Emergency Operations Center (EOC) Orientation Exercise held at the Saint Paul Police Department, and W HEREAS, the City of Saint Paul is required to pay a 25°fo matching Fund contribution of $750.00, and WHEREAS, a 2004 financing and spending plan needs to be established for this grant, and W HEREAS, the Mayor, pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $3,000.00 in excess of those estimated in the 2004 budget; and W HEREAS, the Mayor recommends that the following addition be made to the 2004 budget: � Current FINANCING PLAN: Budget Change 510 Fire Responsive Services 35202 - HMEP Exercise Grant 3199 - Other Fed Dir Grants - State - 3,000.00 - 3,000.00 o y - 9oS 3022065 Revised Budget 3,000.00 3,000.00 SPENDING PLAN: 510 Fire Responsive Services 35202 - HMEP Exercise Grant 0367 - Training/Instructiona� Supplies - 3,000.00 3,000.00 AIIOtherActivitySpending - - - - 3,000.00 3,000.00 THEREFORE, BE IT RESOLVED, that the City Council accepts this grant, authorizes the City of Saint Paul to enter into, and Chief Douglas Holton to implement the attached agreement, which includes an indemnification clause, and approves the changes to the 2004 budget. 39 � � ,-� o�{- 9bs � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � pepartrnenUoffice/council: Date Initiated: FR �� �-A�� Green Sheet NO: 3022065 DeuartmeM SeM To Person Ini aVDate CoMact Person & Phone: � S, � rm B�ne� 0 �re ���� Assign 1 �re Must Be on Council Agenda by (Date): Number Z manci Servic D nt Di r � v Routing 3 i Atto Order 4 r' f6ce o/ 'sfa t 5 onncil 6 i r e k Total # of Signature Pages _(Clip NI Locations for Signature) � Action Requested: Approval of the attached Council Resolu6on authorizing the Ciry of Saint Paul to accept a gant of $3,000.00 from the State of Minnesota for the Hazardous Materials Emergency Prepazedness Cmnt. Also, the fmancing and spending plans need to be set up in the Fire Responsive Services Fund. Recommendations: Approve (A) or Reject (R): Personal Service Coniracts Musi Mswer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this departrnenY? CIB Committee Yes No Civii Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportuniiy (Who, Wfiat, When, Where, Why): The State of Minuesota has awazded the City of Saint Paul a grant of $3,000.00 to offset the costs associated with an Emergency Operations Center (EOC) orientation exercise. This exercise will familiarize emergency response officials with the functions and operations of the City's new Emergency Operations Center. The graat requires the City to pay a 25% matching fund contribution of $750.00. AdvantapeslfApproved: The City of Saint Paul will have the ability to receive money to help offset the costs associated with the EOC orientation exercise. Disadvantages If Approved: None. Disadvantages If Not Approved: � Lost opporh�uity to obtain funds to offset the costs associated with the EOC arientation exercise. iotal Amount of 3000 CosilRevenue Budgeted: y Transaction: FundinA source: 510 - Fire Responsive .4ctivitv Numder: 35202 - 2004 HMEP Exercise Grant Financiallnformation: $eNICeS (Explain) State Share $3,000.00 ������ ���'"�� City Shaze $ 750.00 ' SEP �. � 2004: o�l - 9os Contract # 2000-9923 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. Division of Homeland Security and Emereencv ManaQement. 444 Cedar Street. Suite 223. St. Paul. Minnesota 55101-6223 ("State") and Citv of St. Paui. Department of Fire and Safetv Services, 100 East Eleventh Street, St. Paul, MN 55101 ("Grantee"). Recitals 1. Under Miun. Stat. §299A.01. Subd. 2(4) the State is empowered to enter into this grant. 2. Under Minn. Stat. § 12_22 the State is empowered to allocate and disburse federal aid made available through the United States Department of Transportation. 3. The purpose of the Hazazdous Materials Emergency Preparedness (HIVIEP) Grant Progrun, Award Number HMEMN3049110, is to reimburse expenses of organizations and local units of govemment associated with the start-up, improvement and implementation of local planning advisory committees, the exercising of emergency response plans, hazardous materials training, and conferences relating to hazardous materials planning and response. 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1. Term of Grant Contract 1.1. Effective date: August 20, 2004, or the date the State obtains all requized 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 notified by the State's Authorized Representative to begin the work. 1.2. Expiration date: Sentember 30, 2004, or until all obligations have been satisfactorily fixlfilled, whichever occurs first. 1.3. Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 4. State Audits; 10. Federal Audits; 11. Government Data Practices; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue, and, 16. Data Disclosure. 2. Grantee's Duties The Grantee, who is not a state employee, shall perform the services and tasks for a/an exercise, as submitted and approved by the State in Grantee's grant application, which is hereby incorporated by reference, labeled Attachment A, and made a part of this grant contract. 2.1 Reports and Documents Required from tl:e Grai:tee (1) Planitiug Arlvisory Committee Prngress Repnrt. If the grant contract is for the start-up, improvement or implementation of a plaiming advisory committee, a progress report will be submitted to the Division of Homeland Security and Emergency Management with each request for payxnent, and will describe the performance of, or accomplishment of, objectives/activities stated in the Grantee's grant application. (2) Exercise Evaluation ReporG Tf the grant contract is for the exercising of emergency response pians, an evaluation report based on the Federal Hazazdous Materials Exercise Evaluation Methodology must be submitted to the Division of Homeland Security and Emergency Management with each request for payment. (3) Conference Evaluation Repor� If the grant contract is for a conference relating to hazardous materials planning and/ar response, a conference evaluation report wiil be submitted to the Division of Homeland Security and Emergency Management with each request for payment, and will FFY2004 HMEP grant 10/03 Page 1 ��--9�5 Conttact # 2000-9923 describe the performance of, or accomplishment of, objectives/activities stated in the Grantee's grant application. q; (4) Financial Reporting. To obtain financial information concerning the use of federal funds, the Hazardous Materials Transportarion Act reguires that recipients of these funds submit rimely financial documents for review. Documentation may follow Grantee's normal accounting procedures, but must show and document work completed as speci5ed in the grant applicarion. The Grantee also agrees to keep records that support these expenses and make these records available upon request by the State. Financial reports will be submitted with each invoice. 2.2 This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: (1) Certification of Compliance with Government-wide Guidance on Lobbying Restrictions (31 U.S.C. 1352), which is hereby incorporated by reference, labeled Attachment C, and made a part of this grant contract. (2) Assurance of Compliance With Titie VI of the Civil Rights Act of 1964, which is hereby incorporated by reference, labeled Attachment D, and made a part of this grant contract. (3) Certification Regazding Debarment, Suspension, and Other Responsibility Matters (49 CFR Part 29), which is hereby incorporated by reference, labeled Attachment E, and made a part of this grant contract. 3. Time The Grantee must comply with all the time requirements described in this gant contract. In the performance of this grant contract, time is of the essence. 4. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (i ) Compensation. Compensation shall not exceed 3 000.00, and shall Ue in compliance with itemized categories approved by the State in Grantee's grant application. If additional Hazardous Materials Emergency Prepatedness (HMEP) £unds become available and/or are reallocated to the State during the federal fiscal yeaz, the State may increase the Grantee's grant reimbursement under this grant contract by encumbrance. This shall be done using the Grant Adjustment Notice Re-obligation form; a sample of this form is attached to this contract. Any additional funds will be governed by this grant contract and any amendments to this grant contract. (2) Matching Requiremenis. Grantee certifies that the following matching requirement for the grant wili be met by Grantee: 750.00. (3) Total Obligation. The total obligation of the State for ali compensation and reimbursements to the Grantee under this grant contract will not exceed 3 000.00. 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 services. Invoices must be submitted timely and according to the following schedule: a. Final invoice must be received within 30 days of the Ex�iration date of this erant contract Expenditures for each state fiscal veaz of this grant contract must be for services verformed within apolicable state fiscaiyears. Every state fiscal vear be2ins on Julv 1 and ends on June 30 (2) Federal Funds. Payments are to be made from federal funds obtained by the State through the Pederal Hazazdous Material Transportation Law 49 U.S.C. 5ection 5101 et. seq. and amendments FFY2004 HMEP grant 10/03 Page 2 . . ���� ��� Connact # 2000-9923 thereto. CFDA # 20.703. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5. Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representarive 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 violarion of federal, state, or local law. 6. Authorized Representative The State's Authorized Representative is Kristen Sailer. Grants Snecialist, Division ofHomeland Securitv and Emereencv Manaeement. 444 Cedar St., Suite 223. St. Paul MN 55101-6223. phone f651) 215-6939 or 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 wil] certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Tim Butler• Chief oF Emereencv Manaeement, Citv of St. Paul, Denartment of Fire and Safety Services 100 East Eleventh Street St. Paul MN 55101 phone L511228- 6215 or his/her successor. 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 obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, execute,d 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 effecrive until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, azising from the performance of this grant contract 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 AudiCs Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10. �ederal Audits FFY2004 HMEP gant 70/03 Page 3 � ������� Contract 112000A923 Thc Grantee will comply with the Single Audit Act of 1984 (Public Law 98-502) and Office of Management and Budget Circular A- 133, Federal Audit Requirements, which is a�tached and incorporated by reference and made a part of this grant contract. See Attachment B. 11. Government Data Practices The Grantee and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it appiies 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 civii 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 refened to in this Clause, the Grantee must immediately norify the State. The State will give the Csrantee instructions conceming the release of the data to the requesting party before the data is released. 12. Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensarion insurance coverage. The Grantee's employees and agents wi11 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 aze in no way the State's obligation or responsibility. 13. Publicity and Endorsement 13.1 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 this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepazed by or for the Grantee individually or jointiy with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 13.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 14. Governing 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, inust be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination 15.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee wili be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 15.2 Termination for IKSUfficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legisiature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Terminarion must be by written or faY notice 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 satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the iack of funding within a reasonable time of the State receiving FFY2004 HMEP gant 10f03 Page 4 ��r ��� Contract# 2�00-9923 that notice. 16. Data Disclosure Under Miun. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer t� idenrificarion number, andlor Minnesota tax identification number, akeady provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in acrion requiring the Grantee to file state tax rehirns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION Individua! cen fes [hatfunds hrsve been encumbered ns required 6y Minn. Stot §§ 76A.15 and 76C.OS. Signed: Date: Grant Contract No. 2000-9 23 2. GRANTEE The Grantee certifieslhat the appropriate person(s) have ezecuted the grant coniract on behalJof the Grantee as reguired Gy npplicnGle anicles, Gylnws, rualntions, or ordinm�res. By: Title: Date: � Title: Date: 3. STATE AGENCY By: (with delegated authority) TiUe: Date: DistribuHon: DPS-FAS Gantee HSEM FFY2004 HbIEP gant ]0/03 Page 5 ������ ATTACHMENT A MTNNESOTA DEPARTMENT OF PiJBLTC SAFETY Mionesota Public Sefety DIVISION OF HOMELAND SECURITY AND HSEM �MERGENCY MANAGEMENT 444 CEDAR STREET, SUITE 223 Homefand Security ST. PAUL, MINNESOTA 55101-6223 Emergency Mauagement PHONE: (651) 296-2233 FAX: (651) 296-0459 � ' Organization/Agency Name:* City of Saint Paul — Department of Fire and Safety Services Organization Address: 100 East Eleventh Street City: Saint Paul * Organization/agency must be eligible to receive federal grant monies. Who is the contact person? Name: Tun Butler Grant Application for an Exercise State: MN ZIP: 55101 Title: Chief of Emergency Management Mailing Address: 100 East Eleventh Street City: Saint Paul State: MN ZIP: 55101 Phone: (651) 228-6215 Fax: (651) 228-6255 E-mail: tun.butler@ci.stpaul.mn.us Who is the local emergency management director? Name: Dave Pleasants Title: Assistant Fire Chief Mailing Address: 100 East Bleventh Street City: Saint Paul Phone: (651) 228-6210 Local State: MN ZIP: 55101 Director Notified of Exercise? Yes XX No Page A-I DESCRIBE YOUR EXERCISE: , J c" p •-• E � 6,� � LOCATION, DATE, TIME The exercise will be held on August 24, 2004 at Saint Paul's new EOC facility in the Griffin Building, located at 367 Grove Street in Saint Paul. The tabletop exercise — the first in a planned series of exercises, will begin at 0830 and end at 1230 that day. Page A-2 The evaluation of the exercise must be based on the Federal Hazardous Materials Exercise Evaluation Methodology or a similar metliodology approved by tlie Regional Program Coordinator. ���� fi��� LIST LOCAL AGENCIES INVOLVED IN EXERCISE: NAME DISCIPLINE Every Saint Paul Division and Department All public safety and public service disciplines Mayor's Office — City of Saint Paul Chief Elected Official Ramsey County EMHS County Emergency Management Office American Red Cross & Salvarion Army VOAD Ramsey County 5herifPs Office County Sheriff Saint Paul Regional Water Services Regional utility provider MN ASEM State liaison & emergency management coordination Ramsey County Pubiic Health Public Health Regions Hospital Hospital and medical direction functions Piease check if a Regional Aazardous Materials Teara is involved in your exercise? _XX_Yes No Please explain why you chose to involve a team or why you chose not to involve a team in your exercise• The Saint Paul Fire DepartmenYs Hazardous Materials Team not only provides statewide response capability, but is the primary I3AZMAT response for the City of Saint Paul. As Saint Paul's primary HAZMAT responders, the team will be included in this exercise, as they would have a leading role in an actual event being simulated during the tabletop exercise. Page A-3 (_%�..��� BUDGET (�'or documentation purposes, please list all costs*) Expense Category Number Hours/$ Per Hour Cost PERSONNEL (Straight time only) (List by organizationldepartmentj City of Saint Paul (All departments) 46 4 hrs x$25/hr $4,600 Ramsey County (Sheriff, EMHS, Health) 6 4 hrs x$25/hr $ 600 VOAD representatives (SA & AMR) 3 4 hrs x$20/hr $ 240 St. Paul Regional Water Services 2 4 hrs x$25/hr $ 200 State ofMinnesota 2 4 hrs x$25/hr $ 200 Regions Hospital (HealthPartners) 2 4 hrs x 25lhr $ 200 Support Staff from Police & Fire Dept. 8 2 hrs x$20/hr $ 320 VOLUNTEER PERSONN�L (for docu- 1 41us x$20/hr $ 80 mentation purposes, please assign a value to these hours) Travel Rental - Oftice Supplies $1,900.50 Mailing Meeting Expenses $ 150.00 Food $ 431.25 Refreshments $ 76.00 Consumable Equipment $ 100.00 Other SUB-TOTAL $9,097.75 LESS FUNDS REC�IVED/EXPECTED FROM OTHER SOURCES ($6,097.75) TOTAL $3,000.00 °uranc may noc cover au costs. Page A-4 �� �: � �=� � � Con�act # 2000-9923 ATTACHMENT B FEDERAI, AUDIT REQUIREMENTS For subrecipients that are state or local governments non�profit orQanizations 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 yeaz in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the govemment 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, 1987. For subreciuients that are institutions of higher 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 Circulaz A-110 "Requirements for Grants and An eements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organizarion 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 public accountant who meets the independence standazds specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB 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 Govemmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or pianned 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 g�antor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Singie Audit Act Amendments of 1996 and OMB Circulaz A-133. 5. Grantees of federal financiai 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. Page B-i (� �� � � �, J ' Cornract # 2000-9923 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. � Bureau of the Census Data Prepazation Division 1201 East lOth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Deparhnent 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 Squaze St. Paul, MN 55101-5126 Page B-2 OMB Circular A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: �, ��4 � �� �} Contract# 2000-9923 ATTACHMENT C Anri-Lobbying Certification CERTIFiCATION REGARDING LOBBYING The undersigned certifies, to the best of his or her lmowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any ngcncy, a member of Congress, an officer or employee of Congress, or an employee of a MemUer of Congress in connection with the awazding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entezing into of any cooperative ageement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federa] appropriated funds have been paid or will be paid to any person for influencing oz attempting to influence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standazd Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned shali require that the language of this certification be included in the award documents for al] subawards at a11 tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. 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. Citv of St. Paul. Denartment of Fire and Safety Services Name and Title of Authorized Representative for Organization Signature of Authorized Representative Date Page C-1 � ,�-����- �`' � ✓ � '' Contract # 2000-9923 ATTACHMENT D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter refened to as the "contractor" agrees as follows: i. Comnliance with ReQUlations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter refened to as the Regulations), which aze herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriininate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontracts, Includin� Procurement of Materials and Equinment: In all solicitations either by competirive bidding or negotiation made by the contractor for work to be perforxned under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Tnformation and Reports: The contractor shali provide ail information and reports required by the Regulations or direcrives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State of Minnesota or the Research and Special Programs Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. VJhere any information required of a contractor is in the exclusive possession of another who fails or refuses to fumish tlus information the contractor shall so certify to the State of Minnesota or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncomnliance: In the event of the contractor's noncompliance with nondiscrimination proviSions of this contract, the State of Minnesota shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract unril the contractor complies; and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. Page D-1 ������ Contcact # 2000-9923 6. Incorooration of Provisions: The contractor shall include the provisions of pazagraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action witli respect to any subcontract or procurement as the State of Minnesota or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State of Minnesota to enter into such litigation to protect the interests of the State of Minnesota, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page D-2 � `3' ° � � � Con¢act # 2000-9923 ATTACHMENT E Debazment and Suspension Certification CERTIFICATION REGARDING DEBARMENT, SUSPENSION, ANI? OTHER RESPONSIBII,ITY MATTERS The prospective participant certifies to the best of its lrnowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by any Federal departrnent or agency; (b) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transacrion; or violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen properiy; (c) Are not presently indicted for or otherwise criminally or civilly charged by a govemment entity (Federal, State, or local) with commission of any of the offenses enumerated in pazagraph (b) of this certification; and (d) Have not within a 3-year period preceding this application or proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or temunation of the awazd. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment of up to 5 years, or both. Type Name and Title of Authorized Representative Signature of Authorized Representarive Date Page E—i � � � � � � Contract # 2000-9923 STATE OF MIiVNESOTA, DEPARTMENT OF PUBLIC SAFETY Division of Homeland Security and Emergency Management - 444 Cedar Street, Suite 223 St Paul, Minnesota 55101-6223 HAZARDOUS MATERIALS ENIERGENCY PREPAREDNESS (HMEP) GRANT REOBLIGATION FORM GRANT PERIOD August Z0, 2004 — September 30, 2004 SECTION T - APPLICANT INFORMATION Tim Butler, Chief of Emergency Management City of St. Paul, Department of Fire and Safety Services 100 East Eleventh Street St. Paul, MN 55101 �SECTIOI�I II -'GRANT AWARD'�DJIJS�'1VIEPItI' REOBLIGA�ION. GRANT AWARD AMOUNT: $ REOBLIGATION AMOLTNT: $ TOTAL GRANT AWARD AMOUNT: $