05-1179Council File #
Green Sheet #
Presented By:
Referred To:
/s
Committee:Date:
1 BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul, Police Department,
2 to enter into the attached amendment to agreement #02-13613-G. A copy of said agreement is to be kept
3 on file and on record in the Office of Financial Services.
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RESOLUTION
CTTY O� SAINT PAUL, MINNESOTA
Absent
Requested by Department of:
� � � j � � Q � � � � I A�pybval Recommended by Financial Services:
Adopted by Council:Date: �PE¢.rn6-C.� �� c� d0� By: ��
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Adoprion Certified by Council Secretary: Form �pp •oved by City Atto�
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By: � � i/ ,' d BY�
Approv y Mayor:Date: ��- �� � ��proved by Mayor for Submission to Council:
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By:
OS• tl
3028876
Q:\FiscalWO&CR�200S2003 Homelantl Securiry Par12 Critical Infrastruci�(re (Macabbi Games) authorize grant agreement amentlment.cc2005.z1s
oS-1179
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Depar6nentlofficelcouncil: Date Inftiated:
PD — PoliceDepamnent ,�-NO�-0S Green Sheet NO: 3028876
Contact Person & Phone:
Deoartment Serh To Person InkiallDate
ChiefJOhnHartingtOn 0 oliceDe arOnent
26E5588 quj9n 1 oGce De ariment De arhnent Director
Must Be o0 CounCil /Lqenda by (Date): Number Z �o o• � Services ce FSnan 'sl rvi
Por �
RoUting 3 i Attoro Ci Attorne
Order 4 a or•s ce Ma r As 'stant
5 ouncil CS Co ncil
6 i 1 rk ' Clerk
7 olice De ar[ment Police D ariment
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Signatures on the attached councIl resolurion authorizing amendment to agreement #02-13613-G between the City of Saint Paul, Police
Department, and the Minnesota Deparunem of Public Safety.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes . No
3. Does this personffirm 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, Issues, Opportunity(Who, What, When, Whe�e, Why):
Agreement #02-13613-G is being amended to extend the 2003 Homeland Security Part 2 Critical Infrashucture Grant #2000-10548
through Apri130, 2006. (See attached).
AdvantageslfApproved: '
Extension of the grant funding available for critical infrastructure protection enhancements and operational overtkne costs associated
with critical infrastruchue protecrion.
DisadvantaqeslfApproved: 8 °."':^'�"
None.
��'i�" i `r""° . � ` , _
�EC 14 �0�5
Disadvantageslf NotApproved:
Inability to extend the 2003 Homeland Security Part 2 Critical Infrastruchue Grant #2000-10548 through April 30, 2006.
Total Amount of 2�000 CosURevenue BudgMed:
Transaction: � � � �
Fundinq source: State of Minnesota Activiry Number: 34098
Financial Infortnation: �Crc 1 `� 2ooJ
(ExPlain) ���� �������
vS 1179
AMENDMENT NO. 1 TO GRAN'T CONTT2ACT # 2000-10548
Original Contract Effective date: April 1 2005 Total Contract Amount: $25.000.00
Original Contract Expiration date: October 31. 2005 Original Conlract Amount: $25.000.00
Amended Contract Expirarion daYe: Apri130 2006 Previous Amendment(s) Total: $0.00
Current Amendment Amount: $ 0.00
This amendment is between the State of Minnesota, acting through its Commissioner of Public Safetv. Division
of Homeland Securitv and Emer�ency Mana�emen� 444 Cedar Stree� Suite 223 St. Paul Minnesota 55101-
6223 ("State") and Citv of St Paul 15 W Kelloe� Blvd. St Paul MN 55102 ("Grantee").
Recitals
1 The State has a grant contract with the Grantee identified as Grant Contract 2000-10548 for critical
infrastructure protection
2 The State and the Grantee have agreed that additional time is necessary for the satisfactory complefion of
this project.
3 The State and the Grantee aze willing to amend the Originat Grant Contract as stated below.
Grant Contract Amendment
In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined.
REVISION 1. Ciause 1, "Term of Grant Contract", Section 1.2, of the Original Grant Contract is amended as
follows:
1.2 Expiration date: o^'^'�� Anril 30, 2006, or until all obligations have been satisfactorily
fuliilled, w3iiclievei v�cuts first. Attachrueu4 r� of the ori�inal eranY contract now extends fo Aprii
30. 2006. �
REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Grant Amendment 02/04
AMENDMENT NO. 1 TO GRANT CONTRACT # 2000-10548
D �/!! �/
Except as amended herein, tl�e terms and conditions of the Original Cnant Contract and ali previous
ame�dments remain in full force and effect.
By execution of this amendment, the terms and conditions of the Original Grant Contract and all previous
amendments are expressly restated and reaffimied.
1. ENCLJMBRANCE VERIFTCATION
Individual certifies thnt funds have been encumbered as
required by Minn Stat ¢§ 16A.15 and 16C.05.
Signed:
Date:
Grant Comract No. 2000-10548
2. GRANPEE
The Grantee certifees that the appropriate person(sJ
have executed the grant contract on behaljof the Grantee ar
required by applicable articles, bylaws, resolutions, or ordinances.
B y -
Titl�
Dat�
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By
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By
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Distribution:
DPSlFAS
Gran[ee
State's Authoriud Representative
Grant Amendment 02104 2
3. STATE AGENCY
. G �� � ������- � a� i���
Grant Conlract #2000-10548
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the StaTe of Minnesota, acting through its Commissioner of Public Safef}�Division of
EmereencvManaeement 444 Cedaz Street Suite 223 St Paul Minnesota 55101-6223 ("State") and Citv of St. Paul. 15
W Kello�� Blvd St Paul MN 55102 ("Grantee").
Recitals
1 Under Minn. Stat. § 299A.01 Subd 2(4) the State is empowered to enter into this grant conh-act.
2 Under Minu. Sfat. § 12_22 the State is empowered to allocate and disburse federal aid made available through the
United States Deparhnent of Homeland Security, Office for pomestic Preparedness.
3 Federal funds for this grant contract aze provided from the U.S. Deparnnent of Homeland SecuriTy, Office for pomestic
Prepazedness (ODP) Federal Fiscal Yeaz 2003 State Homeland Security Grant Program (SHSGP), Part II, Awazd
Number 2003-MiJ-T3-0030 for critical infrastnicture protection.
4 The State is in need of increased security and preparedness at crirical 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
sarisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: April 1, 2005, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work_
12 Expiration date: October 31. 2005, or until all obligarions have been sarisfactorily fulfilled, whichevet occurs
fust.
13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant coniract: 8. Liability;
9. State Audits; 10. Government 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 Grantee will perform services and tasks as submitted and approved by the State in the Grantee's Worksheet for
2003 Federal Homeland Security Cnant Program, Part 2 Critical Infrastructure Protection, Attachment A, which is
attached and incorporated into this grant contract
22 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 Assurances, ]abeled 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 labeled Attachment D, which is attached and incorporated into this grant contract.
Time
The Grantee must comply with all the time requuements described in this grant contract. In the performance of this
grant contract, time is of the essence.
4 Consideration and Payment
4.1 Consideratian. The 5tate will pay for all services performed by the Grantee under this grant contract as follows:
(1) Compensation The Grantee will be reimbursed not more than $25.000.00, 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
2003 DHS ODP CI Part II (02/04)
p�-// 7 �
Grant Conuact #2000-10548
Grantee will submit a written change request for any substiturion of approved budget category amounts in
Attachment A. Change requests must be given in writing to the State's Authorized Representarive and at least
60 days prior to the Expirafion date of this grant conlract. The State's Authorized Representarive will nofify
the Grantee'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 Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the
grant contract, will be met by the C3rantee: $0,000.00.
(3) Tota1 Obligation. The total obiigation of the State for aIl compensarion and reimbursements to the ('jrantee
under this grant con�act will not exceed $25.000.00.
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. 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. Expenditures for each state fiscal yeaz (July through June) of this grant contract must be for services
provided within applicable state fiscal yeaz. Final invoice for services provided through June 30, 2005
must be received by the State no later than August I5, 2005. Final invoice for services provided after
Suly 1, 2005 must be received by the State no later than 45 days after the Expuation 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
ProQram CFDA number 97 004 of the Omnibus Appropriations Act of 2003, Public Law 108-7. The Grantee
is responsible for compliance with all federal requirements imposed on these funds and accepts full fmancial
responsibility for any requirements imposed by the Grantee's failure to comply with federal requuements.
5 Condi6ons of Payment
All seroices provided by the Grantee under this grant contract must be performed to the State's satisfac6on, 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 Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or locai law.
6 Authorized Representative
The State's Authorized Representative is Sharon Olson Grants Soecialist 444 Cedat 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 John Harrineton Chief City of St Paul 367 Grove Street, St. Paul,
MN 55101 (65 11 266-5 542. 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, executed and approved by
the same parties who executed and approved this grant wntract, or their successors in office.
72 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.
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Grant Conhact #2000-10548
73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete This grant contract contains all negoriations and agreements between the State and
the ('mntee. No other undersPanding regazding this grant contract, whether written or oral, may be used to
bind either party.
8 Liability
The (`rrantee must indemnify, save, and hold the State, its agents, and employees hazsnless from any claims or
causes of action, including attomey's fees incurred by the State arising from the performance of this grant 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 grant contract
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, iewrds, documents, and accounting procedures and
practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or
I,egislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
10 Government Data Practices
The Grantee and State must comply with the Minnesota Govemment Data Pracrices 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 refened 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 norify
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 Grantee's employees and agents wil( not be considered State employees.
Any claims that may azise under the Minnesota Workers' Compensafion Act on behalf of these employees and any
clauns made by any third pariy as a consequence of any act or omission on the part o£ these employees are in no
way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regarding the subject mattee 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 prepazed 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, 3urisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, govems this grant coniract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Terminaiion by the Stafe. 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 will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
2003 DHS ODP CI Part II (02/04)
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GrantContract#2000-10548
142 Termination for Insufficient Funding. The State may immediately terminate this gant contract if it does
not obtain funding from the Minnesota L,egislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. TemunaYion must be by written or
faz 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 entifled 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 norice of the lack of funding
within a reasonable tune 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 t� identification number, and(or Minnesota taY identification number, already provided
to the State, to federal and state ta� agencies and state personnel involved in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state tax laws which could result in
action requiring the Grantee to file state tax retums and pay delinquent state taz liabilities, if any, or pay other state
liabilities.
1.
Sig
Da
Gr
The Graniee certifies that the appropriate person(s)
have execu ed the grant conlract on behalf ojthe Graneee as
required �applicab[earticles, j�ylaws, resol�ons, orardinances.
�
Chief of Police
�
Titli
Date: � " � " �
3. STATE AGENCY
By:
(with del ated a�2thority)
Title: o�c S?a. �,
Date: �`�"d�J'
By:
Titl
ate
Y�
itle: Director, Financial Services �'1-J$-
a t e: p�� fQ � ' `�
D�stribu[ion: �
DPS/FAS
Grantee
State's Authorized Representative
2003 DHS ODP CI Part II (02/04)
2. GRANTEE
/
_ � � �i'���
05/31/2005� 13:44
: r*���
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6512665542
ST PAUL POLICE DEPT
WBRKSHEET FOR 2003 FEDERAL
HOMELAND SECURITY GRANT PROGRAM,
PART 2 CRRICAL INFRASTRUCTURE PROTECTION
V � � y
Local Unit of Govemme�t City of Saint Paul P D
ContactName Chief Harrinston TiUe_Chief Phone(651) 266-5588
E-m8il AddreSS � ohn,harri.ngton@ci. stpaul_mu.us Fax NUmbe� C651) 266-5542 I
Address 367 Grove Street '
Ci{ St. Pau1
CAUtt�+ Ramsey
State M� Z�p 55107.
CRITICAL 1NFRASTRUCTURE SITE(S): Macabbi. Games
AND/QR EVENTS PROTECTED
PROGRAM JUSTIFICA'tiON NARRATIVE_ Please justify fhe Overtime costs which are being requested:
, u pic even , wi e e n e in it es from .
Auguet 7 chrough August 11, 2005. These games are held in varous cities, several times a
year and aze a tzaditional high target population for atCack. The overtime f.unds wi11 be
used to provide eecux4ty at the siees'as well ae pzovide intelligence gathering abi,lity
aie'�n�l�hofew�iic�i' a iee� n p��mi�a u �aat�s, will be held. at muXtiple venues 9.0 the Twin Citi,ea
pVERTIME COSTS
Ciaim Period: Jul 1, 2005 —Au ust 31, 2005
ESTIMATED NUMBER OF OVERT{ME AVERAGE OVERTIME {1{ViOIlNT i2EQUESTED
HDURS RATE (ES'17p0ATED NO. OF OT HOURS X
AVERAGE OT RATE
�zpproxamate7.y 454, $55 25,000
TOTAL
Print Name: �_Jonn
Signature:
05��//� �
Cirant Contract #2000-10389
FEDERAL AUDTT REQUIREMENTS
l. For subrecipients that are state or local eovernments non-profit or2an'vations. or Indian tribes
ATTACHNIENT B
If the grantee expends total federal assistance of $SOQ000 or more per yeaz, 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 govemment has, by 7anuary l, 1987, a constitutional or statutory
requuement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits,
covering both yeazs, 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 subrecipients that aze institurions of hi�,her education or hosoitals
If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain
a fmancial and compliance audit made in accordance with OMB Circular A-110 "Requuements 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 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 Govemmental Organizations, Programs, Activities, and Functions."
3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-
I 10 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 govemment
has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report,
including a plan for corrective 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 tttat 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 financial statements as may be necessary for the grantor to
comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133.
Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB
Circular A-133.
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
2003 DHS ODP Critical Infrastructure Part II (02l04) Page B-1
� .- a�-//�9
GrantConuact#2000-10389
7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years.
8. Required audit reports must be filed rvith the Stafe Auditor's Office Sinele Audit Division and with federal and
state aeencies orovidin¢ federal assistance within sig months of the ¢rantee's fiscal year end.
OMB CircuIaz A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report
within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East lOth Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedaz Street
Suite 126, Town Squaze
St. Paul, MN 55101-5126
2003 DAS ODP Critical InfrasWcture Part II (02/04) Page B-2
l
FEDERAI.ASSURANCES
OS-//� 1
Grant Contract#2000-10389
ATTACHIVIENT C
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 Cooperarive Agreements 28 CFR, Part 66, Common rule, that govem the application,
acceptance and use of Federal funds for this federally-assisted project. ALso the Applicant assures and certifies that:
1. It possesses legal authority to apply for the �ant; that a resolution, motion or similaz action has been duly adopted or
passed as an official act of the applicant's goveming body, authorizing the filing of the applicazion, including all
understandings and assurances contained therein, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide such addirional 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 government whose principal employment is in connection with an activity financed in whole or in part by Federal grants
(5 USC 1501, et seq.).
4. It will comply with the minunum wage and masimum hours provisions of the Federal Fair Labor Standards Act.
5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance
of being motivated by a desire for private gain for themselves or others, 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
zight to examine all records, books, papers, or documents related to the grant.
7. Zt will comply with all requirements imposed by the Federal sponsoring agency concerning 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 aze not listed on the Environmental Protection Agenc�s (EPA) list of Violating Facilities and that it will
notify the Federal grantor agency of the receipt of any communication from the D'uector of the EPA Offtce of Federal
ActiviUes indicating that a facility to be used in the project is under consideration for listing by the EPA.
9. It wilt comply with the flood insurance puzchase requirements of Secfion 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,
1475, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of
any Federal fmancial assistance for construction or acquisition purposes for use in any azea that has been identified by
the Secretary of the Deparhnent of Housing and Urban Development as an azea having special flood hazards. The
phrase "Federal financial assistance" includes any form of loan, grant, guaranty, 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 Historic Preservation Act of
1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of
1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of
Investigations, as necessary, fo identify properties listed in or eligible for inclusion in the National Register of Historic
Places that are subject to adverse effecTs (see 36 CFR Part 800.8) by the aCcivity, and notifying the Federal grantor
2003 DHS ODP Critical Infrastrucmre Part II(OZ/04) Page G 1
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Grant Conhad #2000-10389
agency of the e�stence of any such properties and by (b) complying with all requirements established by the Federal
grantor agency to avoid or mitigate adverse effects upon such properfies.
11. It will comply, and assure the compliance of all its sub-grantees and contractors, with the applicable provisions of Title
I of the Ommbus Crime Control and Safe Streets Act of 1968, as amended, the 7uvenile 7usrice and Delinquency
Prevention Act, or the V ictims of Crime Act, as appropriate; the provisions of the current edirion of the Office of
Justice Programs Financial and Adminislrative Guide for Grants, M71001; and all other applicable Federal ]aws,
orders, cuculars, or regulations.
12. It will comply with the provisions of 28 CFR applicable to gants and cooperative agreements including Part 18,
Administrative Review Procedure; Part Z0, Criminal Justice Information Systems; Part 22, Confidentiality of
Identifiable Reseazch and Staristical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Tntergovemmental Review of Department of Justice Programs and Activities; Part 42, NondiscruninationlEqual
Empioyment Opportuniry Policies and Procedures; Part 61, Procedures for Implementing the Narional Environmental
Policy Act; Part 63, Floodplain Management and Wetiand Protection Procedures; and Federal laws or regulations
applicable to Federal Assistance Programs.
13. It will comply, and all its contractors will comply, with the non-discrimination requuements of the Omnibus Crime
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 o£ 1973, as amended; Subtitle
A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the
Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts
C,D,E, and G; and Department of Justice regularions on disabiliTy discrimination, 28 CFR Part 35 and Part 39.
14. In the event a Federai or State court or Federal or State administrative agency makes a finding of discrimination after a
due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of
funds, the recipient will forwazd a copy of the fmding to the Office for Civil Rights, Office of 7ustice Prograzns.
1 i It will provide an Equal Employment Opportunity Program 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 expenditure of most new Federal funds within the units of the Coastal Barrier
Resources System.
20Q3 DHS ODP Critical Infrastructure Part IT (02/04) Page G2
05-//��
Grant Contract #2000-10389
ATTACHll4ENT D
CERTIF'ICATION REGARDING LOBBYING
For State ofMinnesota Contracts and Grants over $100,000
The undersigned certifies, to the best of his or her knowledge 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 agency, a member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an ofFicer or employee of any agency, A Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in
accordance with its instrucrions.
(3) The undersigned shall requue that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and wntracts 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.
Organization Name
Name and Title of Official Signing for Organization
Signature of Official
Date
2003 DHS ODP Catical Infrastructure Part II(02/04) Page D-1