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05-164OS-!b� � Green Sheet Grsen Sheet _ Green �Sheet Green Sheet Green Sheet Green Sheef `, � �� FR — Frze Corrtact Person & Phone: Chief Douglas p. Hotton 2zz-oan Must Be on Council Aaen Aate lnitiated: �.,,�-05 � Assign Number For Routing Order Tota1 # of Signature Pages _(Clip AI{ LocatiofK for Signature} Green Sheet NO: 3025065 0 1 2 3 4 5 6 Denartment nci 1 e 'ces OffceFnancia{Servi � ' Atto e r's ice a o/ ista t uncit �� Ci ouncil ., i erk � 1 rk Approvai of the attached Council.Reso]ution authorizing ffie Departmeut of Fire and Safety Services to set up the fmancing and spending plans for 2004 State Homeland Security Grant Program. The Depaztment of Fire and Safety Services was given approval in Council Resolution 04-ll 53 to apply for this grant. Recommendafions: Approve (A) or Rejed (R):' Pianning Commission CIBCommi{tee . Civil Service Commission - Personal Service Contracts Must Mswer the Following 1. Has this person/firm ever worked under a conUact for this departrnent? Yes No 2. Has this pe[saMfirtn ever been a ciry employee? � Yes No 3. Does this gerson/firm possess a skill not normaily possessed by any curcent city employee? Yes No Explai� ali yes answers on separate sheet and atWch to green sheet Initiating Problem,.issues,�Opportunity(Who, What, Whe�, Where; Why): . � The State of Minnesota has awazded the Ciry of Saint Yaul $99,99932 to receive hainnig and purchase equipment to enhance our ability to respond to CBRNE events to include weapons of mass destrucrion and collapse structure incidents. Aclvantages It Approved: � The Department of Fire and Safery Services will have the ability to receive training and purchase equipment to enhance our response to CBRNE terrorist events to include weapons of mass destcucrion and collapse stcuchue incidents. Disadvantages If Approved: None. C+�t� �e@��2'Gh ( APr �.�,: �� FEB 0 9 2005 Disadvantages If Not Approved: • Lost oppornwity to obtain funds to receive training and purchase equipmerrt to enhance our response to CBRNE terrorist everns to include weapons of mass desuuction and collapse structure incidents. rorai nmounc ot .99999.32 Transaction: Punains� source: Grant Financiai Information: (ExPlain) CosURevenue Budgeted: y Accivity Number: 510-35203 (ProjeCt 50712} ����� "Y�� ��� �1 � ��u`' � � � RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Council File � G�l-1153 GreenSheet# 3024052 os-�6� 33 Referted To: Commit[ee: Date � z 3 4 s s � s s �o ii �z 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Adopted by Council: Date �¢ �m� b�- Adoption Certified by Councii Secretary: By: ApprovedJS�/Iylayor: Date WHEREAS, the Department of �ire and Safety Services has applied for and received the attached 2004 Homeland Security Grant for $100,000.00 from the State of Minnesota to enhance the City of Saint Paui's respo�se to CBRNE terrorist events to include weapons of mass destruction and coliapse structure incidents, and WHEREAS, the funding wiil be used to train personnel to the Collapse Structure Rescue Technician level which incfudes tuition, travel, room and board, backfiit7overtime and equipment expended during the training, and NOW THEREFORE, BE IT RESOLVEO, that the City Council accepts this grant, authorizes the City of Saint Paul to enter into, and directs Chief Douglas A. Hoiton to implement the attached agreement, which includes an indemnification clause. Requested by Department of: ' e � Safe Services B : � � //� . Approval Recommended by Director of Financial Services: � Forgt apQ� ed by City Attomey: By: ! t dbpro by Mayorfor ub issi to i �? � / g /l/'�f�'.r�iLi // � STATE OF NIINNESOTA GRANT CONZRACT os - ��� Cmut Contract #2000-9997 Tlris grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv Division of Homeland Security and Emereencv Mana¢Pment qqq Cedar Street Suite 223 St Paui Minnesota 55101 ("State") and Crtv of St Paul 15 W KellogE Blvd St Paul MI3 55102 ("Grantee"). Recitals 1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2(41 the State is empowered to allocate and disburse federal aid made available through the Depaztment of Homeland Security and is empowered to enter into this grant contract. Z The State is in need of the distn'bution of federal funds to eligi'ble grant recipients pertaining to the 2004 Homeland Security Gzant Program, Awazd Number 2004-GE-T4-0028, to purchase equipment for protecting first responders and s[rengthen texrorism response capabilities by providing funding for exercises, h plauning and organizational activities. 3 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract . 1.1 Effecrive date: November I. 2004 or the date the Slate obtains a11 required signahues 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 esecuted and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: November 30. 2005 or until all obligafions have been sarisfactorily fulfilled, whichever occurs first. 1.3.Survival of Terms. The following clauses survive the expirafion or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices; 12. Publicity and Bndorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15. Data Disciosure: Grantee's Duties The Grantee, who is not a state employee, will: 2•1 Perform the work in the Grantee's 2004 State Homeland Security Grant Progam Application, Attachment A, which is attached and incotporated into this grant contract. Approved equipment, exercise, training, planning, and/or management and administration costs identified in Attachment A were approved from the 2004 State Homeland Security Grant Program Guidelines incorporated into this grant contract by reference. 2.2 Comply with all program guidelines specified in the 2004 State Homeland Security Program Grant Application Packet provided to the Grantee by the Sfate, and will comply with the standards and requirements attached and incorporated into this grant contract. These additional standazds and requirements are the following: a. Federal Audit Requirements, labeled Attachment B, which is attached and incotporated into this grant contract. b. Federal Assurances, labeled Attachment C, which is attached and incorporated into this gant contract. c. Grantees receiving $100,000.00 or more must complete and retum the Certification Regarding Lobbying form, labeled Attachment D, which is attached and incorporated into this grant contract. 23 Funds approved under this grant conh shall be used to supplement, and shall not be used to supplant, non- federal funds dedicated to trus effort. The Grantee may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 2.4 Provide all necessary traitung to their employees conceming the use of equipment purchased through this grant contract, and shall not permit the equipment to be tampered with or operated by individuals who aze not properly trained. 2.5 Assume total responsibility of the proper handling, use, and maintenance of the equipment and beaz all costs of maintenance, repair andlor replacement related to equipment. 2.6 Equipment purchased through this grant contract is the property of the Grantee. 2004 State Homeland Security Program (05104) Page 1 os- ��.� Grant Contract #2000-9997 3 Time The Grautee must comply with all the time requirements described in this grant contract. In the performance of this grant wrnract, time is of the essence. 4 Considexation and Payment 4.1 Consideration. The State will pay for all services performed by the Grautee under this grant contract as follows: (1) Compensation. The Grantee will be reunbursed an amount not to exceed $99.999.00 according to the breakdown of costs specified in Grantee's 2004 State Homeland Security Graut Progr� Application, Attachment A, which is attached and incozporated into this grant contraet Ttie Grantee will submit a written change request for any substitution of budget items in Attachment A, or any deviarion of more than 15% from the approved budget category amounts in Attachment A. Change requests for substitutions of budget items, or a deviation of more than 15% from the approved budget category amount 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. Grantees whose requests have been approved will be notified in writing by the State's Authorized Representative to the Grantee's Authotized Representative. Requests must be approved prior to any expenditure by the Grautee. (2) Matcking Reguiremenfs. (If Applicable.) Grantee certifies that the following matching requuement, for the gant contract, will be met by the Grantee: 0.00. (3) Total Obligation. The total obligation of the State for all compensarion and reimbursements to the Grantee under this grant contract will not exceed 99 999.00. 4.2 Payment (1) Grant Bitling Form. The State will promptly pay the Grantee after the Grantee presents a Grant Billing Form for the services actually performed and the State's Authorized Representative accepts the invoiced services. Grant Billing Form must be submitted timely and according to the following schedule: a. Cmntee will submit the Grant Bffling Form along with copies of Grantee's itemized invoices for actual costs incurred at least bi-annually due June 30 and December 31 for the life of the grant, but not more often than monthly and within 30 days of the period covered by the Grant Billing Form. b. Expenditures for each state fiscal yeaz (July through 7une) of this grant contract must be for services satisfactorily perfornied within applicable state fiscal year. Final Grant Billing Form pertaiunig to the fust state fiscal year of this grant contract must be received by the State no ]ater than August 15, 2005. Reimbursements from the second state fiscal yeaz may commence on or after July 1, 2005. The fmal Crrant Billing Form pertaining to the second state fiscal year of this grant contract must be received by the State within 45 days of the Expiration date of this grant contract. c. Grantee will submit financial and narrative performance repozts at least bi-annually due June 30 and December 31, for the life.of the grant, but not more often than monthly. The narrative performance repod shall consist of a comparison of actual accomplishments to the approved work plan in Attachment A. These reports must be submiried before reimbursement will be paid. (2) Federal funds. (�Vhere applicable, if blank this section does not apply) Payinents under this grant contract will be made from federal funds obtained by the State through CFDA # 97.004. Public Law 108-90 the Deuartment of Homeland SecurityAppro�riations Act 2004. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by fhe Grantee's failure to comply with federai 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 diseretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulafions. The Grantee wili not receive payment for work found by the State to be unsatisfactory or perfozmed in violation of federal, state, or local law. 2004 State Homeland Security Program {OSf04) Page 2 os- t�� Gzant Contract #2000-9997 6 Anthorized Representative The State's Authorized Representafive is BoYd Rasmussen. Grants Specialist. Division of Homeland Securit�and Emerg�y Mana�ement 444 Cedar Street S�'te 223 St Paul MN 55101�651�282 5392 or his(her successor, and has the responsibility to monitor the Grantee's perforn�ance and the authority to accept the services provided �mder this gzant conhact. If the seivices aze satisfaetory, the State's Authorized Representative will certify acceptance on each Grant Billing Form submitted for payment. The Grautee's Authorized Representative is Dave Pieasants. Assistant Fire Chief St. Paul City of 100 East 11 th Street St. Pati. MN 55101 (651) 228-6212. If the Grdntee's Authorized Representative chang�s at any time during this gtant contract, the Grantee must unmediately notify the State. Assignment, Amendments, R'aiver, and Grant Contract Complete 7.1 Assignment The Grnutee 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 Ageement, executed and approved by the same parties who executed and appzoved this grant contract, or their successors in office. 7.2 Amendmenu. Any amendment to this grant contract must be in writing and will not be effective until it has been exeeuted and approved by the sazne parties who executed and approved the original aant 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 provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either pariy. 8 Liab�lity The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, arising from the performance of tkris grant contract by the Csrantee or the Cn�autee's agents or employees. This clause will not be construed to bar any legal remedies the Grautee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and pracrices relevant to this grant contract aze subject to exaziunation 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 Governmen# Data Practices The Grantee and State must comply with the Minnesota Governnaent Data Pracfices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The C`n�autee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaniing to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third pazty as a consequence of any act or omission on the part of these employees are in no way the State's obligation or zesponsibility. 2004 State Homeland Security Program (OS/04) page 3 os- ��� c�c con��c #ZOao-999� 12 PaLlicity and Endorsement 12.1 Publirity. Any publicity regazding the subject matter of tlus 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 prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the probram, publications, or services provided resulting from this gant contract. 12.2 Endorsement. The Grantee must not claim that tke State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, govems this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal couzt with competent jurisdiction in Ramsey County, Minnesota. 14 Tennination 14.1 Termination by the Statz The State may cancei this gant conhact at any time, with or without cause, upon 30 days' xuritten notice to the Grantee. Upon tennn�ation, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufficient Funding. The State may unmediately tenninate this grant contract if it does not obtain funding from the Minuesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Teunivation must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, detemvned on a pro rata basis, for sezvices 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 lack of funding within a reasonable time of the State receiving that notice. 14.3 Termination for Faiture to Comply. The State may cancel this grant contract immediately if the State finds that there has been a failure to comply with the provisions of this g�ant, that reasonable progress has not been made or that the purpose for which the funds were granted have not been or will not be fiilfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requning the retum of all part of the funds already disbursed. 15 Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal einployer tax identification number, and(or Minnesota tax identification number, already provided to the State, to federal and state taac agencies and state pezsonnel involved in the payment of state obligations. These identificafion numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grautee to file state taY retums and pay delinquent state taY liabilities, if any, or gay other state liabilities. � REST OF PAGE INTENTIONALLY LEFT BLANK 2004 State Homeland Security Program (05104) Page 4 os-�� Grant Contract #2000-9997 1. ENCUMggA1VCE VERIFICATION Individual crrtifies thatfimdt have been encumbved as �eQuired byM'mn. Sta[ §§76A.75 mld I6C.05. Date: Crzant Conuact No. 2000-9997 2. GRANTEE 77+e Grmteee cerl�e.t th¢tlhe appropriate person(s) hwe erecuted the grant contrac[ ors behalfof the Granlee ¢s required by ' ble articles, bylaws, resoluROns, ar ordinartces. BY: � y � Tit] Dat By: Titb Dab By Ti Da By Title: Human Ri hts Date: (�" (� By: �itle: Director of F: �` Date: �— l 6-GS' 3. STATE AGENCY By. (with delegated authority) Title: Date. ices DistriMUion DPS/FAS Giaotee , State's Authorized Represen[ative 2004 State Homeland Security Program (QS/04) page 5 os- �� � ��,a . r_ , 2004 STATE HOMELAND SECURITY GRANT PROGRAM bo sttbmitted by close of business OS/14/04 � daV.@ �,� " -' FaX Number Please enfar fhe amount awarded fo yourjurisdic6on fo/ AmounE thfsgrant. ConfactHSPMStafPlfthPSamountisnotknown. ad by County $. Dispersed to CICPes/Townships A7TACHM�NT A � c�::.:�_r., , " _ � 'r i rr„ab.2;::.::e . En::vaTf�.:es:'-.:U i � ��.;� . :; , - _ __ . .. _. ct Name DaYk�f FI�SdI]tS _ "- _ Phone 651.22'� T�tte Asgistant Firs,Ci�fef . — -- ss .14�. E. -- - - ��int i�aul coun - -- . , ty Rai71$�Y . state: MN z�p Addre !A�pR OBJECTNES - Please eXplain how the resources requesfed in this application wlll enhance �ur jurisdiction's ahllity to prevent a terrorist act and be prepared to demonstrate how homsland acurity wili be improved. Atso, piease indicate how the specific items requested support and are >ns{stent with the overall State Hameland Securlty 5ttategy. ie aver:ali �flal for.the Training ��d eq.uiprnent.items reguesfied in �h�s �r�n� it� eoncer} v�ithth� �te hornefd�d secunity s#ra���y i� to enha�,nce the Ci� of Sairif.Raul'� ��apor�se tn CB�N6 terresri�{ erits. te incl.ude W{�D and ca�lapse stru.ature inci€len�s. Tb,ie City n{����� paui w�N util�z� #qe COffc� Dorr�stic i?repardries� (Of3p), sp������Z� �duanced traiiiirig cla�s� tia .t�ain oui persbnn2f ta the illapse:�rwcture Resc+:�e Techri'taien levei. F�rrrr�s wilt be useeJ fiii-�ui�i��j.�tra�rel, roa[rt:a►td tiri�:rd, d bac�ll/overfime. In �ddition, we request rcpla�erri.ei�# �quiprrl�"n{ .fQr.thaf:wkai�h wuill b� perideif cfuring trairiing of'o�ircolJapse reseue.tearn st�ch as.rriaSO�i�iy txF�a,� ej�airrsaw blac]es, II bits,_ ete: -- -_ ���•=w , nb�u�ces aaaress: fraining and i�quipmsn� re�o�r�es requested in fhis seetian: suppor#s.ou�-�t�rist(iction's �tii{`t�y to crnui to CSR�1� anc! N�{��} ineiclents ta inclwefe stiveturat eoEl�p�.e rescJ�e Th�$pQ���.gflals obJec�iv�s fo� these. requesfs a�e: Goal 1(Trair�ing), Obj.eetive �, ��eps 1-�. �O: Z0 3�Jtld 20�4 Federal F�rrieland Securl / � T J �� !(��' t}' Equipment Grent Program 3?Ji a �nH.a i c x i r Date: � "�`J —a`f Page A 1 os- � �.`f •�✓10/2004 10:24 6512286255 CITY 57PAUL FIRE PAGE 02 2044 STATE HOMELAND SECURfTY GRANT PROGRANl • TRAfN1NG BUDGET WORKSHEET GRANTEES WHO WISH TO USE GRAN7' FUNDS TO SUPPOR7 ATTENDANCE AT AND/OR DEVELOPMENT OF NON-ODP SPONSORED TRAINING MUST REC�IVE APPROVAL FROM ODP PRIOR TO U81NG FUNQS FOR TkiIS Name of Jurisdiction_ City of 5aint PaL MAJ�R OQJECTIVES — Please explaln haw the requested TRAINING resouress wlll enfiance your jurisdiction's ahility to prevent a terrorist act and be prepared to demonstrate how homeland security wip be Improved: The owerait gaa� for the T�ait�j4ig and aquipr�ent items reqwested in tt'us grent in concerf wi•th the state harT�etaiid seC�r��y strategy �� to° et�hznr>e tkle Eity of �aint Raufs resp.on�e °t0 GBRI�EE �srrorist events to in�lude WtFA� and c'otlapse S#lilr�wre i�5ciderl�s. The City ofi �aint P�k�i vtfif uhilize the Q�ce af Domestic f'1'epa%dness {013Rj Sp��ia�ized �duarreeq fraining classes 3o tr2iri our persopnef to t�e Catiapse Structure Fdes.c�e'feeh��Gian Le�raf. �uaids �11 b.e c�ed for tui�on, travel, F�om and i�oaicl, and ksackfl4Uovertime. In . additior�, v�e ��q�est repl�t�ame�i2 8t�ipmefit f.ov that 4vfiich will be ex�ericJ�d ; dur�tig t of ouF coilapse �e§ci{� t�atn suCh a� r��so.�ar�t bla€t�s, ck�ins2w blades; drikl bifis, �ta. � in additlon, piease explain how the resources requested support the overall Stafe Homeland Securit Sfrategy. Please reference the speciflc goai and objsctive identifled in the State Strategy that the requested resources will address: T(tQ ttaining aritl equipna�rif r�squress. requested in this se�tion supporEer j�+risdictioh's sbifify to :Cespand. Eo 'EBRN� :aT�d.1�lRpID 'Incid�Cfts.lo ih�lUCiP s#ivctaral clillapse reseue,_ The `specifia gba?s and .ob�eetiuss f.or t3its� .r.eq�:tests pre; Goel 1(7Fai�in�} ��bjecGve �� S#eps 1-3. . BUDGE7 bPS1HSEM 20oA Homeiand Sea�riry Grant page A- g. ' Number of people, hours at training, and average hourly pay rate should be used to approximate total cost os- i�� Grant Contract #2000-9997 A'I°I'AC�NT B FEDERAL AUDIT REQUIltEMENTS 1. For subrecinients that aze state or local govemments non nrofit orQanizafions or Indian hibes If the grantee expends total federal assistance of $300,000 or more per yeaz, the grantee agrees to obtain either a single audit or a progtatu-specific audit made for the fiscal year in aworda.nce with the temis of the Single Audit Act Amendxnents of 1996. Audits shall be made annually unless the state or local govemment has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those govemtnents, the federal cognizant agency shall pemrit biennial sudits, covering both yea7s, if the govemment so requests. It shall also honor requests for biennial audits by govenunents 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 subrecinients that aze institurions of hipher educaflon or hospitals If the grantee expends total direct and indirect federal assistance of $300,000 or moreper year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110 "Requirements for Grants and Agreements with Universities, F3ospitals and OtherNonprofit Organizations" as applicable. The audit shall cover either the entire organizarion or all federal funds of the organization. T'he audit must detemune whether the subrecipient spent federal assistauce funds in accordance with applicable laws and regulations. 2. The audit sha11 be made by an independent auditor. An independent auditor is a state or local goven�tnent auditor or a public accountant who meets the independence standazds specified in the General Accounting Office's "Standards for Audit of Govenunental 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 Iustitute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Govemmental CTnits," issued in 1986. The federal govetiunent has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the fandings and recommendations in the report, including a p1an for conective action taken or planned and couunents on the status of corrective acrion taken on prior findings. If cosective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the gantor, the Legislative Auditor, the State Auditor, and any independent auditor desi�tated 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 Circulaz A-133. S. Grantees of federal fmancial assistance from subrecipients are also required to comply wath the Single Audit Act and OMB Circular A-133. 6. The Statement of Expenditures form can be used for the schedule of federal asslstance. 2004 State Homeland Security Program (OS/04) Page B-1 os- r��- Grant Contract #2000-9997 The gxntee agrees to retain docuruentation to support the schedule of federal assistance for at least fouz years. . 8. Reqnired audit renorts must be fli ed with the State Auditor's Office, Sinele Audit Division and with federal and sfafe aeencies nrovidin¢ federal assistance �vitLin sis months of the 2rantee's fiscal vear end. OMB Cireulaz A-133 requires recipients of more than $300,000 in fedezal funds to submit one copy of the audit repor[ within 30 daps after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East lOth Street 3effersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Ivfinnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedaz Street Suite 126, Town Squaze St. Paul, MN 55101-5126 2004 State Homeland Security Pzogasn (05f04) Page B-2 os- /�� Grant Contract #2�00-9997 ATTACHNIEi3T C PEDERAL ASSURANCES The Applicant hereby assures and certifies compfiance with all Pederal 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 Adminishative Requirements for Grants and Cooperative Agreemeuts 28 CFR, Part 66, Common rule, that govem the application, acceptance and use of Fedetal funds for this federally-assisted project. Atso the Applicant assures and certifies that: 1. It possesses legal authority to apply for the g[ant; that a resolution, motion or similaz action has been duly adopted or passed as an officiat act of the applicanPs governiug body, authorizing the filing of the application, including all nnderstandings and assurauces contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the applicafion and to provide such addiuonal information may be required. 2. It will comply with requirements of the provisaons of the Uniforsn Relocation Assistance and ReaT Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treahnent of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law which lixnit 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, at seq.). 4. It wIll comply with ihe minimum wage and mazimum hours provisions of the Federil Fair Labor Standards Act. 5. It w111 establish safeguards to prohibit employees from using their positions for a putpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have faxnily, business, or other ties. 6. It will give the sponsoring agency or tlae Comptroller General, through any authorized representafive, access to and the right to examine all records, books, gapers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency concerning speciai requirements of law, program requirements, and other administrative requirements. 8. It will insute that the faciliUes under its ownership,lease or supervision which shall be utilized in the accomplisiunent of the project aze not listed on the Envitonmental 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 O£fice of Federal Activities indicating that a facility to be used in the project is under considerntion 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 Mazch 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 putposes for use in any azea that has been identified by the Secretary of the Department of Aousing and Urban Development as an area 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. R will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservaflon Act of 1966 as amended (16 USC 470), Exeeutive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 ITSC S69a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Tnvestigafions, as necessary, to identify.properties listed in or eligibie for inclusion in the National Register of Historic Places that aze subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor 2004 State Homeland Security Progam (OSl04) Page C-1 :, ds- rb� C'rrant Contract #2000-9997 agency of the existence of any such praperties and by (b) comply'mg with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. I 1. It will comply, and assure the compliance of all its sub-grantees and contractois, with the applicable provisions of Tifle I of the Ouuu`bus Crime Control and Safe Streets Act of 1468, as amended, the 7uvenile Justice and Belinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the cutrent edition of the Office of Justice Programs Financial and Aduunistrative Guide for Gra.nts, M71Q0.1; and all other applicable Federal laws, orders, cuculazs, or regulations. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agFeements including Part 18, Administrarive Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Infortnation; Part 23, Crnninal Intelligence Systems Operating Policies; Part 30, Intergovemntentai Review of Department of Justice Programs and Activities; Part 42, NondiscrirninationlEqual Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Managexnent and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. Tt will comply, and all its contractors will compiy, with the non-disciimivation requirements of the Ommbus Crune Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civii Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Educarion Amendments of 1972; the Age Discriminauon Act of 1975; Department of Justice Non-Discrinunation Regvlations, 28 CFR Pari 42; Subparts C,D,E, and G; and Department of Justice regulations on disability discrinunation, 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 fonvazd a copy of the finding to the Office for Civil Rights, OfFce of Jusflce Programs. 15. Tt witl provide an Fqual Employment Oppoztunity 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 Resouzces 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. 2004 State HomeJand Security Program (OSlOA) Page C-2 os- r��f CERTIFICATION REGAI2D7NG LOEBYING For State of Minnesota Contracts and Grants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief that: c�t con��c �ooass� ATTACIIMENT D (1) No Federal appropriated funds have been paid or will be paid, by or on behaif of the undersigned, to any peison 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 connecrion with the awarding of any Federai contract, the maldng of any Fedeial grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, aznendment, 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 of6cer or employee of any agency, A Member of Congess, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, graut, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fomi-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 awazd documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shail certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed whzn this transaction was made or entered into. Submission of this ceRification is a prerequisite for making or entering into this transaction isnposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be sub}ect to a civii penalty of not less than $10,000 and not more than $100,000 for each such failure. �v �-•��I �>'�..5 5�.�, �,...,z�.y Organization Name '�w�� �. �'a.csc`1f5 �J}Ss•3Fz..,'� �+�f`LN�.,'�'1" Name and Title of Official5igning for Organization BY� _ Da( � Signature of Official i2-2� Date 2004 State Homeland Security Program (05104) Page D-1