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05-535Council File # RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Green Sheet # OS S�S 3026594 ► � Referted To: Committee: Date � z 3 4 s 6 � 8 9 io �i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Department of Fire and Safety Services has appiied for and received the attached 2005 Homeland Security Program Grant for $50,000.00 from the State of Minnesota to provide the City of Saint Paul's Regional Hazardous Materials Response Team ongoing program support, and WHEREAS, the funding will be used to purchase equipment and provide training forthe Regional Hazardous Materials Response Team, and WHEREAS, the Department of Fire and Safety Services was given approval in Council Resolution 05-253 to apply for this grant, and NOW THEREFORE, BE IT RESOLVED, that the City Council accepts this grant, authorizes the City of Saint Paul to enter into, and directs Chief Douglas A. Holton to implement the attached agreement, which includes an indemnification clause. Requested by Department of: � Adopted by Council: Date c/GC.YLe �S, o�OL� Adoption � � rti d by Council Secretary: By: � � � � APi � ayor: Date • � � . D.:� by City Approval Recommended by Director of Financial Services: �° � OS-S 3S � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrnent/office/council: Date Initiated: FR - Fire 25-MAY-0S Green Sheet NO: 3026594 DeoartrneM Sent To Person I �al/Date Contact Person & Phone: / Tim Butler � 0 �ire � �f/ �� Assign 1 re D arLmentD'vector Must Be on Council �qenda by (Date): Number 2 ttorne � For Routing 3 a or's Office Ma or/Assistant Order , 4 oonci 5 ' Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached Council Resolution authorizing ffie Department of Fire and Safety Services to accept the gant of $50,000.00 " from the State of Minnesota for the 2005 State Homeland Security Giant Program to provide ongoing program support for ffie City of Saint Paul's Regional Hazazdous Materials Response Teazn. RecommendaGons: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this persoNfirm,ever worked under a contract for this department'? CIB Committee Yes No � Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No - � � 3. Does this person/firm possess a skill not normally possessed by any � current city employee? . Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wh�: � The State of 1Vlinnesota has awarded the City of Saint Paul $50,000.00 to receive 1�aining and purchase equipment to provide ongoing support of the Regional Hazazdous Materials Response Teazn. The team provides response, techuical assessment and support for liazardous material. incidents azound the state, and as such, provides a specific response capability sought by the State Hoxneland Security Shategy. AdvaMages If Approved: The City of Saint Paul will have the ability to receive haining and pwchase equipment to enhance their ability to respond to a hazazdous materials incident. Tlus improved capability will ensure greater safety for the residents and employees of Saint Paul. DisadvantasteslfApproved: � None. DisadvanWges If Not Approved: Lost opportunity to secure adequate funding for critical equipxnent evBancements impacting hazazdous material responses for the Depaziment of Fire and Safety Services. � � � � � �� � � Total Amount of S� �� � - � 50000 CosURevenueBudgeted: ,ls�S� s?� ��`t?�F Transaction: Fundinq Source: Gfy�t Ac[ivily Number: �� � Eq ��� ��gPy p� CyI { t.,^,s�m`�= : .���;�Y^Pt � .�r�f � �JA G. e Financial Information: (Explain) JUN 7 2005 Council File # Green Sheet # Presented By. RESOLUTION CITY,QF SA1NT PAUL, MINNESOTA ��a53 3025447 Z�` Referred To: Committee: Date z a a s e � a s �o �� �z 13 14 W HEREAS, the Departrnent of Fire and Safety Services is,seeking a grant to purchase equipmert and provide training and exercises forthe Fire DepartmenYs Regional Hazsrcfous Materiais Response Team, and = :I: -� W HEREAS, public safiety o�cials from the City of Saint Pauf have diligentiy worked with public safety officiais throughout the state Yo build a statewide hazardous materials response capability in order to preserve the Iffe and safety of citizens and to satisfy elements of the State Homeland Security Strategy, and W HEREAS, the maintenance of the Regional Hazarclous Materials Response Team operated by the Department of Fire and Safety Services ensures a continued technical capability available to the citizens of Saint Paui, a response capability available statewide via a contract-for-services, and achieves spec�c goals and objectives of the State Homeland Security Strategy, and W HEREAS, upon receipt of this grant, the City is obligated to appropriate the grant amount of $50,000.00, and ,s NOW THEREFORE aT BE RESOLVED, that the proper City officials are hereby authorized and directed to ie execute an application for the City of Saint Paul's DepartrneM of Fire and Safety Services to apply for the n 2005 State Homeland Security Program Grant; a copy of safd application is to be kept on file and of record ,s in the Office of Financial Services. ,s � zi � z.t 2a zs � Requested by Department of: � Adopted byCouncil: Date��il,�3,�iDS Adoption Cert�ed by Council Secretary: � Approved tyy �it�or. Date � by Director of Financial Services: by City . for Sul � .. ' • . . . , b5 S35 . - _ . . "STATE OF.MIlVNESOTA TiSEIvI Grant # 2005-�HSP-00477 ' GRA1�T CO1�TR,ACT `_ . This grant.contract is betweeu tlie Sfiate of Minnesota, acting through its� Commissioner of Pubfic Safeiv, Division of Homeland Securitv and Emergenc Mana¢ement 444 Cedar S#reet Snite 223 St Paul Ivfinnesota 55101-6223 ("Staie") and City of St. Pau1.15 W Kelfoe� BovIevazd. St Paul Minnesota 55101 ("Crrantee"). . . . Recitals 1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2(4) the State is empo�,�rered to aliocate and disburse federal funds made avaitable througfi the Department of HomeIand Security and is empowered to enter � into this grant conhact, " 2 The State is in need of the distribution of federal £unds to eligible graut recipients pertaining to the 2005 Homeland Security Grant Rrogram, Awazd Number 2005-GE-TS-0019, to purchase equipment for protecting first responders and strengthen teriorism response capabiltties by praviding funding for exercises, training, planning and organizational activities. 3 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant - contracY to the satisfaction af the State. - • -- - - .. � . .... . . Grant Contract 1. Term of Grant Contrack 1.1 Effectz've date: Mav I5, 2005, or the date the State obtains all requirecl signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is lat�r. Once this grant contract is fully executed, the Grantee may claim rennbursement for expendit�ues incurred puzsuant to Clause 4.2 of this grant contract. Reimbursemenfs will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: Mazch 31, ZOD7 or until ail obligations have been satisfactorily fulfilled, whichever occurs first. 13 Survzval of Terms. The foIlowing clauses survive the expirafion or canceliation of this grant contract:. 8. Liability; 9. State Audits; 10. Govemment Data Praetices; 12. Publicity and . Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who"is not a state employee, wil�: 2.1 Perform the work in the Grantee's 2005 Homeland Security Grant Program Application, Attachment A, which is attached and incorporated into this grant contract. Approved equipment, exercise, training, planning, organizational, and/or management and administration costs identified in Attachment A were approved from the 2005 Homeland Security Crrant Program Guidelines incorporated into tlus grant contract by reference. 2.2 Comply with all program guidelines specified in the 2005 Homeland Security Program Grant Application Packet provided to the Grantee by the State, and will comply with the standards and reguirements 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 incorporated into this grant contract. b. Federal Assurances, labeled Attachment C, which is attached and incorporafed into this grant contract. 2005 Homeland Security ProQram (04/O5) PAryp i - • • �-531' � .- . • - . . ' . � M1 , . _;��,. r'- HSEM Grant # 2005-SHSP-00477 c. �rantees receiying $ i0d,006.00`or more must complete and retum fihe Certification Regazding ° Lobbying form; l�beled Attachment D, which is attachecl and incorporated into this grant contract _ . 23 Funds approved under this grant contract shall be used to snpplemenf, and sliall not be used to _ snpplant, non-federal funds dedicated tA this effort: The Grantee may be required to supply - documentarion 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 training to their employees concerning the use o£ equipment purchased through ttus grant cantract, and shall not permit the equipmenY to be tampered with or operated by individtials who aie not properly. trained. _ 2.5 Assuu�e total responsibility of the_proper handling, use, and maintenance of Yhe equipment and bear all costs of maintenance, repair and/or repTacement related to equipment. Equipment purchased through this grant conh�act is the property of the Grantee. . 2.6 When practicabie, any equipment purehased witli grant funding shall be prominently marked as follows: "Purchased wifh funds provided by the U.S. Department of Homeland Seeuriry". 2.7 Compiy with a11 program guidelines specified in the 200� Homeland Security Grant Program Guidelines provided to the �antee by the State and incorporated into ttris grant contract by . reference. Spe�ificaFIy; the Grantee is required to develop, implement, and adopt Natianal Incident Management SysYem (1�71I�I5), and Homeland SecurityPresidential Directive (�ISPD) that is comprised of 8 initiatives in their jurisdiction and the Grantee is required to document and submit documentation to the State to support proof of compliance. 3 Time . The Grantee must compFy with a11 the time requirements described in this grant contract. In the performance of this grant contra�t, 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 foliows: (1) Compensation. T'he Grantee will be reimbursed an amount not to exceed $50,000.00 according to the breakdown of costs specified in Grantee's 200� Homeland Security Grant Program Application, AtEachment A, which is attached and incorporated into this grant contract. The Grantee wiIf submit a written change request for any substitution of budget items in Attachment A, or any deviation 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 agproved budget category amount must be given in writing to the State's Authorized Representative and at least 60 days prior to the Expirafion 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 Authorized Representative. Requests must be approved prior to any expenditure by the Grantee. (2) Matc/ting Requirem.ents. (If Applicable.) Grantee certifies that the foliowing matching requirement, for the grant contract, will be met by the Grantee: $0_00. (3) Total Obligation. The totai obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed S50.000.00 . 4.2 Payment 2005 I�omeland Security Prograzn (04/OS) p � os-S3S HSEM Cnant # 2005-SHSP-00477 (1) Grant Billing Form The, State wili prompfly pay the Grantee aftez the Granfee presents a Cnant ;: BiIling Fomi for the services actually perfarmed and tlie State's Aufhorized Representative accepts the invdiced services. Cnant Billing Form must be snbmi�ted timely and"accozdiug to the following scheckule: a. Grantee will submit ttie Cnant Billing Form along with copies of Cnantee's itemized invoices - for actual costs incurred at least bz-annually due June 30-and December 31 for:the. &fe af the . grant, but nofimore often than monthly and within 30 days of the period covered by the Grant Billing Fonri. . b. E�cpenditures for each state fiscai year (July through Jnne) of this grant contract must be for services satisfactorily performed urithin applicable state fiscal yeaz. Rinal Gzant Billing Form perfaining Yo the frrst sfate fiscal yeaz of this grant contract must be received by the S#ate no later thau August 15, 2005. Reimbursements from the second state fiscal year may commence on or after July 1, 2005. The final Grant Billing Form pertaining to the second state fiscal yeaz of this grant contract must be received by the State no later than Angust 15, 2006. Reimbursements from the third state fiscal yeaz may commence on or after July 1, 2006. The finat Cnant Billing Form pertaining,to fhe third state fiscal yeaz of this grant coniract must be received by the State within 45 days of the Expiration date of this grant . contract. - c. Grantee wi11 submit financial and narrative performance reports at least bi-annually due Tune 30 and December 31, for the life of the grant, but not more often than monthly. The narrafive performance report shall consist of a comparison of actual accompiishments to the approved work plan in Attachment A. These reports must be submitted before reunbursement ��ill be paid. (2) Federal, fiznds. (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 CFDA # 97.067 Public Law 108-334 DeDartment of Homeland Securitv Appronriations Act of 2005. The Grantee is responsible for compliance with ail federal requirements imposed on �hese funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. Conditions of Payment Ali services provided by the Grantee under this grant coniract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Represeutative and in accordance with a11 applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Sharon Olson. Grants Snecialist Division of Horneland Securitv and Emer2encv Manaeement 444 Cedar Street Suite 223 St Paul MN 55101 vhone (6511282-5392 fax (6511296-0459 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 aze satisfactory, the State's Authorized Representative will certify acceptance on each Grant Billing Form submitted for payment. The Grantee's Authorized Itepresentative is Tim Butler, Emer2encv Manaeement and 2005 Homeland Security program (04/OS) paQP '� os-s3S r� - i ` - HSEM Grant # 2005-SHSP-00477 - CQnununicatioiis Chief St Paul Fire and Safetv Services T00 E Elevea�h'S�eet St Paiil Minnesota 55101, �hone (651) "228-6235 €ax (6511228 6255. If the Grantee's Author�zed Kepresentative changes at any iime during this grant cpnfract, the G�ante� must immediateiy notify the State. Assignment� A�mendments, Waiver, and Grant Contracf Complete -- 7.1 �Lrsignment The Grantee may neither assign nor transfez any rights or obligations under #his gant contra�t withbut the prior consent of the Sfate and a fully executed Ass'ignment . Agreement, executed and approved by the same parties who executed and approve& this grant contract, or their successors in office. 7.2 Ameizdments. Any amendment to this grant contract must be in writing aud will not be - effective tintil it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enfbrce any,provision of this grant contract, that failure does not waive the provision or its right to enforce.it. _ 7.4 Grant Coniract 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 pariy: - . Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from auy elaims or causes of action, inclnding attomey's fees incurred by the State, arising &om the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be cbnstrued to baz any legal reinedies the Grantee may have for the,State's failure ta fulfill its obligations under this grant cantract. State Audits Under Miim. 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 Legisiative Auditor, as appropriate, for a min;mum of six yeazs from tha end of this grant contract. 10 Government Data Practices � The Grantee and State must compiy with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to a11 data provided by the State under this grant contract, and as it applies to all data created, cotlected, 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 Crrantee 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. "fhe 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 Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertainuig to workers' compensation insurance coverage. The Grantee's emgloyees and agents will not be considered State employees. Any claims thax may arise under the Minnesota Workers' Compensation Act on behalf of these empioyees and any claims made by any third party as a 2005 Homeland Securitv Proeram (04/051 n,.,P a �S S3� - � • HSE2vI�Grant # 2005-SHSP-00477 cansequence of any act or omission on the part of these employees aze an no way fhe Sta#e's _-- obligation or responsibility. ` � � ,_ _ - . 12 Publicity and Endorsement 12. iPublicity.. Any publicity regarding the subj�ct matter of this grant contract musf identify the . : State aud the Department of HomeTand Security ss the 5ponsoring agency and mustnot be released without prior written approval from the State's Authorized Representa$ve. All publications created with fundiug under fhis grant contiact shatl prominenfly contain the foliowing statement: "Ttus document was prepazed under a graat from the Office of Sfa4e and Loca1 Govemment Coordination and Prepazedness (SLGCP), TI.S. Department of Homeland . � Security. Points of view or opinions ezpressed in this document aze those ofthe authors and do not necessarilg represent the official position or poficies of SLGCP or the U.S. Depatfimenf of Homeland Security." For purposes of this provision, publicity includes notices, . informational pamphlets, press releases, reseazch, reports, signs, and similaz pubiie nofices prepazed by or for #he Grantee individually or j oinfly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and inevocable license to reproduce, publish, or othe�wise use, and authorize others "to use, for federal "" - govemment purposes: (1) the copyright in any work developed undez an award or sub-awazd; and (2) any rig}its of eopyright to which a recipient or subceeipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regazding the allocation of any patent rights that arise from, or are purchased with, this.funding.. 12.2Endorsement. The Grantee must not claim that the State endorses its prdducts ot services. 13 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, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14. t Terminatian by tlze State. The State may cancel this grant contsact at any time, with or. without cause, upon 30 days' written notice to the Grantee. Upon termination; the Grantee will be entitied to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2Termixation for Insufficient Funding. The State may immediately term.inate this grant contract if it does not obtain funding from the Minnesota Legislatuie, or other funding source; or if funding cannot be continued at a level su£ficient to allow for the payment of fhe services covered here. Terminarion must be by written or fas 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 entitied to payment, determined on a pro rafa basis, for services satisfactorily.perfornied to the extent that funds aze available. The State wili 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. 143Termination for Failure to Comply. The Sfate may cancel this grant contract immediately if the State finds that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been made or that the purpose for which the funds were granted 2005 Homeland Securitv Pr�oram ([14/O51 n.,,., c �,-S3S : HSEM Grant # 2005-SHSP-00477 ` have not been or will.not be fulfilled. _The Stafe may take action to protect the interesfs of the State of Minnesota, including the refusal to distiurse additional funds and requirin� the retum of all or part of the funds already disbutsed: . 15 Dafa Disclosure _ , � Y Under 1VIinn. Stat § 270.66, and other applicable law, the Cnantee consents to disclosure of its " sociai security number, federal employer taY identification niimber, and/or 2vlinnesota taz identification number, already provided to the State, to federal and state tax agencies and state personnei involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state t� laws which could result in actibn requiring the Grautee to file state tax returns and pay delinquent state tax liabi�it�es, i£ an�, or pay otheF state liabilities. 1. ENCUMBRANCE VEgIFICATION Indivrdnml cenifigs tha�funds Fmve 6een enaonbered ¢s reguired byMinn. Smt §§ 16A.15 and 16C.05. 3igned: 3. SPATE AGENCY By: ' � (with delegazed authoriry) Title: Date: � �' Date: .. Grant Contract No 2005-SHSP-00477 / 2000-10370 2. GRANTEE The Grarstee cerhfies that the approp�iate person(sJ �have executed thegrmrt rontract on behatf of the Grmetee ar reguired by applicable m�tic/u, bylaws, resolutians, or ordinm�ces. By: Tit1e: Daze: By: _ Tille: Date:' 9 Disfibution: DPS/FAS Grantee State's Auihorized Representatic: a �nnc u,,,„o t.,.,a co,...„.., v_,,,.��.„ mninc� P�rtP � bS�3S � 03/14/2005 69:05 651226�255 CIN STPAIA FIRE . ATTACHiVIEI�iT A -. , _ :`'�:� ;` =�, ; ; Ity Saint Paui counry Ramsey � s�ate: MN zip .� �mail Address ti7n.bu�ter�cis#pa�:J,m�.us + �Fax Number � 651 228-6255 Please enter the amount awarded fo yourJurisdicfion for ward Amount thls gre� Confact HS�M staff Jf thls amounf is noE known. $ 50 by County wvtc vs,IECTIVES - P)ease expfain how the resources requesfad in ffiis application will enhance youl' isdictian's abllity Eo prevent a terrorlst act and be prepared fo demonstrate how homeland sec�rity will be p'roved. Afso, please indlcafe how fhe specitic items requested-support and are consisfent with the overaU� ife Homeland Security Strategy. e resources reqaesfed� in'Ehis appTcaliort wi�! en�tance the Gbty of Sair�t PaUi's abilify to mitigate, prepare , r:espond to, & recover frAtn a C�f2NE incidenf, including terrorist eVerits, by ensuring City responders ve appropriate �q�iprnenE fia d�iect CBRIYE agerfis. 5uch equipt�tent wil! directly s.upp.ott regionai and teuride responge teams operated by fhe City, & dir.ectly supportfhe goals & objec�ives of the State HS afeov ' • • • . 3 STRAt'EGY L{NK -Explain how resources requesfed support tfie overall State Homeland Security 9y. In addition, pfease referenae the specific goais and o6jectives identified in the State Strategy that requested equipment needs address: e resour.ces requested in 9�,is appl'FCatibn dl�eeUy support efEoris to regionalize CBRNE reponse capabilities and build the �a�fY Lo d`etect CBRNE agerrts thcon9h0at the State, The resourcas requesied directdy st�port the goeis & o of e MN Sfate Homelatad Sec�dtyaStrdtegy. SpeelHcally, C�oai 4, Objectiva F, fmptemenLaflon Ste�s 7; and at 5, Objective impl.emanfa6Ua Step 2. .S C . Nama �f s{�51���.3.���o�-r . 2005 STATE HOMELAND S�CURITY GRANT PROGRAM_ Must be s�bmitted by close of business MARCN 11, 2005 Git�{.af�aintPauf, Minr�esota — Fj�-e, i7 ��-��'�' . � r� B��' • Phone 6� Fir� �ieEaency �Aanagemere# a�d..Cornrr�unications Chief i Dispersed to Citlesliownshlps . $ , ��u�� �'A?E � �,.n,�o��n c4„�..__. Er � O� Paul Date: 11-Mar-06 ��,�� �-� ¢ �s�o ��,��� �S m 2005 STATE HOMELAND SECUR('fY GRANT PR06RAM . EQU(PMENT WOk�KSHEET. � - Please use fhe highiighfed. lines below each cafegory to indicate intended equipment.purchases. If more lines are fequired, use fhose provided on fhe "Add9 Eqpt Lirtes" tab. . � ` UNIT PRICE SHOULD WCLUDE TAX AND SHIPPINGMANDLING EXPENSES . " DISCIPLINE AFIOCATI0t1; Piease use the drop-down list fo indcate the allocated dscipl'ine for the un�ts (QTY) to be purchased. For exampi_, if seven units are to be purchased for Hazardous Maferiats, seled the HZ value. If morethan one dscipGne is receia(ing purchased units, specify the aliocation using subsequent lines as shoum in the example. Disapfine � LE- Law Enfo'cement � � FS - Fue Service � PS - Pubfic Heatth � Abbreviations: EMS-Emergenry�[alServices � HZ-HaardousMaterials GA-Govemmen}alAdmin¢trative ' - EMA-Emer9e�rc.yN�ana9ement _ PW-WbGCWwks HC-HealttrCare� . . PSC-PubRcSaEety Communications 2. Explosive Device Mitiqation & Remediation Eauipment Bomb Sauads ONL 3. Chemicai, Biological, Radiological, Pluclear and Explosives (CBRNE) Search and Rescue Eauioment � � � � � � � � � � 0 0 0 � � s . ""ODP PROJECT: Piease use the droo-down list fo select the ODP pre-deflned oroiect titie for each eouioment reauested. � - 53s 20Q5 STATE HOMELAND SECURITY GRANT PROGRAM- - ��> r 0 0 0 0 !� n.,..o e _z 8. Decontamination Equipment Item Unit Price• QTY Total Disc` ODP Project Receiving Jurisdiction - c��� 2Q05 STATE HOMELAND SECUR(TY GRANT PROGRAM 16. Aqricuifural Terrorism „_ ._ . ..:;.. ..: _�_ _.. _ __ :_, „4. :.-��:.. _� :_.. .-.__.- .:.. .:=�_s S --� :, - - S - ;:: _ _ - -- _- S - __-- -----_ - -- = ---- -=_---- ' ___ $ _ '- ` _ '.`:i.: _ ' '_- - _�::r',:.._ _ � _ - $ - ':ii:_ - ^ 'h'v' �:;. ��'_-;�u' �_ ' = - a — - - - -- �S- s3 S 2005 STATE HOMEL'AND SECURIN 6RANT PROGRAM 21. 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Z � ° a � Z � W V Z G� � v °� N �L 3 � w Q d � � � O U w � a � t- � Z � O a 0 Z Q H Z W � W c� ¢ Z � W J m � � J J Q w 0 c � 0 E �. a L � 3 m c � - s � _ N N N 0 g -� Q. _� o � �' � > c �� o N � C � > � � N L � N c •- �u = c a N Q � � � � � � m c � � � � � - o � � � a� � m �� � E n � a � N. � X � � � � N � U .'�., O � O 64 C 7 O E N � 0 � � 0 .° � N c R n�+ m Q � O Z O � N _ � 0 � � a �S � m � � . > R C �. � U y 0 N 0 �T O E 3 N a Y h N L 3 � _ m 2 X CS w c d L n� v N 4 � � U Q N L O � N � � �a s� JC 4 o n � � o� a � N v � a � v a U C 3 � .°� "c N v � L � a � � a w m. � � a � V � o � 0 L m � @ N m � c N N � a � � � � v � � � v c y � U N � L L � � O � = C N Q Q ' O N O. � � � o � � N U Q � � � z �' t [ � � > �' n N m I.i� c 0 :+ V _ � L 7 7 k =- =t U r:2-`_. r_ �, �_ --_ 'n a� '. � � N U H} Ef. � w � � Q x � 7 O S d / � �f 3 Z � 0 al w � U � N C d Q W V ca � � y � w ' w � � � m � Q = ` O ° U I � � i 0 O V � � C � L 2 U a c � v � � � � U L � O .., C � •- � O �- v.. p N R O � Z a� � C � Y N _C o Q O �7 � � � � O U1 N N � U a� � c C a� � Q .� s N � � � � � � N � L � � � N � c4 � � O ^ °� o L W � �� � � h N � c N s � G � �.:-. � -�Y. EFT, `�:;�• 6f} N � � � O Q. � � .� .� �a � O N � � O i � Q � N .� rn � � T � 3 U � ; _ Q� L � O Y � � .c � N � Q � �� � W � �- c � � � 2 7 U � U t6 O � cn� � � W f-- � W � C1 Ltl � I--� Z � O � Q � � �. (." � Z � 0 Q � F Z W � w � a Z Q � J H O 1-- os ' HSEM Grant # 2005-SHS�-00477 ATTACHIV�NT B F�DERAI. AUDIT REQUIl2EIVIENTS 1. For subrecinients that are state or local eovemments non-profit oreanizations or Indian tribes If fhe grantee exgends total federal assistance of $500,000 or more pei year, the grantee agrees to obtain either a_ _ single audit or a program-speeific audit made for the fiscal year in accordance wirh the terms of the Single Audit Act Amendments of d 996, Audits shall be made annually unless the state or locat government has, by January 1,1987, a constitutional or statutory requirement for less frequent audits. Fnr those governments, the federal cogivzant 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, 1387. For subrecipients that are institutions of higher education or hasnitals If the grante.e expends total direct and indirect federal assistance of $500,000 or more per yeaz, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Cixculaz A-110 "Requirements for Crrants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either tt�e entire organization or all federal funds of the organization. The audit must determine whether fhe subrecipient spent federal assistance funds in accordance with apglicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local govemment auditor or a public accountant who meets the independence standards specified in the General Accounting Office's `.`Standards for Audit of Governmental Organizations, Programs, Activities, and Functions: ' The audit report shall state that the audit was performed in accordance with the provisions of OMB Circulaz A- 133 (or A-110 as appiicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accoun2s' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the reeipient shall provide comments on the findings and recommendations inthe report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not aecessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor desi�ated by the grantor shall have such access to grantee's records and financial statements as may be necessazy for the grantor to comply with the Single Audit Act Amendments of 1946 and OM$ Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required Yo comply with the Single Audit Act and OMB Circular A-133. 6. The Statement of Expendittues fortn can be used for the schedule of federal assistance. 2005 Hnmelan/l Ct�cnritv Prnaram ((ld/(1Sl , PaaP R-7 oS 3S m : _ HSEM Grant # 2005-SHSP-00477 7. . The grantee agrees to retain documentation to support the schedule of federal assistance for at least-four years. � OMB Circular A-133 requires recipients of more than $50o,000 infedernt fundstci submit one copy of the audit report within 30 days after issuance fo the central cIearinghouse at the folIowing address: Bureau of the Census � Data Prepazation Division . . . 120i East lOth Street Jeffersonville, Indiana 47132 _ a 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 Admiriistrative Services 444 Cedar Street Suite 126, Town Squaze St. Paul, MN 55101-5126 2005 Homeland Securitv Proaram (04/O51 Paae R-� . ' ' , os -S-3S HSEM Grant # 2005-SHS�-00477 - - AT"TACHI!'�NT C F'EDERAL ASSURANCES 4 The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and regvitements, including OIvIB Circulars No. A-21, A-110, A-I22, A-I28, A-87; E.O. 12372 and iTniform Adnunistrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rale, that govem the applicafion, acceptance and i2se of �ederal funds for this federally-assisted project: Also the Applicant assures and certifies that: . ' - I. It possesses legal authority to apply for the grant; that a resolution, moffon or similaz action has been duly adopted or passed as an official act of the applicanPs goveming body, authorizing the filing of the application, including all understandings and assucances contained therein, and d'uecting and authorizing the person identified as the official representative of the applicant to act in connectiou with the application and to provide such additional informafion may be reqrrired. _. 2. It will comply with requirements of the grovisions of tha Uniform Relocatian Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) wfiich provides for fair and equitabie treattnent of persons displaced as a result of Federal and federally-assisted programs. _ _ 3. It will comply with provisions of Federal law which Iimit certain political acrivities of employees of a State or local unit of government whose principal employment is in connecfion with an activity financed in whole or in part by Federal grants (5 USC 1501, et seq.).. 4. It will eomply with the .ninin,� � and maximum hours provisions of the Federal �air Labor Standazds Act. �. It will establish safeguazds to prolubit empIoyees 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 othexs, particulazly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptrolier General, thxough any authorized representative, access to and the right to examine ali records, books, papers, or documents related to the grant. 7. It wi11 comply with ail requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other aduunistrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the aceomplishment of the project are not &sted on the Environmental Protection Agency's (EPA) list of Violafing Facilities and that it wili notify the Federal grantor agency of ttie receipt of any communieation from the Director of Yhe EPA Office of Federal Activifies indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the f2ood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public L,aw 93-234, 87 Stat. 975, approved Decembez 31, 1976, Section 102(a) requires, on and after Mazch 2, 1975, the purchase of flood insucance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for conshuction or acquisition purposes fox use in any azea that has been identified by the Secretary of the Department of Housing and Urban Development as an azea having special flood hazards. The phrase "Federal financial assistance" 2005 HomeIand Security Proeram (04/O51 ponP r_i � �'535. HSE?vI Grant # 2005-SHSP-00477 includes any form of loan, gcant, guazanty, in� payment, rebaTe, subsidy, disaster assistance loan or grant, or any ofhar form of direct or iridirect Federal assistance. 10. It will assist tha Federal grantor agency in its compliance with Section 106 of the National Historic PreseFVa�ion Aet of 1966 as amended (26 USC 470}, Executive Order 11593, and the Archeological and . Historical Preservation Act of 1966 (16 USC 564a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary; to ident�y properties listed in or eligible for inclusion in the Nafional Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federai grantor agency of the e�stence of any such properties and bq (b} complying with all raquirements estabLished by the Federal grantor agency to avoid or mitigate adverse effects upon such properties: 11. It will comply, and assure the compliance of all its sub-grantees and coniractors, with the applicable provisions of Title I ofttie Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crnne Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulazs, or regulations. _,._.__. _ __.�. ,__..._. ... . - -.�.._ . ,..�.-...__,_ 12. It will comply with the provisions of 28 CFR applicabie to grants and cooperative agreements inctuding Parf 18, Admiiustrative Review Proeedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentialiry of Identifiable Reseazch and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 3Q Intergovemmentai Review of Department of Justice Programs and Activities; Part 42, Nondiscriminazion/Equal Employment Oppormnity Policies and Procedures; Part 61, Procedures for Implemenfing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federai Assistance Programs. 13. It will comply, and all its contractors will comgly, with the non-discrimination requirements 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 of 1973, as amended; Subtifle A, Title II of the Americans with Disabilities Act (ADA) (1990); Tifle IX of the Education Amendments of 1972; the Age Discrimination Act o€1975; Deparfinent of Jusfice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 19. In the event a Federal or State court or Federal or State adnuiustrative agency makes a finding of discriminafion aRet a due proeess hearing on the gounds 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 Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 9734$) dated October 19, 1982 (16 USC 3501 et seq.) which piohibits fhe expenditure ofmost new Federal funds within the units of the Coastal Bazrier Resources System. 2005 Homeland Security Pro¢ram (04/OS) Pave �-2 � - ., . . � - S35 . °: . - .� HSEM Grant # 2005-SHSP-00477 ATTACHI��NT D CERTIk'ICAT�ON REGARDIlVG LOSBYING For State o£Minnesota Con�acts and Crrants over.$100,000 The undersigned certifies, to the best of his or her knowledge and belief that: (1) No FederaI appropriated funds have been paid or wifl be paid, by or on hehalf of the undersigned, to anyperson 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 cooperafive agreement, and the extension, continuation, renewai, amendment, or modifir,a#ion of any Federai contzact, grant, loan, or cooperafive aQreement. (2} ff any funds other than Federal appropriated funds have been paid or wili be paid to any person for influencing or attempting to influence an o�cer or employee of any agency, A Member of Congress, an officer or employee ofi Congress, or an of a Member of in connection with this Federal contraet, grant,l6an, or cooperative agreement, the tmdersigned shall complete and submit Standazd Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned sha11 require that the language of this certification be inciuded in fhe awazd documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and coopexative agreements) and that atl 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 certificafion 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 TiUe of Official Signing for Organization � Signature of Officiai Date 2005 Homeland Security program (04/OS) Page D-1 Council File # RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Green Sheet # OS S�S 3026594 ► � Referted To: Committee: Date � z 3 4 s 6 � 8 9 io �i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Department of Fire and Safety Services has appiied for and received the attached 2005 Homeland Security Program Grant for $50,000.00 from the State of Minnesota to provide the City of Saint Paul's Regional Hazardous Materials Response Team ongoing program support, and WHEREAS, the funding will be used to purchase equipment and provide training forthe Regional Hazardous Materials Response Team, and WHEREAS, the Department of Fire and Safety Services was given approval in Council Resolution 05-253 to apply for this grant, and NOW THEREFORE, BE IT RESOLVED, that the City Council accepts this grant, authorizes the City of Saint Paul to enter into, and directs Chief Douglas A. Holton to implement the attached agreement, which includes an indemnification clause. Requested by Department of: � Adopted by Council: Date c/GC.YLe �S, o�OL� Adoption � � rti d by Council Secretary: By: � � � � APi � ayor: Date • � � . D.:� by City Approval Recommended by Director of Financial Services: �° � OS-S 3S � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrnent/office/council: Date Initiated: FR - Fire 25-MAY-0S Green Sheet NO: 3026594 DeoartrneM Sent To Person I �al/Date Contact Person & Phone: / Tim Butler � 0 �ire � �f/ �� Assign 1 re D arLmentD'vector Must Be on Council �qenda by (Date): Number 2 ttorne � For Routing 3 a or's Office Ma or/Assistant Order , 4 oonci 5 ' Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached Council Resolution authorizing ffie Department of Fire and Safety Services to accept the gant of $50,000.00 " from the State of Minnesota for the 2005 State Homeland Security Giant Program to provide ongoing program support for ffie City of Saint Paul's Regional Hazazdous Materials Response Teazn. RecommendaGons: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this persoNfirm,ever worked under a contract for this department'? CIB Committee Yes No � Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No - � � 3. Does this person/firm possess a skill not normally possessed by any � current city employee? . Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wh�: � The State of 1Vlinnesota has awarded the City of Saint Paul $50,000.00 to receive 1�aining and purchase equipment to provide ongoing support of the Regional Hazazdous Materials Response Teazn. The team provides response, techuical assessment and support for liazardous material. incidents azound the state, and as such, provides a specific response capability sought by the State Hoxneland Security Shategy. AdvaMages If Approved: The City of Saint Paul will have the ability to receive haining and pwchase equipment to enhance their ability to respond to a hazazdous materials incident. Tlus improved capability will ensure greater safety for the residents and employees of Saint Paul. DisadvantasteslfApproved: � None. DisadvanWges If Not Approved: Lost opportunity to secure adequate funding for critical equipxnent evBancements impacting hazazdous material responses for the Depaziment of Fire and Safety Services. � � � � � �� � � Total Amount of S� �� � - � 50000 CosURevenueBudgeted: ,ls�S� s?� ��`t?�F Transaction: Fundinq Source: Gfy�t Ac[ivily Number: �� � Eq ��� ��gPy p� CyI { t.,^,s�m`�= : .���;�Y^Pt � .�r�f � �JA G. e Financial Information: (Explain) JUN 7 2005 Council File # Green Sheet # Presented By. RESOLUTION CITY,QF SA1NT PAUL, MINNESOTA ��a53 3025447 Z�` Referred To: Committee: Date z a a s e � a s �o �� �z 13 14 W HEREAS, the Departrnent of Fire and Safety Services is,seeking a grant to purchase equipmert and provide training and exercises forthe Fire DepartmenYs Regional Hazsrcfous Materiais Response Team, and = :I: -� W HEREAS, public safiety o�cials from the City of Saint Pauf have diligentiy worked with public safety officiais throughout the state Yo build a statewide hazardous materials response capability in order to preserve the Iffe and safety of citizens and to satisfy elements of the State Homeland Security Strategy, and W HEREAS, the maintenance of the Regional Hazarclous Materials Response Team operated by the Department of Fire and Safety Services ensures a continued technical capability available to the citizens of Saint Paui, a response capability available statewide via a contract-for-services, and achieves spec�c goals and objectives of the State Homeland Security Strategy, and W HEREAS, upon receipt of this grant, the City is obligated to appropriate the grant amount of $50,000.00, and ,s NOW THEREFORE aT BE RESOLVED, that the proper City officials are hereby authorized and directed to ie execute an application for the City of Saint Paul's DepartrneM of Fire and Safety Services to apply for the n 2005 State Homeland Security Program Grant; a copy of safd application is to be kept on file and of record ,s in the Office of Financial Services. ,s � zi � z.t 2a zs � Requested by Department of: � Adopted byCouncil: Date��il,�3,�iDS Adoption Cert�ed by Council Secretary: � Approved tyy �it�or. Date � by Director of Financial Services: by City . for Sul � .. ' • . . . , b5 S35 . - _ . . "STATE OF.MIlVNESOTA TiSEIvI Grant # 2005-�HSP-00477 ' GRA1�T CO1�TR,ACT `_ . This grant.contract is betweeu tlie Sfiate of Minnesota, acting through its� Commissioner of Pubfic Safeiv, Division of Homeland Securitv and Emergenc Mana¢ement 444 Cedar S#reet Snite 223 St Paul Ivfinnesota 55101-6223 ("Staie") and City of St. Pau1.15 W Kelfoe� BovIevazd. St Paul Minnesota 55101 ("Crrantee"). . . . Recitals 1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2(4) the State is empo�,�rered to aliocate and disburse federal funds made avaitable througfi the Department of HomeIand Security and is empowered to enter � into this grant conhact, " 2 The State is in need of the distribution of federal £unds to eligible graut recipients pertaining to the 2005 Homeland Security Grant Rrogram, Awazd Number 2005-GE-TS-0019, to purchase equipment for protecting first responders and strengthen teriorism response capabiltties by praviding funding for exercises, training, planning and organizational activities. 3 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant - contracY to the satisfaction af the State. - • -- - - .. � . .... . . Grant Contract 1. Term of Grant Contrack 1.1 Effectz've date: Mav I5, 2005, or the date the State obtains all requirecl signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is lat�r. Once this grant contract is fully executed, the Grantee may claim rennbursement for expendit�ues incurred puzsuant to Clause 4.2 of this grant contract. Reimbursemenfs will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: Mazch 31, ZOD7 or until ail obligations have been satisfactorily fulfilled, whichever occurs first. 13 Survzval of Terms. The foIlowing clauses survive the expirafion or canceliation of this grant contract:. 8. Liability; 9. State Audits; 10. Govemment Data Praetices; 12. Publicity and . Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who"is not a state employee, wil�: 2.1 Perform the work in the Grantee's 2005 Homeland Security Grant Program Application, Attachment A, which is attached and incorporated into this grant contract. Approved equipment, exercise, training, planning, organizational, and/or management and administration costs identified in Attachment A were approved from the 2005 Homeland Security Crrant Program Guidelines incorporated into tlus grant contract by reference. 2.2 Comply with all program guidelines specified in the 2005 Homeland Security Program Grant Application Packet provided to the Grantee by the State, and will comply with the standards and reguirements 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 incorporated into this grant contract. b. Federal Assurances, labeled Attachment C, which is attached and incorporafed into this grant contract. 2005 Homeland Security ProQram (04/O5) PAryp i - • • �-531' � .- . • - . . ' . � M1 , . _;��,. r'- HSEM Grant # 2005-SHSP-00477 c. �rantees receiying $ i0d,006.00`or more must complete and retum fihe Certification Regazding ° Lobbying form; l�beled Attachment D, which is attachecl and incorporated into this grant contract _ . 23 Funds approved under this grant contract shall be used to snpplemenf, and sliall not be used to _ snpplant, non-federal funds dedicated tA this effort: The Grantee may be required to supply - documentarion 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 training to their employees concerning the use o£ equipment purchased through ttus grant cantract, and shall not permit the equipmenY to be tampered with or operated by individtials who aie not properly. trained. _ 2.5 Assuu�e total responsibility of the_proper handling, use, and maintenance of Yhe equipment and bear all costs of maintenance, repair and/or repTacement related to equipment. Equipment purchased through this grant conh�act is the property of the Grantee. . 2.6 When practicabie, any equipment purehased witli grant funding shall be prominently marked as follows: "Purchased wifh funds provided by the U.S. Department of Homeland Seeuriry". 2.7 Compiy with a11 program guidelines specified in the 200� Homeland Security Grant Program Guidelines provided to the �antee by the State and incorporated into ttris grant contract by . reference. Spe�ificaFIy; the Grantee is required to develop, implement, and adopt Natianal Incident Management SysYem (1�71I�I5), and Homeland SecurityPresidential Directive (�ISPD) that is comprised of 8 initiatives in their jurisdiction and the Grantee is required to document and submit documentation to the State to support proof of compliance. 3 Time . The Grantee must compFy with a11 the time requirements described in this grant contract. In the performance of this grant contra�t, 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 foliows: (1) Compensation. T'he Grantee will be reimbursed an amount not to exceed $50,000.00 according to the breakdown of costs specified in Grantee's 200� Homeland Security Grant Program Application, AtEachment A, which is attached and incorporated into this grant contract. The Grantee wiIf submit a written change request for any substitution of budget items in Attachment A, or any deviation 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 agproved budget category amount must be given in writing to the State's Authorized Representative and at least 60 days prior to the Expirafion 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 Authorized Representative. Requests must be approved prior to any expenditure by the Grantee. (2) Matc/ting Requirem.ents. (If Applicable.) Grantee certifies that the foliowing matching requirement, for the grant contract, will be met by the Grantee: $0_00. (3) Total Obligation. The totai obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed S50.000.00 . 4.2 Payment 2005 I�omeland Security Prograzn (04/OS) p � os-S3S HSEM Cnant # 2005-SHSP-00477 (1) Grant Billing Form The, State wili prompfly pay the Grantee aftez the Granfee presents a Cnant ;: BiIling Fomi for the services actually perfarmed and tlie State's Aufhorized Representative accepts the invdiced services. Cnant Billing Form must be snbmi�ted timely and"accozdiug to the following scheckule: a. Grantee will submit ttie Cnant Billing Form along with copies of Cnantee's itemized invoices - for actual costs incurred at least bz-annually due June 30-and December 31 for:the. &fe af the . grant, but nofimore often than monthly and within 30 days of the period covered by the Grant Billing Fonri. . b. E�cpenditures for each state fiscai year (July through Jnne) of this grant contract must be for services satisfactorily performed urithin applicable state fiscal yeaz. Rinal Gzant Billing Form perfaining Yo the frrst sfate fiscal yeaz of this grant contract must be received by the S#ate no later thau August 15, 2005. Reimbursements from the second state fiscal year may commence on or after July 1, 2005. The final Grant Billing Form pertaining to the second state fiscal yeaz of this grant contract must be received by the State no later than Angust 15, 2006. Reimbursements from the third state fiscal yeaz may commence on or after July 1, 2006. The finat Cnant Billing Form pertaining,to fhe third state fiscal yeaz of this grant coniract must be received by the State within 45 days of the Expiration date of this grant . contract. - c. Grantee wi11 submit financial and narrative performance reports at least bi-annually due Tune 30 and December 31, for the life of the grant, but not more often than monthly. The narrafive performance report shall consist of a comparison of actual accompiishments to the approved work plan in Attachment A. These reports must be submitted before reunbursement ��ill be paid. (2) Federal, fiznds. (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 CFDA # 97.067 Public Law 108-334 DeDartment of Homeland Securitv Appronriations Act of 2005. The Grantee is responsible for compliance with ail federal requirements imposed on �hese funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. Conditions of Payment Ali services provided by the Grantee under this grant coniract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Represeutative and in accordance with a11 applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Sharon Olson. Grants Snecialist Division of Horneland Securitv and Emer2encv Manaeement 444 Cedar Street Suite 223 St Paul MN 55101 vhone (6511282-5392 fax (6511296-0459 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 aze satisfactory, the State's Authorized Representative will certify acceptance on each Grant Billing Form submitted for payment. The Grantee's Authorized Itepresentative is Tim Butler, Emer2encv Manaeement and 2005 Homeland Security program (04/OS) paQP '� os-s3S r� - i ` - HSEM Grant # 2005-SHSP-00477 - CQnununicatioiis Chief St Paul Fire and Safetv Services T00 E Elevea�h'S�eet St Paiil Minnesota 55101, �hone (651) "228-6235 €ax (6511228 6255. If the Grantee's Author�zed Kepresentative changes at any iime during this grant cpnfract, the G�ante� must immediateiy notify the State. Assignment� A�mendments, Waiver, and Grant Contracf Complete -- 7.1 �Lrsignment The Grantee may neither assign nor transfez any rights or obligations under #his gant contra�t withbut the prior consent of the Sfate and a fully executed Ass'ignment . Agreement, executed and approved by the same parties who executed and approve& this grant contract, or their successors in office. 7.2 Ameizdments. Any amendment to this grant contract must be in writing aud will not be - effective tintil it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enfbrce any,provision of this grant contract, that failure does not waive the provision or its right to enforce.it. _ 7.4 Grant Coniract 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 pariy: - . Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from auy elaims or causes of action, inclnding attomey's fees incurred by the State, arising &om the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be cbnstrued to baz any legal reinedies the Grantee may have for the,State's failure ta fulfill its obligations under this grant cantract. State Audits Under Miim. 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 Legisiative Auditor, as appropriate, for a min;mum of six yeazs from tha end of this grant contract. 10 Government Data Practices � The Grantee and State must compiy with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to a11 data provided by the State under this grant contract, and as it applies to all data created, cotlected, 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 Crrantee 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. "fhe 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 Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertainuig to workers' compensation insurance coverage. The Grantee's emgloyees and agents will not be considered State employees. Any claims thax may arise under the Minnesota Workers' Compensation Act on behalf of these empioyees and any claims made by any third party as a 2005 Homeland Securitv Proeram (04/051 n,.,P a �S S3� - � • HSE2vI�Grant # 2005-SHSP-00477 cansequence of any act or omission on the part of these employees aze an no way fhe Sta#e's _-- obligation or responsibility. ` � � ,_ _ - . 12 Publicity and Endorsement 12. iPublicity.. Any publicity regarding the subj�ct matter of this grant contract musf identify the . : State aud the Department of HomeTand Security ss the 5ponsoring agency and mustnot be released without prior written approval from the State's Authorized Representa$ve. All publications created with fundiug under fhis grant contiact shatl prominenfly contain the foliowing statement: "Ttus document was prepazed under a graat from the Office of Sfa4e and Loca1 Govemment Coordination and Prepazedness (SLGCP), TI.S. Department of Homeland . � Security. Points of view or opinions ezpressed in this document aze those ofthe authors and do not necessarilg represent the official position or poficies of SLGCP or the U.S. Depatfimenf of Homeland Security." For purposes of this provision, publicity includes notices, . informational pamphlets, press releases, reseazch, reports, signs, and similaz pubiie nofices prepazed by or for #he Grantee individually or j oinfly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and inevocable license to reproduce, publish, or othe�wise use, and authorize others "to use, for federal "" - govemment purposes: (1) the copyright in any work developed undez an award or sub-awazd; and (2) any rig}its of eopyright to which a recipient or subceeipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regazding the allocation of any patent rights that arise from, or are purchased with, this.funding.. 12.2Endorsement. The Grantee must not claim that the State endorses its prdducts ot services. 13 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, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14. t Terminatian by tlze State. The State may cancel this grant contsact at any time, with or. without cause, upon 30 days' written notice to the Grantee. Upon termination; the Grantee will be entitied to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2Termixation for Insufficient Funding. The State may immediately term.inate this grant contract if it does not obtain funding from the Minnesota Legislatuie, or other funding source; or if funding cannot be continued at a level su£ficient to allow for the payment of fhe services covered here. Terminarion must be by written or fas 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 entitied to payment, determined on a pro rafa basis, for services satisfactorily.perfornied to the extent that funds aze available. The State wili 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. 143Termination for Failure to Comply. The Sfate may cancel this grant contract immediately if the State finds that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been made or that the purpose for which the funds were granted 2005 Homeland Securitv Pr�oram ([14/O51 n.,,., c �,-S3S : HSEM Grant # 2005-SHSP-00477 ` have not been or will.not be fulfilled. _The Stafe may take action to protect the interesfs of the State of Minnesota, including the refusal to distiurse additional funds and requirin� the retum of all or part of the funds already disbutsed: . 15 Dafa Disclosure _ , � Y Under 1VIinn. Stat § 270.66, and other applicable law, the Cnantee consents to disclosure of its " sociai security number, federal employer taY identification niimber, and/or 2vlinnesota taz identification number, already provided to the State, to federal and state tax agencies and state personnei involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state t� laws which could result in actibn requiring the Grautee to file state tax returns and pay delinquent state tax liabi�it�es, i£ an�, or pay otheF state liabilities. 1. ENCUMBRANCE VEgIFICATION Indivrdnml cenifigs tha�funds Fmve 6een enaonbered ¢s reguired byMinn. Smt §§ 16A.15 and 16C.05. 3igned: 3. SPATE AGENCY By: ' � (with delegazed authoriry) Title: Date: � �' Date: .. Grant Contract No 2005-SHSP-00477 / 2000-10370 2. GRANTEE The Grarstee cerhfies that the approp�iate person(sJ �have executed thegrmrt rontract on behatf of the Grmetee ar reguired by applicable m�tic/u, bylaws, resolutians, or ordinm�ces. By: Tit1e: Daze: By: _ Tille: Date:' 9 Disfibution: DPS/FAS Grantee State's Auihorized Representatic: a �nnc u,,,„o t.,.,a co,...„.., v_,,,.��.„ mninc� P�rtP � bS�3S � 03/14/2005 69:05 651226�255 CIN STPAIA FIRE . ATTACHiVIEI�iT A -. , _ :`'�:� ;` =�, ; ; Ity Saint Paui counry Ramsey � s�ate: MN zip .� �mail Address ti7n.bu�ter�cis#pa�:J,m�.us + �Fax Number � 651 228-6255 Please enter the amount awarded fo yourJurisdicfion for ward Amount thls gre� Confact HS�M staff Jf thls amounf is noE known. $ 50 by County wvtc vs,IECTIVES - P)ease expfain how the resources requesfad in ffiis application will enhance youl' isdictian's abllity Eo prevent a terrorlst act and be prepared fo demonstrate how homeland sec�rity will be p'roved. Afso, please indlcafe how fhe specitic items requested-support and are consisfent with the overaU� ife Homeland Security Strategy. e resources reqaesfed� in'Ehis appTcaliort wi�! en�tance the Gbty of Sair�t PaUi's abilify to mitigate, prepare , r:espond to, & recover frAtn a C�f2NE incidenf, including terrorist eVerits, by ensuring City responders ve appropriate �q�iprnenE fia d�iect CBRIYE agerfis. 5uch equipt�tent wil! directly s.upp.ott regionai and teuride responge teams operated by fhe City, & dir.ectly supportfhe goals & objec�ives of the State HS afeov ' • • • . 3 STRAt'EGY L{NK -Explain how resources requesfed support tfie overall State Homeland Security 9y. In addition, pfease referenae the specific goais and o6jectives identified in the State Strategy that requested equipment needs address: e resour.ces requested in 9�,is appl'FCatibn dl�eeUy support efEoris to regionalize CBRNE reponse capabilities and build the �a�fY Lo d`etect CBRNE agerrts thcon9h0at the State, The resourcas requesied directdy st�port the goeis & o of e MN Sfate Homelatad Sec�dtyaStrdtegy. SpeelHcally, C�oai 4, Objectiva F, fmptemenLaflon Ste�s 7; and at 5, Objective impl.emanfa6Ua Step 2. .S C . Nama �f s{�51���.3.���o�-r . 2005 STATE HOMELAND S�CURITY GRANT PROGRAM_ Must be s�bmitted by close of business MARCN 11, 2005 Git�{.af�aintPauf, Minr�esota — Fj�-e, i7 ��-��'�' . � r� B��' • Phone 6� Fir� �ieEaency �Aanagemere# a�d..Cornrr�unications Chief i Dispersed to Citlesliownshlps . $ , ��u�� �'A?E � �,.n,�o��n c4„�..__. Er � O� Paul Date: 11-Mar-06 ��,�� �-� ¢ �s�o ��,��� �S m 2005 STATE HOMELAND SECUR('fY GRANT PR06RAM . EQU(PMENT WOk�KSHEET. � - Please use fhe highiighfed. lines below each cafegory to indicate intended equipment.purchases. If more lines are fequired, use fhose provided on fhe "Add9 Eqpt Lirtes" tab. . � ` UNIT PRICE SHOULD WCLUDE TAX AND SHIPPINGMANDLING EXPENSES . " DISCIPLINE AFIOCATI0t1; Piease use the drop-down list fo indcate the allocated dscipl'ine for the un�ts (QTY) to be purchased. For exampi_, if seven units are to be purchased for Hazardous Maferiats, seled the HZ value. If morethan one dscipGne is receia(ing purchased units, specify the aliocation using subsequent lines as shoum in the example. Disapfine � LE- Law Enfo'cement � � FS - Fue Service � PS - Pubfic Heatth � Abbreviations: EMS-Emergenry�[alServices � HZ-HaardousMaterials GA-Govemmen}alAdmin¢trative ' - EMA-Emer9e�rc.yN�ana9ement _ PW-WbGCWwks HC-HealttrCare� . . PSC-PubRcSaEety Communications 2. Explosive Device Mitiqation & Remediation Eauipment Bomb Sauads ONL 3. Chemicai, Biological, Radiological, Pluclear and Explosives (CBRNE) Search and Rescue Eauioment � � � � � � � � � � 0 0 0 � � s . ""ODP PROJECT: Piease use the droo-down list fo select the ODP pre-deflned oroiect titie for each eouioment reauested. � - 53s 20Q5 STATE HOMELAND SECURITY GRANT PROGRAM- - ��> r 0 0 0 0 !� n.,..o e _z 8. Decontamination Equipment Item Unit Price• QTY Total Disc` ODP Project Receiving Jurisdiction - c��� 2Q05 STATE HOMELAND SECUR(TY GRANT PROGRAM 16. Aqricuifural Terrorism „_ ._ . ..:;.. ..: _�_ _.. _ __ :_, „4. :.-��:.. _� :_.. .-.__.- .:.. .:=�_s S --� :, - - S - ;:: _ _ - -- _- S - __-- -----_ - -- = ---- -=_---- ' ___ $ _ '- ` _ '.`:i.: _ ' '_- - _�::r',:.._ _ � _ - $ - ':ii:_ - ^ 'h'v' �:;. ��'_-;�u' �_ ' = - a — - - - -- �S- s3 S 2005 STATE HOMEL'AND SECURIN 6RANT PROGRAM 21. Other Authorized 0 0 � C a 0 e Total E uipment Amount Requested $ 45,00� G � LL o� LL a = � � z � I.L C9 Q F � � w W 'n � v � ❑ Q � J m G C � fl � S � U F W N X tn W 0 0 N � O N m C C a 3 R 1 N C R � F- O 5 J "I � y �v�� 3:=°.� . p�';°�-s ' ' a ?. C C d ' a : ': " ^�. _ v ���. � m m m o a U – O (3 C O > N � U t6 d � � X C O O Q O �� O a y � � � � �, � � � � 4 3 U O N t a y � � fl m �- � a � LL! °- = � T � � t C N d � @ C � N � y N y � U C � m x u; w N i . X -C m U m 3 � `o � � o � L C N p fl- �V O N N � Q 4- N O .� N U � � 3 � Z � i �e � oS U m - a N � T 7 U m y V F 6 E x � � � � v x a � � .,...p d ' L n V w .� U N N � c K d O _ .� +- � � 0 0 N N m � RS C � � � Q I-- W 11.1 z � � � � Z 11.� � � � W C � '� � � L Q � �� � S � � � � � N (6 C 's= = Q 3 0 w � Q O � .-. N � ✓ � � � � � U � � a � .0 •= � " O � � � � � O 3 � a�i �� m �°� v U O nT � � 4 � � O � � Q U Sl7 N (t$ U w � L L ,_ � w �� `o � C 3 � � � � � .N w °' c c � � � O ��•� � o s � � 11.1 N N C L � N � O N N � � � � � . 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Q � 1 -��`„�� _ • - <6 ��: O' �� ' " ". � —?�� 0 � C �� 0 �H m � : y _ c�: _ � � � �. W -.� _= N ���' - ` �'-.--�-� z�- � _ �� �.�._�� - U �-.�-:.3. , �`�_� y �"��,-,-, - - ' o °�,�- �=, _ y .��„�.�: - ¢ �' � "�� :j y �i^�'-�_ _ T^.: � . � �+;-.',.�F 64 , N -= �'a - ° . N ';'?�ti �l -"�_x.�.:_-, ' N c ��i f3�Ti ��. ;�q .-:� y`'z _Sa ' ��� �. �'-�'- o ti.i a�f � ' U t_- -,� a F �� N �-- �� �- U �; � Ll� ��_ 7 7 ?rt��� w � O� ;��, m a � �: E a <-,�:LL Z O `�'.` m m `o> c —> .� � � � � . o F., o � � C9 ° ' . ❑ � � � m � . U N � N Q .' � � � a c m C . .� C C C N a m w L U L 3 0 ID c .� U N 0 m .� 0 � m � w Q � c C� a 3 U � � � x 0 � w h _ � a 0 053 3S � � � O � a f"' � � F�- Q ' � U W N 0 Z J w � 0 2 W Q F V/ � O O N r " � � 2 N Y 0 � F- � 0 m L.Ld f' � v! Z � ° a � Z � W V Z G� � v °� N �L 3 � w Q d � � � O U w � a � t- � Z � O a 0 Z Q H Z W � W c� ¢ Z � W J m � � J J Q w 0 c � 0 E �. a L � 3 m c � - s � _ N N N 0 g -� Q. _� o � �' � > c �� o N � C � > � � N L � N c •- �u = c a N Q � � � � � � m c � � � � � - o � � � a� � m �� � E n � a � N. � X � � � � N � U .'�., O � O 64 C 7 O E N � 0 � � 0 .° � N c R n�+ m Q � O Z O � N _ � 0 � � a �S � m � � . > R C �. � U y 0 N 0 �T O E 3 N a Y h N L 3 � _ m 2 X CS w c d L n� v N 4 � � U Q N L O � N � � �a s� JC 4 o n � � o� a � N v � a � v a U C 3 � .°� "c N v � L � a � � a w m. � � a � V � o � 0 L m � @ N m � c N N � a � � � � v � � � v c y � U N � L L � � O � = C N Q Q ' O N O. � � � o � � N U Q � � � z �' t [ � � > �' n N m I.i� c 0 :+ V _ � L 7 7 k =- =t U r:2-`_. r_ �, �_ --_ 'n a� '. � � N U H} Ef. � w � � Q x � 7 O S d / � �f 3 Z � 0 al w � U � N C d Q W V ca � � y � w ' w � � � m � Q = ` O ° U I � � i 0 O V � � C � L 2 U a c � v � � � � U L � O .., C � •- � O �- v.. p N R O � Z a� � C � Y N _C o Q O �7 � � � � O U1 N N � U a� � c C a� � Q .� s N � � � � � � N � L � � � N � c4 � � O ^ °� o L W � �� � � h N � c N s � G � �.:-. � -�Y. EFT, `�:;�• 6f} N � � � O Q. � � .� .� �a � O N � � O i � Q � N .� rn � � T � 3 U � ; _ Q� L � O Y � � .c � N � Q � �� � W � �- c � � � 2 7 U � U t6 O � cn� � � W f-- � W � C1 Ltl � I--� Z � O � Q � � �. (." � Z � 0 Q � F Z W � w � a Z Q � J H O 1-- os ' HSEM Grant # 2005-SHS�-00477 ATTACHIV�NT B F�DERAI. AUDIT REQUIl2EIVIENTS 1. For subrecinients that are state or local eovemments non-profit oreanizations or Indian tribes If fhe grantee exgends total federal assistance of $500,000 or more pei year, the grantee agrees to obtain either a_ _ single audit or a program-speeific audit made for the fiscal year in accordance wirh the terms of the Single Audit Act Amendments of d 996, Audits shall be made annually unless the state or locat government has, by January 1,1987, a constitutional or statutory requirement for less frequent audits. Fnr those governments, the federal cogivzant 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, 1387. For subrecipients that are institutions of higher education or hasnitals If the grante.e expends total direct and indirect federal assistance of $500,000 or more per yeaz, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Cixculaz A-110 "Requirements for Crrants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either tt�e entire organization or all federal funds of the organization. The audit must determine whether fhe subrecipient spent federal assistance funds in accordance with apglicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local govemment auditor or a public accountant who meets the independence standards specified in the General Accounting Office's `.`Standards for Audit of Governmental Organizations, Programs, Activities, and Functions: ' The audit report shall state that the audit was performed in accordance with the provisions of OMB Circulaz A- 133 (or A-110 as appiicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accoun2s' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the reeipient shall provide comments on the findings and recommendations inthe report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not aecessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor desi�ated by the grantor shall have such access to grantee's records and financial statements as may be necessazy for the grantor to comply with the Single Audit Act Amendments of 1946 and OM$ Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required Yo comply with the Single Audit Act and OMB Circular A-133. 6. The Statement of Expendittues fortn can be used for the schedule of federal assistance. 2005 Hnmelan/l Ct�cnritv Prnaram ((ld/(1Sl , PaaP R-7 oS 3S m : _ HSEM Grant # 2005-SHSP-00477 7. . The grantee agrees to retain documentation to support the schedule of federal assistance for at least-four years. � OMB Circular A-133 requires recipients of more than $50o,000 infedernt fundstci submit one copy of the audit report within 30 days after issuance fo the central cIearinghouse at the folIowing address: Bureau of the Census � Data Prepazation Division . . . 120i East lOth Street Jeffersonville, Indiana 47132 _ a 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 Admiriistrative Services 444 Cedar Street Suite 126, Town Squaze St. Paul, MN 55101-5126 2005 Homeland Securitv Proaram (04/O51 Paae R-� . ' ' , os -S-3S HSEM Grant # 2005-SHS�-00477 - - AT"TACHI!'�NT C F'EDERAL ASSURANCES 4 The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and regvitements, including OIvIB Circulars No. A-21, A-110, A-I22, A-I28, A-87; E.O. 12372 and iTniform Adnunistrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rale, that govem the applicafion, acceptance and i2se of �ederal funds for this federally-assisted project: Also the Applicant assures and certifies that: . ' - I. It possesses legal authority to apply for the grant; that a resolution, moffon or similaz action has been duly adopted or passed as an official act of the applicanPs goveming body, authorizing the filing of the application, including all understandings and assucances contained therein, and d'uecting and authorizing the person identified as the official representative of the applicant to act in connectiou with the application and to provide such additional informafion may be reqrrired. _. 2. It will comply with requirements of the grovisions of tha Uniform Relocatian Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) wfiich provides for fair and equitabie treattnent of persons displaced as a result of Federal and federally-assisted programs. _ _ 3. It will comply with provisions of Federal law which Iimit certain political acrivities of employees of a State or local unit of government whose principal employment is in connecfion with an activity financed in whole or in part by Federal grants (5 USC 1501, et seq.).. 4. It will eomply with the .ninin,� � and maximum hours provisions of the Federal �air Labor Standazds Act. �. It will establish safeguazds to prolubit empIoyees 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 othexs, particulazly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptrolier General, thxough any authorized representative, access to and the right to examine ali records, books, papers, or documents related to the grant. 7. It wi11 comply with ail requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other aduunistrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the aceomplishment of the project are not &sted on the Environmental Protection Agency's (EPA) list of Violafing Facilities and that it wili notify the Federal grantor agency of ttie receipt of any communieation from the Director of Yhe EPA Office of Federal Activifies indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the f2ood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public L,aw 93-234, 87 Stat. 975, approved Decembez 31, 1976, Section 102(a) requires, on and after Mazch 2, 1975, the purchase of flood insucance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for conshuction or acquisition purposes fox use in any azea that has been identified by the Secretary of the Department of Housing and Urban Development as an azea having special flood hazards. The phrase "Federal financial assistance" 2005 HomeIand Security Proeram (04/O51 ponP r_i � �'535. HSE?vI Grant # 2005-SHSP-00477 includes any form of loan, gcant, guazanty, in� payment, rebaTe, subsidy, disaster assistance loan or grant, or any ofhar form of direct or iridirect Federal assistance. 10. It will assist tha Federal grantor agency in its compliance with Section 106 of the National Historic PreseFVa�ion Aet of 1966 as amended (26 USC 470}, Executive Order 11593, and the Archeological and . Historical Preservation Act of 1966 (16 USC 564a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary; to ident�y properties listed in or eligible for inclusion in the Nafional Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federai grantor agency of the e�stence of any such properties and bq (b} complying with all raquirements estabLished by the Federal grantor agency to avoid or mitigate adverse effects upon such properties: 11. It will comply, and assure the compliance of all its sub-grantees and coniractors, with the applicable provisions of Title I ofttie Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crnne Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulazs, or regulations. _,._.__. _ __.�. ,__..._. ... . - -.�.._ . ,..�.-...__,_ 12. It will comply with the provisions of 28 CFR applicabie to grants and cooperative agreements inctuding Parf 18, Admiiustrative Review Proeedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentialiry of Identifiable Reseazch and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 3Q Intergovemmentai Review of Department of Justice Programs and Activities; Part 42, Nondiscriminazion/Equal Employment Oppormnity Policies and Procedures; Part 61, Procedures for Implemenfing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federai Assistance Programs. 13. It will comply, and all its contractors will comgly, with the non-discrimination requirements 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 of 1973, as amended; Subtifle A, Title II of the Americans with Disabilities Act (ADA) (1990); Tifle IX of the Education Amendments of 1972; the Age Discrimination Act o€1975; Deparfinent of Jusfice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 19. In the event a Federal or State court or Federal or State adnuiustrative agency makes a finding of discriminafion aRet a due proeess hearing on the gounds 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 Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 9734$) dated October 19, 1982 (16 USC 3501 et seq.) which piohibits fhe expenditure ofmost new Federal funds within the units of the Coastal Bazrier Resources System. 2005 Homeland Security Pro¢ram (04/OS) Pave �-2 � - ., . . � - S35 . °: . - .� HSEM Grant # 2005-SHSP-00477 ATTACHI��NT D CERTIk'ICAT�ON REGARDIlVG LOSBYING For State o£Minnesota Con�acts and Crrants over.$100,000 The undersigned certifies, to the best of his or her knowledge and belief that: (1) No FederaI appropriated funds have been paid or wifl be paid, by or on hehalf of the undersigned, to anyperson 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 cooperafive agreement, and the extension, continuation, renewai, amendment, or modifir,a#ion of any Federai contzact, grant, loan, or cooperafive aQreement. (2} ff any funds other than Federal appropriated funds have been paid or wili be paid to any person for influencing or attempting to influence an o�cer or employee of any agency, A Member of Congress, an officer or employee ofi Congress, or an of a Member of in connection with this Federal contraet, grant,l6an, or cooperative agreement, the tmdersigned shall complete and submit Standazd Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned sha11 require that the language of this certification be inciuded in fhe awazd documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and coopexative agreements) and that atl 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 certificafion 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 TiUe of Official Signing for Organization � Signature of Officiai Date 2005 Homeland Security program (04/OS) Page D-1