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05-536RESOLUTION SAINT PAUL, MINNESOTA Presented By: Council File # Green Sheet # DS-S3 3026610 � Referred To: Committee: Date � 2 3 4 5 6 � a 9 �o ii 12 13 14 is 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 applied for and received the attached 2005 Homeland Security Program Grant for $700,000.00 from the State of Minnesota to allow the City of Saint Paul to upgrade the public safety radio system by converting to the 800 Mhz system, and WHEREAS, the funding will be used to purchase equipment to replace the aging City of Saint Paul Police and Fire mobile and portable radios with 800 Mhz radios that are compatible with the Metropolitan Radio System to help provide Saint Paul responders with the interoperable radio capabilities directly supporting the homeland security strategy, goals, and objectives of the Urban Area Security Initiative, and WHEREAS, the Department of Fire and Safety Services was given approval in Council Resolution 05-252 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. Adopted by Council: Date J�'l.0 �S Adoption Certifie�y Council Secretary: By- Approved �or: Date fi � Requested by Department of: By: by City Attorney: � �.,� Approval Recommended by Director of Financial Services: � Green Sheet Green Sheet OS 5 3 h Green Sheet Green Sheet Green Sheet Green Sheet � Departmenf/office/council: Date Initiated: FR — F� 2s-nna.Y-os Green Sheet NO: 3026610 Co�rtad Person & Phone• Deoartment Sent To Person I""al/Date Tim Butler � 0 're ' '�� A55ign 1 're D artmentDirector Must Be on Council P�qenda by (Date): Number Z ��, �� Fof 3 r' ffice Ma odAssisfant Routing Ofder 4 ouncil 5 i Clerk Ci Cierk Total # of Signature Pages �(Clip All Locations for Signature) Action Requested: Approval of the attached CouncIl Resolution authorizing the Deparhnent of Fue and Safety Services to accept the gant of $70Q000.00 from the State of Minnesota for the 2005 Homeland Security Graut Program to upgrade the public safety radio system by converting to the 800 MUz system Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Followi�g Questions: Planning Commission 1. Has this personffirtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current city employee? Yes No. F�cplain all yes answers on separate sheet and attach to 9reen sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The State of Minnesota has awarded the City of Saint Paul $700,000.00 to purchase 800 Ml�z radio equipment for the Department of Fire and Safety Services and the Police Deparhnent. Such interoperable communications equipment is a specific goal of the Urban Area Security Strategy. AdvantageslfApproved: The City of Saint Paul will be able to fund significant portion of the mobile and portabie radio needs of the Police and Fue Departments and help integrate our coumnmications with other exnergency deparuueuts azound the me4o azea. The safety of ow responders and the citizens will be significantly enhanced by operating on the regiona1800 Ml�z system. DisadvanWges If Approved: None. Disadvantages If Not Approved: I.ost opportunity to secure adequate funding for critical public safety systems impacting all aspects of emergency responses for the Police and Fire and Safety Services. ��•r�* �an � Total Amount of �00000 CastlRevenue Budgeted: �� Transaction: FundingSource: Gfant ActivityNumber. r e�A^w .,�� t I . . � Financial Information: P� �,�.�. � +g- � '` � ^g' (Explain) �� n��1 �i�::_L, �!! M � T�A� 3 �'�� t3i� 6 �46�� oS' - �3� Couna7 File # 5 - a52 Green Sheef # 3025446 Presented By; RESOLUTION SAINT PAUL, MINNESOTA �Q� W Referred To: Committee: Date � � W HEREAS, the Department of Fire and Safety Services is seeking a grant to replace the aging City of Saint 2 Paul Police and Fire mobile and portable radios with 800 Mhz rados thaf are compa6'ble with the Metropolitan s Radio Sysfem to help provide Saint Paui responders with the inferoperable radio capabil'rties direct(y supporting a supporting the homeland security strategy, gbats, and objectives of tFie Ufian Area Security initiative, and s W HEREAS, public safety o�cials firom the City of Saint Paul have diligentiy worked wifh public safety � officiais from Hennepin, Ramsey, and Dakota Counties, the City of Minneapolis, and the State of Minnesota a Department of Homeland Security and Emergency Management to identify and imp►ement a metropolitan a area strategy for homeland security, and �o � „ WHEREAS, the Federal Department of Homeland Security, acting through the State of Minnesota, is providing ,z funding necessary to build interoperable communications systems for pubiic safety responders across the �a metropolitan area, especially equipment designed to operate on the 800 Mhz Metropolitan Radio System, and ia is W HEREAS, upon receipt of this grant, the City is obligated to appropriate the grant amount of $700,000.00, and 18 ,� NOW THEREFORE IT BE RESOLVED, that the proper City officials are hereby authorized and direcfed to �a execute an application for the City of Saint Paul's Department of Fire and Safety Services to apply for the . ,s 2005 State Homeland Security Grant Program; a copy of said application is to be kept bn file and of record in zo the O�ce of Financial Services. z� � 23 24 25 Adopted by Councii: Date �.�i��3,�j1�� Requested by Department of: 're & Safe S rvices � Approval Recommended by Director of Financial Services: � os s3cp HSEM Grant # 2005-SHSP-00476 STATE OF NIIlVl\TESOTA GR�1VT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Division of Homeland SecuriN and Emer2encv Management 444 Cedar Street, Suite 223. SL Paul, Minnesota 55101-6223 ("State") and Citv of St. Paul. 15 W Kelloe� Boulevazd, St. Paul, Minnesota 55102 ("Grantee"). Recitals 1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2(4) the State is empowered to allocate and disburse federal funds made available through the Department of Homeland Security and is empowered to enter into this grant contract. 2 The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the 2005 Homeland Security Grant Program, Awazd Number 2005-GE-TS-0019, to purchase equipment for protecting first responders and strengthen terrorism response capabilities by providing funding for exercises, training, pIanning 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 Effective date: Mav 15. 2005, or the date the State obtains all required signatures under Miiuiesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fixlly executed, the Crrantee may claim reunbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: Mazch 31, 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices; 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 will: 2.1 Perform the work in the Grantee's 2005 Homeland Security Grant Program Applicadon, 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 Grant 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 standazds and requirements attached and incorporated into this grant contract. These additional standazds and requirements are the following: a. Federal Audit Requirements, labeled Attaclunent B, which is attached and incorporated into this �ant contract. b. Federal Assurances, labeled Attachment C, which is attached and incorporated into this grant coniract. 2005 Homeland Security Program (04/OS) Page 1 OS HSEM Crrant # 2005-SHSP-00476 c. Grantees receiving $100,000.00 or more must compiete and retum the Certification Regarding Lobbying form, labeled Aitachment D, which is attached and incorporated into this graut contract. 23 Funds approved under this grant contract shall be used to supplement, and shall not be used to supplant, non-federal funds dedicated to this effort. The Crrantee 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 training to theu 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 and/or replacement related to eguipment. Equipment purchased through this grant contract is the property of the Grantee. 2.6 When practicable, any equipment purchased with grant funding shall be prominently mazked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security". 2.7 Comply with all program guidelines specified in the 2005 Homeland Security Grant Program Guidelines provided to the Cnantee by the State and incorporated into this grant contract by reference. Specifically, the Grantee is required to develop, implement, and adopt National Incident Management System (NIMS), and Homeland Security Presidential D'uective (HSPD) 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 comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $700.000.00 according to the breakdown of costs specified in Grantee's 2005 Homeland Security Grant Program Application, Attachment A, which is attached and incorporated into this grant contract. The Grantee will 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 approved budget category amount must be given in writing to the State's Authorized Representative and at least 60 days prior to the Expuation 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) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $0 (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $700,000.00 . 4.2 Payment 2005 Homeland Security Program (04/05) Page 2 � S3t� HSEM Crrant # 2005-SHSP-00476 (1) Grant Bi[Iing.For»r. The State will promptly pay the Grantee after the Grantee presents a Cnant Billing Form for the services actuaily 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. Crrantee will submit the Crrant Billing 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 June) of this grant contract must be for services satisfactorily performed within applicable state fiscal yeaz. Final Crrant Billing Form pertainiug to the first state fiscal yeaz of this grant contract must be received by the State no later than 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 August 15, 2006. Reimbursements from the third state fiscal year may commence on or after July 1, 2006. The fmal Grant Billing Form pertaining to the third state fiscal yeaz 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 reports 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 report shail consist of a comparison of actual accomplishments to the approved work plan in Attachment A. These reports must be submitted before reimbursement will be paid. (2) Federalfunds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federai funds obtained by the State through CFDA # 97.067, Public Law 108-334, Department of Homeland Securitv Appropriations Act of 2005. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full fmancial responsibility for any requirements imposed by the Crrantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as deternuned at the sole discretion of the State's Authorized Representative and in accordance with all applicabie 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 Shazon Olson, Grants Soecialist, Division of Homeland Securitv and Emer�y Management. 444 Cedaz Street_ Suite 223. St. Paul, MN 55101, phone f 6511282-5392, f� (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 Representative is Tim Butier, Emer�encv Management and 2005 Homeland Security Pro�ra.m (04/OS) Page 3 o�-�3to HSEM Cnant # 2005-SHSP-00476 Communications Chief. St. Paul Fire and Safetv Services, 100 E Eleventh Staeet, St Paul. Minnesota �5101, phone (65 11 228-621 5. faY (651) 228-6255. If the Crrantee's Authorized Representarive changes at any time during this grant contract, the Crrantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this gtaut contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. _ 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enforce any provision of ttris graut 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 orai, may be used to bind either pariy. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Cnantee or the Grantee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obiigations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Cnantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State must compiy with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, coliected, received, stored, used, maintained, or disseminated by the Cnan2ee 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 Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining 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 party as a 2005 Homeland Security Program (04/OS) Page 4 �S HSEM Grant = 2005-SHSP-00476 consequence of any act or omission on the part of these employees aze in no wa5• the State's obligation or responsibility. 12 Publicity and Endorsement 12.1Publicity. Any publicity regazding the subj ect matter of this grant contract must identify the State and the Department of Homeland Security as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. Ali publications created with funding under this grant contract shall prominently contain the following statement: "This document was prepazed under a grant from the 4ffice of State and Local Government Coordination and Preparedness (SLGCP), U.S. Department of Homeland Security. Points of view or opinions e�ressed in this document aze those of the authors and do not necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeland Security." For purposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal govemment purposes: (1) the copyright in any work developed under an a«�azd or sub-awazd; and (2) any rights of copyright to which a recipient or subrecipient putchases ownership with Federal support. The Recipient agrees to consult with SLGCP regazding the allocation of any patent rights that arise from, or aze purchased with, this funding. 12.2Endorsement. The Grantee must not claim that the StaYe endorses its products or 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 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, detemuned on a pro rata basis, for services satisfactorily performed. 14.2Termination for Insuffzcient Funding. The State may immediately terminate this grant contract if it dozs not obtain funding from the Minnesota 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. Ternunarion must be by written or fas notice to the ('n•antee. The State is not obligated to pay for any services that ate provided after notice and effecti� date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is tenninated 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 State may cancel this grant contract immediately if the State fmds 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 Security Program (04/OS) Page 5 c�-S 3�e HSEM Grant # 2005-SHSP-00476 have not been or will not be fulfilled. The State may take action to protect the interests of ffie State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or 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 emplo; ta.z identification number, and/or Minnesota taz identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax la�vs which could result in action requiring the Crrantee to file state ta�� retums and pay delinquent state tas liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION Im7ividua! certifies thatfimds have been encumbered as reguired by Minn Smz §§ 16A.15 and 16C.05. 3. STATE AGENCY By: (with delegated authority} Title: Date: Grant contract No 2005-SHSP-00476 / 2000-10371 2. GRANTEE The Grantee cen�es that the appropriate person(sJ have executed the grmu contract on beh¢IjoJthe Grm�tee as reguired by appTicable m�ticles, bylmvs, resolutions, or ardinances. By: Title: Date: � Tide: Date: Date: Distribufion: DPS/FAS Grancee State's Authorized Representative 2005 Homeland Security Program (04/OS) Page 6 03/09/2005 18:37 6512256255 , CITY STPALIL FIRE � S �9 H5� 2005 STAI SECURITY G Must be Name �� S�int Paul �� Address tim.butC��i.stPau�,�r Ptease enfer Ute amount a Amount this granE Contacf HSEM by County �sdiGtiods a6[lify to prevent a terrorist aCt and be �roved. Atso, please indicate how the speciflc Itei de Homeland Security Strategy. e resources requested ii� tt�is appl9cation vaill en , respond to, & Fecover firom a CBRN� incident, ve access to inEeroperakile Eornrnunications ws� �curement of 800 Uilhz {sortable & mobile radio e stem, will ensure that Sain� Paul's responders c >panders. Such eq�iprr�ani �uill d"�re�tly suppoR y,.& directly support the.goals 8� abjecfives of tP -�ap5-!7�// HOMELAND ►NT PROGRAM of busine5s ATTACHMENT A Phone 651 5,�:-:�::_;:. ', :e :-:,:,::;.. , RamSEy state: MN zip • FaxNumber 651-22$ 3d to yourjurisdlcflon for l( fhis amoanf is not known. Dispersed to CitieslTownshlps $ k"r7il 3s requested in this applicatior� will enhance your :pared to demonstrate how homeland secu►Ity wi�� be requested support and are consistent with the overat{ ince Ehe Gity af Saint Paul's ability to mifigate, prepare icluding terrorist earents, by ensuring City responders by other local, state, & federal respor�se agen�ies. uipment, coinpatable with the Metropolitan Radio i safety, searrdessl�,.& e�cienfly comm�nicate wifh ot gional and statewide response teams operated 6y the State HS Strategy. 'ATE STRATEGY L.INK - Explain how resources re�uested support the overail State Homeland Security rategy. In addition, piease reference the speclflc g als and obJectfves identified in the State Strategy that ese r�quested equipmenE needs address: e resources reque§ted In this apg�ication dlrecfly supp rt efforls to regionalize CBR11E ceponse capabiliHes and buifd eropers6la communclatlon� systems throughout the 3t te. The resou �dlrectly support the goals & ' ves of MN State Homeland Securf . ificel . G I e��, Impternenta8on Stepa 1&2; Goal O�jectiv , mplementaiion Step 1' Goa17, Objacti e, Implerrrentation 3tep 1. ?� R� �T�r� � �� APPR ��E ; Fire � �s��s " I�� y S�i�nt Raut Date: 11-Mar-OS � -• ., � E�� -� �'�s,- ��'�`j °� � �� U �L�\\�4 Page A-1 �s -�3�e 03%•09/2005 18:37 6512266255 CITY STPAUL FIRE PAGE 04 2005 STATE HOM�LAND SECURITY GRANT PROGRAM EQUIPMENT WORKSHEET Please use the highlighted tines befow each category to indicafe infended equipment purchases. If more lines are required, use those provided on the "Add7 Eqpt Lmes" tab. ' UNR PRICE SHOULD INCLUDE TAX AND SHIPPINGIHANDLING EXPENSES " DISCIPLW E ALLOCATION: Please use the drop-down fist to Ind'�eate the allocated dfscipllne for the �mits (QT� fo be purchssed. For exampfe, "rf seven un'rts are to be purchased for Hazardous Materiais, selea the 1-¢ value. If rtare than one d'iscipline is wceihrg purchased un�ts, specify sha allocatfon using subssquent fines as shown in the example. QisdpGna LE-L2wEnfacameM FS-rrreSeMce PS-PUbAeMeaIN Abbrevietior� EhtS-Emer9e�x,yMe�eal5mvicae i¢-FiazmEousAleterisis . � GA-GovemmenrelAdmiNSirative EAM•Ert�etgenGyMenapemBM PW-PuDfzWwl� HC-HealCiCe'e PSG-vub6cSafety ComnwniCaUan Page A-2 OPS/HSEM 2005 Hom.lanQ Security Granl " ODP PROJECT• piease use the drondown Itst to selad the ODP nre�deflned oroiect title foreach eauloment reauested. 3. Chemicai, Biological, Radiological, Nudear and Explosives (CBRNE) . ' • c�s—S3te 03/'09/2005 18:37 6512286255 CITY STPAUL FIRE PAGE 05 2005 STATE HOMELAND SEGURITY GRANT PROGRAM DPSMSEM 2005 Homeland Secufrty Grant Page A-3 05 s�.e 03/09/2805 16:37 6512286255 CZTY S7PAlR. FIRE PA6E 06 2005 STATE HOMELAND SECURITY GRANT PROGRAM Page A-4 DPS/HSEM 2po5 HameleM Sewriry Grent 03/09/2005 18:37 � 6512266255 CIiY STPAIA FIRE 2005 STATE HOMELAND SECURITY CaRANT PROGRAM � Q e a ' 0 0 0 � e as . PAGE 07 Page A-5 DPSMSEM 2005 Homelend Seeurlry G2M Total E uipment Amount Re uested 3 684,9a5 � � rn 0 � � L � w 3 � d � � C R d � _ m � � � O O N W Q� _ J �6 _ `�'d � � a �--' W W _ ' A V/ Y- J I-- Z W a � � W � �� w E L SZ N � � s c � � fn y-�+ N C6 C �L = Q � O w � Q O � V � N.-+_. '�i f6 � � � :� � 7 N � � C �' O ' � � � Q� � O 3 � N � , � V U � Z, m U O ,� � �^` L � W � .� � Q � U Q l6 N t6 U "' � 3 � C "-- �� O � 3 � � "' N � N Y � �� C C N � O � � � Q. � Q. 3 -p O 6 c � W � � � s � � � � U � � � . 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Q :��..� - � « L � 0 x 3 �- i i � � i � � ' 3 ; Z I m t �� i � I � � � } � � O � � n d O � U � v- C � d � Q. � W = n . � c m i=� y N �p � U O :b � w m =v a ° a' c �' O m � � U ar � p> O m O C O � � N Q C �a � Q o 0 � y y � 3 � � � � � c o � � `o O N � � O y � G �!f N � ? ++ �7 � Q c !`- � Q �L V� c ' t .� � m � 0 n G7 � w y LJJ � CJ � F- Z � a v y � Z a � N a c � L O Z rn � C � N � N J �� z � � � C/� N ,Q a� a ;n � E- e>S-S3�a PA6E 12 Page A-10 �� HSEM Grant # 2005-SHSP-00476 I_r W rC�l : I�L t�I►`Y 1�: F'EDERAI. AUDIT REQUII2EMENTS For subrecipients that aze state or local eovemments non-profit organizations or Indian tribes If the grautee expends totai £ederal assistance of $500,040 or more per yeaz, the grantee agrees to obtain either a single audit or a program-specific audit made for the fiscal year in accordance with the temvs of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local govemment has, by 7anuary 1,1987, a constitutional or statutory requirement for less frequent audiu. For those govemments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by govemments that haue an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administraYive policies in place prior to January 1, 1987. For subreci�ents that aze institutions of hi¢her education or hosnitals If the grantee 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 Circulaz A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federai funds of the organization. „. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standazds specified in the General Accounting Office's "Standazds for Audit of Govemmental Organizarions, Prob ams, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circulaz A- 133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. .The federal government has approved the use of the audit guide. In addiUon to the audit report, the recipient shall provide comments on the fmdings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If conective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients aze also required to comply with the Single Audit Act and OMB Circular A-133. 6. The Statement of Expendihxres form can be used for the schedule of federal assistance. 2005 Homeland Security Program (04/OS) Page B-1 � HSEM Grant # 2005-SHSP-00476 7. 'I'he grantee agrees to retain documentation to support the schetlule of federal assistance for at least four yeazs. � OMB Circulaz A-133 requires recipients of more than $500,000 in federal fimds to submit one copy ofthe audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East lOth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Mimiesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 2005 Homeland Security Program (04J05) Page B-2 �S �31p HSEM Csrant # 2005-SHSP-00476 ATTACHII��VT C FEDERAL ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrarive Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govem the application, acceptance and use of Federal funds for this federally-assisted project. Aiso the Applicant assures and certifies that: 1. It possesses legal authority to apply for the graut; that a resolufion, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person idenrified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Properiy Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treahnent of persons dispiaced �s a result of Federal and federally-assisted progranns. 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of govemment whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et seq.). 4. It will comply with the minimum wage and masimum hours provisions of the Federal Fair Labor Standards Act. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appeazance of being motivated by a desire for private gain for themselves or others, particulazly those with whom they have fanuly, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine ail records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency conceming special requirements of law, program requirements, and other administrative requirements. It will insure that the facilities under its ownership, lease or supervision which shall be ufilized in the accomplishment of the project aze not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Sec6on 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condifion for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any azea that has been identified by the Secretary of the Deparnnent of Housing and Urban Development as an area having special flood hazards. The ptu�ase "Federal financial assistance" 2005 Homeland Security Program (04/OS) Page C-1 oS-s� HSEM Grant # 2005-SHSP-00476 includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or graut, or any other form of direct or lndirect Federal assistance. � 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligibie for inclusion in the Nationat Register of Historic Piaces that aze subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mirigate adverse effects upon such pmperties. 11. It will comply, and assure the compliance of a11 its sub-grantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Jusfice and Delinquency Prevention Act, or the Victims of Crime 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 wili comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Admiiustrative Review Procedure; Part 20, Criminal 3ustice Information Systems; Part 22, Confiden6ality of Identifiable Reseazch and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovemmental Review of Department of Justice Prograins and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Envlronmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply, and all its contractors will comply, with the non-discrimination 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; Secfion 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 Education Amendments of 1972; the Age Disorimination Act of 1975; Departxnent of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Jusrice regulations on disabiliry discrimination, 28 CFR Part 3� and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Ci��il 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. 97-348) dated Qctober 14, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 2005 Homeland Security Program (04/OS) Page C-? C� HSEM Grant # 2005-SHSP-00476 ATTACFINIENT D CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Grants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behatf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congcess, an officer or employee of Congress, or an employee of a Member of Congress in coanection with the awazding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress, or an empioyee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization Name Name and Title of Official Signing for Organization � Signature of Official Date 2005 Homeland Security Program (04/OS) Page D-1 RESOLUTION SAINT PAUL, MINNESOTA Presented By: Council File # Green Sheet # DS-S3 3026610 � Referred To: Committee: Date � 2 3 4 5 6 � a 9 �o ii 12 13 14 is 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 applied for and received the attached 2005 Homeland Security Program Grant for $700,000.00 from the State of Minnesota to allow the City of Saint Paul to upgrade the public safety radio system by converting to the 800 Mhz system, and WHEREAS, the funding will be used to purchase equipment to replace the aging City of Saint Paul Police and Fire mobile and portable radios with 800 Mhz radios that are compatible with the Metropolitan Radio System to help provide Saint Paul responders with the interoperable radio capabilities directly supporting the homeland security strategy, goals, and objectives of the Urban Area Security Initiative, and WHEREAS, the Department of Fire and Safety Services was given approval in Council Resolution 05-252 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. Adopted by Council: Date J�'l.0 �S Adoption Certifie�y Council Secretary: By- Approved �or: Date fi � Requested by Department of: By: by City Attorney: � �.,� Approval Recommended by Director of Financial Services: � Green Sheet Green Sheet OS 5 3 h Green Sheet Green Sheet Green Sheet Green Sheet � Departmenf/office/council: Date Initiated: FR — F� 2s-nna.Y-os Green Sheet NO: 3026610 Co�rtad Person & Phone• Deoartment Sent To Person I""al/Date Tim Butler � 0 're ' '�� A55ign 1 're D artmentDirector Must Be on Council P�qenda by (Date): Number Z ��, �� Fof 3 r' ffice Ma odAssisfant Routing Ofder 4 ouncil 5 i Clerk Ci Cierk Total # of Signature Pages �(Clip All Locations for Signature) Action Requested: Approval of the attached CouncIl Resolution authorizing the Deparhnent of Fue and Safety Services to accept the gant of $70Q000.00 from the State of Minnesota for the 2005 Homeland Security Graut Program to upgrade the public safety radio system by converting to the 800 MUz system Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Followi�g Questions: Planning Commission 1. Has this personffirtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current city employee? Yes No. F�cplain all yes answers on separate sheet and attach to 9reen sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The State of Minnesota has awarded the City of Saint Paul $700,000.00 to purchase 800 Ml�z radio equipment for the Department of Fire and Safety Services and the Police Deparhnent. Such interoperable communications equipment is a specific goal of the Urban Area Security Strategy. AdvantageslfApproved: The City of Saint Paul will be able to fund significant portion of the mobile and portabie radio needs of the Police and Fue Departments and help integrate our coumnmications with other exnergency deparuueuts azound the me4o azea. The safety of ow responders and the citizens will be significantly enhanced by operating on the regiona1800 Ml�z system. DisadvanWges If Approved: None. Disadvantages If Not Approved: I.ost opportunity to secure adequate funding for critical public safety systems impacting all aspects of emergency responses for the Police and Fire and Safety Services. ��•r�* �an � Total Amount of �00000 CastlRevenue Budgeted: �� Transaction: FundingSource: Gfant ActivityNumber. r e�A^w .,�� t I . . � Financial Information: P� �,�.�. � +g- � '` � ^g' (Explain) �� n��1 �i�::_L, �!! M � T�A� 3 �'�� t3i� 6 �46�� oS' - �3� Couna7 File # 5 - a52 Green Sheef # 3025446 Presented By; RESOLUTION SAINT PAUL, MINNESOTA �Q� W Referred To: Committee: Date � � W HEREAS, the Department of Fire and Safety Services is seeking a grant to replace the aging City of Saint 2 Paul Police and Fire mobile and portable radios with 800 Mhz rados thaf are compa6'ble with the Metropolitan s Radio Sysfem to help provide Saint Paui responders with the inferoperable radio capabil'rties direct(y supporting a supporting the homeland security strategy, gbats, and objectives of tFie Ufian Area Security initiative, and s W HEREAS, public safety o�cials firom the City of Saint Paul have diligentiy worked wifh public safety � officiais from Hennepin, Ramsey, and Dakota Counties, the City of Minneapolis, and the State of Minnesota a Department of Homeland Security and Emergency Management to identify and imp►ement a metropolitan a area strategy for homeland security, and �o � „ WHEREAS, the Federal Department of Homeland Security, acting through the State of Minnesota, is providing ,z funding necessary to build interoperable communications systems for pubiic safety responders across the �a metropolitan area, especially equipment designed to operate on the 800 Mhz Metropolitan Radio System, and ia is W HEREAS, upon receipt of this grant, the City is obligated to appropriate the grant amount of $700,000.00, and 18 ,� NOW THEREFORE IT BE RESOLVED, that the proper City officials are hereby authorized and direcfed to �a execute an application for the City of Saint Paul's Department of Fire and Safety Services to apply for the . ,s 2005 State Homeland Security Grant Program; a copy of said application is to be kept bn file and of record in zo the O�ce of Financial Services. z� � 23 24 25 Adopted by Councii: Date �.�i��3,�j1�� Requested by Department of: 're & Safe S rvices � Approval Recommended by Director of Financial Services: � os s3cp HSEM Grant # 2005-SHSP-00476 STATE OF NIIlVl\TESOTA GR�1VT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Division of Homeland SecuriN and Emer2encv Management 444 Cedar Street, Suite 223. SL Paul, Minnesota 55101-6223 ("State") and Citv of St. Paul. 15 W Kelloe� Boulevazd, St. Paul, Minnesota 55102 ("Grantee"). Recitals 1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2(4) the State is empowered to allocate and disburse federal funds made available through the Department of Homeland Security and is empowered to enter into this grant contract. 2 The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the 2005 Homeland Security Grant Program, Awazd Number 2005-GE-TS-0019, to purchase equipment for protecting first responders and strengthen terrorism response capabilities by providing funding for exercises, training, pIanning 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 Effective date: Mav 15. 2005, or the date the State obtains all required signatures under Miiuiesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fixlly executed, the Crrantee may claim reunbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: Mazch 31, 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices; 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 will: 2.1 Perform the work in the Grantee's 2005 Homeland Security Grant Program Applicadon, 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 Grant 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 standazds and requirements attached and incorporated into this grant contract. These additional standazds and requirements are the following: a. Federal Audit Requirements, labeled Attaclunent B, which is attached and incorporated into this �ant contract. b. Federal Assurances, labeled Attachment C, which is attached and incorporated into this grant coniract. 2005 Homeland Security Program (04/OS) Page 1 OS HSEM Crrant # 2005-SHSP-00476 c. Grantees receiving $100,000.00 or more must compiete and retum the Certification Regarding Lobbying form, labeled Aitachment D, which is attached and incorporated into this graut contract. 23 Funds approved under this grant contract shall be used to supplement, and shall not be used to supplant, non-federal funds dedicated to this effort. The Crrantee 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 training to theu 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 and/or replacement related to eguipment. Equipment purchased through this grant contract is the property of the Grantee. 2.6 When practicable, any equipment purchased with grant funding shall be prominently mazked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security". 2.7 Comply with all program guidelines specified in the 2005 Homeland Security Grant Program Guidelines provided to the Cnantee by the State and incorporated into this grant contract by reference. Specifically, the Grantee is required to develop, implement, and adopt National Incident Management System (NIMS), and Homeland Security Presidential D'uective (HSPD) 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 comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $700.000.00 according to the breakdown of costs specified in Grantee's 2005 Homeland Security Grant Program Application, Attachment A, which is attached and incorporated into this grant contract. The Grantee will 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 approved budget category amount must be given in writing to the State's Authorized Representative and at least 60 days prior to the Expuation 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) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $0 (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $700,000.00 . 4.2 Payment 2005 Homeland Security Program (04/05) Page 2 � S3t� HSEM Crrant # 2005-SHSP-00476 (1) Grant Bi[Iing.For»r. The State will promptly pay the Grantee after the Grantee presents a Cnant Billing Form for the services actuaily 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. Crrantee will submit the Crrant Billing 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 June) of this grant contract must be for services satisfactorily performed within applicable state fiscal yeaz. Final Crrant Billing Form pertainiug to the first state fiscal yeaz of this grant contract must be received by the State no later than 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 August 15, 2006. Reimbursements from the third state fiscal year may commence on or after July 1, 2006. The fmal Grant Billing Form pertaining to the third state fiscal yeaz 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 reports 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 report shail consist of a comparison of actual accomplishments to the approved work plan in Attachment A. These reports must be submitted before reimbursement will be paid. (2) Federalfunds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federai funds obtained by the State through CFDA # 97.067, Public Law 108-334, Department of Homeland Securitv Appropriations Act of 2005. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full fmancial responsibility for any requirements imposed by the Crrantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as deternuned at the sole discretion of the State's Authorized Representative and in accordance with all applicabie 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 Shazon Olson, Grants Soecialist, Division of Homeland Securitv and Emer�y Management. 444 Cedaz Street_ Suite 223. St. Paul, MN 55101, phone f 6511282-5392, f� (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 Representative is Tim Butier, Emer�encv Management and 2005 Homeland Security Pro�ra.m (04/OS) Page 3 o�-�3to HSEM Cnant # 2005-SHSP-00476 Communications Chief. St. Paul Fire and Safetv Services, 100 E Eleventh Staeet, St Paul. Minnesota �5101, phone (65 11 228-621 5. faY (651) 228-6255. If the Crrantee's Authorized Representarive changes at any time during this grant contract, the Crrantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this gtaut contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. _ 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enforce any provision of ttris graut 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 orai, may be used to bind either pariy. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Cnantee or the Grantee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obiigations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Cnantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State must compiy with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, coliected, received, stored, used, maintained, or disseminated by the Cnan2ee 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 Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining 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 party as a 2005 Homeland Security Program (04/OS) Page 4 �S HSEM Grant = 2005-SHSP-00476 consequence of any act or omission on the part of these employees aze in no wa5• the State's obligation or responsibility. 12 Publicity and Endorsement 12.1Publicity. Any publicity regazding the subj ect matter of this grant contract must identify the State and the Department of Homeland Security as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. Ali publications created with funding under this grant contract shall prominently contain the following statement: "This document was prepazed under a grant from the 4ffice of State and Local Government Coordination and Preparedness (SLGCP), U.S. Department of Homeland Security. Points of view or opinions e�ressed in this document aze those of the authors and do not necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeland Security." For purposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal govemment purposes: (1) the copyright in any work developed under an a«�azd or sub-awazd; and (2) any rights of copyright to which a recipient or subrecipient putchases ownership with Federal support. The Recipient agrees to consult with SLGCP regazding the allocation of any patent rights that arise from, or aze purchased with, this funding. 12.2Endorsement. The Grantee must not claim that the StaYe endorses its products or 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 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, detemuned on a pro rata basis, for services satisfactorily performed. 14.2Termination for Insuffzcient Funding. The State may immediately terminate this grant contract if it dozs not obtain funding from the Minnesota 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. Ternunarion must be by written or fas notice to the ('n•antee. The State is not obligated to pay for any services that ate provided after notice and effecti� date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is tenninated 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 State may cancel this grant contract immediately if the State fmds 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 Security Program (04/OS) Page 5 c�-S 3�e HSEM Grant # 2005-SHSP-00476 have not been or will not be fulfilled. The State may take action to protect the interests of ffie State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or 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 emplo; ta.z identification number, and/or Minnesota taz identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax la�vs which could result in action requiring the Crrantee to file state ta�� retums and pay delinquent state tas liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION Im7ividua! certifies thatfimds have been encumbered as reguired by Minn Smz §§ 16A.15 and 16C.05. 3. STATE AGENCY By: (with delegated authority} Title: Date: Grant contract No 2005-SHSP-00476 / 2000-10371 2. GRANTEE The Grantee cen�es that the appropriate person(sJ have executed the grmu contract on beh¢IjoJthe Grm�tee as reguired by appTicable m�ticles, bylmvs, resolutions, or ardinances. By: Title: Date: � Tide: Date: Date: Distribufion: DPS/FAS Grancee State's Authorized Representative 2005 Homeland Security Program (04/OS) Page 6 03/09/2005 18:37 6512256255 , CITY STPALIL FIRE � S �9 H5� 2005 STAI SECURITY G Must be Name �� S�int Paul �� Address tim.butC��i.stPau�,�r Ptease enfer Ute amount a Amount this granE Contacf HSEM by County �sdiGtiods a6[lify to prevent a terrorist aCt and be �roved. Atso, please indicate how the speciflc Itei de Homeland Security Strategy. e resources requested ii� tt�is appl9cation vaill en , respond to, & Fecover firom a CBRN� incident, ve access to inEeroperakile Eornrnunications ws� �curement of 800 Uilhz {sortable & mobile radio e stem, will ensure that Sain� Paul's responders c >panders. Such eq�iprr�ani �uill d"�re�tly suppoR y,.& directly support the.goals 8� abjecfives of tP -�ap5-!7�// HOMELAND ►NT PROGRAM of busine5s ATTACHMENT A Phone 651 5,�:-:�::_;:. ', :e :-:,:,::;.. , RamSEy state: MN zip • FaxNumber 651-22$ 3d to yourjurisdlcflon for l( fhis amoanf is not known. Dispersed to CitieslTownshlps $ k"r7il 3s requested in this applicatior� will enhance your :pared to demonstrate how homeland secu►Ity wi�� be requested support and are consistent with the overat{ ince Ehe Gity af Saint Paul's ability to mifigate, prepare icluding terrorist earents, by ensuring City responders by other local, state, & federal respor�se agen�ies. uipment, coinpatable with the Metropolitan Radio i safety, searrdessl�,.& e�cienfly comm�nicate wifh ot gional and statewide response teams operated 6y the State HS Strategy. 'ATE STRATEGY L.INK - Explain how resources re�uested support the overail State Homeland Security rategy. In addition, piease reference the speclflc g als and obJectfves identified in the State Strategy that ese r�quested equipmenE needs address: e resources reque§ted In this apg�ication dlrecfly supp rt efforls to regionalize CBR11E ceponse capabiliHes and buifd eropers6la communclatlon� systems throughout the 3t te. The resou �dlrectly support the goals & ' ves of MN State Homeland Securf . ificel . G I e��, Impternenta8on Stepa 1&2; Goal O�jectiv , mplementaiion Step 1' Goa17, Objacti e, Implerrrentation 3tep 1. ?� R� �T�r� � �� APPR ��E ; Fire � �s��s " I�� y S�i�nt Raut Date: 11-Mar-OS � -• ., � E�� -� �'�s,- ��'�`j °� � �� U �L�\\�4 Page A-1 �s -�3�e 03%•09/2005 18:37 6512266255 CITY STPAUL FIRE PAGE 04 2005 STATE HOM�LAND SECURITY GRANT PROGRAM EQUIPMENT WORKSHEET Please use the highlighted tines befow each category to indicafe infended equipment purchases. If more lines are required, use those provided on the "Add7 Eqpt Lmes" tab. ' UNR PRICE SHOULD INCLUDE TAX AND SHIPPINGIHANDLING EXPENSES " DISCIPLW E ALLOCATION: Please use the drop-down fist to Ind'�eate the allocated dfscipllne for the �mits (QT� fo be purchssed. For exampfe, "rf seven un'rts are to be purchased for Hazardous Materiais, selea the 1-¢ value. If rtare than one d'iscipline is wceihrg purchased un�ts, specify sha allocatfon using subssquent fines as shown in the example. QisdpGna LE-L2wEnfacameM FS-rrreSeMce PS-PUbAeMeaIN Abbrevietior� EhtS-Emer9e�x,yMe�eal5mvicae i¢-FiazmEousAleterisis . � GA-GovemmenrelAdmiNSirative EAM•Ert�etgenGyMenapemBM PW-PuDfzWwl� HC-HealCiCe'e PSG-vub6cSafety ComnwniCaUan Page A-2 OPS/HSEM 2005 Hom.lanQ Security Granl " ODP PROJECT• piease use the drondown Itst to selad the ODP nre�deflned oroiect title foreach eauloment reauested. 3. Chemicai, Biological, Radiological, Nudear and Explosives (CBRNE) . ' • c�s—S3te 03/'09/2005 18:37 6512286255 CITY STPAUL FIRE PAGE 05 2005 STATE HOMELAND SEGURITY GRANT PROGRAM DPSMSEM 2005 Homeland Secufrty Grant Page A-3 05 s�.e 03/09/2805 16:37 6512286255 CZTY S7PAlR. FIRE PA6E 06 2005 STATE HOMELAND SECURITY GRANT PROGRAM Page A-4 DPS/HSEM 2po5 HameleM Sewriry Grent 03/09/2005 18:37 � 6512266255 CIiY STPAIA FIRE 2005 STATE HOMELAND SECURITY CaRANT PROGRAM � Q e a ' 0 0 0 � e as . PAGE 07 Page A-5 DPSMSEM 2005 Homelend Seeurlry G2M Total E uipment Amount Re uested 3 684,9a5 � � rn 0 � � L � w 3 � d � � C R d � _ m � � � O O N W Q� _ J �6 _ `�'d � � a �--' W W _ ' A V/ Y- J I-- Z W a � � W � �� w E L SZ N � � s c � � fn y-�+ N C6 C �L = Q � O w � Q O � V � N.-+_. '�i f6 � � � :� � 7 N � � C �' O ' � � � Q� � O 3 � N � , � V U � Z, m U O ,� � �^` L � W � .� � Q � U Q l6 N t6 U "' � 3 � C "-- �� O � 3 � � "' N � N Y � �� C C N � O � � � Q. � Q. 3 -p O 6 c � W � � � s � � � � U � � � . 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U N v d n .� E v � a c � � N .� C . C W a � � t U t 3 `o � � . .� N � N � � � � � . os -s3�a A-9 b3%09/2005 18:37 6512286255 A .r O � m c c � W o 2 v Y ' � � � V � m W \ / � N Z ❑ Q � Z G W Z � :.�. U 9 N .� � � O d � Z c � 0 E � '� � � � c m � o � � � tD � N � O y fl- «� O ¢ r� E �� ro v N � j • C � c�0 O m � � y � � C N 1Q .� , � � � 'v 'p N C c � i' � � 7 " �Q � d a c w �• m C C N �'a� 0 o � ° „- °' o c� c �� o � � � � @ X y E @ � � w v w y � O � o � 0 � o � c �� m a m m 0 r a � i � � o V 0 � N � m w m O � Z 7�' : W � �� 0 J � �i m � CI7Y S7PAUL FIRE � c .� 'm � m a � 0 :. q 'O y L � � : H A � _� � i � � i - +° • O lfj U O C} c- d' � d4 EA 63 tf} 'fA d> m � .I 1 � � C . .. � , •y . Q :��..� - � « L � 0 x 3 �- i i � � i � � ' 3 ; Z I m t �� i � I � � � } � � O � � n d O � U � v- C � d � Q. � W = n . � c m i=� y N �p � U O :b � w m =v a ° a' c �' O m � � U ar � p> O m O C O � � N Q C �a � Q o 0 � y y � 3 � � � � � c o � � `o O N � � O y � G �!f N � ? ++ �7 � Q c !`- � Q �L V� c ' t .� � m � 0 n G7 � w y LJJ � CJ � F- Z � a v y � Z a � N a c � L O Z rn � C � N � N J �� z � � � C/� N ,Q a� a ;n � E- e>S-S3�a PA6E 12 Page A-10 �� HSEM Grant # 2005-SHSP-00476 I_r W rC�l : I�L t�I►`Y 1�: F'EDERAI. AUDIT REQUII2EMENTS For subrecipients that aze state or local eovemments non-profit organizations or Indian tribes If the grautee expends totai £ederal assistance of $500,040 or more per yeaz, the grantee agrees to obtain either a single audit or a program-specific audit made for the fiscal year in accordance with the temvs of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local govemment has, by 7anuary 1,1987, a constitutional or statutory requirement for less frequent audiu. For those govemments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by govemments that haue an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administraYive policies in place prior to January 1, 1987. For subreci�ents that aze institutions of hi¢her education or hosnitals If the grantee 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 Circulaz A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federai funds of the organization. „. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standazds specified in the General Accounting Office's "Standazds for Audit of Govemmental Organizarions, Prob ams, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circulaz A- 133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. .The federal government has approved the use of the audit guide. In addiUon to the audit report, the recipient shall provide comments on the fmdings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If conective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients aze also required to comply with the Single Audit Act and OMB Circular A-133. 6. The Statement of Expendihxres form can be used for the schedule of federal assistance. 2005 Homeland Security Program (04/OS) Page B-1 � HSEM Grant # 2005-SHSP-00476 7. 'I'he grantee agrees to retain documentation to support the schetlule of federal assistance for at least four yeazs. � OMB Circulaz A-133 requires recipients of more than $500,000 in federal fimds to submit one copy ofthe audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East lOth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Mimiesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 2005 Homeland Security Program (04J05) Page B-2 �S �31p HSEM Csrant # 2005-SHSP-00476 ATTACHII��VT C FEDERAL ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrarive Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govem the application, acceptance and use of Federal funds for this federally-assisted project. Aiso the Applicant assures and certifies that: 1. It possesses legal authority to apply for the graut; that a resolufion, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person idenrified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Properiy Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treahnent of persons dispiaced �s a result of Federal and federally-assisted progranns. 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of govemment whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et seq.). 4. It will comply with the minimum wage and masimum hours provisions of the Federal Fair Labor Standards Act. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appeazance of being motivated by a desire for private gain for themselves or others, particulazly those with whom they have fanuly, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine ail records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency conceming special requirements of law, program requirements, and other administrative requirements. It will insure that the facilities under its ownership, lease or supervision which shall be ufilized in the accomplishment of the project aze not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Sec6on 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condifion for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any azea that has been identified by the Secretary of the Deparnnent of Housing and Urban Development as an area having special flood hazards. The ptu�ase "Federal financial assistance" 2005 Homeland Security Program (04/OS) Page C-1 oS-s� HSEM Grant # 2005-SHSP-00476 includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or graut, or any other form of direct or lndirect Federal assistance. � 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligibie for inclusion in the Nationat Register of Historic Piaces that aze subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mirigate adverse effects upon such pmperties. 11. It will comply, and assure the compliance of a11 its sub-grantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Jusfice and Delinquency Prevention Act, or the Victims of Crime 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 wili comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Admiiustrative Review Procedure; Part 20, Criminal 3ustice Information Systems; Part 22, Confiden6ality of Identifiable Reseazch and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovemmental Review of Department of Justice Prograins and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Envlronmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply, and all its contractors will comply, with the non-discrimination 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; Secfion 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 Education Amendments of 1972; the Age Disorimination Act of 1975; Departxnent of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Jusrice regulations on disabiliry discrimination, 28 CFR Part 3� and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Ci��il 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. 97-348) dated Qctober 14, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 2005 Homeland Security Program (04/OS) Page C-? C� HSEM Grant # 2005-SHSP-00476 ATTACFINIENT D CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Grants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behatf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congcess, an officer or employee of Congress, or an employee of a Member of Congress in coanection with the awazding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress, or an empioyee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization Name Name and Title of Official Signing for Organization � Signature of Official Date 2005 Homeland Security Program (04/OS) Page D-1