05-627Council File #
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By:
Referred To:
Green Sheet #
Committee:Date:
1 WHEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota
2 Department of Public Safety for the 2005 Law Enforcement Terrorism Prevention Grant; and
4 WHEREAS, this grant provides funding for equipment and training that will enable bomb technicians to
5 prevent or mitigate acts of terrorism; and
6
7 TFIEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul
8 to enter into, and Chief John Harrington to implement the attached grant agreement, which includes an
9 indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of
10 Financial Services.
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Absent
Requested by Department of:
by Financial Services:
Adopted by CounciL•Date:
Adoption Certified by Coui
By:
Approved b yor:Date:
By:
2005 Law Enforcement Terrorism
5ecretary:
�
�
grent agreemenCCr2005
Form
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by City
for
.. ` _
OS- (P ��7
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrneM/office/countil: Date Initiated:
pD — Poi�cenepa+unen� 13-JUN-05 Green Sheet NO: 3026843
Cofrtact Person & Phone: ��,T�rn SeM To Person InitiaUDate
Chief John HarringMn � 0 olice De artment Police artmeot
266-5588 p�jyn 1 oliceDe a ent De arhneotDireMOr ,�.�� ��
Must Be on Council Agenda by (Date): Numbe� Z inaocial Servic Fioaocial ervi �Z �/
F or � Routing 3 i Attome Ci Attorne
O�der 4 a r' tTic Ma or
5 ouocil Couocil
6 1 rk i Clerk
�" � 7 lice De a en[ ' Police e artment
Total # of SignaWre Pages �(Clip All LocaBons for Signature)
Action Requested:
Sigiatures on the attached counci] resolurion authorizing the City of Saint Paul, Police Department, to enter into the attac6ed
agreement with the Minnesota Departrnent of Public Safery.
Recommendations: Approve (A) or Rejed (R): Personaf Service Contracts PAust Answer the Foflowi�g Questions:
Planning Commission 1. Has this personlfirm 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 personlfirm possess a skill not normally possessed by any
, current city employee�
Yes No
� � Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City of Saint Paul, Police Deparknent, has received a 2005 Law Enforcement Terrorism Prevention Grant. Authorization is needed
to enter into the grant agreement.
� AdvanWqeslfApproved: �
The 2005 Law Enforcement Tenorism Prevention Grant provides funding for equipment and training that will enable bomb technicians
to prevem or mitigate acYS of terrorism.
,
DisadvanWgeslfApproved: ' �
None. �� „{s�y}
�UL Q �, 2 �
DisadvanWges If NotApproved:
Loss of gant funds available that will provide equipment needed to better prepare for anticipated acu of terrorism and provide training
to allow integrated regional response capabilities.
TotalAmouniof 74��2 CosURevenueBudgeted:
Trensaction: �� A �'� �D
Fundins� source; State of Minnesota Activity Number: 34096 v
Financial Information:
(ExPlain) ,9UN 3 0 2UU5 ,
ATTORNEV
os- �a7
HSEM Crrant # 2005-LETPP-00508
STATE OF MINNESOTA
GRANT CONTRACT
This �ant contract is between the State of Miuuesota, acting through its Commissioner of Public Safetv.
Division of Homeland Securitv and Emer�ency Manasement 444 Cedar Street Suite 223, St. Paul,
Minnesota 5 5 1 0 1-6223 ("State") and Citv of St Paul 367 Cnove Stree� St. Paul, Minnesota 55101
("Crrantee"). .
Recitals
1 Under Minn. Stat. §§ 12.22 and 299AA1 Subd 2 f4) the State is empowered to allocate and disburse
federal funds made available through the Depariment 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, platming and organizational activities.
3 The Grantee represents that it is duly qualified and agrees to perform a11 services described in this grant
contract to the satisfacfion of the State.
Grant Contract
Term of Grant Contract
1.1 Effective date: May 23, 2005, or the date the State obtains ali required signatures under Minnesota
Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully
executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 42
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,
whichevex occurs fixst.
1.3 Survival of Terms. The foilowing clauses survive the expiration or cancellation of this grant
contract 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publiciry and
Endorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15. Data Disclosure.
2 Grantee's Duties
The Grantee, who is not a state employee, wi11:
21 Perform the work in the Grantee's 2005 Homeland Securiry 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 Grant Program Guidelines
incorporated into this 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
requirements attached and incorporated into this grant contract. These additional standards and
requirements aze the following:
a. Federal Audit Requirements, labeled Attachment B, which is attached and incorpozated into this
grant contract.
b. Federal Assurances, labeled Attachment C, wtuch is attached and incorporated into this erant
contract.
2005 Homeland Security Program (04/05) Page 1
HSEM Crrant # 2005-LBTP�P-00508
c. Cnantees receiving $100,000.00 or more must complete and retum the Certification Regazding
Lobbying form, labeled Attachment D, which is attached and incorporated into this gzant
coniract.
23 Funds approved under this �ant contract shall be used to supplement, and shall not be used to
supplant, non federat funds dedicated to this effort. The Cnantee 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 traiuing to their employees concerning the use of equipment purchased
through tlus grant contract, and shall not pernut the equipment to be tampered with or operated by
individuals who are 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 equipment. Equipment purchased
through this grant contract is the properry of the Grantee.
2.6 When practicable, any equipment purchased with �ant funding shall be prominently marked 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 Grantee by the State and incorporated into this grant contract by
reference. Specifically, the Grantee is required to develop, implement, and adopt National Incident
Managemerit System (NIMS), and Homeland Security Presidential Directive (HSPD) that is
comprised of 8 nutiatives in their jurisdiction and the Grantee is required to document and submit
documentation to the State to support proof of compliance.
3 Time
The Grrantee must comply with all the time requirements described in this gant contract. In the
performance of tlus grant contract, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Crrantee under this grant
contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $74,212.00 according
to the breakdown of costs specified in Grantee's 2005 Homeland Security Grant Pro�am
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 Expiration date of this grant contract.
Grantees whose requests have been approved will be notified in writing by the State's
Authorized Representative to the Grantee's Authorized Representative. Requests must be
approved prior to any expenditure by the Grantee.
(2) Matching Requirements. (If Applicable.) Crrantee certifies that the following matching
requirement, for the grant contract, will be met by the Crrantee: $0_00.
(3) Total Obligation. The total obligation of the State for a11 compensation and reimbursements to
the Grantee under this grant coniract will not exceed $74.212.00
4.2 Puyment
2005 Homeland Security Program (04/OS) Pabe 2
os-�a�
HSEM Grant # 2005-LETPP-00508
(1) Grant Billing Form. The State will promptly pay the Grrantee after the Grantee presents a Crrant
Billing Form for the services actually performed and the State's Authorized Representative
accepts the invoiced services. Grazit Billing Form must be submitted timely and according to the
following schedule:
a Cnantee will submit the Crrant Billing Form along with copies of Cnantee's itemized invoices
for actual costs incurred at least bi-annually due 7une 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 Cnaut
Billing Form.
b. Expenditures for each state fiscal yeaz (July through June) of this �ant contract must be for
services satisfactorily performed within applicable state fiscal yeaz. Final Cnant Billing Form
pertaining to the first state fiscal yeaz of this grant contract must be received by the State no
later than August 15, 2005. Reirnbursements 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 year 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 3uly 1,
2006. The final Grant Biiling Form pertaining to the third state fiscal yeaz of ttus 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 pexformance 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 shall 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) Federal funds. (Where applicable, if blank this section does not apply) Payments under this
grant contract will be made from federal funds obtained by the State through CFDA # 97.067,
Public Law 108-334 Department of Homeland Security Appropriations Act of 2005. The
Grantee is responsible for compliance with all federal requirements itnposed on these funds and
accepts full financial responsibility for any requirements imposed by the Grantee's failure to
comply with federal requirements.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's
satisfaction, as deterxnined at the sole discretion of the State's Authorized Representative 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 Kristen Sailer Grants Specialist, Division of Homeland
Securitv and Emer2encv Management 444 Cedar Street Suite 223. St. Paul, MN 55101, phone
(651) 215-6939 faY (651) 296-0459, or his/her successor, and has the responsibiliry to monitor the
Grantee's performance and the authority to accept the services provided under this grant contract. If
the services are satisfactory, the State's Authorized Representative will certify acceptance on each
Grant Billing Form submitted foz payment.
The Crtantee's Authorized Representative is Lawrence Rogers Sergeant Citv of St Paul 367 Grove
2005 Homeland Security Program (04/OS) Page 3
05-Gal
HSEM Grant # 2005-LETPP-00508
Street St Paul Minnesota 55038 phone (651) 266-5768, f�(6511266-5706. ff the Grantee's
Authorized Representative changes at any time during this grant contract, the Grantee must
immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this
grant contract without the prior consent of the State and a fully executed Assignment
Agreement, executed and approved by the same parties who executed and approved this grant
contract, or their successors in office.
72 Amendments. Any amendment to this grant conlract must be in writing and will not be
effective unril 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 this grant contract, that failure does not
waive the provision or its right to enforce it.
7.4 Gr¢nt Coniract Complete. This grant coniract contains all negotiations and agreements
between the State and the Grantee. No other understanding regazding this grant contract,
whether written or ora1, may be used to bind eithez party.
S Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any
claims or causes of action, including attorney's fees incurred by the State, arising from the
performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause
will not be construed to bar any legal remedies the Crrantee may have far the State's failure to fulfill
its obligations under this grant contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, recoxds, documents, and accounting
procedures and practices relevant to this grant contract aze subject to examination by the State
and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six yeazs from the
end of this grant contract.
10 Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, as it applies to aU data provided by the SYate under this grant contract, and as it applies
to all data created, collected, received, stored, vsed, maintained, or disseminated by the Csrantee
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 Cnantee receives a request to release the data refened to in this Clause, the Grantee must
immediately notify the State. The State will give the Crrantee 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. § 176181, subd. 2, pertaining to
workers' compensation insurance coverage. The Cnantee's employees and agents will not be
considered State employees. Any claims that may azise under the Minnesota Workers'
Compensation Act on behalf of these employees and any claims made by any third parry as a
2005 Homeland Security Program (04/OS) Page 4
as-ba�
ASEM Grant # 2005-LETPP-00508
consequence of any act or omission on the part of these employees are in no way fhe State's
obligation or responsibility.
12 Publicity and Endorsement
12.1Pubiicity. Any publicity regarding the subject maiter of this �ant 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. All
publications created with funding under this grant contract sha11 prominently contain the
following statement: "This document was prepared under a grant from the Office of State and
I.ocal Government Coordination and Preparedness (SLGCP), U.S. Department ofHomeland
Security. Points of view or opinions expressed in this document are 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 inciudes norices,
informational pamphlets, press releases, research, 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 resuiting 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
government purposes: (1) the copyright in any work developed under an award or sub-award;
and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with
Federal support. The Recipient agrees to consult with SLGCP regazding the allocation of any
patent rights that arise from, or ase purchased witl�, this funding.
12.2Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard 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 tune, with or
without cause, upon 30 days' written notice to the Csrantee. Upon temunation, the Cnantee will
be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
14.2Termination for Insufficient Funding. The State may immediately terminate this grant
contract if it does 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. Termination must be by written or fax notice to the Cnantee. The State is not
obligated to pay for any services that are provided after notice and effective date of
ternvnation. However, the Grantee will be entitled to payxnent, 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 temunated because of the decision of the
Minnesota Legislature, ox other funding soutce, not to appxoptiate funds. The State must
provide the Grantee notice of the lack of funding within a reasonable time of the State
receiving that notice.
143 Termination for Failure to Comply. The State may cancel this grant contract irnmediately 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 ot that the purpose for which the funds were granted
2Q�5 Homeland Security Program (04/OS) Page 5
05 -6�l
HSEM Grant # 2005-LETPP-00508
have not been or will aot be fulfilled. The State may take action to protect the interests of the
State of Minnesota, including the refusal to disburse additional funds and requiring the retum
of all or part of the funds already disbursed.
15 Dafa Disclosure
Under Ivlinn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its
social security number, federal employer t� identification number, and/or Minnesota taY
identification number, already provided to the Staxe, to federal and state tas agencies and state
personnel involved in the payment of state obligarions. These identification numbers may be used
in the enforcement of federal and state ta�c laws which could result in action requiring the Grantee to
file state tax returns and pay delinquent state ta�c liabilities, if any, or pay other state liabilities.
i. ENCI7MBRANCE VERIFICATION 3. ;
Individual certifies thaf frmds have been encumbered ¢s
required by Minn. Sm[ §§ 16A.IS and 16C.05. By:
Signed:
Date:
Grant ContractNo 2005-LETPP-00508 / 2000-10430
2. GRANTEE
Tixe Grantee ceriifies ihnt fhe appr�priafe person(sJ
have executed i � t conlsact on beha f of �he Graniee as
requved ppluab[e ti�r f' les, bylaws, resolut i�ns, or ordinances.
By:
Tide:,`
�
Title:
Date:
Titl
Dat
Dishibution:
DPS/FAS
Grantee
State's Au54rocized Repcesentative
2005 Homeland Security Program (04lOS) Page 6
:t Name
s .3�7.'��
�E;Paul
Add[ess
Amount
ed by County
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/y b p ATTACHMENT A
n � ���—e�/�6 �a�'�O G�o
20Q5 LAW ENFORCE�tENT
TERRORISM PREVENTION PROGRAM
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Ptease eMer the amount awarded to your�urisdiction fot
this grant. Contact NSHM stsff if ffifs emount is rwt 7rnown. �:' .. `'::. .'`:...': "7?�'�
... �_:.:._. ------.._ .: : . :.. . _ _
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UTAJOR O�,lECTNES - Please e%plain how the resources reqttested in this appl{caYton wilt enhance ynur
urisdictlun's ability to pRVenC a tertorist act and be prepa►tid to demortstrate how homeland securiky will be
impioved. Also, ptease indic�te how the specific items requested suppart end sre consistent with the overa{f
Stete Homeland Security Strategy.
.. ....; . ....:..::::...: .—:.::.. ..._°--�__._....----------..
_.--:-....: .- =-: --:..
Ati eqaiptrseiif items::ar�:t�a�s,�nrhicti eiiabte t4ie;tii�ain�d bcamb,t�chinir�ans fo prevettC. or mitigate acts: of, .;::
,,: . , :.
�
t�rronsm ,;The pfaYSning sessions-wili ersgble ourtechn�aaros ta better pr�pare forantic�pateii acts of
:... -.. . ...: ....:...:..::........ .... ,... ..... . ;
.,
�erttirisrri_.:`7he'irAinin'g p�ovitl'�'integrated, regio'n'al te'sponse;r"ap"abilitieS: :: :'; ', "`. :'.:.:t;;
,;; , :.t . .:. ... .: . . . .: .:.. :: ...: .: . . . . _ . .. . .
.. :....:.:: :.:. . .. ... ... ...:. ..:.,:.. , ...: .
STATE 5TRATEGY LINK - Explein how resources requested support the overali State Homeland 3ecuriry
Straiegy. In add�tion, pie�se reference ihe spec�7}c goals and objectives identified in ihe State Strategy that
these requested equipment needs adQress:
�.S l3tij�cfiJeC#4i _':;`"' :ri. :::' ' ::: ..
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Page A-1
Received Time Mar.11
_, �� .............:.�.:; .. :��'....�.:...,,..... ... ....._:�... . ... ..::.-..:.:.::��.:
Signature: I:awJrence,R. Rti: 8rs Date: 3111F2i��5;
��
2005 LAW�ENFORCEMENT TERRORISM PREVENTION PROGRAM t� - �o a�
EQUIPMENT WORKSHEET
Piease use the highlighted lines below each category to indicate intended equipment purchases. If mofe iines are
required, use those provided on the "Add'I Eqpt Lines" tab.
' UNff PRICE SHOULD INCLUDE TAX AND SH1PPiNG1HANDLiNG EXPENSES
° DISGPLINE ALLOCATION: Please use the drop-down {ist to indicate the allocated d�scip6ne for the units (Q'IY) to be purchased. For
exampie, if seven unrts are to be purchased for Hazardous Materials, select the HZ value. if more than one discipfine is receiving purchased
unrfs, speafy the alfocation using subsequent lines as shown in the example.
Discipline LE-fawEnfwcement FS-FreService PS-WblicHeatih
Abbreviatiofs: EMS-EmergencyNied�cal5ervfces I-R-HazardousMaterials GA-GOVemmenfalPdministra&ve
FMA-EmergencyManageme� PW-PUbficWotks HC-H��fhCare
PSC - Public Safety Commun�cations
"`ODP PROJECT Pfease use the drop-down tist fo sefect the ODP pre-defined aroiect ti8e for each equipmenf reauested.
1. Personal Protecfive Equipment
��m UMtPrice` QTY 7ofa1 DisC` O�PProjecf Receiving.lurisdictior
$ -
$ -
$ -
$ -
$ -
$ -
� -
2. Explosive Device Mitigation & Remediation
Ej
ONLY) /��
.. C/C ^- f F— J//F�[�7
3. Chemical, Biofogical, Radiologicai, Nuclear and Explosives {CBRNE)
DPShiSEM 20�5 LAW ENFORCEMEAIT TERRORISM PftEVENTiOtd PROGRAM -
2005 LAW'ENFORCEMENT TERRORISM PREVENTION PROGRAM OS'�D a'� 7
�PS/HSEM 2�05 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
20fi5 LAW'EM�rORCEMEN7 TERRORtSM PREVENTION PROGRAM
DPShiSEM 20051AW ENFORCEMENT TERROR)SM PREVENTiON PROGRAM
2005 LAW �fVFOftCEMENT TERRORISM PREVENTION PROGRAM
Page A-5
DPS/HSEM 2005 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
Total EquipmenY Amount Requested $ s1,os4
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FiSEM Grant # 2005-LETPP-00 08
ATTACEIMENT D
CERTIFICATION REGARDING LOBBYIlV�
For State of Mivnesota Contracts and Crrants over $100,000
The undersi�ed certifies, to the best of his or her laiowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awazding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperaUve a�eement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Pederal 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.
2005 Homeland Secuzity Program (04105) Page D-1