05-776Council File #
Presented By:
Referred To:
Committee:Date:
1 WHEREAS, the City of Saint Paul, Police Deparhnent, wishes to enter into a grant from the Minnesota
2 Department of Public Safety for the 2005 Law Enforcement Terrorism Prevention Grant; and
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WHEREAS, this grant allows for our agency to more fully cooperate with the homeland security
intelligence efforts, develop and maintain information and intelligence that could preempt possible
terroist attacks, and establish and maintain a notification system for sharing of vital homeland
security information with law enforcement agencies, first responders, government managers, and
private partners; and
THEREFORE, BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul
to enter into, and Chief John Harrington to implement the attached grant agreement, which includes an
indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of
Financial Services.
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Requested by Department of:
Police
By:
Adopted by Council: Date: �'i.t�usj' ��{� �O�,S
Adoption�ys�€e�l ci ecretary:
sy:
Auuroved d Vlavor: Date: '• /� �
By:
����1' - ��1�����
RESOLUTION
' SAINT PAUL, NIINNESOTA
Green Sheet #
oS - ���,
3027451
�
by City Attorney:
�
V F
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmeMlofficekouncil: Date Initiated:
PD — POliceD�artment 1S-JUL-0S Green� Sheet NO: 3027451
Contact Person ffi Phone:
Deoartrnent Sent To Person �nitial/Date
Chief John Hartington 0 i a ent P li D a ent
266-5588 p�j 1 oliceDe armient De artmentDirector � /�
Must Be on Council Agenda by (Date): Numbet Z �nan ' I Se 'ces Financial Services ✓
For �
Routing 3 i Attome C5 Attome
Order 4 or' ffce Ma or
5 ouncil Council
6 i 1 rk Clerk
' " 7 olice De art ent Police De artment
ToWI # of Signature Pages (Clip All Lxations for Signature)
Action Requested:
Signatures on the attached council resolurion authorizing the City of Saint Paul, Police Departrnent, to enter into the attached
agreement with the Minnesota Depariment of Public Safety.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm 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 emplayee?
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 Department, has received a 2005 Law Enforcement Tenorism Prevention Grant. The funds will be uulized
to develop and maintain information and intelligence that could preempt possible terroist attacks and notificarion of law enforcement
agencies, first responsers, government managers and private parmers.
AdvantageslfApproved:
The 2005 Law Enforcement Terrorism Prevention Grant provides funding for homeland security intelligence efforts.
Disadvantages If Approved:
�vone. AUG 1 2 20�5
MAYOR'S OFFIGE
Disadvantages If NOt Approved: �
Loss of grant funds available that will provide homeland security intelligence, sharing of information that could preempt possible
terrorism attacks.
Total Amount of 11 2500 CosURevenue Budgeted: �y pr° ��° ����
Trensaction: � �"' j }.. I
Fund�nq source: State of Minnesota ActiviN Numbh: ���¢ i 11.—
Financial Information: ��$� ��`��� ��� AUG 1 C 2405
(Explain)
A�G 15 2a05 ��`TY ATTORNE�
os - ���
HSEM Grant # 2005-LETPP-00536
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv,
Division of Homeland Securitv and Emer�encv Mana gement 444 Cedaz Street, Suite 223, St. Paul,
Minnesota 55101-6223 ("State") and Citt' ^f a va„i t S w KPtlnuu RnnlevarcL St. Paul Minnesota 55102
("Grantee").
Recitals
Under Miuu. Stat. §§ 12.22 and 299A.01 Subd 2(41 the State is empowered to allocate and disburse
federal funds made available through the Department of Homeland Security and is empowered to enter
into tlus grant contract.
The State is in need of the distribution of federal funds to eligible grant recipients pertainiug to the 2005
Homeland Security Grant Program, Awazd Number 2005-GE-TS-0619, to purchase equipment for
protecting first responders and strengthen terrorism response capabilities by providing funding for
exercises, training, plamvng and organizational activities.
The Grantee represents that it is duly qualified and agrees to perform all services described in this grant
conh to the sarisfaction of the State.
Grant Contract
Term of Grant Contract
1.1 Effective date: Mav 23. 2005, or the date the State obtains all required signatures under Minnesota
Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully
executed, the Grantee may claim reunbursement for expenditures incurred pursuant to Clause 4.2
of this grant contract. Reimbursements wiil only be made for those expenditures made according to
the terms of this grant contract.
1.2 Expiration date: March 31, 2007; or until a11 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. Government Data Practices; 12. Publicity and
Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure.
2 Grantee's Duties
The Crrantee, who is not a state employee, will:
2.1 Perform the work in the Grantee's 2005 Homeland Security Grant Program Application,
Attachment A, which is attached and incorporated into this grant contract. Approved equipment,
exercise, training, planning, organizational, and/or management and administration costs identified
in Attachment A were approved from the 2005 Homeland Security Grant Program Guidelines
incorporated into this grant contract by reference.
2.2 Comply with all program guidelines specified in the 2005 Homeland Security Progam 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 are the following:
a. Federal Audit Requirements, labeled Attactiment B, which is attached and incoxporated into this
grant contract.
b. Federal Assurances, labeled Attachment C, which is attached and incorporated into this grant
contract.
2005 Homeland Security Program (04/OS) Page 1
�-77�
HSEM Grant # 2005-LETPP-00536
c. Grantees receiving $100,000.00 or more must complete and retum the Certification Regarding
Lobbying form, labeled Attachment D, which is attached and incoYporated into this grant
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 Grantee may be required to supply
documentation certifying that a reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federai funds.
2.4 Provide all necessary training to their employees concerning 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 fhe equipment and bear
a11 costs of maintenance, repair andlor replacement related to equipment. Equipment purchased
through this grant contract is the property of the Grantee.
2.6 When pracricable, any equipment purchased with grant funding shall be prominently marked as
follows: "Purchased with funds provided by the U.S. Department of Homeland Securit}�'.
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 Narional Tncident
Management System (NIMS), and Homeland Security Presidential Directive (ASPD) 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.
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.
4 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 Crrantee will be reimbursed an amount not to exceed $112.500.00
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 con�act.
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.) Grantee certifies that the following matching
requirement, for the grant contract, will be met by the Grantee: $0_00.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to
the Grantee under this grant contract will not exceed $112.500.00 .
4.2 Payment
2005 Homeland Security Program (04/OS) Page 2
cr-���
HSEM Grant # 2005-LETPP-00536
(1) Grant Billzng Form. The State will promptly pay the Grantee after the Grantee presents a Grant
Billing Form for the services actually performed and the State's Authorized Representative
accepts the invoiced services. Grant Billing Form must be submitted timely and according to the
following schedule:
a. Grantee will submit the Grant Billing Form along with copies of Grantee's itemized invoices
for actual costs incutred 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 (3uly through 7une) of this grant contract must be for
services satisfactorily performed within applicable state fiscal yeaz. Final Grant Billing Form
pertaining to the first state fiscal yeaz of tlus 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 7uly 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 final Grant Biliing 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 narrarive 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 shall consist of a comparison of actual accomplishments to the approved
work plan in Attachment A. These reports must be subxnitted before reimbursement will be
paid.
(2) Federal funds. (Where applicable, ifblank 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 Deparhnent of Homeland Security Appropriarions Act of 2005. The
Grantee is responsible for compliance with all federal requirements ixnposed on these funds and
accepts full financial responsibiJity for any requirements imposed by the Grantee's failure to
comply with federal requirements.
Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's
satisfaction, as determined at the sole discretion of the State's Authorized Representative and in
accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The
Grantee will not receive payment for work found by the State to be unsarisfactory or performed in
violation of federal, state, or local law.
Authorized Representative
The State's Authorized Representative is Kristen Sailer Grants Specialist Division of Homeland
Securitv and Em ereencv Management 444 Cedaz Street Suite.223 St. Paul, MN 55101, ohone
�6511215-6939 fax (651) 296-0459, 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 are satisfactory, the State's Authorized Representative will certify acceptance on each
Grant Billing Form submitted for payment.
The Grantee's Authorized Representative is Matthew Bostrom Senior Commander, Citv of St.
2005 Homeland Security Program (04/OS) Page 3
OS-77(a
HSEM Grant # 2005-LETPP-00536
Paul 367 Grove Street St Paul Minnesota 55106 phone (6511266-5733 faac(6511266-5542. If
the Grantee's Authorized Representative changes at any time during this grant con�act, the Grantee
must immediately notify the State.
7 Assigament, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment The Grantee may neither assign nor transfer any rights or obligarions under this
graut conizact without the prior consent of the State and a fully executed Assignment
Agreement, executed and approved by the same parties who executed and approved tYus gant
con�act, or their successors in office.
72 Amendments. Any amendment to this grant contract must be in writing and will not be
effecrive until it has been executed and approved by the same parties who executed and
approved the original geant conteact, or their successors in office.
73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not
waive the provision or its right to enforce it.
7.4 Grant Contract Complet� This grant contract contains all negotiations and agreements
between the State and the Cnantee. No other understanding regazding this grant contract,
whether written or oral, may be used to bind either party.
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any
ciaims 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 baz any legal remedies the Grantee may have for the State's failure to fulfiil
its obligations under this grant contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting
procedures and practices relevant to this grant contract aze subject to exanunation 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 Govemment Aata 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, collected, received, stored, used, maintained, or disseminated by the Grantee
under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
referred to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must
immediately notify the State. The State will give the Grantee instructions conceming the release of
the data to the requesting party before the data is released.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 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
05-7 �b
HSEM Grant # 2005-LETPP-00536
consequence of any act or omission on the part of these employees aze in no way the State's
obligation or responsibility.
12 Pablicity and Endorsement
12.1Publicity. Any publicity regazding the subj ect matter of tivis 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. All
publications created with funding under this grant contract shall promineritly contain the
following statement: "This document was prepazed under a gant from the Office of State and
I.ocal Government Coordination and Preparedness (SLGCP), U.S. Department of Homeland
Security. Points of view or opuuons expressed in this docmnent 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 inciudes notices,
informational pamphlets, press releases, reseazch, reports, signs, and sunilar public notices
prepazed by or for the GZautee individually or joinfly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this grant contract.
Recipient aclrnowledges 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 award or sub-award;
and (2) any rights of copyright to wiuch a recipient or subrecipient purchases ownership with
Federal support. The Recipient agrees to consult with SLGCP regarding the allocarion of any
patent rights that arise from, or are purchased with, this funding.
12.2Endorsement. The Grantee must not claim that the State endorses its 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 time, with or
without cause, upon 30 days' written notice to the Grantee. Upon terxnination, the Grantee will
be entitled to payment, deterxnined on a pro rata basis, for services satisfactorily performed.
14.2Termination for Insufficient Funding. The State may immediately terminate ttus 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 fas notice to the Grantee. The State is not
obligated to pay for any services that are provided after notice and effective date of
termination. However, the Grantee will be entitled to payment, determined on a pro rata basis,
for services satisfactorily performed to the extent that funds are available. The State will not
be assessed any penalty if the grant contract is terminated because of the decision of the
Minnesota Legislature, or other funding source, not to appropriate funds. The State must
provide the Grantee notice of the lack of funding within a reasonable time of the State
receiving that notice.
14.3Termination for Faiture to Comply. The State may cancel this grant contract immediately if
the State finds that there has been a failure to comply with the provisions of this grant, that
reasonable progress has not been made or that the purpose for which the funds were granted
2005 Homeland Security Prograin (04/05) Page 5
� 7��
HSEM Grant # 2005-LETPP-00536
haue not been or will not be fulfilled. The State may take acrion to protect the interests of the
State of Minnesota, including the refusal to disburse additional funds and requiring the return
of all or part of the funds akeady disbursed.
15 Data Disclosnre
Under Minn. Stat § 270.66, and other applicable law, the Grantee consents to disclosure of its
social security number, federal employer taac identification number, and/or Minnesota tax
identification number, already provided to the State, to federal and state taY agencies and state
personnel involved in the payment of state obligations. These identificarion numbers may be used
in the enforcement of federal and state tas laws which could result in action requiring the Grantee to
file state tas retums and pay delinquent state ta� liabilities, if any, or pay other state liabilities.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
/,ulividual certifies thaf fundr hale been encumba'ed as
reguired byMinrs. Smt §§ 16A.15 rsnd ]6CO5. By:
Signed:
Date:
Grant Contract No 2005-LETPP-00536 / 2000-10540
2. GRANTEE
The Grantee certifies thaf the appsopriale person(s)
haveexe �aljofthe ranteeas
requirui�np � a6lepnutes, byl s, resatuti s, or or�imances.
ll
By: � �l
Date: �
By:
Title:
Date:
(with delegated authority)
Title:
Date:
Distnbulion:
DPSlFAS
Grantee
State's Authorized Represenfative
2005 Homeland Security Progam (04/05) Page 6
� �7�
ATTACHNIENT A
f� �TPP- a3ss6 -aad.�-�9a � .
2005 LAW ENFORCEMENT �_ �
TERRORISM PREVENTION PROGRAM
��{-�-ao�-L�lP�-ov�
Must be submitEecl by close of business MARCH ii, 2405
. _ , .., -_ _
tName i�ifa�fYleW�iis#fam , __� _ • � �.' Phone _
Senior Co�mander , ` - _ -
_:...- --`_,_ -- - °
, _ _ , ._.:_ . _ , .- _ � . . . •- . -
;.. -.
_ . , . .: -. :.
....,.:. -._ __..,-::_ ._ . _-
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s 367-Grov� Strsef : : - :.° _ - -
: ::. ....... ,. :...
Saint Paul.: � � county R2Ti1Sey;... _.. ,_ �; , - Stafe: MN zip - 55'i06
` - : _ '' ., _ . .. r ... -- . - " pax Number 65� 266"-5542:_ _ .;
Address mait.bost�om@cistppaul.rr�r�:us_ ° � - )
Please enfer the amount awarded to your jurisdicfion for .��� -�6-' �"
Amount fhis grant Confact HSEM staff if this amount is not known. �'$`i;,�_ ;:i;>�'��: •
by County
Dispersed to CitiestTownships
R OBJECTIVES - Please explain how the resources requested in this application will enhance your
iction's ability fo prevent a terrorist act and be prepared to demonstrate how homeland security will be
ved. Also, please indicate how the specific items requested support and are consistent with the overall
Homeland Secunty St2tegy. ,� ; ,
:.funds wi1C be used to �upporT an intelligence analyst pos�fion at the Infarmai�on Shann� a�d Analysis =
. __ ' —'.. . ..., _'..' ' _____..,.... ��a �...:..::D.4.di.,;�,;nnaraFiiw�fikY'1ha'lltireiP.lan(1�S2GUrifV- ` ....__
�vt o� �a. i. y . ..., i . - _ o _ ,. , . , .
�,.. �;. _ - . y . _ . • . r _ -_ . t -. t • , - _
govemmenf`manac�ers, and pnvata paRners. . . , �."
STATE STRATEGY LI�NK - Explain how resources requested support the overall State Homeland Security
Strategy. in addition, please reference the specific goals�d objectives identified in the State Strategy that
these requested equipment needs address: �j
Date: :?`;�`=; `� <I.,'� c �`
��""" •TIxP4�!El.�eNi!?LIL�:JS.� v+. - •. . . . . �_ . .......
'� � � A-
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2005 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
EQUIPMENT WORKSHEET
Please use the highlighted Iines below each category to indicate intended equipment purchases. If more lines are
required, use those provided on tlie "Add'I Eqpt Lines" tab.
' UNIT PR10E SHOULD INCLUDE TAX AND SHIPPING/HANDLING EXPENSES
° DISCIPLINE ALLOCATION: Please use the dro�down list to indicate the allocated discipiine for the units (Q"fY) to be purchased. For
example, if seven units are to be purchased for Hazardous Materials, seled the HZ value. If more than one discipline is receiving
purchased units, specify the allocation using subsequent lines as shown in the example.
Discipline LE-LawEnfo(cerre�i FS-RreService PS-PublicHealth
Abbreviations EMS - Emergency M�ca� Services HZ - Hazardous Materials GA - Gwemmental Administrative
EMA-Emergenc/Management PW-PublicWOrks HC-HealihCare
PSC - Public Safety Communications
ODP PROJECT• Please use the drop-down list to select the ODP pre-defined proiect title for each equipment requested_
1. Personal Protective E ui ment
Item Unit Price• QTY Total Disc" ODP Project Receiving Jurisdiction
$ - $ -
$ - $ -
� _ R -
�
0
0
e
2. Exolosive Device
r
e
r
0
0
0
e
& Remediation
ONL
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s
r
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3. Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE)
Search and Rescue Equipment
0
0
e
4. Information T
DPSfHSEM 20051AW ENFORCEMENTTERRORISM PREVENTION PROGRAM
0
0
0
C
0
e
Page A-2
Page 8-1
05 77(�
2005 LAW ENFORCEMENT 7ERRORISM PREVENTION PROGRAM
5.
0
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s
6. Interoperable Communications
0
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7. Detection
8. Decontamination
0
10. Power
r
0
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0
0
0
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0
0
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0
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ELIGtBLE VJI7HIN.THE LETPP GR.4NT
ELIGIBLE WI7HIN THE LETPP GRANT
DPSlHSEM 2005 LAW ENFORCEMENT TEftRORiSM PREVENTION PROGR4M Pa9e B-2
11. CBRNE
12
2005 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
�ce Materials
Incident
13. Terrorism Incident
En
0
0
0
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e
14.
.FiZ�
0
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e
15. Insp
item
'� 6.
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$ -
5 -
$ -
S -
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Vehicles
Unit Price
$ -
$ -
$ -
$ -
$ -
$ -
Q -
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as �z�
Jurisdiction
Page A-4
Page 63
OS 77(0
2005 lAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
r�.�:�:�r
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18. CBRNE
0
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19. CBRNE Logistical
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20.
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0
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Other Authorized
� - � -
- � - S -
Sustainment Costs S - $ '
Subtotal $ '
Total Equipment Amount Re uested $
NOT ELIGIBLE WITHIN THE LETPP GRANT
Page A-5
DPS/HSEM 20051AW ENFORCEMENY TERRORISM PREVENTION PROGRAM Page B-4
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HSEM Grant # 2005-LE'I'PP-00536
ATTACFIMENT B
FEDERAL AUDIT REQUIl2EMENTS
For subrecipients that are state or local govemments non-profit or�anizations or Indian hibes
Ifffie grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain either a
single audit or a program-specific audit made for the fiscal yeaz in accordance with the terms of the Single
Audit Act Amendments of 1996.
Audits shall be made annually unless the state or local govemment has, by January 1, 1987, a constitutional or
statutory requirement for less frequent audits. For those govemments, the federal cognizant agency shall permit
biennial audits, covering both yeazs, if the government so requests. It shall also honor requests for biennial
audits by governments that have an administrative policy calling for audits less frequent than annual, but only
audits prior to 1987 or admuristrative policies in place prior to 7anuary 1, 1987.
For subrecipients that aze institutions of hi�her education or hospitals
If the grantee expends total direct and indirect federal assistance of $500,000 or more per yeaz, the grantee
agrees to obtain a financiai and compliance audit xnade in accordance with OMB Circulaz A-110 "Requirements
for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizarions" as applicable. The
audit shall cover either the entire organization or a11 federal funds of the organization.
The audit must determine whether the subrecipient spent federai assistance funds in accordance with applicable
laws and regulations.
2. The audit shali be made by an independent auditor. An independent auditor is a state or local government
auditor or a public accountant who meets the independence standards specified in the General Accounting
Office's "Standazds for Audit of Governmental Organizations, Programs, Activities, and Functions."
3. The audit report shall state that the audit was performed in accordance with the provisions of OMB CircularA-
133 (or A-110 as applicable).
The reporting requirements for audit reports shall be in accordance with the American Insrihxte 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 addition to the audit report, the recipient shall provide comments on the findings and recommendations in the
report, inciuding a plan for corrective action taken or planned and comments on the status of corrective action
taken on prior findin gs. If corrective 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 fmancial statements as may be
necessary for the grantor to comply with the 3ingle Audit Act Amendments of 1996 and ONIB Circular A-133.
5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit
Act and OMB Circulaz A-133.
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
2005 Homeland Security Program (04/OS) Page B-1
05 776
HSEM Crrant # 2005-LETPP-00536
7. The grantee agrees to retain documentarion to support the schedule of federal assistance for at least four years.
�
OMB Circular A-133 requires recipients ofmore than $500,000 in federal funds to submit one copy of the audit
report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East lOth Street
Jeffersonviile, Indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safet}�'s audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Admuustrative Services
444 Cedaz Street
Suite 126, Town Squaze
St. Paul, MN 55101-5126
2005 Homeland Security Program (04/05) Page B-2
� ���
HSEM Grant # 2005-LETPP-00536
ATTACAMENT C
FEDERAI. A5SUi2ANCES
The Applicant hereby assures and certifies compliance with all Federai statutes, regulations, policies, guidelines
and requirements, including OMB Ciuculars No_ A-21, A-110, A-122, A 128, A-87; E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that
govem the application, acceQtance and use of Federal fixuds for this federally-assisted proj ect. Also the
Applicant assures and certifies that:
1. It possesses legal authority to apply for the grant; that a resolution, 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
identified as the official representative of the applicant to act in connection with the application and to provide
such additional informarion may be required.
2. It will comply with requirements of the provisions of the Uniform Relocarion Assistance and Real Properiy
Acquisitions Act of 1970 (P.L. 41-646) which provides for fair and equitable treatment of persons displaced as a
result of Federal and federally-assisted programs.
3. It will comply with provisions of Federal law which limit certain political activiries of employees of a State
or local unit of government whose principal employment is in connection with an activity financed in whole or
in part byFederal grants (5 USC 1501, et seq.).
4. It will comply with the minimum wage and masimum hours provisions of the Federal Fair Labor Standazds
Act.
5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others, particularly those with
whom they have family, business, or other ties.
6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access
to and the right to examine all records, books, papers, or documents related to the grant.
7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project aze not listed on the Environxnental 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 Activiries 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 Section 102{a) of the Flood Disaster
Protecrion 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 o�' flood insurance in communities where such insurance is
available as a condition for the receipt of any Federai financial assistance for construction or acquisition
purposes for use in any area that has been identified by the Secretary of the Departxnent of Housing and
Urban Development as an area having special flood hazards. The phrase "Federal financial assistance"
2005 Homeland Security Program (04/OS) Page C-1
US �77�
HSEM Grant # 2005-LETPP-00536
includes any form of loan, grant, guazanty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance.
10. It will assist the Federal grantor agency in its compliance witb Seclaon 106 of the 1Vational 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 eligible
for inclusion in the National Register of Historic Places that are 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 ali requirements established by the Federal grantor agency to avoid or mitigate
adverse effects upon such properties.
11. It will comply, and assure the compliance of all its sub-grantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile
Justice 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, M71001;
and all other applicable Federal laws, orders, circulars, or regulations.
12. It wiil comply with the provisions of 28 CFR applicable to grants and cooperative agreements including
Part 18, Administrative Review Procedure; Part 20, Criminal7ustice Information Systems; Part 22,
Confidentialiry of Idenfifiable Research and Statistical Informafion; Part 23, Criminal Intelligence Systems
Operating Policies; Part 30, Intergovernmental Review of Deparhnent of Justice Progams and Activities;
Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures
for Implementing the National Environmental 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 VT of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department
of 7ustice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
14. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrunination 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 Civil
Rights, Office of Justice Programs.
15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
applicarion is for $500,000 or more.
16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federai funds within the units of
the Coastal Barrier Resources System.
2005 Homeland Security Program (04/OS) Page C-2 �
QS 7��0
HSEM Grant # 2005-LETPP-00536
ATTACHNIENT D
CERTIFICATION REGARDING LOBBYING
For State ofMinnesota Contracts and Grants over $100,000
The undersigned certifies, to the best of lus or her lrnowledge 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 maldng of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendxnent, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Fedezal 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 connecrion with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standazd Form-LLL,
Disclosure Form to Report L,obbying in accordance with its instrucfions.
(3) The undersigned shall require that the language of this certificafion be included in the awazd
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transacfion was
made or entered into. Submission of ttus certification is a prerequisite fox 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.
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Organization Name
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Name ax�i Title of
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Signature of ficial
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Date
2005 Homeland Security Program (04/OS) Page D-1