05-778Council File #
Green Sheet #
RESOLUTION
CITY � SAINT PAUL, MINNESOTA
Presented By:
W
os- ��S
3027585
��
Referred To: Committee:Date:
1 WIIEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota
2 Department of Public Safety for the 2003 Homeland Security Part 2 Critical Infrastructure Macabbi
3 Games Grant; and
4
5 WHEREAS, this grant provides funding for overtime to provide security at Macabbi Games which
6 will be held in the Twin Cities from August 7 through August 11, 2005; and
7
8 THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul
9 to enter into, and Chief John Harrington to implement the attached grant agreement, which includes an
10 indemuification clause. A copy of said agreement is to be kept on file and on record in the Office of
11 Financial Services.
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28
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30
Yeas Nays Absent � Requested by Department of:
Benanav
Harris
✓
�
✓
Thune
Adopted by Council:Date:
Adoption Certified by Council Secretary:
By:
B
.�
ao
�
Mayor fo�
2003 Homeland SecuriTy Equipment authorize gran[ agreementcc2005
Form�ved by CiTy Attorney:
pS- "??$ �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef Gceen Sheet �
PD — Police Dep�uwent
Contacf Person & Phone:
Chief John Hartington
266-5588
Must Be on Council Aaen
03-AUG-0S
�/
Assign
Number
For
Routirg
Order
Green Sheet NO: 3Q27585
DeoartmeM SentToPerso� InkiallDate
0 li n Po' nt
1 0' a n[ ntDir or �
y rvi man i 1
3 i A rne 'tv orn �
4 a r' Ma r
5 on't Ca '1
6 i rk
7 "ceDe artm n ol' artrteent
Total # of Signature Pages 1( All locations for Signature�
Action Requested:
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent, to emer into the attached
agzeement with the Minnesota Department of Public Safety.
Recommendations: Approve (A) or R
Planning Commission
CIB Committee
Civil Sernce Commission
�
7. Has this personlfirm ever worked under a contract for this depar[menY?
Yes No
2, Has this personffirm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill rrot nortnally possessed by any
�- current city employee?
Yes No
Explain a!1 yes answers on separate sheet aod attach to green sheet
Initiating Problem, Issues, Opportunity(1Nfio, What, When, Where, Wny): �
The City of Saint Paul, Police Deparhnent, has receivad a 2003 Homelznd Security Part 2 Criucal Infrastructure Protection Macabbi
Games Grant from the Minnesota Department of Public Safety. Authorizarion is needed to enter into a grant agreement with the
Mmnesob Dapardnent of Public Safery.
Advanta5les If Approved: '
This grant provides funding for overtime to provide security at Macabbi Games which will be held in the Twin Cities from August
r�o�gh au�st � i, zoos. RECE�VEd
Disadvanta5les If Approved:
None.
AUG 12 2005
MAYOR'S OFFICE
DisadvantageslfNotApproved:
Loss of granr funds ayailable that will enable the police department to provide security as well as inteliigence gathering abili�
Maccabi games sites, which are tradiuonaliy a high rarget for attack.
'otal Amount of 2 �� Q
Transaction:
Funain� source: State of Minnesota
Financiat Information:
, (Ezptain)
Servtce contracW must answer tne ronowmg
CostlRevenue Butlgeted;
Activity Number: 34098
�t §��s��rc� CQnt��
` �(
AUG 10 2005
�1�� �1, 1 �QI"����
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G,�c conr�� �ZOOO-zosas
STATE OF MINNESOTA
GIZANT CONTRACT
This �T811 contract is between the State of Minuesota, actiug through its Commissioner of Public Safetv. Division of
Emer�encv Manaeement 444 Cedar StreeL Suite 223. St PauL Minnesota 55101-6223 ("State") and CiN of St. PauL 15
W Keltosa Blvd. St PauL MN 55102 ("Grantee"}.
Recitals
1 Under Minn. Stat. § 299A.01 Subd 2(4) the State is empowered to enter into this grant contract
2 Under Minn. Stat. § 12_22 the State is empowered to allocate and disburse federai aid made available through the
United States Department of Homeland Security, Office for pomestic Preparedness.
3 Federal funds for this grant contract aze provided from the U.S. Department of Homeland Security, Office for pomestic
Prepazedness (ODP) Federal Fiscal Yeaz 2003 State Homeland Seourity Grant Program (SHSGP), Part II, Award
Number 2003-MU-T3-0030 for critical infrastmcture protection.
4 The State is in need of increased security and preparedness at critical infizsttuchue sites during periods of heightened
threat.
5 The Gracitee represents that it is duly qualified and agrees to perform a1I services described in this grant contract to the
satisfaction of the State.
Grant Contract
Term of Grant Contract
1.1 Effectave date: Anril l. 2005, or the date the State obtains all required sigtatures under Minnesota Statates
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begitn work uuder this granf contract until this contract is fully executed and the
Grantee has heen notified by the State's Authorized Represeutaiive to begin the worls.
1.2 Ezpiration date: October 31. 2005, or until all obligations have been satis£actorily fulfilled, whzchever occurs
fust
13 Survival of Terms. The following clauses survive.the expirarion or cancellation-of this grant coatract 8. T;iatrility�
9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, 7urisdiction,
and Venue; and 15. Data Disclosure.
2 Grantee's Dufies
1'he Grantee, who is not a state employee, will:
2.1 Grantee will perform services and tasks as submitted and approved by the State in the Gzantee's Worksheet for
2403 Federal Homeland SecuriTy Grant Progtazn, Part Z Critical Infrashvcture Protection, Attachment A, which
attached and incorporated into this aracit canh
22 Grantee will comply with the £oilowing standazds and requirements.
a. Pederal Audit Requirements, (abeied Attachment B, which is attached and incorporated into this grant contr
b. Federai Assurances, labeled Attachment C, which is attached and incorporated inio this grant contract.
a For Grantee's receiving federal funds over $100,000.00, the Grantee must complete and return the Ceriific°
Regarding Lobbying, tabeled Attachznent D, which is attached and incorporated into this gant contract.
3 Time
The Grantee must comply with all the time requirements described in this grant contcact. In the performance of t�
grant contract, time is of tl�e essence.
4 Consideration aud Payment
4.1 Cnnsideration. The State will pay for all services performed by the Grantee under this grant contract as foll
(1) Compensation. The Grantee will be zeimbursed not more than $25,000.00, in accordance with breakdo
costs specified in Grantee's Worksheet for 2003 Federal Homaland Security Grant Program, Part 2 Cri�
Infrastructure Protection, Attachment A, which is attached and incorporated into this grant contract. T1'
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GranYee will submit a written change request for any substitution of approved budgeY category amounts in
Attachment A. Change requests must be given in writing to the State's Autharized Represeatarive and at least
60 days prior to the Expiration date of this �rant contract The State's Authorized Representative wiIl notify
the Grantee's Authori2ed Repzesentative in writing of the approval. Requests must be approved before any
expenditures can be made based apon the grantee's revised budget
(2) Matching Requiremenis. (If Applicabie.) Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Crrantee: $0.000.00.
(3) Totad Obligntion. The totai obligation ofthe State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $25.000.00.
4.2 Paymenr
(1) Invoices. The State will pmmptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices
mnst be submitted timely and according to the following schedule:
a. Grantee will submit itemized ittvoices for actual costs incurred quarteriy, but not more often than monthly
and within 30 days of the period covered by the invoice.
b. Expenditures for each state fiscal year (7uly through June) uf this gratit contract must be for services
provided within applicable state fiscal yeaz. Final invoice for services provided through June 30, 2005
must be received by the Shate no later than August ] 5, 2005. Final invoice for services provided after
July 1, 2065 must be received by the State no latez than 45 days after the Expiration date of this grant
contract.
(2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this gant contracY
will be made from federal funds obtained by the State through FY 2003 State Homeland Securit�Grant
Prop�axn CFDA number 9 7 004 of the Omnibus Appropriations Act of 2003, Public Law 108-7. The Grantee
is responsible for compliance with all federaI requuements imposed on these £unds and accepts full fmancial
responsibility for any requirements itnposed by the Grantee's faiIure to comply with federal requiremen�.
5 Conditions of Payment
AIl services provided by fhe 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, nzles, and regula6ons. The Grantee will not receive payment for work
found by the SCate to be ¢nsatisfactory or pez in violation of federal, state, or local law.
6 Autkorized Representative
The State's Authorized Representative is Sharon Olson Grants Soecialist 444 Cedar Street Suite 223 St. Paul.
Minnesota SS I01 65I-282-5392. or his/het successor, and has the responsibility to monitor the Grantee's
performance and the authority to accept the services provided under this grant contract. Tf the services are
satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted far payment.
The Grantee's Authorized Representafive is John Harrinaton Chie£ City of St Paul 367 Cnove Str�eet St. Paul.
MN 55101. (651) 266-5542. If the Grantee's Authori2ed Representative changes at any time during this grant
contract, the Grantee must immediately notify the State.
7 Assignmenf, Amendments, Waiver, and Grant Contract Complete
71 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without ttze prior consent o£ the State and a£uIly executed Assignmene Agreement, executed and approved i
the same parties who execc�d and apQroved this grant contract, or the'u successors in oi�ice.
72 Amendments. Any amendment to this grant contzact must be in writing and will not be effective unril it h�
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office.
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7.3 N'aiver. If the State fails to enforce any provision of this grant contract, that failure dces not waive the
provision or its right to enforce it
7.4 Grant Contract Complete. This gFant contract contains all ne�otiations and agzeements betweett the State and
the Grantee. No other understandin� regard3ng this grant contract, whethez written or ornl, may be used to
bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless frnm any claims or
causes of actioa, including attomey's fees incurred by the State, atising fzom the performance of this grant contract
by the Grantee or the Grantee's agents or employees. This clause wi11 not be constcued to bar any legal remedies
the Grantee may have for the State's failure fo fulfill its obligations under ftiis �ant contract.
State Audits
Under Minn. Sta1. § 16C.05, subd, 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract aze subject to examination by the State aztdlor the State Anditor or
I.egislative Auditor, as appropriate, for a minimum of siz yeazs from the end of this graut contract.
10 Govemment Data Practices
The Grantee and State must compiy with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it
applies to a11 data provided by the State under this grant contract, and as it applies to all data created, collected,
received, stored, nsed, maintained, or disseminated by the Grantee under this gant coniract. 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.
1f the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately norify
the State. The State will give the Grantee instructions concerning the release of the data to the requesting party
before the data is xeleased.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat.§ 176.181, subd. 2, pertaining Yo workers'
compensafion insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensarion Act on behal£ of these employees and any
claims made by any third party as a consequence of any act or omission on the part of these employees are in no
way the State's obiigation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any pubiicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representaflve. For purposes of this provision, publiciry includes norices, infotmational pamphlets, press
reieases, 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
resulting fzom this grant contract,
12.2 Endorsement. The Grantee mast not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Veuue
Minnesota law, without regard to its choice-of-law pmvisions, 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 compete�
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Terminatiore by the Stat� The Staie may cancel this grant contract at any fime, with or without cause, upon
30 days' written notice to the Crrantee. Upon termination, the Grantee wiI] be entitled fo payment,
determined on a pro rata basis, for services satisfactorily performed_
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GrantConuact#2000-10548
142 Ternaination for Insufficient Fundisg. The State may immediaTeIy terminate this grnnt comract if it does
not obtain fundin� from the Minnesota Legislature, or other fuuding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. Tecmination must be by written or
faz notica To the Grantee. The State is not ob[igaied to pay for any services that are provided after notice and
effecrive date of termination. However, the Grantee will be enritled to payment, determined on a pro iafa basis,
for services satisfactorily performed to the eartent that funds are available. The State v✓ill not be assessed any
penaity if the grant contract is terminated because of the decision of the Minnesota I,egislaiure, or other
funding source, not to appropriate funds. The State must provide tUe Grantee notice of the lack of funding
wititin a reasonable time of the State receiving that notice.
Data Disclosare
Under Minn. Stat.§ 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal empioyer tax identificarion number, andlor Minnesota tax idenrification number, already provided
to the State, to federal and state tazc agencies and state personnel involved in the payment of state obligarions.
These idenfification numbers may be used in the enforcement of fedezal and state t� laws which could result in
action requiring the Grantee to file state taz returns and pay delinquent state t� liabilities, if any, or pay other state
liabitities. „ /
1. ENCU1Vll3RANCE VE�ICA ON 3.
Individual cerhfies that fu kave been en ered ¢s
requsred by Minn. Stat. §§ 16A15 and 16C. By:
Signed:
Date:
Grant Conuact No.
2. GRANTEE
The Grantee certifies that the appropr£ate person(sJ
have executed the grant contract on behalf af ihe Grantee as
required by applicable wticies, byiaws, resoluriorzr, or ordin
$y:
Title: Chief c
Date:
By:
'�.
Titie: Ma�or �
Date:
Tit1
1��3
B
Ti
Da
By
Ti
Da
bisvibution:
DPS/FAS
Grantae
STaze's Authonzed Represenqrive
2003 DHS ODP CI Part II(02/04)
05/31/2005 13:44 6512665542 ST PRUL POLICE DEPT �'7Z (T
WaWCSHEET POR 2003 FEDERAL
HOMEiAND S�CURtTY GRANT PROGRAM,
PART Z CRt77CAL iPiFRASTRUCTURE Pl20TECTION
Loq� Unii �f Govemmeltt City of Saint Paui Police Department
�ontactName Ch�ef xarrinston Title ChsPf PhOnet,651) 2b6-5588�
E-meilAddress �ohn,harringson@ci.stpaul_mn.us FaX Number( 266-5542
Addie55 _367 Grave Stzeet �
City St. Paal
Coun�y xa,asey
State � 7ap 55101
CRiTICAL INFFtASTRUCTURE S1TE(S): Macabbz Games
AND/pR EVENTS PROTECTED
PROGRAM JUSTIFICATION NARRATIVE_ Please justrfy the Overfime costs whfcft are being requested;
.-- •-�� �_����, v ��w�3« JU111VL viympic evenc, wi�.,L be held �J,A tHe �.rin �itiee� ftom �.
Auguet 7 through August 21, 2005. These games are held in vaz�ous cities, several times a
year and are a tzadittoaal high target population for attack. The overtime Euads will be
nsed to ptovide secutity at the sites'as vall ae provide intelligence gathering abi,lity
are aieeiz�'�l�u�.�'� will be held. at m�J,tiple veaues izz Che Twin Citiea
4VERTIME COSTS
Claim Period: Juf �, 2005 — Au ust 31 2005
ESTIMA?ED NUMBER OF OYER7IME AVERAGE OVERTlME AMOUNT REQUESTEQ
HOURS RATE (ES'l7MATED NO.OF OT N�URS X
Approximate].y 454
$55
25,000
Print Name:. ,, John
Signature:
OS-�� 3'
Grant Contracf �2000-I0389
: � � :1 /
FEDERAL AUDIT REQUIItEMENTS
1. For subrecipients thai are state or local2overnments non-profrt oreanizztions. or Indian fribes
If the �rantee 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 frscal year in accordance with the terms of the Single �udit Act
Amendments of 1496.
Audits shall be made annually unless the state or local govemment has, by January l, 1987, a constitutional or statutory
requirement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits,
covering both yeacs, if the government so requests. It shall also honor requests for bienniai audits by �overnments that
have an administrative policy calIing for audifs less frequent than annual, but only audits prior to 1987 or administrarive
policies in place prior to January 1, 1987.
Por subrecipients that are institufioas of hiQher education or hospitais
ffthe grantee expends tofal d'uect and indireet federal assistance of $500,000 or more per year, the grantee agrees to obtain .
a financiai and compiiance audit made in accordance with OM$ CircuIaz A-110 "Requirements foz Grants and
Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. T?�e audit shall cover either
the entire organization or all federa( funds of the organization.
The audit must detemriue whether the subrecipient spent federal assistance fiznds in accordaace with applicable laws and
regulations.
2. The audit shalt be made by an indapettdent auditnr. An independent auditor is a state or local government auditor or a
pubiic accountant who meets the independence standards specified in the General Accounting Office's "Standards for
Aadit of Crovemmental Organizations, Prograzns, Acrivities, and Functions."
The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A
I l0 as applicable).
The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Publ�
Accounts' (AICPA) audit guide, "Audits of State and Locai Governmental Units," issued in 1986. The federai govemme�
has approved the use of the audit a ide.
In addition to the audit report, the recipient shail provide comments on the findings and recommendations in the rep�
including a plan for corrective action taken or planned and coaunents on the status of conecrive action taken on p�
findings. If corrective actiott is not necessary, a statement describing the reason it is not shouId accompany the a�
report.
4. The grantee agrees that the grautor, the Legislative Auditor, the State Auditor, and any independent auditor designate�
the grantor shall have snch access to grantee's records and financial statements as may be necessary for the grant�
comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133.
5. Gzantees of federat financial assistance from subrecipients aze also required to comply with the Single Audit Act and �
Circulaz A-133.
6. The StatemenY of Expenditures form can be used for the schedule of federai assistance.
2003 DHS ODP Crirical Infiastructure Part II (02/04) PaSQ B' j
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Grant Conixact n2000-10389
7. The �antee agrees to retain documentation to support the schedule of federal assistance for at least four years.
8. Required audit renorfs must be filed with the State Aaditor's Office. Sinele Andit Division. and with federal and
state a2encies Dmvidi federal assistance, within sia months of the grantee's fiscal vear end.
OMB Circulaz A-133 requires recipients of more 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 £ollowing address:
Bureau of the Census
Data Preparation Division
1201 East lOth Street
Jeffersonville, Tndiana 47132
Attn: Single Audit Clearinghouse
The Depaztment o£ Public Safety`s audit report should be addressed ta:
Minnesota Deparknent of Public Safety
Office of Fiscal and Administrarive Services
444 Cedaz Street
Suite 126, Town Square
St. Paul, MN 55101-5126
2003 DHS ODP Crirical Infrastructure Part II(02/04) Page B-Z
� ��8
Grant Contract rk2000-10389
ATPAC�NT C
FEDERAI. ASSIJRANCES
The Applicant hereby assures and certifies compliance with all Federai statutes, reb IaTions, policies, �uideiines and
requiremenfs, incIuding OMB Circulars No. A-21, A-120, A-122, A-128, A-87; E.O. 12372 and Unifoim Adm;nicn�r�ve
Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application,
acceptance and use of Federal fixnds for this federally-assisted project Also the Applicant assures and certifies that:
I. It possesses legal authority to apply for the grant; that a resolution, motion or similaz acrion has been duly adopted or
passed as an of&cial act of the applicanYs governing body, authorizing the filing of the application, including all
understandings and assivances 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 information may be
required.
2. It will comply with requirements of the provisions of the Uniform Relocarion Assistance and Real Property Acquisitions
Act of 1970 (P.L. 91-646) which provides for fair and equitable treatrnent of persons dispIaced as a result of Federal and
federaily-assisted programs.
3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit
of government whose principal employment is in connection with an acrivity financed in whoIe or in part by Fedetal grants
(5 USC 1501, et seq.).
4. It will comply with the minimum wage and ma�cimnm 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 appearance
of being motivated by a des'ue for private gain for themseives or others, particulazly those with whom they have faznily,
business, or other ties.
6. It will give the sponsoring agency or the Comptrolier General, through any authorized representative, access to and the
right to examine all records, books, papers, or docwnents related to the grant.
7. It will comply with all requirements imposed by the Fedetal sponsoring agency conceming 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 are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it wiIl
notify the FederaI grantor agency of the receipt of any communication frrom 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 wxth the flood insurance purchase requirements of Seerion 102(a) of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87 Stat. 975, approved Dacember 31, 1976, Secrion 102(a) requires, on and afrer Mazch 2,
1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of
any Federal fmancial assistance for consiruction or acquisirion purposes for use in any area that has been identified by
the Secretary of the Depar�tent of Housing and Urban Development as an uea having special flood hazards. The
phrase "Federai financiai assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or gant, or any other form of direct or indirect Federa] assistance.
10. It will assist the Federal grantor agency in its compliance with Secrion 106 of the Narional Historic Preservation Act of
1966 as amended (16 USC 470), $xecutive Order 11593, and the Archeological and Historical Preservation Act of
1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preseroation Officer on the conduct of
Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register o£ Historic
Places that aze subject to adverse effects (see 36 CFR Part 800.8) by the acUvity, and notifying the Federal grantor
2003 DHS ODP Critical Infrastructure Part II (02(04) Page C-1
OS ��
GrantConuactn2000-10389
agency of the existence of any such properties and hy (b) complying with a11 requirements established by the Federal
�rantor agettcy to avoid or mitigate adverse effecYS upon such properties.
I1. It wili comply, and assure the compliance of all its sub-�rantees and contractors, with the applicable provisions of Title
I of the Qmnbus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency
Prevention Act or the V ictims of Crime Act, as appropriate; the provisiotts of the current edirion of the Office of
Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Fec3eral laws,
orders, circutazs, or regulations.
12. It wiIl comply with the provisions of 28 CFR applicable to �ants and cooperalive ageements including Part 18,
Administrative Review Procedure; Patt 20, Criminal Justice Information Systems; Part 22, Confidentiality of
Identifiable Research and Staristical Information; Part 23, Criminal Intetligence Systems Operafing Policies; Part 30,
Intergovernmental Review of Department of 7ustice Programs and Acrivifies; Part 42, Nondiscrimination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for Implemenling the National Environmental
Policy Act; Part b3, Floodplain Management and Wetland Protection Procedures; and Federal Iaws or regularions
applicable to Federal Assistance Programs.
13. It will camply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime
Control and Safe Streets Aet of I968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Tide
VI ofthe Civil Rights Act of 1964, as amended; Section 504 o£the Rehabilitarion Act of 1973, as amended; Subtitle
A, Tifle II of the Americans with Disabilities Act (t1DA) {1990); Title IX of the Education Amendments of 1972; the
Age Discrimination Act of 1975; Depariment of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts
C,D,E, and G; and Department of Jusuce regulations on disability discrimination, 28 CFR Part 35 and Part 39.
14. Tn the event a Federal or State court or Federal or State adminishative 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 fmding to the Office for Civil Rights, Office of 7ustice Programs.
15. If will provide an Equai Employment Opportunity Program if required to maintain one, where the application is for
$500,000 or more,
I6. 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 Pederal funds within the units of the Coastal Barrier
Resources System.
2003 DHS ODP Critical Tnfrastruct�re Part II (02/Q4) Page C-2
1� :
Grant Conhact �2000-10389
ATTACHMENT D
CERTIFICATION REGARDING LOBBYING
For State ofMinnesota Conhacts and Grants over $100
The undersigned certifies, to the best o£ his or hez knowledge and beiief thaz:
(1) No Federal appropriated funds have been paid or wili be paid, by or on behalf of the undecsigned, to any person
for influencing or attempting Yo intluence 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 connecdon with the awarding of any Federal cott�act,
ihe makiug of any Federal gran�t, the making of any Federal loan, the entering into of any cooperative a�rreement, and the
extension, continuation, renewal, amendment, or modificarion of any Federal contract, grant, loan, or cooperative
agreeutent.
(2) I£ any funds other than Federal appropriated funds have been paid or will be paid to any petson for influencing
oz attempting to infIuence 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, Disciosure Form to Report Lobbying in
accotdance 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 subconiracts, subgrants, and contracts under grants, loans and cooperarive agreements) and
that all subrecipienzs shall certify and disclose accorduzgly.
This cerii#ication 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 ot entering into tizis transacrion imposed by 31
U.S.C. 1352. Any person who fails to file the requued certification shall be subject to a civi] penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Organization Name
Nazne and Title of Official Signing for Organization
Signature of O£Ficial
Date
2003 DHS ODP Critical Infrastructure Part II(02/04) Page D-1