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06-189Presented By: Referred To: RESOLUTION CITY�F SAINT PAUL, MINNESOTA 13 Committee: Date i WHEREAS, the Department of Fire and Safety Services appiied for 2004 Urban Area Securities Initiative z Grant of $3,112,690 to purchase a new Computer Aided Dispatch (CAD) system, and 3 a WHEREAS, the original contract was approved on Council Resolution 04-904, and 5 s WHEREAS, State of Minnesota, through an amendment to the original grant contract, has extended the end � date of the original grant in order to allow sufficient time for project completion, and a s io ii iz 13 14 15 76 17 78 19 20 21 22 23 24 25 26 27 28 29 NOW THEREFORE IT BE RESOLVED, that the proper City officials are hereby authorized and directed to execute a grant contract amendment for a timeline extension with the State of Minnesota, Department of Public Safety as provided by the Saint Paul's Department of Fire and Safety Services; a copy if said agreement is to be kept on file and of record in the Office of Financial Services. Requested by Department of: & Safe Se ices � Approvai Recommended by Director of Financial Services: � Adopted by Council: Date � UO6 Adoption Certified by Council Secretary: � Approved by May.oC: Date ���� � � Council File # ,�p' �_l GreenSheet# 3029540 Submission to Council: � Green'Sheet �reen Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departmentloffice/council: Date Initiated: y � ` ��� FR - Fire I 30.JAN-06 . GPeell Sheel NO 3029540 ConWct Person & Phone: Tim BuUer 228-6217 Must Be on Co�ncil Aaen Total # of Signature Pages � Department Sent To Person �I i aUDate o � 0 ire /lssign 1 're i DeoartmentDirector I Number 2 � A �� t.� For Routing 3 a or'sOffce Nla oNAssi tant O�dOr 4 uncil 5 iN Clerk Citv Clerk (Clip pil loqtions for Signature) Approval of the attached Council Resolution authorizing the Department of Fire and Safety Services to enter into a grant contract amendmern for a timeline extension with the State of Minnesota for the 2004 Urban Area Securiries Iniriarives ('nant. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Mswer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces ihis personffirm possess a skill not normally possessed by any current ciry employee? ., Yes No 6cpfain a11 yes answers o� separate sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Saint Paul had previously been awazded a 2004 Urban Area Securiries Initiatives Grant for $3,112,690 from the State of Minnesota. The State of Minnesota has granted additional time for the City to co�lete the services and tasks covered by the grant. Advantages If Approved: The City of Saint Paul will be abie to compYete an upgrade to the Computer Aided Dispatch (CAD) system currently used throughout Ramsey County and the City of Saint Paul. The CAD upgrade is a xnajor element needed to create and implement a multi-agency interopecable voice and data communications system to link the City and County to other iesponse agencies throughout the metropolitau area and will eventually provide us with statewide communications accessibility. Disadvantayes If Approved: None. r i �r. i�r.�. Disadvantages If Not Approved: Lost opporhmity to secure adequate funding for crirical public safety systems impacting all aspects of emergency responses for the Police, Fire, and Ramsey County public safety agencies. � Transaction: 3112690 Funding Source: Gfant Finar.cial Information: (Explain) CosNRevenue Budgeted: y Activity Number: 510-35200 F� ^ �?+�'�cw� ; ,"C':'i �.�e'��"}i?P FEB 0 8 2005 a ! "r' ! � AMENDMENT NO.1 TO GRANT CON11tACT.# 2000A694 �_�� ` prigiI�sl CoIItc2et Effeetive d3te: Aum�M 1 2004 Total Cont[aot Amo�mt: $3 112 690 00 piig'vial Conuact Expiration date: November 30. 2005 Original Contract Amount $3 112 690 Ob Amended Con�act Expuation date: Mav 31 2006 Previous Amendment(s) Toral: $0.00 �urent Amendment Amount: $ 0.00 This amendment is between the State of Minnesota, acting thron8h its Commissioner of Public Safetv Division of Homeland Securitv and EmPrg Manaeement, 444 Cedar Street. Suite 223 St. Paul Minnesota 55101- 6223 ("State'7 and Citv of St Paul 15 W Kello¢s Blvd. St. Paul, MN 55102 ("Gtantee"). Recitals 1 The State has a gant contract with the Grantee identified as Grant Contract 2000-9694 for cost related to homeland security prepazedness activities associated with implementing the Urban Area Homeland Security Shategy. 2 The State and the Grantee have agreed that addirional tune is necessary for the satisfactory complerion of this project. 3 The State and the Grantee aze willing to amend the Original Grant Contract as stated below. Grant Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Clause 1, "Term of Grant Contract", Section 1.2, of the Original Grant Contract is amended as follows: ' 1.2 Ezpiration date: *T� Mav 31. 2006, or untii all obligations have been satisfactorily fulfilled, w}richever occurs first. REST OF THIS PAGE INTENTIONALLY LEFT BLANK Grant Amendment 02/04 AMENDMENf NO.1 TO GRAIVT CONTRACI' # 2000-9694 I+ �� � Except as amended herein, the terms and conditions of the Original Grraat Contract and all previous ymendments remain in full force and effect. By execution of ttris amendment, the terms and conditions of the Original Grant Conhact and all previous amendments are expressly restated and reaffirmed. 1, ENC[JMgRANCE VIItIFICATION bidividual ce,uj,a tlwr funds Gcve teen encumbe.ed as ,�quired yy,y�w�. Stat. §§ 16A.15 and 16C.05. Signed: Dau: Gcant Conuact No. 2000-9694 2. GRANTEE The Granta certifies tFw the approprtate person(sJ km�e ezec�yed dm grant eowact on 6ehaljojthe Granta as raN+red 6I' aPPlieablt aniclu. bYlawr reso/u�ions, or aidinanees. BY Title: Emergency Preparedness Coordinator 3. STATE AGENCY By: (with delegaud authority) Tide: Datc: Date: � Tide: Fire Chief Date: By: Title: Assistant Citv Attorney Date: — By: Title• Mayor Date: By: Title: Human Rights Date: By: Title: Director of Financial Services Date: Distrtbufion: DPS/FAS Cmnae Smte's Autharized Repraenmuvc Grant Amendment OZ/04 1 ' - � STATE OF NIINNESOTA GRANT CONTRACT Graut Contract#2000-9694 This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety Aivision of Aomeland Securitv and Emer2ency Mana¢ement 444 Cedar Street Suite 223 St Paul Minnesota 55101 ("State") and Citv of St Paui 15 W Kelloeg Blvd St Paul l�T 55102 ("Grantee"). Recitals 1 Under Minn. Stat. §§ 1222 and 299A.01 Subd 2(41 the State is empowered to enter into this grant contract. 2 The State is in need of the distdbution of federat funds to eligible grant recipients pertaining to the 2004 Urban Areas Security Iniriative Grant Program, Award Number 2004-TtT-T4-0020, for costs related to homeland security Preparedness activities associated with implementing the Urban Area Homeland Security Strategy. 3 The Grantee represents 8�at it is duly qualified and agrees to perform all services described in this graut contract to the satisfaction ofthe State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: Augut 1. 2004 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under tlus grant contract unril this conh is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: November 30. 2005 or until all obligations have been satisfactorily futfilled, whichever occurs first. 13 Survival of Terms. The following clauses survive the exp'uation or cancellation of ttus g�ant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices ; 12. Fublicity and Endorsement; 13. Goveming Law, Jurisdicfion, and Venue; and 15. Data Disclosure. Grantee's Duties The Crrantee, who is not a state employee, will: 2.1 Perform the work in the Grantee's 2004 Urban Area Strategic Initiative Grant Program Application, Attachment A, wluch is attached and incorporated into tlus grant contract. Approved equipment, exercise, training, planning, ancllor management and adtnnustxation costs identified in Attachment A were approved from the 2004 Urban Area Strategic Initiative Grant Program Guidelines incotporated into this grant contract by reference. 2.2 Comply with all prograin guidelines specified in the 2004 Urban Area Strategic Initiative Grant Application Packet provided to the Grantee by the State, and wIll comply with the standards and requiremerns attached and incorporated into this grant contract. These additional standards and requirements are the following: a. Federal Audit Requirements, labeled Attachment B, which is attached and incorporated into this grant contract. b. Federal Assnrances, labeled Attachment C, which is attached and incorporated into this grant contract. c. Grantees receiving $100,000.00 or more must complete and return the Certification Regazding Lobbying form, labeled Attachment D; which is attached and incorporated 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 documentarion certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 2.4 Provide all necessary t�•aining to their employees conceming the use of equipment purchased thtough tkus grant contract, and shall not pernrit the equipment to be tampered with or operated by individuals who are not properly trained. 2:5 Assume totat responsibility of the proper handling, use, and maintenance of the equipment and beaz all costs of maintenance, repair and/or replacement related to equipment. 2.6 Equipment purchased through this grant contract is the property of the Grantee. 3 Time The Cn•autee must comply with all the time requirements described in this grant contract. In the perfosmance of this grant contract, time is of the essence. 2004 Urban Areas Home]and Security (07/04) � .. . Grant Contract #2000-9694 Consideration and Payment 41 Consideration. The State will pay for all services perFormed by the Grantee under this grant contract as follows: (1) Compensa&om T1ie Grantee will be reimbtused an amount not to exceed $3.112.690.00 according to the breakdown of costs specified in Grantee's 2004 Urban Area Strategic Initiative Crrant Program Application, Attachment A, which is attached and incorporated into this gant contract. The Grantee will submit a written cbange 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 deviarion 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 Grautee's Authorized Representative. Requests must be approved prior to any eacpenditure by the Grantee. (2) Matching Requirement.s. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grautee: 0 000.00. (3) Total Obligation. The total obligation ofthe State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $3.112.690.00. 4.2 Payment (1) GrantBilZing Form. The State will promptly pay the Grantee after the Grantee presents a Grant BIlling Form for the services actuaily performed and the State's Authorized Representative accepts the invoiced services. Grant Billing Form must be submitted timely and according to the following schedule: a. Grantee will submit the Grant Billing Form along with copies of Grantee'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 Grant Billing Form. b. Expenditures for each state fiscat year (July through June) of this grant contract must be for services satisfactorily performed within applicable state fiscal year. Final Grant Billing Form pertaining to the first state fiscal year of tlus grant contract must be received by the State no later than August 15, 2005. Reimbursements from the second state fiscal yeaz may commence on or after July i, 2005. The final Grant Billing Form pertaining to ihe third state fiscal year of this grant contract must be received by the State within 45 days of the Expiration date of this grant contract. a Grantee will submit financial and uanative perfoimatice reports at least bi-annually due June 30 and December 31, for the life of the grant, but not more often than pnonthly. 'Fhe narrative performuice report shall consist of a comparison of actual accomplist�ments to the approved work plan in Attachment A. These reports must be submitted before reimbursement will be paid. (2) Federal funds. (Where applicabie, if blank this section does not apply) ]Payments under this graut contract will be made from federal funds obtained by the State through CFDA # 97.008. Public Law 108-90 the Denartment of Homeland Securitv Anprooriations Act 2004. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to compiy 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 detesinined 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 Sfate to be unsatisfactory or performed in violafion of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Bovd Rasmussen Grants Specialist Division of Homeland Securiry and Emereencv Mana¢ement 444 Cedar Street Suite 223 St Paul NTN 55101 6623 651 282 5392, or his/her 2004 Urban Areas Homeland Securiry (07/pq) � :" Grant Contract #2000-9694 successor, and has the responsibility to monitor the Grantee's performuice and the authority to accept the services provided under this grant contrnct. If the seivices are satisfactory, the State's Authorized Representative will certify acceptance on each Gtant Billing Form submitted for payment. The Grautee's Authorized Representative is Matthew Bostrom Emer encv Prepazedness Coordinator Cit�of St Paul 100 East l lth Street St Paul MN 55101,. j6511228 6215. If the Grantee's Authorized Represeatative changes at any time during this grnnt contract, the Cnantee must immediately notify the State. Assignment, Amendments, Waiver, and GranYContract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligarions under this grant contract without the prior consznt of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any ymendment to this grant conhact must be in writing and will not be effective until it has been executed and approved by the same parties ryho executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enforce any provision of tlais grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This gant contract contains all negoriations and agreements between the State and the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Crrantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, arising from the perfoimance of this grant contract by the Gran±ee or the Grantee's agents or employees. This clause wili not be conshued to bar any legal remedies the Grantee may have for the State's faIlure to fulfill its obligations under this grant contract. 9 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 examination by the State and/or the.State-Auditor or Legislative Auditor, as appropriate, for a ininnxium of six years 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 all data provided by the State under this grant contract, and as it applies to all data sieated, collected, received, stored, used, maintained, or disseininated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 appl"y to the release of the data referred to in this clause by either the Grantee or the State. If the Crautee receives a request to release the data referred to in this Clause, the Grantee must immediately notify tlie State. The State wfll give the Grantee instructions conceming the release of the data to the requesting party before the data is released. 11 Workers' Compensafion The Grantee certifies that it is in compliance with Mum. 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 parly as a consequence of any act or omission on the part of these employees aze in no way the State's obligation or responsibility. 12 Publicity and Endorsement 121 Publzcity. Any publicity regarding the subj ect matter of this grant contract must idenfify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press 2004 Urban Areas Homeland Suvrity (07/04) �� .. Grant Contract #2000-9694 releases, research, reports, sigas, and similaz public notices prepazed by or for the Grantee individually or joinfly with others, or any subcontractors, with respect to the pmgraw, publications, or seivices provided resulting from this grant contract. 122 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venne Minuesota law, ivithout regazd to its choico-of-law provisions, governs this gant contract. Venue for all leaal proceedings out of this gcaant contract, or ifs breach, must be in the appropriate state or federal court with competent jurisdiction in Raznsey County, Minnesota. 14 Terminafion 14.1 Termination by the State. The State may cancel this grau2 contract at any time, with or without cause, upon 30 days' written notice to the Gtantee. Upon temmiation, the Grantee will be entitled to payment, determined on a pro rata basis, �for services satisfactorily performed. 14.2 Termination for Insufficient Funding. The State may immediately ternunate this grant contract if it does not obtain funding from the Minnesota Le�slature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Teimuiation must be by written or fa�c notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of tennination. However, the Grantee will be enlitled to payment, detemuned on a pro rata basis, foz services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is tern�uiated because of the decision of the Muuiesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee norice of the lack of funding within a reasonable tune of the State receiving that notice. 143 Termination for Failure to Comp[y. The State may cancel this grant contract unmediately if the State finds that there has been a°aiIure to comply with the provisions of this grant, that reasonable progress has not been made or that the purpose for which the fiwds were granted have not been or will not be fulfilled. The State may take action to pxotect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all part of the funds already disbursed. 15 Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, Federal employer tas identification number, and(or Minnesota t� identification number, already provided to the State, to federai and state tax agencies and state personnel involved in the payment of state obligafions. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grautee to file state taac retums and pay delinquent state tas liabilities, if any, or pay other state , liabilities. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2004 Urban rkeas Homeland Securiry (07/�4) D(p Grant Contract #2000-9694 1. ENCUMSRAN � �� 3. STA1'E AGENCY Indivfdual cerkfizt [ w�e re�'ar requ'ved by Mvuc SYaC §§�Q¢,IS,pnrj 1 4N+1'T � - nU �/ U 4 B '"� (with dele thority) Sigaed: � Title: / Date: . �-' - /l � � �/ Date: Grant ContractNo. 2000-9694 2. GRAN1'EE The Grantee cerRfiu fi¢t tlee apprapriafe person(sJ bave executed the gr¢n! convact on beholjof the Grm�tee ¢s reguired by ¢pplicable articlu, bylmvs, ruolulions, or ardinancu, BY_ � 9"✓�� ��� Title:_,�iLiF2S�.�c�Y r'�.4.�/A2ro.J�S,S �o..tiH�7zwZ By: Tit B}' : Tit By: Tit Dat BY�— �/"I�i� �L/ �— Title: Director of Financial Services Date: U � G y —� 2004 Urban Areas Homeland Security (07/04) Distribution: DPS/FAS Grantee STate's Authorized Represrntalive F7 � � �� �, , y� i � Name 2004 URBAN AREA STRATEGIC INITIATIVE Must be submitted by close of business OS/14/04 City of Sainf Paul �latthew Bostrom Phone Title ss 1-OF} East 11th Stre�t. Saini Paul county Ra1Y152y State: MN Zip Address matt.tiQS�r.�rnto?�ia[oaul mn us . Fax Number Please.enter fhe amount awarded to your jurisdiction for Amount this grant Contact NSEM sfaff if this amount is not known. �d by County �_ _ - Dispersed to CitieslTownships b!o-t 89 ATTACHMENT A 15 Date: ��y��_ . .. 2004 URBAN AREA STRATEGIC INITIATIVE EQUIPMENT WORKSHEET Please use the highlighted lines below each category to indicate intended equipment purchases. If more lines are required, use those provided on the "Add'i Eqpt Lirres" tab. ' UNIT PRICE SHOULD INCLUDE TAX AND SHIPPING/HANDLING EXPENSES '* FIRST RESPONDER ALLOCATION: Please use the drop-down list to indicate the allocated discipline for the units (QTY) to be purchased. For example, if seven units are to be purchased for Hazardous Materials, select the HZ value. If more than one discipline is receiving purchased units, specify the a�focation using subsequent lines as shown in the examQle. Discipline LE - Law Enforcement FS - Fire Service PS - Public Health Abbreviations: . EMS - Emergency Medical Services HZ- Hazardous Materials GA - GovemmeMal AdministraGve EMA - Emergency Management PW - pubiic Works HC - Health Care � PSC - Public Safety Communiptions � n_.__ . .-. . _. � ��� ��� ��� ��� ����� ���� ���� ����� � � e Q � e s O1 ° si si e� se si st e� s, a� s ILevel B. Liquid Splash Resistant Clothing unit Price* QTY Total Discipiine** state i Use o �-� Bq 2. Explosive Device Mitigation & Remediation Equipment rR,,...�, c...._�_ ,..,, .,. Item �� �0 �� �� Total Discipline** O1° `� Use 0 0 0 4 1 2004 URBAN AREA STRATEGIC INITIATIVE •- .. 3. Chemical, Biologicai, Radioiogical, Nuclear and Explosives (CBRNE) �-- , . _ 2004 URB/�N AREA STRATEGIC INITIATIVE 4. interoperable Communications En�,inmPnt • 2004 URBAN AREA STRATEGIC INITIATIVE . .. i�(�� �—� �_� ���.� _—���_ -- '�i —�_ �_�_ ������ ���_ ���_ _—���_ �e�s�■e� ��s�ee �������� 6. Decontamination E ui ment Chemica� and Biolo ical Item State Unit Price* QTY Totai Discipline"* Use 2004 URBAN AREA STRATEGIC INITIATIVE no c iu c c.. .,n� ....,,. .� - -` I 4 T"`__e'. . . . . _ � 2004 URBAN AREA STRATEGIC INlTIATlVE 10. CBRNE Incident Response Vehicles _ �����aii ��� ��� ��� �� � s ''� . �o�,���.. ...._. ... _. �a ne-�°--� .. .. - 12. CBRNE Reference Materiais Item , Unit Price* QTY Total Discipline** State Use • i/ • 2U04 URBAN AREA STRATEGIC INITIATIVE 14. CBRNE Prevention and Response Water�ra�t . �. . 2004 URBAN AREA STRATEGIC INITIATIVE 15. CBRNE Aviation Equipment 17. intervention Equipment O(� -! �'4' 2004 URBAN AREA STRATEGIC INITIATIVE � n r.�� . .. nacnaccne ,nn. , �..�� �Total Equipment Amount Requested $ 3.112.s90 . r. - Crrant Contract #2000-9694 ATTACHNIENT B FEDERAL AUDTT REQUII2EMENTS For subrecivients that aze state or local Qovemments non profit organizations or Indian tribes If the gantee expends total federal assistance of $300,000 or more per year, the grantee agrees to obtain either a single audit or a program-specific audit made for the fiscal year in accordance with the tetms of the Single Audit Act Amandments of 1996. Audits shall be made annuallyunless the state or local govemment has, by January 1, 198'I, a constitutional or statutory reqnirement for less frequent audits. For those governments, the federal cognizant agency shall pemut biennial audits, covering both years, if the govemment so requests. It shall also honor requests for biennial audits by govermnents that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subreci�ients that aze institutions of hi@her education or hos itals If the grantee expends total direct and indirect federal assistance of $300,000 or more per yeaz, the gantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire otganization or all federal funds of the organizarion. , ' The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local goveimnent auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standazds for Audi} of Govemmeirtal Organizations, Programs, Activities, and Functions." ` 3. The audit report shall state that the audit was performed in accordance with tbe provisions of OMB Circulaz A-133 (or A- 1 l0 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of 5tate and I,ocal Govemmental Units," issued in 1986. The federal govemment has approved the use of the audit guide. In addirion to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If conective action is not necessazy, a statement describing the reason it is not should accompany the audit- repor[. 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 gantee's records and financial statements as may be neces�ary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circulaz A-133. S. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circulaz A-133. � b. 'The Statement of Expendihxres form can be used for the schedule of federal assistance. 2004 Urban Areas Homeland Secucity (07/04) Page B-1 �-i � Grant Contract #2000-9694 7. The grantee a�ees to retain documentation to support the schedule of federal assistance for at least four yeazs. 8. Reg_nired audit renorts must be filed with the State Auditor's Office Sin le Audit Division and with fed'eral and state a�encies nrovidin¢ federal assistance within sia months of the antee's fiscal vear end OMB Circulaz A-133 requires recipients of more than $300,000 in federal funds to subxnit one copy of the audit report within 30 days af}er issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East I Oth Street 7effersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Depaztment of Public Safety's audit report should be addressed to: Minnesota Department of Public Safery Office of Fiseal and Administrative Services 444 Cedaz Street Suite 126, Town Sguare St. Paul, MN 55101-5126 2004 Urban Areas Homeland S�uriry (07/04) , � Page B-2 .� ii Granf Contract #IZ000-9694 ATTACHII�NT C FEDERAL ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, reguladons, policies, guidelines and Iuluuements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-8'7; E.O. 12372 and Uniform Aduiinistrative �e4ui�'ements for Gzauts and CAOperative Agreements 2g CFg, part 66, Common rule, thaf govern the application, acceptance and use of Federa] funds for this federally-assisted project. Also fhe Applicant assures and certifies that: 1. It possesses legal authority to apply for the gant; that a resolution, motion or similaz action has been duly adopted or passed as an official act of the applicant's goveming body, authorizing the filing of the application, including all understaudings and assurances contained therein, ynd 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 6e required. 2. It will comply wjth requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fau and equifable treatment of persons displaced as a result of Federal and federally-assisted progratns. 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 activity financed in whole or in part by Federal grants (5 USC 1501, et seq.). 4. It will comply with the nrinimum wage and maximum hours provisions of the Federal Fair Labor Standazds Act. 5. It will establish safeguards to prohibit employees from"using their posirions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particulazly those with whom they haue family, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, throup� any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 7. It wi11 comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other adininistrarive requirements. $• It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the proj ect aze not listed on the Environmental Protecflon Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of.the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with flie flood insurance purchase requirexnents of Secfion 102(a} of the Flood Disaster Protection Act of 1973, Public I,aw 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after Mazch 2, 1975, the purchase of flood insurance in communities where such insurauce is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any azea that has been identified by the Secretary of the Department ofHousing and Urban Development as an azea having special flood hazazds. The phrase "Federai fmancial assistance" includes any form of loan, grant, guaranty, 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 with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Invesrigatzons, 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 nofifying the Federal grantor 20p4 Urban Areas gomelaad Securiry (07/04) Page C-1 Z� . • ♦ agency of the e�stence of an such ro erties and b ��t Contract #12000-9694 Y P P y(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. l I• h will comply, and assure the compliance of all its sub-gantees and contractors, with the applicable provisions of Tifle I of the Omuibus Crime Control and Safe Streefs Act of 1968, as amended, the 7uvenile 7ustice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate• the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide.for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 12. It ryitl comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Admiuistrative Review Procedare; Part 20, Criininai Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Inforniation� Part 23, Ciinunal Intelligence Systems Operating Policies; Part 30, Intergovennnental Review of Depattment of Justice Programs and Activities; Part 42, Nondiscrimivation/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 Proa•anys. 13. It will comply, and all its contractors will comply, with the non-disciimination requirements of the Osnnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI o£the Civil Rights Act of 1964, as amended• Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Tifle II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Aiscivnivation Act of 1975; Department of Justice Non-Discrnnination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability disciiinination, 28 CFR Part 35 and Part 39. 14. In the event a k'ederal or State court or Federal or State administrative agency makes a finding of disciirnination aicer a due process hearing on the gounds of race, color, religion, national origin, sex, or disability against a recipient of fixnds, the recipient will forward a copy of the fmding to the Office for Civil Rights, Office of 3ustice Programs. 15. It will provide an Equal Employment Opportiuiity program if required to maintain one, where the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (f'.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastai Banier Resources System. 2004 Urbaa Areaz Homeland Security (07/04) Page C-2 � � �. Grant Conlract#2000-9644 ATTACHD�NT D CERTIFICATION REGARDING LOBBYING For State of Minnesota Conhacts and Grants over $100,000 The undersigned certifies, to the best of kus or her lmowledge 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 awarding of any Federa] contract, the mal�ig of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any pecson 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 ttris Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3} The undersigned shall require that the language of this certification be included in the award documents for all subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon wluch reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for maldng or entering inta this transaction unposed 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. G,�-y a� S�. ��,�� Organization Name /�'JRTTi/.E+.i �S7'R.a� �,E!!.�£iJcY r�v.�v.�1�s.r �aoaa�.a, 0 2 Name and Title oF Official Signing for Organization BY� z�'' �t�i / Sign�e of Official � ��z-&'�a� Date 20p4 Urban preys Homeland Secuxity (07/04) Page D-1