06-35Council File #
Green Sheet #
Presented By:
RESOLUTION
CITY OF SAINT PAUL, MIlVNESOTA
(�(� � 3 5
3028950
3�
Referred To: Committee:Date:
1 WHEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota
2 Department of Public Safety for the 2005 Buffer Zone Protection Grant Program; and
3
4 WHEREAS, tlus grant provides funding for equipment to enhance security at critical infrastructure
5 sites in the City of Saint Paul; and
6
7 TI3EREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul
8 to enter into, and Chief John Harrington to implement the attached grant agreement, which includes an
9 indemnificarion clause. A copy of said agreement is to be kept on file and on record in the Office of
10 Financial Services.
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Ben
Bo strom
Harris
Thune
✓
Yeas
J
Adopted by Council:Date:
Absent
Adoption Certified by Council Secretary:
�
Appr�
By:
Q:\FiscalWO&CR�2005�2005 BuRer Zone Protection authorize grant agreement.cc2(
Requested by Department of:
�
Financial 5ervices:
U
By: � / �� ��
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� Green Sheet Green Sheet
� R � ��� � 1 � �
Green She�E�re�r� s�t Green Sheet Green Sheet �
DEC e � 20�J5 N _. z �,
Departmentloffice/council: Datelnitiated: �a, �� � v`w v v
PD – poticeDepartmem � 30-NOVAS � '•��C�r��eet NO: 3028950
Contact Person & Phone• Deoartrnent Sent To Person InitiaWate
Chief John Hartingto0 � 0 0li D artnen Poli D a e t
2665588 p�jyn 1 olice e artment De a eot Direc[or
Must Be on Council Agenda by (Date): Number Z �oao� al Servi ce m ncial rvi
For �—
Routing 3 i A oro Ci Attoro
Ordef 4 a or' ce Ma or Assis n[
5 ouncil Ci Couucil
6 i C erk Ci lerk
7 oliceDe artm n[ PoliceDe artment
Total # of Signature Pages, (Clip All Locations for Signature)
Action Requested:
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached
agreement with the Minnesota Deparpnent of Public Safety.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects 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 person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City of Saint Paul, Police Department, has received a 2005 Buffer Zone Protection Grant. Authorization is needed to enter into the
grant agreement. (For more information regarding this council resolu6on please give Amy Brown a call at 651-266-5507.)
AdvantageslfApproved: p ��{
The 2005 Buffer Zone Protection Grant provides funding for equipment to enhan�e�L�bt��t crirical infrastructure sites in the City of
Saint Paul.
��C� `� � 20�5
Disadvantas�eslfApproved: (�A�✓o�'S {�F�fll�i� �
None.
Disadvantages If Not Approved: �
I.oss of grant funds available that will enable the police department to eiiliance security at criucal '
�EG 2 3 2005
7oW I Amount of ���'S� P3 ���
7ransaction: 145134 CosvRevenueBudgeted: , �g�y
Funainq source: State of Minnesota Activity Number: 34099
Financial Information:
(Explain)
0�-35
Grant Contract # 2005-BZPP-00723
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 Emereencv Mana�ement 444 Cedar Street Suite 223 St Paul Minnesota
5� 101-6223 ("State") and City of St Paul. 15 W Kellog� Boulevard City Hall Annex St Paul Minnesota 55102
("Grantee").
Recitals
1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2(41 the State is empowered to allocate and disburse federal
funds made available through the Departrnent of Homeland Security and is empowered to enteF into this
grant contract.
2 The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the 2005
Buffer Zone Protection Program, Award Number 2005-GR-TS-0015, to provide protective action funding to
protect and secure critical infrastructure and key resource sites in Minnesota.
3 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant
contract to the satisfaction of the State.
Grant Contract
1 Term of Grant Contract
?. i Effective date: July 1, Z005, or the date the State obtains all required signatures under Minnesota
Statutes Section 16C.05, subdivis:on 2, whichever is later. Once this granY contract is fully executed,
the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this �ant
contract. Reimbursements will only be made for those expenditures made according to the terms of this
grant contract.
i2 F.�iraii�in daie: Narcn 31. ?.�Ofi, or until ali obligaiions have been s�tisfacioriiy fi.ai�iiec�, w'nic>hever
occurs first.
1.3 Survival of Ter»zs. 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 Grantee, who is not a state employee, will:
2.1 Perform the work in the Grantee's 2005 Buffer Zone Protection Grant Program Application,
Attachment A, which is attached and incorporated into this grant contract. Approved equipment and/or
management and administration costs identified in Attachment A were approved from the 2005 Buffer
Zone Protection Program Guidelines incorporated into this grant contract by reference.
2.2 Comply with all program guidelines specified in the 2005 Buffer Zone Protection Program Grant
Application Packet provided to the Grantee by the State, and will comply with the standards and
requirements attached and incorporated into this grant contract. These additional standards and
requirements are the following:
a. Federal Audit Requirements, labeled Attachment B, which is attached and incorporated into this grant
contract.
b. Federal Assurances, labeled Attachment C, which is attached and incorporated into ttus grant
contract.
c. Grantees receiving $1 Q0,000.00 or more must complete and return the Certification Regarding
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 sha11 not be used to supplant,
non-federal funds dedicated to this effort. The Grantee may be required to supply documentation
2005 Buffer Zone Protection Program (11J05) Page 1
�36
Grant Contract # 2005-BZPP-00723
certifying that a reduction in non-federal resources occurred for reasons other than the receipt or
expected receipt of federal funds.
2.4 Provide all necessary training to 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 the equipment and beaz a11
costs of maintenance, repair andlor replacement related to equipment. Equipment purchased through
this gzant contract is the property of the Grantee.
2.6 When practicable, any equipment purchased with grant funding shall be prominently marked as follows:
"Purchased with funds provided by the U.S. Department of Homeland Security".
2.7 Comply with all program guidelines specified in the 2005 Buffer Zone Protection Grant Program
Guidelines provided to the Grantee by the State and incorporated into this grant contract by refezence,
and must support the goals and objecrives included in the State and/or Urban Area Homeland Security
Strategies.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the
performance of this grant contract, time is of the essence.
Consideration and Payment
41 Consideration. The State will pay for all services performed by the C,rantee under this grant contract as
follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $145.134.00 accozding to
the breakdown of costs specified in Grantee's 2005 Buffer Zone Protection Grant Program
Application, Attachment A, which is attached and incorporated into this grant contract.
The Grantee will submit a written change request for any substitution of budget items in Attachment
A, or any deviation of more than 15% from the approved budget category amounts in Attachment A.
Change requests far 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.) Cnantee certifies that the following matching
requirement, for the grant contract, will be met by the Grantee: $0,000.00.
(3) Tofal Oblzgation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed $145.134.00
4.2 Payment
(1) Grant Billing 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 incurred quarterly, 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 year (July through June) of this a ant contract must be for
services satisfactorily performed within appficable state fiscal yeaz. Final Grant Billing Form
pertaining to the first state fiscal yeaz of this grant contract must be xeceived by the State no iater
2005 Buffer Zone Protection Prograzn (lllOS) Page 2
�� �5
Grant Contract # 2005-BZPP-00723
than 45 days of the Expiration date of this �ant contract.
c. Grantee wi11 submit financial and narrative performance reports at least quarterly, but not more
often than monthly. The narrative performance report shall consist of a comparison of actual
accomplislunents to the approved work plan in Attachment A. These reports must be submitted
before reimbursement will be paid.
(2) Federal fundr. (Where applicable if blank this section does not apply) Payments under ttris grant
contract will be made from federal funds obtained by the State through CFDA # 97.078, Department
of Homeland Securitv Fiscal Yeaz 2005 Buffer Zone Protection Proaram. 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 comply with federal
requirements.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's
satisfaction, as 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 unsatisfactory or performed in
violation of federal, state, or local law.
6 Authorized Representative
Thc State's Authorized Representative is Kristen Sailer, Grants Specialist, Division of Homeland
Securitv and Emer�ency Management, 444 Cedar Street, Suite 223, St. Paul, MN 55101 (651) 215-
6939, or hislher successor, and has the responsibility to monitor the Grantee's performance and the
authority to accept the services provided under this grant contract. If the services aze satisfactory, the
iiaie's ,'vuinorized Represeniative wi11 ceztiiy accentance on each t'rrarti T'siUing rorm submiiied for
payment.
The Grantee's Authorized Representative is Jon Grahek, Sereeant. 367 Grove Street St Paul. Minnesota
55108. (651) 775-2334. If the Grantee's Authorized Representative changes at any time during this
grant contract, the Grantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant
contract without the prior consent of the State and a fu11y executed Assignment Agreement,
executed and approved by the same parties who executed and approved this grant contract, or their
successors in office. �
72 Amendments. Any amendment to this grant contract must be in writing and will not be effective
until it has been executed and approved by the same parties who executed and approved the
orig}nal grant contract, or their successors in office.
7.3 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 Compiete. This grant contract contains all negotiations 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 Grantee must indemnify, save, and hold the State, its agents, and employees hannless from any
claims or causes of action, including attorney's fees incuned by the State, azising from the performance
2005 Buffer Zone Protection Program (1 l/OS) Page 3
0�,-�5
Grant Contract # 2005-BZPP-00723
of tkus grant contract by the Crranfee or the Grrantee's agents or employees. This clause will not be
consh�ued to baz any legal remedies the Cnantee 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 andlor the
State Auditor or Lea siative Auditor, as appropriate, for a minimum of six years from the end of this
grant contract.
10 Government Data Practices
The Grantee and State must 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 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 Crrantee must
immediately notify the State. The State will give the C3rantee instructions concerning the release of the
data to the requesting party before the data is released.
11 Workers' Campensation
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
ii�ese employees and any claims made by any third pariy as a consequence c�i'any act or omission on �he
part of these employees are in no way the State's obligation or responsibility.
12 Publicity and Endorsement
121 Publicity. Any publicity regazding the subject matter of this grant contract must identify the State
and the Department of Homeland Security as the sponsoring agency and must not be released
without prior written approval from the State's Authorized Representative. All publica6ons
created with funding under this grant contract shall prominently contain the following statement:
"This document was prepared under a grant from the O�ce of State and Local Government
Coordinafion and Preparedness (SLGCP), U.S. Department of Homeland Security. Points of view
or opinions expressed in this document are those of the authors and do not necessarily represent the
official position or policies of SLGCP or the U.S. Department of Homeland Securiry." For
purposes of this provision, publicity includes notices, informational pamphlets, press releases,
research, reports, signs, and similar public notices prepared by or for the Cnantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services
provided resulting from this grant contract. Recipient aclmowledges that SLGCP reserves a
royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and
authorize others to use, for federal government purposes: (1) the copyright in any work developed
under an award or sub-awazd; and (2) any rights of copyright to which a recipient or subrecipient
purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regarding
the allocation 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
2005 Buffer Zone Protection Pxogram (11/OS) Page 4
C� 35
Grant Contract # 2005-BZPP-00723
Mimiesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all
legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court
with competent jurisdiction in Ramsey County, Minnesota
14 Termination
14.1 Termination by the State. The State may cancel this �ant contract at any time, with or without
cause, upon 30 days' written notice to the ('rrantee. Upon ternunation, the Grantee will be entitled
to payment, detersnined on a pro rata basis, for services satisfactorily performed.
14.2Termination for Insuffuient Funding. The State may immediately ternunate this grant contract if
it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding
cannot be continued at a level sufficient to a11ow for the payment of the services covered here.
Termination must be by written or fa�c nofice to the Grantee. The State is not obligated to pay for
any services that are provided after notice and effective date of ternunation. However, the Crrantee
will be entitled to payment, deterxnined on a pro rata basis, for services satisfactorily performed to
the extent that funds aze available. The State will not be assessed any penalty if the grant contract
is terxninated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. The State must provide the Crrantee notice of the lack of funding within a
reasonable time of the State receiving that notice.
14.3Termination for Failure 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 fiznds were ganted have not been or
�n�ill not be fulfilled. The State may talce ac�ion to protect the interests �f the State of Minnesota,
including the refusal to disburse additional funds and requiring the return of all or part of the funds
already disbursed.
3 � �ai� �isc losuxe
Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer taY identification number, and/or Minnesota tas identification
number, already provided to the State, to federal 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 tazc laws which could result in action requiring the Grantee to file state tax returns and
pay delinquent state tax liabilities, if any, or pay other state liabilities.
REST OF PAGE INTENTIONALLY LEFT BLANK
2005 Buffer Zone Protection Program (11/OS) Page 5
Q6-35
Cn Contract # 2005-BZPP-00723
1. ENCUMBRANCE VERIFICATION
Indrvrdud cenrfies that funds h¢ve been erscumbered as
reyu:red byMinx Stat §§ 16A.0 mid 16G05.
Si�ed:
Daie:
Grant Contract No 2005-BZPP-00723-/2000-10686
2. GRANTEE
The G>amlee cernfies that ihe appropriate persors(S)
have ececuted the grant contract on beha[f of the Grantee ¢r
required byapplicable arttcles, bylmvs, resoluttorss, or ordirtances.
By: _
Title:
Date:
By: _
Title:
Date:
By:
Chief of Police
City At
Tit1e: Director, Financial Services
By:
Title: Mayor
By:
Title: Human Rights Director
3. STATE AGENCX
$y:
(with delegated authority)
Tille:
Date:
Distribution:
DPS/FAS
Grantee
State's Authorized Representative
2005 Buffer Zone Protection Program (11/OS) Page 6
G�-35
ATTACHMENT A
aoas- 3zPA-o �7a-3
;� _ 2005 BUFFER ZONE
PROTECTION GRANT PROGRAM
- - A- �2P�- �35�- 2005-2=4�3
Must be submitted by close of business Se�atesnber 30, 2005
Name Jon M. Grahek/Christopher Hoskin Pnone 651-775-2334
367 Grove Street
Saint Paul County Ramsey srate: nnN Zip 55101
Address ion.arahek(cilei.stpaul.mn.us Fax Number 651-266-5985
Please enter the amount awarded to your jurisdiction for �
Amount this gra� Contact HSEM staff if this amo�nt is not known. $ 145,13�i
�R OBJECTiVES - Please explain bow the resources requestea in this appiicanon wi ennanc+ /our
iction's ability to prevent a terrorist act and be prepared to demonstrate how homeland security will pe
ved. Atso, pfease indicate how the specific items requested support and are coosistent witfi the overalt
Homeland Security Strategy. .
Enhancing security at the critical infrastructure identified in ourjurisdiction
J
STRATEGY LINK - Explain how resources requested support the overaii State Homeland Securiiy
y. In addition, please reference the specific goals and objectives identified in the State Strategy that
:ed equipment needs address:
�V �P �`t ��� �? IS
Ten, Objeetive B and or C
natu�e: C��l' !r�{, L<. �u�
ApProvai
te Approval:
ategy: BZPP Pian
�AL GRAN7 AWARD:
Equipment+M&A+Add'IEqptLines = 5
� � l � l` ����
s� Date: io/3i/o �
State Use On
Date: _.
° 'ISIP:
155,745.00
Page A-1
DPS/HSEM 2005 BZPP G2nt Application updated� 02405.xis
C�
2005 Suffer Zone Prote�fion Program Graot
EQUIPMENT WORKSHEET
Piease use the highlighted lines below each cafegory to indicate intended equipment purchases. If more lines are
required, use those provided on the "Add'I Eqpt Lines" tab.
` UNR PRICE SHOULD INCLUDE TAX AND SHIPPMGlHANDLING EXPENSES
" DISCIPLINE ALLOCA770N: Piease use the drop�own list to indpte the albcated discipline for the units (Qll� to be purcfiased. For
e�mple, if seven uniis are to be purchased for Hazardous Materials, seiect the HZ value. If more fhan one discipiine is receiving
purchased uniLS, specify the allocation using subsequent lines as shown in the example.
D"�sripBna L�-F.awErSOicert�rnt FS-FrceService PS-PubiicHeafth
Abbrevialio�: EMS-Eme�gencyAAetlicalServices HZ-HazaidousMatertals GA-GOVemmer�talAdministra6ve
EM4 - Emergency Management PW - PupGC Works HC - Healih Care
� PSC- PuWiC Safety Communwations
'*`ODP PROJECT: Please use the droo-down Iist to select the ODP ore-defined pruiect title fo� each equipment reauested.
6. Intero erable Communications E ui ment
Item • Unit Price` QTY Total Disc' ODP Pro'ect Receivin Jurisdiction
$ $ -
$ $ -
$ $
$ $ -
$ $ -
$ $ -
$ $ -
$ - $ -
$ $ -
$ $ -
$ - $ -
$ $ -
Sustainment Costs $ $ -
Subtotal $ -
�
nPS/HSFM 9nn5 HnmeUnd SecurAV G�'ant
U�
14. Ph sicat Securi Enhancement E ui ment
Item Unit Price' QTY Tohl Disc` ODP Pro"ect Receivin Jurisdiction
$ - �
$ - $
$ - $
$ - $
$ - $
$ $
$ $ -
$ - $
$ - $
� $
$ $ -
$ $
$ $
$ - $
$ $
$ $
$ - $ -
$ $
$ $
$ $ -
$ $
$ $
$ $
$ - $
Sustainment Costs $ $
Subtotal $
Total E ui ment Amount Requested S
tys, t3�
Page A-3
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2005 Buffer Zone Protection Program Grant
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- Page A-5
06-� 5
Grant Contract # 2005-BZPP-00723
ATTACHMENT B
FEDERAI. AUDIT REQUIREMENTS
1. For subreciroients that are state or local �ovemments. non-profit organizations. or Indian tribes
ff the grantee expends total federal assistance of $500,000 or more per yeaz, the �antee agrees to obtain
either a single audit or a program-specific audit made for the fiscal year in accordance with the terms of the
Single Audit Act Amendments of 1996.
Audits shall be made annually unless the state or local government has, by 3anuary l, 1987, a constitutional
or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall
pernut biennial audits, covering both years, if the government so requests. It shall also honor requests for
biennial audits by governments that tiave an administrative policy calling for audits less frequent than
annuat, but only audits prior to 1987 or administrative 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 year, the grantee
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 shail cover either the entire orgazuzation or all federal funds oT the
organization.
The audit must determine whether the subrecipient spent federal assistance funds in accordance with
appiicanie. i�w� and reoulations,
2. The audit shall be made by an independent auditor. An independent auditor is a state or local government
auditor or a public accountant who meets the independence standards specified in the General Accounting
Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions."
3. The audit report sha11 state that the audit was performed in accordance with the provisions of OMB Circular
A-133 (or A-110 as applicable).
The reporting requirements for audit reports shall be in accordance with the American Institute of Certified
Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986.
The federal government has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the findin�s and recommendations
in the report, including a plan for corrective action taken or planned and comments on the status of
conective action taken on prior findings. 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 �antor shall have such access to grantee's records and financial statements as may be
necessary for tiie grantor to comply with the Single Audit Act Amendments of 199b and OMB Circular
A-133.
5. Grantees of federal financial assistance from subrecipients aze also required to comply with the Single
Audit Act and OMB Circular A-133.
2005 Buffer Zone Protection Program (1�(OS) Page B-1
�
Cnaut Contract # 2005-BZPP-00723
6. The Statement of Expendihxres form can be used for the schedule of federal assistance.
The grantee agrees to retain documentation to support the schedule of federal assistance for atleast four
yeazs.
8. Required audit reports must be filed with fhe State Auditor's Office, Sinele Audit Division, and with
federal and state a�encies providin2 federal assistance, within nine months of the grantee's fiscal
vear end.
ONffi Circular 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 following address:
Bureau of the Census
Data Preparation Division
1201 East IOth Street
Jeffersonville, Indiana 47132
Aitn: Single Audit Clearinghouse
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul, iO�IIv' S5101-512b
2005 Buffer Zone Protection Proa am (10/OS) Page B-2
�6-� 5
Crrant Contract # 2005-BZPP-00723
FEDERAL ASSURANCES
ATTACHIVIENT C
The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines
and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that
govern the application, acceptance and use of Federal funds for this federally-assisted project Also the
Applicant assures and certifies that:
1. It possesses legal authority to apply for the grant; that a resolution, motion or s'vnilaz acrion has been duly
adopted or passed as an offacial act of the applicant's governing body, authorizing the fi&ng of the appiicarion,
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 information may be required.
2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisifions Act of 1970 (P.L. 91-646) 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 Federallaw 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 LTSC 1501,-�t seq:).
4. It will comply with the minunum wage and maximum hours provisions of the Federal Fair Labor Standards
Act.
5. It will establish safeguazds to pzohibit 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, particulazly those with
whom they have family, business, or other ties.
6. It will give the sponsoring agency or the Comptroller General, through any authorized representaxive, access
to and the right to examine all records, books, papers, or documents related to the grant.
7. It will comply with all requirements irnposed 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 are not listed an the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicafing 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
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance
is available as a condition for the receipt of any Federal financial assistance for construction or acquisition
purposes for use in any area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazazds. The phrase "Federal financial assistance"
2005 Buffer Zone Protection Program (10/OS) Page Gi
L�- 35
Grant Contract # 2005-BZPP-00723
includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct oz indirect Federal assistance.
10. It will assist the Federal �antor agency in its compliance with Section 106 of the Narional 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 Nafional Register of Historic Places that aze subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established hy 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-b antees 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, M7100.1;
and all other applicable Federal laws, orders, circulazs, or regulations.
12. It will comply with the provisions of 28 CFR applicable to grants and cooperarive agreements including
Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems
Operating Policies; Part 30, Intergovernmental R� ��iew of Department of Justice Prograr�s 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 Sireets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (AAA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department
of Justice 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 o£
discriminatian 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 Equa1 Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal fixnds within the units of
the Coastal Bamier Resources System.
2005 Buffer Zone Protection Program (10/OS) Page C-2
C.b-35
Crrant Contract # 2005-BZPP-00723
ATTACHMENT D
CERTIFICATION REGARDING LOBBYIlVG
For State of Minnesota Contracts and Grants over $100,000
The undersigned certifies, to the best of his or her lrnowledge and belief that:
(1) No Federal appropriated fixnds 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 Federal contract, the making of any Federal a ant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, zenewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standazd Form-LLL,
Disclosure Form to Report Lobbying in accordance with its inshuctions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for a11 subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that ali subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
�ct'. n� P�.�u� , � _ ��iz��}r✓+ z.�t
Organization Name
.1cS� ✓1 /YI � ��-} f,L ( f,' /�Li �D �f C i�+ ' e � C3't" P6 � `c �
Name and Title of Official`Sign ni g of r Organization
:
Signature of Officiai
Date
2005 Buffer Zone Protection Program (10/OS) Page D-1