06-500Council File # Q( �j�Z�
Green Sheet # ,�j3D(
Presented By:
Referred To:
Committee:Date:
1 BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint, Police Department,
2 to enter into the attached agreement with the State of Minnesota, Military Affairs, which includes an
3 indemni£cafion clause. A copy of said agreement is to be kept on file and on record in the Office of
4 Financial Services.
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RESOLUTION
CITY O� SAINT PAUL, NIINNESOTA
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Adopted by Council: Date: �� o?� aUl/�
Adoption Cerrified by Council Secretary:
BY� �/i�/i /iJil/�SOsi '
Approved
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5 ��1� Appr d b ayor r Subm' 'on to Council:
?'��itf'C�� BY�
Q:\Fiscai�,40&CR�2006\Minnesoia Military Affairs Services agreement.cr2006.xis
Requested by Department of:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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Departmemlofficelcouncil: Date Initiated:
PD — Poti�neAamoe,rc o��Y-os Green Sheet NO: 3030660
Contact Person 8 Phone: � DeDartment Sent To Person Initial/Date
Chief John Hartington � 0� De artn nt li D a ent
26�55SS ASSign 1 olice De arhn nt De artment Dirxtor
Must Be on Council l�enda by (Date): Number y � roe ro �
For
Routing 3 or's Office Ma odAssis nt
Order 4 o n' CouncB
5 i Gerk Ci Cler
6 Ii e De artm nt Police De a n
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Signahues on the attached council resolution authorizing the attached ageement between the Ciry of Saint Paul, Police Deparmaent,
and the State of Minnesota, Military AfFairs.
� Recommendafions: Approve {A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this persoNfirm ever worked under a contract for this department?
CIB Committee Yes No '
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Does tFiis:pecson�rm passess a skill noi normally possessed by any
' curreoi city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Wh»:
The State of Minnesota, Military Affaus, is in need of an inteliigence anaiyst resource at work within the Minnesota Joint Analysis
Center (MNJAC). For more information regazding this council resolution please give Sr Commander Chris Hoskin a call at 651-266-5',
Advantages it Approved:
The Ciry of Saint Paul will be able to provide services to the State of Minnesota that will prevent acts of terrorism and improve
homeland security.
Disadvantages If Approved: Fc�/�[�1 /�D
None, � � VC �/
MAY �''2006
DisadvantageslfNOtApproved: G F
Lost opponc�nity to work with the State of Minnesob for an integrated, interagency conduit to inf�tiigence gathering and sharing
across federal, state, and local boundaries.
ToWI Amount of
Transaction: 9�j500 CostlRevenue Budgeted: �
FundinASource: StateofMinne R ActivityNumber.34178
Financial Information: � �'��� �,�Y � �'+ ���b .
(ExPlain) .�`•�A� '� V �O
COClr�f L C./�, ���� ������
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STATE OF NIINNESOTA
JOINT POWERS AGREEMENT
This agreement is between the State of Minnesota, acting through the Depaztment of Military Affairs, Faciliries Management
Office, Camp Ripley, I5000 Highway 11�, Little Falls, Minnesota 5634514173 ("State") and the City of St. PauI, PoIice
Department, 367 Grove Street, St. Paul, Minnesota 55101 ("Govemmental UniP').
RecitaLs
l. Under Minn. Stat. § 47 L59, subd. 10, the State is empowered to engage such assistance as deemed necessary.
2. The State is in need of an Intelligence Analyst Resource to work within the Mimiesota Joint Analysis Center (MNJAC),
an inte�ated, interagency conduit to intelligence gathering and shating across federal, state and local boundaries.
The purpose of the MNJAC is to enhance the jurisdiction's ability to prevent a terrorist act and to improve
homeland security.
Agreement
Term of Agreement
1.1 Effecfive date: 13 March 2006, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Govemmental Unit must not begin work under this contract unfiI this agreement is fulIy executed and the
Contractor has been notified by the State's Authorized Representative to begin the work.
1.2 Expirafion date: 31 March 2007, or until all obligations have been satisfactorily fulfilled, whichever occuxs first.
Agreement between the Parties
2.1 Dufies of the Governmental Unit. Provide an Intelligence Analyst Resource to represent the State (Department
of Military Affairs) and the Governmental Unit (CiTy of St. Paul) as part of the MNJAC. Resource shall:
• Report directly to Homeland Security Emergency Management (HSEM) Intelligence Coordinator.
• Reseazch, evaluate, integrate and analyze all-source data in the preparation of clear, concise, in-depth
intelligence analytical products.
• Share and analyze critical data with fellow homeland security agencies at the local, state, and federal levels.
• Integrate and fuse information from the combined homeland security/homeland defense communities in
Minnesota, leading to a more rapid and predictive capability that is able to prevent terrorist acrions.
• Provide intelligence analysis and leverage intelligence expertise to provide timely and accurate operational
intelligence support to Civil AuThorities.
• Develop and maintain presentations on homeland defense and tenorism awareness.
• Foster further development of intelligence through coordination with other states and the National Guard
Bureau.
• Provide a weekly brief on activities to the Chief, Current Operations J-33, of the MN National Guazd.
2.2 Dufies of the State. Work performance and intelligence information gathered by the Intelligence Analyst
Resource will be evaluated by the MNJAC lead in cooperation with the State representative.
3 Consideration and Payment
3.1 Considerafion. The State wiIi pay for aIl services performed and, if applicable, ancillary goods or materials
supplied, by the Governmental Unit under this agreement as follows:
(1) Compensafion. The Governmental Unit will be paid a sum not to exceed ofNinefy Thousand and No/100
Dollars ($90,000.00) for operational activities to include hiring of contractors/consukants for participation in
informarion/intelligence analysis and shazing groups or intelligence fusion center activities. In addition, the
Governmental Unit will be paid a sum not to exceed of Seven Thousand Five Hundred and No/100 Dollars
($7,500.00) for training workshops and conferences.
Prqect No. 05810 Jomt Powers Agreement Contract No STPOOIOQI
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3.2 Payment
(1) Invoices. Submit invoices to the Faciliries Management Office, Camp Ripley, 15000 Highway 115, Little
Falls, MN 56345-4173. The State will pay the Governmental Unit within 30 days of the Governmental
UniYs presentation of an itemized invoace for the services performed or, ancillary goods or materials
supplied, and acceptance of such services by the State's Authorized Representarive.
(2) Prompt Payment to Subcontractors. Govemmental Unit is required to pay subcontractors pursuant to
Minn. Stat. § 16A.124�.
3.3 Anfitrust. The Governmental Unit hereby assigns to the State any and all claims for overchazges as to goods
and/or services provided in connection with this agreement resulting from antihust violations that arise under
the antitrust laws of the United States or the State of Minnesota.
Conditions of Payment
All services provided by the Governmental Unit under this agreement must be performed to the State's satisfaction, as
determined at the sole discretion ofthe State's Authorized Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations. The Governmental Unit will not receive payment for work found
by the State to be unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representafives
The State's Authorized Representative is LTC Eric Waage, Chief Operafions Division J3, Department of Military Affairs,
Veterans Sezvice Building, 20 West 12�' Street, St. Paul, Minnesota 55155-2098, telephone number 651.268.8957, or
his/her successor, and has the responsibility to monitor the Govemmental UniYs performance and the authoriTy to accept
the services provided under this agreement. If the services are sarisfactory, the State's Authorized Representative will
certify acceptance on each invoice submitted for payment.
The Governmental Unit's Authorized Representative is Commander Christopher Hoskin, City of St. Paul Police
Deparhnent, Special Investigations, 367 Grove Street, St. Paul, Minnesota 55101, telephone number 651.266.5619, or
his/her successor. If the Governmental UniYs Authorized Representative changes at any time during this agreement, the
Govemmental Unit must immediately norify the State.
Assignment, Amendments, Waiver, and Contract Complete
7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and
approved by the same parties who executed and approved this agreement, or their successors in office.
7.2 Amendments. Any amendment to this agreement must be in writing and will not be effecrive unril it has been
executed and approved by the same parties who executed and approved the original a�eement, or their successors
in ofFice.
7.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its
right to enforce it.
7.4 Contract Complete
Governmental Unit.
. This agreement contains all negofiations and agreements between the State and the
No other understanding regazding this agreement, whether written or oral, may be used to
bind either party.
8 Liability
The Govemmental Unit must indemnify, save, and hold the State, its agents, and employees hannless from any claims or
causes of acrion, including attomey's fees incurred by the State, arising from the performance of this agreement by the
Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal
remedies the Govemmental Unit may have for the State's failure to fulfill its obligations under this agreement.
Project No. 058t0 Joint Powers Ageement Contract No. SIP001001
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9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Govemmental Unit's books, records, documents, and accountin� procedures
and practices relevant to this aa eement aze subject to examinarion by the State and/or the State Auditor or Legislarive
Auditor, as appropriate, for a minimum of siz years from the end of this an eement.
10 Govemment Data Practices and Intellectual Property
10.1. Government Data Pracfices. The Governmental Unit and State must comply with the Minnesota Government
Data Pracrices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this a�eement, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit
under this agreement. T1ie civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this
clause by either the Governmental Unit or the State.
If the Governmental Unit receives a request to release the data refesed to in this Clause, the Governmental Unit
must anmediately notify the State. The State will give the Governmental Unit instructions concerning the release
of the data to the requesting parry before the data is released.
10.2. Intellectual Property Rights
(1) Intellectuai Property Rights. The State owns all rights, title, and interest in a11 of the intellectual pxoperry
rights, including copyrights, patents, trade secrets, irademazks, and service mazks in the Works and
Documents created and paid for under this agreement. Works means all invenrions, improvements,
discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs,
negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice,
created or originated by the Governmental Unit, its employees, agents, and subcontractors, either
individually or jointly with others in the perFormance of this agreement. Works includes "Documents."
Documents are the originals of any databases, computer programs, reports, notes, studies, photographs,
negafives, designs, drawings, specificarions, materials, tapes, disks, ox other materials, whether in tangible or
electronic forms, prepared by the Governmental Unit, its employees, agents, or subcontractors, in the
performance of this agreement. The Documents will be the exclusive property of the State and all such
Documents must be immediately retumed to the State by the Governmental Unit upon complerion or
cancellation of this agreement. To the extent possible, those W orks eligible for copyright protection under
the United States Copyright Act will be deemed to be "works made for hire." The Governmental Unit
assigns all right, title, and interest it may have in the Works and the Documents to the State. The
Governmental Unit must, at the request of the State, execute all papers and perform all other acts necessary
to transfer or record the State's ownership interest in t�e Works and Documents.
(2) Obligafions
1. Norificafion. Whenever any invention, improvement, or discovery (whether or not patentable) is
made or conceived far the first time or actually or conshuctively reduced to practice by the
Governmental Unit, including its employees and subcontractors, in the performance of this agreement,
the Govemmental Unit will immediately give the State's Authorized Representative written notice
thereof, and must promptly furnish the Authorized Representarive with complete information ancUor
disclosure thereon.
2. Representation. The Governmental Unit must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property ofthe State, and
that neither Governmental Unit nor its employees, agents, or subcontractors retain any interest in and
to the Warks and Documents. The Governmental Unit represents and warrants that the Works and
Documents do not and will not infringe upon any intellectual property rights of other persons or
entiries. Notwithstanding Clause 8, the Governmental Unit will indemnify; defend, to the extent
permitted by the Attorney General; and hold hazmless the State, at the Governmental UniYs expense,
from any action or claim brought against the State to the extent that it is based on a claun that all or
Project No. 05810 Joint Powers A�eement Contract No. SIP001001
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part of the Works or pocuments infringe upon the intellectual property rights of others. The
Governmental Unit will be responsible for payment of any and all such claims, demands, obligations,
liabilities, costs, and damages, includin� but not limited to, attomey fees. If such a claim or action
arises, or in the Governmental UniYs or the State's opinion is likely to arise, the Govemmental Unit
must, at the State's discretion, either procure for the State the right or license to use the intellectual
properry rights at issue or replace or modify the allegedly uifringing Works or pocumenu as necessary
and appropriate to obviate the infringement claim. This remedy ofthe State will be in addition to and
not exclusive of other remedies provided by law.
10.3 Ownership Of Instruments Of Service
(1) Ownership: Upon full payment of all sums due the Govemmental Unit under this agreement and upon
performance of all the State's obligations under this agreement, Governmental Unit shall provide
reproducible copies of the latest instruments of Service and the latest electronic data prepazed by the
Govemmental Unit far the Project to the State and these shall become the properry of the State. The
Governmental Unit shall retain full rights to electronic data and the instruments of Service and the right to
reuse component information contained in them in the normal course of the Govemmental UniYs
professional activiries. The Governmental Unit shall be deemed the authar of such electronic data or
documents, shall retain all rights not speci£ically conveyed in writing to the State, and sha11 be given
appropriate credit in any public display of such instruments of service.
(2) Reuse of Instrument of Service: Owner acknowledges that (1) Governmental Unit has prepazed the
Instruments of Service for construction ofthe Project with Governmental UniYs involvement throughout the
Project, as contemplated by this agreement, (Z) the Instruments of Service aze not in themselves necessarily
sufficient for construction ofthe Project without Govemmental Unit's involvement, and (3) the Inshvments
of Seroice are not appropriate for construcrion of any other project except as provided herein. Governmental
Unit acknowledges that the State will use and rely upon the Insmxments of Service and the latest electronic
data prepared by the Govemmental Unit for this Project, including but not limited to the as-built drawings
and specifications in connecrion with any future repairs, maintenance to the Project and of subsequent phases
of the Project. If Governmental Unit is in default or breach of its obligations under this agreement, the State
shall have full ownership rights ofthe Instruments of Service and all electronic data. If Governmental Unit
is adjudged to be in default, the State shall not use the Instruments of Service for completion ofthis Project
by others without the involvement of qualified professionals who shall assume Govemmental Unit's
professional obligations and liability for work not completed by Governmental Unit. To the fullest extent
allowed by law, the State releases Governmental Unit, Governmental UniY s sub-conhactors, and the agents
and employees of any of them from and against claims, damages, losses, and expenses, including but not
limited to attorney's fees, arising out of the use of the Instruments of Service other than in accordance with
this agreement.
(3) Transfer of Ownership: Under no circuznstances shall the transfer of ownership of the drawings,
specifications, electronic data, or other Instrument of Service be deemed to be a sale by the Governmental
Unit and the Governmental Unit makes no warranties, express or unplied, of inerchantability or of fitness for
a particular purpose.
Project No. 05810 Joint Powers Agreement Connact No. S1P001001
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12 Insurance Coverage
121 Workers' Compensarion Insurance (when applicable): The Govemmental Unit must provide Workers'
Compensarion insurance for all its employees and, in case any work is subcontracted, the Governmental Unit will
require the subcontractor to provide Workers' Compensarion insurance in accordance with the statutory
requirements of the state of Minnesota, including Coverage B, Employer's Liability, at limits not less than
$100,000.00 bodily injury by disease per employee; $500,000.00 bodily injury by disease a��egate; and
$100,000.00 bodily injury by accident.
12.2 The State will reserve the right to immediately terminate the a�eement if the Govemmental Unit is not in
compliance with the insurance requirements and retains all rights to pursue any legal remedies against the
Governmental Unit. All insurance policies must be open to inspection by the State, and copies of policies must be
submitted to State's authorized agent upon written request.
13 Publicity and Endorsement
13.1 Publicity. Any publicity regarding the subject matter ofthis agreement must identify 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 norices, informafional pamphlets, press releases, reseazch, reports,
signs, and similar public notices prepazed by or for the Governmental Unit individually or jointly with others, or
any subcontractors, with respectto the prob am, publications, or services provided resulting from this agreement.
13.2 Endorsement. The Govemmental Unit must not claim that the State endorses its products or services.
14 Goveruing Law, Jurisdiction, and Venue
Minnesota law, without regazd to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings
out of this agreement, or its breach, must be in the appropriate state ar federal court with competent jurisdiction in
Ramsey CounTy, Minnesota, or the county where the project site is located or work conducted. This selection of venue will
be at the discretion of the State.
15 Termination
15.1 Terminafioa The State or the Governmental Unit may terminate this agreement at any time, with or without
cause, upon 30 days' written notice to the other parry. Upon termination, the Govemmental Unit will be enritled to
payment, determined on a pro rata basis, for services satisfactorily performed.
15.2 Termination for InsufScient Funding. The State may immediately terminate this agreement 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 fas notice to
the Govemmental Unit. The State is not obligated to pay far any services that are provided after notice and
effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro
rata basis, for services sarisfactorily performed to the extent that funds are available. The State will not be assessed
any penalty ifthe agreement is terminated because ofthe decision ofthe MinnesotaLegislature, or other funding
source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding
within a reasonable time of the State's receiving that notice.
Prqut No. 05810 Soint Powers A�eement Contract No. S1P001001
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17 Other Provisions. EXHIBIT A, Special Condirions for Contract Work Involving Federal Funds is attached and
incorporated into this agreement.
1. STATE EV CUMBRANCE VERIFICATION
Individual cerrtfies fhatfimdr have en ennnrs6ered as
reqwred _ n. StaG §§ 16A1 d 16CA��
Si�ed:
Date: 25 Apri12006
2. GOVERNME�` �LiNIT
CITY OF S, . PAUL �
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By:
Title: Ghief of Police t �
Date
��_ .._-.�.....�`,.
By:
Title: City Attorney
Date:
s _
TiUe:
Date:
By:
Date
By:
Date
3. DEPARTME'*1T OF iVIII.ITARY AFFAIILS
By:
Major General Larry W. Shellito
TitLe: The Adjutant General
Date:
4. COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Divis�on
By:
Date:
Project No. 05810 Joint Powers Ageement Conimct No. STP001001
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EXHIBIT A
SPECIAL CONDITIONS FOR CONTRACT WORK
INVOLVING FEDERAI, FiJNDS
Intelligence Analyst Resource
(Project No. 05810)
05810l21�-OIXA EXFIIBIT A
D/ 5 �
SPECIAL CONDTTIONS FOR CONTRACT WORK
INVOLVING FEDERAL F`UNDS
To the extent applicable, the State is required to insert the substance of the following provisions in
all contracts, unless State laws or rea lations offer more protection.
APPLICABLE LAW
This coniract is incident to the implementation of a Federal pro�am. Accordingly, this contract
shall be governed by and consirued accordang to Federal law as it may affect the rights, remedies, and
obligations of the United States.
2. GOVERNING REGULATIONS
To the eartent not inconsistent with the express terms of the Master Cooperative Agreement (MCA)
No. W912LM-04-2-1000 between the National Guard Bureau and the State of Minnesota, the provisions
of 32 CFR Part 33, Uniform Administrative Requirements for Grants and Cooperative Agreements, DoD
Grant and Agreement Regulations (DoDGARs)(DoD 3210.6-R) dated 13 Apr 98, OMB Circular A-87,
and NGR 5-1/ANGI 63-101, which Circular and Regulation aze hereby incorporated by reference as if
fully set forth herein, shall govern this contract.
3. NONDISCRIMINATION
The Contractor/Vendor agrees that no person shall be denied benefits of, or otherwise be subjected
to discrimination in connection with the Contractor/Vendor's performance under this contract, on the
ground of race, religion, colar, national origin, sex or handicap. Accordingly and to the eartent applicable,
the Contractor/Vendor covenants and agrees to comply with the following:
a. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et sea.), and DoD regulations
(32 CFR Part 300) issued thereunder;
b. Executive Order 11246 and Deparhnent of Labor regulations issued thereunder (41 CFR Part
60);
a Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and DoD Regulations issued
thereunder; and,
d. The Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) and regulations issued
thereunder (45 CFR Part 90).
4. LOBBYING
a. The Contractor/Vendor agrees that it will not expend any funds appropriated by Congress to
pay any person for influencing or attempting to influence an officer or employee of any agency, or a
member of Congress in connection with any of the following covered Federal actions: the awazding of
any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into
of any cooperative agreement; and, the extension, continuarion, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
Project No. 05810 EXHIBIT A
210-01XA Page 1 of4
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b. New Restrictions on Lobbying, issued by the Office of Mana�ement and Budget and the
Department of Defense (32 CFR Part 28) to implement the provisions of section 319 of Public Law 102-
121 (31 U.S.C. § 1352) is incorporated by reference.
5. DRUG-FREE WORK PLACE
a. The Contractor/V endor a�ees that it will comply with the provisions of the Dm� Free Work
Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. § 701 et se .) and maintain a
drug-free wor�place.
b. Government-Wide Requuements for Drug-Free Workplace (Grants), issued by the Office of
Management and Budget and the Department of Defense (41 USC 702) to implement the provisions of
the Drug-Free Work Place Act of 1988 is incorporated 6y reference and the Contractor/Vendor covenants
and agrees to comply with all the provisions thereof, including any amendments that may hereafter be
issued.
6. ENVIRONMENTAL STANDARDS
a. The Contractor/Vendor agrees that its performance under this contract shall comply with: the
requirements of Section ll4 of the Clean Air Act (42 U.S.C. § 7414) and Section 308 of the Federal
Water Pollution Control Act (33 U.S.C. § 1318), that relate generally to inspection, monitoring, entry
reports, and information, and with all regulations and guidelines issued thereunder; the Resources
Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensarion
and Liabilities Act (CERCLA); the National Environmental Policy Act (NEPA); and any applicable
Federal, State or local environmental regulation.
b. The Contractor/Vendor shall insure that no facility used in its performance under this contract
is listed on the Environmental Protecrion Agency (EPA) list of violatisig facilities pursuant to 40 CPR
Part 15 without the concurrence of NGB. The Contractor/Vendor shall notify NGB of the receipt of any
communication from EPA indicating that a facility to be or being used in its performance under this
contract is under consideration for listing on the EPA list of violating facilities.
c. For the purposes of this section, NGB agrees that the Contractor/Vendor's obligations in
Paragraphs a. and b. of this section above shall not apply to any armory, base, training site, or other
faciliTy or portion thereof, the operation and maintenance of which is funded under the MCA, that is
currently, or becomes, listed as a violating facility, on the effective date of the MCA, pursuant to 40 CFR
Part 15; nor, shall such listing be the basis for NGB's termination for cause of the MCA or for NGB's
disallowance of any cost otherwise allowable under the MCA. Subject to the availability of funds, the
Contractor/Vendor and NGB agree to cooperate to remediate, as expeditiously as possible, for any facility
the operation and maintenance of which is within the scope of the MCA, the condition giving rise to the
listing of any such facility as a violating facility according to applicable statutes, regulations, or other
agreements, subject to the availability of funds.
7. PREFERENCE FOR U.S. FLAG CARRIERS
The Contractor/Vendar agrees to comply with 46 U.S.C. § 1241(b) and regularions issued
thereunder (46 CFR Part 381) as follows:
Project No. 05810 EXI-IIBIT A
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a. To use privately-owned United States flag commercial vessels to ship at least 50 percent of
the �ross tonnage (computed separately for dry bullc carriers, dry cargo liners, and tankers) of any
equipment, materials, or commodities that aze both (1) procured, coniracted for, or otherwise obtained
with funds made available by NGB under this contract, and (2) transported by ocean vessel, to the extent
such vessels are available at fair and reasonable rates;
b. To furnish within 20 working days following the date of loading for shipments originating
within the United States or within 30 working days followin� the date of loading for shipments
originating outside the United States, a legible copy of a rated, "on-boazd" commercial ocean bill-of-
lading in English for each shipment of carno described in pazagraph (a) above to both NGB and to the
Division of National Cazgo, Office of Market Development, U.S. Maritime Administration, Washina on,
D.C. 20590; and, �
c. Subject to existing contracts, to insert the substance of the provisions of this section in all
contracts issued pwsuant to this contract, and to cause such provisions to be inserted in all subcontracu
issued pursuant to this contract, where the contract or subcontract is for $100,000 or more and where
there is a possibility of ocean transportation of procured equipment or materials.
DEBARMENT AND SUSPENSION
a. The Contractor/Vendor shall not make any award or permit any awazd (subgrant or contract)
at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension".
b. The Final Rule, Government-wide Debarment and Suspension (Nonprocurement), issued by
the Office of Management and Budget and the Department of Defense (32 CFR Part 25) to implement the
provisions of Executive Order 12549, "Debarment and Suspension" is incorporated by reference and the
ContractorNendor covenants and agrees to comply with all the provisions thereof, including any
amendments to the Final Rule that may hereafter be issued.
9. NATIONAL HISTORIC PRESERVATION (Any consiruction, acquisition, modernization, or
other activity that may dmpact a historic property.)
The Contractor/Vendor agrees to identify any properry listed or eligible for listing on the National
Register of Historic Places that will be affected by this contract The Contractor/Vendor also agrees to
comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470, et seq.), as
implemented by the Advisory Council on Historic Preservation regulations at 36 CFR Part 800, and
Executive Order 11593 (3 CFR 1971-1975 Comp., p. 559). (36 CFR Part 800 requires Grants Officers to
get comments from the Advisory Council on Historic Preservation before proceeding with Federally-
assisted projects that may affect properties listed on or eligible for listing on the National Register of
Historic Places.)
10. HATCH ACT
The Contractor/Vendor agrees to comply with the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328),
as implemented by the Office of Personnel Management at 5 CFR Part 151, which limits political activity
of employees or officers of State or local governments whose employment is connected to an activity
financed in whole or in part with Federal funds.
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11. EOUAL EMPLOYMENT OPPORT[INITY (All construction contracts awarded in excess of
�10, 000 by grcmtees and their contractors or subgrantees.)
Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Depazhnent of Labor ren larions (41 CFR Chapter 60).
12. CARGO PREFERENCE (Any agreement under which international air travel may be supported
by U.S Government,fund.s.)
Travel supported by U.S. Government funds under this contract shall use U.S.-flag air carriers (air
carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and
properry to the extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the interpretative
guidelines issued by the Comptroller General of the United States in the Mazch 31, 1981, amendment to
Comptroller General Decision B138942.
13. BUY AMERICAN ACT
The Contractor/Vendor agrees that it will not expend any funds appropriated by Congress without
complying with The Buy American Act (41 U.S.C. 10). The Buy American Act gives preference to
domesric end products and domestic consmzction material. In addition, the Memarandum of
Understanding beriveen the United States of America and the European Economic Community (EEC) on
Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC
and NAFTA end products and construction materials aze exempted from application of the Buy American
Act.
14. RELOCATION AND REAL PROPERTY ACQUISITION
The ContractorNendor agrees that it will comply with the provisions of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et sea.) and regulations
issued thereunder (49 CFR Part 24).
15. COPELAND "ANTI-KICKBACK" ACT
The Contractor/Vendor agrees that it will comply with the Copeland "Anti-Kickback" Act (18
U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this
contract, the Copeland "Anti-Kickback" Act makes it unlawful to induce by force, intimidation, threat of
procuring dismissal from employment, or otherwise, any person employed in the construction or repair of
public buildings or public works, financed in whole or in part by the United States, to give up any part of
the compensation to which that person is entitled under a contract of employment.
16. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The Contractor/Vendor agrees that it will comply with Sections 103 and 107 of the Contract Wark
Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR Part 5). As applied to this contract, the Contract Work Hours and Safety Standazds
Act specifies that no laborer or mechanic doing any part of the work contemplated by this contract shall
be required or permitted to work mare than 40 hours in any workweek unless paid for all additional hours
at no less than P/z times the basic rate of pay. This act is applicable to any construction contract awazded
in excess of $2,000 and in excess of $2,500 for other contracts which involve the employment of laborers
or mechanics.
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