06-685RESOLUTION
Presented By:
Referred To:
OF SAINT PAUL, MINNESOTA
1 WHEREAS, the City Council authorized the City of Saint Paul to enter into the attached agreement with
2 the State of Minnesota, Military Affairs, on May 24, 2006 (council file #OCr500); and
3
4 WHEREAS, a 2006 financing and spending plan needs to be established for this agreement; and
5
6 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does
7 certify that there are available for appropriarion funds of $75,000 in excess of those estimated in
8 the 2006 budget; and
9
10 WHEREAS, The Mayor recommends that the following addifion be made to the 2006 budget:
11
12
13
14
15 436-Police Special Projects Fund
16 FINANCING PLAN:
17 34178-Minnesota Military Affairs Services
18 4399-Services
19
20
21
22
23
24
25
26
27
Total Changes to Financiug
SPENDING PLAN:
34178-Minnesota Military Affairs Services
0219-Fees-Other Professional Services
0251-Transportation
0252-Lodging-Meals-Etc.
0253-Registration Fees-Out-of-Town
Total Changes to Spending
CURRENT
BUDGET
Council File # �(o —�p��j
Green Sheet #
[�7:/:�`►Cel �T.y
75,000
75,000
67,500
3,000
2,500
2,000
75,000
75,000
67,500
3,000
2,500
2,000
28
29 THEREFORE BE IT RESOLVED, t6at the Saint Paul City Council approves the changes to the 2006 budget.
30
Yeas
Adopted by Council:Date:
Nays II Absent
Adoption Certified by Council
Requested by Department of:
By: By:�
Approved by Ma : ate: �( (�L� Approved
By: B
Q:\FiscaIV10&CR�2006\State of Minnesota Mililary Affairs Services butlge[.cr2006.xis
for Submission to Council:
/`�
AMENDED
BUDGET
Form Approved by City AtCO�ey:
� Green Sheet Green Sheet Green Sheet Green Sheet Green 3heet Green Sheet �
ab - ��5�
DepartmenUoifice/wuncii: Date initiated:
PD — PoliceDepaztmwt ,�,�N-06 Green Sheef NO: 3031049
ConWct Person & Phone:
DeoarlmeM SentToPerson InRiaVDate
Chief John Harrington 0 olice De artment
26Cr5588 p�� 1 oliceDe artment De arhnentD'uector
Must Be on Countil /\qenda by (Date): Numbe� 2 na cial rvices Office Fnancial Servi
Fo� 3 i Attome
Routing
Order 4 a or's ce Ma or/Assistant
5 ounc� Ci Coancil
6 i Clerk Ci lerk
7otal # of Signature Pages (Ciip All Locations for Signature)
Action Requested:
Signatures on the aftached council resolution establishing a 2006 financing and spending plan for the attached agreement behveen the
City of Saint Paul, Police Department, and the State of Minnesota, Military Affairs.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer 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 normalty possessed by any
curtent 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 Council authorized the City of Saint Paul, Police Department, to enter into the attached agreement on May 24, 2006 (council file
#06-500) (see attached). A 2006 financing and spending plan needs to be established for the services provided and reimbursed under
the conh'act. For more information regazding [his council resolution please give Atny Brown a call at 651-266-5507.
Advantages If Approved:
Ability to provide services to the State of Minnesota that will prevent acts of terroris���v 1�c 'ty.
Disadvantapes If Approved: +�' � s� i� �+v
None.
..,u� 13 2oos �I�� �a�'�Q����"
,
DisadvaMages If Not Approved:
Lost oppornuuty to work with the State of Minnesota for an integrated, interagency conduit to intelligence gathering and sharing
across federal, state, and local boundaries. -
Total Amount of
7rensaction: 97J500 CosURevenue Budgeted:
Councii Research G�nt��
Fundina source: State of Minnesota /+����ri Number: 34178
Financial Information: 1 �{/L 14 20o
(Ezplain) Y
�o '�o ��
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
This a�eement is between the State of Minnesota, acting through the Department of Military Affairs, Facilities Management
Office, Camp Ripley, 1�000 Aighway 11�, Little Falls, Minnesota �634�-4173 ("StaTe") and the City of St. Paul, Police
Department, 367 Grove Street, St. Paul, Minnesota 55101 ("Govemmental Unit").
Recitals
1. Under Minn. Stat. § 471.�9, 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 Mnmesota Joint Analysis Center (MNJAC),
an integrated, interagency conduit to intelligence gathering and sharing across federal, state and local boundaries.
The ptupose of the MNJAC is to enhance the jurisdiction's ability to prevent a tenorist act and to improve
homeland security.
Agreement
Term of Agreement
1.1 Effective 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 until this agreement is fully executed and the
Contractor has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: 31 March 2007, or until all obligations have been satisfactarily fulfilled, whichever occurs first.
Agreement between the Parties
2.1 Duties of the Governmental Unit. Provide an Intelligence Analyst Resource to represent the State (Department
of Military Affairs} and the Governmental Unit (City of St. Pau1) as part of the MNJAC. Resource shall:
• Report d'uectly to Homeland Security Emergency Management (ASENn Intelligence Coordinator.
• Research, evaluate, integrate and analyze all-source data in the preparation of cleaz, concise, in-depth
intelligence analytical products.
• Shaze 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 communiries in
Minnesota, leading to a more rapid and predictive capability that is able to prevent tenorist acrions.
• Provide intelligence analysis and leverage intelligence expertise to provide rimely and accurate operational
intelligence support to Civil Authorities.
• Develop and maintain presentations on homeland defense and terrarism awareness.
• Foster further development of intelligence through coordinarion 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 Guard.
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.
Considerafion and Payment
3.1 Consideration. The State will pay for all services performed and, if applicable, ancillary goods or materials
supplied, by the Governmental Unit under this a�eement as follows:
(1) Compensation. The Governmental Unit will be paid a sum not to exceed of Ninety Thousand and No/100
Dollazs ($90,000.00) for operarional activities to include hiring of contractors/consultants far participation in
information/intelligence analysis and shazing �oups or intelligence fusion center acrivities. 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.
RojectNo. OS810 Jomt Powers Agreement ContractNo. STP001001
Page 1
Ob ��5
3.2 Payment
(1) Invoices. Submit invoices to the Faciliries Management Office, Camp Ripley, 15000 Highway 115, Little
Falis, MN 56345-4179. The State will pay the Governmental Unit within 30 days of the Governmental
UniYs presentation of an itemized invoice for the services performed or, ancillary goods or materials
supplied, and acceptance of such services by the State's Authorized Representative.
(2) Prompt Payment to Subcontractors. Governmental Unit is required to pay subcontractors pursuant to
Minn. Stat. § 16A.1245.
3.3 Anritrust. The Govemmental Unit hereby assigns to the State any and all claims for overchazges as to goods
and/or services provided in connection with this a�eement resulting from antitrust violations that arise under
the antitrust laws of the United States or the State of Minnesota.
Condifions of Payment
All services provided by the Govemmental Unit under this agreement must be performed to the State's satisfaction, as
determined at the sole discrerion ofthe State's Authorized Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and rea lafions. The Governmental Unit will not receive payment for work found
by the State to be unsatisfactory or performed in violarion of federal, sYate, or local law.
Authorized Representatives
The State's Authorized Representative is LTC Eric Waage, ChiefOperations Division J3, Department ofMilitary Affairs,
Veterans Service 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 Governmental UniY s performance and the authority to accept
the services provided under this agreement. If the services are satisfactory, 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
Department, 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
Governmental Unit must immediately notify 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
a�eement 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 effective until it has been
executed and approved by the same parties who executed and approved the original agreement, 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. This agreement contains all negotiarions and agreements between the State and the
Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to
bind either party.
Liability
The Governmental Unit 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, azising from the performance of this agreement by the
Governmental Unit or the Governmental UniYs 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 ab eement.
Project No. 05810 Joint Powecs Agreement Conhact No. STP001001
Page 2
State Audits
Under Minn. Stat § 16CA5, subd. 5, the Govemmental Unit's books, records, documents, and accounting procedures
and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a minimum of si�c yeazs from the end of this a�eement.
10 Government Data Practices and Intellectual Property
10.1. Govemment Data Pracrices. The Governmental Unit and State must comply with the Minnesota Govemment
Data Practices 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 Govemmental Unit
under this a�eement. The 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 referred to in this Clause, the Govemmental Unit
must immediately 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) Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property
rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and
Documents created and paid for under this agreement. Works means all inventions, improvements,
discoveries (whether or not patentable), databases, computer progams, reports, notes, studies, photographs,
negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice,
created or originated by the Govemmental Unit, its employees, agents, and subcontractors, either
individually or jointly with others in the performance of this agreement. Works includes "Documents."
Documents aze the originals of any databases, computer programs, reports, notes, studies, photob aphs,
negatives, designs, dxawings, specifications, materials, tapes, disks, or other materials, whether in tangible or
eleclrottic forms, prepared by the Govemmental 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 completion or
cancellation of this agreement. To the eartent possible, those Works eligible for copyright protection under
the United States Copyright Act will be deemed to be "works made for hire." The Govemmental Unit
assigns all right, ritle, and interest it may have in the Works and the Documents to the State. The
Govemmental 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 the Works and Documents.
(2) Obligations
1. Nofification. Whenever any invention, improvement, or discovery (whether or not patentable) is
made or conceived for the first time or actually or constructively reduced to practice by the
Governmental Unit, including its employees and subcontracwrs, in the performance ofthis agreement,
the Governmental Unit will immediately give the State's Authorized Representative written notice
thereof, and must promptly furnish the Authorized Representative with complete information ancUor
disclosure thereon.
2. Representarion. The Governmental Unit must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the W orks and Documents aze the sole properry of the State, and
that neither Govarnmental Unit nor its employees, agents, or subcontractors retain any interest in and
to the Works 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 harmless the State, at the Governmental UniY s expense,
from any action or claim brought against the State to the extent that it is based on a claim that all or
Project No. 05810 7omt Powers Agreement Contract No. S1P001001
Page 3
� ���
part of the Works or pocuments infi upon the intellectual properry rights of others. The
Governmental Unit will be responsible for payment of any and all such claims, demands, obligaTions,
liabiliries, costs, and damages, including but not limited to, attomey fees. If such a claim or action
arises, or in the Govemmental UniYs or the State's opinion is likely to arise, the Govemmental Unit
must, at the State's discrerion, either procure for the State the right or license to use the intellectual
property rights at issue or replace or modify the allegedly infi Works or pocuments as necessary
and appropriate to obviate the infringement claim. This remedy of the 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 a�reement and upon
performance of all the State's obligations under this a�eement, Governmental Unit shall provide
reproducible copies of the latest instruments of Service and the latest electronic data prepazed by the
Governmental Unit for the Project to the State and these shall become the property of the State. The
Governmental Unit shall retain full rights to elecironic data and the instruments of Service and the right to
reuse component information contained in them in the normal course of the Governmental UniYs
professional activities. The Governmental Unit shall be deemed the author of such electronic data or
documents, shall retain all rights not specifically conveyed in writing to the State, and shall be given
appropriate credit in any public display of such insmunents of service.
(2) Reuse of InsYrumenY of Service: Owner acknow]edges that (1) Govemmental Unit has prepazed the
Instruments of Service for conshuction of the Project with Govemmental UniY s involvement throughout the
Project, as contemplated by this agreement, (2) the Instruments of Service are not in themselves necessazily
sufficient for construction of the Project without Governmental UniY s involvement, and (3) the Instruments
of Service aze not appropriate for construction of any other project except as provided herein. Governmental
Unit acknowledges that the State will use and rely upon the Inshuments of Service and the latest elecironic
data prepared by the Governmental Unit for this Proj ect, including but not limited to the as-built drawings
and specificarions in connection 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 Stafe
shall have full ownership rights ofthe Instruments of Service and all electronic data. If Govemmental Unit
is adjudged to be in default, the State shall not use the Instruments of Service for completion of this Project
by others without the involvement of qualified professionals who shall assume Governmental UniYs
professional obligations and liability for work not completed by Governmental Unit. To the fullest extent
allowed by law, the State releases Govemmental Unit, Governmental UniY s sub-contractors, 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 circumstances shall the transfer of ownership of the drawings,
specifications, elech�onic 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 implied, of inerchantability ar of fitness for
a particulaz purpose.
Project No. 05810 Joint Powers Ageement Contract No. STP001001
Page 4
12 Insurance Coverage
12.1 Workers' Compensafion Insurance (when applicable): The Governmental 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' Compensation inswance in accordance with the statutory
requirements of the state of Minnesota, includin� Coverage B, Employer's Liability, at lunits not less than
$100,000.00 bodily injury by disease per employee; $500,000.00 bodily injury by disease ag�egate; and
$100,000.00 bodily injury by accident.
12.2 The State will reseroe the right to immediately terminate the agreement if the Govemmental Unit is not in
compliance with the insurance requirements and retains all rights to pursue any legal remedies against the
Govemmental 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 regazding the subject matter of this 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 notices, informational pamphlets, press releases, research, reports,
signs, and similar public notices prepared by or for the Governmetttal Unit individually or jointly with others, or
any subcontractors, with respect to the program, publications, or services provided resulting from this agreement.
13.2 Endorsement. The Governmental Unit must not claim that the State endorses its products or services.
14 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard 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 or federal court with competent jurisdiction in
Ramsey County, Minnesota, or the county where the project site is located or work conducted. This selecrion of venue wIll
be at the discretion of the State.
15 Termination
151 Termination 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 party. Upon termination, the Govemmental Unit will be enritled to
payment, determined on a pro rata basis, for services satisfactorily per£ormed.
15.2 Terminafion for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain
funding from the Minnesota Legislature, or other funding source; or if fiznding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to
the Governmental Unit. The State is not obligated to pay for any services that are provided a8er norice and
effective date of termination. However, the Governmental Unit will be entitled to payment, determined 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 agreement is terminated because of the decision of the Minnesota Legislature, or other funding
source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding
within a reasonabie time of the State's receiving that notice.
Pro�ect No. 05810 Joint Powers Agreement Contract No. STP001001
Page 5
�� ���
17 Other Provisions. EXHIBIT A, Special Conditions for Contract Work Involving Federal Funds is attached and
incorporated into this agreement.
1. STATE ENCiMBRANCE VERIFICATION
Indimdual ceit"rf:es thatfimds have een encumbered ¢r
requved �rox Stat §§ 16A1 ud 16CA�
Signed: �
Date: 25 Anri12006
2. GOVERNMENTAL IJNIT
CITY OF ST. PAUL
By: _
Title:
3. DEPART�IENT OF MILITARY AFFAIRS
By:
Major Genera! Lazry W. Shellito
Title: The Adiutant General
Date:
4. COMMISSIONEROF,aDMINISTRATION
As delegated to Materials Management Divis�on
By:
Date: _
By: _
Title:
Date:
Sy: _
Title:
Date:
Project No. 05810 Jaint Powers Ag2ement ContracY No. STPOD1D01
Page 6
EXHIBIT A
SPECIAL CONDITIONS FOR CONTRACT WORK
INVOLVING FEDERAT. FUNDS
Intelligence Analyst Resource
(Project No. 05810)
05810/210-01XA EXHIBIT A
t�-�8�
SPECIAL CONDITIONS FOR CONTRACT WORK
INVOLVING FEDERAL P'UNDS
To the ea-tent applicable, the State is required to insert the substance of the following provisions in
all contracts, unless State laws or rewlarions offer more protection.
l. APPLICABLE LAW
This contract is incident to the implementation of a Federal program. Accordingly, this contract
shail be govemed by and construed according to Federal law as it may affect the ri�ts, remedies, and
obligations of the United States.
2. GOVERNING REGULATIONS
To the e�ctent not inconsistent with the express terms of the Master Cooperative Agreement (MCA)
No. W912LM-04-2-1000 between the National Guazd Bureau and the State of Minnesota, the provisions
of 32 CFR Part 33, Uniform Administrarive 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 are hereby incorporated by reference as if
fully set forth herein, shall govern this contract.
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, raligion, color, national origin, sex or handicap. Accordingly and to the extent 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 se .), and DoD regulations
(32 CFR Part 300) issued thereunder;
b. Executive Order 11246 and Department of Labor regulations issued theraunder (41 CFR Part
60);
c. 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 J and rewlations 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 followina covered Federal actions: 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, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
Project No. 05810 EXHIBIT A
210-01XA Page 1 of4
b. New Restrictions on Lobbying, issued by the OfFice of Management and Budget and the
Department of Defense (32 CFR Part 28) to implement the provisions of secrion 319 of Public Law 102-
121 (31 U.S.C. § 1352) is incorporated by reference.
DRUG-FREE WORK PLACE
a. The Contractor/Vendor a�ees that it will comply with the provisions of the Drua Free Work
Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. § 701 et seq.) and maintain a
drug-free workplace.
b. Govemment-Wide Requirements 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 by reference and the Contractor/Vendox 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 114 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 rea lations and a idelines issued thereunder; the Resources
Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation
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 Protection Agency (EPA) list of violating facilities pursuant to 40 CFR
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 operarion and maintenance of which is funded under the MCA, that is
currenUy, 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 far NGB's
disallowance of any cost otherwise allowable under the MCA. Subject to the availability of funds, the
ContractorNendor 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 condirion giving rise to the
listing of any such facility as a violating facility according to applicable statutes, regulations, or other
a�eements, subject to the availability of funds.
PREFERENCE FOR U.S. FLAG CARRIERS
The Contractor/Vendor agrees to comply with 46 U.S.C. § 1241(b) and regularions issued
thereunder (46 CFR Part 381) as follows:
Project No. 05810 EXHIBIT A
210-OiXA Page 2 of 4
�6 -�s�
a. To use privately-owned United States flag commercial vessels to ship at least 50 percent of
the �oss tonnage (computed separately for dry bulk carriers, dry cazgo liners, and tankers) of any
equipment, materials, or commodities that aze both (1) procured, contracted 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 workin� days following the date of loadin� for shipments originaring
within the United States or within 30 workina days following the date of loading for shipments
originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-
lading in En�lish for each shipment of cazgo described in para�aph (a) above to both NGB and to the
Division of National Cargo, Office of Mazket 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 pursuant to this contract, and to cause such provisions to be inserted in all subcontracts
issued pursuant to this contract, where the contract or subcontract is for $100,000 or more and where
there is a possibility of ocean transportarion of procured equipment or materials.
8. DEBARMENT AND SUSPENSION
a. The Coniractor/Vendor shall not make any award or permit any award (subgrant or contract)
at any tier to any pariy 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 Deparhnent of Defense (32 CFR Part 25) to implement the
provisions of Executive Order 12549, "Debarment and Suspension" is incorporated by reference and the
Contractor/Vendor 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 construction, acquisition, modernization, or
other activity that may impact a historic property.)
The Contractor/Vendor agrees to identify any properly 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 sea.), 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 Aatch Act (5 U.S.C. I501-1508 and 7324-7328),
as implemented by the Office of Personnel Management at 5 CFR Part 151, which limits political acrivity
of employees or officers of State or local governments whose employment is connected to an activity
fmanced in whole or in part with Federal funds.
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11. EQUAL EVIPLOYMENT OPPORTCJNITY (All construction contracts awarded in excess of
�10, 000 by grantees and their contractors or subo antees.)
Compliance with Execurive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Department of Labor rea lations (41 CFR Chapter 60).
12. CARGO PREFERENCE (Any ao eement under which international air travel may be supported
by U.S. Government funds.)
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 transportarion 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 Bli 8942.
13. BUY AMERICAN ACT
The Contractor/Vendor agees 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 construction material. In addition, the Memorandum of
Understanding between the United States of America and the European Economic Community (EEC) on
Government Procurement, and the North American Free Trade Ab eement (NAFTA), provide that EEC
and NAFTA end products and construction materials are exempted from application of the Buy American
Act.
14. RELOCATION AND REAL PROPERTY ACOUISITION
The Contractor/Vendor 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 warks, 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 Work
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 Standards
Act specifies that no laborer or mechanic doing any part of the work contemplated by this contract shall
be required or permitted to work more than 40 hours in any workweek unIess paid for all additionat hours
at no less than 1% 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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