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06-901Council File # RESOLUTION Green Sheet # - 8! 3032809 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 Urban Area Security Iniriarive Grant; and 3 4 WHEREAS, this grant provides funding for overtime to monitor critical infrastructure in the City of 5 Saint Paul; and 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 THEREFORE BE IT RESOLVED, that the Saiut Paul City Council authorizes the City of Saint Paal to enter into, and Chief John Harrington to implement the attached grant agreement, which includes an iudemnificadon clause. A copy of said agreement is to be kept on t51e and on record in the Office of Financial Services / I � 28 �,}-S � Z9 30 eenanav Bostrom Ha�ris Thune Ycas ✓ Adopfed by Council: Date: Adoption CerHfied by C u By: Approved by Mayo : ate; ( /I By: \T� Absent Secretary: J� L O� Approy yor r, ubmission to Council: `-�' z� gY� QiFiscal�P,O&CR\2006�2005 UrbanAreaSecurRyl niliative.crxls CTTY OF SAINT PAUL, MTNNESOTA +� Presented By: — — ` i Requested by Department of: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �6-qot DepartmenYoffrcelcouncil: Dateinitiated: � PD "PoliceDepartrnen[ '� 1SSEP-06 � - --- ---- - ------= — -- ` Contact Person 8 Phone: . Chief John Harrington ; � 0 26G5588 ', ,qssign , I Must Be on Council Agenda by (pate): � Number Z _ . _ _ _ - __ _' For 3 Doc. Type: RESOLUTION Routing Order 4 J Green Sheet NO: 3032809 Depaxtrnent S¢ntToPerson Inkiai/Dat� �diceDeP?b��t_ ,PoliceDeoarm�gnt ^ _____. ___ -_ —_—.___-__ ___ -._— __ _ r , PoliceDeaar[ment _____. _PoLceD�2rUnent __ _______ _ ______—__-_____-____ -..__________-_._ k5naricial$ervices ___. .___Pirector.FinancialSe . _.__ __ ____ ' _ ___- ___-. -- --_.___ _-.____.'-____ _ ✓ Ci[yAtforneY_.__ __ _ __-_ _-'__ City_At[omex _ _ _ __+___ _-___�--__._-___________-.._-._ -.,- _ __ . _.. MgYOr's0_f_fice __... _ _ ___ _ _. _ . MaYUr_ _ . _ _ _ _ _ _ __ '_-. ____ _ __ __- -__. __ _- _ -_- _ CW�ICII ' COLLIICII E-DocumentRe9uired: Y " '� -- - �- �: - -"-� _ " -��- -- �- - - - ...--- --- ' Document Confact: Amy Brown 6 City Clerk _ _ . _ _ __ _ _ . _City Clerk _ _ _ _ _ _ . _ _ � 7 Police Departmen_t__ _ _ _ _ _ _ __ Police_Deoa�ent � _ _ _ _ . ; ' ContactPhone: 2665507 _ _ _ ._ _ _ __ ____ __ ____...____..__.-_.___._- - .__ _________. _ ____ _ _ _ _ __'.__ __ � ToWI # of Signature Pages �(Clip All Locations for Signature) ___ -____. , � AGtionRequested: _ _ _ __.______- ._. ____.-______—..-_-__—__-_—_—. ___- _ — Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached j agreement with the Minnesota Department of Public Safety. , ;.. . - - - -- �- - -- -- .. - ..--� --- ------------ ---------------------`--�-- I �� Recommendations: Appro�e (A) or Reject (R) ' Personal Service Contracts Must Answer the Foflowing Questions: I ___ Planning Commissron �; 1, Has this personlfirtn e�er worked undet a contract fir this department? �', CIB Committee ' Yes No __� Ci�ii Sennce Commission , 2. Has this person/firtn e�er been a city employee? , Yes No �`� � 3. �oes this person/firtn possess a skill rwt namaliy possessed by any � ir, . ?Y - - I current ciYy employee? �".- - � Yes No ' 4 �, I Explain ali yes answers on separete sheet and attach to green sbeet '�ti _ _ _..__ _ __ -___ -_'_ _._.___�__—_ —�_—�-_--.--_ ___-___ " i � tnitiating Probfem, fssues, Opportunity (Who, What, When, Where, Why): ' � The City of Saint Pa�l, Police Departrment, has received a 2005 Urban Area Seciuiry Inipative Grant from the Minnesota Departmen[ of� , Public Safety. Authonzation is needed to enter into the gzant agreement with the Minnesota Depariment of Riblic Safery. �, Advantaqes NApproved: ' The 2005 Clcban Area Secunty Imriative Gcant pcovides funding for overtime ho�zs to monitor critical infrastructuce. - - - � - - �--- ---- -------. ._ ---------------- ��$l��$�� --------- ' — --- �---_ -, Disadvantapes If Approved: vone. SEP 1 � 2006 — - — — - --�� Q��,�� ___ ��'�� -��- D isadvantapes If Not Approved: ; Loss of grant funds available to monitor crihcal infrastructure after hours. ;;�'� �� , Total Amount of Trensaction: Fundinp Source: F inancial Information: (Explain) 144085 State of Minnesota CosURevenue Budgeted: ActiviN Number: �� € r �.,.-- r .. . . [ ,c � �� , �� __ �_'�� Ly44� September 15, 2006 9:01 AM Page 1 d�-qoe HSEM Graut # 2005-tiASI-00'739 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public 5afetv, Division of Homeland Security'and Emereencv Mana¢ement 444 Cedar Street Suite 223. St_ Paul. Minnesota 55101-6223 ("State") and Citv of St Paul 15 W Kello�� Boulevazct St. Paul Minnesota 55102 ("Grantee"), Recitals 1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2(4) the State is empowered to allocate and disburse federal funds made available through the Department of Homeland Security and is empowered to enter into this grant contract. 2 The State is in need of the distribution of federal funds to eligible grant recipients pertaiiung to the 2005 Homeland Security Grant Program, Awazd Number 2005-GE-TS-0019, to purchase equipment for protecting first responders and strengthen terrozism response capabilities by providing funding £or exercises, training, plauniiig and organizational activities. 3 The Grantee represents that it is duly qualified and agrees to pezform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: October 2Q. 2Q05 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, tYae Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant conh�act. Reimbursements wiil only be made for those expenditures made according to the ternns of this grant contract. 1.2 E�iration date: March 31 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liabality; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Cnantee, who is not a state employee, will: 2.1 Perform the work in the Grantee's 2Q05 Homeland Security Grant Program Application, Attachment A, which is attached and incorporated into this grant contract. Approved equipment, exercise, training, planning, organizational, and/or management and administration costs identified in Attachment A were approved from the 2005 Homeland Security Grant Program Guidelines incorporated into this grant contract by reference. 2.2 Comply with all program guidelines specified in the 2005 Homeland Securiry Progzam Grant Application Packet provided to the Grantee by the State, and will comply with the standards and requirements attached and incorporafed into this grant contract. Tlaese additional standazds 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 this grant contract. 2005 Homeland Security Program (04/OS) Page 1 v� -�� r HSE1V1 Crrant # 2005-UASI-00739 c. Grantees receiving $100,000.00 or more must complete and retum the Certification Regazding Lobbying form, labeled Attachment D, which is attached and incorporated into this grant contract. 23 Funds approved under this g�ant contract shall be used to supplement, and shall not be used to supplant, non-federal funds dedicated to this effort. The Grantee may be required to supply documentation 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 throup� 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 all costs of maintenance, repair and/or replacement related to equipment. Equipment purchased through this grant contract is the properry 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. Departrnent of Homeland Security". 2.7 Comply with aJl program guidelines specified in the 2005 Homeland SecuriTy Crrant Program Guidelines provided to the Grantee by the State and incorporated into this grant contract by reference. Specifically, the Cirantee is required to develop, implement, and adopt National Incident Management System (NIMS), and Homeland Security Presidential Directive (HSPD) that is comprised of 8 initiatives in their jurisdiction and the Grantee is required to docuxnent and submit documentation to the State to support proof of compliance. 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. 4 Consideration and Payment 41 Consideratzon. The State will pay for all services performed by the Grantee under this n ant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $144.085.00, according to the breakdown of costs specified in Grantee's 2005 Homeland Security 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 for 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.) Grantee certifies that the following matching requirement, far the grant contract, will be met by the Grantee: $0_00. (3) Total Oblig¢tion. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $144 Q85.00. 4.2 Payment 2005 Homeland Security Program (04/OS) Page z b(� - �jai HSEM Grant # 2005-UASI-0�739 (1) Grant Billzng For»z The State will prompfly pay the Grautee a$er the Grantee presents a Grant Billing Porm 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 at least bi-annually due June 30 and December 31 for the life of the grant, but not more often than monthly and within 30 days of the period covered by the Grant BIlling Form. b. Expenditures for each state fiscal yeaz (July through June) of this grant contract must be for services satisfactorily performed within applicable state fiscal yeaz. Fina1 Grant BIlling Form pertaining to the fust state fiscal yeaz of this grant contract must be received by the State no later than August 15, 2005. Reimbursements from the second state fiscal year may commence on or after July l, 2005. The fmal Grant Billing Form pertaining to the second state fiscal year of this grant contract must be received by the State no later than August 15, 2006. Reunbursemants from the third state fiscal yeaz may couunence on or after 7uly l, 2006. The final Crraut Billing Forsn pertaining to the third state fiscal yeaz of this grant contract must be received by the State within 45 days of the Expiration date of this grant contract. c. Grantee will submit fmancial and narrative performance reports at least bi-annually due June 30 and December 31, for the life of the grant, but not more often than monthly. The narrative perfozmance report shall consist of a comparison of actual accomplishments to the approved work plan in Attachment A. fihese reports must be submitted before reimbursement will be paid. (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under ttus grant contract will be made from federal funds obtained by the State through CFDA # 97.067, Public Law 10&-334 De_pariment of Homeland Securitv Appropriations Act of 2005. 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 requarements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satis£action, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federai, staYe, 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 The State's Authorized Representative is Sharon Olson Grants Specialist Division of Aomeland Securitv and Emer�encv Manaeement 444 Cedaz Street Suite 223 St Paul MN 55101 phone (b51) 201-7422. faac (651) 296-0459, or hislher successor, and has the responsibiliry to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authoiized Representative will certify acceptance on each Grant Billing Form submitted for payxnent. The Crrantee's Authorized Representative is Paul MefFert Ser�eant City of St. Paul, 367 Crrove 2005 Homeland Security Program (04/OS) Page 3 pt� �DI HSEM Crrant # 2005-UASI-00739 Street St Paul Minnesota 55106�hone (6511266-5680. f� (6511266-5542. If the Cnantee's Authorized Representative cl�anges at any time during this �r3Ilt contcact, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Asszgnmen� The Grantee may neither assign nor transfer any rights or obligations under this grant contract 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 grant contract, or their successors in office. 7.2 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 original grant contzact, or their successors in office. 73 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 Contracf Complete. This grant contract contains all negotiations and agreements between the State and the Grrantee. No other understanding regazding tkus grant contract, whether written or oral, may be used to bind eithez party. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hannless from any claims or causes of action, including attomey's fees incurred by the State, ari sing from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be constnxed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. The Grantee's liability is govemed by Minn. Stat. § 466 et. Seq. and any other applicable law, rule or regulation. 4 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Crrantee's books, zecords, documents, and accounting procedures and practices relevant to this grant contract aze subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six yeazs from the end of this grant contract. 10 Govemment Data Practices The Grantee and State must comply `vith the Minnesota Government Data Pracfices 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 Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting pariy before the data is released. 11 Workers' Compensation The Grantee certafies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to wozkers' compensation insurance coverage. The Grantee's employees and agents will not be considexed State empioyees. Any ctaims that may arise under the Minnesota Workers' 2005 Hometand Security Program (04/OS) Page 4 D(� �101 HSEM Grant # 2005-UASI-00739 Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and the Department of Homeland Security as the sponsozing agency and must not be released without prior written approval from the State's Authorized Representative. All publications created with funding under this grant contract shall prominendy contain the foliowing statement: "This document was prepazed under a grant from the Office of State and Local Governruent Coordinarion and Preparedness (SLGCP), U.S. Depamnent of Homeland Security_ Points of view or opinions expressed in this document ate those of the authors and do not necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeland Security." For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and sisnilaz public notices prepazed by or for the Grantee individuatly or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and inevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal govemment purposes: (i) the copyrigJit in any work developed under an award or sub-award; 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 fixnding. 122Endorsement. The Grantee must not claun that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this b ant contract. Venue for a111ega1 proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Raznsey County, Minnesota. 14 Terminafion 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily pezformed. 14.2Termination for Insuffuient Funding. The State may immediately terminate 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 allow for the payment of the services covered here. Temunation must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee 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 grant contract is terminated because of the decision of the Minnesota Legislature, or other funrling source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 14.3 Termination 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 Z005 Homeland Security Program (04/OS) Page 5 a� -�� HSEM Grant # 2005-UASI-00739 reasonable progress has not been made or that the purpose for which the funds were granted have not been or will not be fulfilled. The State may take action tp protect the interests of the State of Minnesota, inciuding the refusal to disburse additional funds and requirin� the retum of all or part of the funds already disbursed. 15 Data Disclosure Under Minn. Stax. § 270.66, and other applicable law, the ('Jrantee consents to disclosure of its social security number, federal employer t� identification number, and(or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax retiums and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION Individval cert�es th¢t funds have been encumbered os required by Minn. Stat. §§ 16A.I5 and 16C.05. Date: Grant Contrnct No 2005-UASI-00739 / 2000-11271 2. GRAN'I'EE The Grantee cert�es fhat the appropriate person(s) htrve ex¢cuted the grant contr¢ct on behaljojthe Graniee ¢s required by opplicable anc�lu, by/mvs, resolunons, or ordinanres. By: Title: C i f of Pol' e Date_ By: ' Titte: City Attorney Date: By: Tit1e: Director, Financial Date: 3. STATE AGENCY B}': (with delegated authority) Title: Date: Distnbution: nesrnns Grantee State's Authorized ReQreentative _ By:/ /� / _ 'Lfitle: Mayor / 11ate: � � r _ BY\ � ` � s Title: Director, Hum n Rights Date: 2005 Homeland Security Program (04/OS) Page 6 O(�-t0/ ATTRCHNtENT A 2005 Urban Area Security Initiative Grantee tJame: SY Paul, City ofi Number: 2005-UASI-00739 Amount Requested: �/�� Q�� Grantee Address: 15 W Kellogg Boulevard City Hall Annex St Paul Program Contact )�/7�� J"�� f/� — J`�� Major Objectives: City of St. Paui will be able to provide increased security of critical infrastructure located within its area of respo�sibility during periods of Code Orange or Code Yeliow alert levels. UAHSS Strategy Link: Goal 8; Objective A Page A-1 v (� -� �/ � PCN?12d 6Yrt$S'•.iCFi��L Fa STart Menu Admin RFP Menu 6rant Menu Go to Grant Budoet Overview User: Sharoni Oison BUDGET ITEM DEfAIL �.Budget Overview�BUdget Summary� f Budget Detail�iA.dd Budget Item� ;� Critical Infrastructure Protection: St PaW CIP r Budget Category for this budget item: Operationa� Activities Provide a short description for this budget item (shoutd be unique to this 6udgetJ: � Overtime _ __ _ _ . ...... Provide a more detailed description for [his budget item: for piocection of criticai infrasffucture Enter the dollar amoun[s associated with the bud9et item: . * = Required Fieid Powered by I�teil_C�ran� Requese $144,085_OG Expended: $0.00 (for Operational Activities) Grant �: 2005-UAS: Grantee: St Paui Sbtus: Grant Funding A }�IP f � No[es f L Page A-2 �(�-�o/ HSEM Grant'� 2005-UASI-00739 . - :I 1 : FEDERAI. Ai3ATT REQU'IREMENTS 1_ For subrecinients that are state or local govemments non-profit organizations or Indian tribes If the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain either a single audit or a program-specific audit made for the fiscal year in accordance with tt�e terms of the Single Audit Act Amendments of 1996. Audits sha11 be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizaut agency shall pemiit biennial audits, covering both years, if the government so requests. It shall also honoz requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in pIace prior to January 1, 1987. For subrecinients that aze institutions of hi�her education or hospitals Lf 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 Gzants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organi2ation. The audit must determine whether the subrecipient spent federai assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local 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 shall state that the audit was performed in accordance with the provisions of OMB Circulaz 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 govemment has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the fmdings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If 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 grantor shall have such access to grantee's records and fmancial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133. Grantees of federal financial assistance from subrecipients aze also Lequired to comply with the Sing�e Audit Act and OMB Circulaz A-133. 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 2005 Homeland Security Program (04105) Page B-1 o �-�a/ HSEM Grant # 2005-UASI-00739 7. The grantee agrees to retain documentation to suppozt the schedule of federal assistance for at least four yeazs. E:� OMB Circuiaz A-133 requires recipients ofmore than $500,000 in federal funds to submit one copy ofthe audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East lOth Street Jeffersonville, Indiana 47132 Arin: 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 Su3te 126, Town Square St. Pau1, NIlV 55101-5126 2005 Homeland Security Program (04lOS) Page B-2 ��e-9o/ HSEM Crrant � 2005-UASI-00739 ATTACffiYIENT C FEDERAL ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulazs No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Admiuistrative Requirements for ('mnts and Cooperative Agreements 28 CFR, Part 66, Common rule, that govem 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 sunilaz action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and d'uecting and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional informafion may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions 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 1oca1 unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et seq.). 4. It will comply with the minimum wage and m�imum hours provisions of the Federal Fair Labor Standazds Act. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a des3re for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency conceming speclal requitements of law, program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease oz supervision which shall be utilized in the accomplishment of ttie project aze not listed on the Environmental Protection Agency's (EPA) list of Vioiating FaciJities and that it will nofify the Pederal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with 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 Mazch 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 hazards. The phrase "Federal financial assistance" 2005 Homeland Security Program (04105) Page C-1 Ol�-yo I HSEM Grant # 2005-UASI-00739 includes any form of loan, grant, guacanty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or induect Federai assistance. 10. It will assist the Federal �antor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeoloa cal 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 National 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 e�stence of any such properties and by (b} complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. ll. It will comply, and assure fhe compliance of all its sub-grantees and contractors, with the applicable provisions of Tatle 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 O�ce of 7ustice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Fedezal laws, orders, circulars, or regtilations: 12. It will comply with tl�e provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Idenfifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Tntergovernmental Review of Department of Justice Programs 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 wiii comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil 12ights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Tifle II of the Americans with Disabilities Act (ADA; (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of 7ustice 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 of discriminaYion 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 forwazd a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 15. It will provzde an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 16. It wi11 comply with the pxovisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (15 USC 3501 et seq.) which prohibits the expenditure of inest r.ew Federal funds witYun *he units of the Coastal Barrier Resources System. 2005 Homeland Security Program (04/OS) Page C-2 DCe-�tai HSEM Grant # 2005-UASI-00739 ATTACFINiENT D CERTIFICATION REGARDING LOBBYING For Sfate 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 funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 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, continuation, renewal, amendment, or modification of any Federal coniract, 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 empioyee 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 instructions. (3) The undezsigned shall require that the language of this certification be included in the awazd documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificafion 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. Organization l�iame Name and Title of Official Signing for Organization By: Date Signature of Official 2005 Homeland Security Program (04/OS) Page D-1