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06-990Council File # �� 9 g l� Green Sheet # �3$� RESOLUTION CITY Presented By: Referred To: Committee:Date: /3 1 WHEREAS, the City of Saint Paul, Police Department, has received a 2005 Urban Area Security Initiative 2 Grant; and 3 4 WHEREAS, this grant provides funding for overtime to monitor critical infrastructure in the City of Saint Paul; 5 and WIIEREAS, the City Council authorized the City of Saint Paul to enter into the attached grant agreement on September 27, 2006 (council file #06-901); and 9 10 11 12 l3 14 15 16 17 18 19 WHEREAS, A 2006 financing and spending plan needs to be established for this grant; and WHEREAS, the Mayor, pursuant to Section 10.Q71 of the City Charter, does certify that there are funds of $144,085 available for appropriation in excess of those estimated in the 2006 budget; and WHEREAS, the Mayor recommends the following changes to the 2006 budget; CUI2RENT BUDGET 20 436-Special Projects 21 FTNANCING PLAN: 22 34202 - 2005 Urban Area Security Tnitiative Grant 23 3799 - Other Federal Direct Grants-State 24 25 26 "1'otal Changes to Financing 27 28 SPENDING PLAN: 29 34202 - 20Q5 Urban Area Security Initiative Grant 30 0141 - Overtime 31 0439-Fringe Benefits CHANGES 144,085 AMENDED BUDGET 144,085 144,0 5 0 124,160 19,925 0 124,160 19,925 32 Total Changes to Spending 4, 5 33 34 35 BE IT RESOLVED, that the City Council approves these changes to the 2006 budget. Requested by Department of: .ldopted by Council:Date: //���jJp� Adoption Certified by Council Secretary: 33y: i/ � USdi� Approved by o: ate: � p,(� ]3v: PAUL, MINNESOTA Police By: � � Ap ove by F By: Form ved by By: Appr v ayo Bv: for Submission to Council: Q \FiscalWO&CR�2006�2005UfbanAreaStratlm(iGrt2006finanangspend�ng.xis � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � - __ 0�-�90 � DepartmenUofficelcouncil: Date Initiated: P PoliceDeparmient 0� CT-06 ' Green Sheet NO: 3033381 - -- - -� - — -- ------------ -- -- -- ---- - - - Contact Person 8 Phone: � Departrnent SentTo Person Initial/Date Chief,bhn Hartington � � � 0 �polic DeoarOn _ J P ol_ce D�arlmen�_ _______ _ � 266-5588 AsSign ', 1 pWiceDeL_0rh_n_@n ' �oliEeDe7par[cnen[ _' "__'_ _ _ Must Be on Council Agenda by (Date): � Number y �p�anci2l Services__.__�¢ecto� Financial5e Por — -- _ _- � � - - - - � � - Routing 3 C�t�At[2rney . __ __ __CdyA[torney_ __ _ _ Doc. Type: RESOLUIION W/$ YRANSACI - 4 �4laYOr_'s Otfi� _ T � Ma�or __ __ __ Order _ _.___ -. ' __-__ � -_� _ ._.- � --_ ___ _ � 5 ,CoupcO_____,____, _ __ CityCouncil_,_ _' ____ __ __ E-DocumentRequired: Y _ _-_--___-_�_ -_ .. - _.. _ DocumentContact: AmyBrown 6 City_CI_erk____________�____CityClerk__ .__. _ _ _ _ -_ _ _ _ _ _ __.- ConWCtPhone: 266-5507 ' � 7 PoliceDepartln�___ -�._�__PoLceDepar_finent _, _ __'__.___.___:_....-____ -_-._-____ _ _- `__ _ __ _ _ __ _ _ ___' ToWI # of Signature Pages (Clip All Locations for Signature) - _ - _. _ __ -_ __ _ . _ _. _ ___-_ _ __- .-.-_ � __ __ __ -- _. Action Requested: , Signatures on the attached council resolution accepting a 2005 Urban Area Security Init�a[ive Grant and establishing a 2006 financing and spending plan for the grant. �' Recommendations: Appro�e (A) or Reject (R). _ _ _ ___ Planning Commission CIB Committee � Cmi Se�.ice Cammiss�on . __ _ ., ___ ___. _ ___. _. _ ._ ___._. ___-__ _._ _ __ __ _ . __ _ Personal Service Contracts Must Answer the Following Questions: 1 Has this person/firm e�er worked under a contract for this department? Yes No 2. Has this person/firtn eeer 6een a city employee? Yes No ; 3 Does this persoNfirm possess a skill noi normally possessed by any �� cu`rent city employee? - Yes No , Expiain all yes answers on separate sheet and attach to green sheet �, - _- _ _____-_____ _ Y'. _ ________._-._-.-________.______-- _. __ _ . Initiating Problem, Issues, Opportuni ho, What, When, Where, Wh I '['he City Council autharized the City of SainY Paul ko enter into a 2005 Urban Area Security Initiative Grant agreement on September 27,� 2006 (a�uncil fde #06-901-see attached). A 2006 fmancing and spending plan needs to be established for this grant. - - --- -- -- --� -- �-- - -�- --�- - - - - � AdvanWpeslfApproved: , Che 2005 Urban Area Secuxity Init�ative Grant provides funding fox overtime to momtor critical infrastructure in the City of Saint Paul. ; - - - - - - - __ -- --- -- ----- --- ���-�� --_ _i None VantapesifApprovetl: �� ,� � � � -- -- -- -- � Disadvantages if NotApproved: � i nabiiity to use grant funds to momtor critical infrastructure in the City of Sai�t Paul. Total Amouot of � Transaction: 144 Cost/Revenue Budgeted: Fundina source: State of Minnesota Activiri Number: 34202 F inan cia l Information: (Explain) October 5, 2006 92:4$ PM Page 1 m���"�°" ,�;�`°�`��"���°� _. - --- - .- ��* � - . ��� W t T �a � 2�06 g «F F:��SS fie: �..� � �`z`� ��Q�p �`� ��� � � � S � � � � � V L i a q {�u ��°��. � �� 6 a Re: GS #3033381 Matt- £ T ^ � L��� 41 i ' L' iJ cGF �,•� r'. Y'yo'"¢ �f�°'=+ (�'� � ��/i 'ts The attached resolution establishes a spending and financing plan for an Urban Area Security Initiative grant that SPPD received from the Department of Homeland Security for overtime charges incurred while monitoring critical infrastructure within the city. City Council authorized the agreement by resolution last month (CF #06-901). The grant totals $144,085 in 2006 and requires no city match. The spending plan allocakes the funds to overtime + fringes. OK to sign. Scott DCt� - �I�ID HSEM Grant � 2005-UASI-00739 STAT`E OF NIINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. Division of Homeland 5ecuriiv'and Emereencv Management 444 Cedar Street Suite 223. St. Paul. Minnesota 55101-6223 ("State") and Citv of St Paul 1 S W Kelioe� BoulevarrL St. Paul. Mi.nnesota 55102 ("Cscantee"}.' Recitals L3nder Minn. Stat. §§ 12.22 and 299A.01 Subd 2(41 the State is empowered to allocate and disburse federal funds made available through the Depaxtment of Homeland Security and is empowered to enter into this grant contract. The State is in need of the distribution of federal funds to eligible grant recipients pertanung to the 2005 Homeland Security Grant Prograin, Awazd Number 2005-GE-TS-O� 19, to purchase equipment for protecting first responders and strengthen terrorism response capabilities by pzoviding funding for exercises, training, planning and organizational activities. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract Term o£ Grant Contract 1.1 Effective dafe: October 2Q. 2005 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, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this gcant contract. Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: March_ 31 or until all obligations have been satisfactorily fulfilled, whichever occurs fizst. 13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and I5. Data Disclosure. Z Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Perform the work in the Grantee's 2005 Homeland Security Grant Program Application, Attachment A, which is attached and incorporated into this gant contract. Approved equipment, exercise, training, plannang, 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 a11 program guidelines specified in the 2005 Homeland Security Progtam Grant Application Packet provided to the Grantee by the State, and will comply with the standazds and requirements attached and incorporated into this grant contract. These addifional 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 a�-��o HSEM Grant # 2005-UASI-00739 a Grantees receiving $100,000.00 or more must complete and retum the Certification Regarcling Lobbying form, labeled Attachment A, which is attached and incozporated into this grant contract. 23 Funds approved under this gravt contract shall be used to supplement, and shall not be used to suppiant, non-federal funds dedicated to this effort. The Grantee may be required to supply documentation certifying that a reduction in non-federal resoutces occurred for reasons other than the receipt or expected receipt of federal funds. 2.4 Provide all necessary training to their employees conceming the use of equipment purchased through this grant contract, and shall not permit the equipment to be tampered with or operated by individuals who aze not properly trained. 2.5 Assume total responsibility of the proper handling, use, and maintenance of the equipment and beaz a11 costs of maintenance, repair and/or replacement related to equipment. Equipment purchased through this grant contract is the property of the Grantee. 2.6 When practicable, any equipment purchased with grant funding shall be prominently mazked as follows: "Purchased with funds provided by the U.S. Departrnent of Homeland Security". 2.7 Comply with atl program guidelines specified in the 2005 Homeland Security Grant Program Guidelines provided to the Grantee by the State and incoxporated into this grant contract by reference. Specifically, the Grantee 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 document and submit documentation to the 5tate to support proof of compliance. 3 Time The Cnantee 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 4.1 Consideration. The State will pay for ali services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amoucit not to exceed $144�5.� accordang to the breakdown of costs specified in Grantee's 2005 Homeland Security Grant Program Application, Attachment A, which is attached and incorporated into this o ant contract. The CTrantee 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 RepresentaSive 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 expendihue by the Grantee. (2) Matchzng Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, wili be met by the Grantee: $0 (3) Totat Obligation. The total obligation of the State for all compensation and reunbursements to the Grantee under this grant contract will not exceed $144,085.00. 4.2 Payment 2005 Homeland Security Program (04/OS) Page 2 Q(� -9%U HSEM Grant # 2005-UASI-00739 (1) Grant Billing For»z The State will promptly pay the Grantee after the Grantee presents a Grant Billing Form for the services actually per£ormed and the State's Authorized Representative accepts the invoiced services. C'lrant Billing Form must be submitted timely and according to the following schedule: a Grantee will submit the Grant Billing Form along with copies of Crrantee's itemi2ed invoices for actual costs incurred at least bi-annually due June 30 and December 31 foz the life of the gsant, 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 (7uly through June) of this grant contract must be for services satisfactorily performed within applicable state fiscal yeaz. Final Grant Billing Form pertaiaing to the fizst state fiscal yeaz of this grant contract must be received by the State no later than August 15, 2005. Reunbursements from the second state fiscal year may commence on or after 7uly 1, 2005. The final 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. Reimbursements from the third state fiscal yeaz may commence on or after July 1, 2006. The fmal Grant Billing Forzn pertaining to the third state fiscal year of this grant contract must be received by the State within 45 days of the Expiration date of this grant contract. a Grantee will submit fmancial and narrative performance reports at least bi-annually due June 30 and December 31, for the llfe of the grant, but not more often than monthly. The nanative performance report shall consist of a comparison of actual accomplishments to the approved work plan in Attachment A. These reports must be submitted before reimbursement will be paid. (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will he made from federal funds obtained by the State through CFDA # 97.067, Public Law 108 334 Department of Homeland Securitv Appropriations Act of 2005. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts fu11 financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for wozk found by the State to be unsatisfactory or performed in violation of federal, state, or local law_ Authorized Representative The State's Authorized Representative is Shazon Olson Grants S ep cialist Division of Homeland Securitv and Emer�encv Management 444 Cedaz Street Suite 223 St. Paul MN 55101, phone (6511201-7422, fax (6511 296-0459, or his/her successor, and has the responsibility to monitor the Grantee's performance and the autl�oriry to accept the services provided under this grant contract. If the services aze satisfactary, the State's Authorized Kepresentative wiil certify acceptance on each Grant Billing Form submitted for payment. The Grantee's Authorized Representative is Paul Meffert Ser¢eant City of St. Paul. 367 Grove 2005 Homeland Security Program (04(05) Page 3 lJ(��90 HSEM Crrant # 2005-UASI-00739 Street St Paul Minnesota 55106 phone (6511266-5680 fas (6511266-5542. If the Grantee's Authorized Repzesentative cbanges at any time during this grant contract, the Grantee must immediately norify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The C,rantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fu11y executed Assignment Ageement, executed and approved by the same parties who executed and approved ttus 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 contract, or their successors in office. 73 Waivea If the State fails to enforce any provision of this grant contract, tl�at failure does not waive the provision or its right to enforce it. 7.4 Grant Coxtract Cnmplete. This grant contract contains a11 negotiations and agreements between the State and the Grantee. No oYher understanding regazding this grant contract, whether written or oral, may be used to bind either parly. S Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hazmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Crrantee or the Grantee's agents or employees. This clause will not be construed to bar any legai 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. Stax. § 466 et. Seq. and any other applicable law, nale or regulation. 9 State Audits Under Minn. Stat. � 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, foz a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Crrantee under tYus grant contract. The civil remedies of 1Vlinn. Stat. § 13.08 apply to the release of the data zeferred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data refened 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 party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered 5tate employees. Any claims that may azise under the Minnesota Workers' 20Q5 Homeland Security Program (04/OS) Page 4 � (� ��9d HSEM Crrant # 2005-UASI-00734 Compensation Act on behalf of these employees and any clauns made by any third parry as a consequence of any act or omission on the part of these employees aze in no way The State's obiigation or responsibility. 12 Publicity and Endorsement 12.1Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and the Deparfinent of Homeland Security as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. All publications created with funding under this grant coniract shall prominently contain the following statement: "This document was prepazed under a grant from the Office of State and Local Government Coordination and Preparedness (SLCrCP), U.S. Depaztrnent of Homeland Security. Points of view or opinions expressed in this document are those of tl�e authozs 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, reseazch, reports, signs, and similar public notices prepazed by or for the Grantee individually or joinfly with others, oz 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 irrevocable license to reproduce, publish, or otherwise use, and authori2e others to use, for federal govemment purposes: (1) the copyright in any work developed under an award or sub-awazd; and (2� any rights of copyrigbt to which a recipient or subrecipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP zegazding the allocation of any patent rights that arise from, or are purchased with, this funding. 122E'ndorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdictiun, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue foz all legal proceedings out of this gant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel ttus 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, detesmined on a pro rata basis, for services satisfactorily performed. 14.2Termination for Insuffzcient 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 1eve1 sufficient to allow for the payment of the services covered here. Termination must be by written or fas notice to the Gxantee. The State is not obligated to pay for any services that aze 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 are 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 funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable fime of the State receiving that notice. 143Termination for Failure to Comply. The State may cancel this „usant contract immediately if tl�e 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 dl� ���D HSEM Cnant # 2005-UASI-00739 reasonable progress has not been made or tbat the purpose for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse addirional funds and requiring the retum of all or part of the funds already disbursed. 15 Data Disclosure Under Miun. Stat. § 270.66, and other applicable law, the Crrantee consents to disclosure of its social security number, federal employer taY identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tas agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state taY laws which could result in action requiring the Grantee to file state tax retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. ENCi7MBRANCE VERIFICATION Indrvrdual cerir, fies ihai fundt have been encvmbered as required by Minm. Sfat. §§ I6A.15 mid 16C.05. Signe� Date: Grant 2. G] The G�antee cert�es Ihat the appropn¢fe per5on(s) have ezecufed ihe grant confrac[ on behalf of (he Grantee ¢s reqwred by applicabie �ncles, bylmvs, resoluteons, or ordinances. By: Title: C i f of Police Aate: Tifle: City Attorney Date: By : �, . Tit1e:�, Director Date: �� i Services �, 3 CTATL` Al�CN!`V By: Titl� DaU Dismbution: DPSlFAS Grantee State's Authorazed Representative By• \ itle: Mayox �ate: By: Titl�e: Director � Date: ,..._._.._�. s 2005 Homeland Security Program (04/OS) Page 6 �(���/9b AT7ACHMEIJT A 20�5 Urban Area Security Initiative Grentee Name: St Paul, City of Number: 2005-ISASt-40739 Amount Requested: ,� //�� Q�� Grantee Address: 15 W Kellogg Soufevasd City Hall Annex St Paul Program Contact: ��/72�� �J��� ��P�P — J`�O� Major Objectives: City of St. Paul will be able to provide increased security of critical infrastructure located within its area of responsibility during periods of Code Orange or Code Yello�t a{ert 4evels. UAHSS Strategy Link: Goal 8; Objective A Page A-1 U t� -��D � 1 � - � i f'ar.=_rzd by��.��s€.Y�€a Stdrt Menu Admin RFP Menu Grant Menu 6o to 6rant Buduet Overview User: Sharonl Olson BUDGEf ITEM DETAIL j Budget Ovesview�Bnd9et Summary�gudgei Detail��Add Budget Item` ,;;� Critical InfrasYracture PrntecEion: St Pavl CZP r Budget Category for this budget item: Operational Activities Provide a short description for this budgef item (shoutd be u�ique to this budget): * Overtime _ . _ _--- --. -- �� - - ..--.: Provide a more detaifed description Eor Yhis budget item: for pioiection o4 critical'+nfrastcucture Enter the dollar amounts associated with the budget item: Request $144,085 _QG Expended: $O.OD (for Operational Activities) * = Required Field Powered by 62nt �: 20D5-llAS. Grantee: St PaW 5�tus: Grant Funding P Neip � � ' NOteS I L Page A-2 DG� HSBM Grant # 2005-UASI-00739 ATTACHNIENT B FEDERAL AUDIT REQU�II2EMENTS For subrecipients that aze state or local eovernments non-profit oreanizations. or Indian tribes Lf the grantee expends total federal assistance of $SQO,OQO or more per year, the grantee agrees to obtain either a single audit or a program-specific audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or 1oca1 government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall pemut biennial audits, covering both yeazs, if the govemment so requests. It shall also honor requests for biennial audits by governments that haue an adm inistrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecipients thax aze institutions of hi¢her education or hospitals If the grantee expends totai direct and indirect federal assistance of $500,000 or more per yeaz, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circulaz A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the enrire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standazds specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." The audit report shall state that the audit was pezformed 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, inciuding a plan for cosective action taken or planned and comments on the status of corrective action taken on prior findings. If conective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The gzantee 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 financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 199b and OMB Circular A-133. 5. Grantees of fedezal financial assistance from subrecipients are also required to comply with the Single 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 PLOgram (04/OS) Page B-1 Oc�'9�0 HSEM Grant � 2005-UASI-00739 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. Q OMB Circulaz A-133 requires recipients of more tUan $500 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation D'zvision 1201 East l Oth Street Jeffersonville, Indiana 47U2 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Mimaesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 2005 Homeland Security Program (04/OS) Page B-2 U(� -990 HSEM Grant n 2005-UASI-00739 ATTACHIV�NT C FEDERAL ASSURANCES The Applicant hereby assures and certifies compliance wirh att Federal stazutes, regulations, policies, guidelines and requirements, including OMB Circulazs No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: l. It possesses legal authority to apply for the grant; that a resolution, motion or similaz acrion has been duly adopted or passed as an official act of the applicant's goveming body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representarive of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions oP the Uniform Relocation Assistance and Rea1 Properry 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 Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity fmanced in whole or in part by Federal grants (5 USC 1501, et seq.). 4. It will comply with the minunum wage and maximum hours provisions of the Federal Fair Labor Standazds Act. 5. It will establish safeguazds to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, 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 concerning special requixements of law, program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which sha11 be utilized in the accomplishment of the project aze not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federai Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. Tt 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 Aecember 31, 1976, Section :02(a) requires, on and after Mazch 2, 1975, the purchase of flood insurance in communities wheze such insurance is available as a condition for the receipC of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Departrnent of Housing and Urban Development as an azea having special flood hazards. The phrase "Federal financial assistance" 2005 Homeland Security Program (Q4(OS) Page G1 �t� -��o HSEM Grant � Z005-UASI-00739 inciudes any form of loan, gxant guazanty, insurance payment, rebate, subsidy, disaster assistance loan or grant, oz any other form of direct or indirect Federal assistance. 10. It will assist the Federai �antor agency in its compliance with Section 106 of rhe National Historic Preservation Act of 1966 as amended (16 ti SC 470), Executive Order 11593, and the Arcbeological and Historical Preservation Act of 1966 (16 USC 564a-1 et seq.) by (a) consulting with the State Historic Preservation Officex on the cAnduct 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 existence of any such properties and by (b) complying with ail requirements established by the Federal grantor agency to avold or mifigate adverse effects upon such properties. 11. It will comply, and assure the compliance of all its sub-grantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile 7ustice and Delinquency Prevention Act, or Yhe Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Crrants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 12. It will comply with the 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 Identifiable Reseuch and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Revaew of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Oppommity Policies and Procedures; Part 61, Procedures for Implementing the Nafional Environmental Policy Act; Part 63, Fioodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. It wiil comply, and all its contractors will 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 Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Tifle II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of JusYice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Depariment of Jusfice regulations on disability discrunination, 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 discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, oz disability against a recipient of funds, the recipient will forwazd a copy of the finding to the O�ce for Civil Rights, Office of Justice Programs. 15. It will provide an Equal Employment Opporhuiity Program if required to maintain one, where the application is for $500,600 or more. 16. It wi11 comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure af most new Federal funds withia Lhe units of the Coastal Barrier Resources System. 2005 Homeland Security Program (04/OS} Page C-2 UC� -� 90 HSEM Grant � 2005-UASI-00739 ATTACF�'�NT D CERTII� ICATTON REGARDING LOBBYING For State of Minnesota Contracts and Grants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or wiil 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 contract, grant, Ioan, or cooperative a�eement. (2) If any funds other than Pederal appropriated funds have been paid or will be paid to any person foz influencing or attempting to infJuence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shail complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the awazd documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients sha11 certify and disclose accordingly. This certification is a materiai representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty o£not less than $10,000 and not more than $100,000 for each such failure. Organization Name Name and Title of Official Signing for Organization By: Signature of Official Date 2005 Homeland Securiry Program (04/OS) Page D-1