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07-131Council File # RESOLUTION ;SAINT PAUL, MINNESOTA Presented By: Referred To: 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Green Sheet # Committee:Date: 07 /�/ 3035432 �.� WAEREAS, the City of Saint Paul, Police Department, wishes to enter into a a ant from the Minnesota Departruent of Public Safety for the 2006 Homeland Security Grant Program; and WI�REAS, this grant provides funding to sugport an intelligence analyst position at the Information Sharing and Analysis Center (I5AC); and THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter into, and Chief John Harrington to implement the attached grant agreement, which includes an indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. Requested by Department of: Thune � � � Adopted by Council: Date: �l�U� Adoptiun Ce �r�fi // f / ied by�`°uncil Secretary: By� _--- .JJ/1%/�J/iG'�-/-1iQ Approved by � Date: � Q:\F iscal�,q0&CR�2006�2006HOmelandSecGmtProg.xls Approved for Submissio o CounciL• , B�,. (Y�'✓�/— — --- --- � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 0 7 /3/ , ���,vo���o���,�: i � ��: �: PD — PoliceDepariment �, 7SDEC-06 ' Green Sheet NO: 3035432 � Contact Person & Phone: ' Chief John Harrington � 266-5588 i Mus[ Be oh Council Aaen Doc.7ype; RESOlUT10N E-DocumeM Required: Y Document Contact: Amy Brown Contact Phone: 266-5507 � i 0 � diceDevarhment M I `• PoliceDeaartment Assign � 1 � oliceDenazhneat PoliceDeparhnent I Number 2 � inancial Services bireMOr, Ftinancial Servid For ✓ Routing 3 'tv Attorney i CiN Attornev Oftler 4 yor's Office Mavor I 5 ouncil CouncO � i I 6 ,City Clerk I City Clerk � 7 olice Departmedt Pdice Deparhnent Total # of Signature Pages! (Clip All Locations for Signature) Sigiatures on the attached council resoluflon authorizing the City of Saint Paul, Police Departrnent, to enter into the attached agreement with the State of Minnesota Public Safety. itlations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this personttirm ever worked under a contract for this department? Yes No 2. Has this persron/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessetl by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportun'Ry (Who, What, When, Where, Why): The City of Saint Paul, Police Deparknent, has received a 2006 Homeland Security Grant Progxam, authorization is needed to enter into the grant agreemen[. Advantages If Approved: The 2006 Homeland Securiry Grant Program provides funding to support an intelligence analyst position at the Infomiation Sharing and Analysis Center (ISAC). - Disadvantages If Approved: None. Disadvantages If Not Approved: Lost of grant funds available to support homeland security strategies. Budgeted: c��a� ci �4. LQ01 Total Amount of n _ E,} � Transaction: GT l4 �� Funding so�rce: State of Minnesota Financiai lnformation: (F�cplain) Activity Number: ;f ,�!: . i j . � � ` 4_ �?C� ,'�^:�,����i �E�"Y�"� January 18, 2007 7:52 AM Page 7 07 /3l STATE OF MINNESOTA GRANT CONTRACT HSEM Grant # 2006-ASGP-00615 This grant contract is between the State of Minnesota, acting through its Commissioner of Public SafeN_ Division of Homeland Securit�and Emer2encv Manaeement 444 Cedar Street Suite 223. St. PauL Minnesota 55101-6223 ("State") and Citv of St Paul. 367 Czrove Slreet St PauL Minnesota 55106 ("Grantee"). Recitals 1 Under Minn. Stat. § 1222 and 299A.01 Subd 2(4) the State is empowered to allocate and disburse federal funds made available througJ� the Depazknent of Homeland Security and is empowered to enter into this grant contract. 2 The State is in need of the dish of federal funds to eligible grant recipients pertaining to the 2006 Homeland SecuriTy Gzant Program, Awazd Number 2006-GE-T6-0005, for planning, organization, equipment, training, exercises, and management and administrafion to prevent, protect against, respond to, and recover from terrorist attacks, major disasters, and other emergencies. 3 The Grantee represents that it is duly qualified and agees to perform all services described in this grant contract to the sarisfacrion of the State. Gzant Contract 1 Term of Grant Contract 1.1 Effective date: September 1, 2006, 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 42 of this �ant contract. Reimbursements will only be made for those expenditures made according to the terms ofthis grant contract. 1.2 Expiration d¢te: June 30. 2008, or until all obligations have been satisfactorily fulfilled, whichever occurs fust. 13 Survival ofTer»zs. The following clauses survive the expiration or cancellation ofthis gant contract: 8. Liability; 9. State Audits; 10. Government Data Practices: 12. Publicity and Endorsement; 13. Goveming Law, Jurisdicrion, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Perform the work in the Grantee's 2006 Homeland Security Grant Program Applicafion, Attachment A, which is attached and incorporated into this grant contract. Approved equipment, exercise, training, planning, organizational, ancUor management and administration costs identified in Attachment A were approved from the 2006 Homeland Security Grant Program Guidelines incorporated into this grant contract by reference. 2.2 Comply with the standazds and requirements attached and incorporated into this grant contract. These additional standazds and requirements aze 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 mcorporated into this grant contract. 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 grant contract shall be used to supplement, and shall not be used to supplant, non- federal funds dedicated to this effort. The Cttantee may be required to supply documentation certifying that a reduction in non-federal resources occused 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 thzough this grant contract, and shall not permit the equipment to be tampered with or operated by individuals who are not properly trained. 2.5 Assume total responsibility of the proper handling, use, and maintenance of the equipment and bear all 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: "Purehased with funds provided by the U.S. Deparhnent of Homeland Security". 2.T Comply with all program guidelines specified in the 2006 Homeland Security Grant Progxam Guidelines, specifically, the Grantee is required to develop, implement, and adopt National Incident Management System 200fi IlomeIand Security Grant Program {l l/06) O�/3/ HSEM Grant # 2006-HSGP-00615 (NIMS), and Homeland Security Presidential D'uecfive (HSPD) that is comprised of 8 iniriatives in their jurisdicrion and the Grantee is required to document and submit documentation to the State to support proof of compliance. 3 Time The ('jrantee must comply with all the time requirements described in this gtant conhact. In the performance of this gant contract, time is of the essence. 4 Consideration and Payment 41 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $75.000.00 according to the breakdown of costs specified in Attachment A. The Grantee will submit a written change request for any substitution of budget items or deviation of more than 15% from the approved budget categozy amounts in Attachment A. Chauge requests for substilutions 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 Representafive 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 Representarive. Requests must be approved prior to any expendimre by the Grantee. (2) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant conttact, will be met by the Grantee: 0.00. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant conh will not exceed $75,000.00. 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents a Financial Status Repart/Payment Request for the services actually performed and the State's Authorized Representarive accepts the invoiced services. Financial Status ReportlPayment Request must be submitted timely and according to the following schedule: Grantee will submit the Financial Status Report/Payment Request along with copies of the Grantee's itemized invoices for actual costs incurred quarterly, but not more often than monthly, and within 30 days of the period covered by the Financial Status ReportlPayment Request. Expenditures for each state fiscal yeaz (July through June) of this grant contract must be for services satisfactorily performed within applicable state fiscal years. The final Financial Status Report/Payment Request pertaining to each state fiscal yeaz of this a ant contract must be received by July 31 of that calendaz yeaz. Reimbursements from the next fiscal yeaz(s) may commence on or after July 1 of that calendar yeaz. The final invoice must be received within 30 days after the Expiration date of this grant contract. Grantee will submit narrative performance reports at least bi-annually on June 30'� and December 31�` for the life of the grant. The narrative perfarmance report shall consist of a comparison of actual accomplishments to the approved work plan in Attachznent A. These reports must be submitted before reimbursement wili be paid. (2) Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through CFDA # 97.067 supported under DHS Ap�priations act of 2006 (P.L. 109-90) The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 2006 Homeland Security Grant Program (I1/06) 07 /3/ HSEM Grant # 2006-ASGP-00615 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's sarisfacrion, as determined at the sole discrerion of the StaTe's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regularions. The Grantee will not receive payment for work found by the State to be unsarisfactory or performed in violation of federal, state, or local law. Authorized Representative The State's Authorized Representative is Shazon Olson Grant Specialist Division of Homeland Securitv and Emereency Manaeement, 444 Cedaz Street Suite 223 St Paul MN 55101-6223 nhone (6511 201-7422 e-mail' Sharon.l.olson(a�state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this gant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Amv Brown Research & Grants Manager St Paul Police Department 367 Grove Street St Paul Minnesota 55101 phone (651) 266-5507 e-mail� amv brown(a)ci stpaul mn us If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately norify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.lAssignment. The Grantee may neither assigi nor h�ansfer any rights or obligations under this grant conlract 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.lAmendments. Any amendment to this grant contract must be in writing and will not be effective unril it has been executed and approved by the same parties who executed and approved the original grant coniract, or their successors in office. 7.2Waiver. 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. 73 Grant Contract Compiete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, azising from the performance of this grant coniract 6y the Grantee or the Grantee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant conhact. 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, for a minimum of six yeazs from the end of this grant contract. �� 10 Government Data Pracfices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Ciause, the Grantee must immediately notify the State. The State will give the Grantee instructions conceming the release of the data to the requesting party before the data is released. 2006 Homeland Security Grant Pro�am (1 I/06) HSEM Grant # 2006-HSGP-00615 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat § 176181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State empioyees. Any claims that may arise under the Minnesota Workers' Compensafion Act on behalf of these employees and any claims made by any third parry as a consequence of any act or omission on the parf of these employees aze in no way the State's obligation or responsibility. 12 Publicity and Endorsement 121 PubZitity. Any publicity regazditag the subject matter of this grant contract must identify the State and the Department of Homeland Security as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. All publications created with funding under this grant conhact shall prominently contain the following statement: "T4iis document was prepazed under a grant from the Office of State and Local Government Coordinarion and Preparedness (SLGCP), U.S. Deputrnent of Homeland Security. Points of view or opinions expressed in this document aze those of the authors and do not necessazily 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 similaz public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, pubications, or services provided resulting from this gant contract. Recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or othenvise use, and author3ze others to use, for federal govemment purposes: (1) the copyright in any work developed under an awazd or sub-awazd; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regazding the allocation of any patent rights that arise from, or aze purchased with, this funding. 122 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Goveming Law, Jurisdiction, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant confxact, 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 thas grant contract at any time, with or without cause, upon 30 days' written notice to the Gxantee. Upon termination, the Grantee will be enritled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufftcient Funding. The State may nnmediately 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. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided aftex 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 tite 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 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 reasonable progess 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 to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the zetum of all or part of the funds already disbursed. 2006 Homeland Securiry Grant Pro�am (I I/06) HSEM Grant # 2006-HSGP-00615 15 Data Disclosure Under Minn. Stat § 270C.65, and other applicable law, the Crrantee consents to disclosure of its social security number, federal empioyer taY identificarion number, andlor Minnesota tas identificarion number, already provided to the State, to federal and state taY agencies and state personnel invoived in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tas laws which could result in acrion requiring the Grantee to file sfate taz retums and pay delinquent state taY liabilities, if any, or pay other state liabiliries. 1. ENCUMBRANCE VERIFICATION Individud cen�u that frmds have been ennunbered as regu"ued by Mmn. StaG §§ 16A.15 arcd 16C.05. Sigped: Date: Grant Contract No. 2006-HSGP-00615 / 2000-11477 2. GRANTEE The Gronlee cert fes that the appropriate have execu[e t e gran[ conv¢c7 on b 1, reyurred by Irca�le arpc(es,dyq( s, re By: _ Title: Date: � _�� By: Titie: City Attorney �� Date: �- By: Title: Director,.E r Date: By. Title: �1a or ordvwnces. 3. STATE AGENCY By: (with delegated authority) Title: Date: BY�� �4.. i i + � i �!' �/ �/! Title: Director, Humani �ghts , Z9,�" � Date: �'��� �� ` 6 { t ` � ���_..� k 1 , + i5ervices � l. Date: `� ^"�� "�.�.�w i Distriburion: DPS/FAS Grantee State's Authorized Representarive 2006 Homeland Security Grant Program (11/06) ATTACHMENT A Homeland Security Grant Program FY2006 G�dfit00: St Paul Police Department Grant Number: p�0 �t,���� �a�� Application Overview Major Objectives Please explain how tha resources requesfed in this application wiil enhance yourjurisdiction's abilify to prevent a terrorisf a�t and be prepared to demonstrate how homeland security will be improved. Also, please indicafe how the specific items requested support and are consistent with the overall State Homeland Security Stra#egy. These funds will be used to support an intellilgence analyst posifion at fhe Information Sharing and Analysis Center (ISAC). This granf will allow our agency to: 1) more fully cooperate with the homeland security inteiligence efforts of the other leading regional and state agencies; 2) develop and mantain infortnation and intelligence that could preempt possible terroist attacks; and 3) esfablish and maintain a notification system for sharing of vital homeland security infortnation with law enforcement agencies, first responders, government managers. and private partners. These resources support the overafl state homeland security strafegy, specifically goal 6: Page A-1 Q t- Z w � x U Q F— F— Q co 0 0 N } LL � IR L � Q L a ,-. c R ' L n V � W� �L � U d � � lO N � O 2 � � N U 0 � � N d � ui N C � i � N � E � Z C � f L n V w N N .0 N Y L � � �h+ � rn a ry � � W � m � � � Q. x t1.� L � L � � N Y � � � � � Y � Q U Q z � m c N U N N T @ C Q C �O ' @ O N � C G � N � N Z Y � d G Y�+ N N �' � Page A-2 � v - �o �' zo ° � N n � N � � T n fP m o. ��. O C) � � � � � N � �p O � ,. 3 � — � ta p N � � N O C = � � o � � � �° � � m v � n < o � o � m � n 'a v 0 � � 0 3 m 0 � � � � � � � w � m � � v � a � v � � � a C � y O � � � � � � m � � � � J �1 -�I J ai ui (n cn � 0 0 0 o c� kA o 0 0 o Q O o O O O G O O O O O � O O O O O �' y' �EP a � e . 0 �� o� � i �,� m �o 9 4 Al'� � � N O � � � v N � � � 0 3 �o � ` m � � � _ O � m m n � 0 � � v � z � 3 � m � 'v � N � I � � m r D � � �il n C � ---I � D Z � m � m � G) m Z C� � � D Z D G� m ��-('� 1�1 Z -i m � a 0 v � � � v v � � z � D c� � � � � ' 0 � N O m � v � m � .. � � I � : r � I J Page A-3 Attachment B FEDERAL AiTDTT REQiJIREMENTS For subrecipients that are state or local eovemments non-profit or�anizazions or Indian tribes If the gzantee expends total federal assistance of $500,000 or more per yeaz, 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 local govemment has, by January 1, 1987, a consfitutional or statutory requ'uement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits, covering both yeazs, if the govemment so requests. It shall also honor requests for biennial audits by govemments that have an administrarive policy calling for audifs less &equent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecipients that are institutions of hi�her education or hospitals If the grantee expends total d'uect and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a fmancial and compliance audit made in accordance with OMB Circulaz A-110 "Requirements for Grants and Agreements with Univezsities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accotdance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local govemment auditor or a public accountant who meets the independence standazds specified in the General Accounting Office's "Standazds for Audit of Governmental Organizations, Prograzns, Activifies, and Functions." The audit report shall state that the audit was performed in accordance with the provisions of OM$ 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 government 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 p1an for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If correcfive action is not necessary, a statement describing the zeason 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 fedezal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circulaz A-133. 2006 Homeland Security Grant Program (I 1/06) B-1 Attachment $ 6. The Statement of Expenditures form can be used for the schedule of federal assistance. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Reauired audit renorts must be Piled with the State Auditor's Office. Sin�le Audit Division, and with federal and state aeencies providin2 federal assistance, and the Department of Public Safetv within nine months of the erantee's fiscal vear end. OMB Circulaz A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the cenh clearinghouse at the following address: Bureau of the Census Data Prepazation Division 1201 East l Oth Street Jeffersonville, Indiana 47132 Arin: Single Audit Cleazinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Deparhnent of Public Safety O�ce of Fiscal and Administrative Services 444 Cedaz Street Suite 126, Town Square St. Paul, MN 55101-5126 2006 Homeland Security Grant Program (11/06) B-2 Attachment C STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regularions, policies, guidelines, and zequirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A- 133; Ex. Order 12372 (intergovemmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements foz grants and cooperative agreements). The applicant also specifically assures and certifies that: l. It has the legal authority to apply foz federal assistance and the inst�tutional, managerial, and financial capability (including funds sufficient to pay any required non-federal shaze of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that consritutes or presents the appeazance of personal or organizational conflict of interest, or personal gain. 3. It will give the awazding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the fmancial assistance. 4. It will comply with a111awful requirements imposed by the awazding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and b3. 5. It will assist the awazding agency (if necessary) in assuring compliance with section 106 of the National Historic Preseroation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the Nationai Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.5.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevenrion Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (A2 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). '7. If a govemmental entity: a. it will comply with the requirements of the Uniform Relocation Assistance and Real Properiy Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govem the treahnent of pexsons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-�8 and §§ 7324-28, which limit certain potitical activities of State or local govemment employees whose principal employment is in connection with an activity fmanced in whole or in part by federal assistance. CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSIONAND OTHE.R RESPONSIBILITXN�ATTERS; AND DRUG-PREE WOItSPLACE REQUIREMENTS Applicants should refer to the regulations c9ted below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this fozm. Signature of this form provides for compliance with certification requirements under 28 CFR Part 64, "New Restrictions on L.obbying" and 28 CFR Part 67, ° C3overnment- 2006 Homeland Security Grant Pro�am (11/06) Gl Attaclunent C wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug- Free VJorkplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of 7ustice determines to award the covered lransaction, grant, or cooperative a?ceement 1. LOBBYING As required by Section li52, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) 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 Congess, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuafion, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or wili be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standud Form - LLL, "Disclosure of Lobbying Activities;' in accordance with its instructions, (c) The undersigned shall require that the language of this certification be included in the awazd documents for all subawazds at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that al1 sub-recipients shall certify and disclose accordingly. 2. DEBARNIENT, SUSPENSION, AND OTI-IER RESPONSIBILITY MATTERS (DIRECT RECTPIEN"1� As required by Executive Order 12549, Debazment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, 5ection 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debazment, declazed ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded &om covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or locai) transaction or contract under a public transaction; violation of Federal or State antitrust statuYes or commission of embeulement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c} Are not presently indicted for or othercvise criminally or civilly chazged by a govemmental entity (Federal, State, or local) with commission of any of the offenses enumerated in pazagraph (1)(b) of this cert�cation; and (d) Have not within a three-year period preceding this application had one or more public hansactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DItUG-FREE WORKPLACE (GRANTEES OTHER THAN INDNIDUALS) 2006 Homeland Security Grant Prob am (i I/06) G2 Atfachment C As requued by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Secfions 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distriburion, dispensmg, possession, or use of a controlIed substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violarion of such prohibition; (b) Establishing an on-going drug-free awareness progranu to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee`s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse viola6ons occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by pazagraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the emgloyee will (1) Abide by the terms ofthe statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendaz days after receiving notice under subpazagraph (d)(2) from an empioyee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Deparhnent of Justice, O�ce of Justice Programs, AT"IN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 2053 L Notice shall include the identification number(s) of each affected grant; ( fl Taking one of the following actions, within 30 ca]endaz days of receiving notice under subpazagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as aznended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of pazagraphs (a), (b), (c), (d), (e), and (fl. As the duly authorized representarive of the applicant, I hereby certify that the applicant will comply with the above certifications. 2006 Home]and Security Grant Program (11/06) C-3 Attachment D CER7`IFICATION REGARDING LOBBXING For State ofMinnesota Contracts and Grants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief that= {l) No Federat appropriated funds have been paid or will be paid, by or on behalf ofthe 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 Congess in connection with the awazding of any Federal contract, the making of any Pederal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuarion, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperafive agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its insiructions. (3) The undersigned shall require that the language of this certification be mcluded in the award documents for all subawards at all t3ers (including subcontracts, subgrants, and contracts under gxants, loans and cooperative agreements) and that all subrecipienYs shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed 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. Oxganization Name Name and Title_of Official Signing for Organizarion � Date Signature of Official 2006 Homeland Security Crrant Program (11/06) D-1