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07-283Council File # Green Sheet # Presented By: Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul, Police Departmen 2 to enter into the attached amendment to agreement #02-13958-I with the State of Minnesota, Military 3 Affairs. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Adopted by Council: Date: �ini� a��1D7 Adoprion Cerrified by Co�° cil Secretary: BY� ��//ec� /Corric�Sdri Approved by Mayor: Date: �jQ-�c.Q' a, a00� BY� /(AmGc� f'��wy' RESOLUTION CITY OF SAINT PAUL, MINNESOTA �g� 3037613 13 Approve y a or for S bmission Council: BY� i � V Q:\FiscaMO&CR�200TStateMNMilitaryAttairsamenticr.xls Requested by Department of: O Z4's3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet � PD - PoliceDepazimrnt 0&MAR-07 �� Green Sheet NO: 3037613 i CoMac[ Person & Phone: � � ' ChiefJohnHarrington i 26&5588 � � Must Be on Council Agenda by (Da[e): � Number r For � Routing ! Doc.Type: RESOLUTiON � Order E-DOCUmefrtRequired;- Y ( Document Contact: Amy Brown CoMaet Pho�: 266-5507 I Total # of Signatufe Pages (Clip All Locations for Signature) 0 �diceDepazlment PdiceDePar�ent 1 '�diceDennrtmeM I PoticeDeparhneM � 2 . ity Attoroer '' Citv Attorcey 3 aYOr's Office MaYOr 4 ,CounN CouncO 5 iri Clerk 'I Ciry Qerk J I 6 oliceDe arUnent ; PdiceD artrnent Signatures on the attached council resoludon authorizing [he attached amendment to agreement #02-13958-I between the City of Saint Paul, Police Depaztment, and the State of Minnesota, Militazy Affairs extending the timeline from Mazch 31, 2007 to September 30, 2007. iaanons: npprove (n) or r; Plan�ing Commission CIB Committee Civil Service Commission 1. Has thls person/firm ever worked under a contract for this department? Yes NO 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating problem, Issues, ORPottunity (Who, What, When, Where, Why): The State of Minnesota, Military Affairs, is in need of an intelligence analyst resource at work within the Minnesota Joint Analysis Ceuter (MN7AC). � Advantages {f Approved: The City of Saint Paul will continue provide services to the State of Minnesota that will pxevent acts of terrorism and improve homeland securiry. _ _�„ �A Disadvantages If Approved: None. MAR k � 20ti1 MA`IOR'S O�EtCE ; Disadvantages If Not Approved: ' Lost opportuniTy to continue working with the State of Minnesota for an integated, interagency conduit to intelligence gathering and ; sharing across federal, state, and local boundaries. � o[a� qmoUn[ ot � Transac[ion: S'� Funding Source: St810 Of Financial Information: (Ekplain) Activlty Number: � " RB�i'JA S� �Q�.d..y.,, � �:s � .�.:� �.� t MAR 19 2Q07 CosVRevenue BudgMetl: March 9, 2007126 PM Page 1 ��l z�3 Stake of Minnesota 5UPPLEMENTAL DepertmentofMilitary Affairs AGREEMENT Facilities M�gement Oflice, Camp Ripley I5000 Hi�Lway RS � ��. LittleFalls,MN 56345-0173 This Supplemental Agreement is by and between the State of Minnesota, through che Department of Military ASairs ("Stace") and the City of St. Paul, Police Department ("Govemmental UniP'). Recitals 1. 7'he State has a Joint Powers Agreement (Contract No. STP001001) with the Govemmental Unit to provide an Intelhgence Analyst Resource to work with the Minnesota Joint Analysis Center (MNJAC) (Pro}ect No. 05810). 2. Due to a Grant extensio� being approved by the State's Division of Homelarid SecuritY Emeigency Management, this Supplemental Agreement is required to extend the expiration date of the Joint Powers Ageement until such time as the Grant funding is exhausted or as described is Article 12. 7'his time extension will enable the Department of M3litary Affairs to continue iYs participation in the MNIAC. 3. T'�e State and Govemmental Unit are willing to amend the Original Conhact as stated below. Contract Amendment Revis�on l. Article 2"Term of Agreemenf' is amended as follows: 1.2 Expiradon Date: �--�* ' 30 September 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Except as amended herem, the terms and condinons of the Original Contract and all previous amendments remain in full force and effect. Supplemental Agreement not valid until s�gned by the following: 1. STATEENCUNffiRANCE�'ERIF�CATION }, $TATE � DEPARTNIENT OF iMLITARY FAIIp$ /�ulrv�dval ce�nfies thatjunds Aa�a^'aV��"^�er�•d °�' / Ma�o� Trtle. The Date AGPS M 2. GOVERNN1Y:NrR�urvu — CTTY OF $T. PAUL � The Covemmeriml Umt certtfies thai the appropnatt penon(s) have S�gned' ¢K¢curedthecont�actonbehaloltheGovemmenm[Umlas TNe:_ r¢guired by appfirnble artic[es, bylaws, resolunons, or ord�mnres oar� _ s,��: Ti e. Dvecm Humnn R� hts � / � f Dare 05810212-Ot o a- �3°��g -� O Z.�� STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreement is between the State of Minnesota, acting through the Department of Military Affairs, Facilities Mana;ement Office, Camp Ripley, 1�000 Highway 115, Little Falls, Minnesota 56345-4173 ("State") and the City of St. Paul, Police Department, 367 Grove Street, St. Paul, Minnesota 5� 101 ("Govemmental Unit"). Recitals 1. Under Minn. Stat. § 471.59, subd. 10, the 5tate is empowered to engage such assistance as deemed necessary. 2. The State is in need of an Intelligence Analyst Resource to work within the Minnesota Joint Analysis Center (MNJAC), an integrated, interagency conduit to intelligence gathering and sharing across federal, state and local boundaries. The purpose of the MN7AC is to enhance the jurisdiction's ability to prevent a terrorist act and to improve homeland security. Agreement Term of Agreement 11 Effecfive date: 13 March 2006, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. T1�e Governmental Unit must not begin work under this contract until this agreement is fully executed and the Contractor has been notified by the State's Authorized Representative to begin the work. 1.2 Expirafion date: 31 March 2007, or until all obligations have been satisfactarily fulfilled, whichever occurs first. Agreement between the Parties 2.1 Dufies of the Governmental Unit. Provide an Intelligence Analyst Resource to represent the State (Department of Military Affairs) and the Governmental Unit (City of St. Paul) as part of the MNJAC. Resource shall: • Report directly to Homeland Security Emergency Management (HSEM) Intelligence Coordinator. • Reseazch, evaluate, integate and analyze all-source data in the preparation of clear, concise, in-depth intelligence analytical products. • Share and analyze critical data with fellow homeland securiTy agencies at the local, state, and federal levels. • Integrate and fuse information from the combined homeland securityfhomeland defense communities in Minnesota, leading to a more rapid and predictive capabiliTy that is able to prevent terrorist actions. • Provide intelligence analysis and leverage intelligence expertise to provide timely and accurate operational intelligence support to Civil Authorities. • Develop and maintain presentations on homeland defense and tenorism awazeness, • Foster further development of intelligence through coordination with other states and the National Guard Bureau. • Provide a weekly brief on activities to the Chief, Current Operarions J-33, of the MN National Guard. 2.2 Duties of the State. Work perforxnance and intelligence information gathered by the Intelligence Analyst Resource will be evaluated by the MNJAC lead in cooperation with the State representative. Considerafion and Payment 3.1 Consideration. The State will pay for all services performed and, if applicable, ancillary goods or materials supplied, by the Goveznmental Unit undex this agreement as follows: (1) CompensaHon. The Governmental Unit will be paid a sum not to exceed ofNinety Thousand and No/100 Dollazs ($90,OOQ.QO) for operational activities to include hiring of conhacYOrs(consultants for participarion in information/intelligence analysis and sharing groups or intelligence fusion center activities. In addition, the Governmental Unit will be paid a sum not to exceed of Seven Thousand Five Hundred and No1100 Dollars ($7,500.00) for training workshops and conferences. Project No. 05810 Joint Powers Agreement Contraa No. S"CP001001 Page 1 �-� ?�s3 3.2 Payment (1) Invoices. Submit invoices to the Faciliries Management Ofrice, Camp Ripley, 15000 Hi�hway ll5, Little Falls, MN Sb345-4173. The State will pay the Govemmental Unit within 30 days of the Governmental UniYs presentarion of an itemized invoice far the services performed or, ancillary goods or materials supplied, and acceptance of such services by the State's Authorized Representative. (2) Prompt Payment to 5ubcontractors. Governmental Unit is required to pay subcontractors pursuant to Minn. Stat. § 1bA.1245. 3.3 Anfitrust. The Governmental Unit hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this agreement resulting from antitrust violations that azise under the antitrust laws of the United States or the State of Minnesota. Conditions of Payment All services provided by the Governmental Unit under this agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Governmental Unit will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representatives The State's Authorized Representative is LTC Eric Waage, Chief Operations Division J3, Department of Military Affairs, Veterans Service Building, 20 West 12"� Street, St. Paul, Minnesota 55155-2098, telephone number 651.268.8957, or hislher successor, and has the responsibility to monitor the Govemmental UniY s performance and the authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Governmental UniPs Authorized Representafive is Commander Christopher Hoskin, City of St. Paul Police Department, Special Investigations, 367 Grove Street, St. Paul, Minnesota 55101, telephone number 651.266.5619, or his/her successor. Ifthe Governmental UniY s Authorized Representative changes at any time during this agreement, the Governmental Unit must immediately notify the State. 7 Assignment, Amendments, Waiver, and Contract Complete 7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 7.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its iight to enforce it. 7.4 Contract Complete. This agreement contains all negoriations and ageements between the State and the Govemmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Liability The Governmental Unit must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by the Govemmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. Pro�ect No. 05810 loini Powers Ageement Contract No. STP001001 Page 2 ��1-2�3 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Governmental UniPs books, records, documents, and accounting procedures and pracrices relevant to this a�eement aze subject to examination by the State and/or the State Auditor or Legislarive Auditor, as appropriate, for a minimum of six yeazs from the end of this agreement. 10 Govemment Data Practices and Intellectual Property 10.1. Govemment Data Practices. The Govemmental Unit 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 agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated bythe Govemmental Unit under this ageement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in thSs clause by either the Govemmental Unit or the State. If the Govemmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must unmediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights (1) Intellectual Property Rights. The State owns all rights, ritle, and interest in all ofthe intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service mazks in the Works and Documents created and paid for under this agreement. Works means all inventions, unprovements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Governznental Unit, its employees, agents, and subconhactors, either individually or jointly with others in the performance of this ab eement. Works includes "Documents." Documents are the originals of any databases, computet programs, reports, notes, studies, photographs, negatives, desigis, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepazed by the Governmental Unit, its employees, agents, or subcontractors, in the performance of this agreement. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Governmental Unit upon wmpletion or cancellation of this agreement. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Governmental Unit assigns all right, title, and interest it may have in the Works and the Documents to the State. The Govemmental Unit must, at the request of the State, execute all papers and perform ail other acts necessary to transfer or record the State's ownership interest in the Works and Documents. (2) Obligations 1. Nofificafion. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Governmental Unit, including its employees and subcontractors, in the performance ofthis agreement, the Govemmental Unit will immediately give the State's Authorized Representarive written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 2. Representation. The Governmental Unit must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the W orks and Documents are the sole property of the State, and that neither Governmental Unit nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Governmental Unit represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or enrities. Notwithstanding Clause 8, the CTOVernmental Unit will indemnify; defend, to the extent permitted by the Attomey General; and hold harmless the State, at the Governmental UniYs expense, from any action or claim brought against the State to the extent that it is based on a claim that all or Project No. 05810 Joint Powers Agreement Contract No. STP001001 Page 3 C�+l 2�53 part of the Works or Aocuments in&inge upon the intellectual property rights of others. The Govemmental Unit wIll be responsible for payment of any and a11 such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attomey fees. If such a claim or action arises, or in the Governmental UniYs or the State's opinion is likely to azise, the Govemmental Unit must, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing W orks or pocuments as necessary and appropriate to obviate the infrin�ement claim. This remedy of the State will be in addirion to and not exclusive of other remedies provided 6y law. 10.3 Ownership Of Instruments Of Service (1) Ownership: Upon full payment of all sums due the Governmental Unit under this agreement and upon performance of all the State's obligarions under this abreement, Governmental Unit shall provide reproducible copies of the latest instruments of Service and the latest electronic data prepared by the Govemmental Unit for the Project to the State and these shall become the property of the State. The Govemmental Unit shatl retain full cights to electronic data and the inshlunents of Service and the right to reuse component information contained in them in the normal course of the Governmental UniYs professional activities. The Govemmental Unit shall be deemed the author of such electronic data or documents, shall retain all rights not specifically conveyed in wriring to the State, and shall be given appropriate credit in any public display of such instruments of service. (2) Reuse of Instrument of Service: Owner acknowledges that (1) Governmental Unit has prepared the Inshwnents of Service for construction of the Project with Governmental UniYs involvement throughout the Project, as contemplated by this agreement, (2) the Inshuments of Service are not in themselves necessarily sufficient for construction of the Project without Governmental UniYs involvement, and (3) the Instruments o£ Service aze not appropriate for construction of any other project except as provided herein. Govemmental Unit acknowledges that the State will use and rely upon the Instruments of Service and the latest electronic data prepared by the Governmental Unit for this Project, including but not limited to the as-built drawings and specifications in connecfion with any future repairs, maintenance to the Project and of subsequent phases ofthe Project. If Governmental Unit is in default or breach of its obligations under this agreement, the State shall have full ownership rights ofthe Instruments of Service and all electronic data. If Govemmental Unit is adjudged to be in default, the State shall not use the Instruments of Service for completion ofthis Project by oChers without the involvement of qualified professionals who shall assume GQVernmental UniYs professional obligations and liability for work not completed by Govemmental Unit. To the fullest ea�tent allowed by law, the State releases Governmental Unit, Govemmental UniY s sub-contractors, and the agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attomey's fees, azising out of the use of the Instruments of Service other than in accordance with this agreement. (3) Transfer of Ownership: Under no circumstances shall the transfer of ownership of the drawings, specifications, electronic data, or other Instrument of Service be deemed to be a sale by the Govemmental Unit and the Governmental Unit makes no warranties, express or implied, of inerchantability or of fitness for a particulaz purpose. Project No. 05810 Joint Powers Ageement Contract No. S1P001001 Page 4 �� 12 Insurance Coverage 121 Workers' Compensation Insurance (when applicabie): The Governmental Unit must provide Workers' Compensarion insurance for all its employees and, in case any work is subcontracted, the Govemmental Unit will require the subcontractor to provide Workers' Compensation insurance in accordance with the statutory requirements of the state of Minnesota, including Coverage B, Employer's Liability, at limits not less than $100,000.00 bodily injury by disease per employee; $500,000.00 bodily injury by disease ag�egate; and $100,000.00 bodily injury by accident. 12.2 The State will reserve the right to immediately terminate the ageement if the Govemmental Unit is not in compliance with the insurance. requirements and retains all rights to pursue any legal remedies against the Ciovernmental Unit. All insurance policies must be apen to inspecfion by the State, and copies of policies must be submitted to State's authorized agent upon written request. 13 Publicity and Endorsement 13.1 Publicity. Any publicity regazding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publiciTy includes notices, informational pamphlets, press releases, research, reports, signs, and sunilar public nofices prepared by or for the Governmental Unit individually or jointly with others, or any subcontractors, with respect to the program, publicarions, or services provided resulting from this agreement. 13.2 Endorsement. The Govemmental Unit must not claim that the State endorses its products or services. 14 Governing Law, Jurisdiction, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Mlnnesota, or the county where the project site is located or work conducted. This selection of venue will be at the discretion of the State. 15 Termination 15.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the othex party. Upon termination, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 15.2 Termination for Insufficient Fnnding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Leaislature, or other funding source; or if funding cannot be continued at a level sufficient to a11ow for the payment of the services covered here. Terminafion must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any seroices that are provided after notice and effecrive date of termination. However, the Governmental Unit will be enritled to payment, determined on a pro rata basis, for seroices satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the agreement is terminated because of the decision ofthe Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. Project No. 05810 Joint Powers Agreement Contract No. STP001001 Page 5 v�1=Z�s� 17 Other Provisions. EXF�IT A, Special Conditions for Contract Work Involving Federal Funds is attached and incorporated into this a�eement. 1. STATE ENCUMBRANCE VEI27FICATION Indrviduul cerf�es [haf fimds have b encwnbered as requered - SmG §§ 16A15 6C0�. � Signed: Date: 25 Anril 2006 � ST. ef of Police �ltr�v sy: Title: C y Attorney Date: 1� � r �(� IU By: �/A��t���'C_?� Titie: Date: By: Dat By: Dat RojeciNo. 05810 3. PAR OF i AIRS By: Major G eral Larry . Shellito Tifle: The Ad' utant General Date 4. By: Datc Joint Powers Agreement ConiractNo.STP001001 Page 6 G�-2�� EXHIBIT A SPECIAL CONAITTONS FOR CONTRACT W012K INVOLVIIJG FEDERAL FUNDS Intelligence Analyst Resource (Project No. 05810) ossioiaiaoi� E�[sI'r A �� � � SPECIAL CONDIITONS FOR CONTRACT WORK Ilv'VOLVING FEDERAL FCTNDS To the ea�tent applicable, the State is required to insert the substance of the following provisions in all contracts, unless State laws or rea lations offer more protection. 1. APPLICABLE LAW This contract is incident to the unplementation of a Federal program. Accordingly, this contract shall be governed by and construed according to Federal law as it may affect the rights, remedies, and obligarions ofthe United States. 2. GOVERNII3G REGULATIONS To the extent not inconsistent with the express terms of the Master Cooperative Agreement (MCA) No. W912LM-04-2-1000 between the National Guazd Bureau and the State of Minnesota, the provisions of 32 CFR Part 33, Uniform Administrative Requirements for Grants and Cooperative Ageements, DoD Crrant and Ageement Regulations (DoDGARs)(DoD 3210.6-R) dated 13 Apr 98, OMB Circular A-87, and NGR 5-1JAI�TGI 63-101, which Circular and Regulation are hereby incorporated by reference as if fully set forth herein, sha11 govern this contract. 3. NONDISCRIMINATION The ContractorfVendor agrees that no person shall be denied benefits of, or otherwise be subjected to discrimination in connection with the ContractorfVendor's gerformance under this contract, on the ground of race, religion, color, national origin, sex or handicap. Accordingly and to the extent applicable, the Contractor/Vendor covenants and ab ees to comply with Uae following: a. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), and DoD regulations (32 CFR Part 300) issued thereunder; b. Executive Order 11246 and Deparhnent of Labor regulations issued thereunder (41 CFR Part 60); c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and DoD Regulations issued thereunder; and, d. The Aae Discrimination Act of 1975 (42 U.S.C. § 6101 et sea.) and regulations issued thereunder (45 CFR Part 90). 4. LOBBYING a. The ContractorNendar agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency, or a member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federalloan; the entering into of any cooperative agreement; and, the eatension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative a�eement. ProjectNo. 05810 EXHIBIT A 210-01XA Page 1 of4 v� 2�3 b. New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28) to unplement the provisions of secrion i 19 of Public Law 102- 121 (31 U.S.C. § 1352) is incorporated by reference. 5. DRUG-FREE WORK PLACE a. The Contractor/Vendor agrees that it will comply with the provisions of the Drug Free Work Place Act of 1988 (Public Law 100-690, Tide V, Subtitle D; 41 U.S.C. § 701 et sect•) and maintain a drub free workplace. b. Govemment-Wide Requirements for Drug-Free Workplace (Crrants), issued by the Qffice of Management and Budget and the Department of Defense (41 USC 702) to implement the provisions of the Drua Free Work Place Act of 1988 is incorporated by reference and the ContractorNendor covenants and agrees to comply with all the provisions thereof, including any amendments that may hereafter be issued. 6. ENVIIZONMENTAL STANDARDS a. The ContractorlVendor agrees that its per£ormance under this contract shall comply with: the requirements of Section 114 of the Clean Air Act (42 U.S.C. § 7414) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. § 1318), that relate generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder; the Resources Conseroation and Recovery Act (RCRA); the Comprehenslve Environmental Response, Compensation and Liabilities Act (CERCLA); the National Environmental Policy Act (NEPA); and any applicable Federal, State or local environmental regulation. b. The ContractorNendor shall insure that no facility used in its perFormance under this contract is listed on the Environmental Protection Agency (EPA) list of violating facilities pursuant to 40 CFR Part 15 without the concurrence of NGB. The ContractorlVendor shall notify NGB of the receipt of any communication from EPA indicating that a facility to be or 6eing used in its performance under this coniract is under consideration for listing on the EPA list of violating faciliries. c. For the purposes of this secfion, NGB agrees that the ContractorNendor's obligations in Pazagraphs a. and b. of this section above shall not apply to any armory, base, training site, or other facility ar portion thereof, the operation and maintenance of which is funded under the MCA, that is currently, or becomes, listed as a violating facility, on the efFective date of the MCA, pursuant to 40 CFR Part 15; nor, shall such listing be the basis for NGB's termination for cause of the MCA or for NGB's disallowance of any cost otherwise allowable under the MCA. Subject to the availability of funds, the Contractor(Vendor and NC�B agree to cooperate to remediate, as expeditiousiy as possible, for any facility the operation and maintenance of which is within the scope of the MCA, the condition giving rise to the listing of any such facility as a violating facility according to applicable statutes, regulations, or other agreements, subject to the availability of funds. 7. PREFERENCE FOR U. S. FLAG CARRIERS The Contractor/Vendor agrees to comply with 4b U.S.C. § 1241(b) and regulations issued thereunder (46 CFR Part 381) as follows: Project No. 05810 EXHIBIT A 210-01 XA Page 2 of 4 � 2�5� a. To use privately-owned United States flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) of any equipment, materials, or commodities that aze both (1) procured, contracted for, or otherwise obtained with funds made available by NGB under this contract, and (2) transported by ocean vessel, to the ea�tent such vessels aze available at fair and reasonable rates; b. To fumish within 20 working days following the date of loading far shipmems originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-boazd" commercial ocean bill-of- lading in English for each shipment of carao described in paragraph (a) above to both NGB and to the Division of National Cazgo, Office of Market Development, U.S. Maritime Administration, Washington, D.C. 20590; and, c. Subject to existing contracts, to insert the substance of the provisions of this section in all contracts issued pursuant to this contract, and to cause such provisions to be inserted in all subcontracts issued pursuant to this contract, where the contract or subcontract is for $100,000 or more and where there is a possibility of ocean transportation of procured equipment or materials. DEBARMENT AND SUSPENSION a. The Contractor/Vendor shall not make any awazd or permit any awazd (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debannent and Suspension". b. The Final Rule, Government-wide Debarment and Suspension (Nonprocurement), issued by the Office of Management and Budget and the Deparhnent of Defense (32 CFR Part 25) to implement the provisions of Executive Order 12549, "Debarment and Suspension" is incorporated by reference and the Contractor/Vendor covenants and agrees to comply with all the provisions thereof, including any amendments to the Final Rule that may hereafter be issued. 9. NATIONAL HISTORIC PRESERVATION (Any construction, acquisition, modernization, or other activity that may impact a historic property.) The Contractor/Vendor agrees to identify any property listed or eligible for listing on the National Register of Historic Places that will be affected by thls contract. The Contractor/Vendor also agrees to comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470, et sea.), as implemented by the Advisory Council on Historic Preservation regulations at 36 CFR Part 800, and Executive Order 11593 (3 CFR 1971-1915 Comp., p. 559). (36 CFR Part 800 requires Grants Officers to get comments from the Advisory Council on Historic PreservaUon before proceeding with Federally- assisted projects that may affect properties listed on or eliaible for listing on the Nafional Register of Historic PlacesJ la. HATCH ACT The Contractor(Vendor agrees to comply with the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328), as unplemented by the Office of Personnel Management at 5 CFR Part 151, which limits polifical activity of employees or officers of State or local governments whose employment is connected to an activity financed in whole or in part with Federal funds. Project No. 05810 EXHIBIT A 210-01XA Page 3 of 4 ��-Z�s� I1. EOUAL EMPLOYMENT OPPORTiJNITX (All consmiction contracts awarded in excess of �10, 000 by grantees and their contractors or subgrantees.) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opporhmity," as amended by Department of Labor reb lations (41 CFR Chapter 60). 12. CARGO PREFERENCE (Any ag�-eement under which international air travel may be supporred by U.S. Governmentfunds.) Travel supported by U.S. Govemment funds under this contract shall use U.S: flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for internafional air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B 138942. 13. BUY AMERICAN ACT The Contractor/Vendor agrees that it will not expend any funds appropriated by Congress without complying with The Buy American Act (41 U.S.C. 10). The Buy American Act gives preference to domestic end products and domestic conshuction material. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community (EEC) on Govemment Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act. 14. RELOCATION AND REAL PROPERTY ACOUISITION The Contractor/Vendar agrees that it will comply with the provisions of the Uniform Relocation Assistance and Real Properiy Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et sea,) and regulations issued thereunder (49 CFR Part 24). 15. COPELAND "ANTT-KICKBACK" ACT The Contractor/Vendor a�ees that it will comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Deparlment of Labor regulations (29 CFR Part 3). As applied to this contract, the Copeland "Anti-Kickback" Act makes it unlawful to induce by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the conshuction or repair of public buildings or pu6lic works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. 16. CONTRACT WORK AOURS AND SAFETY STANDARDS ACT The Contractor(Vendor agrees that it will comply with Sections 1Q3 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 32�-330) as supplemented by Department of Labor regulations (29 CFR Part 5). As applied to this contract, the Contract Work Hours and Safety Standards Act specifies that no laborer or mechanic doing any part of the work contemplated by this contract shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at no less than l Y� times the basic rate of pay. This act is applicable to any construction contract awarded in excess of $2,060 and in excess of $2,500 for other contracts which involve the employment of laborers or mechanics. Project No. 05810 EXHIBIT A 210-OIXA Page 4 of 4