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07-435Council File # O 7-��35 Green Sheet # 3039214 RESOLUTION OF SQINT PAUL, MINNESOTA Presented By: Referred To: WHEREAS, this grant provides funding to support an intelligence analyst position at the lnformation Sharing and Analysis Center (ISAC); and WHEREAS, the City Council authorized the City of Saint Paul to enter intu the attached grant agreement on February 14, 2007 (council £ile #07-131); and WI3EREAS, a 2007 £mancing and spending plan needs to be established for this grant; and WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $75,000 in excess of those estimated in the 2007 budget; and WHEREAS, The Mayor recommends that the following addi6on be made to the 2007 budget: 1 WHEREAS, the City of Saint Paul, Police Department, has received a 2006 Homeland Security Grant 2 Program from the Minnesota Department of Public Safety; and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 436-Police Special Projects Fund 21 FINANCING PLAN: 22 34205 - 2006 Homeland Security Grant Program 23 3199-Other Federal Direct Grants-State 24 25 26 27 28 29 30 31 32 33 34 Total Changes to Financing SPENDING PLAN: 34205 - 2006 Homeland Security Grant Program 0219-Fees-Other Professional Services Total Changes to Spending CURRENT AMENDED BUDGET CIiANG BUDGET 75,000 � 75,000 ^ 'S,O� 75,000 75,000 THEREFORE BE IT RESOLVED, that the Saint Paul City Council accepts this grant and approves the changes to the 2007 budget. Yeas ✓ ✓ Absent Adopted by Council:Date: // ,�ji�/? / Adopfion Certified by Council S� retary: � Appr By: For p ro ed by City Attor ey: By: Approve� r For Submission to Council: By: l� Requested by Department of: 2006 Homeland Searity Gran[ Program accept antl budget cr.xls � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D 7-�3.5� ; oepartmeM/officeJeounci ! PD -POliceDepartment Contact Person & Phone: Chief John Harrington 266-5588 Doc. Type: RESOLUTION W/$ TRANSAC E-DOCUment Requiretl: Y 30-APR-07 � Assign Number For Rou[ing Order Document Contac[: Amy Brown Contact Phone: 266-5507 Total # of Signature Pages (Clip All Lxations for Signature) Green Sheet NO: 3039214 0 +Pdice Deaar(ment I Pdice Denarhnent 1 �dice Department I Pdice Deoarbnent : 2 Fivancial Services Dimctor, Finaucial Servid 3 'ry Attorney 1 Ctitv Aaorney i �„i 4 J4IayoPS Office 1 Mavor i 5 ounc� Citv Council i 6 ,C7'ty Clerk C5ty Clerk 7 dice De arhnent Police De az�ent Signatures on the attached coun.cil resolulion authorizing a 2007 fmancing and spending plan for ageement #02-14235-G between the City of Saint Paul, Police Department, and the State of Minnesota, Public Safery. �aaaons: Hpprove �v.> or n Planning Commission CtB Committee Civil Service Commission 1. Has this persoNfirtn ever worked under a contract for this department� Yes No 2. Has this persoNfirm ever been a city employee� Yes No , 3. Does ihis person/firm possess a skill not normally possessed by any current city employee� Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The city council authorized the City of Saint Paul, Police Department, to enter info agreement #02-14235-G on February 14, 2007 council file #07-131 (see attached). A 2007 financing and spending plan needs to be established for the grant received through this agreement (see attached). Advantages If Approved: Appropriate 2007 fmancing and spending plan for [he grant received through the State of Minnesota to support an intelligence anatyst position at the Information Sharing and Malysis Center (ISAC). Disativantages If Approved: None. Disadvantages If Not Approved: Inabiliry to use grant funds available to support an intelligence analyst position at the ISAC. Transaction: $�5,000 Funding souree: gtate of Minnesota Financial Information: (Explain) CostlRevenue Budgetetl: Activity Number: 34205 ��� ,. ;; s ��fl7 ��� li ����6'�! �OU71Gl0 ��$����� � 1�AY 4 7 20Qt April 30, 2007 10:30 AM Page t Council Fffe # d�� Presented By: Referred To: Committee:Date: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota Depariment of Public Safety for the 2006 Homeland Security Grant Program; and WHEREAS, this grant grovides funding to support an intelligence analyst position at the Information Sharing and Analysis Center (ISAC); and TFIEREFORE BE IT RESOLVED; that the Saint Paul City Council authorizes the City of 5aint Pau1 to enter into, and Cluef 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. ., . 28 29 30 , Yeas Bostrom Harris Helgen 7hune Adopted by CouncIl: Date: Adoption Certified by �ouncfl Secretary: BY� .��i�iJ�i�.�i� Approved by ny : D� �� B RESOLUTION o�,��rT rAUL,, NmvrrESOTA Green Sheet # D�S 3035432 �� Requested by Department of: Q:\FiscaMO&CR�200612006Hom eiandSecGmtProg.xis Approve�y for Submissio o Cauncil: By: �--�-� ��3� HSEM Grant # 2006-HSG�00615 STATE OF MINNESOTA GRAN'P CONTRACT �� � `I "/ l This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv, Division of Homeland Securitv and Emereencv Manaeement 444 Cedar Street Suite 223. St. PauL Minnesota 55101-6223 ("State") and Citv of St Paul. 367 Grove S1reet St PauL Minnesota 55106 ("Grantee"). Recitals 1 Under Minn. Stat_ § 1222 and 249A.01 Subd 2(4) the State is empowered to allocate and disburse federal funds made available through the Department of Homeland Security and is empowered to enter into this grant contract. 2 The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the 2006 Homeland Security Grant Progam, Awazd Number 2006-GE-T6-0005, for planning, organizarion, equipment, training, exercises, and management and administration 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 agrees to perform all services described in this grant contract to the satisfacrion of the State. 1 Term of Grant Contract Grant Contract L 1 Effective date: Seotember 1, 2006, or the date the State obtains all required signafures 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 grant contract. Reimbursements will only be made for those expenditures made according to the tetms of this grant contract. 1.2 Expiration date: June 30, 2008, or until all obligarions have been satisfactorily fulfilled, whichever occurs fust. 13 Survival of Termr. 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, 3urisdicrion, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Perfarm the work in the Grantee's 2006 Homeland Security Grant Program Application, Attachment A, which is attached and incorporated into this grant contract. Approved equipment, exercise, training, planning, organizarional, and/or management and administration costs idenrified in Attachment A were approved from the 20d6 Homeland Security Grant Program Guidelines incorporated into this grant coniract by reference. 2.2 Comply with the standazds and requirements attached and incorporated into this grant contract. These addirional standazds and requirements aze the following: a Federal Audit Requirements, labeled Attachment B, which is attached and incoxporated into this grant contract. 6. Federal Assurances, labeled Attachment C, which is attached and incorporated into this grant contract. c. Grantees receiving $100,000.00 or more must complete and retum the Certification Regarding Lobbying form, labeled Attachment D, which is attached and incorporated into this grant contract. 2.3 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 Grantee may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federaI funds. 2.4 Provide all necessary training to their employees conceming the use of equipment purchased tluough this grant conh�act, and shall not permit the equipment to be tampered with or operated by individuals who aze not ptoperly 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 �ant contract is the property of the Grantee. 2.6 When practicable, any equipment pwchased with grant funding shall be prominently mazked as follows: "Purehased with funds provided by the U.S. Deparhnent o£Homeland Security". 2.7 Comply with all program guidelines specified�in the 2Q06 Homeland Security Cnant Program C,uidelines, specifically, the Grantee is requued to develop, implement, and adopt National Incident Management System 2006Homeland Security Grant Pro�am (I I/06) b'l ���� HSEM Grant # 2006-HSGP-00615 (NIMS), and Homeland 5ecurity Presidenrial Direcrive (HSPD) that is comprised of 8 iniriarives in their jurisdicrion and the Grantee is required to document and submit documentation to the State to support proof of compliance. 3 Time The Grantee must comply with all the rime requirements described in this gant conlract. In the performance of this grant conh�act, time is of the essence. A Considerafion and Payment 4.1 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 Gzantee will submit a written change request foi any substitution of budget items or deviation of more than 15% from the approved budget category amounts in Attachment A. Change requests for substitufions of budget items, or a deviation of more than 15% from the approved budget category amount must be given in writing to the State's Authorized Representative and at least 60 days prior to the Expirafion date of this grant contract. Grantees whose requests have been approved will be norified in writing by the State's Authorized Representative to the Grantee's Authorized Representative. Requests must be approved prior to any expenditure by the Grantee. (2) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: 0.00. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to Che Grantee under this grant contract 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 ReportlPayment Request for the services actuaily performed and the State's Authoxized Representative accepts the invoiced services. Financial Status Report/Payment Request must be submitted timely and according to the following schednle: Grantee will submit the Financial Status Report/Payment Request along with copies of the Grantee's itemized invoices for actual costs incurred quarter3y, but not more often than monthly, and within 3� days Qf the period covered by the Financial Status Report/Payment Request. Expenditures for each state fiscal year (July through June) of this grant contract must be for services satisfactorily performed within applicable state fiscal yeazs. The final Financial Status Report/Payment Request pertaining to each state fiscal yeaz of this grant contract must be received by 7uly 31 of that calendaz yeat. Reimbursements from the next fiscal yeat(s) may commence on or after 7uly I 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 performance report shall consist of a compazison of actual accomplishments to the approved work pIan in Attachment A. These reports must be submitted before reimbursement will 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 DAS A�urovriafions act of 2006 (P.L. 109-401 The Czrantee is responsible for compliance with all federal requirements imposed on these funds and accepts full fmancial resgonsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 2006 Homeland Security Grant Pro�am (11/06) V� � "1 'l'�J� HSEM Grant � 2006-HSGP-00615 5 Conditions of Payment All seivices provided by the Crrantee 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 a11 applicable federal, state, and local laws, ordinances, rules, and regularions. The Crrantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or locat law. Anthorized Representative The State's Authorized Representalive is Sharon Olson. Grant Specialist Division of Homeland Securitv and Emer¢encv M anaEement 444 Cedar StreeL Suite 223_ St. PauL MI3 55101-6223_ phone (65 11 201-7422. e-mail: Sharon.l.olson(cr�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 aze sarisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Amv Brown Research & Grants Mana2er. St Paul Police Department 367 Grove Street St Paul Minnesota 55101 phone (6511 266-5507. e-mail: amv.brown(c�ci.stpaul.mn.us. If the Grantee's Authorized Representative changes at any time during this grant contcact, the Csrantee must unmediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.lAssignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fuliy executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or the"u successors in office. . 7.lAmendmenls. 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. 7.2YYaiver. Tf 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 Complefe. This grant contract contains all negotiations and agreements beriveen 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 acrion, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be consirued to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. State Audits Under Minn. Stat. § 16CA5, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract aze subject to examination by the State and(or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six 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 ptovided by the State under tfiis grant contract, and as it applies to all data created, coilected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies o£ Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions conceming the release of the data to the requesting party before the data is released. 2006 I-Iomeland Security Grant Pro�am (11/06) ��/���/ HSLM Grant # 2006-HSGP-00615 Il R'orkers' Compensarion The Grantee certifies that at is in compliance wiYh Mintt. Stat. § 176.181, subd. 2, pertaiuing to workezs' compensafion insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workets' Compensation Act on behalf of these employees and any claims 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 obligation or responsibilify. 12 Publicity and Eudorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and the Aepartoaent of Homeland Security as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representarive. All publications created with funding under this gant contract shall prominently contain the following statement: "This document was prepazed under a grant from the Office of State and Local Government Coordination and Preparedness (SLGCP), U.S. Department of Homeland SecuriTy. Points of view or opinions eapressed in this document aze those of the authors and do not necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeiand Security:' For purposes of this provision, publicity includes notices, informational paznphlets, press releases, research, reports, signs, and similaz public notices prepared by or for the Grantee iadividually or jointly with others, or any subcontractors, with respect to the progam, pubIications, or services provided resulting from this grant contract. Recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and irtevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: (1) the copyright in any work developed undex an awazd or sub-awazd; and (2) any rights of copyzight to which a zecipient or subrecipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regazding the allocation of any patent rights that azise from, or are puichased with, this funding. 12.2 Endorseireent. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant 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 this b ant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Terminafion for Insufficient 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 leve] su�cient to allow for the payment of the services covered hexe. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that aze provided aftet notice and effective date of termination. However, the Grantee will be entifled 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 Legisiature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasoaable time of the State receiving that notice. 143 Termination for Failure to Comply. The State may cancel this grant contract unmediately if the State finds that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been made or that the purpose for which the funds were gcanted have not been or will not be fulfilled. The State may take action to pzotect the interests of ihe State of Minnesota, including the refusal to disburse additional funds and requiring the retum of all or part of the funds already disborsed. 2006 Homeland Security Grant Progam (11/06) b�?���� HSEM Grent # 2006-HSGP-00615 15 Data Disclosure Under Minn. Stat § 270C.65, and other applicable law, The Grantee consents to disclosure of its social security number, federal employer taY identificafion number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state pe�onnel involved in the payment of staYe obligations. These identificalion numbers may be used in the enforcement of federal and state tas laws which could result in action requiring the Cttantee to file state tas returns and pay delinquent state tas liabilities, if any, or pay otUer state liabilities. 1_ ENCUMBRANCE VERIFiCATION - ,�rv;�„� ���es � � ��� f `l E D reguired by Mmz S7at � 1 0. s,�ea: MAR 1 2 2007 ) . � i • � • GrantContractNo.2006-HSGP-006 2. GRANTEE The G�antee cert�es lhat the appropriate person(s) have execute t e gr¢nf contract on b Ijof She rantee as requrred by lica e ar �cles, s, ruo7u[i s, or ordi�ces. By: � J,p Ttue: �' L.� t� — d_ (r �� Date: � � /�.��J_[_ � �! rL./ L Title: Cit'g�Attorney Date: � � " � � � c By: Title: Director, Financial Servicesr"}M / ,� LT-o Date: �-- Q By: � 3. s Ti D By: Title: Director, Humat�nRights Date: �^2, ��" 1 � Distribution: DPS/FAS Grantee State'5 Authoriz� Represenhtive Title: Mayor �Date: �'�7j _—�— 26fl6 Homeiand Security Grant Program (11f06) ��' t '� �'� ATfACHMENT A t�omeland Securiiy Grant Program FY2006 G�d17f2B: St Paul Police Department / GrantNumber: ��67'��G� 6���J . Application Overview Major Objectives Please explain how the resources requested in this application witl enhance your jurisdiction's abitity to prevent a terrorist act and be prepared to demonsfrate how homeland security will be improved. Also, please indicafe how the specific items requested support and are consistent with the overalt State Homeland Security Stra#egy. These funds will be used to support an inteililgence analysf position at the Information Sharing and Analysis Center (ISAC). This grant wili allow our agency to: i) more fufly cooperate with the homeland security intelligence efforts of the other leading regional and state agencies; 2) develop and mantain information and inteiligence that could preempt possible terroist attacks; and 3) esfablish and maintain a no6fication system for sharing of vital homeland security information with law enforcement agencies, first responders, government managers, and privafe partners. These resources support the overall state homela�d security strategy, specifically goal 6: Page A-1 07'��i� a � z w � � U Q E- � Q m 0 0 N } � � R 737 O L a Y � �' / L� V a Y �L � v m � � c R m � O 2 C N � � U O a � ai d .., C m L C9 � � � � Z C � L � Y N d t N Y O � Y m � � � � N m N d a x � L m s O '� m Y � � Q m w R Q U Q z � `m c m U N N 'J+ t6 G Q G O � N O N m G C � N � R z w � � � W N d ? C Page A-2 D����� m D �-t m g c� a � O Q p� � � N 6 � 3 N (n t> .�-. O. p� � 9) � O � � m � _ � � � O � v � � o � � O N � � N O � _ m — O � � �a n o 3 O � O � o ° ^. n < o N � . � v � � - a v 0 � � � 0 � v 0 � � m � m n � � v � N v a � v � � � a C � N 0 _ � � � � � � � � � � � � � � � 0 0 0 0 � � o 0 0 0 � 0 0 0 0 0 � 0 0 0 0 0 � O O O O O N dYS OEp� �' ym w � ° od Z � 0� m N �7 9 � � � 91 O � � � � m � N � O 3 �o � ` (� 7 � rt � _ 0 � to m � n � m � � � v 7 Z C � s m � � N 7 N � I � � m � z � V/ � n C � ---I -� � z 0 rn � m � � m � -� � � z D G� m � m z � m � n 0 m m I� �� � � v c � z � � � � � v c � O O m fl m � v � � � � ,: ; `� � Page A-3 V t /��� Attachment B FEDERAL AUDTT REQ€JIREMENTS 1. For subrecipients that are state or local eovemments non-profit oreanizations. or Indian hibes If the grantee 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 yeaz in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless ths state or local govemment has, by January 1, 1987, a consritutional or statutory requirement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor zequests for biennial audits by govemments that have an adminishafive policy calling for audits less frequent thaxt annual, but only audits prior to 1987 or administrarive policies in place prior to January 1, 1987. For subrecinients that aze institutions of higher education or hospitals If the grantee expends total d'uect and indixect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Cuculaz A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accoxdance 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 O�ce's "Standazds for Audit of Govemmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circulaz A-133 (or A-ll 0 as applicable). The reporting requirements for audit reports shall be in accordance with the American Tnstitute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local GovemmentalUnits," 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 tepozt, including a plan for corrective action taken or planned and comments on the status of corrective action faken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor desi�ated by the grantor shall have such access to grantee's records and fmancial statements as may be necessary for the gantor to comply with the Single Audit Act Amendments of 1996 and OMB Circulaz A-133. Grantees of federal financial assistance from subrecipients are also required to comply with ihe Single Audit Act and OMB Circulaz A-133. 2006 Homeland Security Grant Progam (] I/06) B'1 V l �"I �� I:��ri � 7 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentarion to support the schedule of federal assistance for at least four ye9rs. 8. Reauired audit reports must be filed with the State Auditor's Office. Sin¢le Andit Division, and with federal and stafe aeencies nrovidinE federal assistance, and the Aepartment of Pnblic Safetv within nine months of the grantee'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 cenlral clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East l Oth Street Jeffersonville, Indiana 47132 Attn: S3ngle Audit Cleazinghouse The Department of Public Safety's audit report should be addressed to: Minnesota DepartmenY of Public Safety Office ofFiscal and Administrative Services 444 Cedaz Street Suite 126, Town Squaze St. Paul, MN 55101-5126 2006 Aomeland Security Grant Program (11l06) B-2 ��-��� Attaclunent C STANAARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulaTions, policies, guidelines, and requirements, includ3ng 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 (administrarive requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient fo pay any required non-federal shaze of project cost} to ensure proper planning, management, and completion ofthe project described in this applicarion. 2. It will establish safeguazds to prohibit employees from using their positions for a purpose that constitutes or presents the appearance 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 all lawful requirements imposed by the awarding agency, specificaily including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63. 5. Tt will assist the awazding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation 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 National 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.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Jusrice and Delinquency Prevention 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 tT.S.C. § J2131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations}. 7. If a governmental entity: a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govem the treahnent of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain polifical activities of State or local govemment employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. CERTIFICATIONS REGARDING LOBBYIIVG; DEBARMENT, SUSPENSIONAND OTHER RESPONSIBILITYMATTERS; AND DRUG-FREE WORKPLACEREQUIREMENTS Applicants should refer to the regulations cited below to detertnine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance wiffi certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government- 2006 Homeland Security Grant Program {1 I/06) C-I U���I Z/ �� 1 Attachment C wide Debarment and Suspension (Nonprocurement) and Govemment-wide Requirements for Dmg- Free Workplace (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 awazd the covered transaction, grant, or cooperative agreement 1. LOBBYlI`TG As required by Section li52, Tifle 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative ageement 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 lnfluencing 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 making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) 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 grant or cooperarive agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities;' in accordance with its instructions; (c) The undersigned shall require that the language of this certificarion be included in the awazd documents for all subawards at al] tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIItECT RECII'IENT) A5 requited by Executive Order 12549, Debazment and Suspension, and implemented at 23 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntazily excluded from covered ttansactions by any Federal department or agency; (b) Have not within a three-yeaz 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 local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federai, State, or local} with commission of any of the offenses enumerated in pazagraph (1)(b) of this certification; and (d) Have not within a three-yeaz period preceding this application had one or more public transactions (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. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN TNDIVIDUALS) 2006 Homeland Security Grant Program (I 1/06) C-2 o'� -��� Attachment C As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for gantees, as defined at 28 CFR Part 67 Secrions 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, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the acfions that will be taken against employees for violafion of such prohibirion; (b) Establishing an on-going drug-free awareness program 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 violations 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) Nofifying the employee in the statement required by pazagraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal dmg statute occurring in the workplace no later than five calendaz days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N. W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; ( fl Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), wittt 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 amended; or (2) Requuing such employee to participate satisfactorily in a drug abuse assistance or rehabilitafion 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-&ee workplace through implementation of paragaphs (a), (b), (c), (d), (e), and (fl. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 2006 Homeland Security Grant Progcam (11l06) C-3 V� / �"/"l Attachment D CERTIFICATION REGARDING LOBBYING For State of Minnesota ConVzcts and Grants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief fhat: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any peison 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 Congzess 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, loan, or cooperarive 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 instructions. (3) The undersigned shall require that the language ofthis certification be included in the awazd documents for all subawards at all tiers (including subcontracts, subgrants, and conisacts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representarion 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 of not less than $10,000 and not more than $100,000 for each such failure. Organization Name Name and Title of Official Signing for Organizarion � Date Signature of Official 2006 Homeland Security Grant Progam (i I/06) A-1 �� �"J'J Matt GS # 3039214 This Administrative Order will allow the department to accept a$75,000 grant and establish a financing and spending plan. This b ant will provide funding for an intelligence analyst position at the Information and Sharing Analysis Center (ISAC). The City Council approved entering into the grant agreement on February 14`". This order seems reasonable and I recommend signing. Chris 5/2/07