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07-488Council File # RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By: Green Sheet # 0 7- �k'� 3039633 � 4 WI�EREAS, this grant provides funding for equipment and training for Bomb Technicians; and 5 6 THEREFORE BE IT RESOVLED, that the Saint Paul City Council authorizes the City of Saint Paul to 7 enter into, and Chief John Harrington to implement the attached grant agreement, which includes an 8 indemnification clause. A copy of said agreement is to be kept on file and on record ih the OfFce of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Financial Services. 27 28 29 30 Yeas Requested by Deparhnent of: Absent � For Adopted by Council: Date: ��� / � Adopfion CertiFe by Co�° ci�l Secretary: BY� /i��✓ /�� �c�� Approved � By: Date: (p/�IY�U� Approv by M yor or Submission to Council: B G Q:\Fiscal W O&CR\6FlBT+APoBZ15 a�v�r��i�,�Se ��5a�o , c� 1 WHEREAS, the City of Saint Paul, Police Department, wishes to enter into a grant from the Minnesota 2 Department of Public Safety for 2006 Homeland Security Grant Program; and � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � , 07- y�'� PD - PoliceDepartmatt CoMact Person & Phone: Chief John Harrington 266-5588 Doe. Type: RESOLUTION ,4�Y-0� i Green Sheet NO: 3039633 � Assign Number For Rou[ing Order E-DOeument Required: Y � � Document Contact: Amy Brown � � Contact Phone: 266-5�507 7otal # of Signatare Pages T (Clio All Locations for Sianature) 0 1 2 3 4 5 6 '�PoliceDeparlment PdiceDepar�eln �� diceDenazlment ; PdiceDepar�ent j 'ty Aaornev City Auorney • avor's O�ce MaSOr ! Goanal Ca�ucB ity Clerk City Clerk �Pdice Depar�ent ! Pdice Depar�ent I Signalures on the attached council resolution authorizing the Ciry of Saint Paul, Police Depar[ment, to enter into the attached grant agreement with the State of Minnesota Public Safety. iaauons: npprove (a) or H Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirtn ever worked under a contract for this department? Yes No 2. Has Mis persoNfirtn ever been a city employee? Yes No 3. Dces this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet � � Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): ,, i The City of Saint Paul, Police Depar[ment, has received a 2006 Homeland Secutiry Grant Program, authorization is needed to enter . I into The grant agceement. i Advantages If Approved: The 2006 Homeland Security Grant Progam provides funding for equipment and training for Bomb Technicians that will enable them �, to prevent, protecf agains[, respond to, and recover from terroist attacks. Disativantages If Approved: None. Disadvantages If Not Approved: Lost opporiunity to use grant funds. RECENED MAY 2 2 Z007 Transaction: ��5,000 Funding Source: $f2i2 Of MInn250f8 Finaneial Information: (Explain) Activity Number: trS'iaA'�?'^' �r1eK�x? lr�+Y$� ���'��20II7 Cost/Revenue Budgeted: May 14, 2007 9:53 AM Page 1 o�- y�� HSEM Grent # 2007-HSGP-00503 g STATE OF NIINNESOTA GRAN1'CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. Division of Homeland Securitv and Emereencv M anaeement 444 Cedaz S�eet Suite 223. St Paul. Minnesota 55101-6223 ("State") and Citv of St PauL 367 Crrove Street St Paul. Minnesota 55106 ("Grantee")_ Recitals 1 Under Minn. Stat § 12.22 and 299AA1 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 distriburion of federal funds to eligible grant recipients pertaining to the 2006 Homeland Security Grant Program, Awazd Number 2006-GE-T6-0005, for planning, organization, 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 conhact to the satisfaction ofthe State. Grant Contract 1 Term of Grant Contract 1.1 Effecrive date: �tember 1, 2006, or the date the State obtains all required signatures under Minnesota Statutes Secrion 16C.05, subdivision 2, whichever is later. Once this grant contract is fuliy execated, Yhe Grantee may claim reimbursement for expenditures incurred pursuant to Clause 42 of this gant contract. Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 12 Expiration date: June 30. 2008, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Ternrs. The following clauses survive the expirarion or cancellarion of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices: 12. PubliciTy and Endorsement; 13. Governing Law, Jurisdicrion, and Venue; and 15. Data Disclosure. 2 Grantee's Dufies The Grantee, who is not a state employee, will: 2.1 Perform 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 identified in Attachment A were approved from the 2006 Homeland SecuriTy Grant Progra.m Guidelines incorporated into this grant contract by reference. 2.2 Comply with the standazds and requirements attached and incorporated into this grant contract. These addifional 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 incorporated 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 gant 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 Grantee may be required to supply documentation certifying that a reducrion in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 2.4 Provide all necessary training to their employees conceming the use of equipment purchased ttuough 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 beaz all costs of maintenance, repair and/or repiacement related ta equipment. Equipment purchased through this grant contract is the proper[y of the Grantee. 2.6 When practicable, any equipment purchased with grant funding shall be prominently mazked as follows: "Purchased with funds provided by the U.S. Deparhnent of Homeland Security". 2.7 Comply with all program guidelines specifted in the 2006 Homeland Security Grant Program Guidelines, specifically, the Grantee is required to develop, implement, and adopt National Incident Management System 2006 Homeland Security Grant Progam (11/06) c�- ��� HSEM Grant # 2007-HSGP-00503 (NIIvIS), and Homeland Security Presidential Direcrive (HSPD) that is comprised of 8 initiarives in their jurisdiction 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 time requirements described in this grant conlract In the performance of this grant coniract, time is of the essence. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Crrantee under this gant contract as follows: (1) Compensatiom 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 subsriturion of budget items or deviation of more than 15% from the approved budget category amounts in Attachment A. Change requests for subsritutions of budget items, or a deviation of more than 15% from the approved budget category amount must be given in writing to the State's Authorized Representative and at least 60 days prior to the Expiration date of this grant contract. Grantees whose requests have been approved wili be notified in writing by the State's Authorized Representafive to the Grantee's Authorized Representative. Requests must be approved prior to any expenditure by the Grantee. (2) Matching Xequirements. (If Applicabie.) Grantee certifies that the following matching requirement, for the grant conlract, will be met by the Grantee: 0.00. (3) Tntal Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $75.000.00. 42 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents a Financial Status Report/Payment Request for the seroices actually perFormed and the State's Authorized Representative accepts the invoiced services. Financial Status Report/Payment Request must be submitted timely and according to the following schedule: Cnantee will submit the Financial Status ReportlPayment 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 Report/Payment Request. Expenditures for each state fiscal yeaz (July through June) of this grant conh�act 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 grant 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 calendaz 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 plan 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 DHS Approoriations act of 2006 (P.L. 109-901 The Cnantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements nnposed by the Grantee's failure to comply with fedecal requirements. 2006 Aomeland Security Grant Progam (11/06) V r / ! JU HSEM Grant # 2007-HSGP-00503 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfacrion, 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 Crrantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Anthorized Representative The State's Authorized Representative is Shazon Olso� Grant Specialist Division of Homeland Securiri and Emer e�ncy_ManaEement 444 Cedar Slreet Suite 223 St Paul MN 55101-6223. ohone (6511201-7422. e-mail: sharon.l.olson(c�state.mn.us, or his/her successor, and has the responsibility to monitor the Cnantee's performance and the authority to accept the services provided under this grant contract If the services are satisfactory, tfie State's Authorized Representative will certify acceptance on each invoice submitted for payment The Grantee's Authorized Representarive is Lawrence Roeers Ser¢eant St Paul Bomb Disposal Unit 367 Grove Street St Paul Minnesota 55038 phone (6511 266-5768, e-mail: larrv.roeers(a�cisfiaul.mn.us. If the Cnantee's Authorized Representarive changes at any time during this grant contract, the Grantee must unmediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligarions under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in wrifing and will not be effective unril it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Comp[ete This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. Liability The Grantee 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, azising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be consirued to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract aze subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six yeazs from the end of this grant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this gant 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 refesed 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 parry before the data is released. 2006 Homeland Security Grant Program (11/06) 0�-��8 ASEM Grant # 2007-HSGP-00503 11 Workers' Compensafion The Crrantee cerlifies that it is in compliance with Minn. Stat § 176.181, subd. 2, pertaining to workers' compensation instuance coverage. The Grantee's employees and agenfs will not be considered State empioyees. Any claims that may arise under the Minnesota Workers' 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 responsibility. 12 Pnblicity and Endorsement 12.1 PubZicity. Any publicity regazding the subject matter of this gant contract must idenrify the State and the Deparhnent of Homeland Security as the sponsoring agency and must not be released without prioz written approval from the State's Authorized Representative. All publicarions created with funding under tfiis grant contract shall prominently contain i�e following statement: "This document was prepazed under a grant from the Office of State and Local Government Coordinarion and Prepazedness (SLGCP), U.S. Deparfinent of Homeland Security. Points of view or opinions expressed in this document aze those of the authors and do not necessarily represent the official posirion 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 prepazed by or for the Grantee individually or joinfly with others, or any subcon�actors, with respect to the program, publications, or seroices provided resulting &om this grant contract Recipient acknowledges that SLGCP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: (1) the copyright in any work developed under an awazd or sub-award; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regazding the allocation of any patent rights that arise from, or aze purchased with, this funding. 12.2 Endorsement. The Cnantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdicfion, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this grant coniract. 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 Statz The State may cancel this grant contract at any fime, with or without cause, upon 30 days' written notice to the Grazitee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination 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 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 aie provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are availabie. The State will not be assessed any penalty if the grant conlract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 143 Termination for Faiture to Cnmply. 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 progress has not been made or that the purpose for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 2006 Homeland Security Grant Program (I 1/06) o���f�� HSEM Grnnt # 2007-HSGP-00503 15 Data Disclosure Under Minn. Stat § 270C.65, and other applicable law, the Crrantee consents to disclosure of its social security number, federal employer taz idenlificarion number, and/or Minnesota taY identificarion number, already provided to the State, to federal and state tax agencies and staTe personnel involved in the payment of state obligarions. T'hese identification numbers may be used in the enforcement of federal and state tas laws which couid result in acrion requiring the Grantee to file state ta.x retums and pay delinquent state taz liabilities, if any, or pay other state liabiliries. 1. ENCLiMBRANCE VF.RIFICATION Individval cer(ifres that fw�dr 1+ave been encumbned ¢r requ"ned by M"vm SYat §§ 16A.75 mld I6C.05. Signed: DaTe: Grant ConRact No. 2007-HSGP-00503 / 2000-11647 2. GRANTEE The Grme[ee cerf�es lhat ihe appropriate person(sJ have ececuted ihe grmrt contract on behaTjof ihe Grmitee ¢s required by applicable articles, 6 7 so(utions, or ordinances. B y - Title: �C� � ° �' � 1 Date: j ___ � By: _ Title: Date: U '. ��� �1.�7�A� � t r°�£ � lMal�, ° 3. STAT'E AGENCY By: (with delegaTed auThority) Tifle: Daze: 2006 Homeland Security Grant Program (1 I/06) Distribution: DPS/FAS Grantee Shte's Authorized Representahve ���-�� ATTACHIiAENT A Homeland Security Grent Program FY2006 G��t� St Paul Bomb Dispasal Unit GrantNumber. a Appiication Overview Major Objectives Please explain how the resources requested in this application wiil enhance your jurisdiction's ability to prevent a terrorist act and be prepared to demonstrate how homeland security will be improved. Also, please indicate how the specific items requested support and are consistent with the overali State Homeland Security Strategy. AII equipment items are tools which enabie the trained Bomb Technicians to prevent, mitigate,or investigate ads of terrorism. The training and planning wiil enable technicians to maintain proficiency and ability to respond staEewide to CBRNE incidents. All resources requested support Goal #5 Objective C 1 of the State Homeland Security Strategy. Page A-1 b����g� a � z w � _ U Q H F- Q d d L Y O � C d � LL .� � W 0. 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AUDTT REQUIREMENTS For subrecipients that aze staie or local eovemments non-profit oreanizations or Indian tribes If the gantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain either a single audit or a progam-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 the state or local government has, by 7anuary 1, 1987, a consritufional or statutory requirement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits, covering both years, if the govemment so requests. It shall also honor requests for biennial audits by govemments that have an administrarive policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to 7anuary 1, 1987. For subreciQients that aze ittstitutions of hieher educarion or hospitals If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circulaz A-I 10 "Requirements for Grants and A�eements with Universiries, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organizafion 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 standards specified in the General Accounting Office's "Standazds for Audit of Governmental Organizarions, Programs, Activities, and Funcrions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circulaz A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American 7nstitute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Govemmental 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 p]an for corrective action taken or planned and comments on the status of correcrive action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislarive Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to g antee's records and fmancial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circulaz A-133. 5. Grantees of federal financial assistance from subrecipients aze also required to comply with the Single Audit Act and OMB Circulaz A-133. 2006 Homeland Security Grant Pxogram (11/06) B-1 1/ , / f �V �11?3C}IIIIBIIL $ 6. The Statement of Expenditures form can be used for the schedule of federal assistance. The gantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Reanired andit reports must be filed with the Stafe Auditor's Off"ice, Sin21e Audit Division, and with federal and state aeencies providin� federal assistance and the Deaartment of Pnblic Safetv within nine months of the ¢rantee'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 central clearing�ouse at the following address: Bureau of the Census Data Prepararion Division 1201 East l Oth Street Jeffersonville, Indiana 47132 At1n: Single Audit Clearinghouse The Depaztment of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Squaze Sf. Paul, MN 55101-5126 2006 Homeland Security Grant Program (11/06) B-2 �`��� acr��hm�nc c STANDARD ASSURANCES The Appficant hereby assures and certifres compliance with all applicable Federal statuTes, regulations, policies, guidelines, and requirements, 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 (a ;n;ctrar;ve requirements for grants and cooperaTive agreements). The applicanY also specificallg assures and certifies that: 1. It has the lenal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal shaze of project cost) to ensure proper planning, management, and complefion of the 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 representarive, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with ali lawful requirements imposed by the awazding agency, specifically including any applicable regularions, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63. 5. It will assist the awarding agency (if necessazy) in assuring compliance with section 106 of the Narional Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservarion Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the Narional Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require aciy subgantees or conhactors 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 7usfice 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 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 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and commnnity organizations). 7. If a govemmental 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 treatment 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 political activifies 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 LOBBYING; DEBARMENT, SUSPENSIONAND OTHE'R RESPONSIBILITYMATTERS; AND DRUG-FREE WOR%PLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certifica6on to which they aze required to attest. Applicants should also review the insiructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Govemment- 2006 Homeland Security Grant Progam (11/06) C-1 ��-��� a��t,��t c wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug- Free Workplace (Grants) " The certifications shalT be treated as a material representation of fact upon which reliance will be placed when the Department of 7ustice determines to award the covered hansaction, grant, or cooperative agreement I. LOBBI'IIJG As required by Secfion 1352, 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 wiIl be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuarion, renewal, amendment, or modificarion of any Federal gant or cooperative agreement; (b) If any funds other than Fedetal 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 Membet of Congess in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instrucrions; (c) The undersigned shall require that the language of this certification be included in the awazd documents for all subawards at all tiers (inciuding 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 (DIIZECT RECIPIENT) As required by Execufive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transacfions, 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 deniat of Federal benefits by a State or Federal court, or voluntazily excluded from covered transactions by any Bederal department or agency; (b) Have not within a three-yeaz period preceding this application been convicted of or had a civiI judgment rendered against them for commission of fraud or a criminal offense in connecrion 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 desiruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise 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 certificarion; and (d) Have not within a three-year period preceding this application had one or more public transacrions (Federal, State, or local) terminated for cause or defaulf; 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 INDIVIDUALS) 2006 Homeland Seeurity Grant Pro�am (11/06) C-2 ��-�g� Attachment C As required 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 Secrions 67.615 and 67.620 A. The applicant certifies that it will or wiIl continue to provide a drug-free workplace by: (a) Publishing a statement notifying empioyees thaY the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the �antee's workplace and specifying the acrions that will be taken against employees for violation of such prohibirion; (b) Establishing an on-going drug-free awazeness program to inform emploqees 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, rehabilitarion, and employee assistance programs; and (4) The penakies 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 gant be given a copy of the statement required by pazagraph (a); (d) Notifying the employee in the statement required by pazagraph (a) that, as a condition of employtnent under the grant, tkte employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violarion of a criminal drug statute occurring in the workplace no later than five calendar days after such convicrion; (e) Notifying the agency, in writing, within 10 calendaz days after receiving notice under subpara9raph (d){2) from an employee or othercvise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position titie, to: Department of Justice, Office of Jusfice Progams, 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 calendaz 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 Rehabilitarion Act of 1973, as amended; 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 conrinue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (�. As the duly aufhorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 2006 Homeland Security Grant Program (11/06) C3 � ! f I � V V Atrachment D CERTIFICATION REGARDING LOBBYING For StaYe of Minnesota Conh and Grants over $100,000 The undersigned certifies, to the best of his or her Imowledge and belief that: (1) No Federal appropriaied funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congess in connecrion with the awarding 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, continuarion, renewal, amendment, or modification of any Federal contract, gant, loan, or cooperaYive 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 conh�act, gant, loan, or cooperafive agreement, the undersigied shall complete and submit Standazd Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned shall require that the language of this certificarion be included in the award documents for all subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certificafion 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 Organization By: Signature of Official Date 2006 Homeland Security Grant Program (11/06) D-1