Loading...
07-588council File # Green Sheet # RESOLUTION OF�S�IINT PAUL, NIINNESOTA Presented By: Referred To: Requested by Department of: �7 58� 3040350 � 1 WAEREAS, the City of Saint Paul, Police Deparhnent, wishes to enter into the attached amendment 2 to agreement #02-13777-G from the Minnesota Department oF Public Safety for the 2005 Buffer 3 Zone Protection Grant Program; and 4 5 WI�REAS, this grant provides funding for equipment to enhance security at crirical infrastructure 6 sites in the City of Saint Paul; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter into, and Chief John Harrington to implement the attached amendment to grant agreement #02-13777-G which includes an indemni�cation clause. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. 28 29 30 Absent Police B Adopted by Council: Date: Adoption Ce by BY� _ ! ✓ //iD/a_ Approved � �/%jb� Committee:Date: Fo�Approv CityAttorney: B Approve or for Submission to Council: By: Q:\FiscaMO&CR�200T2005BufferZoneProam endno2.zls � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �7 58�' , Departrnent/officdcouneil: i PD — PoticeDeparunenr 37-MAY-07 Green Sheet NO: 3040350 Contaet Person & Phone: ( ChiefJohnHarrington 266-5588 i Mus[ Be on Couneil Aaen DoG. RESOLUTION E-Document Required: Y DocumeM Contact: Amy Brown Contact Phone: 2665507 Total # of Signature Pages ■�► Assign Numbe� For Rou[ing Order Lxations for Signature) 0 � diceDeparhuent PdiceDeparhneat 1 Potice Deparlment I Police Deperhneut _.. / 2 ' Attorne Ci AtWme V 3 flYlavor's O�ce Mavor I 4 cil Conncil 5 its Clerk City Cierk I 6 dice Deparlment i Pdice Devumient i Signatures on the attached council resolution authorizing ihe Ciry of Saint Paul, Police Department, to enter into the attached amendment to ageement #02-13777-G with the Minnesota Departrnent of Public Safety, iaanons: appmve (A) or R Planning Commission C16 Committee Civil Service Commission 7. Has this persoNfirtn ever worked under a contract for this departmenY? Yes No 2. Mas this persoMflrm ever been a aty employee? Yes No 3. Dces this personRirm possess a skill not nortnally possessed by any Current city employee? Yes No Explaln all yes answers on separate sheet and attaeh to green sheet Initiating Problem, lssues, OpportunRy (Who, What, When, Where, Why): The Ciry oF Saint Paul, Police Deparknent, has received a 2005 Buffer Zone ProtecUOn Grant amendment for Ume and funds. Authoxization is needed to enter into the attached amendment to agreement #02-1 3777-G. Ativantages If Approvetl: The 2005 Buffer Zone Protection Grant provides funding for equipment to enhance security a[ critical infrastructure sites in the City of Saint Paul. Disadvantages If Approvetl: None. Disadvantages If Not Approved: Lost of grant funds available that will enable the police depar[ment to enhance securiry at critical infrastructure sites. Transaction: $158,506 CosURevenue Butlgetetl: wnd�ny source: State of Minnesota Financial information: (F�cplain) ActivicxNumt�t i� ;� ` <� °���� M f j ` �prna^.� RR��^sch Ga�r � ��° ��� � � May 31, 2007 2:47 PM Page 1 r � . AMENDMENT NO. 2 TO GRANT CONTRACT # 2005-BZPP-00723 Oi Contract Effecrive date: Julv 1. 2005 Totat Contract Amount: $158.506.00 Original Contract Expirafion date: March 31. 2006 Original Contract Amount: $145.134.00 Amended Conh Expiration date: Seutember 30. 2007 Previous Amendment(s) Total: $0.00 Cutrent Amendment Amount: $13372.00 1'his amendment is between the State of Minnesota, acting through its Commissioner of Public Safetv. Division of Homeland Securityand Emer�encv Manaeement 444 Cedar Sireet Suite 223 St PauL MN 55101-6223 ("Stafe") and Citv of St Paul 15 Kelloze Boulevard Citv Hall Annex St Paul Minnesota MN 55102 ("C'TranYee"). Recitals 1'I'he State has a gant con�act wiffi the Grantee identified as Grant Contract 2005-BZPP-00723 to provide protective action funding to protect and secure critical infrastructure and key resource sites in Minnesota. 2 The State and the Grantee have agreed that additional time and additional funds are necessary for the satisfactory completion ofthis project 3 The State and the Grantee are willing to amend the Original Grant Contract and previous amendments as stated below. Grant Contract Amendment In this Amerxdment deieted contracf terms will be sirz�ck out and the added contract terms will be underlined. REVISION 1. Clause l, "Term of Grant ContracY', Section 12, of the Original Grant Contract is amended as follows: L2 Expiration date: ��°-^`�-�.�r "'�r Seutember 30, 2007, or until all obligations have been safisfactorily fulfilled, whichever occurs fust. REVISION 2. Clause 4, "Consideration and PaymenY', Section 4.1, Pazagraph (1) and (3) ofthe Original Grant Contract is amended as follows: (1) Compensation The Grantee will be reimbursed an amount not to exceed $' ^`,-n-T' ��.� $158.506.00 according to the breakdown of costs specified in Grantee's 2005 Buffer Zone Protection Grant Program Application, Revrsed Attachment A, which is attached and incorporated into this grant contract. The Grantee will submit a written change request for any substitution of budget items in Revised Attachment A, or any deviation of more than 15% from the approved budget category amounts in Revised Attachment A. Change requests for substitutions of budget items, or a deviation of more than 15% from the approved budget category amount must be given in writing to the State's Authotized Representative and at least 60 days prior to the Expiration date of this grant contract. Grantees whose requests have been approved will be nofiFied 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. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $' "`,�-"n;.� $158.SQb.00. REST OF PAGE INTBNTIONALLY LEFT BLANK Grant Amendment 02/04 � �. . AMENDMEN'T NO. 2 TO GRANT CON'L'RACT # 2005-BZPP-00723 'I`he Original Grant Conh and any previous amendments aze incorporated into this amendment by reference. 1. ENCiJMBRAi3CE VERIFICATION 3. STATE AGENCY Individual certifies thatfundr have been eneumbered as reguired by Minrc Stat. ,¢g' 16A.15 and 16C.O.i. By: � r v✓rth delegated�au[hority) / Signed: / Title: � � � � � � Date: � � Date: __�i' ' � Gtant Conhact No. 2. GI2ANTEE The Grantee cerfifies that he appropriate rson(s) have executed the grant con If of the Grantee as required by applicable articles, bylaws, resolurions, or ordinances. f r BY: T1TlE Date By: Title Date: By: Titl Date By: Titl Date By: Titl Date Distribu6on: DPS/FAS Grantee State's Authorized Representative Grant Amendment 02/04 Z 07-5 88 �� � . ;� , �� G ,• f i . �- ��; /`C y�� � Q�� � ' _ • � P � T� F�'L'S� � �'. � � � � � • • • � ' • 1 ��� < `\ � tP ' / , � , r � � i r � \STF tt.V;:ti�_D / u �- ) _.� � � I � _l- ..�-' d �tF _— Saint Paul Police � t Name Jon M. Grahek/Christopher Hoskin Pnone 651-775-2334 SergeantlCommander ;s 367 Grove Street Saint Paul county Ramsey state: MN zip 55101 Address ion qrahek(o)ci slpaul mn.us Fax Number 651-266-5985 Please enfe� the amount awarded to your jurisdiction for ��.�i Amount this grant Contact HSEM staif if fhis amount is not kr�own. $ R OBJECTIYES - Please explain how the resources requested i� fhis application wi ennana �our icfion's ability to prevent a terrorist act and be prepared to demonstrate how homeland security will be ved. Aiso, piease indicate how fhe speciflc items requested support and are consistent with the overall Homeland Securify Strategy. . security at the critical infrastructure identified in ourjurisdiction J STt2ATEGY LINK - Explain how resources requested support the overafi State Homeland Security y. In addifion, please reference tfie speci£c goals and objectives identified in fhe Stafe Strategy tfiaf f Eed equipmen4 needs address: �Ppc�a�� �� a�`� s� �s S Ten, Objective B and or C �� � ������� � /�---�- Date: j��3i/a J� Is fFor State Use State Approval: • Strategy: BZPP Pian Submitted: T(7TAL GRANT AWARD: Equipment+M&l1+Add'fEqptLines = $ nPS/HSEM 2005 BZPP Grant Appiication updafed i02405.x1s �$5,795.00 Qate: . � � ` �ISIP: r.�.�: Page A-1 D�-588 2D05 BufFer Zone Protection Progra� .rent EQUIPMENT WORKSHEET Piease use the highfighted lines below each category to indicafe intended equipment purchases. if more lines are required, use thase provided on fhe "Add'f Eqpt Lines° tab. ` UNR PRICE SHOULD INCLUDE TAX AND SHIPPINGlHANDLING EXPENSES " D1SCiPl.iNE ALLOCATfON: Pfease use the drop-dov.m Stst to i�cate the a{bcated d'�sdptine foc the unfts (QTI� to be purcha�zd. For ezample, 'rf seven units are to be purchased for HazarrJous Materiats, selecf fhe HZ value. If more than one discipfine is receiving purchased unrts, s�eay the alioca6on using subsequeM iines as shown in the example. p�� LE _�. En(orcement FS - Fce Selvice PS - Pubfic Healtti Ab6teveGotis EbiS - Eme�9e�j' Ned�oi Servirrs FQ- Ha�rdous NaterFais GA - Cwmnmental Admmsfrative ElAA-Emec9�wlMan�ement PW-Wb5cWorks PSCHPnb('icSa(etyComrtuinio5ons "`ODP PROJECT• Please use the drop-down list fo select the ODP ore-defined proiect tifle for each equiament reauesfed. 2. Ex losive Device Miti ation & Remediation E ui meflt (Stafe authorized Bomb Squads only) Item Unit Price` QTY Total Disc* ODP Pro"ect Receivin Jurisdiction $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ - S - � - � S - S - S - S - S - i S - S - Sustainment Costs S - $ - SubtoYal ' � ' L� � ��� �-� �� �� ��� ���� i�`i ��� '�� ��� ��� ��� ��� �[� -2 DPSMSEM 2DD5 Homeland SecoritV Grant �7-5�� 20Q5 Buffer Zone ProtecEion Progra�. .rant ��c�� ��� ��� ��� ��� � � 15. Inspection and �� � ��„� ��� ��� � � �� '• ���� Total E ui ment Amount Requested $ ��'� � `� 4,' d � �/ � Page A-3 0�-5 ��� � � t i y m � ` ` � n - S v c p 3 � = 9 m m � m ` o b � o 0 m m $ � - � � � � E- e [ F - � ; o m a� ; o u om° u =�.$ � n i . O e��e y � 0 .t. °� - 0 m m L C 6DSa E � i m U E � a[giin o E�Ee E`` E il � C C m � C' - ^ t° m^° � °' °�s�=e _ N m �n p =£ �E° Cl y ; E m w a m ,. C m � � °s °s � J m� � - N o � � Z � � � � � W � o m c m Z fi g y 6g °' � E�E J ° � � a m2 � F- p o ° m p n nx - Z ��_ �- C c Q cr. m u3c F� W M � i � m � � C(� -D F- o.a`m= �°� isi d � �� � � � = p a�� a_ �� h . � . � g ��a m5a �1S a - LS S a = E°' � = m ,; a W hfl :�` l fn ¢-.- LE„ -� \ o CL m o E � m LL 2 Q _� . � 3 m$� � �m" ° _�_ m sa� —�� � � 0 Z ��= O o a � 0 . �� � p m � � p o '2 m m.e S L Q �� �i N Q U� m � m _ � � � m o R m m W p'�� a t L'c a n ;cm�-Sm uE E � - � wf V° ^� me� _a� y � an� Ess '� m v� m p __ 'ic ` O cW o m e � = mm m �v = E =0 $S zi �ww ' zO o, L c.- o' • w m' � w oE f.° ww� o� o tmm �m ' ° mQ W:=— oL 5' � L y L � c�m a 'a t� a w y � mwo ?a a u. m� o U o - r (p J` m m� q O m "n ¢ m C'l � 4 E U . O U �-° \i .. v +�"J "-J � 7 .J � : _J 7 7 l ; 'SJ .�� "� �;., .', ,. - 'a C") '1 i� .:l ::� u\ O O; e b ��� � _: '� � n n' f z � i s m O :� _. cn ; � c�� > ti o ._n , _.± � `�. - . . � - 1_( L� \() � l i� � F 7 � a a � c s � c. u w 'J v `+� -R • . 'n '1 - :�l il l c_ tt; _ . t . l(� n _, � ..�� - ,- 'R � �� � , � ` � , � � � � � � I V '� � � � ` a O � J � � � \ � 1 � l 1 ` , Page A-4 c��-5g8 � W � � � � � � � � �' W (7 � ° a � O.. � W O > U ~ W � � ~ a N W Z � ` N Q � Q W (l.. � !J- � � m � � ��I 0 � O N � t`� Z � c C m c� 0 a � W a _ .� � C O U 'a N .� "� O d � N z F N U W � � F N Z � 0 ¢ 0 Z Q h- Z w � w Q Z Q � W J m � � J � ¢ 0 C 7 0 E Q a � � i � c � t � > C+S > � �; . N `-� N y N . O .+ a � j � � Q� o �� � � N � m C C > � � . � � y m � .� > � � � � � a c y C -� ° � � �Q � � g � � c �., rn � a � � � C � � d � o � �ci � '6 � r N � O 3 E " n � � � 'X C4 � t4 � d N N N v ._- , N O (O � � � � �� � �T � 0 � � � � � m o � � i w � U O 0 � N C � � N O � O Z � C > m v m � c 0 � � m � V R � N i� � L = o � � C .+ > E �' o � m o m i.> Q c a1 � o � 0 O � N N 3 m � y N s � � � c 3 — � U N N � a m � N � w 1-- � E 1 ° W T R� � L v j� � N - a Q � m m m m C m _�n � � Q L N � � O � L = � �. N L U N � L N d � O � a � � L � � i m Z �, � � Qo o � `m � � � z ;" . . ri00000000u� Ffl �oQO� rn � . � � U O Q � c�a rn O a � � N � � � E = E - �. c6 +� � � � � � Q N Q � C ` � O � O � � � � � � L � � O i p U p L � � � � � U � C O v N O U C O .� � � c � � � N � Q o � u � O � � C � (6 � Q � Q � � .� � � O N C C O L N Q v � L � � � � � U � � � � O L � � � N � � — � C O � � W m � � Q � (6 �� ` �.— � � a O W � O � � � .� � N = �7 � U � ( U � Q � LL m m a 0 � r � z n � Q � - Y L K/ r a � u w � a W � Q = � Z c Q � �L u J � a � �.' � 11 � _ Page A-5 � �� � AMENDMENf NO.1 TO GRANT CONTRACT # 2005-BZPP-00723 Q�' �� Original Contract Effective date: Julv l. 20D5 Total Contract Amount: $145,134.00 Original Contract Expiration date: Mazch 31. 2006 Original Conhact Amount: $145.134.00 Amended Conhact Effective date: March 31. 2007 Previous Amendment(s) Total: $0.00 Current Amendment Amount: � 0.00 This amendment is between the State of Minnesota, acting through its Comurissioner of Public Safetv Division of Homeland Securitv and Emereencv Mana�ement 444 Cedar Street Suite 223 St. Paul Minnesota 55101- 6223 ("State") and Citv of St Paul 15 W KelloeQ Boulevazd Citv Hall Annex St. Paul MN 55102 ("Grantee")• Recitals 1 The State has a grant contract with the Grantee identified as Grant Contract 2005-BZPP-00723 to provide protective action funding to protect and secure critical infrashucture and key resource sites in Minnesota- 2 The State and the Grantee have a�eed that additional time is necessary for the satisfactory completion of this project. 3 The State and the Grantee aze willing to amend the Original Grant Contract as stated below. Grant Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Clause 1, "Term of Grant ContracY', Section 1.2, of the Original Grant Contract is amended as follows: 1.2 Expiration date: "����'��w March 31, 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. REST OF THIS PAGE INTENTIONALLY LEFT BLANK Grant Amendment 02/04 . �c�a—�3�»— � 0�-5 � � Grant Contract # 2005-BZPP-00723 STATE OF MIl`tNESOTA GRANT CONTRACT This gzant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. Division of Homeland Securitv and Emer encv Mana¢ement 444 Cedar Street Suite 223. St Paul. Minnesota 55101-6223 ("State") and Citv of St Paul. 15 W Kello a Boulevazd Citv Hall Annex. St Paul, Ivlinnesota 5�102 ("Grantee"). Recitals 1 Under Minn. Stat §§ 12.22 and 299A.01 Subd 2 4 the State is empowered to allocate and disburse federal funds made available through the Deparin�ent of Homeland Securiiy and is empowered to enteF into this grant coniract. 2 The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the 2005 Buffer Zone Protection Program, Award Number 2005-GR-TS-0015, to provide protective action funding to protect and secure critical infrastructure and key resource sites in Mianesota. 3 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract Term of Grant Contract 1.1 Effective date: Julv 1, 2005. or the date the State obtains all required signatures under Minnesota 3tatutes Section 1 bC.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Crrantee may claim reunbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract Reunbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration daie: Mazch 3 i, 2000, or until ali obligations have been satisfactorily fizlfilled, whichever occurs first. 13 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. Z Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Perform the work in the Grantee's 2005 Buffer Zone ProYection Grant Program Application, Attachment A, which is attached and incorporated into this grant contract. Approved equipment and(or management and administration cnsts identified in Attachment A were approved from the 2005 Buffer Zone Protecrion Program Guidelines incorporated into this grant contract by reference. 2.2 Comply with all program guidelines specified in the 2005 Buffer Zone Protection Program Grant Application Packet provided to the Grantee by the State, and will comply with the standards and requirements attached and incorporated into this grant contract. These additional standards and requirements aze the following: a. Federal Audit Requirements, labeled Attachment B, which is attached and incorporated into this grant conhact. b. Federal Assurances, Iabeled Attachment C, which is attached and incorporated into ttais grant contract. c. Grantees receiving $100,000.00 or more must complete and return the Certification Regazding Lobbying form, labeled Attachment D, which is attached and incorporated into this gzant 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 2005 Buffez Zone Protection Program (11/OS) Page 1 Crrant Contract � 2005-BZPP-00723 certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federai funds. 2.4 Pzovide all necessary �'n'ng to their employees conceming the use of equipment purchased through this erant contract, and shall not permit the equipment to be tampered with or operated by individuals who aze not properly trained. 25 Assume total responsibility of the proper handlin„ use, and maintenance of the equipment and beaz all costs of maintenance, repair and/or replacement related to equipment. Equipment purchased through tlus �ant contract is the property of the Grantee. 2.6 When practicable, any equipment purchased with grant funding shall be prominenfly marked as follows: "Purchased with fvnds provided by the U.S. Depaztrnent of Homeland Securit}� . 2.7 Comply with all pzogram guidelines specified in the 2005 Buffer Zone Protection Grant Program Guidelines provided to the Grantee by the State and incorporated into this grant contract by reference, and must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies. Time The Grantee must comply with all the time requirements described in this graut contract. In the performance of this grant contract, time is of the essence. Consideration and Payment 41 Consideration. The State will pay for all services performed by the Crrantee under this grant contract as follows: (1) Compensatiarc. The Grantee will be reimbursed an amount not to exceed $145.134.00 according to the breakdown of costs specified in Grantee's 2005 Buffer Zone Protection Cnant Program Application, Attachment A, which is attached and incorporated into this grant contract. The Grantee will submit a written change request for any substitut�on of budget items in Attachment A, or any deviation of more than 15% from the approved budget category amounts in Attachment A. Change requests for substitutions of budget items, or a deviation of more than 15% from the approved budget category amount must be given in writing to the State's Authorized Representative and at least 60 days prior to the Expiration date of this grant contract. Grantees whose requests have been approved will be notified in writing by the State's Authorized Representative to the Grantee's Authorized Representative. Requests must be approved prior to any 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: $0.000.00. (3) Tofal Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $145 134.00 4.2 Payment (1} Grant Billing Form. The State will promptly pay the Grantee after the Grantee presents a Grant Billing Form for the services actually performed and the State's Authorized Representative accepts the invoiced services. firant Billing Form must be submitted timely and according to the foliowing schedule: a. Grantee will submit the Grant Billing Form along with copies of 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 Grant Billing Form. b. Expenditures for each state fiscal year (July through June) of this �rant contract must be for setvices satisfactorily performed within applicable state fiscal year. Final Giant Billing Form pertaining to the first state fiscal yeaz of this grant contract must be received by the State no later 2005 Buffer Zone Protecfion Program (11/OS) Page 2 v � � Grant Contract # 2005-BZPP-00723 than 45 days of the Expiration date of this grant contract. c. Grantee will submit financial and nazrative performance reports at least quarterly, but not more often than monthly. The narrative performance report shall consist of a comparison of actuaJ accomplishments to the approved work plan in Attachment A. These reports must be submitted before reimbursement will be paid. (2) Federal funds. (VJhere applicable, if blank this section does not apply) Payments under this gzant contract will be made from federal funds obtained by the State through CFDA # 9"1.078. Department of Homeland Securitv Fiscal Yeaz 2005 Buffer Zone Protection Pro^ram_ The Grantee is responsible foz compliance with all federal requirements imposed on these funds and accepts full finan responsibiiity for any requirements imposed by the Cnantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Cnautee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Repzesentative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Crrantee will not receive payxnent for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Kristen Sailer Csrants Soecialist, Division of Homeland Securitv and EmerQencv Mana�ement, 444 Cedaz Street Suite 223 St Paul MN 55101 (651) 215- 6939, oi hi s(her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services aze satisfactory, the State's Authorized Representative will certiry acceptance on each C`nant Billing Form submitted for payment. The Cnantee's Authorized Representative is Jon Gzahek Ser¢eant 367 Grove Street St Paul, Min nesota 55108. (651) 775-2334. If the Grantee's Authorized Representative changes at any time during this grant contract, tlxe Graniee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment T`he Grantee may neithez assign nor h�ansfer any rights or obligations under this grant contzact 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 d ant contract, or their successorsin office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective unril it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 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 Compiete. This gant con�act contains all negotiations and agreements between the State and the Grantee. No other understanding regazding this grant contract, whether wzitten or oral, may be used to bind either party. 8 LiabiIity The Grantee must indemnify, save, and hold the State, its agents, and empioyees hannless from any claims or causes of action, including attorney's fees incurred by the State, arising from the perfozmance 2005 Buffer Zone Protection Program (11/OS) Page 3 C�i't.� � Grant Contract # 2005-BZPP-00723 of this grant contract by the Grantee or the Grautee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract 9 State Audits Under Minn_ Stat. § 16CA5, subd. 5, the Grantee's books, records, documents, and accountin� procedures and practices relevant to this �ant contract aze subj ect to examination by the State and/or the State Auditor or Legisiafive Auditor, as appropriate, for a minimum of six years from the end of this grantcontract 10 Govemment Data Practices The C3rantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applaes to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this gant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in ttris clause by either the Grantee or the State. If the Grantee receives a request to release the data refened to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions conceming the release of the data to the requesting pariy before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertauung to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of fhese employees and any claims made by any third pariy 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 Publicity and Endorsement 12.1Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and the Department of Homeland Security as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. All publications created with funding under this grant contract shall prominently contain the following statement: "This document was prepazed under a grant from the Office of State and Local Govemment Coordinafion and Preparedness (SLGCP), U.S. Deparhnent of Homeland SecuriTy. Points of view or opinions expressed in this document aze those of the authors and do not necessarily represent the of&cial position or policies of SLGCP or the U.S. Department of Homeland Security." For purposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Recipient aclaiowledges that SLGCP reserves a royalty-free, non-exclusive, and irrevocabie license to reproduce, publish, or otherwise use, and authorize others to use, for federal govemment purposes: (1} the copyright in any work developed under an awazd or sub-awazd; and (2) any rights of copyright to which a recipient or subrecipient ptuchases ownership with FedeTal support. The Recipient agrees to consult with SLGCP regazdina the allocation of any patent rights that arise from, or aze purchased with, tlus funding. I2.2Endorsement. The Grantee must not claun that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue 2005 Buffer Zone Protection Program (11/OS) Page 4 .� �ii�t:t:� Crrant Contract # 2005-BZPP-00723 Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this �ant contcact, or its breach, must be in the appropriate state or federal court with competent jurisdictionin Ramsey County, Minnesota 14 Terminarion 141 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2Termination for Insuffxcient Funding. The State may immediately terminate tYus grant contract if it does not obtain funding from the NIinnesota Legislature, or otker funding soarce; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Ternvnation must be by written or fax notice to the Grantee. The State is not obligated to pay for any services tUat aze provided after notice and effective date of ternunation. However, the Crrantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Crraxitee notice of the lack of funding within a reasonable time of the State receiving that notice. 143 Termination for Failure to Comply. The State may cancel this grant contract immediately if the State finds that there has been a failure to comply with the provisions of this grant, that reasonable 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 tetum of all or part of the funds aiready disbursed. i� �ata 53isclosure Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, aiready provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state ta�t retums and pay delinquent state tax liabilities, if any, or pay other state liabilities. REST OF PAGE INTENTIONALLY LEFT BLANK 2005 Buffer Zone Protection Program (11/OS) Page S t> l Cnant Contract # 2005-BZPP-00723 1. ENCUMBI2ANCE VERLFICATION reguved by Date: Grant Contract z. c�NTEE ( BY MP.RY ERICKSON The Grmnee ce�iifres that t3re appropsiate persan(sJ hm�¢ erecuted the o met contract an behalJof the Grmvee ¢r .,,,.,.,.o.lh6,.,.�.�la��h7o �.ricla.-7�vlaw�resolutiohs, or ordlwnces. 3. STATE A ENCY BY (wi legated authoriry) Tide: x \� DaTe: � � ' � j — � � By _ _ Distribution: � DPS/FAS T'le�¢hief of Poli e Gcantee � �� , Stffie's Au[horized Representa4ve � � ^' ' � y O Date: �„� By . --� � l�, - C`� L�9 �S Title: Director, Financial Services By: � Title: �i� Atto Title: Mayor � � �_ BY� -- —\ . Title: Hum i ht�s Director 2005 Buffer Zone Protection Program (11/OS) Page 6 � • .. ATTACHMENT A �� G � � � i �,, o Le�'��. � � � e . sT\ 1 1 � w� �-� �. � �� "� • '' ' � ' a t L�� , \� q � o <= , ' ' � : '� -• ,r• � � rF�: �:�,�a. �- . .-.. . . . - - , - -, + � � ion Saint Paul Police Departrnent Name Jon M. Grahek/Christopher Hoskin Pnone 651-775-2334 � ddress 367 Grove Street � city Saint Paul counry Ramsey srate: nnN Zip 55101 E-mail Address ion qrahek(a�ci stpaul mn.us Fau Number 651-266-5985 Please enterthe amounf awarded fo ynurjurisdiction for � 145 13� warcf Amaunt this grant Contact HSEM staff if ffiis amounf is not known. � R OBJECTIVES - Please explain how the resources requested in this appiicafion wt enhanc� /our iction's abiliiy to prevent a terrorist act and be prepared to demonstrate how homeland security will be ved. Also, please indicate how the specific items requested support and are consistent with the overall Homeland Security Strategy. . security at the critical infrastructure identified in ourjurisdiction J ATE STRATEGY LINK - E�cplain how resources requested support the overall State Homeland Security ategy. In addifion, please reference the specific goals and objectives identified in the State Strategy that tl �uested equipment needs address: i-�P`F'f�o�9�P�vv`e �D`� �tS ial Ten, Objective B and or C �� A � ` i ���re- � l. � �— Date: %��3i/a J 5tate Approval: _ State Use Date: Submitted_ - Equipment+M&A+Add'IEqptLines = . $ '155,795.00I � � �� Page A-1 Il�s - � 20Q5 Buffer Zone Protection Program Grarrt EQUIPMENT WORKSiiEET Piease use the highiighted lines below each category to indicate intended equipment purchases. if more iines are required, use those provided on the "Add'i Eqpt Lines" tah. ` UNIT PRICE SHOULD INCLf1DE TAX AND SHIPPMC�h1ANDlING EJ�ENSES ° DISCIPLINE All.00AlION: Please use the drop-down C�stto indcate the allocated discipline fnr fhe units (QT'Y) to be Purchased. For exampie, 'rf seven unis are tn be purchased for Hazardous Materiats, select the HZ value. If more than one dsapline is receiving . purchased unrts, specify the allocalion using subsequent fines as shown in the example. p��� LE-LawEnfo�rtn�rt FS-FrteSgvice PS-Pu6(�cHeatth Abb2viaiions EMS-Fme'9�Y�1°�°�"^� HZ.Ha�NOUSFAateriais GA-GovemmertblAtlmin�strafive EMA- Eme[gen�Y ��9eme+�t PW - Public Wwks HC - Health Care PSC- Public Safety Communicabrnvs ODP PROJECT Please use the drop-down Iist to select the ODP pre-defi�d qroiect title for each equioment requested. � - Page A-2 7. Detection E ui ment �tym _ Unit Price` QTY Total Disc' ODP Project Receiving Jurisdiction i .:� �ys, t3� Page A-3 2005 BufFer Zone Protection Progrem Grent O?-5�8 � 0 � E w O C � n` O � m 0 N mm SE 6 0 � 9 Q c m � m 0 0 = � 0 m n � � L 0 m m m— m � � L — C ma` = � o Emw 3 � m o m 8 V J q m U p 0 5 m n m U d m m m es m �: ° �w m�a n�: 3 y v ° ° m�� C y W m C t � mmE � � `m 9 0 C p O .W. � omm m an` > > c W o- _ m 0� c � t a m m c� �Ci L � U m �m " O � 0�O N 0 ` _ - r 0 O O m � 6 0 R m a Ec� m J � O 9 a w W 2 Y K � Z W � a � C3 w _ c � E ° ms LLL `e� a� �� om � � $ n cE �3m u8� � °`°� �$e SEa � �__ V — m J �Z� = tl 5'� 9 �G qm 9 � sm � mE 6 w O `a qa U m Om Q ] W a �c d O f�ll W 0 6 � E E o a �^.EVm _m� p'OS do�a °f ��a LLsa Lc 'c; EZF 3wW :w UQ � � Page A-4 c�5 —1 R�' �) � 0 a � R F- a W � � �R 2 N i � � � f F � W � 0 � _ a m Z ? � V ~ W � � (/! a w Z � C N � y (� IL Q ll.� � LL {L m ~ Z � � O � O N W V Q Z Q c G N f N � U W � � r � z C G 0 Q O Q z W � w C7 Q Z Q C G W J m 7 I O J J a C O V ' N .� � d � Z O C 7 O � � � L � 3 m � m � �z � � C �; . N ` m y y . O a+ Q � = p. � Q � � � � � N � m C c � O �' .� � � N � � � '� R � L Y N N r ' � m � .� - @ � C a U m � � c � rn � o � � N C m � m ti o @ �n � � m r N `�L � � � ... n � E N �X � � � � � d N N c� ._.- .� O (O 4 tb � � � � � C O c ' ' �j E �' � m � � N O � N ` .L � (..} 0 0 � N C @ � N O � O Z � � > m U m � ^ r 0 � � �a o � w V m L � � 3 o � � � '> _ � � � �X � O y Q � Q o � o O � a. N N � m � N a � � 3 — � �U L N � N � � � T '+-• N n � � v L -a � �05 C � m a� m m c m N v ¢ � �',. N � w � � Y = L R U N � i O o s °1 C N C fl- �t_ � v Q C O S � - � � n a Z , x • 0 N 0 W O U i �� �� ��� � �� �� �' �'� ' �' ic � I 1 1 1 1 l0 � � �vtu��� Q � w 7 O S i N � 7 Z � C � I :-. � -r 1 �' � � m O Q. N Q � � � a; o U o R � � � U �3 0 � M O V O C � @ � a c � c W S U 2 � � G . � U O a '� C im � N � N '6 (�6 � N L � '� O- X L O N � � � � O � m m .._ C � ( � � � � C '� °- ` c Q N � !_ O C v > > � C p F ` - cc 4 ff} N N � O � O N C C O � � B. a � a� G O v � � � � � � N _ 7 U � LL a d 0 � _ Page A-5 • G��# Grant Contract # 2005-BZPP-00723 :1 f : FEDERAL AU�DTT REQUIl2EMENTS 1. For subrecinients that aze state or local eovernments non-profit orQanizations. 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 program-specifrc audit made for the fiscal yeaz in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually uniess the state or local government has, by January 1, 1987, a constitutional 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 requests for biennial audits by governments that have an administrative 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 subre�ients that aze institutions of hi¢her educa#ion or hospitals If the grantee expends total direct and indirect federal assistance of $500,000 or more per yeaz, the grantee agrees Yo obtain a fmancial and compliance audit made in accordance with OMB Circular A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizafions" 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 accordance with applicable laws ax!d regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standazds for Audit of Governmental 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-110 as applicabie). The reporting requirements for audit reports sha11 be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal govemment has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective acfion taken or planned and comments on the status of corrective 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. T'he grantee agrees that the grantor, the Legislative Auditor, the State Auditoz, and any independent auditor designated by the o antor shail have such access to grantee's records and financial statements as may be necessary for the grantor to compiy with the Single Audit Act Amendments of 1996 and OMB Circulaz A-133. Grantees of federal financial assistance from subrecipients aze also required to comply with the Singie Audit Act and OMB Circulaz A-133. 2005 Buffer Zone Protection Program (10/OS) Page B-1 d7-588 Grant Contract # 2005-BZPP-00723 6. The Statement of E�cpenditures 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 years. 8. xe uired audit reports must be filed with the State Auditor's Office Sin�le Audit Division, and with federal and state a¢encies providina federai assistance within uine months of the �rantee's fiseal vear end. OMB Circulaz A-133 requires recipients of more than $�00,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Prepazation Division 1201 East l Oth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department 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 St. Paul, NIN 55101-5126 2005 Buffer Zone Protection Program (10105) Page B-2 -- . . Cnant Contract i# 2005-BZPP-00723 ATTACHl��:`IT C FEDERAL ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, re�ulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govemthe application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: l. It possesses legal authority to apply for the grant; that a resolution, motion or similaz action has been duly adopted or passed as an official act of the applicant's goveming body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the appiicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law which limit certain political activities of empioyees of a State or local unit of government whose principal employment is in connecrion witih an activity financed in whole or in part by Federal grants (5 USC 1501,-et seq.). 4. It will comply with the minimum wage and maYimum hours provisions of the Federal Fair Labor Standards Act. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appeazance of being motivated by a desire for private gain for themselves or others, particulazly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency conceming special requirements of law, program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project aze not listed on the Environmental Protection Agency's (EPA) lisY of Violating Facilities and that it will notify the Federai grantoz agency of the receipt of any communication from the Director of the EPA O�ce of Federai Activities indicating that a facility to be used in the project is under consideration for lisring by the EPA. 9. It will comply with the flood insurance purchase requirements of Secrion 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after Mazch 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financiat assistance for construcrion or acquisition purposes for use in any azea that has been identified by the Secretary of the Department of Housing and Urban Development as an azea having special flood hazards. The phrase "Federal fmancial assistance" 2005 Buffer Zone Protection Program (10/OS) Page C-1 • - � � Grant Contract'� 2005-BZPP-00723 inciudes any form of loan, gant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10. It will assist the Federal grantor a�ency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Execufive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.} by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of F3istoric Places that aze subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the er,istence of any such properties and by (b) complying with all requirements established by the Federal gzantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply, and assure the compliance of all its sub-grantees and contractors, with the applicable provisions of Tifle I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the curtent edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federallaws, orders, circulazs, or regulations. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrarive Review Procedure; Part 20, Criminal Jusfice Information Systems; Part 22, Confidentiality of Identifiable Reseazch and Statistical Infotmation; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Tntergovernmental Review of Department of Justice Progcazns and Acfivities; Part 42, Nondiscrimination/Equal Employment Opporiunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victuns of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the tlmericans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discriminatian after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forwazd a copy of the finding to the Office for Civil Rights, OfFice of Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the appiication is for $500,000 or more. 16. It wili compiy with the provisions of the Coastai Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastai Barrier Resources System. 2005 Buffer Zone Protection Program (10/OS) Page G2 d7�5 cn�t con��r � zoos-$zPP-oo�z3 ATTACfIMENT D CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Grants ovez $100,000 The undersigned certifies, to the best of his or her l�owledge and belief tbat: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, oz an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal �ant, the making of any Federal loan, the entering into of any cooperative agreement, and the ea�tension, continuation, renewal, amendment, or modif�cation of any Federal contract, grant, loan, or cooperative 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 ttris 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 sha11 require that the language of this certification be included in the awazd documents for all subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperarive agreements) and that all subrecipients shall certify and diselose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction 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 $100,000 for each such failure. r- .�I l�c;,�l �c �:�e ��pu�-f-r�.�n Organization Name � .ir - JJNT /1'I . y�;�a rc� n C In � C' ��-F Paa ,`c 2 Nama�nd Title of9 icial i$ning or Orgamzatron Official U 1 a�o�� o� Date 2005 Buffer Zone Protection Program (10/OS) Page D-1