07-983Council File #
Green Sheet #
Presented By:
Referred To:
RESOLUTION
OF SAIN7' PAUL, MINl
� �
1 WHEREAS, the City of Saint Paul, Police Department, has received a Central Corridor SecuriTy Camera
2 Parinerslrip Federal Transit Grant administered by the Minnesota Department of Transportadon; and
3
4 WHEREAS, this grant provides funding for cameras and surveillance equipment along the Central Corridor in
5 Saint Paul; and
6
7 WI�REAS, the City Council authorized the City of Saint Paul to enter into the attached grant
8 agreement on August 22, 2007 (council file #07-782); and
9
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WHEREAS, a 2007 financing and spending plan needs to be established for this grant; and
WHEREAS, The Mayor pursuant to Sec6on 10.071 oF the Charter of the City of 5aint Paul, does
certify that there are available for appropriaHon funds oF $1,500,000 in excess of those estimated in
the 2007 budget; and
WHEREAS, The Mayor recommends that the following addifiun be made to the 20Q7 budget:
436-PoHce Special Projects Pund CURRENT AMENDED
FINANCING PLAN: BUDGET CHANGES BUDGET
34208 - Central Corridor Grant
3199- Other FederalDirect Grants-State 0 1,200,000 1,200,000
6905 - ContribuNons & Donarions 0 300,0�0 300,000
Total Changes to Financing 1, S�pp,�p
SPENDING PLAN:
34208 - Central Corridur Grant
0275 - Office Equipment Maintenance
0299 - Other MisceRaneous Services
0848 - Capitalized Equipment
0853 - Cameras
�856 - Softrvare
0894 - Construction-General
Total Changes to Spending
125,00�
350,000
425,000
400,000
50,000
I50,000
1,500,000
THEREFORE BE IT 12ESOLVBD, that the Saint Paul City Council approves these changes to the
20�7 bud�et.
ABSent � Requested by Department
Pnlira
Adupted by Council:Date:
AdopAon Certified by Council Secretary:
By:
�ppr
ty:
By:
By:
0�-�18�
3043738
to Council:
125,000
350,000
425,000
400,000
50,000
I50,000
Form Approved by City Attorney: .--�
Central Corritlor financing and spentling ccxls
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� 7-983
PD - PWiceDepazvnrnt
Contac[ Person & Phone:
Chief John Harrington
266-5588
Doc. Type: RESOLUTION
E-DOCUment Required: Y
Document Contact: Evette Scarver
Contact Phone: 266
07-SEP-07 � Green Sheet NO: 3043738
i
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Assign
Number
Fw
Routing
Order
0
1
2
3
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PdiceDeuazmoent '� PoticeDeoaziment '�
�oliceDeoazmieot PdiceDenazmie¢t
iCity At[orney C1ri Attornev i
a➢ot's Office I Mayor i
,�Council i comca $$
i Clerk Ci Qe I�� ���
�oliceDepariment I Pol'ceDep e � � °
C i`. 6 `: � 20�
7otal # of Signature Pages �(Clip All Lxffiions for Signature)
am : e .
Signatures on the attached council eesolution establishing a 2007 financing and spending plan ro pzovide funding for cameras and
surveillance equipment along the Cen[ral Corridor in Sain[ Paul.
itlasons: Approve (A) or F
Planning Commission
CIB Committee
Civil Service Commission
'I. Has ihis persoNfirm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not rwrtnaAy possessed by any
current city employee?
Yes No
EzpWi� all yes answers on separate sheei and attach to 9reen sheet
I ' Initiating Problem, Issues, Opportunity (4Yho, What, When, Where, Why):
- The City of Saint Paul has received a Central Corridor Security Camera Partnership Federal Tzansit Giant administered by the
� Minnesota Department of Transportation which provides funding for cameras and surveillance equipme�t along the Central Conidor.
i qtivantages If Approved: �
; Redace crime along the Central Corridor by monitoring activiGes using radios, cameras, and other surveillance equipment.
��, Disativantages If Approved:
None.
OisativanWqes If Not Approved: '
Lost opportunity to monitor [he Cenh�al Corridor to reduce crime.
1 VIGI IVI�VY�II VI
Trensaction: $1�500,000.00
Funding Source: 436
Financial Information:
(E�cplain)
Activity Num6er: 34208
CosVRevenue Budgetetl:
�
,�
�
October 2, 2007 8:44 AM page �
MnDOT Contr�ct No. 9] 103
STATEOFMINNESOTA D�J'"�IS3
GRANT CONTRACT
Federal Project Number MN-03-0057-01
THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the state of Minnesota, is between the
state of Minnesota, acting through its Commissioner of Transpoatation ("STATE") and the City oT SL Paal, a government
entiry (GRAi�1TEE).
Background
STATE received a grant from the Federal Transi[ Adminisczation (FTA) Sec[ion 53Q9 program for improvements along
the Central Corridor that zuns between downtown St. Paul, Minnesota and down[own Minneapolis, Minnesota. The
puipose of this gant contract is to pass through federal funds to GRANTEE to purchase, install, maintain, and promote a
camera surveillance network along the Central Corridor within the City of St. Paul.
NOW, THEREFORE, it is agreed:
T. TERM OF CONTRACT. This Grant Contraet is effective upon execution by appropriate STATE and GRt1NTEE
o�cials and expires on December 31, 2008, or when all obligations set forth in this Grant Contract have been
satisfactorily fulfilled, whichever occurs fust.
II. GRAN'I'EE'S Di1TIES. GRANTEE agrees to:
A. complete the work described in the proposal and request for funding which is attached and
incorporated into this Grant Contract as Eachibit I.
B. provide a local match in the amount of $300,000.00.
C. provide STATE wi[h quarterly financial and program stams repoRS; and.
D. conduct any third party procnrements undar this contract according to the FTA Circular 4220.1E. as
required in Article XN.
III. CONSIDERATION AND TERMS OF PAYMENT
STATE shall pass through to GRANT'EE a Total Obligaaon not to exceed $1,200,000.00 for work described in
Exhibit I. Reimbursement shall be made by STATE, not to exceed each invoiced amount, within 30
days after GRANTEE presents STATE with a detailed invoice.
IV. CONDITIONS OF PAYMENT. All services provided by GRANTEE purs�ant to this grant shall be performed to
the sausfaction of STATE, as deternuned in the sole discretion of STATE's Authorized Agent, and in accord with
all applicable federal and state laws. GRANTEE shall not receive payment for work found 6y STA'FE to be
unsatisfactory, or perforsned an viola[ion of federal or state law.
V. AUTHORIZED AGENTS. STATE's Aathorized Agent for the purposes of administration of this Grant
Contract is Charies A. Morris, Project Manager, MnIDOT O�ce of Transit, Aepartment of Transportation,
Mail Stop 430, 395 John Ireland Boulevard, St. Paul, MN 55155-1899, (651) 366-4178, or his successor. Such
agent shali have final authority for acceptance of GRANTEE's services and if snch services are accepted as
sausfactory, shall so certify on each invoice submitted pursuant to Article III.
GRAN1'EE's Authorized Agent for the purposes of administration of this Grant Contract is Aouglas Holtz,
Commander, Western District Investigations, 367 Grove Street, St. Paul, MN 55101, (651) 266-5528, or his
successor. GRANTEE's Authorized Agent shall have full authority to represent GRANTEE in iu futfillment of
the terms, conditions, and requirements of this Grant Contract.
MnAOT Contract No. 91103 Q/'/ a�
VI. GOVERNING LAW. JURISDICTIOri and VENLTE. 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 fedesa] court with competentjurisdiction in Ramsey County,
Minnesota.
VZI. ASSIGNMENT. GRANTEE shall neither assign nor transfer any rights or obligations under this Grant Contract
without the prior cvritten consent of STATE.
VIII. AMENDMENTS. Any amendments to this Grant Contract shall be in writing, and shall be executed by the same
parties who executed the original Grant Contract, or their successors in office.
TX. LIABILITY. Each party sha11 be responsihle for i(s own acts and omissions, [he act and omissions of its
employees, and the results thereof to the extent authorized by law. The parties shali not be responsibte for the
acts of any others and the results thereof. The liability of STATE is govemed by Minnesota Stamtes, Section
3.736 and other applicable law. The ]iability of GRANTEE is govemed by the Municipa] Tort Claims Act in
Minnesota Statutes, Chapter 466.
X. STATE AUDITS. Under Minnesota Statutes Section I6C.05, subdivision 5, the books, records, documents,
and accoun[ing procedures and practices of GRAN'I`EE relevant to this Grant Contract, including copies of
agreemen[s of GRANTEE's subcontractors, shall be subject to examination by the Minnesota Department of
Transportation Auditor, Stnte Auditor, or the Legislative Auditor, for a minimum of six years from Yhe expiration
date of this Grant Contract.
XI. DATA PRACTICES. GRAN7'EE agrees to comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by STATE in accordance with this
Grant Contract and as it applies to all data created, gathered, generated, or acquired in accordance with
this Grant Contract.
XII. AFFIRMATIVB ACTION. (Far Grant Contracts over $100,000.00.) GRANTEE certifies that it is in
compliance with Minnesota Statutes Section 363.073.
XIII. WORKERS' COMPENSATION. In accordance with the provisions of Minnesota Statutes Section 176182,
STATE affirms that GRANTEE has provided acceptable evidence of compliance with ihe workers'
compensation insurance coverage requirement of Minnesota Stamtes Section 176.181, subdivision 2.
XIV. TI�I2D PARTY CONTRACTS.
A. Federal Procurement Requirements.
GRANTEE agrees to comply with the applicable grocurement requirements of FI'A Circvlaz 4220.1E Third
Party Contracting Requirements.
B. STATE Approval Required.
GRANTEE shali not execute a contract with the subcontractor or otherwise enter znto a binding agreement
until it has first received written approval from STATE's Authoriaed Agent. STATE's Avthorized Agent will
respond to requests from GRANTEE for authorization to subcontract within 10 working days of receiving the
request. GRANTEE's payment to ihe subcontractor shall be made within the [ime limits, subject to the
interest penalty payments, a�d subject to all other provisions of Minnesota Statutes, Section 471.425,
Subdivision 4a.
C. Required Contract Clauses.
Alt contrac[s between GRANTEE and third parties must contain all app]icable provisions of this Grant
Contract. The use of third party contractors does not re]ieve GRAN'I'EE from performing and deiivering the
work stated in this Grant Contract.
2
MnDQT Concract No. 91103 � ��/ �
D. Loca] Procurement Process. r>
GRANTEE will provide STATE with a copy of the procurement po]icy of its goveming body.
E. Disadvantaged Business Enterprise (ABE) Goal.
1. STATE has assigned a DBE goal of 10.A% of the rotal amount of fmancial assistance to GRANTEE
for work under this Grant Contract.
2. GRANT&E agrees to compfy with federal requirements under Title 49 Code of Federal Regulations
Part 26 and the state and federal policy as codified in E�ibit II, Disadvantaged Busi�ness Enterprises
(DBE) Speci¢l Provisions, which is aztached and incorporated into this Grant Contract, to ensure DBE
participauon and nondiscrimination in the award and administration of all third party contracts and
subagreements supported with federal assistance from the U.S.AOT.
3. GRAN'I`EE agrees to include the contents of Exhibit TI, Disadvantaged Business Enterprise (DBE)
Special Provisions in a11 subcontracts and third partp contracu funded under this Grant Contract,
4. GRANTBE agrees to psovide STATE with information about the ]evel of par[icipation by DBEs.
For assistance in complying with STATE's Special Provisions, GRANTEE agrees to contact Michael Plumley,
DBE Sgecialist, MnDOT �ffice of.Civil Rights at (651} 366-3076.
F. Independent Contractor.
Under the terms of this Crrant Contract, GRANI'EE is an independent contractor and retains fuli control over
ffie employment, direct compensation, and dischazge of all persons engaged in work performed its operations.
GRAN'I'EE is solely responsible for all matters relating to payment of employees, including comp]Sance with
social security, payroll taxes and withholdings, unemployment compensation, and ali other regulations
goveming these matters. GRANTEE is responsible for its own acts and those of its subordinates, employees,
and any and all third party contractors during the term of this Grant Contract
XV. TERMINATION
A. Termination by the State.
This Grant Contrac[ may be cancelled by STATE at any time for non-performance under this Gran[ Contract
upon 30 days written notice to the other party. In the event of such cancellation, GRANTEE shall be entitled
to payment for work or services satisfactorily performed prior to the effective date of ternunation.
B. Termination for Insufficient Funding.
The State may immediately terminate this contract if it does not obtain funding from the Federal Transit
AdminisVation; orif funding cannot be continued at a level sufficient to allow for the payment of the services
covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay
for any services that are provided after notice and effective date of termination. However, the Gzantee will be
enutled to payment for services satisfactorily performed to the extent that funds are available. The State will
not be assessed any penalty if the contract is temvnated because of the decision of the Federal Transit
Administration, oot [o appropriate funds. The State must provide the Grantee notice of ihe lack of funding
within a reasonable time of the State's receiving that notice.
XVI. FEDERAL CERTIFICATIONS AND ASSURANCES.
GRANTEE agzees to comply with the 2D07 Annual Lisf of Federal Certifications and Assurances for Federal
TransitAdminzstration Grants, and its subsequent versions, which is attached and incocporated into this Grant
Contract as Exhibit III.
XVII. FBDERAL CONTRACT CLAUSES.
GRANTEE agrees to comply with the following federal requirements, and agrees to require, unless specifically
exempted, subcontractors and third party contractors at every tier to comply with same. These federal contract
clauses have been taken from the current FI'A Best Practices Procurement Manual, Appendix A.
A. ENERGY CONSERVATION REOUIREMENTS
42 U.S.C. 6321 et seq. ; 49 CFR Part 18
MnDOT Contract No. 91103 (�
Aoulicabi)itv to ContracYs I/�'Gg�
The Energy Conservation requirements are applicable to all conVacts.
Flow Down
The Energy Conservation requirements extend to al1 third party contractors and their contracts at every tier and subrecipients and their
subagreements at every tier.
Model ClauselLaneua¢e
No specific clause is recommended in the regu3ations because the Energy Conservation requiremenis are so dependent on the state
energy conservation plan. The following ]anguage has been deve]oped by FTA:
Energy Conservation - The conVactor agrees to comply with manda[ory standards and policies relating ro energy efficienty which
are contained in the state energy conservation ptan issued in compliance with the Energy Policy and Conservation Act.
B. CLEAN WATER REOUIREMENTS
33 U.S.C.1251
E,pp licabilitv to Contracts
The C3ean W ater requirements appfy to each contract and subcontract which exceeds $100,000.
Flow Down
The Clean Water requirements flow dorvn to FI'A recipients and subrecipients at evecy tier.
Modet Clause/Lan2ua2e
While no mandatory clause is contained in the Federal Water Pollution Control Ac[, as amended, the fol]owing language developed by
FTA contalns all the mandatory requirements:
Clean Water -(1) The Contractor agrees [o comply with all applicable standards, orders or regulations issued pursuant to the Federal
W ater Pol(ution Conffol Act, as amended, 33 U.S.C. 1251 et s�. The ConVactor agrees to report each violation to the Pwchaser and
understands and agrees tha[ the Purchaser will, i� tum, report each violation as required ro assure nofification to FTA and the
appropriate EPA Regional Office.
(2) The Contrac[or s(so agrees to include these requirements in each subcontracf exceeding $100,000 financed in whole or m part with
Federal assistance provided by FI'A.
C. LOBBYING
31 U.S.C.1352; 49 CFR Part 19; 49 CFR Part 20
AppliCabilitV to Contracts
The Lobbying requirements apply to ConsvuctionfArchitectural and Engineerin�Acquisition of Rolling Stock/Professional Service
Convact/Operational Service ContracvTurnkey contracts.
Flow Down
The Lobbyrng requ'rrements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5)
and 49 C.FJ2. Part 19, Appendix A, Section 7.
Mandatorv Clause/Laneuaee
Ciause and specific Iang¢age therein aze mandated by 44 CFR Pazt 19, Appendix A.
Modifications have been made to the Clause pursuant to Section ]0 of [he Lobbying Disclosure Act of 1995, P.L. 104-65 [[o be
codified at 2 U.S.C. § 1601, et seg.]
- Lobbying Certificakion and Disclosure of Lobbying Activities for third party conVactors are mandated by 31 U.S.C. 1352(b)(5), as
amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regula[ion, "New Restrictions on Lobbying,"
at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated hy 49 CFR Part 19, Appendix A Section 7, which provides that conVactors file the
certification required by 49 CFR Part 20, Appendix A.
Modificatio�s have been made [o the Lobbying Certification Fursuant to SecUOn 10 of the Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by
"Govemment wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/14/96J is mandated by 44 CFR Part 20,
Appendix A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L.104-65 [to be
codi�ed a[ 2 U.S.C. § 1601, et seq.} - Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 Ck12 pazt 2Q "New Restrictions on Lobbying." Each tier cestifies to the tier above that it wi11 not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting [o influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made Iobbying con[acts on its behalf with non-Federal funds with
MnDOT Contract No. 91103 6 I��" �
respect to that FedeTal contract, grani or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier [o tier up to the
recipient.
APPENDIX A, 49 CFR PART 20—CERTIFICATION REGARDING LOBBYING
Certifica[ion for Contracts, Grants, Loans, and Cooperative Ageements
(To be submitted with each bid or offer exceeding $100,000J
The undersigned [Co�trac[or] certifies, ro the best of his or her knowledge and belief, that
(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
attemp[ing to influence an of�cer or emptoyee of an agency, a Member of Congess, an officer or employee of Congress, or an
employee of a Member of Congress in connection with [he awarding of any Federal contract, the making of any Federat grant, the
making of any Federal ]oan, the entering into of aay cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, gant, loan, or coopera[ive agreemen[.
(2) If any funds other [han Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to 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 contrac[, grant, loaq or cooperative agreement, the undersigned shall comple[e and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its insWctions [as amended by "Govemment wide
Guidance for New ResVictions on Lobby3ng," 61 Fed. Reg. 1413 ( I/19/96). Note: Language in paragraph (2) herein has been
modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified a[ 2 U.S.C. 1601, et
seq.)]
(3) The undersigned shall require that the ]anguage of ihis ceriification be included in the award documents for all subawards a[ all
tiers (including su6conVaczs, subgrants, and contracts under gants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certifica[ion 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, L3.S.C. § 1352 (as
amended by [he Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civi]
penal[y of not less than $10,000 and not more than $100,000 for each such failure.
[No[e: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expendi[ure or fails to fiie or amend a required
certifica[ion or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,00Q for each such
expenditwe or failure.]
The Contrac[or, , certifies or affirms the Wthfulness and accuracy of each statement of its certification and
disclosure, if any. 3n addition, the Contractor unders[ands and agrees [hat the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
Signature of Contractors Aothorized Official
Name and Title of Contractor's Authorized Officiai
Date
D. ACCESS TO RECORDS AND REPORTS
A9 U.S.C. 5325;18 CFR 15.36 (i); 44 CFR 633.17
Applicability to Contracts
Reference Chart "Requiremenrs Por Access to Records and Reports by Type of Contracts"
F7ow Down
FI"A does not require the inclvsion of these requ'uements in subconvacts.
Model Clause/Lancua¢e
The specified language is not mandated by the statutes or regulations referenced, but [he language provided paraphrases the statutory
or regulatory ]anguage.
Access to Rewrds - The following access to records requvements apply [o this Contract:
I. Where the Purchaser is not a State but a Iocal government and is the FTA Recipient or a subgraniee of the FI'A Recipient in
accordanca with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General
of ffie Un9ted States or any of [heir authorized represen[atives access to any books, documents, papers and records of the Contracror
which are directly pertinent to this contrac[ for the purposes of making audiis, examinations, excerpts and transcriptions. ConVactor
also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO
MnDOT Convact No. 91103 ° �
Contractor access to Contractors records and constructlon sites pertaining to a major capital project, defined a[ 49 U.S.C. 5302(a)I,
which is receivin� federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. -Where the Purchaser is a State and is the FI'A Ruipient or a subgrantee of the FI'A Recipient in accordance with 49 CF.R.
633.17, Contractor agees to provide the Purchaser, the FfA Administrator or his authorized representatives, inc]uding any PMO
Contractor, access to the Contractor s ruords and consvuction sites pertaining to a major capital project, defined a[ 49 U.S.C.
5302(a)1, which is receiv3ng federal financial assistance through the programs described at 49 U.S.C. 53Q7, 5309 or 5311. By
definiGon, a major capital projec[ excludes contracts of less chan the simplified acquisition threshold cwrently set at $100,000.
3. Where the Purchaser eoters into a negotiated conVact for other than a small purchase or under [he simplified acqulsition threshold
and is an institution of higher educauon, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
Fi'A Recipient in accotdance with 49 C.F.R. 19.48, Contracror agrees to provide the Purchaser, FTA Administrator, the Comptsoller
General of the United States or any of their duty authorized representatives with access to any books, documents, papers and fecord of
[he Contractor which are diru8y pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions.
4. Where any Pwchaser which is [he F'tA Recipien[ or a subgrantee of the F1'A Recipient in accordance with 49 U.S.C. 5325(a)
enters into a convact for a capital project or improvement (defined at 49 LI.S.C. 5302(a)1) through olher than competitive bidding, the
Contractor sha11 make available records related to the contract to the Purchaser, the Secretary of Transportation and the Compuoller
Genera) or any authorized officer or employee of any of them for ihe purposes of conducting an audit and inspection.
5. The Contractor agrees ro permit any of the foregoing parties to reproduce by any means whatsoever or [o copy excerpts and
vanscrip[ions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this convact for a period of not less than
three yeazs after the date of terntination or expiration of this conVact, except in [he event of litigation or settlement of claims arising
from the performance of this contract, in which case Contractor a�ees to maintain same until the Purchaser, the FTA Adminishator,
the CompVoller Generat, or any of their duly authori2ed representaflves, have disposed of a{I such litigation, nppeals, claims or
exceptions related [hereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require ihe inclusion of these requirements in subcontracts.
Requirements for Access to Records and Repotts by Types of Contract
� Contract 3. " � §""' aU�i� ��- UTnk��i �"" eCo�i9 ��k oh �„�c1�Tectt7P � � •'�`� " � ..: ��: `�.
��� ` ` ��� � � � �,� z +�� gdtsicton �'�`� . � a k ,.
� Characteristic �r� g v��1C � � � ` � a,„ � .� � ,� ;�^� ,,�����.� .. �.p�{��� �� �: F',s,, � � `�"`�
� 3 � _ �' QhCl�3.G E �. � �� �& :� �`�. �.u.a e �. �,... � t'' k£ r � � ��`r�t0"C x � r �
�j mk -
. a'.`-. �:?��'� �.�� "1w* �','�.,,. � � �.Y�'
I StaCe Grantees �;� '
�;�� None � Those None None ' None ; None �
� a. Contracts ' , imposed on '
below SAT N'�' state pass thru
($100,000 ��"
) �s;€ None � to Contractor Yes, if non- • None untess ` None unless .' None unless ;
w un]ess� � competitive �, non- - non- , non-
b. Contracts �'�. non- , award ot if . competitive � competitive � competitive �
above competitiv funded thm , awazd awazd awacd
$100,0001Capit �� e award , 5307/5309/5 ;
al Projecu 311
II Non State ��' '
° Grantees ^�° � Those �
'�E Yes � imposed on Yes Yes ' Yes Yes
;s�
a. Contracts � non-state i
below SAT �' Yes' � Grantee pass Yes � Yes � Yes Yes
($100,000) � ' thru to
b. Contracts �� Contractor
above �
' $100,00C1lCapst �_
al Projects ��'
Sources of Auchority:
' 49 USC 5325 (a)
�49 CFR 633.17
� ] 8 CFR 1836 (i)
E. FEDERAL CHANGES
49 CFR Part 18
MnDOT Contract No. 91103 1�� �, ��
ApplicabiIitv to Contracts �� �
The Federal Changes xequirement applies to all contracts.
F3ow Down
The Federa] Changes requiremen[ flows down appropriately [o each applicable changed requirement.
Model Clause/Laneua2e
No specific language is manda[ed. The following language has been developed by FI'A.
Federal Changes - Contracior shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without ]imitation those listed directly or by reference in the Master Ageement between Purchasex and FTA, as they may be
amended or promulgated from time to time during the term of this conVacC Contractor s failure to so comply shall constitute a
material breach of this conVact.
F. CLEAN AIR
42 U.S.C. 7401 et seq; 40 CF7215.61; 49 CFR Part 18
Applicabilitv to ContracLs
The CJean Air requirements apply to all conVacts exceeding $100,000, including indefinite quan[ities where the amount is expected ro
exceed $100,000 in any year.
Flow Dowa
The Ctean Air requirements flow down to all subconvacts which exceed $100,000.
Modei ClauseslI,aneua�e
No specific language is reqvired. FTA has proposed the fol]owing language.
Clean Air -(1) The Contractor agrees to comply with a11 applicable standards, orders or regulations issued pursuant to the Clean A9r
Act, as amended, 42 U.S.C. §§ 7401 et s�. The ConVactor agrees to report each violation to the Purchaser and understands and
agtees thatthe
Pvrchaser will, in turn, report each violation as required [o assure nohfication to FTA and the appropriate EPA Regional Office.
(2) The ConVactor also agees to include Ihese requvements in each subconVact exceeding $100,000 financed in whole or in part with
Federai assistance provided by FI'A.
G. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Anpiicabilitv to Contracts
Applicable to al] contracts.
Flow Down
No[ required by statute or regulation for either primazy contractors or subcontractors, this concept should flow down to all levels to
ciarify, to all parties ro the contract, that the Federal Govemment does not have contractual liability to third parties, absent specific
written consent.
Model Clause/Lanauaee
While no specific language is required, FI'A has developed the following language.
No Obligation by the Federal Gavernment.
(I) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Govemment in or
approval of the solicitation ot award of [he underlying contract, absent the express wri[[en consent by the Federal Government, the
Federal Government is not a party to this conttact and shall not be subject to any obligations or ]iabilities to the Purchaser, Contractor,
or any other party (whe[her or no[ a party ro that contract) pertaining to any matter resulting from the undertying contract.
(2} The Contractor agrees to include [he above clause in each subcontract financed in whole or in part with Federa{ assistance
provided by FTA. It is further agreed ffiat the clause shai3 not be modified, excep[ to iden[ify the subconVactor who will be subject to
its provisions.
31 U.S.C. 3801 et seq.; 49 CFR Part 31 18 U.S.C.1001; 49 U.S.C. 5307
Applicabilitv to Contracts
These requirements are applicab]e to al] contracts.
Flow Down
These requirements flow down to contractors and subwntractors who make, present, or submit covered claims and statements.
Model Clause/LaneuaQe
These requirements have no specified language, so FTA pxoffers the following ]a�guage.
Program Fraud and False or Fraudulent StatemenLs or Re}ated Acts.
(i) The Contractor acknowledges that the provisions of the Program Fxaud Civil Remedies Act of 198fi, as amended, 3] U.S.C. § 3801
et s�. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execu[ion of the underlying contsact, the Contractor certifies or affirms the tru[hfulness and accuracy of any statement i[ has
made, it makes, it may make, or causes to be made, pertaining to the underly3ng contraci or the FTA assisted project for which Ihis
contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
MnDOT Contract No. 91103 �`�� j
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government
reserves [he right [o impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contracior [o the extent the Federat Govemment deems appropriate.
(2) The Contractot alsa acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submiss'ton, os certi5cation to the Federal Govemment under a convact connected with a project that is financed in whole or in part
wi[h Federal assistance original3y awarded by FTA under the authority of 49 U.S.C. § 5307, the Govemment reserves the right to
]mpose the penalties of 18 U.S.C. § 1001 and 49 U,S.C. § 5307(n)(I) on the Convactor, to the extent the Federal Government deems
appropriate.
(3) The ConVactor agrees to include the above two clauses in each subcQntract financed in whole or in part with Federal assistance
provided by FTA. It is further agteed that the clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
1. TERMINATION
49 U.S.C. Part 18; FTA Circular 4220.IE
Applicabilitv to Contrncts
All contracts (with the exception of contracu with nonprofi[ organiza[ions and instimtions of higher educa[ion,) in excess of $10,000
shali contain suitable provisions for tennination by the grantee including the manner by which it will be effected and the basis for
settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $106,000.) In addition,
such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the
conVact may be termina[ed because of circumstances beyond [he control of the conffactor.
Flow Down
The [emunation requirements flow down to a[[ contrac[s in excess of $10,Q00, with the exception of contrac[s with nonprofit
organizations and institutions of higher learning.
Model Clause/LanQUaee
FTA does not prescribe [he form or content of such clauses. The following are suggestions of clauses to be used in differen[ types of
conVacts:
a. Termination for Convenience (General Provision) The (Recipient) may terminate Ihis contract, in whole or in part, at any time
by written no[ice tn the Contractor when it is in the Government's best interesL The Conhactor shall be paid its costs, including
convact close�out costs, and profit on work performed up to the dme of termination. The Convactor shall pramptly submit its
termination claim to (Recipient) to be paid the Contractor. If the Conixactor has any property in its possession belonging to the
(Recipient), the Contractor wi31 account for the same, and dispose of it i� the manner the (Recipient) directs.
b. Termination for DeFault [Breach or Cause] (General Provision) If the Contracror does not deliver supplies in accordance with
the contract delivery schedule, or, if Ihe contract is for services, the Contractor fails to perform in the manner called for in the contract,
or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contrxt for default.
Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is
in deFault. The contractor wili only be paid the contract price for supplies de3ivered and accepted, or services performed in accordance
with the manner of performance set forth in the contract.
If it is later determined by Ehe (Recipient) that the Contractor had an excusable reason for not perfomvng, such as a svike, fire, or
flood, events which are not the fault of or are beyond [he conVOl of Ihe Contractor, the (Recipient), afrer setting up a new delivery of
pedormance schedule, may allow the Contracror to continue work, or treat the termination as a termination for convenience.
c. Opportun'sty to Cure (General Provision) The (Recipient) in 'sts sole discretion may, in the case of a termination for breach or
defauSt, allow the Contractor [an appropriately short period of time) in which to cure the defect. In such case, [he notice of [ermination
will state the time period in which cure is permitted and o[her appropriate co�ditions
If ConVactor fails ro remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenan[s, or conditions of this
Contract within [ten (10) days] after receipt by ConVactor of written votice from (Recipient} se[ting forth the nature of said breach pr
defau]t, (Recipient) sha11 have the right to terminate the Contracc without any furchu ob(igation to Conuactor. Any such termination
for defauIt sha11 not in any way operate to preclude (Recipient) from also pursu'rng all available remedies against Contractor and its
suceties for said breach or defnult.
d. Waiver oP Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any
covenan[, term or condition of this Contrac[, such waiver by (Recipien[) shall not ]imit (Recipient)'s remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Convact.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate
this contract, in whole or in part, wnen it is in the Government's interest. If this contract is terminated, the Recipient shall be liabte
only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
f. Termination for Aefault (Svpplies and Service) If the Contractor fails ro deliver supplies or to perform ffie services witttin the
time specified in this contract or any ex[ension or if the Contractor fails to comply with any other provisions of th�s contract, the
(Recipient} may terminate this contrac[ for defaulL The (Recipient) sha11 tetminate by delivering to the Contractor a Notice of
Termination specifying the nature of the default. The Contractor wi11 only be paid the contract price for supplies delivered and
accepted, ox services performed in aecoidance with the manner or performance set forth in this conVact.
If, after Cermination for failure ro£ulfill eontract obligations, it is determined that the Confractor was not io default, the rights and
obligations of the parties shall be Ihe same as if [he termination had been issued for the convenience of the Recipient.
MnDOT Contract No. 91103 �d��� v�
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services,
mduding delivery services, within the time specified in this contract or any extension or if the Convac[or fails to comply with any
other provisions of ihis contract, the (Recipient) may terminate this contract for default. The (Recipient) shati terminate by delivering
to the Contractor a Notice of Temnnation specifying the nature of default. The Contractor will only be paid the conttact price for
servsces perSormed in accordance with the manner of performance set forth in this contract.
If Ihis contract is terminated while the Contractor has possession of Recipieni goods, the Contractoc shall, upon direction of the
(Recipient), pro[ect and preserve [he goods unii] surrendered co the Recipient or its agenL The Contractor and (Recipien[) shall agree
on payment for the preservation and protection of goods. Failure to agree on an amount wiil be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligalions, it is determined that the Contractor was not in default, the rights and
ohligations of the parties shall be the same as if the termination had been issued for [he convenience of the (Recipient).
h. Termination for Default (Construction) If the Contracror refuses or fails to prosecu[e the work or any separable part, with the
diligence that will insure its completion w9[hin the time specified in this contract or any extension or fails to complete [he work within
this time, or if the Convactor fails to comply with any other provisions of Ihis contract, the (Recipien[) may terminate this conVact for
default The (Recipient) shall terminate by delivering to the Conhactor a Notice of Termination specifying the nature of the default.
In (h'ss event, the Reeipient may take over the work and compete it by conVac[ or otherwise, and may take possession of and use any
materials, appliances, and plant on the work site necessary for wmpleting the work. The Contractor and its sureties shall be liable for
any damage ro the Recipient resulting from the Conuactor's refusal or failwe ro complete the work within specified time, whether or
not the Contractor's right [o proceed with the work is [erminated. This liability includes any increased costs incurred by the Recipient
in completing the work. �
The Contracior's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-
I. the delay in completing the work arises from unforeseeab(e causes beyond the control and withoui the fault or neg3igence of the
Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a
contract with the Recipient, epidemics, quaran[ine restrictions, strikes, freight embargoes; and
2. the contractor, wi[hin []0] days from the beginning of any delay, notifies the (RecipienQ in wri[ing of the causes of delay. If in the
judgment of the (Recipient), the delay is excusable, the time for completing the work sha11 be extended. The judgment of the
(Recipient) shall be final and conclusive on the pazties, but subject to appeal under the Disputes clauses.
If, afrer termination of the ConVactoi s right ro proceed, it is deternvned that [he Con[ractor was not in defaul[, or tha[ the delay was
excusable, the rights and obtigations of the parties will be ffie same as if the tertnination had been issued for the convenience of the
Recipient.
i. Termi»ation for Convenience or Defauit (Architect and Engineering) The (Recipient) may terminate this contract in whole or
in part, for the Recipient's comenience or because of the failura of the Contractor to fulfill fhe convact obligations. The (Recipient)
shall terminate by delivering to the Contracror a Notice of Termination specifying the nature, extent, and effective da[e of the
termination. Upon receipt of the notice, the Contractor shal] (1) immediately discontinue all services affected (unless the notice
directs otherwise}, and (2) deliver to the Contracting Officer a]] data, drawings, specifications, reports, estimates, summaries, and
other information and materials accumula[ed in performing this contract, whether completed or in process.
If the termination is for the convenience of the Racipient, the Contracting Officer shali make an equitable adjustment in the contract
price but shall altow no anticipated profit on unperformed services.
If the termination is for failure of the Contracror to fulfill the contract obligations, the Recipient may complete the work by contact or
otherwise and the Contractor shall be liable for any additional cost incurred by [he Redpient.
If, after termination for failure to fulfill contract obliga[ions, i[ is determined that the Contractor wns not in default, the righCS and
o6ligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of
it, by serving a no[ice or termination on the ConVactor. The no[ice shail s[ate whether [he termination is for convenience of the
(Recipien[) or for the default of the Contracror. If the termina[ion is for defaul[, the notice shall state the manner in which the
conVactor has failed to perForm the requirements of the contracL The Contractot shall account for any property in its possession paid
for from funds received from the (Recipient}, or ptoperty supplied to ihe Contractor by the (Recipient). If the terminauon is for
default, [he (Recipient) may fix the fee, if the contract provides fot a fee, to be paid the con[ractor in propoztion to the value, if any, of
work performed up to the time of Eermina[ion. The Contractor shall promptly submit its termination claim to khe (Recipient) and [he
parties shall negotiate Ehe termination setflement to be paid the Contractor.
If the termina[ion is for the convenience of the (Recipient), the Contractor shall be paid its conVact c2ose-out costs, and a fee, if the
contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, afrer serving a notice of temilnation for default, the (Recipient) de[ermines that the Concractor has an excusable reason for not
performing, such as sVike, fire, flood, events which are not the fault of and are beyond the wnffol of the Gontractor, the (Recipient),
after setting up a new work schedule, may ailow the Contractor to continue work, or treat the termination as a termination for
convenience.
J. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
BackQround and Annlicabilitv
MnDOT Contract No. 91103 �/ � ���
In con�unction with the Office of Mana�ement and Budge[ and other affected Federal agencies, DOT published an update to 49 CFR
Part 29 on November 26, 2003 This govemment-wide regulation implements Executive Order 12549, Debarmenr and Suspension,
Executive Order 12689, De6armenr and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as
any contract or subconVact (at any level) for Federally required auditing services. 49 CFR 29220(b). This represents a change from
prior practice in that the dollar threshotd for application of these rules has been ]owered from $100,000 to $25,000. These are
contracLS and subcontracts referred to in the regulation as "covered transactions"
Grantees, contractors�, and subcontractors (at any ]evel) that enter into covered transactions are required to verify that the entity (as
well as its principals and affiliates) they propose to contract or subconiract wi[h is no[ excluded or disqualified. They do this by (a)
Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition ro the
contract or subconvact This represents a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the entit�es they contract with to
comply wi[h 49 CFR 29, subpart C and include this requirement in their own subsequent covered Vansactions (i.e., the requirement
flows down to subconvacts at all levels).
Clause Laneuaee
The following clause language is suggested, not manda[ory. It incorpora[es the optional method of verifying [hat convactors are not
excluded or disqualified by certlfication.
Suspension and Debarment
This conVact is a covered transaction for purposes of 49 CFR Part 29. As such, the conVactor is required to verify
ihat none of ffie contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905,
are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contrac[or is required to comply with 49 CFR 29, Subpart C and must include the requirement ro comp{y with
49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, [6e bidder or proposer certifies as follows:
The cerCification in this clause is a ma[eria] representation of fact re]ied upon by {insert agency name}. If i[ is ]ater
determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to (insert agency name}, the Federal Govemment may pursue availab]e remedies, inc]uding but no[
limited to suspension andlor debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR
24, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offe�. The
bidder or proposer further agrees to include a provision requiring such compliance in its ]ower [ier covered
Vansactions.
K. CIVIL RIGHTS REOUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000; 42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332; 29 CFR Part 163Q 41 CFR Parts 60 et seq.
Applicabilitv to Contracts
The Civil Righls Requirements apply to al] contracts.
Flow Down
The Civil Rights requirements flow down to all third party contrac[ors and their contracts a[ every tier.
Model Clause/Laneuaee
The following clause was predica[ed on language con[ained a[ 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text.
Civil Rights - The fo]lowing requirements apply ro the underlying contract: .
(1) Nondiscrimination - In accordance with Title VI of the Civi] Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age
Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans wi[h Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal vansit law at 49 U.S.C. § 5332, the Contracior agrees that ii will not discriminate against any emp]oyee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees [o
comply with applicable Federal imp]ementing regulations and other implementing requirements FTA may issue.
(2) Equal Emplovment Onportunitv - The following equal employment oppormnity requiremenu apply to the underlying contract:
(a) Race, Color. Creed, National Oriein, Sex - In accordance with Title VII of [he Civil Rights Ac[, as amended, 42 U.S.C. § 2000e,
and Federal transit ]aws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Departmeat of Labor (U.S. DOL) regu]ations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et s�., (which implement Execu[ive Order No. I 1246, "Equa]
Employment Oppor[unity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federa] statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken m the course of the Project. The Conuactor agrees to
take affirmative action to ensure [hat applicants are emp]oyed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall inc}ude, but no[ be ]imited to, the following: employment,
10
MnDOT Contract No. 91103 G' ����
upgrading, demotion or transfer, recruitment or recruitment advertising, ]ayoffor termination; rates of pay or other forms of
compensation; and selection for. vaining. including apprenticeship. In addition, the Contractor agrees to comp]y with any
implementin� reqnirements FI'A may issue. � �
(b) �- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and
Federa] transit law at 49 U.S:C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabili[ies Ac[, as amended, 42 U.S.C. § 12112, the
Convactor agrees that it will comply with the requiremen[s of U.S. Equal Employmen[ Opportunity Commission, "Regula[ions to
Implement the Equal Employment Provisions of [he Americans with Disabilities Act," 29 C.F.R. Part 163Q pertaining to employment
of persons with disabilities. In addition, the Contractor a�ees to comply with any implementing requiremenis FTA may issue.
(3) The Conuac[or also agrees to inclade these requirements in each subconvact financed in whole or fn part wi[h Federai assistance
provided by FI'A, modified only if necessnry to identify the affected parties.
L. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Back¢round and Applicabilitv
The newest version on [he Departmen[ of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July
16, 2003. The rule provides guidance to grantees on the use af overall and conVact goals, requirement to inclvde DBE provisions in
subconVacts, evaluating DBE participation where specific conVact goals have been set, repor[ing requirements, and replacemen[ of
DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage)
applicab]e to aIl subconVactors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all
conVacts above the micro-purchase level. The requirements of clause subsection b flow down [o subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee
choices conceming retainage should be reflected i� the language choices in clause subsection d.
Clause Lanaua2e
The following dause ianguage is suggesied, no[ mandatory. lt incorporates the payment terms and condi[ions applicable to all
subcontractors based in Part 26 as well as those related only ro DBE subcontractors. The suggested language allows for the op[ions
available to grantees concerning retainage, specific contract goals, and evalnation of DBE subcontracting participation when specific
contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regu]ations, Part 26, Panicipadon by Disadvantaged
Business Enterprises in Department of Transportarion Financial Assistance Programs. The na[ionai goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency's overaU goal for DBE participa[ion is _%. A separate convact
goal [of _% DBE participation has] [has not] been esfablished for this procurement.
b. The convactor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and adminisVation of this DOT-assisted conVact.
Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the [ermination of
this conhact ox such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the asswance in this paragraph (see A9 CFR 26.13(b)).
c. {If a separate corztract goal has 6een established, use the fol[owing} Bidders/offerors aze required to document sufficient DBE
participation to meet these goals or, a]tematively, document adequate good faith efforts to do so, as provided for in d9 CFR 26.53.
Award of this contract is conditioned on submission of [he following [concurrent with and aceompanying sealed bid) [concurrent
with and accompanying an initial proposal] [prior to award):
1. The names and addresses of DBE firms that will participate in ffiis conVac[;
2. A description of the work each DBE will perform;
3. The dollar amount of the participa[ion of each DBE firm participating;
4. Written documentation of the bidder/offeror's commitment [o use a DBE subcontractor whose participation it submits to meet
the contrac[ goal; �
5. Written confirmation from the DBE that it is partfcipating in the contract as provided in [he pnme contractor's commitmen[; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerors) must present the information required above [as a matter of responsiveness) [with initial proposals] [prior to
contract award] (see 49 CFR 26.53(3)).
11
MnDOT Convact No. 91103 �� /� � �
{]f no separate contraci goal has been established, use Ihe jollowingJ The successful bidder/offeror will be required to report its
DBE participation obtained through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related ro chis contract for satisfactory performance of that
work no later than 30 days after the contractor's receipt of payment for that work from the {insert agency name}. In addition, [the
contractor may not hold retainage from itr subcontractors.J [is required to return any retainage paymenis to those
subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily compieted.] [is required
to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's
work by the {insert agency name} and contractor's receipt of the partial refainage payment related to the subcontrac[or's
work.]
e. The contracror must promptly notify {insert agency name}, whenever a DBE snbcontractor performing work re]ated to this
conuact is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subconVactor to
perform at least [he same amoant of work. The con[rac[or may not termina[e any DBE subconVactor and perform that work
through its own forces or those of an affiliate without prior written consent of {insert agency name}.
M. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 42201E
Applicabilitv to Contracts
The incorporation of FI'A terms applies to all convacts.
Ftow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Laneuaae
FI'A has developed the following incorporation of terms language:
Incorporation of Federal Transit Admi�istration (FTA) Terms - The preceding provisions include, in part, certai� Standard Terms
and Conditions required by DOT, whether or no[ expressly set forth in Ihe preceding contract provisions. All contractua] provisions
required by DOT, as set forth in FTA Circular 42201E, aze hereby incorporated by reference. Anything to the contrary herein
notwithstanding, ali FTA mandated terms shall be deemed to conVOl in ihe even[ of a conflic[ with other provisions contained in ihis
Agreement. The ConVactor shall not perform any ac[, fail to perform any act, or refuse [o comply with any (name of grantee) requests
which would cause (name of grantee) to be in violation of [he FI'A terms and conditions.
N. BUY AMERICA REOUIREMENTS
49 U.S.C. 5323(j); CFR Part 661
Auulicabilitv to Contracts
The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Roiling
Stock (valued at more than $100,000).
Flow Down
The Buy America requirements flow down from FTA recipien[s and subrecipients to first tier contractors, who are responsib]e for
ensuring that lower tier con[ractors and subcontractors are in compliance. The $100,000 threshold applies only ro the grantee contract,
subcontracts under that amount are subject ro Buy America.
Mandatorv Clause(Lanzuaee
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but
does not specify the language to be used. The foI]owing language has been developed by FTA.
Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 GF.R. Part 661, which provide that Federal funds may
not be obligated unless s[eel, iron, and manufactured products used in FI'A-funded projects are produced in the United Siates, unless a
waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 GF.R. 661.7, and
include fina] assembly in the United States for IS passenger vans and 15 passenger wagons produced by Chrysler Corporation, and
microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.I 1. Rolling stock must be assembled in the United States and have a 60 percent domestic content.
A bidder or offeror must submit to [he FTA recipient [he appropriate Buy America certification (below) with all bids or offers on
FTA-funded contracts, except [hose subject to a genera] waiver. Bids or offers Iha[ are not accompanied by a comp]eted Buy America
certification must be rejected as nonresponsive. This requirement does no[ apply to lower tier subconGactors.
Certification requirement for procurement of steei, iron, or manufactured products. ,
Certifecate of Compliance with 49 U.S.C. 5323(j)(I )
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MnDOT Contract No. 91103 �� �� °J �
The bidder or offeror hereby certifies that it wil] meet the reqmrements of 49 U.S C. 5323(j)(1) and the applicable regulations in 49
C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate ofNon-Campliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but i[
may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title �
Certification reqairement for procurement oF buses, other rolling stock and associated equipment
Cenifecate of Compiiance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49
C.F.R.Part 661.11.
Date
Signature
Company Name
Title
Certifzcate ofNon-Campliance with 49 U.SC. 5323(j)(2)(C)
The bidder or offetor hereby certifies that it cannot comply with the requiremen[s of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11,
but may qualify for an exception pwsuant Co 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date
Signature '
Company Name
Title
O. SEISMIC SAFETY REOUIREMENTS
42 U.S.C. 7701 et seq.; 49 FR Part 41
Applicabilitv to Contracts
The Seismic Safety requirements app]y only [o contrac[s for the consVUCtion of new buildings or additions to existing buildings.
Flow Down
The Seismic Safety requirements flow down from F"I'A recipients and subrecipien[s to first tier conVactors to assure compliance, with
the applicable building siandards for Seismic Safety, i�cluding the work performed by a11 subconvactors.
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MnDOT Contract No. 91103 �/ ( ��
Model Clauses/Lan2uage
Tfie regWations do no[ provide suggested language for third-party wntract clauses. The foliowme language has been developed by
FTA. "
Seismic Safety - The contractor agrees that a�y new building or addition to an existing building will be designed and consvucted in
accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part
41 and wi]] certify to compliance to the exten[ required by [he regulation. The conVactor also agrees [o ensure [hat all work performed
under this conVact including work performed by a subcontractor is in compliance with the siandards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
P. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Baclteround and Anplication
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 8�4. The Acts apply to graniee construction
contracts and subconVacts that "a[ ]east partly are financed by a loan or gan[ from the Federal Government." 40 USC 3145(a), 29
CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 55(a).
`Construction,' for purposes of [he Acu, inciudes "actual consvucvon, alteration and/or repair, including painting and decorating." 29
CFR 55(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.1 I) enumerated at 29 CFR S.5(a) and
reproduced below.
The clause language is drawn directly from 29 CFR 55(a) and any deviation from the model c]ause below should be coordina[ed with
counse] to ensure the Acts' requirements are satisfied.
Clause Lanauaee
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages -(i) All laborers and mechanics employed or working upon the site of the work (or under [he United States
Housing Act of 1937 or under the Housing Ac[ of 1949 in the construction or development of [he project), will be paid
unconditionally and no[ less often than once a week, and without subsequent deduction or rebate on any accouni (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount
of wages and bona fide fringe benefiLS (or cash equivalents thereo� due at time of payment computed a[ rates not less than those
contained in [he wage determination of the Secretary of Labor which is attached here[o and made a part hereof, regardless of any
conVactual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
ConVibutions made or costs reasonably anticipated for bona fide fringe benefi[s under section 1(b)(2) of the Davis-Bacon Ac[ on
behalf of laborers or mechanics are considered wages paid to such ]aborers or mechanics, subject to the provisions of paragraph (1)(iv)
of this section; also, reg�lar contribulions made or costs incurred for more than a weekly period (but no[ less often than quarterly)
under p]ans, funds, or programs which cover the par[icular weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid the appropria[e wage ra[e and fringe benefi[s on the wage
detertnination for the classification of work actually performed, without regazd to skill, except as provided in 29 CFR Part 5.5(a)(4).
Laborers or mechanics performing work in more [han one classification may be compensated a[ [he rate specified for each
classification for the time actually worked therein: Provided, That the employei s payroll records accurately set forth [he [ime spent in
each classification in which work is performed. The wage determination (including any additional classifications and wage rates
conformed under paragraph (1)(ii) of this section) and [he Davis-Bacon poster (WH-1321) shall be pos[ed at all times by the
contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easi]y seen by the workers.
(ii)(A) The contracting officer shall require [hat any class of laborers or mechanics, including helpers, which is not listed in the wage
determination and which is [o be employed under the con[ract shall be classified in conformance with the wage detemunation. The
conVac[ing officer shall approve an additional classification a�d wage rate and fringe benefits therefore only when the following
criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by [he classification requested is not
performed by a classifica[ion in the wage determination; and
(2) The ctassification is utitized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable retationship to the wage rates contained in the
wage determination; and
(4) With respect ro helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in [he area in which the work is performed.
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MnDOT Contract No. 91103 b 1�D�
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their represen[atives, and the
contracting officer agee on the classification and wage rate (inciuding the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer ro the AdminisVator of the Wage and Hour Division, Employment
Standards Administration, U.S. Deparcment of Labor, Washington, DC 20210. The Administrator, or an zuthorized representative,
will approve, modify, or disapprove every additionai classificaUOn ac[ion within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer wi[hin the 30-day period that additiona] time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the
contracting o�cer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer sha11 refer the questions, including Ihe views of atl interested parties and the
recommendation of the wntracting officer, to the Adtninisvator for determination. The Administrator, or an authorized
representative, will issue a deternunation within 30 days of receipt and so advise [he conVacting officer or will notify the contracting
officer within the 30-day period t6at additional time is necessazy.
(D) The wage rate (including fringe benefi[s where appropriate) detemdned pursuant to paragraphs (a)(I)(ii) (B) or (C) of this section,
shall be paid ro all workers performing work in [he classification under [his conVact from the firs[ day on which work is performed in
the c]assification.
(iii) Whenever the minimum wage rate przscribed in [he contract for a class of laborers or mechanics indudes a fringe benefit which is
no[ expressed as an hourly rate, ffie contrac[or shall either pay the benefit as stated in the wage determination or shall pay another bona
fide fringe bene6t or an houxly cash equivalent thereof.
(iv) If the contractor does not make payments to a Wstee or other third pezson, the contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,
Provided, Tha[ [he Secretary of Labor has found, upon the written xequest of the contracror, that the applicable standards of the Davis-
Bacon Act have 6een met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting
of obligations under [he plan or program.
(v)(A) The contracting officer shall require that any c]ass of laborers or mechanics which is not listed in [he wage determination and
which is to be employed under the conVac[ shall be classified in conformance with the wage determinatson. The contracting officer
shall approve an additional classification and wage rate and fringe benefi[s therefor on]y when the following criteria have been meC
(1) The work to be performed by the classification requested is not performed by a ciassifica[ion in the wage determination; and
(2) The classi£cation is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the
wage determination. .
(B) Jf the conVactor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the
contracting officer agree on the classification and wage ra[e (including the amount designated for fringe benefi[s where appropriate), a
report of the action take� shall be sent by the conVacting officer to the Administrator of the Wage and Hour Division, Employment
Standards Administration, Washing[on, DC 20210. The Administrator, or an authorized representa[ive, will approve, modify, or
disapprove every additionat classification action within 30 days of receipt and so advise the contracting officer or will notify the
conttacting officer within the 30-day period that additional time is necessazy.
(C) In the event the contractot, the laborers or mechanics to be employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer the questions, including the views of all interested parties aad the
recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additionat time is necessary.
(D) The wage ra[e (including fringe benefits where appropria[e) determined pursuant to paragraphs (a)(I)(v) (B) or (C) of this section,
shall be paid to all workers performing work in the �
classification under this contract from the first day on which work is performed in the dassification.
(2) Withholding - The [ inserd name ofgrantee ] shall upon i[s own action or upon written request of an authorized representahve of
the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with
l5
MnDOTContractNo.91103 ��/���
the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevai]ing waze requiremen2s, which is
held by the same prime convactor, so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcon[ractor the full amount of wages
required by the contraci. In the event of failure [o pay any laborer or mechanic, including any apprentice, trainee, or helper, employed
or working on the site of the work (or under the United States Housing Act of 1937 or under the Housmg Act of 1949 in the
consvuction or devetopment of the project), all or part of the wages required by the contract, the [ insen name ojgrantee ] may, after
written notice to the convactor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records -(i) Payrolls and basic records relating thereto shall be maintained by the conuactor during the course
of the work and preserved for a period of three years thereafter for a11 laborers and mechanics working at the site of [he work (or under
the United Stztes Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the projec[). Such
records shall contain the name, address, and social security number of each such worker, his or her conect classification, hourly ra[es
of wages paid (including rates of contributions or costs an[icipated for bona fide fringe benefits or cash equivalents thereof of the
types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever [he Secretary of Labor has found under 29 CFR 5.5(a)( I)(iv) tha[ the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)
of the Davis-Bacon Act, [he conVacror shall maintain records which show [hat the commitment to provide such benefits is
enforceable, tha[ the plan or program is financially responsible, and [hat the plan or program has been communica[ed in writing [o the
laborers or mechanics affected, and records which show the cos[s anticipated or [he actual cost incurred in providing such benefits.
Contractors employing apprentices or Vainees under approved programs shall maintain written evidence of the registra[ion of
apprenticeship pro�ams a�d certification of trainee programs, the xegistration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicabie programs.
(ii)(A) The convactor shal] submit weekly for each week in which any contract work is performed a copy of all payrolls [o the [ insert
name of grantee } for Vansmission to the Federal Transii Administralion. The payro]Is submitted shaVl set out accurately and
completely all of the informauon required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information
may be submitted in any form desired. Optional Form WH347 is available for [his purpose and may be purchased from [he
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Prin[ing Office, Washington, DC 20402.
The prime contractor is responsible for the submission of copies of payrolls by a11 subconVactors.
(B) Each payroll submitted shal] be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his or
her agent who pays or supervises the payment of [he persons empioyed under the contract and shall certify [he following:
(1} That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations,
29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helpex, apprentice, and Vainee) employed on the contract during the payroll period
has been paid the full weekly wages earned, without rebate, either directly or indirecfly, and [hat no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regula[ions, 29 CFR paz[ 3;
(3) That each laborer or mechanic has been paid not less than [he applicable wage rates and fringe benefits or cash equivalents for the
classification of work perfotmed, specified in ffie applicable wage determina[ion incorporated into the conVac[.
(C) The weekly submission of a properly executed certifica[ion set forth on the reverse side of Optional Form WH-347 shall satisfy
the reguirement for submissio� of the "Statement of Compliance" reguired by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution
under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The conVactor or subconvactor shall make the records required under paragraph (a)(3)(i) of this secuon available for inspection,
copying, or transcription by authorized representatives of the Federai Transit Administration or [he Department of Labor, and shall
pertnit such represen[a[ives to interview employees during working hours on [he job. If the contractor or subcontractor fails to submit
the required records or to make them available, the Federal agency may, afrer written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, faiiure to submit the required records upon request or to make such records availabie may be grounds for debarmen[
ac[ion pursuant to 29 CFR 5.12.
(4) Apprentices and trainees -(i) Apprentices - Apprentices wili be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant ro and individualty registered in a bona fide npprenticeship program registered
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MnDOT Contract No. 91 ]03 �� /���
with the U.S. Department of Labor, Employment and Training Adminisvation, Bureau of Apprenticeship and Trainin�, or wi[h a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as
an apprentice in such an apprenticeship progam, who is not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Appren[iceship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The altowable ratio of apprentices to joumeymen on the job site in any craft classification shall not be
greater [han [he ratio permitted to the contractor as to the entire work force under the regis[ered program. A�y worker listed on a
payroll at an apprentice wage rate, who is not registered or othe7wise employed as stated above, shall be paid not less than the
applicable wage rate on [he wage determination for the classification of work actually performed. In addition, any appren[ice
performing work on the job site in excess of the ratio permitted under the registered program shal] be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a conVactor is performing consvuction on a project in a
]ocality other than [hat in which iLS progam is registered, the ratios and wage rates (expressed in percentages of thejourneyman's
hourly rate) specified in the contractoi s or subcontractor's registered program shall be observed. Every apprentice must be paid at not
less than the rate specified in the regisrered progam for the apprentice's level of progress, expressed as a percentage of the
joumeymen hourly rate specified in the appiicable wage de[erminalion. Apprentices sha13 be paid fringe benefizs in accordance with
[he provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage de[ermination for the appticable classificalion. If [he Administrator of the Wage
and Hour Division of the U.S. Department of Labor determines that a d'afferent practice prevails for the applicable apprentice
classi£cation, fringes shall be paid in accordance with that deternvnation. In the event [he Sureau of Apprenticeship and Training, or
a S[ate Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the con[ractor wil] no
]onger be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed un[il an acceptable
progam is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursua�t to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of La6or, Employmen[ and Training Adminisha[ion. The ra[io of trainees ro
journeymen on the job site shall not be grea[er than permitted under the plan approved by [he Employmen[ and Training
Administration. Every trainee mus[ be paid at not less than the rate specified in the approved program for [he hainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in Ihe applicable wage de[ermination. Trainees shall be
paid fringe be�efits in accordance with the provisions of the Vainee program. If the trainee program does not mention fringe benefi[s,
tralnees shall be paid the full amount of fringe benefits listed on the wage deteitnination unless the Adminishator of [he W age and
Hour Division determines that there is an apprenticeship program associated with the corresponding joumeyman wage rate on the
wage determination which provides for less than fu1S fringe benefits for apprentices. Any employee (isted on the payroll at a trainee
rate who is no[ registered and paxticipating in a vaining plan approved by the Employment and Training AdminisGation shall be paid
not less than the applicable wage rate on the wage determinafion for the classification of work actually performed. In addition, any
trainee performing work on [he job site in excess of the ratio permitted under the regis[ered program shall be paid not less than the
applicable wage rate on the wage de[ermination for the work actually performed. In the event the Employment and Training
Administration wi[hdraws approval of a haining program, Ihe conhactor wil] no ]onger be pemnt[ed to utitize trainees at less than the
applicable predetetmined ra[e for the work performed until an acceptable program is approved.
(iii) Equal emalovmen[ opportunitv - The utilization of appren[ices, [rainees and journeymen under this part shall be in conformity
with [he equal employment opportunity requirements of Executive Ordex I 1246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shalI comply with the requirements of 29 CFR part 3, which are
incorporated by reference in this contract.
(6) Subcontracts - The convactor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR SS(a)(1) through
(10) and such other clauses as [he Federal Transi[ AdminisVation may by appropriate instructions require, and also a clause requiring
the subconVactors [o include these clauses in any lower tier subcoatracts. The prime contrac[or shall be responsible for the
compliance by any subcontractor or lower tier subcontraetor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the conVact clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related
Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shali no[ be subject
ro the general disputes elause of�this contract. Such disputes shal] be resolved in accordance with the procedures of the Aepartment of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes between Ihe contractor (or any
of its subconvactors) and the contracting agency, fhe U.S. Department of Labor, or the employees or their representatives.
17
MnDOT Conaact No. 91103 �� ��� "
(1Q} Certification of eligibiIity -(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of
sec[ion 3(a) of the Davis-Bacon Act or 29 CFR 512(a)(1).
(ii) No part of this contract shall be subconvacted to any person or firm ineligible for award of a Govemment conVact by virtue of
sution 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a}(I).
(iii) The penalry for making false statements is prescribed in the U.S. Criminal Code, lfi U.S.C. 1001.
O. CONTRACT WORK AOURS AND SAFETY STANDARDS ACT
Backeround and AoPlication
The Contrac[ Work Hours and Safety Standards Act is codified a[ 40 USC 3701, et seq. The Act applies to gantee contracts and
subcontracts "financed at ]east in part by loans or grants from ... the [Federai] Government:' 4Q USC 37�1(b)(1)(B)(iii) and (b)(2),
29 CFR 5.2(h), 49 CFR 18.36(i)(6). AI[hough the original Act required its application in any consVUCtion contract over $2,000 or
non-consVUCtion conVact to which the Act appfied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the
Act no longer app]ies to any °contract in an amou�t that is not greater than $100,000." 40 USC 3701(b)(3) (A)(iii).
The Act applies to co�struction contracts and, in very limited cucumstances, non-construction projects that employ "]aborers or
mechanics on a public work." These non-consVUCtion applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed "commercial items:' 40 USC 3707, 41 USC 403 (12). A grantee [hat
contemplates en[ering inro a conVact to procure a developmental or unique item should consul[ counsel to determine if the Act app]ies
to that procnrement and that additional language required by 29 CFR 5.5(c) must be added [o the basic clause below.
The clause ]anguage is drawn directly from 29 CFR SS(b) and any deviation from the model clause below should be coordinated with
counsel to ensure the AcYs xequ'uements are satisfied.
Ctause Laneuaee
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contracror or subcontractor contracting for any part of the connact work which may require or
involve [he employmen[ of Iaborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he
or she is employed on such work to work in excess of for[y hours in such workweek unless such ]aborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability tor unpaid wages; liquidated damages - In the event of any vio]a[ion of the clause set forth in paragraph (I)
of this section the contractor and any subcontractor responsible therefor shall be Iiable for [he unpaid wages. In addition, such
conVaetor and subconvactor shall be liable to the United States for ]iquidated damages. Such liqaidated damages sha11 be computed
with respect ro each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth'in
paragraph (1) of this sect3on, in the sum of $10 for each calendar day on which such individual was required or pemtitted to work in
excess of the standazd workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph
(I) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the aame of the grantee) sha]I upon its own ac[ion or
upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by [he contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other fedexally-assisted contract subject to [he Contract Work Hours and Safety Standards Act,
which is held by [he same prime conVacto7, such sums as may be determined to be necessary to satisfy any liabi3ities of such
contractor or subconhactor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4)
of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
conffactor shatl be responsib]e for compliance by any subconVactor or lower tier subcontractor with the clauses set forth in paragraphs
{ 1} through (4) of this secrion.
�
MnDOT Contract No. 91103 ���'J /
IN WI"INESS WHEREOF, the parties have caused this Grant Contract to be duly executed intending to be
bound thereby.
STATE ENCUMBRANCE VERIFICATION
Individual certifiet ihat fvnds have been encumbered as
requiredbyMinn.Stat.§§ 6A.15 �6C.0
Signed:
i
Daze: � � � ��L'/
/ �� CFMS �ontract No. A-
GRANTEE
B
Title: Chief of Police
Date:
and
B
Tide: City Attorney
By:
Title: Director, Financial Services
By:
Title:Director, Human R
�
Title: Mavor
ts
DEPARTNIENT OF TRANSPORTATION
By:
(with delegared authority)
Title: Direcior, O£fice of Transit
Date:
Mn/f10T Office of Contract Management
BY
Tifle: ConVacts Administrator
Date:
19
CITY OF SAINT PAUL
Chrisiopher B. Coieman, Mayor
August 21, 2007
Mr. Steve Persian
Tazget Corporation
Assets Protection
Safeness Team
1000 Nicollet Mall TPD 0815
Minneapolis, MN 55403
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DEPARTMENT OF POLICE (J� ��� �
John M. Harrington, Chief af Po[ice
367GroveStreet Telephone: 651-291-1111
SaintPaul,Minnesota 55101 Facsimile: 651-266-5711
Saint Paul SAFE CfTY: Central Corridor
Security Camera Partnership (CCSCP) Proposal
and Request for Funding
Prolect Introduction:
The development of a Central Corridor to connect the downtown areas of Saint Paul and
Minneapolis is regarded as an important transportation development project. The Central
Corridor wili meet the growing transportation needs of a vibrant and economically
thriving metropolitan area. While the Central Corridor is foremost a transportation
project, there is general ageement it will serve as a great benefit for economic and
community development.
Over the past several yeazs, the City of Saint Paul has encouraged and supported the
redevelopment of the University Avenue business uea located in the Midway, Summit-
Universiry and Frogtown neighbarhoods. Over that time, much development has
occurted and still more is planned. The development of a light rail or bus rapid transit
route through this area has further prompted heightened interest in living, working and
visifing this area. Neighborhood and business leaders seem to welcome the Central
Corridor as an investrnent in theix community.
An AffirmnliveAction Equaf Opporttm�ry Fwnpfoyer
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We have heard repeatedly from the local business community that the general perception
of the Midway area has had a negative impact historically on the busmess climate. In
particulaz, it is noted that residents of Saint Paul and its southem suburbs frequently drive
through the Midway area to suburban malls north of Saint Paul to do their shopping. It
appears this is a result of their perception that the Midway azea is not as safe or as
desirable a peoples' destinafion. The feaz of crime is known to be a key determining
factor that drives shopping and entertainment choices.
As the concepts and possibilities for the Central Corridor have emerged, there is a strong
desue to minimize crime and quality of life problems along University Avenue. The
Saint Paul Police Department and Metro Transit Police have had discussions with
business and community leaders to strategize our efforts for further reducing crime and
quality of life issues, especially in the expanding Midway shopping area. As part of our
plan, we have added Midway area technology to enhance and expand the scope of police
presence. As this develops and grows so will the need for transportation, such as light
rail, busses and commuter routes. With this increase in transportation modes, security
needs will also increase.
In reseazching the ideas for crime prevention and reduction in a shopping district, Saint
Paul Police looked at other examples for models that work. We have looked at the
London model that has been extremely successfixl showing a 22% reduction in Theft,
32% reduction in Burglary and 30% reduction in Auto Theft, 11% general crime
reducdon overall including 4% reduction in Assault. We also looked at U.S. cides
including Washington DC, Clucago and Minneapolis. The Safe City Initiative that wa:
co-sponsored by the Tazget Corporation has been studied and appears to be a great
model.
In 2005, the Metropolitan Council's Transit Division, in partnership with the City
of Saint Paul and its police deparkment, began the discussion of the development
of a Safe City Initiative that will create a policelprivate sector partnership
coordinating the efforts of crime prevendon and reduction for the axea through
regulaz meetings, enhanced radio communication, sharing of informarion and
coordinated training and staffing. The project will develop a closed circuit
camera system with an active monitoring capability that will serve the purpose of
target hardening the portion of the Central Corridor from the St. Paul city limits to
the Minnesota State Capitol. The Minnesota Departrnent of Transportation will
sub-awazd a grant to the Saint Paul Police Deparhnent, who will serve as the
project's fiscal agent.
Page 3
D'l�g�'
The outcome of this effort, we believe, will be a reduction in crime because of the
network of relationships with the Saint Paul Police, Metro Transit Police, State Capitol
Security Office, local businesses and community organizations developed through the
partnership. The addition of a closed circuit camera system along the University Avenue
corridor, that will have the capacity to be monitored by police and security personnel
through the creafion of pubiiclprivate partnerships, will help create an environment where
people will feel safe, and criminals will feei the chances of them preying on our citizens
is too risky to take.
Proiect Background:
The idea of using CCTV Closed Circuit Television as a security tool is not new. This
effort has been used far decades in major cities. This type of monitoring is a basic part of
private security and securiry at most government offices. In addition, traffic monitoring
cameras have also for many yeazs been a part and pazcel of how we manage the traffic
flow. The use of the cameras has been expanded since 9ll as a basic component of
preventing tenorist attacks. Its use in the London bombing case, while it did not prevent
the initial attack, allowed the police to identify the suspects within hours and thereby
prevent any further incidents.
During 2001, 2002 and 2003, the Western District organized a series of efforts that
brought about significant reductions in crime and quality of life problems in the Midway,
Frogtown and Summit-University neighborhoods. These efforts funded, in part, with
Federal "Weed and Seed" money allowed the department and the community to work
together to address open-air drug dealing, prostitution and a range of other illegal
behaviars. These projects were implemented using surveillance cameras as part of the
investigation and prosecution. In addition, following the arrests we made it known to the
criminal element the cameras that had captured so many of their colleagues were still up
and that committing crime in these azeas was fraught with hazards. We believe the drug
dealers and prostitutes felt they were being constantly watched, and this was a significant
part of the sustained reductions in crime that lasted unti12005.
In late 2005, the Saint Paul Police Departrnent began to investigate the successful
securiTy camera initiative that was built in the core downtown azea of the City of
Minneapolis. Meetings were held with the Minneapolis Police, First Precinct Inspector,
Rob Allen, to learn how they created their partnership. Key to the Minneapolis project
was the active participation of the Downtown Business Council, Building Owner's and
Manager's Association and a funding commitment from Minneapolis-based Tazget
Corporation. The Minneapolis experience with the camera system has been extremely
positive. The ability to have the cameras actively monitored by security personnel from
various downtown building security offices sends the clear message that illegal behavior
is being watched, recorded and communicated to police responders. The effort appears to
be having an effect on criminal activity, and case prosecuflon has been greatly aided by
the video evidence with over 500 cases presented, and not one suspect being found not
guilty.
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The Metro Transit Police Department has also been working to support the efforts of the
Saint Paul Police Department in the Midway and University Avenue azeas by increasing
presence and police activity in the busy bus shelters and stops. While Metro Transit is
working with the local business community to build three new bus shelters at University
and Snelling Avenues, Saint Paul's busiest intersection, the desire to focus attention on
crime and quality of life problems in these high density, high use shelters is also a
priority. Transit Police personnel met with local business owners to discuss possible
public/private security camera monitoring ventures at the yet-to-be developed shelters.
Metro Transit Police and local businesses left these discussions with the understanding
that a security camera initiative would provide mutual benefit and security for the local
community, transit riders, local businesses and their patrons. In addition, the Saint Paul
Police Department would benefit by having the ability to have the area actively
monitored by local security personnel with a real-time reporting capability. The cameras
that would be used for the project will be primarily PTZ (panitilt/zoom) controllable
cameras with some fixed posidon cameras. The cameras will be mounted at intersections
along the University Corridor and into the downtown Saint Paul area. The cameras wili
be positioned so they have the best view of the bus stop locations — adjacent to the
current bus stops/shelters to deter criminal activity or assist in apprehension of suspects
following the event. Metro Transit Asset Protection staff began the process of looking
for available technology that could be used for purposes of this effort.
During a meeting with Minnesota Departrnent of Transportation, State Program
Administrator Micky Gutzmann, it was learned there was Federal grant money available
that could be used to benefit the Central Corridor, including the placement of security
cameras for the area.
With the support of the Metro Transit Police, a meeting was held between MNDOT
Grant Specialist Micky Gutzmann and then-Lieutenant Paul Schnell of the Transit Police.
During this preluninary meeting, we talked about efforts to create a private/public
partnership for security cameras in the Midway business area, including specific
conversa6ons the Saint Paul Police Department had with Target Corporation
management and local community leaders. Michelle Gutzmann discussed the focus of
the grant and indicated 1.2 million dollars is currently available. In addition, it was
leamed that a non-Federai, hard match of twenty percent is required, wltich is
$300,000.00.
The result of that conversation was a commitment to work towazds the development of
the Saint Paul Safe City Initiative (Central Corridor Security Camera Partnership). The
idea of a Safe City initiative fits into the philosophy of problem oriented community
policing that Saint Paul Police and Metro Transit Folice have committed to. Ttris project
will accentuate the police departmenYs ability to be more responsive to the needs of the
public and to both take a proactive approach to preventing crime and also reducing it. The
cameras are really just one technological component of the integration of police with the
community; linking the private business sector with residents and the police.
��° . _.
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We believe that we will see a reducrion in crirne committed in the azea when criminals
know there is great likelihood they will be caught on camera in the act. ln addition, the
successful prosecution of criminals who were not dissuaded will fiu�ther erode the number
of predators on the streets thereby making them safer. The sharing of informafion will
enhance the personalization of ow policing by creating partnerships between the police
and the community both at the execufive level and street level. Sharing data is a key
component of this work, and whether that is the sharing of information between store
security and the beat cop, or the sharing of strategic information between the CEO of the
corporation, the Midway Chamber and the Chief of Police, we will all be working
together more closely.
l. Coordinated police-community-business relationships to enhance overall Central
Corridor security efforts.
2. Enhanced radio communications with private security, Metro Transit Police,
University of Minnesota Police and the St. Pau1 Police Department.
3. E groups to share safety and crime information instantly.
4. Information sharing meetings.
5. Enhanced trauung for private security, police and transit providers.
6. Development of paid and volunteer security ambassadors.
7. Expansion of Crime Prevention Through Environmental Design (CPTED) in
redesign of the facilities
Toois of CCCSP:
The Central Corridor Security Camera Partnership (CCSCP) incorparates existing safety
efforts in the Central Corridor with new state-of-the-art technology to reduce crime and
improve safety. The foliowing table highlights these tools and their status as part of the
(CC5CP) prograui.
Ceniral Corridor Secwity Camera Partnership
e 9 E-groups —Messaging networks connecting businesses and �
�„� giving notification of suspicious behavior, crime trends and
prevention tips.
�� Photo Sharing—Aistribution of photos showing individuals who
{! � J have committed illegal or unsafe acts. This helps identify
�� criminals and can prevent them from stdking again.
�'�("� Info Sharing — Ongoing written documentation, shazed e-mail
�.X� information and regulaz meetings between the network's
participants.
� Security Cameras — A network of strategically placed securiTy
OQ cameras allow police to moni[or high-V�c areas and prioritize
their response.
r ,�'—,` SecurityAmbassadors - SecuriTy Ambassadors provide patrons
L� with a human face who is receptive to concems or problems.
�
� Radio Link—Keeping community and police leaders in contact
O even while moving between locations.
_�?° � •. .
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There have been, of course, some who question the idea of police having access to this
information, Even though there are advocates for very strict privacy data rules, there is,
however, no expectafion of privacy on a public street. What cameras would capture is
information a police o�cer sitting in a car could readily see.
To ensure the project will have both broad-based community support and not infringe on
the rights to privacy that the law does provide, we will need to create a new set of
policies governing the project. These policies wi11 also help to ensure the effecfive use of
the CCTV system and to guazd against possible abuse. T4ie Saint Paul Police Department
wili work with the community in partnership to develop a comprehensive set of general
orders that establishes the policies and procedures on the use of the CCTV system. Policy
considerazion & development in the following areas will be a priority:
Training/usage/authorization for police-business radio communications, E-group
training/usage, monitoring access, security clearance with override and volunteer security
ambassador responsibilaties.
We believe the following elements aze essential guidelines that will be followed as we
proceed with this project. The department's Safe City Tnitiative wiil be a regulated
system and it will meet the criminal jusfice video surveillance guidelines adopted by the
American Bar Association
. CCTV cameras will not be equipped with audio capabilifies, and the SPPD will
not use any type of audio system in conjunction with the CCTV network unless
appropriate court orders are obtained.
. Operators of the CCTV will not tazget or track individuals azbitrarily or based on
theix race, gender, ethnicity, sexual orientation, disability or other classifications
protected by law.
. The CCT'V system will be used to observe locations that aze in public view where
there is no reasonable expectation of privacy. CCTV cameras wi11 not focus on
hand bills, flyers or other materials distributed or carried pwsuant to the First
Amendment.
. Unauthorized use or misuse of the CCTV system will result in disciplinary action.
. The SPPD and Metro Transit will notify the public about the capabilities and uses
of the CCTV system. The Departments will provide a kiosk at a SPPD facility
where citizens can view what the officers are seeing at any time.
. SPPD and Metro Transit will provide regulaz reports on CCTV usage to the
CCT'V oversight committee and will seek public comment on any proposed
expansion of the network on Transit related roadways.
0" .,_.
Proiect Plan:
b�,���
The Saint Paul Safe Ciry Project will create a police/private sector partnership that will
coordinate the efforts of crune prevention and reduction for the area through regulaz
meetings, enhance radio communication, sharing of information and coordinated training
and staffmg. The project will provide a combination of security enhancing pan-tilt-zoom
(PTZ} cameras and fixed cameras along Saint Paul's University Avenue between the City
limits to the west and ultimately to the Depot in downtown. The cameras will be
connected and able to be monitored via a combination wireless- wired mesh nerivork.
This overt camera network is able to be secured and yet provide a range of user access to
allow regulaz camera monitoring from a variety of sites, including police squad
computers.
The current partnership includes the following entities:
City of Saint Paul
Saint Paul Police Department
Minnesota Department of Transportation
Target Corporation
BOMA (Building Owners & Managers Assoc.)
Midway Chamber of Commerce
Metro Transit
Metro Transit Polace
Future partners aze lnnited only by their willingness to participate, but we anticipate that
University United, the Lexington - Hamline District Council, and all affected district
councils, should be at the table. Additionally, we will bring the Saint Paul Public
Schools, local private colleges, along with a11 the city's district councils, together as well
to discuss overall strategy and future expansion.
It is generally believed the Safe City project, which includes the CCTV system, will
provide not just a deterrent to crime, but will serve as an active tool for immediately
intervening in crime and quality of life related issues.
We have provided a preliminary briefmg for Saint Paul Mayor Chris Coleman, and we
aze actively engaged in bringing community, corporate and small business partners to the
Initiarive. State Capitol Security is yet another example of a viable partner to this project
given their strategic location along the comdor and available security staff.
Page 8
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The nature of these partnerships calls for a range of participation. Partners might
participate only at the level of support and interest, while others may take on a planning,
monitoring or financial role. We are requesting $300,000.00 in local match money from
the Target Corporation, who has been instrumental in the overall development of the Safe
City initiative and a pazlner in crime reduction along the Central Comdor.
The urilizafion of security camera technology, which has been proven to reduce crime
through police-community-business cooperation, is of interest to further tazget-harden the
University Avenue azea, especiaily as it is enjoying a resurgence in popularity with new
business and residential development, notwithstanding the future construction of the
Central Corridor. Philosophically, this project is truly community oriented. Benefits
exist for all project partners, the community in general and the future of the Central
Corridor. Expansion to this project will include the joining of cameras related to the Port
Authority Camera Project, in addition to the opportunity for specific businesses and
neighborhoods to be included in the system to address specific quality of life issues.
One additional feature of this effort is the plan to quantify and assess the impact of this
project on crime and quality of life in the area A crime and quality of life baseline data
will be compazed against data after the project is operational. Safety and security is the
responsibility of everyone. Our ability to determine the livability and security benefits of
this technology can be important to guiding future tazget hardening efforts while large
transportafion projects are being planned and developed.
SecuritV Camera operations Plan: o(]J
Installation:
Approximately 25 cameras with full pan, tilt and zoom controls, will be installed on
streetlight poles and on buildings to provide 100% coverage of the streets and sidewalk
within the camera zones. Locations for casnera piacement will be made through crime
data analysis along with community and business input. To reduce installation costs and
to facilitate future expansion, the signal from each camera is transmitted over a new
wired - wireless integrated digital (mesh) network to a computer-based monitoring station
in the SPPD Headquarter's building, the new Western District o�ce at 389 N. Hamline,
the SPPD Emergency Communications Center and the Metro Transit Police
Headquarters.
�° . , . .
Ongoina Monitorina and Maintenance:
p�- 9g�
The Central Cosidor Security Camera Partnership (CCSCP) will be monitored 24 hours a
day, seven days a week by police department staff when the system launches in late fall.
Initial maintenance agreements will cover the (CCSCP) project in a manner to include
but not limited to:
• Hardwaze failure
• Soflware failure
• Network failures
• Training
. Software upgrades
Network storage equipment at Headquarters will be able to store appro�mately one
month's worth of recordings from each camera.
Upon launch of the system, staffing for the monitoring of the CC5CP security camera
network will be bome by the Saint Paul Police Department Headquarters Desk and the
Western District. Initial st�ng requirements aze estimated at 3 FTEs to monitor the
system 24 hours a day, 7 days a week.
Network maintenance agreements and service contracts must be obtained to cover all
network equipment hardwaze repairs, network issues and softwaze costs. Future network
maintenance agreements aze expected to cost between $50,000 and $60,000 annually. A
service contract must cover all cameras and other hardware physically located on the
camera poles. Future service contracts aze expected to cost between $50,000 and $60,000
annually.
Kiosks will also be installed at Headquarters and the Western District offices to allow the
public to view the images recarded with the cameras, with expansion if necessary.
Proied Evaluation & Analvsis:
The ongoing analysis of both empirical and anecdotal evidence is important to the
success of this Safe City project. The Saint Paul Police Department will analyze ttus data
annually, based on its internal CrimeGIS crime mapping program, (crime numbers) and
relationships with the community, in order to determine the effectiveness of camera
placements, the level of crime and the overall perception of crime in the corridor.
Exoandabilitv:
The (CCSCP) security camera network is designed to facilitate future expansion of the
system. The network infrastructure will have the capacity to monitor an unlimited
number of cameras. The use of wireless and fiber optic technology and computer
monitoring will allow new camera locations to be added to the system relatively easily
and inexpensively.
No specific source of funding has been identified for future expansion of the system;
however, sources could come from City of St. Paul, individual business and property
owners, or from a combination of all these sources. This payment is supported by SPPF
for future additions.
Page 10
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The (CCSCP) will have the expandability to be linked with other current camera-related
projects, such as the Port Security Grant, which focuses on camera technology along the
Mississippi River azea and downtown. Tn addition, this project can be a starting point to
integrate new technology such as gunshot recognition /camera programs which can be
placed throughout a community to enhance livability.
Financial consideration needs to be given to the expandability for viewing/monitoring
stations, which could include the purchase of softwaze and licensing for desktop PC
viewing at authorized locations.
BudEet & Financial Information:
Installation
The grant request for this project is 100% of the available MNDOT grant funding
allotment, which is: $1,200,000.00 million dollars. Since this grant has been classified
as a 80/20 grant, the Saint Paul Police Department is responsible to acquire matching
money (20%) of the total funding, which is $300,000.60, and will bring the total funding
for this project to $1,500,000.00.
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Estimated System Cost for a 25 Camera Digital Video Surveillance Netwark.
Service/Product
Camera Hardware
Video Management Softwaze
Video Network Infrashucture
(servers, storage, workstations, video wa11 displays)
Networking Equipment, Mesh Backhaul Nodes,
Misc Cabling Supplies, Etc.
Project Management, Installation, Integration
and Training Services
Electrical Wiring to Poles
Estimated Cost
$400,000
$50,000
$300,000
$125,000
$250,000
$100,000
Page 11
Network Warranty Agreement
Miscellaneous Construction Costs
Total Estimated Cost
Strategv, Timeline & Milestones:
January 2007:
January 2007
January 2007:
February 2007:
Mazch 2007:
Mazch 2007
May/June 2007:
June 2007:
July 2007:
3uly 2007:
July 2007:
August 2007:
August 2007:
September 2007:
$125,000
$150,000
$1,500,000
� I'�1��
Preliminary partnership meeting between City of Saint Paul, MN
DOT.
Grant proposai submitted to MNDOT
Baseline crime and quality of life data measures collected (two
years of historical data).
Financial support sources for grant match identified.
MNDOT and City of Saint Paul begin to develop grant agreement
for CCSCP.
Saint Paul Police host meeting with University Avenue business
owners and civic leaders to discuss CCSCP.
Review and consideration of technology for CCSCP.
Saint Paul Police host meeting with downtown business owners
and civic leaders to discuss CCSCP.
Development of Project Scope of Work and Request for Proposals
sent for vendor response.
MNDOT and CiTy of Saint Paul finalize grant agreement
for CCSCP.
Camera monitoring agreements (Memorandums of Understanding
developed and distributed).
Selection of camera technology vendor.
Contract award negotiation.
Camera System Construction.
�° ..:.
�"��yg�'
October 2007: Public relations campaign to include electronic and print media,
SPPD cable television show, neighborhood newspapers, Safe City
publications, Midway Chamber of Commerce, and Corporate
partnerships.
December 2007:
December 2007
February 2008:
Summarv:
Operation ceremony and kick-offto include Mayor, city officials,
police, businesses and community.
System fully operational, actively monitored and built for
continuous expansion.
Analyze system impact on regulaz on-going basis.
The idea of a Safe City initiative fits into the philosophy of problem oriented community
policing in which the Saint Paul Police have committed. This project will accentuate the
police department's ability to be more responsive to the needs of the public and to both
take a proactive approach to preventing and reducing The cameras aze really just one
technological component of the integration of police with the community, linking the
private business sector with residents and the police.
The City of Saint Paul has been informed that the State of Minnesota Department
of Transportation has accepted our application for the grant money. We expect to
have the formal contracts and agreements wittun a couple weeks for the Saint
Paul City Council's acceptance and apgroval. Therefore, we aze requesting
allocation of the funds the Target Corporation has generously offered for the Saint
Paul Safe CiTy: Central Corridor Security Camera Partnership project.
What is important to remember is this Initiative is not abont watching your neighbor, iYs
about watching out for your neighbor. Once operational, the camera netwark systems
will provide many sets of extra eyes to monitor, respond to — and possibly prevent crime
in the Central Corridor. This mesh network will give the police, business community and
citizens the opportunity to help keep this very important corridor safe.
Thank you for your assistance and partnership in making this project a reality.
incerely,
�
John M. Hatrington
CHIEF OF POLICE
Page 13
Further Information
��-�$�
For further information regazding the Central Corridor Securiry Camera Partnership
(CCSCP), please contact:
Douglas Holtz
Commander, Westem District Investigations
367 Grove Street
Saint Paul, MN 55101
Tel: 651-266-5528
Email: doug.hoitz(a�ci.stpaul,mn.us