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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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 � Assign Number Fw Routing Order 0 1 2 3 4 5 6 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 ) 12 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. 13 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. 14 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 16 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 ..:; _ }i � �,. �es t91N � �! �/ i�A �' : �,���� ��.�.. 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 m.... � .,_. b���� 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. � +�g'� �� ,.,.. 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. ��° . _. d��q�� 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. _�?° � •. . ��'�l �� 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 ����� 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 b�'��� 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. r � z _ � 3'. a�� e� ,a' r' a� e_.a" �'..!�',�._ .• a.':e i' 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