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08-1344Council File # Green Sheet # RESOLUTION CITY OF $AINT �AUL, MINNE50TA Presented By: �-/3 3062995 7 1 WHEREAS, the City of Saint Paul, Police Deparhnent, wishes to enter into the attached amendment to 2 agreement #02-14524-G form the Minnesota Department of Public Safety for the 2006 Buffer Zone Protection 3 Grant Program; and 4 5 WHEREAS, this grant provides funding for equipment to enhance security at critical infrashucture sites in the 6 City of Saint Paul; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THEREFORE BE TT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter intc and Chief John Hanrington to nnplement the attached grant amendement to agreement #02-14524-G. A copy of said agreement will be kept on file and record in the Office of Financial Services. 29 30 Requested by Department of: Thune � Adopted by Council: Date: Adoprion Cerh'fi�i„by Cou cil Secretary: BS'� �� 1%i'i� �/l.%L��J'/ r� Approved b a or: Date: ��') L�� B Approved a r for Submi ion to Council: t B Q:\FiscalAffai rsW O&CR�2008�P.mendment02-7 4524-G2006BUfferZOne.xls Approval Recommended by Financial Servic By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � pg, /3c�r� ��� � D � Green Sheet NO: 3062995 , Pp _Police Department � 07..NpV-08 � ConW ct Person 8 Phone: Chief John Harrinpton 266-5588 Must Be on Council Agenda by (Date): �! � -- � Doc. Type: RESOLUTION ', i � E-Document Required: Y �i Document CoMact: Evette Srarver ConWct Phone: � 0 i Assign I 2 Number 3 For Routing 4 Order � 5 6 — �l Total # of Signature Pages �(Clip All Locations forSignature) Action Requested: Signatutes on the attached council resolution authorizing the City of Saint Paul, Police Deparnnent, to enter into the attached amendment to agreement #02-14524-G with the Minnesota Department of Public Safety. Recommendations: Approve (A) or Reject (R): Planni�g Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this personlfirm ever worked under a contract for this depaRment? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes Na F�cplain all yes answers on separet¢ sheet and attach W green sheet. lnitiating Problem, lssues, Opportunity (Who, What, When, Where, Why�: The City of Saint Paul Police Department has received a 2006 Buffer Zone Protecrion Grant additional time is needed to complete the task first subscribe in the agreement. Authorization is needed to enter into the attached grant amendment to agreement #02-14524-G. Advanqges If Approved: The 2006 Buffer Zone Protecrion Grant provides funding for equipment to enhance security at critical infrash'ucture sites in the Ciry of Saint Paul. Disadvantages If Approved: None. DisadvanWges If NotApproved: Lost of grant funds available that will enable the police department to enhance security at cri6cal infrastructure sites. Total Amount of $179,550.00 Trensaction: Funa�ny source: State of Minnesota Financial Information: (Explain) CostlRevenue Budgeted: Activity Number. � 099 November 7, 2008 11:32 AM Page 1 '� i;� r ,. NQ� i � 2QQ� ��� AMENDMENT NO. 1 TO GRANT CONTRACT 2008-BZPP-00252 6� r3 � 1// N '7 Original Contract Effective date: Original Contract Expiration date: Amended Contract Expuation date: 30, 2008 2009 pri in_g�act Amount: Previous Amendment(s) Total : Current Amendment Amount: Total Contract Amount: This amendment is between the State of Minnesota, acting tluough its Commissionez of Public Safety, Division of Homeland Security and Emergency Management, 444 Cedaz Street, Suite 223, St. Pau1, Minnesota 55101- 6223 ("State") and St Paul Police Department, 367 Crrove Street, St Paul, Minnesota 55108 ("Grantee"). Recitals 1 The State has a grant contract with the Cnantee identified as Gtant Contract 2008-BZPP-00252 to provide protective action funding to protect and secure critical infrastructure and key resource sites in Minnsota. 2 The State and the Grantee have agreed that additional tune is necessaxy for the satisfactory completion of this pro}ect. 3 The State and the Grantee aze willing to amend the Original Grant Contract as stated below. Grant Contract Amendment In this Amendment deleted contract ferms will be struck out and the added contract terms will be underlined. REVISION 1. Clause l, °Terxn of Grant Contract, Section 1.2, of the Original Grant Contract is amended as follows: 1.2 Expiration date: C-�p'��, March 30, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first. REST OF THIS PAGE INTENTIONALLY LEFT BLANK Grant Amendment OS/07 AMENDMENT NO. 1 TO GRANT CONTRACT 2008-BZPP-00252 b�-�3�L{ The Original Grant Contract and any previous amendments aze incorporated into this amendment by reference. 1. ENCiJMBRANCE VERIFICATION Indivsdua[ ce>tiries lhai funda have been encumbered as required by Mimrz Staa. §§ 16A.1.i m:d 76C.05. Signei Date: 3. STATE NCY By: 'th dele ed authoriry) Tille: I Date: � Grant 2. Gl.n,,.�,�, The Grmrtee cert�es lhaf !he appropraate person(sJ 1 have esecuted the conbact on belwlf ojthe Grarttee as �` requ By: Titic Dat� By: r�ca� Dat� By Ti Da By z� Da sy Ti Da D�stribution� DPS/FAS Grantee State's Authoriud Representatrve Grant Amendment OS/07 2 ���������-� S M -2008-B P-00252 STATE OF MII�TNESOTA �/ GRANT CONIT2.ACT Q�' � 3'7 � This �ant contract is between the State of Minnesota, acting through its Commissioner of Public Safetv. Division of Homeland Securitv and Emer¢encv Mana2ement 444 Cedar Street Suite 223. St PauL ?vlinnesota SS 101-b223 ("State"} and Citv of St Paul Police Depar�ent 36'7 Grove Street St PauL Minnesota 55106 ("Grantee"). Recitals 1 Under Minn. Stat §§ 12.22 and 299A.01 Subd 2(41 the State is empowered to allocate and disburse federal funds made available through the Depadment of Homeland SecuriTy and is empowered to enter Into this grant contract 2 Federal funds for this gant contract aze provided from Department of Homeland Security Appropriarions Act of 2006 (P.L. 109-90), Award Number 2006-BZ-T6-0031, for the Buffer Zone Protection Progam. 3 The State is in need of the dish of federal funds to eligible gfant recipients to provide protective action funding to protect and secure critical infrastructure and key resource sites in Minnesota. 4 11te Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: Julv 1. 2007, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant conh�act is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: �tember 30_ 2008, or unfil all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The foliowing clauses survive the expiration or cancellation of this grant contract: 8. Liability', 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Goveming Law, Jurisdiction, and Venue; and 15. Data Disclosure. ' Grantee's Duties The Grantee, who is not astate employee, will: 2.1 Perform the work in the Grantee's 2006 Buffer Zone Protection Grant Program Application, Attachment A, which is attached and incorporated into this grant contract. Approved equipment and/or management and adminish�ation costs identified in Attachment A were approved from the 2006 Buffer Zone Protection Program Guidelines incorporated into this grant contract by reference. 2.2 Comply with the standazds and requirements attached and incorporated into this grant contract. These additional standazds and requirements aze the following: (1) Federal Audit Requirements, labeled Attachment B, which is attached and incorporated into this grant contract. (2) Federal Assurances, labeled Attachment C, which is attached and incorporated into this grant contract. (3) Grantees receiving $100,000.00 or more must complete and retum the Certification Regarding Lobbying Porm, labeled Attachment D, which is attached and incorporated into this grant contract. 23 Funds approved under this grant contract shall be used to supplement, and shall not be used to supplant, non- federal funds dedicated to this effort. The Grantee may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 2.4 Provide all necessary training to their employees concerning the use of equipment purchased tluough this grant contract, and shall not permit the equipment to be tampered with or operated by individuals who aze not properly trained. 2.5 Assume total responsibility of the proper handling, use, and maintenance of the equipment and bear all costs of maintenance, repair and/or replacement related to equipment. Equipment purchased through this grant contract is the property of the Grantee. 2.6 When ptacticable, any equipment purchased with grant funding shall be prominently mazked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security". 2006 Buffer Zone Protection Program (07/07) Page 1 a�- �3 c�CC� HSEM -2008-BZPP-00252 2.7 Comply with all pro�am guidelines specified in the 2006 Buffer Zone Protecrion Crrant Program Guidelines provided to the Grantee by the State and incorporated into this �ant contract by reference, and must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies. 3 Time The Grantee must comply with all the time requ'uements described in this �ant contract In the performance of this grant contract, time is of the essence. Consideration and Payment 41 Consideration. The State will pay for all services performed by The Crrantee under this gant contract as follows: (1) Compensatian The Grantee will be reimbursed an amount not to exceed $179.550.�0. according to the breakdown of costs in Grantee's 2006 Buffer Zone Protecrion Grant Program Application, Attachment A. The Grantee will submit a written change request for any substiturion of budget items in Attachment A, or any deviation of more than 15% from the approved budget category amounts in Attachment A. Change requests for substitutions of budget items, or a deviarion of more than 15% from the approved budget category amount must be given in writing to the State's Authorized Representative and at least 60 days prior to the Expiration date of this grant contract Grantees whose requests have been approved will be notified in writing by the State's Authorized Representative to the Crrantee's Authorized Representative. Requests must be approved prior to any expenditure by the Grantee. (2) Matching Requirements. (If ApplicableJ Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee $0.000.00. (3) Tot¢I Oblig¢tion. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $179 550.00. 4.2 Payment (1) Financial Status Report The State will promptly pay the Grantee after the Crrantee presents a Financial Status ReportlPayment Request for the services actually performed and the State's Authorized Representative accepts the invoiced services. Financial Status Report/Payment Request must be submitted timely and according to the following schedule: Grantee will submit the Financial Status ReportrPayment Request along with copies of the Grantee's itemized invoices for actual costs incused quarterly, but not more often than monthly, and within 30 days of the period covered by the Financial Status Report/Payment Request. Expenditures for each state fiscat yeaz (7uly through 7une) of this grant contract must be for services satisfactorily perfortned within applicable state fiscal years. The final Financial Status ReportJPayment Request pertaining to each state fiscal yeaz of this grant contract must be received by 7uly 31 of that calendar yeaz. Reimbursements from the next fiscal yeaz(s) may couunence on or after July 1 of that calendar yeaz. The final Financial Status Report/Payment Request must be received within 30 days after the Expiration date of this a ant contract Grantee will submit narrative performance reports at least bi-annually on June 30�' and December 31 �` for the life of the grant. The narrative performance report shall consist of a compazison of actual accomplishments to the approved work plan in Attachment A. These reports must be submitted before reimbursement will be paid. (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under tltis grant contract will be made from federal funds obtained by the 5tate through CFDA # 99.078_ Deoartment of Homeland Securitv Ap�ronriations Act of 2006. Public Law 109-90. The Crrantee is responsible for compliance with all 2006 Buffer Zone Protection Program (07/0� Page 2 � �S � �3��/ HSEM -2008-BZPP-00252 federal requuements imposed on these funds and accepfs full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. � Condifions of Payment Fill services provided by the ^vraniee under this grant coniract must be performed to the State s satisfaction, as determined aT the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsafisfactory or performed in violation of federal, state, or locai law. Authorized Representative The State's Authorized Representafive is Shazon Olso� Grants Specialist Division of Homeland Securib� and Emer¢encv Manaeement 444 Cedaz Street Suite 223 St Paul MN 55101 (651) 201 7422 email ^ Sharon.l.olson(a�state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this gFant contract Lf the services aze satisfactory, the State's Authorized Representative will certify acceptance on each Financial Status Report/Payment Request submitted for payment. The Grantee's Authotized Representative is S¢t Jon Grahek St Paul Police Denartment 367 Grove Street St Paul Minnesota 55108. (6511775-2334 email• ion orahek(c�ci stpaul mn us. Ifthe Grantee's Authorized Representative changes at any ticne during this gant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.lAssignenenG The Grantee may neither assign nor transfer any rights or obllgations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2Amendmenis. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original gant contract, or their successors in office. �3 W¢iver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4Grant Contract Complete. This grant contract contains all negotiations and agteements between the State and the Grantee. No other undetstanding regazding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hazmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to baz any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounring procedures and practices relevant to this grant contract are subject tp exainination by the State andlor the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and Staie must comply with the 1�Iinnesota Govemment Data Practices Act, Minn. Stat. Ch. I3, as it applies to all data provided by the State under this gant coniract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of ' Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify 2006 Buffer Zone Protection Prograzn (07/07) Page 3 c� - �3��1 HSEM -2008-BZPP-00252 the StaYe. The State will give the Grantee instructions conceming the release of the data to Yhe requesting par[y before the data is released. 11 Workers' Compensation T'ne Grantee certifies that it is in compliance with Minn. Stat § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Crrantee's employees and agents will not be considered State employees. Any clauns thak may arise under the Minnesota Workers' Compensa6on Act on behalf of these employees and any cIaims made by any third parry as a consequence of any act or omission on the part of these employees aze in no way tlie State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publiciiy. Any publicity regazding the subject matter of this gant contract must identify the State and the Department of Homeland Security as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. All publications created with funding under this grant contract shall prominently contain the following statement: "This document was prepared under a grant from the Office of Grants and Training (G&T), U.S. Department of Homeland SecuriTy. Points of view or opinions expressed in this document aze those of the authors and do not necessazily represent the official position or policies of the U.S. Department of Homeland Security." For purposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, signs, and similar public notices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Recipient acknowledges that G&T reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: (1) the copyright in any work developed under an awazd or sub-awazd; and (2) any rights of copyright to which a recipient or subrecipient purchases owneiship with Federal support. The Recipient agrees to consult with G&T regazding the allocation of any patent rights that azise from, or aze purchased with, this funding. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regazd to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdicrion in Ramsey County, Mmnesota 14 Termination 14.1 Termination by ike State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. ] 4.2 Termination for Insuffuient Funding. The State may immediately tertninate this grant contract if it does not obtain funding &om the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services coveted here. Termination must be by written or £ax notice to the Grantee. The State is not obligated fo pay for any services that aze provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to approQriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 143 Terminarion for Faiture to Comply. The State may cancel this grant contract immediately if the State fmds that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been made or that the purpose for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Miztnesota, including the refusa( to disburse additional funds and requiring the retum of all or part of the funds already disbursed. 2006 Buffer Zone Protection Program (07/07) Page 4 HSEM -20�8-BZPP-00252 15 Data Disclosure � - �3� (� Under Minn. Stat. § 270C.65, and other applicable law, the Cnantee consents to disclosure of its social securiry number, federal employer tax idenfification nwnber, and/or Minnesota taz identification number, akearly provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligaYions. i nese identification numbers may be used in the enforcement of fedeTal and state taac laws wnich could result in acfion requiring the Grantee to file state taY returns and pay delinquent state taY liabilities, if any, or pay other state liabilitizs. 1. ENCIJMBRANCE VERIFICATiON 3. STA7 Individual certifees,thatfundchaxe,b�e.L.z �cumbere r d as reguired by Minn. Stati 6�¢=L6A.15 and "16C.O.i. ."-- -� � By: � " - ` .� _... . _:s� f � �•..- -Y. 1 Signed: � �� � Titi� Date: � �. D�T � 2 Z��] a d Daro Grant Conhact No. 200�-BZRP-00252 / 2000-1 7 825 t^�::,9 6 . ..� � 2. GRANTEE � �"�' �-�:�i �'--' . _ . F... .>, ; The Grantee certifies that the appropriate person(s) have exec�ed the grant contra�on behalJojthe Grantee ar required ago[icable articles bylaws, re.�[ufrons, or ordinances. � Title: Date: .f ,liC,(./ / 0 By: \ Title: City Attorne Date: By: (.A)'�'itl « Date By: Titl Date By: Title: Mayor Date: L���� � Disfibution: DPSlFAS Grantee State's Authorized Represeniative 2006 Buffer Zone Protection Program (07/07) Page 5 �''L - L! — c'?, '1 Og-13�� ATTACHMENT A Buffer Zone Protecfion Program FY2006 Grantee: St P aul Police Department GrantNumber: o2Q0�`��Zf '' Gf1a�-J��— Appiication Overview Major Objectives Please explain how the resources requested in this application wiil enhance your jurisdiction's ability to prevent a terrorist act and be prepared to demonstrate how home{and security wi{f be improved. Aiso, please indicate how fhe specific items requested support and are consistent with fhe overail State Homeland Security Strategy. To enhance the City of St. Paui's ability to mitigate, prepare for and respond to acts of terrorism. The City of Saint Paul Police Department currently Iacks the items requested or possesses outdated and unreliable items requested. Some items would enhance the Saint Paul Police Departments ability to detect acts of terrorism prior to the act taking place. The Saint Paul Police Department continues to strive to keep up to date with the latest technology in its goal to detect and prevent acts of terrorism. 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O. j, t1 � U p- � 'm � 'O N � lU E U � w � c�m ¢U co mm o i. a QU WQ Up1 (A �-y aBEd d. �i.r = W�� � =Uf:` � 2=s I-- Z w � w c� Q z ¢ � U W � � W C W � �' z � I I Q � � � � �' � � ^, � W U W a. � � � a Z .. Q � J W ci � � � � _ � a a N'. m� 5� 0 U N � O d N � , U 7 ..�. N N w c 1 m U J �L .v � a� n C C � Z c m C.� 0 0 0 0 0 0 0 0 ° o i � u ° o �n in �n � 0 oi oi N » r � � fi1 V3 69 O a a c m � 0 U � � 0 � s � y T � m `m E m U � � � � N � G O >' °_ N (�6 0 � C � � `� � r � O �@ U m O j �� o � U U uJ F c Q m b�! � c N W C � C W 1 �� �� 0 Q E 0 U a E R c C o � n. u; �FSY 6� 4 p 1 �� o �I 0 � � d�a �1�tCl' D��I3�L� EXHIBITA Qet oF Py S � C 'i W � � ` P 4 4����p HOMELAND SECURITY AND EMERGENCY MANAGEMENT Grantee: St Paui Police Department Grant Number. o�"U� ��,��P'Gba-�ja. Program Component: ALL PROGRAM COMPONENTS �,� _ Budget Category Request Equipment $179,550.00 Allocation $179,550.00 Balance � �.a0 TOTAL � �,� Page A-8 ATTACHMENT B FEDER AL AUDTT REQUIREMENTS (�i �?� (�L� For subrecipienrs that are state or local �overnments non-orofit oreanizations or Indian tribes If the gantee expends total federal assistance of $500,000 or more per yeaz, the grantee agrees to obtain either a single audit or a program-specific audit made for the fiscal yeaz in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shail be made annually unless the state or local govemment has, by January 1, 1987, a consritutional or statutory requuement for less frequent audits. For those governments, the federnt co�izant agency shall permit biennial audits, covering both years, if the government so requests. It shall aiso honor requests for biennial audits by governments that haue an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrarive policies in place prior to January 1, 1987. For subrecipients that are institutions of hi�her education or hospitals Tf the grantee expends total direct and ind'uect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circulaz A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the C:eneral Accounting Office`s "Standazds for Audit of Governmental Organizations, Programs, Acfivities, and Functions." The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A- 110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Govemmental Units," issued in 198b. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for cozrective action taken or planned and comments on the status of conective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor sha11 have such access to grantee's records and fmancial statements as may be necessary for ti�e grantor to comply with the Single Audit Act Amendments of 1996 and OMB Cuculaz A-133. 5. Grantees of federal financial assisunce from subrecipienfs aze also required to comply with the Single Audit Act and OMS Circulaz A-133. 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentaYion to support the schedule of federal assistance for at least fout years. 2006 Buffer Zone Protection Program (07/07) B_1 ATTACI-IMENT B !� �( 3 �L{ Reguired audit renorfs mnst be fiIed with the Sfate Auditor's Office Sinsle Audit Division and with federal and state agencies pmvidina federal assistance and the Denartment of Public Safetv within nine months of the �rantee's fiscal vear end. OMB Circulaz A-133 requues recipients of more than $500,000 in federal funds to submit one copy of ihe auditreport within 30 days afrer issuance to the central clearing�ouse at the following address: Bureau of the Census Data Preparation Aivision 1201 East lOth Street 3effersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Deparhnent of Public Safety's audit report should be addressed to: Minnesota Departrnent of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 2006 Buffer Zone Protection Prograzn (07l07) �_Z Attachment C Page 1 of 2 FEDERAL ASSURANCES Dg � 3 �(� The applicant hereby assures and certifies compliance with ali applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB circulars A-21, A-87, A-102, A- 110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that it: 1. Has the legal authority to appiy for Federal assistance and the institutional, managerial and financiai capability (inciuding funds sufficient to pay the non-Federal share of pro}ect cost)10 ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of fhe United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will estabiish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Wili establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or orqanizational conflict of interest, or personal gain. 4. Wifi i�itiate and complete the work within the appllcable time frame after receipt of approval of the awarding agency 5. WiII comply with the Intergovernmental Personnel Act ofi 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one if the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Su6part F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Titie VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794}, wh�ch prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act if 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (� the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, reiating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 29� ee-3), as amended, relating to confidentiality of a(cohol and drug abuse patient records; (h) Tit�e VII of the Civil Rights Act of 1968 (A2 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or fnancing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (p,L. 91-646) which provide for fair and equitable treafinent of persons displaced or whose property is acquired as a result af Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Attachment C Page 2 of 2 8. Wiil comply, as applicable, with provisions of the Hafch Act (5 U.S.C. §g�5D1-'i 508 and 7324- ��� % 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as appiicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted consiruction subagreements. 1 D. Wi11 comply, ifi appiicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a speciai flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Wifi comply with environmentai standards which may be prescribed pursuant to the foilowing: (a) institution of enviro�mental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-19�) and Erecutive Order (EO) 11514; (b) �otification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of ptoject consistency with the approved State management program developed under the Coastai Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (� conformity ot Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection ot underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Enda�gered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16U.S.C. §§�271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Wili assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §A70), EO 11593 (identification and protection ofi historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Wi{{ comply with P.L 93348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will compiy with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm bfooded animafs held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C: §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Singfe Audit Act Amendments of 1966 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will compiy with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this progsam. ATTACHMENT D CERTIFICATION REGARDING LOBBYING ` lq � r3 �� For State of Minnesota Contracts and Crrants over $100,OQ0 UO 'P-�e nndersigned ce;tifies, to �e best of his or her imowledge and belief that: (1) No Federal appropriafed funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connecfion with the awazding of any Federal conlract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperarive agreement, and the extension, continuaTion, renewal, amendmen� or modification of any Federal contract, grant, loan, or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federai contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure of Lobbying Activities", in accordance with its insh (3) The undersigned shall require that the language of this certification be included in the awazd documents for all subawards at all 6ers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that al] subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. .� Date 2006 Buffer Zone Protection Program (07/07) D-1