08-844Council File #
RESOLUTION
iAl-0JT PAllL. MINNESOTA
Green Sheet #
- _ . _� � �----_._ — --`-- -- �--- _.
� � � Referred To: � � � Committee: Date
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WHEREAS, the City o4 Saint Paul has received a grant of �M125,000.00 from the State oF Minnesota for the 2007 Homeland
Security Grant to purchase and upgrade hazardous materials equipment, and
WHEREAS, the financing and spending plans have not been established for the grant received, and
WHEREAS, the Mayor, pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available
for appropriation funds of $125,000.00 in excess of thase estimated in the 2008 budget; and
WHEREAS, the Mayor recomme�ds that that foflowing addition be made to the 2�08 budget:
FINANCING PLAN: Current Budget Change
510 Fire Responsive Services
35212 - 2007 Homeland Security Grant
3199 - Other Fed Dir Grants - State 125,000.00
- 125,000.00
08-S�t�
3056630
Budget
125,000.00
125,000.00
SPENDING PLAN:
510 Fire Responsive Services
35212 - 2007 Homeland Security Grant
0299 - Other Misc. Services 23,�20.00 23,020.00
0356 - Safety Supplies 40,390 00 40,390.00
0848 - Capitalized Equipment - 61,590.00 61,590.00
- 125,000.00 125,000.00
NOW THEREFORE BE IT RESOLVED, that the City Council accepts this grant, authorizes if�e City of Saint Paul to enter into
and implement the attached agreement, which includes an indemnification clause, and approves the changes to the 2008
budget.
Adopted by Council: Date �jG�(���
Adoption Certified by Council Secretary:
By: ___.�i�! /L�31
Approved by a : ate � a����_
�
By:
Requested by Department of:
�
�
�
G
� --
♦ 1 ' ,
ova�,Recommended by pirector of Financial Services:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
OS -8 �/�
- Fire
10-JUL-08
3056630
Contact Person & Phone- Department SentTo Person lnitia1/6ate
Rick Latkin � 0 Fire � _ __ ,
266-5490 ,�� I Fire . DeoarhnentDire __ �
Must Se on CoynciJ F�enda by (Date}: Number - p Fina Services Otfice Financial Services
06-AUG-08 � �� For —
---- RouQng ' 3 C' � Attomey __ _. _
Doa Type: RESOIUTION W/$ TRANSAC Order ; 4 7vIavor's Of6ce Mayor/Assistaut .__� ,
� EAocUment Required: Y , ,
5 Council I CiN Council ' !
, DocumeM ContaM: Jill LaCasse �, � 6 jCiN Cierk CStv Clerk J _ �
i
' ConWct Phone: 228-6257 �
Total # of Signature Pages _(Clip All Locations for Signature)
i, Approval of the attached Council Resolution authorizing the City of Saint Paul to accept the 2007 Homeland Security Grant from the
� State of Minnesota and establish the spending and financing budget.
! Recommendations: Approve (A) or Reject (R): � Personal Service Contracts Must Answer the Following Questions:
Planning Commission � 1. Has this person/firm ever worked under a contrect for this department?
', CIB Committee � Yes No
Civil Service Commission
2. Has this person/frtn ever been a city employee?
Yes PJo
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
�'�, The State of Minnesota has awarded the CiTy of Saint Paul $125,000.00 for the 2007 Homeland Security Grant. This grant will be
', used to purchase and upgrade equipment for the hazardous materials response team.
�
� AdvanWgeslfApproved:
j The City of Saint Paul will be able to purchase and upgade equipment. Also, a spending and financing plan will be established for
�� the 2007 Homeland Security Grant.
� Disadvantages If Approved:
! None.
f
i
�', DisadvanWges If NotAQproved: �
; Lost opportunity to receive funding to purchase and upgrade equipment.
I
�� ,.,za;
3 y,� �
�� � .�."
' Total Amount of — — ��� � t- I
Transadion: $125,000.00 CostlRevenue eutlgeted: y ��
.ss'v za-
FundingSource: Grant ActivityNumber.510-35212 ��a��` ' , � i
� Financial Information: � ' ` - �
j ��
(Explain) - �
July 10, 20Q8 7:44 AM Page 1
i / �
�♦ •
. ..._ .. . . . ...ri73tl.i-E�gZP„eF[i2A1_' "_ _' __ __.
Minnesota Department of Public Safety ("State") Grant Program:
Homeland Security and Emergency Management Division 2007 Homeland Security Cnant Pro�am
444 Cedar Street, Suite 223
St. Paul, Minnesota 55101-6233 Grant Agreement No.:
2008-HSGP-00662/2000-12397
Grantee: Grant Agreement Term:
City of St Paul Fire and Safety Services Effective Date: 7/U2008
100 E l lth Sueet Espirariun Date: 3(30l2Q1�
St Paul, Minnesota 55101
Grantee's Authorized Representative: Grant Agreement Amount:
Rick Larkin, Emergency Management D'uector Original Agreement $125,000.00
City of St. Paul Matching Requirement $ 0
367 Grove Street
St Paul, Minnesota 55101
Phone:(651)266-5490
FaY:(651)228-6240
Email: rick.larkin cf.s aul.mn.us
State's Authorized Representative: Federal Funding: CFDA 97.067
Sherrill Neudahl, Grants Specialist State Funding:
444 Cedar Street, Suite 223 Special Conditions: None
St Paul, MN 55101
Phone:(651)201-7421
FaY:(651)296-0459
Email: SherrillNeudahl state.mn.us
Under Mmn. Stat. § 299A.01, Subd 2(41 ihe State is empowered to enter into this grant agreement.
Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn.
Stat. § 16C.05, subd. 2, whichever is later. Once this grant agreement is fully executed, the Grantee may claim
reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement.
Reimbursements will only be made for those expendituses made according to the tezms of this gxant agreement.
Expirarion date �s the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
The Grantee, who is not a state employee will:
Perform and accomplish such purposes and activities as specified hesein and in the Grantee's 2007 Homeland
Security Grant Program Application ("Applicarion") which is incorporated by reference into this grant agreement
and on file with the State at 444 Cedar Street, Suite 223, St. Paul, Minnesota 55101-6233. The Grantee shall also
comply with all requirements referenced in the 2007 Homeland Security Grant Program Guidelines and
Application which includes the Terms and Conditions, which aze incozporated by reference into this grant
agreement.
Budget Revisions: As stated in the Grantee's Application, the Grantee will submit a wrltten change request for
any substitution of budget items or any deviarion of more than I S% from the approved budget category amounts
in ffie Grantee's Application. Change requests for subsuturion of budget items, or a deviation of more than I S%
from the approved budget category amount must be given in �iting to tUe State's Authorized Representarive and
at least 60 days prior to the Expirarion date of this grant agreement. Grautees whose requests have been approved
will be notified in writing by the State's Authorized Representative to the Grantee's Authorized Representative.
Requests must be approved prior to any expenditure by the Grantee.
DPS Grant Agreement non-sta[e 02/08
�s-���
G�axt A
_ .> > .. ; - --
green�ext ---.. _ _ _
�' -- - -- ---
-- - - -- - -- -
Matching Requirements: (If applicableJ As stated in the Grantee's Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
Payment: As stated in the Grantee's Application, the State will promptly pay the Grantee after the Crzantee
presents an invoice for the services actually performed and the State's Authorized Repiesentative accepts the
invoiced services. An invoice foim will be provided by the State to the Grantee and must be submitted rimely and
according to the following schedule:
a. Grantee will submit the invoice along with copies of the Grantee's itemized invoices for actual costs incurred
quarterly, but not more often than monthly, and within 30 days of the period covezed by the invoice.
b. Expenditures fox each state fiscal yeaz (July through June) of this grant agreement must be for secvices
sarisfactorily performed within applicable state fiscal years. The fmal invoice of this grant agreement must be
received by the State no later than 30 days after the Expiration date or termination of this gant agreement.
c. Grantee will submit financial and narrarive perfoimance reports at least quarterly, but not more often than
monthly. The nanative performance report shall consist of a comparison of actual accomplishments to the
approved work plan in the Grantee's Application. These reports must be submitted before reimbursement
will be paid.
Cenification Regarding Lobbying: Grantees receiving federal funds over $100,000.00 must complete and retum
the Certification Regarding Lobbying fortn provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION
Individu¢I cen�es tha! funds have been encumbered as
required by Minn Stnt §§ 76A.15 antl !6C O5.
Signed:
Date:
Grant Aa eement No 2008-HSGP-00662 / 2000.12397
3. ST9TE AGENCY
By:
(with delegated authonty)
TiBe:
Date:
2. GRANTEE
The Grantee cerbfies that the Appropriaie person(s)
have zxecuted grani ao eement or� beha f of the Grantee
as requmed by applacable nrticles, bylaws, resoluaons, or ardmances.
B
Title:
Date
Date:
By: _
Title:
Distnbunon: DPS/FAS
Grantee
State's Authorized Representatrve
DPS Grant Agreemen[ non-s[ate 02/08
Emergency Management
Proiect information Sheet
bs-��fcf
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1. FISCAL AGENT {This is the agency named in the grant agreement that wil( he responsible for the
administration of the grant.)
Legal Name: City of St. Paul, Fire and Safety Services Phone: 651-228-6257
Address: 100 East 11�' Street � Fax: 651-228-6255
Cifij21P SainE Paul, MN 55101
2. AUTHOR(ZED k2EPRESENTATIVE (This is the person whose name should appear in the grant
agreement and who wiil be responsible for ensuring that the terms and conditions of tfie
agreement are met. This person does not have to have signature authority, but must be an
emp4oyee of the fiscal agent cited in #1.)
Name and Title: Rick Larkin, Emergency Management Director Phone: 651-266-5490
Address: 367 Grove Street
City21P Saint Pau1, PAN 55101
Fax: 651-266-5493
E-mail: rick.larkin@ci.stpaul.mn.us
PROGRAM MAIN CONTACT (This is the person that HSEM can contact for any programmatic
questions.)
Name and Titie: Chris Cook, Fire Captain Phone: 612-867-7388
Address:505 PayneAvenue ( Fax: 651-228-6240
Cit /ZIP Saint Paul, MN 55101 E-mail:
Y christopher.cook@ci.stpaul.mn.us
4. FiNANCIA! CONTACT (This is the person fhat HSEM can contact for any financial questions.)
Name and Title: Jili LaCasse, Accountant Phone: 651-228-6257
Address: 1�0 East 11 Street � Fax: 651-228-6255
City/ZIP Saint Paul, MN 55101
E-mail: jill.lacasse@ci.stpaul.mn.us
5. CON7RACT MAILING CONTACT (Which individual above should receive the agreement packet
in the mail and be responsible for obtaining the correct signature(s) on the agreement and
compfeting the necessary forms?)
Name: Rick Larkin
367 Grove Street
Saint Paul, MN 55101
Note: If awarded, the Grant Agreement CONTRACT SIGNATORY must have the legal authority to
sign for this agency as required by applicable articies, byiaws, resolutions, statute or defegation.
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TERMS-[�I�2-CQ�ID ��TTC ._ ._- _ _-_. - - _ _.�.__
_-- - _ -- --- ---
-- - �� - ---
. _ -- --
___ - --28FXT�IomelazicFSecbnty firaut�resgrani;�pphc`ationNo." A-1-TSGP-23587-2008-7019
The Grantee/awazdee (which refers to the applicant's staws after it has been awazded grant funds) shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and provisions stated herein in the performance
of the grant awazd.
1. Survival of Terms
The following clauses survive the eatpiration or cancellarion of the awazd: 9. Liability; 10. Audits; 11. Govemment Data
Practices; 13. Publicity and Endorsemen� 14. Governing Law, Jurisdicfion and Venue; and 16. Data Disclosure .
2. Financial and Administrative Provisions
The Grantee/awazdee will comply with all program guidelines specified in the 2007 Homeland Security Grant Program
Guidelines and Granteelawazdee's application wluch are incorporated herein by reference.
Payments under this award will be made from federai funds obtained by the State through CFDA #97.067, supported
under Department of Homeland Secwity Appropriations Act, 2007, P.L.109-295. Tiie C'mntee/awazdee is responsible for
compliance with all federal requirements imposed on these funds and accepts full financia] responsibility for any
requirements imposed by the Grantee/awazdees failure to comply with federal requirements.
Budget Revisions: The Grantee/awardee will submit a written change request for any substitution of budget items or any
deviation of more than 15% from the approved budget category amounts. Change requests for substitution of budget
items, or a deviarion of more than 15% from the approved budget category amount must be giyen in writing to the State's
Authorized Representative and at least 60 days prior to the Expiration date of the grant agreement. Grantee/awazdees
whose requests have been approved will be norified in writing by the State's Authorized Representative to the
Grantee/awazdee's Authozized Representative. Requests must be approved prior to any expenditure 6y the
Grantee/awazdee.
Matching Requirements: The Grantee(awazdee certifies that the matching requirement, if applicable, will be met by the
Grantee/awardee.
3. Payment Terms
Payment: The State will promptly pay the Granteelawazdee after the Crrantee/awardee presents an invoice for the services
actually performed and the State's Authorized Representative accepts the invoiced services. An invoice form will be
provided by the State to the Grantee and must be submitted timely and according to the following schedule:
a. Grantee/awardee will submit the invoice along with copies of the Grantee/awazdee's itemized invoices for actual costs
incurred quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice.
b. Expenditures for each state fiscal yeaz (July through June) of the grant agreement must be for services satisfactorily
performed within applicable state fiscal yeazs. The fmat invoice ofthe grant agreement must be received by the State
no later than 30 days after the Expiration date or termination of the grant ageement.
c. Granteefawardee wi11 submiE financial and nazrative performance reports at teast quarterly, but not more often than
monthly. The narrative performance report shall consist of a comparison of actual accomplishments to the approved
work pian. These reports must be submitted beforE reimbvrsement will be paid.
Under Minn. Stat. § 16B.98 subd. 1, the Grantee/awazdee agrees to minimize adminisfrative costs.
4. Time
The Grantee/awazdee must comply with all the time requirements described in the application and grant agreement. In the
performance of the awazd, time is of the essence.
5. Consideration and Payment
The State will pay for all services performed by the Grantee/awazdee under the grant agreement as a reimbursement
according to the breakdown of costs contained in the 2007 Homeland Security Grant Program Guidelines and
Grarnee/awazdee application that will be included in the grant agreement.
non-state (11/07)
�s-��f�
Under Minn. State § 16B.98 subd. 7, payments to the Grantee/awardee ma�.notbe�ss�e�Lth_? ���at�s---------
_. _ - — -- _ _ ____
-- - -
- -�---- ---
— fiill e�cecut� — ---- -- — __ __`
�-- ---- — — —
6. ConditionsofPayment
All services provided by the Grantee/awazdee under the grant agreement must be performed to the State's saTisfaction, as
determined at the sole discretion of the State's Authorized Representarive so named in the grant agreement and in
accoxdance with ali applicable federal, state, and local laws, ordinances, rules and regulations. The Cnantee/awazdee will
not receive payment for work found by the 5tate to be unsatisfactory or performed in violation of federal, state or local
law.
7. Anthorized Representative
The State's Authorized Representarive or hislher successor, is so named in the grant agreement and has the responsibility
to monitor the Cnanteelawazdee's performance and has the authority to accept the services provided under the grant
agreement opporhmity. If the services are satisfactory, the State's Authorized Representative will certify acceptance on
each invoice submitted for payment.
The Grantee/awazdee's Authorized Representative is so nazned in the grant agreement. If the Grantee/awardee's
Authorized Representative changes at any rime during the grant agreement, the Grantee/awardee must immediately notify
the State.
8. Assignment, Amendments, Waiver, and Grant Agreement Complete
The C�ranteelawazdee may neither assign nor 4ansfer any rights or obligations under the grant agreement without the prior
consent of the State and a fully executed Amendment, executed and approved by the same parties who executed and
approved the grant agreement, or their successors in office.
Any amendment to the grant ageement 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 grant agreemem, or their successors in office.
If the State fails to enforce any provision of the grant agreement, that failure does not waive the provision or its right to
enforce it.
1'he grant agreement contains all negotiations and agreements between the State and the Grantee/awazdee. No other
understanding regarding the grant aa eement, whether written or oral, may be used to bind either party.
9. Liability
Grarnee/awazdee must indemnify, save and hold the State, its agents, and employees harmless from any claims or causes
of action, including alI attomeys' fees incurred by the State arising from the performance of the grant agreement by the
Grantee/awazdee or the Grantee/awardee's agents or employees. This clause will not be conshved to bar any legal
remedies the Grantee/awazdee may have for the State's failure to fuifill its obligations under tUe grant agreement and
subsequent grant agreements. The liability for Grantee/awazdees that aze municipalities is govemed by Minn. Stat. § 466
and any other applicable law, rule or regularion.
10. Audits
Under Minn. Stat. § 16B.98, subd. 8, the books, records, documents, and accounting procedures and practices of the
Grantee or other pariy that are relevant to the grant agreement ar transacrion aze subject to e�minarion by the State,
and/or the State Auditor or Legslative Auditor as appropriate, for a minimum of six years from the grant agreement end
date, receipt and approval of all fmal reports, or the required period of time to satisfy all state and program retention
requirements, whichever is later. Federal audits shall be governed by requirements of federal reguiations.
If the Grantee/awazdee (in federal OMB Cuculaz language known as "subrecipienY') receives federal assistance from the
State of Minnesota, it will comply with the Single Audit Act Amendments of 1996 as amended and Office of
Management and Budget Circulaz A-133, "Audits of States, Local Govemments and Non-Profit Organizafions" for audits
of fiscal yeazs beginning after 3une 30,199b; and
non-state (l1/07)
os-8�1y
Required audit reports must be filed with the State
year
11. Government Data Pracrices
The Granteelawardee and the Sta#e must comply with the Minnesota Govemment Data Practices Act, Minnesota Statutes,
Chapter 13, as it applies to all data provided by the State under the grant agreement, and as it applies to all data created,
collected, received, stored, used, mairnained or disseminated by the Grantee/awazdee under the grant agreement. The civii
remedies of Minnesota Statutes, secrion 13.08 apply to the release of the data referred to in this clause by either the
Granfeelawazdee or the State.
Tf the Grantee/awardee receives a request to release the data referred to in this clause, the Grantee/awardee must
immediately notify the State. The State will give the Grantee/awazdee instructions conceming the release of the data to
the requesting party before the data is released.
12. Workers' Compensafion
Cnanteelawazdee certifies that it is in compliance wrth Minnesota Statutes, § 116.181, subdivision 2, pertauring to
workers' compensafion insurance covexage. The Grantee/awazdee's employees and agents will not be considered State
employees. Any claims that may azise under the Minnesota Workers' Compensation Act on behaif of these empioyees
and any claims made by any third pariy as a consequence of any act or omission on the part of these employees aze in no
way the State's obligation or responsibility.
13. Publicity and Endorsement
Any publicity regarding the subject matter of the grant agreement must identify the State and the U.S. Department of
Homeland Security as the sponsoring agencies and must not be released without prior written approval from the State's
Authorized Representative. The Gxantee/awardee must not claim tt�at the State endorses its products or services.
14. Governing Law, JurisdiciSon, and Venue
Minnesota law, without regazd to its choice-of-law provisions, governs the grant agreement. Venue for all legal
proceedings out of the grant agreement, or its 6ieach, must he in the appropriate state or federal court with competettt
jwisdiction in Ramsey County, Minnesota.
15. Terminarion
Terminaflon by the State. The State may cancel the grant agreement at any fime, with or without cause, upon 30 days'
written norice to the Grantee/awazdee. Upon termination, the Grantee/awardee will be entitled to payment, determined on
a pro rata basis, for services satisfactorily performed.
Termination for Insufficient Funding. The State may immediately terminate the grant agreement if it does not obtain
funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to
allow for the payment of the services under the grant agreement. Termination must be by written or fax notice to the
Gxantee/awazdee. The State is not obligated to pay for any services that are provided after notice and effective date of
termination. However, the Granteelawazdee will be entifled to payment, determined on a pro rata basis, for services
salisfactorily performed to the extent that funds aze available. The State will not be assessed any penalTy if the gant
agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate
funds. The State must provide the Grantee/awazdee notice of the lack of funding within a reasonable time of the State
receiving that norice.
Termination for Failure to Comply. The State may cancel the grant agreement immediately if the State finds ffiat there
has been a failure to comply with the provisions of the grant awazd, 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 pmtect the
interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the retum o£ all or part
of the funds a]ready disbursed.
nomstate (I I/07)
og-Sy��
16. Data Disclosure
_- =--_"-- -- --------
_ -- sectinry number; federal employer tax identification number, and/or Minnesota tas identifica6on number, already
provided to the State, to federal and state t� agencies and state personnel m�olved in the payment of state o6ligations.
These identification numbers may be used in the enforcement of federal and state ta:c laws w}uch could result in action
requiring the Grantee/awazdee to fiIe state taac returns and pay delinquent state taac liabiliries, if any, or pay other state
liabilities.
17. Equipment
The Grantee/awazdee will:
a Provide all necessary training to its employees conceming the use of equipment purchased through this grant, and
shall not permit the equipment to be tampered with or operated by individuals who aze not properiy trained.
b. Assume total responsibility for the proper handling, use, and maintenance of the equipment and bear all costs of
maintenance, repa'v, and/or replacement related to equipmerrt. Equipment purchased tluough this grant is the properry
ofthe Grantee(awazdee.
c. When practicable, any equipment purchased with grant funding shall be prominently mazked as follows: `Purchased
with funds provided by the U.S. Departmetrt of Homeland Security,"
18. Other Provisions be it nnderstood:
a By filing of this applicarion, the applicant has therefore obtained the necessary legal authority to apply for and receive
the proposed grant;
b. The filing of this appJication has been authorized by applicanYs goveming body, and the o�cial who has applied
his/her electronic signahue to this application has been duly authorized to file this applica6on for and bn behalf of
said applicant, and otherwise to act as the representative of the applicant in connection with flus application;
c. The activities and services for which assistance is sought under this grant will be administered by or under the
supervision and control of appticant;
d. Grant funds shall not be used to supplant funds normally budgeted by the applicant/agency;
e. Fiscal control and accounting procedures will be used to ensure proper disbursement of all funds a�varded;
f. The applicanYs Authorized Representafive is so nazned on the application cover sheet. If the Authorized
Representative changes at any time during the gant award period, the applicant/Grantee/awazdee must immediately
notify the State;
g. The Grantee/awardee agrees to comply with the foilowing standazds and requirements:
1. Federal Audit Requirements, included in this application;
http•//www hsem state mn us/unloadedfile/Federai Audit Requirements �df
2. Federal Assurances, included in this application;
3. Certificarion Regarding Lobbying, for Grantee/awazdees receiving $100,000.OQ included
in ihis application. http:/hwrN.hsemstate.mn.us/unloadedfilelCertification Reeardin�Lobb in .ndf
Agreement fo Acknowledge the Terms and Conditions are Incorporated Into the Grant Agreement:
❑
By checking the box above, Uwe �ns �k [name o£ Applicant Organization
Representative] as an authorized Representarive for St. Paui Fire Dept.
(Anplicant Oreanizarion's Namel the Applicant, acknowledge that I have read the Terms and Conditions in their entirety
as stated within the Application materials and acknowledge that the Terms and Conditions will be incorporated into the
Crram Agreement if funds are awazded to the Appiicant under this Application. As authorized, if the Applicant is awazded
funds under this Application, I will submit the required dacuments and certification on behalf of the Applicant
Organization.
non-state (17/07)