HomeMy WebLinkAboutContract 1791Grant Contract #2000-9757
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Division of
Homeland Securi .ty and Emergency Management, 444 Cedar Street, Suite 223, St. Paul, Minnesota 55101 ("State") and
.Ci _ty of Columbia Heights, 590 40th Avenue NE, Columbia'Heights, MN 55421 ("Grantee").
Recitals
1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2 (4) the State is empowered to allocate and disburse federal aid made
available through the Department of H0meland Security and is empowered to enter into this grant contract.
2 The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the 2004 Homeland
Security Grant Program, Award Number 2004-GE-T4~0028, to provide law enforcement communities enhanced
capabilities by providing funding for equipment, exercises, training, planning and organizational activities.
3 The Grantee represents that it is duty qualified and agrees to perform all services described in this grant contract to the
satisfaction of the State.
· Grant Contract
Term of Grant Contract
1.1 Effective date: August 15, 2004, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has. been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: November 30, 2005, Or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
1.3 Survival of Terms. The following clauses surVive the expiration or cancellation of this grant contract: 8. Liability;
9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction,
and Venue; and 15. Data Disclosure.
Grantee's Duties
The Grantee, who is not a state employee, will:
.2.1 Perform the work in the Grantee's 2004 Law Enforcement Terrorism Prevention Program Application, Attachment
A, which is attached and incorporated into this grant contract. Approved equipment, exercise, training, planning,
and/or management and administration costs identified in Attachment A were approved from the 2004 Law
Enforcement Terrorism Prevention Program Guidelines incorporated into this grant contract by reference.
2.2 Comply with all program guidelines specified in the 2004 Law Enforcement Terrorism Prevention Program
Application Packet provided to the Grantee by the State, and will comply with the standards and requirements
attached and incorporated into this grant contract. These additional standards and requirements are the following:
a. Federal Audit Requirements, labeled Attachment B, which is attached and incorporated into this grant contract.
b. Federal Assurances, labeled Attactanent C, which is attached and incorporat, ed into this grant contract.
c. Grantees receiving $100,000.00 or more must Complete and return the Certification Regarding Lobbying form,
labeled Attachment D, which is attached and incorporated into this grant contract.
2.3 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 docmrtentation certifying that a
reduction in non-federal resources occurred for reasons other thaa the receipt or expected receipt of federal funds.
2.4 .Provide all necessary training to their employees concerrfing the use of equipment purchased through this .grant
contract, and shall not permit the equipment to be tampered with or operated by individuals who are 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.
2.6 Equipment purchased through this grant contract is the property of the Grantee.
3 Time
The Grantee must comply with all the tinae requirements described in this grant contract. In the performance of this
2004 Law Enforcement Terrorism Prevention Program (08/04) Page 1
Grant Contract #2000-9757
grant contract, time is of the essence.
Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:
(1) Compensation. The Grantee will be reimbursed an amount not to exceed $186,600.00 according to the
breakdown of costs specified in Grantee's 2004 Law Enforcement Terrorism Prevention Program Application,
Attachment A, which is attached and incorporated into this grant contract. The Grantee will submit a written
change request for any substitution of budget items in Attachment A, or any deviation of more than 15% from
the approved budget category amounts in Attachment A. Change requests for substitutions of budget items, or
a deviation of more than 15% from the approved budget category amount must be given in writing to the
State's Authorized Representative and at least 60 days prior to the Expiration date of this grant contract.
Grantees whose requests have been approved will be notified in writing by the State's Authorized
Representative to the Grantee's. Authorized Representative. Requests must be approved prior to any
expenditure by the Grantee.
(2) Matching Requirements. (If Applicable.) 'Grantee certifies that the following matching requirement, for the
grant contract, will be met by the Grantee: $0,000.00.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant contract will not exceed $i 86,600.00.
4.2 Pay~nent
(1) Grant Billing Form. The State will promptly pay the Grantee after the Grantee presents a Grant Billing Form
for the services actually performed and the State's Authorized Representative accepts the invoiced services.
Grant Billing Form must be submitted timely and according to the following schedule:
a. Grantee will submit the Grant Billing Form along with copies of Grantee's itemized invoices for actual
costs incurred at least'bi-annually due June 30 and December 31 for the life of the grant, but not more often
than monthly and within 30 days of the period covered by the Grant Billing Form.
b. Expenditures for each state fiscal year (July through June) of this grant contract must be for services
satisfactorily performed wi~in applicable state fiscal year. Final Grant Billing Form pertaining to the first
state fiscal year of this grant contract must be received by the State no later than August 15, 2005.
Reimbursements fi:om the second state fiscal year may commence on or after July 1, 2005. The final Grant
Billing Form pertaining to the second state fiscal year of this grant contract must be received by the State
within 45 days of the Expiration date of this grant contract.
c. Grantee will submit fmancial and narrative performance reports at least bi-annually due June 30 and
December 31, for the life of the grant, but not more often than monthly. The narrative performance report
shall consist of a comparison 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 secti°n does not apply) Payments under this grant contract
wil. u~ tmtu~ n'vm ~euerai funds obtained by the State through CFDA # 97.004, Ptgohc Law i08-90, the
Department of Homeland Securi _ty Appropriations Act, 2004. The Grantee is responsible for compliance with
all federal requirements imposed on these funds and accepts full £mancial responsibility for any requirements
imposed by the Grantee's failure to comply with federal requirements.
Conditions of Payment
All services provided by the Grantee under this grant contract must be per, formed 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 unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Boyd Rasmussen, Grants Specialist, Division of Homeland Security. and
Emergency Management, 444 Cedar Street, Suite 223, St. Paul, MN 55101-6623, (651) 282-5397, or his/her
successor, mhd has the responsibility to monitor the Grantee's performance and the authority to accept the services
2004 Law Enforcement Terrorism Prevention Program (08/04) Page 2
Grant Contract #2000-9757
provided under this grant contract. If the services are satisfactory, the state's Authorized Representative will certify
acceptance on each Grant Billing Form submitted for payment.
The Grantee's Authorized Representative is Thomas Johnson, Chief Of Police, Ci_ty of Columbia Heights, 599 Mill
Street NE, Columbia Heights, MN 55421, (763) 706-3755. If the Grantee's Authorized Representative changes at
any time during this grant contract, the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignmen~ The Grantee may neither assign nor transfer any rights or obligations 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.
7.2/!mendznents. 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 grant contract, or
their successors in office.
7.3 Vr~aiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee. No other undersfanding regarding this grant contract, whether written or oral, may be used to
bind either party.
Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless 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 bar any legal remedies
the Grantee may have for the State's failure to fulfrll its obligations under this grant contract.
9
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimmn of six years from the end of this grant contractl
10
Government Data Practices
The Grantee and State must comply with the Minnesota Govenunent Data Practices Act, Mgm. Stat. Ch. 13, as it
applies to all data provided by the State under this grant contract, 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
the State. The State will give the Grantee instructions concerning the release of the data to the requesting party
befOre the data is released.
11
Workers' Compensation
The Grantee certifies that it is in compliance with Mime. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise m~der the Minnesota Workers' Compensation Act on behalf of these employees and any
claims made by any third party as a consequence of any act or om/ssion on the part of these employees are in no
way the State's obligation or responsibility.
12
2004 Law Enforcement Terrorism Prevention Program (08/04)
Publicity and Endorsement
12.1 Publicity. Any Pubhcity regarding the subject matter of tltis grant contract must identify the State as the
sponso~g agency and must not be released without prior written approval from the'State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and shuilar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
Page 3
15
13
14
Grant Contract #2000-9757
resulting from this grant contract.
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
Governing Law, Jurisdiction, and Venue
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 federal court with comPetent
jurisdiction in Ramsey County, Minnesota.
Termination
14,1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon
30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
14.2 Tertnination for Insufficient Funding. The State may immediately terminate this grant contract 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 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 Grantee will be entitled to payment, determined on a pro rata basis,
for services satisfactorily performed to the extent that funds are available. The State will not be assessed any
penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds. Th~ State must provide the Grantee notice of the lack of funding
within a reasonable time of the State receiving that notice.
14.3 Termination for Failure to Comply. The State may cancel this grant contract immediately if the State finds
that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been
made or that the purpose for which'the funds were granted have not been or will not be fulfilled. The State
may take action to protect the interests of the State of Mim~esota, including the refusal to disburse additional
funds and requiring the return of all part of the funds already disbursed.
Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the 'State, to federal and state tax agencies and state personnel inuolved in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state tax laws which could result in
action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state
liabihties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2004 Law Enforcement Terrorism Prevention Program (08/04) Page 4
Grant Contract #2000-9757
1. ENCUMBRANCE VERIFICATION
Individual certifies that funcls have been encumbered as
required by Minn. Stat. §§ 16A. 15 and 16C. 05.
Signed:
Date:
Grant Contract No. 2000-9757
2. GRANTEE
The 'Grantee certifies that the appropriate person(s.)
have executed the grant contract on behalf of the Grantee as
Title.'. ~ "--~/~---~ ~ ~ ~
3. STATE AGENCY
By:
Title:
(with delegated authority)
Date:
Distribution:
- DPS/FAS
Grantee
State's Authorized Representative
2004 Law Enforcement Terrorism Prevention Program (08/04) Page 5
M~a~- o~ b~ io:5oa
2004 LAW ENFORCEMENT
TERRORISM PREVENTION PROGRAM
706-3752 p. 2
ATTACHMENT A
Must be submitted by close of business 05/14/04
Juri~diction Columbia Heights P,olice Dep, artment
Contact Name Thomas Johnson
Chief of Police-
Title
Address 599 Mill Street NE
City Columbia Heiyohts
E.mail Address f
Phone 763.700-3755
County Anoka State: MN Zip 55421-381,
Fax Number
763.7O6-3752
Please enter the amount awarded ~o yourJurisdiction for
Award Amount this grant, contact HSEM staff if this amount is not known. $ t86,600
Retained by County $ Dispersed to Cities/Townships $ '
IMAJOR .OBJEC_T~VES- Please expl"~==~a"'~m~~~in how the resources requested !~ this application will enhance
your jur~sdiction s ability to prevent a terrorist act and be prepare.? to demonstrate Iiow homeland
securitY will be improved. Also, please indicate how the specific Items requested support and are
consistent with the overall State Homeland Security Strategy.
The city of Columbia Heights seeks to combine communications interoperability' enhancements with
a-multi-Jurisdictional proQram that would link Auxiliary First Responders trained through the CERT
~r°gram of Columbia Heights with those from 3 other communities. The primary focus of this.
~rogram is twofold. First, it would develop a database Of certified Auxiliary First Responders that
;auld be accessed by such criteria as geographical area, training or expertise in cedain areas
~ertaining to public safety and security, and other useful categories. Secondly through the use of ·
;pecializedcommunication equipment, these persons, could be contacted and deployed
~utomatically with minimal resource expenditure by public safety departments.
=.xplain how resources requested supp. ort the overall State Homeland Sec,urity Strateq¥. In
iddition, please reference the specific _q0ali objective and implementation step(s) identified
in the State Stratoqy that these requested resources address:
(Goal 7 - Obi A) The city of Columbia Heights will improve interoperable communications between
auxiliary first responders and law enforcement. Once on site these first responders will be able to
communicate With all other public safety personnel contlbute to a coordinated effort to control,
~ornfnJn :and miflnnf~ hnTnrH~ nme[ fhrpntn fhc>rnhv r~flllninn nr nr~_v~ntinn ;nh~ri~n nnr{ rqnmnnc~ ,
Si Date:.
2004 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
EQUIPMENT WORKSHEET
Please use the highlighted lines below each category to indicate intended equipment purchases.
more lines are required, use those provided on the "Add'l Eqpt Lines" tab.
* UNIT PRICE SHOULD INCLUDE TAX AND SHIPPING/HANDLING EXPENSES
** FIRST RESPONDER ALLOCATION: Please use the drop-down list to indicate the allocated discipline for the units
(QTY') to be purchased. For example, if seven Units are to be purchased fo~: HazarUous Materialsl select the HZ value.
If more than one discipline is receiving purchased units, specify the allocation using subsequent lines as shown in the
example.
Discipline LE - Law Enforcement FS - Fire Service
Abbreviations: EMS - Emergency Medical Services HZ - Hazardous Materials
EMA - Emergency Management PW - Public Works
1. Personal Protective Equipment
If
PS - Public Health
GA - Governmental Administrative
HC - Health Care
· PSC - Public Safety Communi.cations
Level B. Liquid Splash Resistant Clothing Unit Price*·QTY Total Discipline** t~tate
Use
$ - $
.$ . $ -
$ $ -
-
I~ I I
Level A. Fully Encapsulated Suits Unit Price* QTY Total Discipline** State
Use
~,,~.p
$
$ - $
$ . . $ -
$ $ -
$ - $ -
$ - $ -
$ $ -
$- · $
Sustainmen Costs
Subtotal $
2004 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
Sustainment Costs
'~ubtotal
Level C. Liquid Splash ResiStant Clothing with
Air-Purif¥in.cl Respirators Unit Price* QTY Total Discipline** Stateuse
$ -
.... $ $
$ $
$ - $
$ $
$ - $
$ -
Sustainment Costs $ -
Subtotal -
Level D. Escape Mask for Self-Rescue Unit Price* QTY Total Discipline** Stateuse
$ $ -
Sustainment Costs $ _
2004 LAW ENFORCEMENT TERRORISM PREVENTION PROGI::b~M
2. Explosive Device Mitigation & Remediation Equipment
('Bomb Squads ONLY)
Item Unit Price* QTY Total Discipline** State
Use
$ $ ~
$ $ ~'
$ - $ ~
Sustainment Costs $ _' $ _ ~
Subtotal $ ~z~;~
3. Interoperable Communications Equipment
(all equipment should be APCO 25 compliant)
State
Item Unit Price* QTY Total Discipline** Use
Motorola 800 Mhz 2-way Portable Radio $ 2,500.00 60 $ 150,000 LE
911 Computerized Reverse Dialing System $ 33,000.00 1 $ 33,000 LE
$ LE
$ $ -
$ $
$ - $ -
Sustainment. COs(s T1 phone Line (for 2Year grant ;period) $ _. $ '
Sustainment Costs $ 3,600.00 1 $ 3,600 LE.
4. Physical Security Enhancement Equipment
Item Unit Price* QTY Total Discipline** State
Use
$ $ ~
$ $ -
2004 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
Sustainment Costs
Subtotal
5. Terrorism Incident Prevention Equipment
Item Unit Price* QTY Total DisciPline**`State
Use
$ - $
$ -
SuStainment Costs $ - $
Subtotal $
6. CBRNE Logistical Support Equipment
Item Unit Price* QTY Total DisciPline** State
Use
. .
· . $ '._ $ -~ -~
'.
$. - $
· $ - $
$ $ -
$ - $
Sustainment Costs $ $
Subtotal $ . ~~1
2004 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
7. CBRNF Incident Response Vehicles
(See authorized Equipment List for allowable vehicles)
Item Unit Price* QTY Total Discipline** State
Use
$ . - $ - ~?~
$ - $ ~
$ $ .... .~ ....
$ $ - ~'~
$ - $ - ~
Sustainment Costs $ _ $ ~
Subtotal $ ~
8.. CBRNE Reference Materials
Item Unit Price* QTY Total Discipline** State
Use
$
$ $ ~,
- .~
$ $
$ - $ -
$ $
'$
$ - $
Sustainment Costs
Subtotal $.
9. CBRNE Prevention and Response Watercraft
(Special Approval from ODP Required)
State
Item Unit Price* QTY Total Discipline** Use
$ $
$ $ ~
$ - $
- _ ~Z~.~
$ $ -
2004 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
Sustainment Costs
!~ubtotal
10. Intervention Equipment
.. (must comply with 28CFR, Parts 66 and 70)
Item Unit Price* QTY Total Discipline**State
Use
$ - $ -
$ - $ ~
$ - $ - ~
$ $ ~¢
$ - $ ~
$ - $ - ~
$ - $ · _ ~
$ - $ -
$ - $ - ~
Sustainment Costs $ $. . ~
!Subtotal $ - ~ ~
11. Cyber Security Enhancement Equipment
item ·
Unit Price* QTY Total Discipline** State
Use
$ - ,$ _
. $ $
.,.. $. - $
$ - $
$ - $ -
, - ~:,
$ - $
Sustainment Costs $ · $
8 ubtotal $
2004 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
12. Other Authorized Equipment and Related Costs
Item Unit Price* QTY Total Discipline** State
Use
$ $
$ $
$ $
$ $
$ $
$ - $ -
$ - $ -
Sustainment Costs $_ $ _
Subtotal $ .
ITotal Equipment Amount Requested
186,600
Grant Contract #2000-9757
ATTACItMENT B
FEDERAL AUDIT REQUII!EMENTS
For subrecipients that are state or local governments, non-profit oreanizations, or Indian tribes
'2.
If the grantee expends total federal assistance of $300,000 or more per year, the grantee agrees to obtain either a single
audit or a program-specific audit made for the fiscal year in accordance with the terms of the Single Audit Act
Amendments of 1996.
Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory
requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biem~_ial audits,
cOveting both years,' if the govermnent so requests. It shall also honor requests for biennial audits by governments that
have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative
policies in place prior to January 1, 1987.
For subrecipients that are institutions of higher education or hospitals
If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain
a financial and compliance audit made in accordance with OMB Circular A~ll0 "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 fimds in accordance with applicable laws and
regulations.
The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a
pubhc accountant who meets the independence standards specified in the General Accounting Office's "Standards for
Audit of Goverranental Organizations, Programs, Activities, and Functions."
The audit report shall' state that the audit was performed in accordance with the provisions of OMB Circular A- 133 (or A-
l 10 as applicable).
The reporting iequirements for audit reports shall be in accordance with the American Institute of Certified Public
Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal govermuent
has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report,
including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior
findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit
report.
The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by
the grantor shall have such access to grantee's records and financial statements as may be necessm-y for the grantor to
comply with the Single Audit Act Amendments of 1996 mad OMB Circular A-133.
Grantees of federal financial assistance from subrecipients are also required to comPly with the Single Audit Act and OMB
Circular A-133.
6. The Statement of Expenditures fonn can be used for the schedule of federal assistance.
2004 Law Enforcement Terrorism Prevention Program (08/04) Page B-1
Grant Contract #2000-9757
The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years.
Required audit reports must be fried with the State Auditor's Office, Single Audit Division, and with federal and
state agencies l~roviding federal assistance, within six months of the grantee's fiscal year end.
OMB Circular A-133 requires recipients of more than $300,000 in federal funds to submit one copy of the audit report
within 30 .days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Admirfistrative Services
444 Cedar Street
Suite 126, Town Square "
'St. Paul, MN 55101-5126
2004 Law Enforcement Terrorism Prevention Program (08/04) Page B-2
Grant Contract #2000-9757
ATTACHMENT C
FEDERALASSURANCES
The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Admhzistrative
Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common role, that govern the application,
acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that:
1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or
passed as an official act of the applicant's governing body, author/zing the filing of the application, including ail
understandings and assurances contained therein, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide such additional information may be
required.
2. It will comply with requirements of the provisions of the Uniform Relocation Assistance-and Real Property AcqUisitions
Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and
federally-assisted programs.
3. It will comply with provisions of Federal law which limit 'certain political activities of employees of a State or local unit
of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants
(5 USC 1501, et seq.).
4. It wilt comPly with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act.
5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance
of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family,
business, or other ties.
It will give'the sponsoring agency or the Comptroller General, through any author/zed representative, access to and the
right to examine all records, books, papers, or documents related to the grant.
It will comply with ali requirements imposed by the Federal sponsoring agency concerning special requirements of law,
program requirements, and other administrative requirements.
8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplislnnent of
the project are not listed on the Enviromnental Protection Agency's (EPA) list of Violating Facilities and that it Will
notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal
Activities indicating that a fhcility to be used in the project is under consideration fbr listing by the EPA.
9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87' Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2,
1975, the pm'chase of flood insurance in communities where such insurance is available as a condition for the receipt of
any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by
the Secretary of the Department of Housing and Urban Development as an-area having special flood hazm'ds. The
phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of
1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of
1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of
Investigations, as necessary, to identify prope/ties listed in or ehgible for inclusion in the National Register of Historic
Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor
2004 Law Enforcement Terrorism Prevention Program (08/04) Page C-1
11.
12.
13.
14.
15.
16.
Grant Contract #2000-9757
agency of the existence of any such properties and by Co) complying with all requirements established by the Federal
grantor agency to avoid or mitigate adverse effects upon such properties.
It will comply, and' assure the compliance of all its sub-grantees and contractors, with the applicable provisions of Title
I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency
Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of
Justice Programs Financial and Administrative Guide for Grants, M7100.1;'and all other applicable Federal laws,
orders, circulars, or regulations.
It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,
Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of
Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and Activities; Part 42; Nondiscrimination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Emtiromnental
Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations
applicable to Federal Assistance Programs.
It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title
VI of the Civil Rights Act of 1964, as mnended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle
A, Title II of the'Americans With Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the
Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts ·
C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
In the event a Federal or State court or Federal or State administrative agency makes a fmding of discrimination after a
due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of
funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs.
It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for
$500,000 or more.
It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier
Resources System.
2004 Law Enforcement Terrorism Prevention Program (08/04
Page C-2
Grant Contract #2000-9757
ATTACHMENTD
CERTIlrlCATION REGARDING LOBBYING
For State of Minnesota Contracts and Grants over $100,000
The undersigned certifies, to 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 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 the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, 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 Federal contract, grant, loan, or cooperative
agreement, the undersigned shah complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in
accordance with its instructions.
(3) The undersigned shah require that the language ofthis certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and
that ail 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 31
U.S.C. 1352. Any person who fails to file the required certification shah be subject to a civil penalty of not less than
$10,000 mad not more than $100,000 for each such failure.
Organization Name
Name and Title of Official Signing for Organization
By:
Signature of Official
Date
2004 Law Enforcement Terrorism Prevention Program (08/04) Page D~I