HomeMy WebLinkAboutContracts & Agreements_98-2010_CCv0001.pdf AGREEMENT BETWEEN THE CITY OF REDLANDS AND THE CITY OF
RIVERSIDE/RIVERSIDE UASI FOR"PASS-THROUGH"PAYMENT FOR PROJECT
MANAGEMENT SERVICES
This agreement for"pass-through" payments for project management services ("Agreement") for the
Riverside Urban Area/City of Riverside ("RUASI") COPLINK data sharing project(the "RUASI
COPLINK Project") is made and entered into as of. _`UL U, 2 0 t 0 -("Effective
Date")by and between the City of Redlands ("City")acting as the fiscal agent on the behave of the San
Bernardino County Chiefs' and Sheriffs' Association's and the City of Riverside, acting as the fiscal
agent on the behave of the Riverside Urban Area(RUASI).
I Terms and Conditions of Services.This agreement provides that the City's Consultant, Cletus F.
Hyman, will perform the services for the RUASI COPLINK Project in accordance with the Terms
and Conditions outlined in the Agreement between the City of Redlands and the Consultant for the
San Bernardino County Chiefs' and Sheriffs' Association's COPLINK data sharing project(the
"COPLINK Project") dated the 7th day of April. 2009("Exhibit"B") and the activities described in
Exhibit"A," which is attached hereto and incorporated herein by this reference(the "Services").
2 Termination.The term of this Agreement shall commence upon its Effective Date and shall expire
upon completion of performance of the Services by Consultant or upon written notice from the
RUASI to the City that payments to Consultant shall cease. Notwithstanding the foregoing, either
Party may terminate this Agreement by giving written notice not less than ten (10)days prior to the
proposed date of termination, which date shall be included in said notice.
3 Compensation; Expenses.Payment. Compensation shall be paid to the Consultant for the Services
performed by Consultant in the amount of Seventy-five dollars ($75.00) per hour. The total
compensation payable hereunder shall not exceed the sum of Thirty-Five Thousand Dollars
($35,000). Compensation shall be payable upon receipt of a monthly billing by Consultant to the
City, which billing shall include an itemized statement, briefly describing the tasks billed. Consultant
acknowledges and agrees that City shall have no obligation to pay any funds to Consultant, nor shall
City be liable therefore,except to the extent the City has received funds from the RUASI COPLINK
Project. Upon receipt of the Consultant's billing, the City shall forward a billing to the City/RUASI
Fiscal agent for payment.
4 Independent Contractor. It is the express intention that the Consultant is an independent contractor for
the RUASI COPLINK Project and not an employee or agent of City or City/RUASI. Nothing in this
Agreement shall be interpreted or construed as creating or establishing a relationship of employer and
employee and that Contractor is not an employee for State tax,Federal tax or any other purpose
5 Insurance. Consultant shall acquire and maintain Workers' Compensation, employer's liability,
commercial general liability, owned and non-owned and hired automobile liability, and professional
liability insurance coverage relating to Consultant's Services covering City's/RUASI's risks, in forms
subject to the approval of the City Attorney and/or City's Risk Manager, The minimum amounts of
coverage corresponding to the aforesaid categories of insurance per insurable event shall be as
follows:
Insurance Category Minimum Limits
Workers' Compensation statutory minimum as may be required
Employer's Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and$2,000,000 aggregate for bodily
injury, personal injury and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property
damage(coverage required to applicable to Consultant's vehicle
usage performing services hereunder
Professional Liability $1,000,000 per claim and aggregate
Consultant shall furnish City/RUASI with certificates,endorsements and copies of information or
declaration pages of the insurance required hereunder prior to Consultant's performance of any
Services.
6 Assurances.The City's Consultant will provide to the City/RUASI signed UASI assurances
(Attached) prior to the commencement of work.
7 Notice. All notices required by this Agreement shall be given to City and Consultant in writing, by
UPS or FedEx, postage prepaid, addressed as follows:
CITY OF REDLANDS
JAMES R. BUEERMANN, 30 CAJON STREET REDLANDS, 92.373
CITY/RUASI:
ANTHONY COLETTA, RIVERSIDE CITY FIRE DEPARTMENT/RIVERSIDE UASI
3085 SAINT LAWRENCE ST,RIVERSIDE, CA. 92504
8 Non-Assignment. This Agreement is not assignable either in whole or in part.
9 Amendments.This Agreement may be amended or modified only by written agreement signed by the
Parties.
10 Validitv. The invalidity of any part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
I I Governing Law.This Agreement shall be governed by the laws of the State of California and any suit
or action initiated by either Party shall be brought in the County of Riverside, California.
12 Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys'fees, including fees for the use of in-house counsel
by a Party.
13 Entire,Agreement.This Agreement, including its Exhibits,comprises the entire agreement of the
Parties with respect to the subject matter hereof.
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IN WITNESS WHEREOF, this agreement is entered into by the City of Riverside and the City of
Redlands, by and through their authorized representatives.
CITY CSC CITY OF REDLANDS
By: By: �
Tho s DeSnus Pat Gilbreath
sistant ty Manager Mayor
Attest: Attest:
f
By: ..- By:
ColleOn J.Nicol Sara Irwin
City 61 City Clerk
Approved as to form:
By: g
James E. Brown
Supervising Deputy City Attorney
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EXHIBIT"A7
Consultant represents it will provide project management services as described below (collectively the
"Services") for the Riverside Urban Area(RUASI) COPLINK Data Sharing Project (the"Project"or the
"Initiative"). For the purposes of this Agreement, "Services" shall include,but not be limited to, the
following:
I Recommend governance models for the Project to the Association and assist with implementing
the model chosen by the Association.
2. Negotiate a contract with Knowledge Computing Corporation for the COPLINK software and
professional services.
3, Develop agreements and policies as necessary for the implementation of COPLINK to include:
A. Initial Data Sharing Initiative MOU
B. System use policy
C. Node hosting agreement
D. Node business model
4. Recommend to the Association a network model that will allow for the sharing of data between
member agencies and the COPLINK Node and oversee the implementation of said network.
A. Agency Access
B. Mobil Access
C. Internet Access via VPN
5. Develop a Data Center Strategy to include disaster recovery and back-up strategy, redundancy
and reliability and processor loading.
6. Coordinate with the RMS vendors, member agencies and Knowledge Computer Corporation to
facilitate data extraction and transfer.
7. Coordinate with member agencies and Knowledge Computer Corporation to develop an update
strategy.
8. Develop data sharing agreements for member agencies and for sharing data with other COPLINK
"Nodes,"
9. Design and, after approval by Association, implement short and long term goals with Association
member organizations participating in the Project to sustain the COPLINK Data Sharing
Initiative.
10. Create a proposed budget for year one and year two of the Project.
IL Assist in obtaining funds through grants and/or other resources to sustain the Data Sharing
Initiative.
11 Provide regular oral or written project updates to the Association or Association's designated
representative during the term of this Agreement.
I
Office of Homeland Security
FY08 Grant Assurances
(All HSGP Applicants)
Name of Applicant: City of Redlands '- Redlands Police Departmpnt
Address: 30 Cajon St - P.O. Box 1025
City: Redlands State: California Zip Code: 92373
Telephone Number: (909) 335-4744 Fax Number: .(909) 798-7675
E-Mail Address: chief@Redlandspolice.org
As the duly authorized representative of the applicant, I certify that the applicant named
above:
I Has the legal authority to apply for federal assistance, and has the institutional,
managerial and financial capability to ensure proper planning, management and
completion of the grant provided by the federal Department of Homeland Security and
sub-granted through the State of California, Governor's Office of Homeland Security
(OHS).
2 Will assure that grant funds are only used for allowable, fair, and reasonable costs and is
prohibited from transferring funds between programs (State Homeland Security Program,
Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical
Response System).
3 Will give the federal government, the General Accounting Office, the Comptroller
General of the United States, the State of California, through any authorized
representative, access to and the right to examine all paper or electronic records, books,
papers, or documents related to the award; and will establish a proper accounting system
in accordance with generally accepted accounting standards or awarding agency
directives.
4 Agrees that funds utilized to establish or enhance state and local fusion centers must
support the development of a statewide fusion process that corresponds with the Global
Justice/Homeland Security Advisory Council(HSAC)Fusion Center Guidelines and
achievement of a baseline level of capability as defined by the Fusion Capability
Planning Tool.
5 Will provide progress reports and such other information as may be required by the
awarding agency, including the Initial Strategy Implementation Plan(ISIP) within 45
(forty-five) days of the award, and update via a report in the Grant Reporting Tool (GRT)
twice each year.
6 Will initiate and complete the work within the applicable time frame after receipt of
approval from OHS.
7 Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments,
including part 13.1 regarding the payment of interest earned on advances.
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8 Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain for themselves or others, particularly those with whom they
have family, business or other ties.
9 Agrees that to the extent contractors or subcontractors are utilized, grantees and
subgrantees shall use small, minority, women-owned, or disadvantaged business concerns
and contractors or subcontractors to the extent practicable.
10 Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a
significant impact on award-supported activities, including changes to key program staff.
1.1 Will comply, if applicable, 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.
12 Understands and agrees Federal funds will not be used, directly or indirectly, to support
the enactment, repeal, modification or adoption of any law, regulation, or policy, at any
level of government, without the express prior written approval from FEMA,
13 Will comply with all federal statues relating to Civil Rights and Nondiscrimination.
These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, 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 gender.
C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794)
which prohibits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107)
which prohibits discrimination on the basis of age.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended,
relating to nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
9. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records.
h. Title VIII of the Civil Rights Act of 1.968 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing.
i. Title 28, Code of Federal Regulations, Part 42, Subparts C. D, E and G.
j. Title 28, CFR, Part 35.
k. Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made, and
1. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination.
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in. The requirements on any other nondiscrimination statute(s) which may apply to
the application.
n. Will, in the event a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the
grounds or race, color, religion, national origin, gender, or disability against a
recipient of funds, the recipient will forward a copy of the finding to the Office of
Civil Rights, Office of Justice Programs.
0. Will provide an Equal Employment Opportunity Plan, if applicable, to the
Department of Justice Office of Civil Rights within 60 days of grant award.
P. Will comply, and assure the compliance of all its subgrantees and contractors,
with the nondiscrimination requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provision of the current edition of the Office of Justice Programs Financial and
Administrative Guide for Grants, M7 100,1,
14 Will comply, or has already complied, with the requirements of Titles 11 and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and equitable treatment of
persons displaced or whose property is acquired as a result of federal or federally assisted
programs. These requirements apply to all interested in real property acquired for project
purposes regardless of federal participation in purchases. Will also comply with Title 44
Code of Federal Regulations, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and federally-assisted programs.
15 Will comply, if applicable, with the 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 special 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 (ten
thousand dollars) or more.
16 Will comply with all applicable Federal, State, and local environmental and historical
preservation (EHP)requirements, Failure to meet Federal, State, and local EHP
requirements and obtain applicable permits may jeopardize Federal funding. Will
comply with all conditions placed on any project as the result of the EHP review; any
change to the scope of work of a project will require re-evaluation of compliance with
these EHP requirements.
17 Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of FEMA/OHS, including but not limited to
communications towers, physical security enhancements, new construction and
modifications to buildings that are 50 (fifty) years old or more. Any construction related
activities initiated prior to full environmental and historic preservation (EHP) review will
result in a non-compliance finding. If ground disturbing activities occur during the
project implementation, the recipient must ensure monitoring of the ground disturbance
and if any potential archeological resources are discovered, the recipient will immediately
cease activity in that area and notify OHS/FEMA and the appropriate State Historic
Preservation Office.
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18 Will ensure that the facilities Linder its ownership, lease or supervision which shall be
utilized in the accomplishment of this project are not listed in the Environmental
Protection Agency's (EPA) list of Violating Facilities, and will notify 014S and the
Federal Grantor agency of the receipt of any communication from the Director of the
EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
19 Will provide any information requested by FEMA/OHS to insure compliance with
applicable laws including the following:
a. Institution of environmental quality control measures under the National
Environmental Policy Act, National Historical Preservation Act, Archaeological
and Historic Preservation Act, Endangered Species Act, and Executive Orders
on Floodplains (EO 11988), Wetlands (11990) and Environmental Justice
(12898) and Environmental Quality (EO 11514).
b. Title 44 CFR Parts 9 and 10, referencing floodplain management and
environmental considerations.
c. Notification of violating facilities pursuant to EO 11738.
d. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et seq.).
e. Conformity of 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.).
f. Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P.L. 93-523).
g. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3
Section 15000-15007.
h. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to
protecting components or potential components of the national wild and scenic
rivers system.
i. Applicable provisions of the Coastal Barrier Resources Act(P.L. 97-348) dated
October 19, 1.982 (16 USC 3501 et seq.) which prohibits the expenditure of most
new Federal funds within the units of the Coastal Barrier Resources System.
j. Will comply with all conditions placed on any project as the result of the EHP
review; any change to the scope of work of a project will require re-evaluation of
compliance with these EHP requirements.
k. Agrees not to undertake any project having the potential to impact the EHP
resources without the prior written approval of FEMA/OHS, including but not
limited to communications towers, physical security enhancements, new
construction and modifications to buildings that are 50 (fifty) years old or more.
20 Will comply with Standardized Emergency Management System (SEMS) requirements
as stated in the California Emergency Services Act, Government Code, Chapter 7 of
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Division I of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and
2448.
21 Agrees that all publications created or published with funding under this grant shall
prominently contain the following statement: "This document was prepared under a
grant froth FEMA's Grant Programs Directorate, U.S. Department of Homeland
Security. points of view or opinions expressed in this document are those of the authors
and do not necessarily represent the official position or policies (tI'FEMA's Grant
Programs Directorate or the U.S. Department of Homeland Security."The recipient also
agrees that, when practicable, any equipment purchased with grant funding shall be
prominently marked as follows: "Purchased with.funds provided by the U.S. Department
of Homeland Security."
22 Has requested through the State of California, federal financial assistance to be used to
perform eligible work approved in the submitted application for federal assistance and
after the receipt of federal financial assistance, through the State of California, agree to
the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. In the event the approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California.
C. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of S 100 per federal fiscal year.
23 Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S. C. Sections
4728-4763) relating to prescribed standards for merit systems for programs funded under
one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards
for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
24 Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-
7328) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with federal funds.
25 Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects
involved in research, development, and related activities supported by this award of
assistance.
26 Will comply, if applicable, 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 blooded animals held for research, teaching, or other activities supported by this
award of assistance.
27 Will comply with the minimum wage and maximum hour provisions of the Federal Fair
Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher
education, hospitals, and other non-profit organizations.
28 Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C.
Section 276a to 276a-7), the Copeland Act(40 U.S.C. Section 276c and 18 U.S.C.
Sections 874), and the Contract Work Hours and Safety Standards Act(40 U.S.C.
Sections 327-333), regarding labor standards for federally assisted construction sub-
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agreements,
29 Agrees that:
a. 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
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement.
b. If any other funds 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 an employee of Congress, or
employee of a Member of Congress in connection with the federal grant or
cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers including subgrants, contracts
under grants and cooperative agreements, and subcontract(s) and that all sub
recipients shall certify and disclose accordingly.
d. 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.
30 Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement in consultation with representatives of
the various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire Services and
Rescue Mutual Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and
will be deployed in conformance with that Strategy.
31 Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non-federal funds.
32 Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, and A-133,
E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit
Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and
70, that govern the application, acceptance and use of Federal funds for federally assisted
projects.
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33 Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
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Including:
a. Part 18, Administrative Review Procedures.
b. Part 20, Criminal Justice Information Systems.
C. Part 22, Confidentiality of Identifiable Research and Statistical Information.
d. Part 23, Criminal Intelligence Systems Operating Policies.
e. Part 30, Intergovernmental Review of Department of Justice Programs and
Activities.
f. Part 35, Nondiscrimination on the Basis of Disability in State and Local
Government Services.
9. Part 38, Equal Treatment of Faith-based Organizations.
h. Part 63, Floodplain Management and Wetland Protection Procedures.
i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and
Procedures.
j. Part 61, Procedures for Implementing the National Environmental Policy Act.
k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal
laws or regulations applicable to Federal Assistance Programs.
1. Part 66, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,
in. Part 67, Government-Wide Debarment and Suspension (Non-Procurement),
n. Part 69, New Restrictions on Lobbying.
0. Part 70, Uniform Administrative Requirements for Grants and Cooperative
Agreements (including sub-awards) with Institutions of Higher Learning,
Hospitals and other Non-Profit Organizations.
p- Part 83, Government-Wide Requirements for a Drug Free Work-place (grants).
34 Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990.
35 Agrees to cooperate with any assessments, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information
required for the assessment or evaluation of any activities within this agreement.
36 Will maintain procedures to minimize the time elapsing between the award of funds and
the disbursement of funds.
37 Will comply with the financial and administrative requirements set forth in the current
edition of the Office of Justice Programs (OJP) Financial Guide and the current US
Department of Homeland Security (DHS) Financial Management Guide.
38 Agrees that all allocations and use of funds under this grant will be in accordance with
the FY 2008 Homeland Security Grant Program Guidance and Application Kit, and the
California Supplement to the FY 2008 Homeland Security Grant Program Guidance and
Application Kit. All allocations and use of funds under this grant will be in accordance
with the Allocations, and use of grant funding must support the goals and objectives
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included in the State and/or Urban Area Homeland Security Strategies as well as the
investments identified in the Investment Justifications which were submitted as part of
the California FY2008 Homeland Security Grant Program application. Further, use of
FY08 funds is limited to those investments included in the California FY08 Investment
Justifications submitted to DHS/FEMA and evaluated through the peer review process.
39 Acknowledges that FEMA reserves a royalty-free, non exclusive, and irrevocable license
to reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes: a) the copyright in any work developed under an award or sub-
award; and b) any rights of copyright to which a recipient or sub-recipient purchases
ownership with Federal support. the recipient agrees to consult with GPD regarding the
allocation of any patent rights that arise from, or are purchased with, this funding.
40 Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in
Federal assistance programs under Executive Order 12549 and 12689, "Debarment and
Suspension."
41 As required by Executive Order 12549, Debarment and Suspension, and implemented at
28 CFR Part 67, for prospective participants in primary covered transactions, as defined
at 28 CFR Part 67, Section 67.510
a. The applicant certifies that it and its principals:
(i) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court,
or voluntarily excluded from covered transactions by any Federal department
or agency.
(ii) Have not within a three-year period preceding this application been convicted
of or had a civil'judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
(iii) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not
within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
b. Where the applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
42 Agrees to comply with the Drug-Free Workplace Act of 1988, and implemented at 28
CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and
67.620 and certifies that it will or will continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
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employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace.
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2. The grantee's policy of maintaining a drug-free workplace.
3. Any available drug counseling, rehabilitation, and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
d. Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will
I Abide by the terms of the statement; and
2 Notify the employer in writing of his or her conviction for a violation of a
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criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including
position title, to:
Department of Justice, Office of Justice Programs,
ATTN: Control Desk,
633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant.
f. Taking one of the following actions. within 30 calendar days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so convicted.
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1,973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
43 Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, program and administrative requirements, policies and any other
requirements governing this program.
44 Understands that failure to comply with any of the above assurances may result in
suspension, termination or reduction of grant funds.
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