HomeMy WebLinkAbout*AGMT - Anaheim, City of - Police Department (UASI 2006) 1 7
r
l
1 AGREEMENT FOR TRANSFER OR PURCHASE
2 OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS
3 FOR FY06 URBAN AREAS SECURITY INITIATIVE (UASI)
4
5 THIS AGREEMENT is entered into this 12th day of October 2006, dated for purposes of
6 identification only, is made and entered into by and between the
7 CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,
8
A
9 N
D
10 City of Seal Beach
hereinafter referred to as "SUBGRANTEE ".
11
12 WHEREAS, ANAHEIM, acting through the • Anaheim Police Department in its capacity
13 as the Core City for the North Orange County Urban Area under. the FY06 Urban Areas Security
14 Initiative, has applied for, received and accepted certain grants entitled "FY06 Urban Areas Security
15 Initiative" (UASI) from the United States Department of Homeland Security, Office of Domestic
16 Preparedness, through the State of California, Office of Homeland Security, to enhance countywide
17 emergency preparedness, hereinafter referred to as "the Grant," as set' forth in the Grant Guidelines, a
18 copy of which are attached hereto as Attachment A and incorporated herein by reference; and
19 WHEREAS, the terms of the Grant require that ANAHEIM use certain grant funds to i)
20 purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for
21 grant purposes, and/or ii) train members of SUBGRANTEE in a manner consistent with the Grant.
22 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
23 I. PURCHASE OF EQUIPMENT OR SERVICES
24 1. As more specifically set forth herein, ANAHEIM may transfer to SUBGRANTEE, or
25 SUBGRANTEE shall purchase, the equipment or services as specified in Attachment B attached hereto
26 and incorporated herein by reference, in accordance with the Grant Guidelines and the Grant
27 Assurances, a copy of which are attached hereto as Attachment "C" and incorporated herein by
28 reference. When purchasing Grant equipment, SUBGRANTEE shall comply with all of
SUBGRANTEE's purchasing and bidding procedures and applicable state law.
1 2. Prior to making any purchase of equipment or services, SUBGRANTEE shall obtain
2 written approval from ANAHEIM in a form to be mutually agreed upon by ANAHEIM and
3 SUBGRANTEE.
4 3. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with Grant
5 funds only for those purposes permitted under the terms of the Grant, and shall make any equipment
6 purchased or transferred to SUBGRANTEE under the Grant available for mutual aid response to other
7 governmental entities in emergency situations to the maximum extent practicable.
8 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment in its
9 possession or control acquired with Grant funds from damage or destruction and shall provide regular
10 maintenance and such repairs for said equipment as are necessary, consistent with any warranty or
11 owner's manual, in order to keep said equipment continually in good working order. Such maintenance
12 and servicing shall be the sole responsibility of SUBGRANTEE, which shall assume full responsibility
13 for maintenance and repair of the equipment throughout the life of said equipment.
14 5. If equipment acquired with Grant funds becomes obsolete or unusable, SUBGRANTEE
15 shall notify ANAHEIM of such condition. SUBGRANTEE shall transfer or dispose of Grant - funded
16 equipment only in accordance with the instructions of ANAHEIM or the agency from which ANAHEIM
17 received the grant funds.
18 II. REIMBURSEMENT OF TRAINING COSTS
19 1. SUBGRANTEE has been allocated the sum of $10,255.25 to be used for
20 training purposes pursuant to the provisions of Attachment A and this Agreement for which
21 SUBGRANTEE may seek reimbursement from ANAHEIM in accordance with the terms and conditions
22 of this Agreement. Any training expenditure that exceeds the amount allocated to SUBGRANTEE
23 shall be the sole responsibility of SUBGRANTEE.
24 2. If additional Grant funds become available for training purposes or if training funds are
25 reduced, ANAHEIM shall notify SUBGRANTEE, in writing, of the revised training budget.
26 SUBGRANTEE shall be responsible for limiting training for which it seeks reimbursement so as not to
27 exceed its revised allotment.
28 3. Prior to incurring any expense for training for which reimbursement will be sought
pursuant to this Agreement, SUBGRANTEE shall obtain written approval from ANAHEIM.
2
1 SUBGRANTEE shall complete the State of California, "Request for Training Form," and submit a copy
2 of the same, with the tracking and feedback number, to ANAHEIM. The, "Request for Training Form"
3 is found at http:// www. calguard. ca .gov /cajs- hs /nonslgcpForm.htm.
4 4. SUBGRANTEE acknowledges that only Office of Domestic Preparedness ( "ODP ")
5 approved classes qualify for reimbursement.
6 5. SUBGRANTEE agrees to comply with Attachments A and C in seeking reimbursement
7 for training, including, but not limited to the overtime and backfill requirements as outlined in
8 Attachment A.
9 III. GENERAL PROVISIONS
10 1. SUBGRANTEE shall submit an invoice for equipment or services, or in the case of
11 training, a training reimbursement application in the form attached hereto as Attachment D and
12 incorporated herein by reference, to ANAHEIM as soon as practical, but in no event later than thirty
13 (30) days after receipt of the invoice or completion of the training.
14 2. ANAHEIM shall have sixty (60) days from receipt of an invoice or training
15 reimbursement application to reimburse SUBGRANTEE, provided, however, that such time may be
16 extended until such time as the Office of Homeland Security ( "OHS ") issues payment to the ANAHEIM
17 for such expenditure by SUBGRANTEE. ANAHEIM shall not be obligated to reimburse
18 SUBGRANTEE for the purchase of any equipment or services or for any training unless and until it
19 receives funds for such reimbursement from OHS.
20 3. SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of
21 the Grant and Attachments A through C to this Agreement, and shall be fully responsible for payment of
22 items purchased or for any training costs that do not adhere thereto.
23 4. In the event of an audit of purchases made or training undertaken with Grant funds by
24 any authorized agency, SUBGRANTEE agrees to cooperate fully with such audit. If such audit
25 disallows payment to ANAHEIM in whole or part for any item procured for or by SUBGRANTEE or
26 for any training costs incurred by SUBGRANTEE and requires ANAHEIM to reimburse the Grantor,
27 SUBGRANTEE shall, within thirty (30) days of notification by ANAHEIM of such audit determination,
28 pay to ANAHEIM any amount for which reimbursement to ANAHEIM was disallowed.
3
1 5. SUBGRANTEE agrees to indemnify, defend and save harmless ANAHEIM and the
2 agency from which ANAHEIM received grant funds, and their officers, agents and employees from any
3 and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and
4 any other person, firm or corporation furnishing or supplying work services, materials or supplies in
5 connection with SUBGRANTEE's performance of this Agreement, including the terms of the Grant,
6 and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may
7 be injured or damaged by SUBGRANTEE in the performance of this Agreement.
8 6. No alteration or variation of the terms of this Agreement shall be valid unless made in
9 writing and signed by duly authorized representatives of both parties hereto, and no oral understanding
10 or agreement not incorporated herein shall be binding on any of the parties hereto.
11 7. SUBGRANTEE may not assign this Agreement in whole or in part without the express
12 written consent of ANAHEIM.
13 8. For a period of three years after final delivery hereunder or until all claims related to this
14 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
15 documents, papers and records relevant to the equipment acquired or training undertaken in accordance
16 with this Agreement. With respect to training, such documents, papers and records shall include those
17 relevant to the training costs, overtime, backfill, travel costs and per diem expenses. For the same
18 period of time, SUBGRANTEE shall make said documents, papers and records available to ANAHEIM
19 and the agency from which ANAHEIM received Grant funds or their duly authorized representative(s),
20 for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
21 request during usual working hours.
22 9. SUBGRANTEE shall provide to ANAHEIM all records and information requested by
23 ANAHEIM for inclusion in quarterly reports and such other reports or records as ANAHEIM may be
24 required to provide to the agency from which ANAHEIM received Grant funds or other persons or
25 agencies.
26 10. ANAHEIM may terminate this Agreement and be relieved of the delivery of any
27 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
28 in this Agreement, at the time and in the matter herein provided, or b) ANAHEIM loses funding under
the Grant.
4
' J
1 11. SUBGRANTEE and its agents and employees and independent contractors shall act in an
2 independent capacity in the performance of this Agreement, and shall not be considered officers, agents
3 or employees of ANAHEIM or of the agency from which ANAHEIM received Grant funds.
4 12. In the performance of this Agreement, SUBGRANTEE and its officers, agents,
5 employees shall comply with by all applicable federal, state and local laws, including all applicable
6 statutes, regulations, executive orders and ordinances.
7 IN WITNESS WHEREOF, the parties have executed this Agreement in the City of
8 Anaheim, County of Orange, State of California.
9 DATE OF EXECUTION: CITY OF ANAHEIM,
a mull' "oration,
10
Chief of Police
12
"ANAHEIM"
13
14 DATE OF EXECUTION: C ■■■41111■
15
By
16 C,X,&641P2-0.�
APPROVED AS TO FORM: Printed Name
17
18 Title Cet /tom ai r cm.... , .9<<f
19 APPROVED AS TO FORM: "SUBGRANTEE"
20
21 4
Cristina L. Talley
22
Sr. Assistant City Attorney
23
Date:
24 /4 f1 /,,
/����
25
26
27
28
5
' r
•
Office of Homeland Security
Grant Assurances
(All , \p
Name of Applicant.� Anaheim /S4nt a Ana
Addrsss' 8201 E. Santa Ana Canyon Roar: _
City Anaheim _ St:tic' CA 'Lip Cod : 92808
Telephone Number: (71 4 ) 765 -3879
Pax Number (21 765 -3890
1i-Mail Address: coconuer?anaheim.net
M the duly autltotized representative of the applicant, i tartly that the applicant tamed above.
1. Has the legal authority to apply for federal assistance, and has the institutional, rnanagenal and
futancral capability to ensure proper planning, management and completion of the grant provided
by the federal Department of Homeland Seem t:y and sub - panted through the State of California.
2 Will assure that grant funds arc only used for allowable. fair, and reasonable costs.
3 Will give the federal govcrmnent, the Uenetal 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 propel accounting system in accordance with generally accepted accounting
standards or awarding agency directives.
4 Will provide progress reports and such other infbrmation as may be requited by the awarding
agency
5 Will initiate and complete the work within the applicable time frame abet receipt of approval of
the awarding agency
6 Will establish safeguards to prohibit employers from using then positions for a pu!pose 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 of other
tics.
i'406 flentcl.utd Security Chant Program Page 43��
7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 [1.S.C. §§
4801 et seq.) which prohibits the, use of lead based paint in construction or rehabilitation of
-- residence structures. Will cotnply with all federal statues relating to 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 prohibit,:
discrimination on the basis of race, color or national origin;
h. Title IX of the Education Amendments of 1972, as amended (201;.S.C. §§ 1681 -1683 and
1685 - 1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) 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;
g. §§ 523 and 527 of the Public Health Service Aet of 1912 (42 U.S.C. 290 dd -3 and 290 ce-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
h. 'I itle Vlll of the Civil Rights Act of 1968 (42 U.S C. § 3601 et seq.), as amended, relating
to nondisciintinatrun in the sale, rental or financing of housing;
i. Title 28, Code of Fcdetal 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. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
8. Will eomply, or has already complied, with the requirement% of Titles 11 and 111 of the thtifortn
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.
(P.1,. 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.
9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1 973 (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 510,000 or more.
10. Will comply with environmental standatds which may be prescribed pursuant to the following:
a, institution of environmental quality control measures under the National Environmental
Policy Aet of 1969 (P.L. 91 -190) and Executive Order (EO) 1 1514;
b. notification of violating facilities pursuant to EO 11738;
c. protection of wetlands pursuant to EO 11990:
d. evaluation of flood hazards in tloodplains in accordance with EO 1 1988;
c. 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.);
f. conformity of federal actions to State (Clean Air) Implementation Plans under Section
FY0t> Homeland Security Grant Program Page 44
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);
protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended, (Pi.. 93 -523); and
protection of endangered species under the F,ndungered Species Act of 1973, as amended,
(P.L. 93 -205).
California Envitunmental Quality Act (CEQA). California Public Resources Code
Sections 21080- 21098. California Codc of Regulations, Title 14, Chapter 3 Section
15000- 15007.
mply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.scq.) related to
mg components of potential components of the national wild and scenic rivers :system.
sist the awarding agency in assuring compliance with Section 106 of the National Ilistoric
'akin Act of 1966, an amended (16 U.S.C. 470), EEO 11593 (identification and preservation
isle properties), and the Archaeological and historic Preservation Act of 1974 (16 U.S.C.
et beg).
.mply with Standardized Emergency Management System (SEMS) requirements as stated
alifomia Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
8607.1(e) and CCR Title 19, Sections 2445, 2446 2447 and 2448.
guested through the State of California federal financial assistance to he used to pertbrn
work approved in the applicant's application for federal assistance. Will, after the receipt
ral financial assistance, through the State of California, agree to the following:
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.
In the event the approved amount of the grant is reduced, the teinibursenrent applicable to
the amount oldie reduction will be promptly refunded to the State of California.
Separately account for interest earned on giant funds, and will return all interest =mid. in
excess of 5100 per federal fiscal year.
nnply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763)
g to prescnbed standards for merit systems for piograins funded under one of the nineteen
s or regulations specified in Appendix .\ of OPM`s Standards for a Merit System of
nel Administration (5 C.F.R. 900, Subpart 1•).
amply with provisions of the !latch Act (51 i.S.C. Sections 1501 -1508 and 7324 - 7328)
limit the political activities of employees whose ptineipal employment activities ate funded
ile or in pat( with federal funds.
(imply with P.L. 93.3348 regarding the protection of human subjects involved in research,
Ipment, and slated activities supported by this awaid of assistance.
Limply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. I.. k9 -544, as
led, 7 U S.C. 2131 et seq.) pertaining to the care, handling, and treatment of ttartn blooded
Is heed for xesearcli, teaching, or other activities supported by this award of assistance.
Ind Security Grant Program Page •15
19. 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.
20. 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 flours and Safety Standards Act (40 U.S.C. Sections 327 -333), tcgarding labor
standards for federally assisted construction sub - agreements.
21. Will not make any award or permit any award (subgrant or contract) to any parry which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs undo[ Executive Other 12549 and 12689, "Debarment and Suspension."
22 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 Fotm 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.
23. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available under 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.
b. is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
c. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Mastet Mutual Aid Agreement and deployed with personnel trained in the use of
such equipment in a manner consistent with the California Law 13nforcerncnt Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan.
FY06 Homeland Security Grant Program Page 46
24 Agrees that funds awarded under this cant will be used to supplement existing funds for program
activities. and will not supplant (replace) nou- federal funds.
25. 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 Uniform Administrative Requirements for Grants and Cooperative Agreements contained in
Title 28, Code of Federal Regulations, Part 66 or 70, that govern the application, acceptance and
use of Federal funds for this federally- assisted project.
26. Will comply, and assure the compliance of all its suhgrantee: and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safi 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 ot'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.
27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
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;
r. 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;
g. 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, Floodplatn 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.
r_i. Part 67, Government -Wide Debarment and Suspension (Non - Procurement)
n. Part 69, New Restrictions on Lobbying
o. Part 70, Uuifofm 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 Requiiemcnts for a Drug Free Workplace (}rants)
28. Will ensure that the facilities under its ownership, lease of 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 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 facility
to be used in the project is under consideiation for listing by the EPA.
FY06 homeland Security Grant Program Page 47
29. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990.
30. Will, in the evens 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 ongin, sex, 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.
31 Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice
Office of Civil Rights within 60 days of grant award.
32 Will comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide.
33. Will comply, if applicable, with the provision 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 fiends within the units of the Coastal Barner Resources System.
34. 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.
35 Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grain funds.
36. 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:
(a) Arc not presently debarred, suspended, proposed for debarment, declared ineiilible,
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;
(b) Have not within a three -year period preceding this application been convicted of oal had
a civil judgment rendered against them for commission of hand or a cnminal 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, snaking false statements, or receiving stolen property;
(c) 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 thies -year
period preceding this application had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
13. 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.
FY06 Homeland Security Grant Program Page 48
38. As required by the Drug -Free ViTorkplacc Act of 1988, and implemented at 28 CFR Part 67, Subpart
F, for grantees, as defined at 2S CFR Part 67 Sections 67.615 and 67.620
A. The applicant 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 he taken against employees for violation of such
pr ohibition;
(b) Establishing an on -going drug -free awareness program to inform employees about
(1) The, dangers of drug abuse in the workplace;
(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 he 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
(1) Abide by the terms of the statement: and
(2) Notify the employer in writing of his or her conviction for a violation of a 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 employer,. or otherwise receiving actual notice of such conviction.
Employers of convicted ernployces must provide notice, including position title, to.
Department of Justice, Office of Justice Programs,
ATTN Conttol 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
(I) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended. or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance of
rehabilitation program approved for such purposes by a Federal, State, or local health, law
.;nforcement, or other appropriate agency;
FY06 Homeland Security Grant Program Page 49
(g) Making a good fatth effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
As the duly authorized representative of the applicant, T belch)/ certify that the applicant will comply with
the above certifications.
The undersigned represents that he /she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent: 0', L- `�"�—" ► _ _
•
Printed Name of Authorized Agent Chuck 0' Connor
Title. Homelanc Security Director Date: June 27, 2006 _ V____
3
FYO6 Homeland Security Grant T'rogram Page 50