Loading...
HomeMy WebLinkAbout2003-003 Grant - Criminal Justice Divsion - Police ProgramGRANTEE COPY OREGON DEPARTMENT OF STATE POLICE CRIMINAL JUSTICE SERVICES DIVISION LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM GRANT AWARD CONDITIONS AND CERTIFICATIONS PROGRAM NAME: AGENCY ADMINISTRATOR: PROGRAM ODNTACT: FISCAL CONTACT: City of Ashland 20 East Main Street Ashland, OR 97520 Brian Almquist Lt. Michael Bianca Ashland Police Department 1155 E. Main Street Ashland, OR 97520 Barbara Christensen GRANT NO: FY 2001 AWARD: AWARD PERIOD: TELEPHONE: TELEPHONE: FAX: TELEPHONE: #01-400 $8,844 10/1/02 ~u 8/31/03 (541) 488-6002 (541) 482-5211 (541) 488-5351 (541) 488-5307 BUDGET INCOME Federal Grant Funds $8,844 Match Funds $983 EXPENSES Equipment $9,827 TOTAL INCOME: $9,827 TOTAL EXPENSES: $9,827 This document along with the terms and conditions and grant application attached hereto, the GrantManagonmtHanJtm~ and any other document referenced, constitutes an agreement between the Criminal Justice Services Division (CJSD) of the Department of State Police and the Grantee. No waiver, consent, modification or change of terms of this agreement shall be binding uxfless agreed to in writing and signed by both the Grantee and CJSD. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read this agreement, understands k, and agrees to be bound by its terms and conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result in the withholding of reimbursement, the termination or suspension of the agreement, denial of future grants, ancL/or damages to CJSD. Page I - City of Ashland TERMS AND CONDITIONS CONDITIONS OF AWARD The Grantee agrees to operate the program as described in the application and to expend funds in accordance with the approved budget unless the Grantee receives prior written approval by CJSD to modify the program or budget. CJSD may withhold funds for any expenditure not within the approved budget or in excess of amounts approved by CJSD. Failure of the Grantee to operate the program in accordance with the written agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension and/or termination of the grant agreement. The Grantee agrees that all public statements referring to the program must state that funds for this progrmn come from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, and must state the percent or dollar amount of federal funds used in the program. Maintenance, Retention and Access to Records: Audits. Maintenance and Retemion of Records. The Grantee agrees to maintain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of the Comptroller set forth in the May 2002 Office of Justice Programs (OJP) Financial Guide, including without limitation in accordance with Office of Management and Budget (OMB)Circulars A- 87, A-102, A-122, A-128, A-133. All financial records, supporting documents, statistical records and all other records pertinent to this grant or agreements under this grant shall be retained bythe Grantee for a minimum of five years for purposes of State of Oregon or Federal examination and audit. It is the responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise itself of all rules and regulations set forth. Access to Records. CJSD, Oregon Secretary of State, the Office of the Comptroller, the General Accounting Office (GAO) or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of Grantee and any contractors or subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. The right of access is not limited to the required retention period but shall last as long as the records are retained. Audits. If Grantee oc/av~ $300,000 or more in Federal funds (from all sources) in its fiscal year, Grantee shall have a single organization-wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all audits must be submitted to CJSD within 30 days of completion. If Grantee expends less than $300,000 in its fiscal year in Federal funds, Grantee is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate offici:ds as provided in Section I.D.1 herein. Audit Costs. Audk costs for audits not required in accordance with OMB Circular A- 133 are unallowable. If Grantee did not expend $300,000 or more in Federal funds in its fiscal year, but contracted with a certified public accountant to perform an audk, costs for performance of that audit shall not be charged to the grant. D. Funding. Matching Funds. The Grantee acknowledges by accepting grant funds that all reported program match is in the form of a cash match and not in-kind or other federal funds. The Grantee acknowledges that all rules that apply to grant funds apply to match funds. Grot and match funds must be used only for Local Law Enforcement Block Grant funded programs during the grant period to support the goals, objectives and activkies as identified in the grant application. Match funds cannot be used to support activities that are not concurrently supported by Local Law Enforcement Block Grant funds. The Grantee certifies that match funds required to pay the non-Federal portion of the program shall be in addition to funds that would otherwise be made available to fund programs within the Local Law Enforcement Block Grant guidelines. Page 2 - City of Ashland Supplanting. The Grantee certifies that federal funds will not be used to supplant state or local funds, but will be used to increase the amount of funds that, in the absence of federal aid, would be made available to the Grantee to fund programs within the Local Law Enforcement Block Grant guidelines. Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to resolve financial, program, or audit issues may result in the suspension of grant payments and/or termination of the grant agreement. Progress Repons. The Grantee agrees to submit a report each quarter on its progress in meeting each of its agreed upon goals and objectives and comprehensive evaluation plan. Reports must be received no later than January 31, 2003; April 30, 2003; July 31, 2003; and September 30, 2003. Any progress report that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend a progress report requirement past its due date. 2. Financial Reimbursement Repons. In order to receive reimbursement, the Grantee agrees to submit the original signed Request for Reimbursement (RFP0 which includes supporting documentation for all grant and match expenditures. RFRs must be received no later than January 31, 2003; April 30, 2003; July 31, 2003; and September 30, 2003. Reimbursements for expenses will be withheld if progress reports are not submitted bythe specified dates or are incomplete. Any RFR that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend an RFR requirement past ks due date. Reimbursement rates for travel expenses shall not exceed those allowed bythe State of Oregon. Requests for reimbursement for travel must be supported with a detailed statement identifying ~:he person who traveled, the purpose of the travel, the times, dates, and places of travel, and the ac~.ana] expenses or authorized rates incurred. c. When requesting reimbursement for equipment costing over $5,000, the Grantee agrees to provide a description of the equipment, purchase price, date of purchase, and identifying numbers if any. Reimbursements will only be made for actual expenses incurred during the grant period. The Grantee agrees that no grant funds may be used for expenses incurred before October 1, 2002 or after August 31, 2003. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any o'cher breach of grant that results in a debt owed to the Federal Government. CJSD shall apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Feder:~l Claims Collection Standards and OMB Circular A- 129. Audit Reports. Grantee shall provide CJSD copies of all audit repons pertaining to this Grant Agreement obtained by Grantee, whether or not the audit is required by OMB Circular A- 133. Indemnification. The Grantee shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, defend, save, hold harmless, and indemnify the State of Oregon and CJSD, their officers, employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or arising out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant. Grantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify the State of Oregon, Criminal Justice Services Division, and the Oregon State Police, their officers, employees, agents, and members, from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant. Grantee shall, if liability insurance is required of anyof its contractors or subcontractors, also require such contractors or subcontractors to provide that the State of Oregon, Criminal Justice Services Division, and Oregon State Police and their officers, employees and members are Additional Insureds, but only with respect to the contractor's or subcontractor's services performed under this grant. Page 3 - City of Asaland Cop.wight and Patents. Cop.wight. If this agreement or anyprogram funded by this agreement results in a copyright, the CJSD and the Office of Justice Programs reserve a royalty free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work or the copyright to anywork developed under this agreement and any rights of copyright to which Grantee, or its contractor or subcontractor, purchases ownership with grant support. Patent. If this agreement or any program funded by this agreement results in the production of patentable items, patent rights, processes, or inventions, the Grantee or any of its contractors or subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. No Implied Waiver, Cumulative Remedies. The failure of Grantor to exercise, and any delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. Governing Law;, Venue; Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit, or proceeding (collectively, "Claim") between Grantor (and/or any other agency or department of the State of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Grantee, By Execution Of This Agreement, Hereby Consents To The In Personam Jurisdiction Of Said Courts. Notices. Except as otherwise expressly provided in this Section, any communications between the parties hereto or notice to be given hereunder shall be given in writing bypersonal delivery, facsimile, or mailing the same by registered or certified mail, Postage prepaid to Grantee or Grantor at the address or number set forth on page 1 of this Agreement, or to such other addresses or numbers as either partymay hereafter indicate pursuant to this section. Any communication or notice so addressed and sent by registered or certified marl shall be deemed delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated bythe transmitting machine. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. The parties also may comrnunicate by telephone, regular mail or other means, but such communications shall not be deemed Notices under this Section unless receipt by the other party is expressly acknowledged in writing by the receiving party. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective successors and assigns, except that Grantee may not assign or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of Grantor. Survival. All provisions of this Agreement set forth in the following sections shall survive termination of this Agreement: Section I.C (Maintenance, Retention and Access to Records; Audits); Section I.E (Reports); and Section I.F (indemnification). Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of the other by reason of this Agreement. Page 4 - City of Ashland II. Grantee Compliance and Certifications Debarment. Suspension. Ineligibility and Voluntary. Exclusion. The Grantee certifies by accepting gntnt funds that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, nor voluntarily excluded from participation in this transaction by anyFederal department or agency. (This certification is required by regulations published May26, 1988, implementing Executive Order 12549, Debarment and Suspension, 28 CFRPart 69 and 28 CFR Part 67.) Bo Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and guidelines of the State of Oregon, the Federal Government and CJSD in the performance of this agreement, as set forth in the most recent version of the GrantMan~germntHantboJe published by CJSD and including but not limited to: 1. The provisions of 28 CFR applicable to gs'ants 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 Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental PolicyAct; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs. 2. Uniform Relocation Assistance and Real Property Acquisitions ACt of 1970 (P.L. 91-646). 3. Section 102(a) of the Flood Disaster Protection ACt of 1973, P.L. 93-234, 87 Stat.97, approved December 31, 1976. 4. Section 106 of the National l-~toric Preservation ACt of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and I-Kstorical Preservation Act of 1966 (16 USC 569a-1 et seq.) 5. National Environmental Policy Act of 1969, 42 USC 4321 et seq. 6. Flood Disaster Protection ACt of 1973, 42 USC 4001 et seq. 7. Clean Air ACt, 42 USC 7401 et seq. 8. Clean Water ACt, 33 USC 1368 et seq. 9. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq. 10. Safe Drinking Water Act of 1974, 42 USC 300f et seq. 11. Endangered Species Act of 1973, 16 USC 1531 et seq. 12. Wdd and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq. 13. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq. 14. Coastal Zone Management Act of 1972, 16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq. 16. Indian Self-Determination Act, 25 USC 450f. 17. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq. 18. Animal Welfare ACt of 1970, 7 USC2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. 20. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq. Certification of Non-discrimination. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity funded under this agreement on the basis of race, color, age, religion, national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures compliance with the following laws: Page 5 - City of Ashland a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; b. Title IV of the Civil Rights Act of 1964, as amended; c. Section 504 of the Rehabilitation Act of 1973, as amended; d. Title II of the Americans with Disabilities Act (ADA) of 1990, e. Title IX of the Education Amendments of 1972; f. The Age Discrimination Act of 1975; g. The Department of Jusdce Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; h. The Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, age, religion, national origin, handicap or gender against the Grantee or any of its contractors or subcontractors, the Grantee or any of its contractors or subcontractors will forward a copy of the finding to the Criminal Justice Services Division (CJSD). CJSD will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. Civil Rights Compliance. All recipients of federal grant funds are required, and Grantee agrees, to complywith nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.G $ 2000d et seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin); Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 53789d(c)(1) (prohibiting discrimination in employment practices or in programs and activities on the basis of race, color, religion, national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. $ 794 et seq. (prohiNting discrimination in employment practices or in programs and activities on the basis of disability); Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. $12131 (prohibiting discrimination in services, programs, and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C_. $ 6101-07 (prohibiting discrimination in programs and activities on the basis of age); and Tide IX of the Education Amendments of 1972, 20 U.S.C $1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of gender). Equal Employment Opp0rtunity Progran~ If the Grantee, or anyof its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of three percent or more, the Grantee, or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to employment practices affecting minority persons and women. If the Grantee, or any of ks contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of less than three percent, the Grantee or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to its practices affecting women. The Grantee, and any of its contractors and subcontractors, certifies that an equal employment opportunity program as required by this section will be m effect on or before the effective date of this agreement. Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, either through this agreement or in aggregate grant funds in any fiscal year, shall in addition submit a copy of its equal employment opportunity plan at the same time as the application submission, with the understanding that the application for funds may not be awarded prior to approval of the Grantee's, or any of its contractors or subcontractors, equal employment opportunity program by the Office for Civil Rights, Office of Justice Programs, Bureau of Justice Assistance. If required to formulate an Equal Employment Opportunity Program (EEOP), the Grantee must maintain a current copy on file which meets the applicable requirements. National Environmental Policy Act 0'qEPA); Special Condition for U.S. Department of Justice Grant Programs. Page 6 - City of Ashland Prior to obligating grant funds, Grantee agrees to first determine if anyof the following activities will be related to the use of the grant funds. Grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted bythe Grantee, a contractor, subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. new construction; b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of I-fistoric Places or (b) located within a 100-year floodplain; c. a renovation, lease, or any other proposed use of a building or facility that will either (a) resul~ in a change in its basic prior use or (b) significantly change its size; and d. implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For anyof the Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by these grant funds, the Grantee, upon specific request from the Bureau of Justice Assistance, agrees to cooperate with the Bureau of Justice Assistance in any preparation by the Bureau of Justice Assistance of a national or program environmental assessment of that funded program or activity. Certification Regarding Drag Free Workplace Requirements. Grantee certifies that k will provide a drug-free workplace by: 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 employees for violation of such prohibkion; 2. Establishing a drag-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantee's policyof maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's statement required by paragraph (a). 4. Notifying the employee that, as a condition of employment under the award, the employee will: ao Abide by the terms of the statement; and Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later that five days after such conviction. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Taking one of the following actions, within 30 days of receiving notice, with respect to any employee who is so convicted: Taking appropriate personnel action against such an employee, up to and including termination; or Requiring such employee to participate satisfactorily in a drag abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drag-free workplace. Page 7 - City of Ashland III. Suspension or Termination of Funding The Criminal Justice Services Division may suspend funding in whole or in part, terminate funding, or impose another sanction on a Local Law Enforcement Block Grant recipient for anyof the following reasons: Failure to comply substantially with the requirements or statutory objectives of the Local Law Enforcement Block Grant Program guidelines issued thereunder, or other provisions of federal law. Failure to make satisfactory progress toward the goals and objectives and comprehensive evaluation plan set forth in the application. C. Failure to adhere to the requirements of the grant award and standard or special conditions. Proposing or implementing substantial plan changes to the extent that, if orig~ally submitted, the application would not have been selected. Failing to comply substantially with any other applicable federal or state statute, regulation, or guideline. Before imposing sanctions, the Criminal Justice Services Division will provide reasonable notice to the Grantee of its intent to impose sanctions and will attempt to resolve the problem informally. IV. Grantee Representations and Warranties Grantee represents and warrants to Grantor as follows: Existence and Power. Grantee is a political subdivision of the State of Oregon. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreemem and incur and perform its obligations hereunder. Authority. No Contravention. The making and performance by Grantee of this Agreement (a) have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law, rule, or regulation or order of any court, regulatory commission, board or other administrative agency or any provision of Grantee's articles of incorporation or bylaws and (c) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Grantee is a party or by which Grantee or any of its properties are bound or affected. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Grantee of this Agreement. Carmen Merlo, Director Criminal Justice Services Division Oregon State Police 400 Public Service Building Salem, OR 97310 Signature of Authorized Grantee l. rate Name/Title Page 8 - City of Ashland