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CC Resolution 9417 , RESOLUTION NO. 9417 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE POLICE DEPARTMENT TO SUBMIT AN APPLICATION FOR A BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT BLOCK GRANT WHEREAS, the U.S. Department of Justice, Bureau of Justice Assistance is soliciting applications for Local Law Enforcement Block Grants; WHEREAS, a sum of $37,013 is available to the Campbell Police Department through the Local Law Enforcement Block Grant program; WHEREAS, the Bureau of Justice Assistance requires that the City Council approve submission of a grant application for these funds; WHEREAS, the City Council has been presented with a request from staff to authorize submission of a grant application; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Police Department be authorized to submit a grant application to the Department of Justice, Bureau of Justice Assistance, for Local Law Enforcement Block Grant funds. PASSED AND ADOPTED this 1998 by the following roll call vote: 4th day of August AYES: Counci Imembers Conant, Furtado, Dougherty Dean, Watson NOES Counci I members None ABSENT Councilmembers None ~--L.:z:. ~ Jeanette Watson, Mayor A~~~ ~/ Anne Bybee, City Clerk bja1 ,1 .....,.... .,' .... ; 4Il> ; \ ; ~,...,.,.;'O~ U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUGFREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the Instructions for certification included In the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonprocurement) and Governmen-twide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over 5100,000, as defined at 28 CFR Part 69, the applicant certifies 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 con-nection 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 funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at-tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal 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 subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) 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) 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; (b) Have not within a threeyear period preceding this application been convicted of or had a civil judgement 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; (c) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental 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. 3. DRUGFREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the DrugFree 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- 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 be taken against employees for violation of such prohibition; (b) Establishing an ongoing drugfree awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drugfree 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- --- ~ ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations. policies. guidelines and requirements. Including OMS Circulars No. A-21. A-11 O. A-122. A-128. A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements-28 CFR. Part 66. Common rule. that govern the application. acceptance and use of Federal funds for this federally-assisted project. Also the Applicant as:.ures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution. motion or similar action has been duly adopted or passed as an official act of the applicant's governing body. authorizing the filing of the application. including all understandings and assurances contained therein. and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501. et seq.) 4. It will comply with the minimum wage and maximum hours prOVisions of the Federal Fair Labor Standards Act 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. particularly those with whom they have family. business. or other ties 6. It will give the sponsoring agency or the Comptroller General. through any authorized representative. access to and the right to examine all records. books. papers. or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law. program requirements. and other administrative requirements. 8. It will insure that the facilities under its ownership. lease or supervision which shall be utilized in the accomplishment of the project are not listed on 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 consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973. Public Law 93-234. 87 Stat. 975. approved December 31. 1976. Section 102(a) requires. on and after March 2. 1975. the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan. grant. guaranty. insurance payment. rebate. subsidy. disaster assistance loan or grant. or any other form of direct or indirect Federal assistance. OJP FORM 4000/3 (Rev. 1-93) PREVIOUS EDITIONS ARE OBSOLETE ATTACHMENT TO SF-424 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470). Executive Order 11593. and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations. as necessary. to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity. and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply. and assure the compliance of all its subgrantees and contractors. with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968. as amended. the Juvenile Justice and Delinquency Prevention Act. or the Victims of Crime Act. as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants. M71 00.1; and all other applicable Federal laws. orders. circulars. or regulations. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18. Administrative Review Procedure; Part 20. Criminal Justice Information Systems; Part 22. Confidentiality of Identifiable Research and Statistical Information; Part 23. Criminal Intelligence Systems Operating Policies; Part 30. Intergovernmental Review of Department of Justice Programs and Activities; Part 42. Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61. Procedures for Implementing the National Environmental Policy Act; Part 63. Floodplain Management and Wetland Protection Procedures: and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply. and all its contractors will comply. with the non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d). or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964. as amended; Section 504 of the Rehabilitation Act of 1973. as amended; Subtitle A. Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non- Discrimination Regulations. 28 CFR Part 42. Subparts C.D.E. and G; and Department of Justice regulations on disability diSCrimination. 28 CFR Part 35 and Part 39. 14. 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 of race. color. religion. national origin. sex. or disability against a recipient of funds. the recipient will forward a copy of the finding to the Office for Civil Rights. Office of Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one. where the application is for $500.000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19.1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. ~~1:~;~;~~?}?:~~0:::2~~:f;:q'R~~~;1:~:S;/;',.?~.':'~"~;~::::;~,. i:,.;f~~~'j;',,~~f:,,'J~.,;:!;':""~~:';~' ~;~,if:~~.:~,..~ ::'?:";::=:':.~~A~~1;-..~~~' .;~. (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 statue 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 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes bya 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). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) '7Q N "fir~t ~t Campbell, CA 95008 Check 0 if there are workplaces on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check 0 if the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by 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- A. As a condition of the grant. I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk. 633 Indiana Avenue, NW., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: City of Campbell Police 70 N. First Street Campbell, CA 95008 T T 'I<'-eG PrQ']rilm 2. Application Number and/or Project Name Bernard Stroinv. r.ity M~n~']Qr 4. Typed Name and Title of Authorized Representative 5. Signature Department 94 s9Q:i997 3. Grantee IRSNendor Number 6. Date