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
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Jeanette Watson, Mayor
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Anne Bybee, City Clerk
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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)
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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-
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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.
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(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