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<br /> <br /> <br /> Letter of Agreement No. 2006-60 Page 5 <br /> <br /> <br /> for the Project unless the recipient: <br /> <br /> (a) Specifies in any announcement of the awarding of the contract for the procurement of <br /> the goods and services involved (including construction services) the amount of <br /> Federal funds that will be used to finance the acquisition; and <br /> <br /> (b) Expresses the amount announced pursuant to paragraph (a) as a percentage of the total <br /> cost of the planned acquisition. <br /> <br /> The above requirements only apply to procurements for goods or services (including construction <br /> services) that have an aggregate value of $500,000 or more. <br /> <br /> 9. It is further covenant and agreed that HCPD will hold the DEA, its agents and employees and the <br /> United States Government harmless from any and all claims, demands, suits, liabilities and cases of <br /> action, of whatever kind and designation, and wherever located in the State of HAWAII, resulting <br /> from the DCE/SP funded by DEA. The DEA acknowledges that the United States is liable for the <br /> wrongful or negligent acts or omissions of its officers and employees while on duty and acting <br /> within the scope of their employment to the extent permitted by the Federal Tort Claims Act, 28 <br /> USC Sections 1346(b), 2671, et seq. <br /> <br /> 10. HCPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 <br /> of the Rehabilitation Act of 1973, the Americans With Disabilities Act (as incorporated in the Civil <br /> Rights Act of 1991) and all requirements imposed or pursuant to the regulations of the United States <br /> Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, D, and F. <br /> <br /> 11. Within sixty (60) days after termination of the Agreement, HCPD will prepare a December <br /> Monthly Accounting Form and a SF-269, Financial Status Report, itemizing the breakdown of final <br /> expenditures. The December Accounting form and the SF-269, along with a refund check, payable <br /> to DEA for any unexpended funds which were advanced by DEA, pursuant to this Agreement will <br /> be returned to DEA. <br /> <br /> 12. Upon submission of the SF-269 and December Accounting Form to the Investigative Support <br /> Section (OMS) for the preceding year, a copy of the general ledger and the underlying supporting <br /> documentation reflecting the expenditures for equipment in excess of $5,000 and the expenses <br /> associated with the rental or leasing of vehicles or aircraft must be attached. <br /> <br /> <br /> 13. The duration of this Agreement shall be as specified in Paragraph 2. The terms of this <br /> Agreement may be terminated by either party for good cause shown by notice in writing given to the <br /> other party thirty (30) days prior thereof. All obligations that are outstanding on the above <br /> prescribed termination date or on the date of any thirty (30) day notice of termination shall be <br /> liquidated by HCPD within sixty (60) days thereof, in which event DEA will only be liable for <br /> obligations incurred by HCPD during the terms of this Agreement. In no event shall HCPD incur <br /> any new obligations during the period of notice of termination. HCPD shall return to DEA all <br /> unexpended funds forthwith after the sixty (60) days liquidated period. <br />