HomeMy WebLinkAboutRES 565 Draft 01 2006-2008COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 565 Q8
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES OF AMERICA, PURSUANT TO HRS
46-7, FOR A MARIJUANA ERADICATION GRANT
WHEREAS, there is evidence that trafficking in controlled substances exists and that such
illegal activity has a substantial and detrimental effect on the health and general welfare of the people
of the State of Hawaii; and
WHEREAS, the United States of America through the U.S. Department of Justice, Drug
Enforcement Administration, wishes to provide a Domestic Cannabis Eradication Suppression
Program (Marijuana Eradication) Grant to the Hawaii County Police Department (HCPD); and
WHEREAS, it is to their mutual benefit to cooperate in locating and eradicating illicit cannabis
plants and in the investigation and prosecution of cases, involving controlled substances, before the
courts of the United States and the courts of the State of Hawaii; and
WHEREAS, the HCPD will be using the funds to replace/update necessary equipment used by
its personnel which will enhance safety issues during operations/investigations; to pay for helicopters
service costs incurred during eradication, suppression, and investigation efforts to address the
cultivation and trafficking of the controlled substances; and
WHEREAS, these funds will also be used to cover travel expenses to allow personnel to
attend training workshops and seminars, to learn new trends and new investigative techniques in
marijuana eradication; and
WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain
the consent of the council to enter into agreements with the federal or state governments respecting
action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any
funds or other assistance in connection with projects being or to be undertaken pursuant to those
powers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,
in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is
authorized to execute, on behalf of the County, an Agreement with the U.S. Department of Justice,
Drug Enforcement Administration, attached hereto and incorporated herein by reference as Exhibit
"A", to enable the County to execute the Domestic Cannabis Eradication Suppression Program
(Marijuana Eradication) Grant.
BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the
above-referenced agreement and any related documents on behalf of the Office of the Mayor and the
County of Hawaii pursuant to the Hawaii County Charter.
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Office of the Mayor, the Finance and Police Departments.
Dated at Kona ,Hawaii, this 22nd day of April , 2008.
IN ODUCED BY:
(J~---
COUNCIL MEM R, U Y OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of
the County ofHawai`i on April 22, 2008
ATTEST
ROLL CALL VOTE
AYES NOES ABS EX
FORD X
HIGH
HOFFMANN X
IKEDA X
JACOBSON }~
NAEOLE }{
PILAGO X
YAGONG }{
YOSHIMOTO X
6 2 1
Reference
~~ .
~`" w I TY CLERK CHAIRMAN & PRESIDING OFFI R RESOL
C-1088/FC -272 _
5~S ~~
UTION NO.
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U. S. Department of Justice
Drug Enforcement Administration
Agreement Number: 2008-62
This Agreement is entered into between the HAWAII COUNTY POLICE DEPARTMENT
hereinafter referred to as HCPD and the DRUG ENFORCEMENT ADMINISTRATION OF THE
UN1T'ED STATES DEPARTMENT OF JUSTICE, hereinafter referred to as DEA, in reference to
the following:
There is evidence that trafficking in controlled substances exists and that such illegal activity has a
substantial and detrimental effect on the health and general welfare of the people of the State of
HAWAII. The parties hereto agree that it is to their mutual benefit to cooperate in locating and
eradicating illicit cannabis plants and in the investigation and prosecution of cases before the courts
of the United States and the courts of the State of HAWAII involving controlled substances. DEA,
pursuant to the authority of 21 U.S.C. § 873, proposes to provide certain necessary funds and HCPD
is desirous of securing funds.
NOW, therefore, in consideration of the mutual covenants hereinafter contained, the parties hereto
have agreed as follows:
1. HCPD will, with its own law enforcement personnel and employees, as hereinafter specified,
perform the activities and duties described below:
a. Gather and report intelligence data relating to the illicit cultivation, possession
and distribution of cannabis.
b. Investigate and report instances involving the trafficking in controlled substances.
c. Provide law enforcement personnel for the eradication of illicit cannabis
located within the State of HAWAII.
d. Arrest and bring to prosecution defendants chazged with violation of the
controlled substance laws.
e. Send required samples of eradicated cannabis to the NIDA Marijuana Potency
Monitoring Program.
2. It is understood and agreed by the parties to this Agreement that the activities described in Sub-
pazagraphs a, b, c, d, and e above shall be accomplished with existing personnel and that the scope
of HCPD's program with respect to those activities by such personnel shall be solely at HCPD's
discretion, subject to appropriate limitations contained in the budget adopted by HCPD.
3. DEA will pay to HCPD Federal funds in the amount of TWO HUNDRED EIGHTY-TWO
THOUSAND DOLLARS ($282,000.00) for the period of JANUARY 1, 2008 TO DECEMBER 31,
EXHIBIT "A"
Letter of Agreement No. 2008-62 Page 2
2008 to defray costs relating to the eradication and suppression of illicit cannabis. HCPD explicitly
understands and agrees that Federal funds provided to HCPD under this Agreement may not be used
to defray costs relating to herbicidal eradication of cannabis without the advance written consent of
DEA. While using the Federal funds provided to HCPD under this Agreement for activities on
Federal land, HCPD agrees to notify the appropriate local office of the U.S. Department of
Agriculture (Forest System) (national forests and national grasslands) and the U.S. Department of
the Interior (Bureau of Land Management, National Park Service, Fish and Wildlife Service, Bureau
of Indian Affairs, Bureau of Reclamation) of HCPD's presence on Federal land.
4. The Federal funds provided to HCPD are primarily intended for payment of deputies'/officers'
overtime, and reserve officers' salaries and overtime while those deputies and officers are actively
engaged in the cannabis eradication process, as well as for per diem as appropriate and other direct
costs related to the actual conduct of cannabis eradication, such as rental of equipment and vehicles,
fuel for vehicles and aircraft, and minor repairs and maintenance necessitated by their use to support
cannabis eradication. These Federal funds are not intended primarily for the purchase of equipment
or supplies. Unless specifically itemized in the operational plan and approved in advance,
expenditures for expendable and non-expendable equipment should not normally exceed 10% of the
total Federal funds awazded. All purchases of property having a useful life of one year or more with
an acquisition cost of $300.00 or more per unit or an aggregate cost of $1,000.00 or more require the
advance approval of the Domestic Cannabis Eradication/Suppression Program (DCE/SP)
coordinator, unless specifically itemized in the operational plan and approved by DEA.
5. In compliance with Section 623 of Public Law 102-141, HCPD agrees that no amount of these
funds shall be used to finance the acquisition of goods or services (including construction services)
unless HCPD:
(a) Specifies in any announcement of the awarding of the contract for the procurement of
the goods and services involved (including construction services) the amount of Federal
funds that will be used to finance the acquisition; and
(b) Expresses the amount announced pursuant to paragraph (a) as a percentage of the total
cost of the planned acquisition.
The above requirements only apply to procurements for goods or services (including construction
services) that have an aggregate value of $500,000 or more.
6. If DEA approves the purchase of supplies (all tangible personal property other than "equipment"
as defined by 28 C.F.R. § 66.3), and there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate fair market value upon termination or completion of this Agreement, and if
the supplies are not needed for any other federally sponsored programs or projects, HCPD shall
compensate DEA for DEA's share.
7. If DEA approves the purchase of equipment (tangible, non-expendable personal property having
a useful life of more than one year and an acquisition cost of $5,000.00 or more per unit) for the use
of HCPD personnel engaged in cannabis eradication under this Agreement, HCPD will use,
manage, and dispose of the equipment in accordance with 28 C.F.R. § 66.32.
Letter of Agreement No. 2008-62
Page 3
8. Payment by DEA to HCPD will be in accordance with a schedule determined by DEA and said
payment will be made pursuant to the execution by HCPD of a Standazd Form SF-270, Request for
Advance or Reimbursement, and receipt of same by DEA. However, no funds will be paid by DEA
to HCPD under this Agreement until DEA has received to its satisfaction an accounting of the
expenditures of al] funds paid to HCPD during the periods of previous Agreements for this same
purpose. These expenditures will be reported on a Standard Form SF-269, Financial Status Report,
and a December Monthly Accounting Form. .
9. It s understood and agreed by HCPD that, in return for DEA's payment to HCPD of Federal
funds, HCPD will comply with all applicable Federal statutes, regulations, guidance, and orders,
including OMB Circular A-102 (administrative requirements), OMB Circular A-87 (cost principles,
codified at 2 C.F.R. Part 225), OMB Circular A-133 (audit requirements), 28 C.F.R. Part 66 (grants
management common rule), 2 C.F.R. § 2867 (nonprocurement suspension & debarment), 28 C.F.R.
Part 83 (Drug-Free Workplace Act common rule), 28 C.F.R. Part 69 (Byrd Anti-Lobbying
Amendment common rule), and DOJ Order 2900.8A (June 20, 1990). The Financial Guide
published by the office of the Comptroller, Office of Justice Programs, U.S. Department of Justice
contains helpful information regarding compliance requirements.
] 0. HCPD agrees to comply with the requirements of OMB Circular A-133, "Audits of States,
Local Governments, and Non-Profit Organizations." OMB Circular A-133 is available at
http://www.Whitehouse.gov/omb/circulazs/a133/a133.htm1. In conjunction with the beginning date
of the award, the audit report period of HCPD under the single audit requirement is (01/1/2008)
through (12/31/2008).
11.-HCPD acknowledges that arrangements have been made for any required financial and
compliance audits, and audits will be made within the prescribed audit reporting cycle. HCPD
understands that failure to furnish an acceptable audit as determined by the cognizant Federal agency
may be a basis for denial of future Federal funds and/or refunding of Federal funds and may be a
basis for limiting HCPD to payment by reimbursement on a cash basis.
12. HCPD shall maintain complete and accurate reports, records and accounts of all obligations and
expenditures of DEA funds under this Agreement in accordance with generally accepted government
accounting principles and in accordance with state laws and procedures for expending and
accounting for its own funds. HCPD shall further maintain its records of all obligations and
expenditures of DEA funds under this Agreement in accordance with all instructions provided by
DEA to facilitate on-site inspection and auditing of such records and accounts.
13. HCPD shall permit and have available for examination and auditing by DEA, the United States
Department of Justice Office of Inspector General, the Government Accountability Office, and any
of their duly authorized agents and representatives, any and all investigative reports, records,
documents, accounts, invoices, receipts and expenditures relating to this Agreement. In addition,
HCPD will maintain all such foregoing reports and records for three years after termination of this
Agreement or until after all audits and examinations are completed and resolved, whichever is
longer.
Letter of Agreement No. 2008-62 Page 4
14. HCPD agrees that an authorized officer or employee will execute and return to the Investigative
Support Section (OMS), Drug Enforcement Administration, 8701 Morrissette Drive, Springfield,
VA 22152, the attached OJP Form 4061/6, "Certifications Regarding Lobbying; Debarment,
Suspension, and Other Responsibility Matters; and Drug Free Workplace Requirements" and the
attached OJP Form 4000/3, "Assurances." HCPD acknowledges that this Agreement will not take
effect and that no Federal funds will be awazded by DEA until DEA receives the completed
Certifications and Assurances.
15. Employees of HCPD shall at no time be considered employees of the United States Government
or DEA for any purpose, nor will this Agreement establish an agency relationship between HCPD
and DEA.
16. HCPD shall be responsible for the acts or omissions of HCPD personnel. HCPD and HCPD's
employees shall not be considered as the agent of any other participating entity. Nothing herein is
intended to waive or limit sovereign immunity under federal or state statutory or constitutional
authority. This Agreement creates no liability on the part of the DEA, its agents or employees, or the
United States Government for any claims, demands, suits, liabilities or causes of action of whatever
kind and designation, and wherever located in the State of HAWAII resulting from the DCE/SP
funded by DEA.
17. HCPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements
imposed by or pursuant to the regulations of the United States Department of Justice implementing
those laws, 28 C.F.R. Part 42, Subparts C, F, G, H, and I.
18. Within sixty (60) days after termination of the Agreement, HCPD will prepare a December
Monthly Accounting Form and a Standazd Form 269 Financial Status Report (SF-269), itemizing the
breakdown of final expenditures. The December Monthly Accounting Form and the SF-269, along
with a refund check, payable to DEA for any unexpended funds which were advanced by DEA
pursuant to this Agreement, will be returned to DEA.
19. Upon submission of the SF-269 and December Monthly Accounting Form to the Investigative
Support Section (OMS) for the preceding yeaz, a copy of the general ledger and the underlying
supporting documentation reflecting the expenditures for equipment in excess of $5,000 and the
expenses associated with the rental or leasing of vehicles or aircraft must be attached.
20. The duration of this Agreement shall be as specified in Pazagraph 3. This Agreement may be
terminated by either party for good cause shown after thirty days written notice to the other party.
All obligations that are outstanding on the above prescribed termination date or on the date of any
thirty (30) day notice of termination shall be liquidated by the HCPD within sixty (60) days thereof,
in which event DEA will only be liable for obligations incurred by the HCPD during the terms of
this Agreement. In no event shall HCPD incur any new obligations during the period of notice of
termination. HCPD shall return to DEA all unexpended funds forthwith after the sixty (60) days
liquidation period.
Letter of Agreement No. 2008-62
THE HAWAII COUNTY POLICE DEPARTMENT
By:
Titl
DRUG ENFORCEMENT ADMINISTRATION
Special Agent in Charge
Los Angeles Field Division
Date:
Date:
DEA DIVISIONAL FISCAL CLERK MUST INPUT INTO FFS
ACCOUNTING CLASSIFICATION/OBLIGATION NO.;
FFS INPUT DATE: BY:
TO BE FILLED OUT BY HEADQUARTERS:
APPROVAL FOR PAYMENT
Page 5
This is to verify that all of the administrative determinations have been made, that the payment is
legal, proper, correct and approved for payment.
Amount:
Obligation Doc No.
Line No.
Signature
Printed Name /"Title
Date Approved
$282 000 00
See Above
Phili~A Jessar -Chief InvestiQafive Support Section
OMB APPROVAL NO. PAGE OF
0$4$-U04 1 2 PAGES
REQUEST FOR ADVANCE a. 'x^one or both boxes 2. BASIS OF REQUEST
OR REIMBURSEMENT CI ADVANCE ^REIMBURSE- )
TYPE OF CASH
PAYMENT MENT
(See in5tru0flOns On back) REQUESTED b. "X" the applicable box
~~ FINAL ^ PARTIAL ^ gCCRUAL
3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT 4. FEDERAL GRANT OR OTHER 5. PARTIAL PAYMENT REQUEST
TO WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIB REQUEST
DRUG ENFORCEMENT ADMINISTRATION BY FEDERAL AGENCY
2008-62
6. EMPLOYER IDENTIFICATION 7. RECIPIENT'S ACCOUNT NUMBER 8. PERIOD COVERED BY THIS REQUEST
NUMBER OR IDENTIFYING NUMBER FROM (month, day, year) TO (month, day, year)
99-6000567 N/A JANUARY 1, 2008 DECEMBER 31, 2008
9. RECIPIENT ORGANIZATION 70. PAYEE /Where check is to be sent i/ddlerenf than Item 9)
Name: Name: HAWAII COUNTY POLICE DEPARTMENT
C/O DEA
Number Number 300 ALA MOANA BLVD., ROOM 3129
and Street: and Street: HONOLULU, HAWAI I
N/A
City. State City, State
and ZIP Code: and ZIP Code:
11. COMPUTATIO N OF AMOUNT OF R EIMBURSEMENTS/A DVANCES REQUEST ED
ROGF;AMS/FUNCTIONS/ACTIVITIES ~' TOTAL
Original Letter
of Agreement
a. Total program (AS o/date)
outlays to date 282 000.00 282 000.00
b. Less: Cumulative program income 0.00
c. Net program outlays (Line a minus
lineb 282 000.00 0.00 0.00 262 000.00
d. Estimated net cash outlays for advance
eriod 0.00
e. Total (Sum oflinesc&d) 282 000.00 0.00 0.00 262 000.00
f. Non-Federal share of amount on line a 0.00
g. Federal share ofamount on lines 282,000.00 282,000.00
h. Federal payments previous) requesletl 0.00
i. Federal share now requested (Line g
minus lineh 282 000.00 0.00 0.00 282 000.00
j. Advances required by
month, when requested t st month
282, 000.00
282, 000.00
by Federal grantor
2nd month
agency for use in making D . 00
prescheduled advances 3rd month
0.00
F
AUTHORIZED FOR LOCAL REPRODUCTION (Conflnued on ReVefSe) STANDARD FORM 270 (Rev. 7-97)
Prescribed by OMB Circulars A-702 and A-110
13. CERTIFICATION
I Cedify that t0 the best Of my SIGNATURE OR AUTHORIZED CERTIFYING OFFICIAL DATE REQUEST
knowledge and belief the data on ~ SUBMITTED
the reverse are correct and that all
outlays were made in accordance
with the grant conditions or Other TypEO OR PRINTED NAME AND TITLE TELEPHONE (AREA CODE,
agreement and that payment is NUMBER AND EXTENSION)
due and has not been previously
requested.
This space for agency use
Public reporting burden for this collection of information is estimated to average 60 minutes per
response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Offce of Management and Budget,
Paperwork Reduction Project (0348-0004), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
INSTRUCTIONS
Please type or print legibly. Items 1, 3, 5, 9, 10, 11e, 11f, 11g, 11i, 12 and 13 are self-explanatory; specific instructions
for other items are as follows:
Item Entry
2 Indicate whether request is prepared on cash or accrued
expenditure basis. All requests for advances shall be
prepared on a cash basis.
Enter the Federal grant number, or other identifying
number assigned by the Federal sponsoring agency. If
the advance or reimbursement is for more than one
grant or other agreement, insert N/A; then, show the
aggregate amounts. On a separate sheet, list each
grant or agreement number and the Federal share of
outlays made against the grantor agreement.
6 Enter the employer identification number assigned by the
U.S. Internal Revenue Service, or the FICE (institution)
code if requested by the Federal agency.
7 This space is reserved for an account number or other
identifying number that may be assigned by the recipient.
11a
activity. If additional columns are needed, use as many
additional forms as needed and indicate page number in
space provided in upper right; however, the summary
totals of all programs, functions, or activities should be
shown in the "total" column on the first page.
Enter in "as of date," the month, day, and year of the
ending of the accounting period to which this amount
applies. Enter program outlays to date (net of refunds,
rebates, and discounts), in the appropriate columns. For
requests prepared on a cash basis, outlays are the sum
of actual cash disbursements for goods and services, the
amount of indirect expenses charged, the value of
in-kind contributions applied, and the amount of cash
advances and payments made to subcontractors and
subrecipients. For requests prepared on an accrued
expenditure basis, outlays are the sum of the actual cash
disbursements, the amount of indirect expenses
incurred, and the net increase (or decrease) in the
amounts owed by the recipient for goods and other
property received and 'for services performed by
employees, contracts, subgrantees and other payees.
8 Enter the month, day, and year for the beginning and
ending of the period covered in this request. If the
request is for an advance or for both an advance and
reimbursement, show the period that the advance will
cover. If the request is for reimbursement, show the 11b
period for which the reimbursement is requested.
Note: The Federal sponsoring agencies have the option of
requiring recipients to complete items 11 or 12, but not
both. Item 12 should be used when only a minimum
amount of information is needed to make an advance
and outlay information contained in item 11 can be
obtained in a timely manner from other reports.
11 The purpose of the vertical columns (a), (b), and (c) Is to
provide space for separate cost breakdowns when a
project has been planned and budgeted by program,
function. or
Enter the cumulative cash income received to date, if
requests are prepared on a cash basis. For requests
prepared on an accrued expenditure basis, enter the
cumulative income earned to date. Under either basis,
enter only the amount applicable to program income that
was required to be used for the project or program by the
terms of the grant or other agreement.
11d Only when making requests for advance payments, enter
the total estimated amount of cash outlays that will be
made during the period covered by the advance.
13 Complete the certification before submitting this request.
STANDARD FORM 270 (Rev. 7-97) Back
Memorandum
.~ Oeparlm¢~~o
J 4
,`*
4
~FQ~°
Subject
Electronic Funds Transfer
(DFN: 610-13)
To
All Domestic Cannabis Eradication/
Suppression Program (DCE/SP)
Participating Agencies
._e l
Investigative Support Section
Funding for the Domestic Cannabis Eradication/Suppression Program (DCE/SP) is only available
by electronic transfer. Funds will be transferred directly into the Letter of Agreement (LOA) agency
barilc account. In order to process electronic transfers the following information must be provided
below:
Agency Name on Bank Account:
Account Number:
Name of Bank/Financial Institution:
Address of Bank/Financial Institution:
Telephone Number of Bank/Financial Institution:
Contact Person of Bank/Financial Institution:
Bank/Financial Institution ABA Number:
Authorized Agency Representative -Name & Title
Signature of Authorized Agency Representative
Date
Date
(This origi°al form and Amended Letter of Agreement Package must be returned to the
Investigative Support Section. Please retain a copy for your records.)
U.S. DEPARTM ENT OF JUSTICE
OFFICE OF JUS TICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE 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 c ertification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Governme nt-wide Debarment and Suspension (Nonpro-curement) and
Government-wide Requirements for Drug-Free Workplace ( Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed w hen 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 public (Federal, State, or total) transaction or contract under a
,
,
implemented at 28 CFR Part 69, for persons entering into a public transaction; violation of Federal or State antitrust statutes
grant or cooperative agreement over $100
as defined at
000 or commission of emhezzlement, theft, forgery,
,
,
28 CFR Part 69, the applicant certifies that: bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be (c) Are not presently indicted for or otherwise criminally or
paid, by or on behalf of the undersigned, to any person for in- civilly charged by a governmental entity (Federal
State
or
fluencing or attempting to influence an officer or employee of any ,
,
local) with commission of any of the offenses enumerated in
agency, a Member of Congress, an officer or employee of paragraph (1)(b) of this certification; and
Congress, or an employee o(a Member of Congress in con-
nection with the making of any Federal grant, the entering into (tl) Have not within athree-year period preceding this applica-
o(any cooperative agreement, and the extension, continuation, lion had one or more public transactions (Federal, State, or
renewal, amendment, or modification of any Federal grantor local) terminated for cause or default; and
cooperative agreement;
B. Where the applicant is unable to certify to any of the
(b) If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
been paid or will be paid to any person for influencing or at- explanation to this application.
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 3. DRUG-FREE WORKPLACE
Federal grant or cooperative agreement, [he undersigned shall
" (GRANTEES OTHER THAN INDIVIDUALS)
complete and submit Standard Form - LLL,
Disclosure of
Lobbying Activities," in accordance with its instructions; As required by fhe Drug-Free Workplace Act of 1988, and
(c) The undersigned shall require that the language of this ter- implemented at 28 CFR Part 67, Subpart F, for grantees, as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620-
atall tiers (including subgrants, contracts under grants and A. The applicant certifies that i[ will or will continue to provide
cooperative agreements, and subcontracts) and that all sub- a drug-free workplace by:
recipients shall certify and disclose accordingly.
(a) Publishing a statement noli(ying employees that the
unlawful manufacture, distribution, dispensing, possession, or
2. DEBARMENT, SUSPENSION, AND OTHER use of a controlled substance is prohibited in the grantee's
workplace antl specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (b) Establishing an on-going drug-free awareness program to
As requiretl by Executive Order 12549, Debarment and inform employees aboul-
Suspension, and implemented at 28 CFR Par[ fi7, for prospec- (1) The dangers of drug abuse in the workplace;
live participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510-
(2) The grantee's policy of maintaining adrug-tree workplace;
A. The applicant certifies [hat it and its principals: (3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(aj Are not presently debarred, suspended, proposed for debar- (4) The penalties that may be imposed upon employees for
men[, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace;
henefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged
or agency; in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(b) Have not within athree-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement required by para-
them for commission of fraud or a criminal offense in connec- graph (a) that, as a condition of employment under the grant,
lion with obtaining, attempting to obtain, or performing a the employee will-
OJP FORM dOfi1/6 (3-91) REPLACES OJP FORMS dOfitl2, 4061/3 ANO d06tIG WHICH ARE OBSOLETE.
(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
employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including
position title, to: Depanment of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the iden-
tifcation 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 by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain adrug-
lree 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)
Check ^ if there are workplaces on file that are not indentified
here.
Section 67, 630 of the regulations provides that a grantee that
is a Stale may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ~ if the State has elected to complete OJP Form
aosln.
DRUG•FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpan F, for grantees, as
defined at 28 CFR Part fi7; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that 1 will not engage
in the unlawful manufacture, distribution, dispensing, posses-
sion, 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, 810 Seventh Street NW.,
Washington, DC 20531.
As the tluly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
vs. co.emmem admmq ogee: rasa- aos-osnaoora
OMB APPROVAL NO 112/0140
l~:
x~i•
ASSURANCES
The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB
Circulazs No. A-21, A-87, A-11tJ, A-122, A-133; 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 assures and certifies that:
L It possesses legal authority to apply for the gmnq that a resolutioq motion or10.
similaractien has been dulyadopted or passed as an official act of the applinnt's
governing body, authorizing the filing of [he application, including all
understandings and assurances wntained[hereiq and directing and aphorizing
[he person identifiM as the official representative of [he applicant to act in
connection with the applimtion and toprovide such additional information may
be required.
2. I[ will wmply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Ac[ of 1970 (P.L. 91-646) which
provides for fav and equitable treatment of persons displaced az a result oC
Federal and federally - assists programs.
I1.
3. I[ will comply with provisions of Federal law which limit certain political
ac[ivi[ie 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 [he minimum wage and maximum hours provisions of the
Federal Fair Labor Standards Act if applipble.
12.
5. hwill establish safeguards to prohibit employees from using [heir posdions fora
purpose[haz is or gives [he 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 toand the right to examine all records, books,
papers, or documents related m the grant
7. [t will comply with allrequvements imposed by the Federal sponsiring agency
concerning special requirements of law, program requirements, and other 13.
administrative requirements.
8. It will insure [hat 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 Violazing Fxili[ies and that it
willno[ify the Fedeml grantor agency of the receipt of any communiption from
[he Director ofthe EPA Office ofFedeml Activities indicazing [ha[ a facility to be
used in the project is under consideration for listing by the EPA.
9. hwill comply with theflood insurance purchase requvements of Section l02(a)
of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, l4.
approved December 31, 1976, Section 102(a) requires, on and after March 2,
1975, [he purchase of flood insurance in communilies where such insurance is
available as a wndition for [he receipt of any Federal financial assistance for
construction or acquis¢ion purposes for usdn 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 "Fedeml financial assistance" I5.
include any form of loan, grant, guaranty, inswancepayment, rebate, subsidy,
disaster assistance loan or grant, or any other forth of direct or indirect Fedeml
assistance. 16.
It will assist the Federal grantor agency m its compliance with Section 106 of
the National Historic Preservation Ae[ of 1966 as amended (16 USC 470),
Executive Order 11593, and the Archeological and Historical Preservation Act
of 1966 (16 USC 569 a-1 et seq.) by (a) consulting with the State Hiaeoric
Preservation Officer on [he condua of invesdgazions, as necessary, m identify
properties listed in or eligible for inclusnn in [he National Register of Historic
Places [haz are subjerx [o adverse effects (see 36 CFR Part 800.8) by the
activity, and nodfyingthe Federal gmnroragency of [he existence ofany such
properties, and by ro) complying wrth all requirements established by the
Federal grantor agency to avoid or mitigaze adverse effects upon suds
properties.
tt will comply, and assure the compliance ofall its subgmntees and
contractors, with [he applimble provisions of Titk I of [he Omnibus Crime
Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and
Delinquency Prevention Ac[, or the Victims ofCrime Act, as appropriate; [he
provisbns of the current edition of[he Office ofJustice Programs Financial
and Admirlistrazive Guide for Grants, M7100.1; and all other applicable
Federal laws, orders, circulars, or regulations.
It will comply with the provisions of28 CFR applicable to grants and
ceopera[ive agreements including Part I8, Administrative Review Procedure;
Part 20, Criminal Justice Information Systems; Part 22, Confidentialityef
Identifiable Research and Statistical Informazioq Part 23, Criminal
Intelligence Systems Operating Policies; Part 3Q In[ergove-mmental Review
of Department of Justice Programs and Activities; Part 42,
Nondiscdminazion/EqualEmployment Opportunity Policies and Procedures;
Part 61, Procedures for Implementing the National Environmental Policy Act;
Part 63, Floodplain Management and Wetland Protection Procedures; and
Fedeml laws or regulations applicable to Fedeml Assistance Programs.
It will comply, and all its contractors will comply, with the nondiscri-urination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or Victims ofCrime Act
(as appropriate); Title VI of[he Civil Rights Act of 1964, as amended;
Section 504 of [he Rehabilitation Act of 1973, as amended; Subtitle A, Title !I
ofthe Americans with Disabilities Act (ADA) (1990); Title IX
of the Education Amendments of 1972; the Age Discrimination Act of 1975;
Department ofJustice Non-Discrimination Regula[ions,26 CFR Part 42,
Subparts C, D, E, and G; and Department ofJustice regulazions on disability
discrimination, 28 CFR Pan 35 and Part 39.
[n [he event a Federal or Slate court or Federal or State administrative agency
makes a finding ofdiscrimina[ion 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 wpy of the finding m [he Office for Civil
Rights, Office of Justice Programs.
It will provide an Equal Employment Opportunity Program if required to
maintain one, where the appliption is for $500,000 or more.
It will comply with the provisions of[he Coastal Barrier Resources AM (P.L.
97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the
expendiwre ofmost new Federal funds widnin the units of[he Coastal Barrier
Resources System.
Signature
Date