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HomeMy WebLinkAboutReso 1975-7895-B RESOLUTION NO. 7395 RESOLUTION OI' TII1; CITY COUIICIL OF' TIII: CITY OF CHULA VISTA 11PPROVING APPJ~IC71T1"UN FOR DRUG ABUSE 1'RIVL'I7TIOP1 ANll EARLY IiJTERVENTION PP.OJ>/CT The City Council of-the City of Chula Vista does hereby resolve as follows: t9IiEREAS, the City of Chula Vista desires to undertake, via contract with Our Ilouse, Incorporated, a certain project desig- nated as Drug Abuse Prevention and Early Intervention Project, to be funded in part from funds made available through the Orlnibus Crime Contral and Safe Streets Act of 1968, PL 90-355, as amended, PL 91-6~9, (hereinafter referred to as the Safe Streets Act) admin- istered by the California Council on Criminal Justice (hereafter referred to as CCCJ). IdO~•~, TIiEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the 1`Iayor of the City of Chula Vista is authorized, on its behalf, to submit the attached Application for Grant for La~.a Enforcement Purposes to CCCJ and is authorized to execute on behalf of the City of Chula Vita the attached Graizt _rward Control for law enforcement purposes including any extensions or amendments thereof. BE IT FURTHER RESOLVED that the applicant agrees to pro- vide all matchii1g funds required for said project (including any~v extension or amendment thereof) under tl,e Safe Streets Act and rules and regulations of CCCJ and the Law Enforcement Assistance Administration and that cash will be appropriated as required thereby. BE IT FURTHER RESOLVED that grant funds received here- under shall not be used to supplant on-going law enforcement ex- penditures. Presented by Approved as to form by /s/ Lane F. Cole. Lane F. Cole, City Tlanager /s/ George D. Lindberg George ll. Lindberg, City 7lttorney ,. " t ' ,~ ~ ~ ~ ,~r 7~J7, ADOPTED A~'VD APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 16th day of September , 1975 by the following vote, to-wit: AYES: CounciZmen Hobel, Familton, Hyde,-Egdahl, Scott NAYES: CounciZmen' None ABSENT: CounciZmen None /s/ Thomas D. Hamilton, Jr. Mayor of the City of-Chula Jista ATTEST /s/ Jennie i~I. Fulasz City CZer•k STATE OF CALIFORNIA j COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing 2s a full, true and correct copy of Resolution No. 7895 and that the same has not been amended ar repealed. DATED September 17, 1975 (SEAL) CC-660 7~ ~ :ems D/. c City er 3. Thy following provisions ar® hareby added t<a thc+ Grnnt A~•~at'c3 Condi.tilons: ,gr`cttrity__;_~nrl Priv`i_~•. ~. Thq _Sultgrunt~,e a~z~r,s that cv.c~..nt. as pzovicled by Fc.dcral law ot.hur than th~i Crim,• C:ontrul ltct of 1973 (rig rJ.S.C'. , Suctions ~h.,11 u~c or i'/O1 i`t f+pri.) , nuno of ate rtEt iccr:; or em, iol',+~,`, ~ 1.ovwal nny ru4r,tiz•ch oc tatat ir.f.i;:,cl infurtr,,~; acts itt: ni:.lu d )' any {K`r::un nn3 7dcnt.it;.ah!c to nny ^.(,~cific ~ri~•.:t.~• (n.r::c,~t for iAny .rurpnetc+ otttur than thr i,uroo~re for which it wa:: r>Ut<tc'~r'ns Copies of :tiuch I.n.`.n~;r~ltion ~ch.~l.l he ir-~;rtvtc~ Prcnt ls•gnl E,_ = , arld shall not, t•fithout the co•r-~cnt. of. the person, ft:rnl :':inct such information, L^- adritted as cvi cl~r.cc or. u red for a:~y t,•,:ri ese in eny action, suit, or other judicial or <~dmini.:arative grocecd~ngs. B. Criminal ttirtory in?.on,tation: (11 The term "c>: irni.nal h:.ctoi: f 1 nYO-r.,at? ott'° includes zecords uutd relatc,d data, car,r,ilcd by .law c:tfor-;~:~,'nt aq°'^=i~'~ for pt=rfvur..~n of identifyi.t~; crin;i,ln1 offend_rs ~>r..: 311r_ged offenders anal rr.~zintaining .,s to such pe-r. aon, su;r..~ z~`^. j Iof arrest, t:',e natuxe at,d rii~;'~osition of cr.ir:~nal cl:.lr sentencing, confine: ent, rsh.~bilitatj.~m and gel''os` (2) If the Subgrantcc utilizds "crlmins3 hi.etor}• inFoz-ration", the Subgr:,.ri;.co shtt.ll cor.~ply with 11zc' following: All czis:~inal history infozr.:ation collc~ctF3, stored, or di,esertinacad shr.ll costa:~.in, to t2te~ rr.xla~_a errant -°©asibld disposition as well as arrest: data wr.•.se arz'est data is inelt,YJed t1LO?'tyi.n. Tho collection, srs~r-ega, art_ d-'s<:~r•ation of ~c:=h inforca~ti.an shall tale nlacc ascot prncec•-lies rE•asorably d_~i ~..nrl en insur_~ Chit all such infor~~+ation is r.._ t cuz=c.^.} thereini tine Su;~gra.nteu and my contractor or °•t:o--contractor shall assure that tom? security atd F•rivac1 of a7'_ ir.foru~aticn is adequately pro•. i~d for and that such i^.gor:r it-on =h^1). only be us©d for. law uaforcer,~ent and. criminal jusri^~' a:id o=tter la'•~ul nurpvses. 1. ..^.dr±ition, a.n irdividu~l caizo believes thz..- crininnl histor-}° iniorc~t:.cr_ cor:eerring him contained in rn automatr_d system i.s inaccura*_e, incor;feter or rtaintainc•d in violation of the ~rir-.= Control Act oft 1~bs~entitl~dFto zeviczf ~bsc`~inicr.`ation n of hie identity, ` and to obtain a copy of it for the purkose of challenge or core®ction. crson violati thn Security tine Priv_~ provj.s? ens C. Any p m -- ---- contained herein or of the Cry me Control ..cq. of 197.s (42, U.S.c., Section 3771 (c), or. of any r^le, ''tolercec-3 $1G,000 oYdPr issued thorcund~~r, shall ba fined not in addition to any otitor p~tr~.:lty im~s~=a by in.r. A. rho tubgrarrtaevzceftures ti'rat the gorexoinq pro-risions of th© Secttrlt~ and Prj.~"ncY clau~o ,hall bo incor!:o= ated, as aporopriste, is-to tr,il cuntxtscts, subgrants or sub-cantract:s. 1°-21-7~ ~, i~~"?5 ADDENDUM Pdo. 2 July 10, 1975 Paragraph 17 of the Standard Grant Award Conditions, enuitled °'Publications", is deleted and the following "Publications" clause is substituted, 17. Publications. Before: publishing any materials produced by activities supported by this Agreement, the Subgrantee or its contractor (the contractor) shall notify OCJP 90 days in advance of any such intended publication and shall submit 20 copies of the materials to be published. Within 60 days after any such materials have been received by OCJP, OCJP shall submit to the Subgrantee its comments with respect to the materials intended to be published. The Subgrantee or its contractor shall determine, within 10 days after receipt of any such comments, whether or not to revise the materials to incorporate the con~nents of OCJP and shall advise OCJP of its determination within 15 days after such comments have been received by the Subgrantee or its contractor. If the Subgrantee or its contractor determines not to incorporate any of the comments of OCJP into the tent of the materials, it may publish the materials provided that the initial preface or introduction to these materials as published contain the following: A. A credit reference reading as follows: The preparation of these materials was financially assisted through a federal grant from the Law Enforcement Assistance Administration and the California Office of Criminal Justice Planning and under Title I of the Crime Control Act of 1973." 6. A disclaimer statement reading as follows: "The opinions, findings, and conclusions in this publication are those of the author and not necessarily those of OCJP or LEAA. OCJP and LEAA reserve a royalty- free, non-exclusive, and irrevocable license to reproduce, publish and use these materials, and to authorize others to do so. A copy of these materials may be obtained from OCJP or LEAA upon, payment of the cost for reproducing the materials." C. The comments of OCJP in full, unabridged, and unedited. If the Subgrantee or its contractor wishes to incorporate some or any of the comments of OCJP in the text of the materials, it shall revise the materials to be published and resubmit them to OCJP which shall prepare comments on the resubmitted data within 30 days after receipt thereof. Within 10 days after receipt of these comments, the Subgrantee or its contractor shall determine whether or not to accept or adopt any of the comments on the revised materials as resubmitted to OCJP and shall advise OCJP of this determination within 15 days after receipt of the comments of OCJP. Thereafter, thrs'materials may be published or revised in accordance with the procedures set forth above for the publication of materials on which OCJP has submitted its comments to the Subgrantee or its contractor. If OCJP has not submitted its comments on any materials submitted to it within 90 days after OCJP has received any such materials, the Subgrantee or its contractor may proceed to publish ~~. materials in the form in which they have been submitted to OCJP but shall include the credit statement and the disclaimer statement set forth above, but vrithout any further comments. ~y~> r •• i . 29. Conditions Applicable to Part E Grants. If any portion of the yrant project~is #Wnded with Part E funds, the following conditions apply: A. The title and control of Part E funds and title to property may not be transferred to private agencies, profit-making or otherwise, even though these may be utilized in the implementation of Part E efforts including the purchase of services and Part E funds and property will not be diverted to other than correctional uses. B. Subgrantees of Part E funds assure that personnel standards and programs cf the institutions and facilities will reflect advanced practices. C. To insure that Subgrantees are engaging in projects and programs to improve the recruiting, organization, training, and education of personnel employed in correctional activities, including those of probation, parole and rehabilitation, the following minimum requirement shall be met in Part E grants: (11 At least 80 hours recruit training, at entry into duty or during the first year of tenure, for both guards, correctional officers, probation and parole officers, and (2) At least 20 hours of in-service or refresher training per year for all such correctional personnel with more than one year of tenure. 30. Grants for Computerized Systems. If any portion of this grant involves the establishment, maintenance or upgrading of a computerized system, the Subgrantee agrees: Y, v A. To ensure that adequate provisions are made for system security, the protection of individual privacy and the insurance of integrity and accuracy of data collection. Within 90 days of receipt of award, the Subgrantee shall submit to CCCJ its plan for insuring the security of information maintained in the syste.n and assurances providing for consideration of the rights of privacy. ~f-he Project Search Technical Report No. 2 (Security and Privacy Considerations in Criminal History Information Systems) shall be used as a guide. B. To coordinate development of the program with any compatible multistate effort to secure the benefits of exchange of data and the use of standard reporting formats and definition, to enhance the benefits and potentials of its information systems facilities and provide needed interface with National Criminal Justice Information Systems. C. That all CO~iij.ut%r $Gft'vJare pi0ui.iCed iiiiv'cr this grain VJiii u~ (iiaiiG dverld'ule i0 LE~",A fUr tfan5fer t0 authorized users in the criminal justice community without cost other than that directly associated with the transfer. Systems will be documented in sufficient detail to enable a competent data processing staff to adapt the system, or portions thereof, to usage on a computer of similar size and configuration, of any manufacturer. D. To provide a complete copy of documentation to the applicable Regional Office (unless the Regional Administrator of that office has waived this requirement{ and a complete copy to the Systems Development Division, Office of Criminal Justice Assistance, Law Enforcement Assistance Administration. Documentation will include but not be limited io System Description, operating Instructions, User Instructions, Program Maintenance Instructions, input forms, file descriptions, report formats, program listings and flow charts for the system and programs. E. That whenever possible, all application programs will be written in ANS COBOL in order that they may be transferred readily to another authorized user. Where the nature of the task requires a scientific programming language, ANS FORTRAN may be used. F. To avail itself, to the maximum extent practicable, of computer software already produced and available without charge and to insure that reasonable effort is extended in this area, LEAA publications and Regional Systems Specialist should be consulted. 31. Clean Air Act Violations. In accordance with the provisions of the Clean Air Act, 42 U.S.C. 1857, et. seq., as amended by P.L. 91-604; and Executive Order 11602, the Subgrantee agrees contracts will not be made with parties convicted of any offense under the Clean Air Act. 32. Use of Airplanes and Helicopters. Airplanes and helicopters purchased in whole or in part with grant funds must be used for the purposes stated in this grant award and may not be used for non-law enforcement purposes by state or local officials. - 7 - Rev. 8/15/73 33. Educational Support. The Subgrantee assures that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity funded in whole or in part in accordance with this grant award with tl~e exception of the qualifications set forth in Title IX, Section 9011a) of P.l. 92-318. 34. Identification of Source of Material. All published material and written reports submitted under this grant award or in conjunction with contracts under this grant award must be originally developed material unless otherwise specifically provided in thi• grant award agreement. When material not oriyinally developed is included in a report or other published material, the source of such material must be identified. This identification may be in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. 3fi. Notices. All written notices pursuant to this grant award shall be given by addressing the same as follows and depositing the same in the U.S. mail, postage prepaid: Douglas R. Cunningham, Exec. Director Office of Criminal Justice Planning 7171 Bowling Drive Sacramento, California 95823 Subgrantee: To the Subgrantee named on the face sheet hereof at the address stated therein. Project Director: To the project director named on the face sheet hereof at the address stated therein unless written notice of any change therein has been received from the Subgrantee prior to the lime said notice is to be given, in which event, said notice shall be sent in accordance with said written changes. Nothing herein contained shalt preclude the giving of any notice by personal service. The address to which notice shall be mailed as set forth above to either party may be changed by written notice given by such party in the manner set forth above. 36. Amendments. No alteration or variation of the terms of this grant award shall be valid unless made in writing and signed by CCCJ and the Subgrantee, and no oral understanding or agreement not incorporated herein shall be binding on either CCCJ or the Subgrantee. a ~~9~ _ g _ Rev. S/15/73 programs on the grounds of race, color, creed, sex, or national origin sha11~ beyeliminated. As required by Section 5181b) of the Safe Streets Act, this yrant condition shall not be interpreted to require the imposition on grant-supported projects of any percentage ratio, quota system or other program to achieve racial balance or eliminate racial imbalance in a law enforcement agency. The Subgrantee recognizes the right of the United States to seek judicial enforcement of the foregoing covenants against discrimination and will include a similar covenant in its contracts assuring the right of the United States to seek such judicial enforcement. B. If this grant award provides for payment to the Subgrantee in excess of $10,000, the Subgrantee shall comply with Executive Order No, 11246, entitled "Equal Employment Oppot tur~ity", as supplemented. The Subgrantee shall be required to have an affirmative action plar-r which de~-aares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of equal eniploymerst, Z0, Government Not Obligated to Third Parties Other Than Subgrantees. The Subgrantee may procure from third parties materials, supplies, services, or equipment for the conduct of the grant project, provided that such procurement complies with the minimum procurement standards set forth in the CCCJ Fisca/ ,4ffairs Manua/ and applicable federal regulations when such procurement contracts are not contrary to law and do not violate any of the other conditions of this grant award. Neither LEAA nor CCCJ shall be obligated or liable to any party other than the Subgrantee and only in accordance with the terms and conditions of this grant award. v[ 21. Third Party Contracts. A. If the Subgrantee procures goods, services, or materials to perform any portion of this grant award, the Subgrantee shall enter into a written contract for such procurement (hereafter designated as a °'third party contract"). Any contract entered into by the Subgrantee in connection with performance of this grant award shall provide that the Subgrantee will retain ultimate control and responsibility for the grant project and that the contractor shall be bound by these grant conditions and all other requirements applicable to the Subgrantee in the conduct of the project. B. All third party contracts in an amount in excess of 5100,000 will not be considered an allowable cost item unless prior written approval is obtained from CCCJ for each of the following: 1) The request for proposal or other similar document constituting an invitation to bed, the bid conference and the bidder's oral presentation; or 2) Negotiated bids or waiver of competitive bidding; and 3) The written proposal submitted by the successful bidder; and 4) The contract executed between the Subgrantee and the contractor. C. CCCJ will select, in a manner it shall determine, approximately 10% of the total number of all third party contracts in an.amount in excess of $10,000 but less than $;00,000, and the contracts so selected shall be subject to prior written approval of CCCJ as required in subparagraph B. of this paragraph for third-party contracts in an amount over $100,000. A Subgrantee whose contract is selected as one of this group of contracts will be promptly notified in writing by CCCJ. D. All third party contracts to be executed by Subgrantees who are private agencies and which require payment in excess of $10,000, must first obtain written approvaB from CCCJ of the proposal or other bid submitted by the successful bidder and of the contract executed between the Subgrantee and the contractor. E. Approval in advance by CCCJ of any third party contract is not intended to be, and will not constitute, a waiver of any other provision or right of CCCJ provided in this grant award. 22. Termination of Funds. A. This grant may be terminated, or funds recovered, or fund payments discontinued by CCCJ or LEAA where either finds a substantial failure to comply with the terms and conditions of this grant award, or of the Safe Streets Act and the regulations promulgated thereunder. Any sr~rh termination shall become effective after written notice to the Subgrantee and shall be subject to the applicable review procedures pursuant to Sections 303(71, 509, 510, or 511 of the Safe Streets Act. - 5 - Rev. 8/15/73 B. If for any reason, the Federal government terminates its grant to CCCJ or fails to pay the full amount of the grant award it has made to CCCJ, this grant award may be terminated or reduced in the discretion of CCCJ, provided, however, that no such reduction or termination shall apply to allowable costs already incurred by the Subgrantee to the extent that Federal grant funds are available to CCCJ for payment of such costs. No liability shall, in any event, be incurred by CCCJ or by the State of California under this grant award beyond monies available for the purposes thereof. C. If, as a result of the conduct of the project pursuant to this grant award, CCCJ has made a final audit recovery demand for the return to it from the Subgrantee of any funds awarded by this grant, CCCJ may, in its sole discretion, refuse to execute subsequent grant awards to the Subgrantee, or terminate or discontinue fund payments under this or any other grant award from CCCJ to the Subgrantee until the demand is satisfied. 23. Conflict of Interest. No official or employee of a state or unit of local government or of non-government subgrantees shall participate personally through decision, approval, disapproval, recommendation, the rendering Of advice, investigation, or otherwise in any proceeding, application, request for ruling or other determination, contract, grant, claim, controversy, or other particular matter in which LEAA funds are used, where to his knowledge he or his immediate family, partners, organization other than a public agency in which he is serving as an officer, director, trustee, partner, or employee or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest. Officials or employees of state or local units of government and non-government subgrantees shall avoid any action which might result in, or create the appearance~f: 1) using his official position for private gain; 2) giving preferential treatment to any person; 3) losing complete independence or impartiality; 4- making an official decision outside official channels; or 5) affecting adversely the confidence of the public in the integrity of the government or of the program. 24, Criminal Penalties. The Safe Streets Act provides, in part, as follows: "Whoever emhezzles, willfully misapplies, steals or obtains by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Administration, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. Whoever knowingly and willfully falsifies, conceals or covers up by trick, scheme or device, any material fact in any application for assistance submitted pursuant to this title or in any records required to be maintained pursuant to this title shall be subject to prosecution under the provisions of Section 1001, of Title 18, United States Code. Any law enforcement program or project underwritten, in whole or in part, by any grant, or contract or other form of assistance pursuant to this title, whether received directly or indirz;,tly fro... ih~ Administration, shalt be subject to the provisions of Section 371 of Title 18, United States Code." 25. Public Availability of Information. The Subgrantee and its contractors shall comply with the requirements of Sections 6250-6260 of the Government Code of the State of California and LEAA Guideline Manual M4100.1A relating to the availability to the public of identifiable records or other documents that are pertinent to the receipt or expenditure of grant funds and the availability of records of the votes of planning councils, including dissenting member's votes. The Subgrantee shall comply with the public accessibility to meetings requirement of LEAA Guideline Manual M4100.1A. The Subgrantee will include in any contract involving grant funds a Condition requiring the contractor to comply with the requirements of this paragraph. 26. Communications Equipment or Systems. If the grant project involves communications equipment or system and there is a need for use of additional radio frequencies beyond those currently available to the Subgrantee, the Subgrantee assures CCCJ that such radio frequency support is feasible and the Subgrantee understands that the grant for acquisition of such equipment is conditioned on the Subgrantee actually securing or showing the availability of the needed frequency support. 27. College and University Special Condition. No part of the funds appropriated under this grant award shall be used to provide a loan, a grant, the salary of, or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance of others in the use of) force or the threat of force of the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials or students in such institution from engaging in their duties or pursuing their studies at such institution, 28. Technician and Equipment Pools. If this grant award deals with any equiprnent or technicians similar in nature and function to those available in any pools of such equipment or technicians existing in the Department of Justice of the State of California, the Subgrantee agrees whenever possible to fully utilize any such pools. - 6 -- Rev. 8/15/73 ~~95~ Any expenditure of funds by the Subgrantee which exceeds the tots! cost estimate for any major budget category in this grant award by 15% or more of said total cost estimate, or by anyamount of 55,000, whichever is less, will be permitted only after written approval of CCC•1. 11. Project Income. All interest earned on grant funds must be accounted for and paid to CCCJ unless the Subgrantee is the State of California or an agency thereof. All Subgrantees must account for all other project income derived at any time, in whole or in part, from the use of grant funds or from the conduct of the grant project, including but not limited to sale of publications, royalties, registration fees, or service charges. A. Such other project income received by the Subgrantee prior to the termination of the grant period of this grant award, including any extensions thereof, shall: 1) be added to funds committed to the project by CCCJ and the Subgrantee and be used to further eligible program objectives; or 2) be deducted from the total project costs for the purpose of determining the net costs on which the federal share of costs will be based. B. Such other income received by the Subgrantee after the end of the grant period of this grant award, including any extensions thereof, shall: rs 1) be used to further eligible project objectives if possible, even though federal funding for the project has terminated, or 2J to the extent such other income is not used to further eligible project objectives, and the federal share thereof exceeds 5200, be applied in such manner as may be agreed upon by the State of California and the Subgrantee, and in such event an appropriate representative of the State of California and of the Subgrantee shall meet and confer for the purpose of reaching such an agreement. In the absence of any other specific agreement between the State of California and the Subgrantee, any such amounts of project income shall be paid to the State of California. The federal share of all project income shall be computed on the same ratio as the federal share of the total project cost during tiiE grant period of this grant award. 12. Income from Other Sources. All income from other sources received during the grant period, such as contributions, donations or funds from other grant programs, must be accounted for and reported to CCCJ. No other federal funds will be received or used for the portions of the project funded by CCCJ and the Subgrantee must so certify. 13. Maintenance and Retention of Records. A. Records shall be maintained in an orderly manner and shall be available for audit purposes to CCCJ, LEAA, or the Comptroller General of the United States or their authorized representatives. Subgrantees shall protect records adequately against fire or other damage. B. The Subgrantee shall retain such records as CCCJ shall reasonably require, in accordance with the CCCJ Fisca/ Affairs Manua/ and such regulations as may be issued from time to time by CCCJ. Records must be retained for a period of at least three years. Tl~e retention period starts from the date of the submission of the final expenditure report. This three-year retention period is qualified as follows: 1) records for nonexpendable property acquired with grant funds shall be retained for three years after its final disposition; 2) when records are transferred to CCCJ, the three-year retention requirement is not applicable to the Subgrantee; 3) records must be retained beyond the three-year period if an audit is in progress or the findings of a completed audit have not been resolved satisfactorily; if an audit is completed and the findings are resolved prior to the three-year period, records will be retained until the end of the three-year period. If the three-year period has passed and no audit has been initiated, the records will be retained in accordance with local law. If local law requires a longer period of record retention, access to the records will be allowed as set forth in subparagraph 13.A, above; 4) CCCJ or LEAA may request transfer of certain Subgrantee records to CCCJ or LEAA custody from the Subgrantee when it is determined that the records possess long-term retention value. - 3 - Rev. 8/15/73 14. Inspection and Audit. The CCCJ, the LEAA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for purpose of audit and examination to any books, documents, papers and records of the Subgrantee, and to the relevant books and records of the Subgrantee's contractors, as provided in Section 521 of the Safe Streets Act. A provision to this effect wil0 be included in all agreements or other arrangements for implementation of this project. 15. Title to Property. Title to property acquired in whole or in part with grant funds shall vest in the Subgrante?, subject to divestment at the option of CCCJ. Said option shall be exercised within 120 days after the end of the grant period or termination of the grant by giving written notice to the Subgrantee and in accordance with the provisions of the CCCJ Fiscal Affairs Manua/ and other regulations of CCCJ. Sen§~grantees shall exercise due care in the use, maintenance, protection and preservation of all such property during FCte period of project use. 16. Copyrighu and Rights in Data. Where activities supported by this grant produce original computer programs, writing, sound recordings, pictorial reproductions, drawings or other graphics! representations and works of any similar nature (the term computer programs includes executable computer programs and supporting data in any forml, the CCCJ and the LEAA shall have the right to use, duplicate and disclose, in whole or in part, in any manner for any purpose whatsoever, and to authorize others to do so. If the material is subject to copyright, the Subgrantee may copyright such, but the CCCJ and the LEAA shall have aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. The Subgrantee shalt include this condition in all contracts of employment, consultant's agreements, and contracts, which will be paid for in whole or in part out of grant funds made available by this grant award. 17. Publications. CCCJ and LEAA shall have the right to require the Subgrantee or its contractors not to publish, and the Subgrantee or its contractors thereupon shall refrain from publishing ©riginal books, manuals, films or other copyrightable material produced by activities supported by this grant award, whether copyrighted or not, that may be designated by either the CCCJ or the LEAA. Such right shall be exercised by addressing written notice to that effect to the project director and the Subgrantee, and to the contractor in the case of a publication notice from the contractor. Before publishing any materials produced by activities supported by this grant award, the Subgrantee or its contractor shall notify LEAA and CCCJ SO days in advance of any such publication. If CCCJ and LEAA fail to exercise the right to prohibit publication as set forth above within 60 days of the receipt of the notice of intent to publish, the Subgrantee or the contractor may publish said material. The Subgrantee or its contractor shall furnish to CCCJ 20 copies of the materials so published. Any publication by the Subgrantee or its contractor shall include on the title page the fotlov~ing standard disclaimer: "The preparation of these materials was financially aided through a federal grrant from the Law Enforcement Assistance Administration and the California Council on Criminal Justice under the Omnibus Crime Control and Safe Streets Act of 1968, as amended. The opinions, findings, and conclusions in this publication are those of the author and are not necessarily those of CCCJ or LEAA. CCCJ reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use these materials, and to authorise others to do so." 18. Patents. If any discovery or invention arises or is developed in the course of mr as a result of work performed under this grant, the Subgrantee shall refer the discovery or invention to CCCJ. The Subgrantee hereby agrees that determinations of rights to inventions made under this grant shall be made by LEAA, or its duly authorized representative, who, shall have the sole and exclusive powers to determine whether or not and where a patent application should be filed and to determine the disposition of all rights in such inventions, including title to and license rights under any patent application or patent which may issue thereon. The determination of the LEAA, or its duly authorized representative, shall be accepted as final. In addition, the Subgrantee agrees and otherwise recognizes that the CCCJ and the LEAA shall acquire at least an irrevocable, non-exclusive, and royalty-free license to practice and have practiced throughout the world for governmental purposes any invention made in the course of or under this grant. The Subgrantee shall include this condition do all contracts of employment, consultant's agreements, and contracts, which will be paid for in whole or 6n part out of grant funds made available by this grant award. The Subgrantee in his final report shall identify any such discovery or invention or shall certify that there are no such inventions or discoveries. 19. Assurance of Compliance with Civil Rights Laws. A. The Subgrantee hereby assures that it will comply and will insure compliance by its contractors with Title VI of the Civit Rights Act of 1964 and all requirements imposed by ar pursuant to regulations of the Department of Justice (28 CFR 42) and the LEAA thereunder issued pursuant to that title to the end that no person shall, on the grounds of race, creed, color, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this grant award or under any project, program, or activity supported by this grant. ire Subgrantee further will comply with and insure compliance by its contractors with Justice Department Equal Employment Regulation in federally-assisted programs (28 CFR Part 42, Subpart D) to the end that employment discrimination in such y _ - 4 _ Rev. 8/15/73 ~~/ ~ ATTACfiMENT B ~~ l~ ~.~LIf~~R~l ~~~` ~~. ~~i~11~~~. JUG ~ I~ ~. errant ..,~.w~r~. ~~~~.~~.~ 1. General A. Subgrantee agrees that the funds awarded pursuant to this gr;3t zward will be usr:d in accordance with all the terms and conditions set forth in or incorporated by refur2nce in: (1) this grant award ;which includes the title page, the application for the grant Lvhich is attached hereto as Attachment ,A anti made a part hereof, and these Standard Grant Award Conditions w;?ich <re attached hereto as ~\ttachment B and made a part hereof); 121 the CCCJ Fiscal Affairs lt4anual, as ~rnended from time to time, whirh is hereby incorporated in these.Grant Conditions; and (31 th!e Safe Streets Act. i B. Subgrantee agrees that funds awarded pursuant tc this grant a•.vard v~ill :;e used to supplement anc! not to supplant funds otherwise made available for law enforceme,rt purposes, and to *.r,e extent possible, will be used to increase such funds. C. Subgrantee agrees to make available and to expend from non-federal sources adequate resources to meet the matching requirements specified in the Safe Streets Act in accordance 4vith the applicable regulations and requirements of the Law Enforcement Assistance Administration, hareir~after designated "I_EGA". D. Subgrantee understands that the award of this grant in no way assures or implies continuation of funding beyond tine grant period indicated in this grant award. 2. Delay in Initiating Project. If the project has not been initiated and operated in accordance with this grant award within 60 days after the commencement date of this grant award, the Subgrantee shall submit a written report, no later than 10 days after the expiration of said 6G-day period, to CCCJ indicating the steps taken to initiate the project, the reasons for the delay and the expected starting date. If the project is not fully operating in accordance with the terms of this grant award within 90 days after the commencement date of the grant period, the Subgrantee shall submit a further written report, within 10 days after the expiration of said 90-day period, to CCCJ describing the delay in project implementation, at which time CCCJ may cancel the project and redistribute the grant award funds to other project areas. The CCCJ, where warranted by extenuating circumstances, ;nay request approval from the LEAH Regional Office to extend the implementation date of the project past the 90-day period. If any such report is not filed with CCCJ by the Subgrantee when due, this grant award shall be terminated upon 10 days written notice to the project director. No extensions of these periods will be granted and no reports will be permitted to be filed after the period has expired. 3. Evaluation of Prior Year Funding. If the project to br. conducted under this grant. award or any portion thereof has been conducted with funds granted by CCCJ or L.EAA during any period prior to the date of this grant award, a formal evaluation of the project or the applicable portion thereof for any such prior period must be prepared and filed with CCCJ no later than 90 days after the date of this grant award. This evaluation must be written, complete, accurate and must be satisfactory to CCCJ in its sole discretion. If no written evaluation for said prior period is filed with CCCJ within 90 days after the date of this grant award, this grant award shall be terminated upon 10 days written notice to the project director..Jo extensions of said 90-day period will be granted and no evaluations will be permitted to be filed after said period has expired. If a written evaluation for said prior period is filed vdith CCCJ no later than rJ0 days after the date of this gran*, award, the evaluation will be reviewed by CCCJ, CCCJ shall determine in its sole discretion whether or nut the evaluation is satisfactory. This determination shall be made no later than 180 days after the ~ ;te of this grant award. If CCCJ determines that this evaluation is not satisfactory, this grant award shall be. terminated upon 1G days written notir•.e to the project director. Rev. 8/15/73 4. Operation Reports. This grant award is made upon the express condition, in addition to all other terms and conditions contained herein, that the Subgrantee will submit promptly when due to CCCJ the following reports: (a) A quarterly report of the operation of the project for each three months of the project, including any extension of this award, beginning with the first month designated in ttie "Grant Period". Each such quarterly report will be filed on or before the tenth day after the end of each three-month period. If the period covered by the final quarterly report is less than three months, the final quarterly report will be filed by the Subgrantee on or before the tenth day after the end of said final period. (b) A final report on or before the 90th day after the completion of the project, including any extension of this grant award, covering the entire period of the project. (cl Such additional reports in such form and containing such information as either CCCJ or LEAA may reasonably require. Each quarterly report and the final report will describe activities and accomplishments during the period covered by the report. Special attention will be given to project phases or stages which have been completed (e.g., initial planning state, completion of preliminary survey effort, purchases of required equipment, staging of pilot training programs, etc.l. Any special reports, evaluation studies, publications or articles prepared as a result of the operation of the project during the quarter will be attached, and major administrative developments will be covered (changes in personnel, project design, etc.). Problem areas and critical observations, as well as project success, will be mentioned and frankly discussed in all of the reports. It is expressly understood and agreed that any funds otherwise due or payable to the Subgrantee under this grant award will not be due or payable and this grant award may be terminated if any of the reports which the Subgrantee is required to submit to CCCJ under the terms and conditions of this grant award are not submitted to CCCJ promptly when due, provided that any payment by CCCJ to the Subgrantee after the Subgrantee has failed to file with CCCJ any such required report when due shall not be considered as grounds for any waiver or estoppel against CCCJ. 5. Obligation of Grant Funds. Grant funds may not, without prior written approval by CCCJ, be obligated prior to the effective date or subsequent to the termination date of the grant period. Obligations outstanding as of the termination date shall be liquidated within 90 days. 6. Written Approval of Changes. Subgrantees must obtain prior written approval from CCCJ for major project changes. These include: (al Changes of substance in the project activities, designs or research plans set forth in this grant award; (b) Changes of key professional personnel identified in this grant award; (c) Changes in the approved project budget as required by the CCCJ Fisca! Affairs Manual. 7. Fiscal Regulations. The fiscal administration of grants is subject to all rules, regulations and policies concerning accounting and records, payment of funds, cost allowability, submission of financial reports, and the like, prescribed by CCCJ or LEAA, and as amended from time to time, including those set forth in the CCCJ Fisca/ Affairs Manual. 8. Performance Bond. All Subgrantees who are not units of city, county, or state governments are required to bond within 30 days after final execution of this grant award all individuals who will receive or disburse grant funds. The amount of the bond will be at least 50% of the total grant award_ 9. Utilization and Payment of Funds. Subgrantee agrees to establish fiscal control and fund accounting procedures which assure proper disbursement of, and accounting for, the grant tuNnds and the required non-federal expenditures; such disbursement and accounting procedures shall meet Rhe requirements of the State of California to the federal government as specified in the Safe Streets Act arrrd the CCCJ Fisca/ Affairs Manua/. Funds awarded are to be expended only for purposes and activities covered Cur this grant award. Project funds will be made available by CCCJ on the basis of periodic requests and estimates of fund needs submitted by the Subgrantee. Grant funds which have been disallowed as a result of audit will be recovered through direct contact with the Subgrantee, right of off-set with the State• Controller's Office, or through other appropriate legal means. 10. Allowable Costs. The allowability of costs incurred under this grant shall bte determined in accordance with the general principles of allowability and standards for selected cost items set faRrth in tl~e Office of Management and Budget Circular No. A-87, or Office of Management and Budget Circrw'lar No. A-21 if Subgrantee is an educational institution, as interpreted and amplified in ti~ese Standard Granm Award Conditions and in the CCCJ fisca/ Affairs Manua/. Costs will be allowed only for goods anti services pmmvided and utilized no later than the end of the period for liquidating obligations as provided in paragraph 5 abonve, including any written extensions thereof by CCCJ. ~~~~ - 2 - Rev. 8/15/73