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HomeMy WebLinkAboutReso 1974-7333 RESOLUTION NO. 7333 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO CONTINUE FOR THE SECOND YEAR CRIME SPECIFIC BURGLARY GRANT GRANT NUMBER 1474 The City Counci I of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista desires to continue the project designated as Crime Specific Burglary Grant Proposal Grant Number 1474, second year, to be funded in part from funds made available through the Omnibus Crime Control and Safe Streets Act of 1968, PL 90-355, as amended, PL 91-644, (hereafter referred to as the Safe Streets Act) administered by the California Council on Criminal Justice (hereafter referred to as CCCJ). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the Mayor of the City of Chula Vista was authorized, on its behalf, to submit the attached Application for Grant for Law Enforcement Purposes to CCCJ and is authorized to execute on behalf of the City of Chula Vista the attached Grant Award Contract for law enforcement purposes including any extensions or amendments thereof. BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds required for said project (including any extension or amendment thereof) under the Safe Streets Act and the 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 hereunder shall not be used to supplant on-going law enforcement expenditures. Presented Approved as to form by ..~A/ /-)/\>U .I / , , U/)'/-Y'\./. - .!<~/'--'2.;'&c-~. - ;:?)/ /V,c..u :;1>' ., ?/ George 1r. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 18th day of June, 1974, by the following vote, to-wit: AYES: Council men Scott, Hobel, Hamil ton, Hyde Eqdahl Counc i 1 me n None NAYES: ABSENT: Counc i 1 men None ATTEST/~-eV?7""'~' ~~ (~~~ ~. City Cle k tf STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) ~.~~~~~. Mayo r 0 f t e City of C u a i s ta I, California, DO HEREBY CERTIFY copy of Resolution No. or repealed. DATED , City Clerk of the City of Chula Vista, that the above is a full, true and correct , and that the same has not been amended City Cl erk GEANT I\.WARD 'R E eEl V I: 0 SEP 1 7 1974 OFFICE OF CRIMINr1L ,JUSTICE PLI-'>l:1NING CRIMINAL JUSTICE PLANNING 'l':w i-~II i('!~ "f r:rltrlindl c1;1r-ltlcn P.1.anning, hereinaft.er designated ItOCJP", hereby makes a '11'"'' C1w,n'] ,,1' funu" to_~j:Y-Qf Chula Vista Iien~ i.llafter d(~idqnated tbn "Subqranteell under the pl'ovisions of 'Title I, part C (",,,,ell,,,, Crim" C0n trol and Safe St:roets Act of 196B (PL 90-351) as amended (PL 91-644), her(~inaftcr d(~signatcd IlSafe Streets Act", in th2 amount and for the purpose and duration set fQrth in this grant award. Project Title Contract No. Crime-Specific Burg1 ary A-1474-2-74 Project No. 1474-2 - Grant Period 10/1/74 - 9/30/75 Project Director (Name, Address I Telephone) Federal Amount Sergeant Allie B. Medlock $26,800 Chu1a Vista Police Department State Buy in 276 Fourth Avenue 1,489 Chu1a Vista, California 9201 0 Local Hard Match 1,489 Financial Officer (Name, Address, Telephone) Other_a~tch Dennis M. Hackett, Fi nance Offi cer City of Chu1a Vista Total Project Cost 276 Fourth Avenue $29,778 Chu1a Vista, California 92010 This grant award consists of this title page, the application for the grant which is attache~ hereto as Attachment A and made a r~rt hereof, and the Standard Grant Award Conditions which are attached hereto as Attachment B ..:1d made a part hereof. The Slwgrantee hereby signifies its acceptance of this grant award an~_~grees to administer the grant project in accordance with the terms and conditions set forth in or incorporated by reference in this grant award and the applica~le pr~sion~,of the)S~e Streets Act. --,- B :''ti~ '\ ~1{;0i,( DATE ~-;?-tJ -7</ Cc] 0 ficial Authorized to sign;for Subgrantee v Name: Title: Mayor Address:276 Fourth Avenue Chula Vista, California 92010 ~~-~~ '- " ':. ~ ~ j,- " " , , 'j "'-....,.,:.....J 4 197. t'lne ': r SPlCCTAL DEPOSIT in State ~dministrative Manual exempt from review by the ~~~n~ll conditions for exemptio Sectior: complied with and thi Department of Finance. AUG 7 1974 DATE f(<--M~ / '-. ") rOND LEl...A ( ITEH 1/ ....r , G:SK?RAL FUND c - ? 3 ~ /J:? 13/7Y ,/;./ /-j j;' )' io'isGr11 Officer Y<.4-",~<-_ ~ .--)Z-C'~L1;/, r:- .7 Fiscal Year t? 133 :~'::_ 650 ....-.........,........~,'~--.- MAK PROJECT NO. 1474-2 PROJECT SUMMARY: This grant makes reference to contract A-1213-73 OCJP staff have reV1"ewed contract.. . . .. ... .. /11474-7-711. the statement on page 12 in this grant is (OCJPf,l 1474-1) and cet'tify accurate.,.. .-' {~~lt!'tU..5iM>1mq.7 }, The project establishes, a burglary task force within the department tostlpplement pre.sentinvestigation and youth units in providing specific'burglary prevention and. apprehension program. The task force will operate on a paid overtime basis for. . s~lorn personnel, which permits the infusion of a significant'number of officers at" critical times for the surveillance of known suspects and/or the saturation patrol of high incidence areas. Under the leadership of a sergeant, theprogr.am will concentrate on the provision of a high level of services to the general community andprivate' ' business with the specific service to "high:incidence areas" in making property more secure from burgl ary. . . .. --~. The project will research and establish a profile of known suspects to assistnot.only the task force but the beat officer in surveillance and apprehension. The project research will establish a stolen property file by article (not specialized ,', by number), aiding in the recovery of stolen property by task force, narcotics-and patrol officers :i.n contact with known suspects and fences. .... '. ..... ... . The project wi 11 supplement and expand the present oome security program in a door-to- door campaign of home inspection and public awareness of the burglary problem, also extending the marking of personal property to the neighborhood level in the high Incidence areas. ~ Attachment A -., i -I':--~. {~(.'\ {._j,_/----j 20. BUDGET SUl"'J1ARY FOR GRNIT PROJECT If. tt is anticipated that funds will be requested for second and/or third year activities fill' thlS application is for second year fundin9, then fill in the "Total First Year" "11th th~'a~~r"'~ t~c~~ \=':~\. If period, and the anticipated amounts for third year funding. ' .,~.'> 'J'~~ J~': ;-t~ !:r t~:t 1. Bt:dget slhoduld be based ?n a grant year (12 month or shorter Deriod if the project is l"s$ ln3n 12 r~nth') 'h'r nan ca en ar year or flscal year. . - J . ra. ,e 2. Including State Buy-In funds. [ 1- T;~::;IRST . '. ~_._-~-"" . 1 YEAR 1 TOTAL SECOND YEAR 1 TOTAL TlIlrD y~>.~l I . ~-- ---- I Budget \ I Grant i~a tch i n92 Grant 1.1atching2. Grant 'a tch i nq2 Ca!;.i!ory Total . Funds Funds To~al. . Fund.s Funds Total Funlh Funds - Personal 44,586 33,333 Services 11,253 29,778 26,800 2,978 16,267 14;640 1,627 Travel Consultant Servi ces . . - Equ i pment <: . Supplies & I I)perat i n9 Expenses ~ ~. ~r0 ~~~ 0; ;;: ./ /~~~A~;, . ./{'; ; ~/ 9h.r "' '/ ~otal 44,5860; .0' 29 778 ,~ ~::;:{;. y~ 16,267 "'/ :rf~;;7"~o/7;/~Y;~ .-/; PCOJ'" c", ~J:' 11 'v~A~,~~&~.dbI. -- .~ .~-_._..~.__.,_.~/ ~ ~ 0 ?0'-" . 'Jt( Y'/'r~~r ~"/ .' . <":~/ ~ / ~. "/ ~Yj';'0 :J~' . /' ~J -:.~ ..' ~ .~/ / ..c/.y. /. Y /zy. % Grant Funds ~"'~ '. J~ /~ '~/~'/1/' ~. ~/ /;/~ . _'~'"::'~'-~\~~:33_ .~I_:6:,~J~;;:t!!~Bt. ~,6~~ ...~~ . I . '" I . ;..;. 8; I ~.,;;; ~0i;::fw/;~;il !<f;~::<.'??S:~'.i~~;f~;~:}}:;i ~'~c;/>:;;~,,::~;~~f;~.?~0i%~ \~ h .";- Lei /:.;~",,--:/-.;,.~::~,~/ ;??/::..~ ~~ I~;~;' :Y;~~:;//"')':~;:////~'l;..i . t~,;.:?://.'.':~>_"/'~',,;.~;X;!;FY~:;;:;?'~ L~o;~~~,~~~~~_.f#qfif%i:W~~1._~~~_2~3.._...1Jf:0;i8~;;~~!~{~~L.~~:~~__..,~~:;;;%Nf;f;t~~i~ ,.627_J ~.-' ,...,,,.~.......~.__._~------- CA~RtHA COUNCIL ON CRHIlNAL JUS~E .. DETAILED PROJECT BUDGET ... '. , FEDERAL HARD HATCH BUDGET CATEGORY . TOTAL FUNDS STATE I LOCAL OTHER BUY - I 1'1 HARD I-lATCH 21. Personal Services . A. Salaries LICE INTERNS , 2 Int;erns @ $2.65 per hr. . 2080 hrs. .annua11y ,= 5,512 2,534 1,489 1,489 -0- ENT/PATROUIEN (E) @ 10.00 average overtime - hours x 2426.6 hours = 24,266 .. 24,266 -0- -0- -O~ . - . B. Benefits , . TOTAL 29,778 26,800 1,489 1,489 -0- ---- . -6- ...--------) { --:Ie r' () ,-"\....:->.-J . . BUDGET CATEGORY TOTAL FEDERAL . FUIWS HAf:n WITCH STATE I LOCAL BUY - I N HARD r'IA TCH 0: 22. Travel ";r .,' . NONE . ,. . TOTAL 23. Consultant Services - .- ., .. --- ------ NONE -. -- - . - . . -- 'TOTAL 24. Equipment : SEE IDOOEI' NARRATIVE ; , . . . I TOT!\L . -7- ! .h)", f' , /J'--")~j., ;-It.liuLl:U t'i,Uut.CI dUULlt.1 \L.VI\ j J . . FEDERAL H/\RD W\TCH BUDGET CATEGORY TOTAL FUNDS STATE I LOCAL OTHER BUY-IN HARD HATCH " 25. Supplies and Operating Expenses " " , " " SEE OODGEl' NARRATIVE I' , , ,', " .. " '.. . " .. , 1 , .. '" . .' . . - . . . " . , , '-.., ! , . TOTAL 26. TOTAL Pf:OJECT COST 2q ,17~ 210 ,100 ).j.~~ /.J.gq -e- 27. Percent of To ta 1 Project Cost lOOX CJ 0 '70 sC;u 50/0 -8- . .~'\ ; i.? r~, 12) f, '~/_, . , . . . 28. Budget Narrative: Begin beloH and add as many conti~uation pages (numbered If:A. 0-13. etc.) as may be necessary to relate the items budgeted to project activities and complete the required Justification and explana- tion of the project. budget. Explain the sources the grantee \1ill utilize for its matc~!og contribution. Enumerate those proposed expenditure items that require prior approval. as specified in Bureau of the Budget Circular A-8l, and in CCCJ Fiscal Affairs Manual, so prior approval may be considered at the time appl~cation is made. PERSONAL SERVICE: Under the first year of the grant the police interns were paid $2.52 an hour. A 5% cost of living factor has been figured into the second year of the grant, allowing $2.65 an hour for two interns, on a 20-hour per \,eek average per intern. This figures at a total cost of $5,512.00. The City of Chula Vista has budgeted $1,489 hard cash.. into this fund, in order to assist in the payment of the police interns assigned to this grant, 5% of the State buy-in, leaving a remainder of $2,534 of federal grant money to be used. This leaves a balance 'of $24,266 to be used in paid overtime for agents and patrolmen in the saturation patrol and surveillance of known criminals. The City of Chula Vista will provide supervlslon of the project in the form of the Chief of Police, Investigative Captain, Patrol Captain, Patrol Sergenats, Investigative Sergeants, and all support facilities, such as binoculars, portable radios, .cameras, other technical surveillance equipment, vehicles (motor vehicles, motorcycles and bicycles, pickup trucks with campers), all office space and equip- ment in the form of desks, telephones, stationery, teletype, telecopier, Xerox, automated file system, computers, etc. The foregoing services and equipment will be provided for the grant at no cost to the grant. As an example, in two of the major categories; Supervision, approximately $12,000.00, and vehicles (mileage only) $4,500.00, for a total of $16,500.00,' as experienced in the first year. -9- ) i".~, ~!fl/\(~ J I L/..//' l~-rJ.rhic l<cprcscntC\ti on or: '-051".5 - ISY r';orn:n . PROJECT r,~ONTH . / / ./ /' / / / / V V / / / / ,/ / .~ , / 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 100% 90% 80~.: 70'[. 60~ 50~ 40% 30% 20~ 1 O~: O~ .. 9ther Sources of Funding DATE FUNDS AGENCY REQUESTED REQUESTED STATUS OF REQUEST . NONE $ $ $ , $ $ $ --~) --ti~ ru')" 1\ i:j,_'~_j . . 32 t~,rouf)1 35. There will be no substantial change from the immediately previous grant period in the objectives, methodology and evaluation. PRillECT MONTH 1 2 3 lj 5 6 7 8 9 10 11 12 QUARTERLY REPORT X X X X FINAL REPORT X ~1AINTAIN SUSPECT FilE X X X X X X X X X X X X MAINI'AIN STOLEN X X X X X X X X X X X X PROPERlY FILE ~1AINTAIN PIN MAP X X X X X X X X X X X X PROFILE COM. BURG. X X X X X X X X X X X X INSPECTION CavI. BURG. X X X X X X X X X X X X SA'IURATION PATROL X X X X X X X X X X X X SURVEILLANCE SUSPECT X X X X X X X X X X X X EXPANSION OF OPERATION X X X X X X X X X X X X IDENTIFICA'l'ION - 12 - ~+) 17. /' r-?: , ,17_.) .~_.;j--."",",.,:.r;.. J.:....;,;;,,~~:_"'"""w.itl'. ~ .... GRANT APPLICATION STATEMENT The following sections of the previous year's grant award, #1471-1, Contract A1213-73, are incorporated into this second year application: The section on Problem Background, page 11 The section on Project objectives, page 12 The section on Approach/Methodology, page 12-13 The section on Evaluation, page 15 ~ ~ i -f(l 0 I) t( IX)::> ~,"'f'.~-""''','''_'''''_'~.uol.,~_....,-"..-- -~,. '~~""~-"';',.k,,,,",,".;;~J.~ ... "";,.,;~>".,.b \, ,:"",,'::':.~-<f"'"' ""'''''-'4.-. G . RESOLUTION 110. 7111 RESOLUTION OF TilE CITY COUNCIL OF TIlE CITY OF CIIULA VISTA TO CONTINUE FOR THE SECOND YEAR CRII-1E SPECIFIC DURGLARY GRANT GRMH Nut.lCEr~ 1474 Tho City Counci] of tho City of Chula Vista does horoby rosolve as follows: WilER E,\S, the City of Chula Vista desiros to continuo tho projoct designatetf as Crime Specific Burglary Grant Proposal Grant Number 1474, second year, to be funded in part frolll funds mJde' available through the Omnibus Crime Control and Safe Streets Act of 1968, PL 90-355, as amended, PL 91-644, (horeafter referred to as the Safe Streets Act) administered by . the California Council on Criminal Justice (hereafter referred to as CCCJ). . NOH, THEREFORE, GE IT RESOLVED by the City Counei] of the City of Chu1a Vista that the ;.13)'01" of th~ City of Chula Vista \'ias authOl~izcd. on its behalf, to submit the attached Application for Grant for LCj\v Enforcement Purposes to CCCJ and is authol'ized to execute on behalf of the City of Chula Vista the attached Grant A""anl Contract for law enforcement purposes including any extensions or amendm~nts thereof. " BE IT FURTHER RESOLVED that the aup] icant 'grees to provide all matching funds requil'ed fOl~ Sdld pl"oject (lnclud 109 any extension or amendment thereof) under the Safe Streets Act and the 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 hereunde,' shall not be used to supplant on-gQing lai'! enforcement expenditures. ~resented by \\lli~\i' ~lll1am J'~\\'!IIILers . Chief of 0'] ice " ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 1 Ath day of .llln0 , 1974, by the following vote, to-I'lit: , Approved as to form by ~/\ /> ~' I bL:j/ :> A L/ "----; ::...-:-" .-J" ~/...~(_./~--v "'!.<7- 1-,;::::-.~C/' ~ ('i--- ~ '-"~ - ..;' ... .. ............ -7' . /:/ George D. Lindber9, City Attorney , AYES: Councilmen Sro-rt:. Hoh...l. HnTTl; 1 t-nn' Hy"ci~ ~ ~qn;;1nl NAYES: Councilmen.Jlw,p ABSENT: Councilmen Non~ 15/ 'T'HQ!i..\S n H~UI rn!\J 1P flayor of the City at Chula Vista A nEST ..LsL-J.c."l!:illLM.o-.J:!ll,AS Z City Clerk STATE OF CALIFORNIA COUNTY OF SAN OIEGO 55, CITY OF CIIULA VISTA I, ..ill:flNill-1.L--E'Jl.AS"-, City Cicrl: of the City of Chula Vista, California, no HiRU;Y CLi~TlFY Lllat the dbovc is a full. true and correct copy of r~esolution tin. --...1]13 , ,1nd thJt the same has not been amended or repealed. DATED Ju~;-18 t' 197" /). .'. f4 '0';" ~f ^ -T '" .&/"",..,-,~A-/ . X;..y' ..c.c..L:;( ". ., .. ~ .....<:....1-1_ lTYCTCI'K ....:~' "~'~1;r;~;:::,~l~'l";?~'i)""'I-~~~~'i";':::":" ~clJ'7 f' I' .' I, .jj_) 'V~:~.,t,~'~,V'r.q"':"""!"\r-'_,' .'."""'""'''1'\!.....-.-.'''!'~,'!:'...~'ft}',.. . '-";e '. . ,.'_,.,"""'.... ~'1;\. . ,-' -:i .' '''','~~c''''',~'''',,'~"..''''.~'Ol~_;Ji',~',.~w;'.',.l',.'.. 3. The following pl::o,,-isi-c>.-,s ;.:l..n~ i'V?'::8[;;j '1.dcl..::od to the Grant Award conditlonp: ::ecurity and priva.:1: A. 'l'he suhgrantce 2qr0C'J '::};~J:: c3xcept as provided by Federal law othor thi'\ll the Crirr:c Contcol Act of 1973 (42 U.S.C., sections 3701 et ~.i, none of its officers or emplqyees shall use or reveal any research nr statistical information furnished by any per~on and identlfiable to any specific private person for any purpose other -i::.har.the pu.t:po5e for which it was obtained. Copies of such infrarmation shp.ll be immune from legal process, and shall not, ';...:i thout the consent of the person furnishing such information, be admi t-r..ed as (\vidence or used for any purpose in any actio:;'), sui t, or ot:nE:T' judicial or administrative proceedings. B. criminal history informatdon" (1) The term "criminal history information" includes recocds and related data, compiLed by law enforcement agencies for purposes of id("n~:.i.fying criminal offenders and alleged offenders and ma,intaining as to such persons summaries of arrest, the nal::u,.:t:e It.nd disposition of criminal charges, sentencing, confinement, rehabilitation and relnase. (2) If the subgrantee utilizes "criminal history information", the subgrantee sha~l co~ply with the- following: All c:d.minal history information collected, stored, or disseminated shall contain, to the maximum extent feasible disposition as well as arrest data where arrest data is included therein. ~he collection, storage, and dissem.ination of such information shall take place under procedures reasonably designed to insure that all such information is kept current therein; the Subgrantee and any contractor or sub-contractor shall assure that the security and privacy of all information is adequately provided for and that such information shall only be used fol.' la\l ecforcatnent and criminal justice and other lawful purpose-so In adQ,itiou, an individual who believc:(,l t.hat cJ:",1.:.n.i..>lal history information concerning him contained in an automated system is inaccurate, incomplete, or maintained in violation of the Crime control Act of 1973, shall upon satisfactory verification of his identity, be entJ.tled to review such information a.nd to cbta.:Ln a copy of it for the purpose of challenge ox- coz:recUon. c. Any person violatirJg' the Security and Privacy provisions contained heT~in. QJ.: of the Crime control Act of 1973 (42, U.S.C., Section 3771 (c), or of any rule, regulation, or order issued. thereunder, shall be fined not to exceed $10,000 in addition to any other penalty imposed by law. D. The subgrantee ass\'.res that;. the foregoing provisions of the Security a,nd Pr~vacy clausQ shall be incorporated, as appropriate, into all contracts 1 subqrants or sub--contracts. 1-21-74 -~ .1355 ([l CAUFORNIA COUNCIL ON CRIMINAL JUSTICE Standard Grant Award Conditions 1. Oeneral a. Subgrantee agrees that the funds awarded pursuant to this grant award will be used in accordance with all the terms and conditions set forth in or incorporated by reference in: (1) this grant award (which includes the title page, the application for the grant which is ettached hereto as Attachment A and made a pert hereof. and these Standard Grant Award Conditions which are attached hereto as Attachment B and made a part hereof); (2) the CCCJ Fiscal Affairs Manual, as amended from time to time, which is hereby incor- porated in these Grant Conditions; and (3) the Safe Streets Act. b. Subgrantee agrees that funds awarded pursuant to this grant award will be used to supplement and not to supplant funds otherwise made available for law enforcement purposes, and to the 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 metching requirements specifiad in the Sefe Streets Act in accordance with the applicable regulations and requirements of the Law Enforcement Auistance Administration, hereinafter called "LEAA". d. Subgrantee understands that the award of this grant in no way assures or implies continuation of funding beyond the project duration indicated in this grant award. 2. Delay in Initiating Project. If the project has not been initiated and operated in accordence with this grant award within sixty (60) days after the commencement date of this grant award, the Subgrantee shall submit a report, no later than ten (10) days after the expiration of seid sixty (60) day period, to CCCJ indicating the stops taken to initiate the project, tho 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 ninety (90) days after the commencement date of this grant oward, the Subgrantee shall submit a further report, within ten (10) days after the expiration of said ninety (90) day period, to CCCJ describing the delay in project implementltion, 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, may request approval from the LEAA Regional Office to extend the implementation date of the project pest the 90 day period. If no written report is filed with CCCJ as required above, the grant award shall be terminated upon ten (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. ATTACHMENT B ADDENDUM NO. :1 (Revision No.. 1) 1. Pursuant to the revision of Penal COde Sec.. 1380 et seq. on October 1, 1973, the Office of Criminal Justice Planninq (OCJP) was established. All references hereinabove to the CAlifornia Council on Criminal Justice (CCCJ) contained in Attachments to Grant Awards, i..e., . / Applications, Contractual. provisions, Resolutions, etc., shall be ; considered as references to OCJp as of Januar~ 1, 1974, 2. Paragraph 4 of the Standarcl Grant Award ConditiOl1s is her..by U1ended to read as follows: "4. Operation Reports. This grant award is made upon the express condition, in addition to all other terma and conditions oontain" h..rein, tha. the SlIbqrante.. will subutit proq>tly When due to OCJP the fOllowinq reports' \', (a) A quarterly report of the operation of th.. project .for each thre. months of th.. proj..ct, iDc:1udJ.nq ...y ext:elUlion of this award, beqinninq with th.. fint month desiqnatad in the "Grant period". Each such quarterly report will be filed on or before th.. tenth day after the ..nd of eaoh thre....lI'Onth period. If the periOd covered bY the final quarterly report is 1... than three months, the final quarterly report will be filed bY the Subqrantee on or befor.. the tenth day after th.. end of ..id finel p..riod. (b) Every quarterly report will discuss, in a separat.. seotion, the status of the proo..dures intitisted to assure compliance with the Security and Privacy olause of the crime control Act of 1973 (42 U.S.C., Section 3771) where applicable. (c) Each quarterly report will also set forth, in a separate section, the status of the equal ~t proql:Ul in terms of oompliance with the LEAA Gllidelines (28 ~, SeotiolUl 42,301 ~!!i') where applicable. (d) A final report On or before the 90th day after the completion of the projec.t, including any extension of this grant award, covering the entire period of the project. (e) Such additional reports in such form and containing such information as el.ther OCJP or LEAA may reasonably require~ Each quarterly report and the final report will describe aotivities and accomplishments durinq the period covered by the report. Special attention will be qiven to project phases or staqes whiolt have been coll9leted (e.g., initial planning state, completion of preliminary survey effort, purchases of required eqIIipment, staginq of pilat traininq proqrlllllS, ..to.). Any special reports, evaluation stud1a; publications or articles prepared as a ruul t of the operation of the pcoject durinq th.. quarter will be attaoh..d, and majol; administrative develOpments will be cov..red (chanqes in personnel, project design, eto.). Probl_ areas and critical observatione as well as project suoo...., will be mentioned and franl<ly disoussed in all of the reports. . It is expressly understood and aqread that anr funds otherwise 4\18 or payable to the subgrantee under this grant awud will not be due or payable and this grant award may be terminated if any of the reports Which the sllbqrantee is reqllired to submit to OCJP under th.. terms an4 conditions ot this grant award are not submitted to OCJP prOlllptly when due, provided that any paYJMllt by OCJP to the subgrant:8e after the Subgrantee has failed to file with OCJP any such required report when due shall not be considered as grounds for any waiver or es.toppel against (CJP ~ " 3. Evaluation of Prior Year Funding, If ttle project to be conducted under this grant award or any portion thereof has been conducted with funds granted by CCCJ or LEAA 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 ninety (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 ninety (90) days after the date of this grant award, this grant award shall be terminated upon ten i 10~' dcys written notice to the project director. No extensions of said ninety (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 with CCCJ no later than ninety (901 days after the date of this grant award, the evaluation will be r~viewed by CCCJ. CCCJ shall determine in its sole discretion whether or not the evaluation IS satisfactory. This determination shall be made no later than one hundred eighty (180) days after the date of this grant award, If CCCJ determines that this evaluation is not satisfactory, this grant award shall be terminated upon ten (10) days written notice to the project director. 4. 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 (3) months of the project, including any extension of this award, beginning with the first month designated as the "Duration of Project." Each such quarterly report will be filed on or betore the tenth (10th) day atter the end ot each three (3) month period. If the period covered by the final quarterly report is less than three (3) months, the final quarterly report will be filed by the Subgrantee on or before the tenth (10th) day atter the end of said final period. (b) A final report on or before the ninetieth (90th) day after the completion of the project, including any extension of this grant award, covering the entire period of the pmjecl. I.c) Such additional reports in such form and containing such information as either CCCJ or LEAA may reasonably rt!quire. 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 stage, completion of preliminary survey effort, purchases of required equipmer.t, staging of pilot training programs, etc.). 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 dis.cussed in ail of the reports, It is expressly understood and agreed that t)ny tunds 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 ninety (90) days. Such obligations must be related to goods or services provided and utilized within the grant period. 6. Written Approval of Changes. Subgrantees must obtain prior written approval from.CCCJ for major project changes. These include: (al Changes of substancf.' 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 Fiscal Affairs Manual. 7. Fiscal Regulltions. 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 Fiscal Affairs Manual. 8. Performance Bonet All SubgranteBs who are not units of city, county, or state governments are required to bond within thirty (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 fifty percent (50%) of the total grant award, -2- ~-. <.1535 9. Utilization and Payment of Funds. Subgrantee agrees to establish fiscal control and fund accounting procedures which allure proper disbursement of, and accounting for, the grant funds and the required non-federal .)(penditurel; such disbursement and accounting procedures shall meet the requirements of the State of California to tha fadaral govarnment a' ,pacifiad in the Safe Streat. Act and the CCCJ Fi.cal Affairs Manual. Funds awarded ara to be expanded only for purposes and activities covared by this grant eward. Project fund, will be made available by CCCJ on the basi, of periodic reque.t, and e.timates of fund neads submitted by the Subgrantee. Grant funds which have been disallowed a. a re.ult of audit will be racovered through direct contact with the Subgrantea, 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 any grant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in Bureau of Budget Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments" (May 9, 19681, as further defined and delimited in these Grant Conditions and in the CCCJ Fiscal Affairs Manual. Any expenditure of funds by the Subgrantee which exceeds the total cost estimate for any major budgat category in this grant award by fifteen percent (15%) or more of said total cost estimate, or by an amount of Five Thousand Dollars ($5,000), whichever is less will be permitted only after written approval of CCCJ. 11. Project Income. All interest on grant funds received by the Subgrantee must be accounted for and returned to CCCJ. At the end of the grant period, such interest shail be paid to CCCJ. All other income derived at any time from the use of grant funds or as a result of conduct of the grant project (including, but not limited to: Sale of publications, royalties, income derived from distribution of publications or materials, registration fees or service charges on fees) must be accounted for and shall be applied to project purposes. If the total amount of such other income which is not applied to project purposes exceeds Two Hundred Dollars ($2001 and if such other income has not been applied to project purposes for a period of one year after the termination of this project, the State of California shall meet and confer with the Subgrantee to discuss other agreements for the application of such other income. In the absence of other specific agreements between the State of California and the Subgrantee, such other income shall be returned to the State of California. 12. Income from Other Sources. All income from other sources, 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 of Records. All required records must be maintained for a period of three (3) years after termina- tion of the grant or until a federally-approved audit is completed. 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 will be included in all agreements or other arrangements for implementation. of this project. 16. Title to Property. Title to property acquired in whole or in part with grant funds shall vest in the Subgrantee, subject to divestment at the option of CCCJ. Said option shall be exercised within one hundred twenty (120) days after the end of the grant period or termination of the grant by giving written notice to the Subgrantee. Upon the exercise of such option, title to such property may be transferred to CCCJ or others in accordance with the provisions of Office of Management and 8udget Circular No. A-l02 (dated October 19, 1971), Attachment N and applicable provisions of the LEAA Financial Guide, the CCCJ Fiscal Affairs Manual, and other regulations of LEAA and CCCJ. Subgrantees shall exercise due care in the use, maintenance, protection and preservation of all such property during the period of project use. 16. Copyrights and Rights in Data. Where activities supported by this grant produce original computer programs, writing, sound recordings, pictorial reproductions, drawings or other graphical representation and works of any similar nature (the term computer programs includes executable computer programs and supporting data in any form), 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 Subgrantae may copyright such, but the CCCJ and the LEAA shall have a royalty-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 shall include thi. condition in all contracts of employment, consultant's agreements, and contracts, which will be peid for in whole or in part out of grant funds made available by this grant award. -3- 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 original books, manuals, films or other copyrightable materiel 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 sixty (60) days in advance of any such publication. If CCCJ and LEAA fail to exe,cise the right to prohibit publication as set forth above within sixty (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 twenty (201 copies of the materials so published. Any publication by the Subgrantee or its contractor shall include on the title page the following standard disclaimer: "The preparation of these materials was financially aided through a federal grant 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." 18. Patents. If any discovery or invention arises or is developed in the course of or as a result of work performed under this grant, the Subgrantee shall refer the discovery or invention to CCCJ. The Subgraritee hereby agrees that determinations of rights to inventions made under this grant shall be made by LEAA, 0' 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 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. 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 Civil Rights Act of 1964 and all requirements imposed by or pursuant to regulations of the Department of Justice (28 CF R 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. The 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 programs on the grounds of race, color~ creed, sex, or national origin shall be eliminated. As required by Section 518(b) of the Safe Streets Act, this grant 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 Opportunity," as supplemented. The Subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religlon, creed, national origin, sex, and age and which specifies gials and target dates to assure the implementation of equal employment. 20. Government Not Obligated to Third Pa'ties Othe' Than Subgrantees. The Subg,antee may procure from thi,d 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 Fiscal Affairs Manual 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. -4. ~'''.. ,) -1 '":'D~ t\ /)jJ 21. Third Party Contract. If any part of the project described in Attachment A is not performed directly by the Subgrantee, the Subgrantee shall enter into a written agreement in accordance with the applicable procurement standards for the administration thereof. Any contract or agreement 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. All such contracts and agreements requiring payment in excess of One Hundred Thousand Dollars ($100,0001 will not be considered an allowable cost item unle.. prior written approval is obtained from CCCJ for each of the following: (a) The request for proposal or other similar document constituting an invitation to bid, the bid conference snd the bidder's oral presentation; or, (b) Negotiated bids or waiver of competitive bidding; and (c) The written proposal submitted by the successful bidder; and (d) The contract executed between the Subgrantee and the contractor. All such contracts requiring payment in excess of Ten Thousand Dollars ($10,000) but less than One Hundred Thousand Dollars ($100,000) may be subject to the requirements set forth above. The CCCJ will select, in a manner it shall determine, ten percent (10%) of the total number of such contracts entered into by all CCCJ Subgrantees for review and approval as outlined above. A Subgrantee whose contract is selected as one of the ten percent (lOiX,) of such class of contracts will be promptly notified in writing by CCCJ prior to the preparation of any requests for proposals or other invitations to bid, or other negotiated bidding. All such contracts to be executed by Subgrantees who are private agencies and which require payment in excess of Ten Thousand Dollars ($10,000) must first obtain written approval from CCCJ of the proposal or other bid submitted by the successful bidder and of the contract executed between the Subgrantee and the contractor. Approval in advance by CCCJ of any such contract mentioned above is not intended to be, and will not be construed to be, 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 such termination shall become effec- tive after written notice to the Subgrantee and shall be subject to the applicable review procedures pUr!;uant to Sections 303(7), 509, 510, or 511 of the Safe Streets Act. 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. 23. Conflict of Interest. No public official or employee of the State or a unit of local government in which a CCCJ-funded program is situated who exercises any functions or responsibilities in connection with the review or approval of the program funding or performs any duties under the program may participate in an administrative decision with respect to the program if such a decision can be expected to result in any benefit or remuneration, such as a royalty, commission, contingent fee, brokerage fee, dividend or other benefits or income, to him or any member of his immediate family. 24. Criminal Penalties. The Safe Streets Act provides, in part, as follows: "Whoever embezzles, 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 indirectly from the Administration, shall 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 the LEAA Guide for Comprehensive Lew Enforcement Planning and Action Gr8llts relating to the availability to the public of identifiable racords or other documents that are pertinent to the receipt or expenditure of grant funds and the availability of records .5. of the votes of planning councils, including dissenting member's votes. The Subgrantee will include in any contract involving grant funds a condition requiring the contractor to comply with the requirements of this paragraph. 26. Contract Work Hour and Safaty Standard Act. If any portion of this grant award will involve employment of mechanics or laborers in exeass of Two Thousand Five Hundred Dollars ($2,500) (or in exeass of Two Thousand Dollars ($2,000) for construction projects), Subgrantee agrees: (1) That each mechanic and laborer will have his wages IlOmputed on the basis of e stenderd work dey of eight (8) hours end a standard work week of forty (40) hours. Work in excess of the standard work week or day is permissible, provided that the worker is compensated at the rate of not less than one and one.half (1%) times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the work week. (2) That no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary. hazardous or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor by regulation (29 C.F.R. 1518). Since this grant award is partially funded by federal funds, the Contract Work Hours and Safety Standard Act, 40 U.S.C. 327, et. al., is applicable, and will be complied with fully. 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. Wage-Price Guidelines. The Subgrantee and its contractors will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. This grant award constitutes a certification by the Subgrantee and the submittal of an invoice or voucher for property, goods, or services furnished by the Subgrantee's contractors, shall constitute a certification by the contractor that amounts to be paid do not exceed maximum alloweble levels authorized by the Cost of Living Council regulations or standards. Violations shall be reperted to CCCJ and the local Internal Revenue Service field office. 29. Conditions Applicable to Part E Grants. If any portion of the grant project is funded 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 of 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: (1) At least eighty (SO) hours recruit training, at entry into duty or during the first year of tenure, for both guards and correctional officers on the ona hand and probation and parole officers on the othar, and (2) At least twenty (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: 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 dai(s of receipt of award, the subgrantee shall submit to CCCJ its plan for insuring the security of information maintained in the system and assurances providing for consideration Of the rights of privacy. The Project Search Technical Report No.2 (Security and Privacy Considerations in Criminal History Information Systems) shall be used as a guide. .6. ~ Ji,)) ') ~} /:/)~ 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 tha benefits and potentials of its information systems facilities and provide needed interface with National Criminal Justice Information Systems. c. That all computer software produced under this grant will be made available to LEAA for transfer to authorized users in the criminal justice community without cost other than that directly associated with the transfer. Systams will be documented in sufficient detail to enabla 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 requiremenll 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 to Systam Description, Operating Instructions, User Instructions, Program Maintenance Instructions, input forms, file descriptions, report formats, program listings and flow charts for the system and programs. a. That whenavar possible, all application programs will be written in ANS COBOL in order that they may be transferred readil'y 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. Claan 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. U. of Airplane. and Helicopters. Airplanes and helicopters purchases 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. If this grant award deals with any equipment 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 so available. 33. Educational Support. The Subgrantee assures that no person shall, on the basis of sex, be excludad from participation in, be denied the benalits of, or be subjected to discrimination under any aducation program or activity funded in whole or in part in accordance with this grant award with the exception of the qualifications set forth in Title IX, Section 901(a) 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 this grant award agreement. When material not originally devaloped 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. .7. 35. 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: CCCJ: Robert H. Lawson. Executive Director California Council on Criminal Jultice 7171 Bowling Driva Sacramento. California 95823 Subgrantee: To the grantee 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 time said notice is to be given, in which event, said notice shall be sent in accordance with said written changes. Nothing herein contained shall preclude the giving of any notice by personal service. The address to which notice shall be mailed as sat 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 shali be binding on either CCCJ or the Subgrantee. .8. Jf..j''2.!',t2, l __/J,--" ~...:.. '11 ! 7~-=-~ j ~-=-- U ! ~"""..-., ,1L.......~- . Ii - . ~'LW 1l!Yb'2ZI'" Ct\UfORN~A COUNCil ON CR~M!Nj~\.l JUSnCE Standard Grant Award Conditions 1. General a. Subgrantee agrees th~t the funds awarded pursuant to this grant award will be used in accordance with all the terms and conditions set forth in or incorporated by reference in: (1) this grant award (which includes the title page, the application for the grant which is attached hereto as Attachment A and made a part hereof, and these Standard Grant Award Conditions which are attached hereto as Attachment B and made a part hereof); (2) the CCCJ Fiscal Affairs Manual. as amended from time to time, which is hereby incor. porated in these Grant Conditions; and (31 the Safe Streets Act. b. Subgrantee agrees that funds awarded pursuant to this grant award will be used to supplement and not to supplant funds otherwise made available for law enforcement purposes, and to the extent possible, will be used to increase such funds. c. Subgrantee agrees to make available and to expend from non.faderal sources adequate resources to meet the matching requirements specified in the Safe Streets Act in accordance with the applicable regulations and requirements of the Law Enforcement Assistance Administration, hereinafter called "LEAA". d. Subgrantee understands that the award of this grant in no way assures or implies continuation of funding beyond the project duration 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 sixty (601 days otter the commencement date of this grant award, the Subgrantee shall submit a report, no later than ten (10) days after the exp:ration of said sixty (601 day period, to CCCJ indicating the steps taken to initiate the project, the reasons for the delay and the expected starting date. It the project is not fully operating in accordanel> with the terms of this grant award within ninety 1901 days after the commencement date of this grant award, the Sllbgrantee shall submit a further report, within ten {lO) dnys after the expiration of said ninety (90) day period, to CCCJ describing the delay in project implementation, at which time CCCJ may cance'l t~c project and redistribute the grant award funds to other project areas. The CCCJ, where warranted by extenuating circumstances, m3Y request Clpproval from the LEAA Regional Office to extend the implememdtion date of the project past the 90 day period. If no written report is filed with CCCJ as required above, the grant award shall be terminated u~on ten (10) days written notice to the project director. No extensions of thes& periods will be granted and no reports will be permiltad to be filad after the period has expired. ATTACHMENT B ~ f;> , .-('ni~2.. .' 1./.:_., 3. Evaluation of Prior Vear Funding. If the project to be conducted under this grant award or any ~;ortion thereof has been conducted with funds granted by CCCJ or LEAA during nny period prior to the date of this grant aword, a for mal evaluation of th~~ project or the applicable pnrtlllll Uwrenf fOf any sudl pnor peTlod must be praparod IHld filtld with eee.! no ldhlr thilll Ilirwty (90) days ath!r the dall! of thi... IlliHII OlWi.Hd This evaluation must ho writton, complete, accurate and mllst he sa'_isfdclory to cee.! III It:; "ole dlSCICliorl. If no written evaluation for said prior period i50 tiled with CCCJ within ninety (90) days after Ilw dat~ of this grant award, this grant award shall be terminated upon ten (10) days written notice to the project director. No extensions of said ninety (90) day period will be granted and no evaluations will be permitted to be filed after said period has expired. If a written '1valuation for said prior period is filed witb CCC"..J no tater than ninety (901 days after the date of this grant award, the evaluation will be reviewed by CCCJ. eCCJ shall determine in its sole discretion whether or not the evaluation is satisfactory. This determination shall be made no later than one hundred eighty (180) days after the date of this grant award. If CCCJ determinel that this evaluation is not satisfactory, this grant award shall be terminated upon ten (10) days written notice to the project director. 4. 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 (3) months of the project, including any extension of this award, beginning with the first month designated as the "Duration of Project." Each such quarterly report will be filed on or before the tenth (10th) day after the end of each three (31 month period. If the period covered by the final quarterly report is less than three (3) months, the final quarterly report will be filed by the Subgrantee on or before the tenth (10th) day after the end of s<lid final period. (b) A final report on or before the ninetieth (90th) day after the completion of the project, including any extension of this grant award, covering the entire period of the project. (c) Such additional reports in such form and containing such information as either CCCJ or L EAA 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 stage, completion of preliminary survey effort, purchases of required equiprr:ent, staging of pilot training programs, etc.). An\' 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 de'Jelopments will be covered (changes in personnel, project design, etc,). Problem areas and critical observations, as \Nell as project success, will be mentioned and frankly di!)cussed 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 tf::rms and conditions of this grant award are not submitted to CCCJ promptly when due, provided that any p3yment 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 dote of the grant period. Obligations outstanding as of the termination date shall be liq"idated within ninety (901 days. Such obligations must be related to goods or services provided and utili7cd within the grant period. 6. Written Approval of Changes. Subgr:mtees must obtain prior written approval from CCCJ for major project changes. These include: (a) Changes of substance in the project activities, designs or research plans set forth in this grant award; (bl Changes of key professional personnel identified in this grant award; (c) Changes in the approved project budget as required by the CCCJ Fiscal Affairs Manual. 7. Fiscal Regulations. The fiscal administration of grants is subject to all rules, regulations and policies concerning accounting and recc:rds, payment of funds, cost allowabHity, submission of financial reports, and the like, prescribed by CCCJ or l.EAA, and as amended from time to time, including those set forth in the CCCJ Fiscal Affairs Manual. 8. Performance Bond. All Subgrantees who are not units of city, county, or state governments are required to bond within thirtY (3D! days after tinal execution ot this grant award all individuals who will receive or disburse grant funds. The amount of the bond will be at least fifty percent (50%) of the total grant award. , .2. ~I-i) -i/J f) I )~) Q. -. J._/ 9. Utilization and Payment of Funds. Subgrantec agrees to establish fisc~1 control znd fund accountjng procedures which assure proper disbursement of, and accounting for, the grant funds and the' required non-federal expenditures; such disbursement and accounting procedures :;hol! meet the requirements of the State of California to the federal government as specified in the Safe Streets Act and the CCCJ Fisc<ll Affairs Manual. Funds awarded are to be expended only for purposes and activities covered by 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. Allowablo Costs. The allowability of costs incurred under any grant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in Bureau of Budget Circular No. A.87, "Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments" (May 9, 19681, as further defined and delimited in these Grant Conditions and in the CCCJ Fiscal Affairs Manual. Any expenditure of funds by the Subgrantee which exceeds the total cost estimate for any major budget category in this Grant award by fifteen percent (15%) or more of said total cost estimate, or by an amount of Five Thousand Dollars l$5,000), whichever is less will be permitted only after written approval of CCCJ. 11. Project Income. All interest on grant funds received by the Subgrantee must be accounted for and returned to CCCJ. At the end of the grant period, such interest shall be paid to CCCJ. All other income derived at any time from the use of grant funds or as a result of conduct of the grant projp.ct (including, but not limited to: Sale of publications. royalties, income derived from dIstribution of publications or materiJls, registration fees or service charges on fees) must be accounted for and shall be applied to project purposes. If the total amount of such other income which is not applied to project purposes exceeds Two Hundred Dollars ($200) and if such other income has not been applied to project purposes for a period of one year after the termination of this project, the State of California shall meet alld confer with the Subgrantee to discuss other agreements for the application of such other income. I n the ahsence of other specific agreements between the State of California and the Subgrantee, such other income shall he returned to the State of California. 12. Income from Other Sources. All income from other sources, 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 of Records. All required records must be maintained for a period .of three (3) years after termina- tion of the grant or until a federally-approved audit is compl~ted. 14. Inspection and Audit. The CCCJ, the LEAA, the Comptroller General of the United States, or any of their duly authorized reprewntatives, 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 Subgrantce's contractors, as provided in Section 521 of the Safe Streets Act. A provision to this effect w;1I 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 qrant funds shall vest in the Subgrantee, subject to divestment at the option of CCCJ. Said option shall be exerdsed within one hundred twenty (120) days after the end of the grant period or termination of the grant by giving written notice to the Subgrantee. Upon the exercise of such option, title to such property may be transferred to CCCJ or others in accordance with the provisions of Office of Management and Budget Circular No. A.l02 (dated October 19, 1971), Attachment N and applicable provisions of the LEAA Financial Guide, the CCeJ FisCJI Affairs Manual, and other regulations of LEAA and CCCJ. Subgrantees shall exercise due care in the use, maintenance, protection and preservation of all such property during the period of project use. 16. Copyrights and Rights in Data. Where activities supported by this grant produce original computer programs, writing, sound recordings, pictorial reproductions, drawings or other graphical representation and works of any similar nature (the term computer programs includes executable computer programs and supporting data in any form), the CCCJ and the LEAA ,hall have the rignt 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 Subgrantoe may copyright such, but the CCCJ and the LEAA shall have a royalty.free, non.exclusive, and irrevocable license to reprodl!ce, publish, and us.e such materials, in whole or in part, and to authorize others to do so. The Sub2rantee shall include this condition in all contrdcts of c.mployment, 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. .J. .~ , :1 ':~,~ l) / , ' "\ , -" --' 17. Publications. CCCJ and LEAA sh31l have the right to require the Subgrantee or its cor-tractors not to publish, and ~he Subgrantee or its contractors thereupon shall rehain from publishing original books, manuals, films or other copyrightable material produced by activities supported by th.is grant award, whether copyrighted or not, that may be designated by eittler 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 publish~ng any materials produced by activities supported by this grant award, tho Subgranteo or its contractor shall notify LEAA 2nd CCCJ sixty (601 days in advance of any such publication. If CCCJ and LEAA fai: to exercise the right to prohibit plJbliCdtion as sei rorth above within sixty (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 twenty (20) copies of the materials so published, Any publication by the SubgriJntee or its contractor shall include on the titlo page the following standard disclaimer: "The preparation of these materials was financially aided through a federal grant 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 arc not necessarily those of CCCJ or LEAA." 18. Patents. If any discovery or invention arises or is developed in the course of or as a result of work performed under this grant, the Subgrantee shall refer the discovery or invention to CCCJ. The Suhgrantee 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 pOWt;lrs 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 titb to and license rights under any patent application or patent \"Jhich 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 LEAP-. shall acquire at least an irrevocable, non.exclusive, and royalty-free license to practice snd 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 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 bV this grant award. The Subgrantee in his final repmt shall identify any such discovery Of invention or shall certify that there are no suc.h inventions or discoveries. 19. Assurance of Compliance with Civil Rights Laws. 3. The Subgrantee hereby assures that it will comply and will insure compliance by its contractors with Title VI of the Civil Rights Act of 1964 and all req'Jirements imposed by or pursuant to regulations of the Department of Justice (28 CF R 42) and the LEAA thereunder issued pursuant to that title to the end that no person shall, on the grounds of race, creed, color, !'cx or national origin ~ 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 thi:> grant. The 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, Subport D) to the end that employment discrimination in such programs on the grounds of raC8, color, creed, sex, or national origin shall be eliminated. As required by Section 518(b) of the Sate Streets Act, this grant cO:1dition shall not be interpreted to require the imposition on gront-supported proia:::t;; of any percentage ratio. quota system or other program to achieve .racial balance or eliminate racidJ imbalance in a law enforcement agency. The Subgrantee rc<;ognizes the right of the United States to seek judici;ll enforcement of the foregoing covenants against discrimination and will include a similar C01Jcnant in its contracts assuring the right of the United States to seek such judicial enforcement. b.1t this grant award provides for payment to the Subgrantee in excess of $10,000, the Subgrantee shall comply with Executive Order rJo. 11246, entitled "Equal Employment OpportunilY:' as supplemented, The Subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, nati01al origin, sex, and age and which spec.ifies gials and target dates to assure the implementation of equal employment. 20. Gov~rnment Not Oblinated to Third Parties Other Than Subnrantees. The Subgrantee may procure from third parties materials, supplies, services, or equipment for the conduct of the grant project, provided that slIch procurement complies with the r.1inirnum procurement standards set forth in the CCCJ Fiscal Affairs Manual and applicable federal regulations when such procurenwnt contracts are not contrary to !i,lW and do not violate any of the other conditions uf this ~jrant aVvdrd. Ncit:wf LEAA nor CCCJ shall he obligated or liable to any party other than the Subgramee and only in -3ccordance with the terms and cOilditions of this grant award. .4. -" ,/ -1-7(1e p- ~'-2 ;> 21. Third Party Contract. If any part of the project described ;n Attachment A is not J)<!rformed directly by the Subgrantee, the Subgrantee shall enter into a written agreement in accordance with the applicable procurement standards for the administration thereof. Any contract or ag:-eement entered into by the Subgrantee in connection with performance of this grant aW<Jrd shall provide that the Subgrantec will retain ultimate control and responsibility for the grant project and that the GontractOl ~hall be bound by tht~se grant conditions and all other requirements applicable to the Subgrantee in the conduct of thp. proJect. All such contracts and agreoments requiring payment in cxces~> of One Hundred ThotJ':J<lnd Dollars ($100,000) will not be considered an allowable cost item unless prior writte0 ~pproval is olJtJineu from CCCJ tor eilch of the following: (a) The request for proposal Of other simil<lr document constituting all invit<ltion to hid, the bid conference and the bidder's oral pre::;entotion; or, (bl Negotiated bids or waivC:r of competitive bidding; and (c) The written proposal submitted by the sllccessful bidder; and (dl The contract executed t~tween the Subqrantee and the contractor. All such contracts requiring payment in exc~ss of Ten Thousand Dollars ($10,0001 but less than One Hundred Thousand Dollars ($100,000) may be subject to the requirements set forth above. The CCCJ will select, in a manner It shall determine, ten percent (10%) of the total number of such contracts entered into by all CCCJ Subgrantees for review and approval as outlined above. A Subgrantee whose contract is selected as one of the hm percent (10%) of such c1as5 of contracts will be promptly notified in writing by CCCJ prior to the Jjrcparation of any requests for proposals or oth~r invitations to bid, or other negotiated bidding. All such contracts to be executed by Subgrantees who are private agencies and which require payment in excess of Ten Thousand Dollars ($10,000) must first ohtain written approval from CCCJ of the proposal or other bid submitted by the successful bidder and of the contract executed between the Subgrantce and the contractor. Approval in advance hy CCCJ of any such contract mentioned above is not intended to be, (Ind will not be cOf)stru~d to be, 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 eithct finds a sub~t,llltial failure to comply with the terms and conditions of this grant award, or of the Safe Streets Act and the regulations promulgated thereunder. Any such termination shall become effec- tive after written notice to ttle Subgrantce and shall be subject to the applicable review procedures pursuant to Sections 303(ll, 509, 510, or 511 ot the Safe Streets Act. 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 thi5 grant ,H"J3rd may be terminated or reduced in the discretion of CCCJ, provided, however, th,1( no such reduction or termination shall apply to allowable costs already incurred by the Subgrantee to the extent that Fcderai grant funds are available to CCCJ for payment of such costs. No liability shall, in any event, be incurred bv CCCJ or bV the State of California under this grant award beyond monies available for the purp'Jses thereof. 23. Conflict of Interest. No public official or employee of the State or a unit of local government in which a CCCJ.funded program is sitlJated who eXNcises any functions or responsibilities in connection with the review or ,approval of the progrilnl fundin~ or performs any de ties under the program may participate in an administrative decision with respect to th8 program if such a decision can bp. expected to result in any benefit or remuneration, such as a rov;:lIty, comrnis~ion, contingent fee, brokerage fee, dividend or other benefits or income, to him or ;:my ;nernber of his immediJte family. 24. Criminal Penalties. The Safe Streets Act provides, in oart, as follows: "Whoever embeulcs, willfully mi~pplies, steals or obtains by frauo any funds, assets, or pro;:Jcrty which are the subject of a grant or contract or other form of <I'Ssistance pursuant to this title, whether re.:-ciwd directly or indirectly from the Admtnistration, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. Whoever knowingly-and willfully falsifies, conceals or covers up by trick, sch~me or device, any material tact in any application for assistance submitted [)ursuant to this title or in any records required to be maintained pursuant to this title shall be subject to pro$cclltion under the provisions of Section 1001, of Title 18, United States Code, Any law enforcement program or project und~r"written, in whole or in part, by any grant, or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Administration, shall W subject to the provi!>ions of Section 371 ot Title 18, United States Code:' 25. Public Availability of Information. The Subgrantee <:'Ind its contractors shall comply with the requirements of Sectiolls 6250-6260 of the Government Coce of the State of California and tho LLAA Guide for Comprehensive Law Enfurcement Planning and Action Grants relating to the availability to the public of identifiable records or other documents that are ~rtinent 10 the leccipt or expenditure of grant funds and the availability of records -5- --:I h '1355 of the votes of planning councils, including dissenting member's votes. The Subgrantee will include in any coniract involving grant funds a condition requiring the contractor to comply with the requirements of this paragraph. 26. Contract Work Hour and Safety Standard Act. If any portion of this grant ~wJrd will involve employment of mechanics or lahorers in excess of Two Thousand Five Hundred Dollars ($2,500) (or III excess of Two Thousand Dollars ($2,000) for construction projects!. Subgrantce agrees: 11) That each mechanic and laborer will have his wages computed on the ba~is of a standard work day of flight (8) hours and a standard work week of forty (40) hours. Work in excess of the standard work week or day is permissible, provided that the worker is compensated at the rate of not less than one and one-half (1 %) times the basic rate of pay for all hours wod-ed in excess of eight (8) hours in any caler.dar day or forty (401 hours in the work week. (2) That no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor by regulation (29 C.F.R. 1518). Since this grant award is partially funded by federal funds. the Contract Work Hours and Safety Standard Act, 40 US.C. 327, et. aI., is applicable, and will be complied with fully. Xl. 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 ::Jny remuneration whatever to any individual applying for admission, attending, employed by, teaching at or doing research at an institution of higher edlJcation 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. Wage-Price Guidelines. The Subgrantee and its. contractors will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. This grant award constitutes a certification by the Subgrantee and the submittal of an invoice or voucher for property, goods, or services furnished by the Subgrantee's contractors, shall constitute a certification by the contractor that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to CCCJ and the ioeallntemal Revenue Service field office. 29. Conditions Applicable to Part E Grants. If any portion of the grant project is funded with Part E funds, the following conditions apply: a. The title and control of Part E fund, and title to property may not be transferred to private agencies, profit.meking 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 of 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: (1) At least eighty 180) hours recruit training, at entry into duty or during the first year of tenure, for both guards and correctional officers on the one hand and probation and parole officers on the other, and (2) At least twenty (20l 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 Systoms. I{ any portion of this grant involves the establishment, maintenance or upgrading of a computeri7ed system, the Subgrantee agrees: a. To ensure th&t adequate provisions are made for system security. the protection of individual privacy and the insurance of integritv 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 system and assurJnces pro'.'iding for consideration of the rights of privacy. The Project ~arch Technical Report No.2 (Security and Privacy Considerations in Criminal History Information Systems) shall be used as a guide. -6- ~( /3 ~<=_-, b. To coordinate development of the program with any compatible multistote 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 computer software produced under this grant will be made available to LEAA for transfer to 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 lunless the Regional Administrator of that office has wai'Jed this requirement) and a complete copy to the Systems Development Division, Office of Criminal JU$tice Assistance, Law Enforcement Assis(once Administration. Documentation will include but not be lim;ted to System Description, Operating Instructions, User Instructions, Program Maintenance Instructions, input forms, file descriptions, report formats, program listings and flow charts for the syst~m and programs. e, That whenever possible, all application progrems will be written in ANS COBOL in order that they may be transferred readil'y to another authoriz.ed 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 bV 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 purchases 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. If this grant aW;;jrd dBals with c.ny equipment 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 whenf!ver possible to fully utilize any such poolS so available. 33. Educational Support. The Subgrantee assure, that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be sub~ccted to discrimination under any education program or activity funded in whole or in part in a<:c;ordance with this grant award with the 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 this grant award agreement. When material not origir.ally deveioped 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. . . .7. .r,. -7.'.~ ,-~-< -j-- -j . 35. 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: CCCJ: Robert H. lnwson;Executive Director California Council on Criminal Justice 7171 Bowling Drive Sacramento, California 95823 Subgrantee: To the grantee 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 time said notice is to be given, in which event, said notice shall be sent in accordance with said written changes. Nothing herein contained shall 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. -8- -y -/?>.~ 'I /--,I_~;; " AMENDMENTS TO THE STfu"lDARD GRANT M'/ARD CONDITIONS It is understood by the subgrantee that the foregoing Standard Grant Award Conditions are amended as follows: 1. Paragraph 21 is hereby amended to read as follows: 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 des~gnated as a "third part contract"). Any con- tract entered ~nto 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 appli- cable to the Subgrantee in the conduct of the project. b. All third party contracts in an amount in excess of $100,000 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 docu- ment constituting an invitation to bid, 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 ~el(lct;-'in a'manner it shall determine, approx- imately 10% of the total number of all third party contracts in an amount in excess of $10,000 but less than $100,000, 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 whoge contract is selected as one of this group of contracts will be promptly notified in writing by CCCJ following the final execution of this grant award. 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 approval from CCCJ of the proposal or other bid submitted by the successful bidder and of the contract executed between the Subgrantee and the contractor. -~ r--" --1)~' " ../ ~-" ,---' " ., < e. Approval in advar.cc by CCCJ of any third party con- tract is not intended to be, and will not constitute, a waiver of any other provision or right of' CCCJ provided in this grant award. 2. The following subparagraph is hereby added to paragraph 22: 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 Sub grantee until the demand is satisfied. 3. Paragraph 23 is hereby amended as follows: 23. Conflict of Interest. No official or employee of a State or unit of local government or of non-government slwgrantees shall participate personally through decision, approval, dis- approval, recommendation, the rendering of advice, investiga- tion, or otherwise in any proceeding, application, request for ruling or other determination, contract, grant, claim, contro- versy, 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-goverrunent subgrantees shall avoid any action which might result in, or create the appearance of: 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 of the program. 4. The following paragraph is hereby added: 36. A. Comrnunicllti.ons E3.uipmont or Systems. Where the grant project InVolves comnunicati~1s equipment or ~ystema and there is a need for use of additional radio frequencies beyond those currently available to the Subgrantee, the Subgrnntee assures CCCJ that such radio frequency 8upport 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. f: "'-/.~ << , CALlFo.RNIA COt "";IL ON CRi;Vi;NAl JUSTICE ~l Application for a grant under Section 301 (b) of the Omnibus Crime Control and Safe Streets Act of 1968 (PL-90-351l, as amended by PL-91-644. . Part B Part C Part E ,-.- re-Agreement Effective Date ..._-- ----- Gra n CEx-tensTon Appro ved------ To ritle: rype of CRIME SPECIFIC-BURGLARY Application Year: lst___ 2nd~ 3rd___ 12. 2. Region: U Aool icant: I Original (Date) ~ Revision (Date) X CONTINUATION OF ,rant Duration: ,6 6-l'l-n CITY OF CHULA VISTA POLICE DEPARTMENT 276 Fourth Avenue 'Chula Vista, CA 92010 PROJECT Months OCJP 1474 _ength of Project: 12 Months 13. Project Director: ALLIE B. MEDLOCK, SERGEANT CHULA VISTA POLICE DEPARTMENT 276 Fourth Avenue ChllR Vista. CA g20JO 14. Financial Officer: DENNIS M. HACKETI, FINANCE OFFICER CITY OF CHULA VISTA 276 Fourth Avenue Chula'Vista, CA 92010 . iupport' =edera 1 Dollars Percent ::>i),Roo 9oor; 1, i40 "or; 1. '140 S% ita te Buy- In .ocal Hard ~'atch )ther Match & In-Kind rotal Project Cost 29,480. 100% 15. Official Authorized to Sign Application: THOMAS V. HAMILTON, Mayor CITY OF CHULA VISTA ~27 Fou:rt~~e 'ue, C ula 'tffJr./VJJ , S g ature: ~ Vista CA 92010 Date':;- 23-7): :ategory: ~rogram: D PROPERTY CRIMES ~roject Summary he project continuEs the second year of an established burglary task force within the departmen o supplement the present Investigative and Youth Bureau units in providing specific burglary ,revention and apprehension program. The task force has, and will continue to, operate on a aid overtime basis for sworn personnel. This has permitted the infusion of a significant umber of officers and agents to be assigned at critical times for surveillance of Imown suspect. nd/or saturation patrol of high incident areas. Under the leadership of the project director a sergeant) the proj ect has and will continue to provide a high level of service to the general ommunity and private business, with a specific service to the high incident areas, making the roperty rore secure from burglary and other related crilJes. he project has established a profile of Imown suspects to assist the investigators and the beat ,fficer in the surveillance and apprehension of Imown suspects, and will continue to update this 'ile, and make new 35rrm slides, which are being shown at patrol lineups. he project will continue to maintain a stolen property file by article (those not covered by erial numbers) aiding in the recovery of stolen property by the task force, narcotic alld atrol officers in contact with the Imown suspects and fences. The project will continue to upplement and expand the present (very successful) home security program in a door-\;o-<loor ampaicn of home inspection and public awareness; also, extending the marking of personal 'roperty to the neighborhood level in tlxo high iflddent areas. n~ ~l ~-("~:' '-/- /---, , CALI FORNI A " .7..11 ""e"""""'~"" ...rvrn....- 'SIr-.F" NOTICE' OF IlHEllT LT. GOVERNOR HI REIN' "'~E Office or'ln'efgovern",cn'ol logcment ~"RO lYP((91 S'o'. Clearinghouse 1,(00 10th $treet, Room lOa Socromc-nto. California (916l4015.0613 . IOi"i,ion C<4I.70. I Police Dena E.AP.INGtIOUSE 1.0. NUI.\uER (1.81 lAor U~,.'l ,ty of Chula Vista e'C:' Till.. 111.7' J :ime Specific Burglary "reo Cod. CA I." e I z'r7i~i~, City (40-6 OJ Chula Vista ,,"OlO t'G.,IU r.sl 112'''' I '6 Fourth S'treet ,oc:tPcrson 112.4') .1liam Winters, Chief of Police 714 .'1) PROJECT DESCRIPTION OF NATURE. PURPOSE. AUD BEN[FICIARIE~ Lis \," - ..;: ; ective and juvenile divisions in providing specific burglary prevention and apprehension 'oQ:raTils. Task Force memberc; wi 11 nper;,,\f"p nn ~ p:1id 'n,.pY"t'";1C\r> h?<:; <: l.''hjcl:1 pt'rni+~ tl~9 in:\asion "S'ignificant numbers of officers at critical times. Under the leadership of a sergeant Ie prog;ram ,.".i 11 ocnccntrate in services to '(en era 1 C':ommnn; ry' :'lnrl ~.,..; 1r:1t-f' hll<::; TlPC: C:::PC::: "",.,1-7 rg ~perty secure fro~ burglary, identification of high areas of burglary, to increase the prob- dlitv of anprehensi.on on an inmerlintp. h;",::.ic:.~ ;nrrp;:1C:P t-hP ""f-"'rr"'\v,o..,..~l-d';h~ o~ rrofC'TtH pre ~~ burglary prevention programs to the schools, and the military population, establi~h a lot-linell and re\'.'3.rd Torrram for the rcnorti 0" of bu (1 a rl p,..nviflr ~ ;n.of"nrrn~t-; nn r""r"'\s.,..~.n 'citizens to encourage reporting of suspected burglaries, with particular emphaisis on :fens es corrmli tted bv truant children and ;uvenil~c i.el Loe otion City U2.4~) -lPloiec, Locotion CounlY 146.19) mla Vista San DieO'o FEDERAL Fur:oS MATCHING Fur':DS OTHER n" NONFEDE RAL FUNDS" TOi AL FUNDS r. , 00, ^,'" ........^....11 ~tole 128-351 Loeal13 (;..31 ,.014-511 ,~::' _ "i') I !6,800 $17,900 . $44 700 ,. of Ot!1C'~ r cc!erol Funds." ii.Z..4:U . rype of Other NO"'~Federol Fundslt t.e-79) . 'u:Hng /'geOlO:Y Program Tille 112.71 J . red.fClI Calolog Number IW Enforcement Assistance - Lmproving & Strenghtening Law Enforcement 16.502 Idin2. Agency Home 1l2.-'<~ I - t~b.Agel'\CY t.<6-HI.I lpartment of Justice - LEM alifornia Council on Criminal Justice Con",es,ionol Di,trict A!l,embl... District 5enole Di,tr:cl Statewide Projecl Countywide Project t.,). tl"'-I~1 f';-';'1l r1e..191 .1200Z11 -\ 12;-7:-" r2"'-2.!.1 r26-271 IZe.-Z91 ,\30-31)' t~~33} nYest3.. [ZNo t3~' Yes 13el 'frlNo 13" . Typo of Sponsot (Chec\(. ol'dy one) folloW L-,121 Type or Act ion CONTINU....TION ~ZZ IS.STATE PLAN IS PROJ Eel UNvER on-OIZ CITY 00" COo.l"-,,UNll'Y 018 SUf'"PL.[:....[:NT....... C......Nl' On REQUIRED? A..9S JURISDICTIO~-l? ....CTIO" .~':.. 013 ~~:TO:I~T Ole ::::~~::fION Du' I" 'U.VISIOI<C TO AM ;t.lUSTIN(; PRO(;"'....M COLLAR AMOUNeTS OUR....TIO'" IN Tlo.l,[ ~NTTDI4 sp'[crAI.. On 020 "'CII.r:A~U: ceCReA5c CA.NCtl.\..ATION INC'REAS[, DtCf'l["'SC t;]VOS(Zill Oi.fot30J @YeS{3t1 D:.foc3:n UNIT CYNell. 0" 0'" DO< 0" 078 EN\'IR:G~i,'.\ENT AL IMPACT 'STATEMENT jIfYES. Attach Following If Availol..le NOTE:: 1"- NOT "TT...(><[O tiS 0" "l!;;G. 0[,(. FC~}.\ jrJO ,t.?pr;.O....EO ........5T Po[ sveMITTEO "01'1 111;...1[.... 30 QUIRE:D? [liVest)31 DNal3". E1S n13~1 Nec~!i"e Of'elc.olion ~[36. O"'TS P<lICA "(0 ""PI.ICATION ':;<":OMITTAl o Yes!)?l [] ;>1" t~ ~I :T10i< FOR INFORMATION RE~UIRED BY ~\ETROPOLITAN CLEARINGHOUSES, -2 - '\ -1"'" foe /__'.-;.,/ ~ ..:: I . . , . , . , .~ ___~___._'"-~___'_'_,_'___ __._ _~_.._............_____.__.L"~~:~--~-"':"'''::-':'''.~.~'''~':':' 0.'.' . ., 1,9 \V 'I ':-J ~\ :' (j I ~ ~\ \~~\ () '- Date: ?;f 3~ .J CCCJ No.: 1// > // r / From: CALIFORNIA SJ<]!NCIl ON CRIMINALr,JUSTlCE 2.' }it _' Project Title: C--i.<-,~ /<l/z-p'C"~-;u--c_ ~7~'o/ your project has been assign~dto C,<crf ~__::z:;z- / l I f PHONE: 445-0500 PLEIISE USE THE CCCJ NUMBER SHOWN ABOVE ON ALL CORRESPONOENCE TO THIS OFF! CE. "........,---.------ .'.-~T~-:~-..---~-:--:--~.r.----~.--~r~--.-.~-.--;--:-:--~-..- , , ' , . .' , ' , - 3 - . , , .-,;- 1/ /_-~.-, <. , " , I l L__ r'- . :- June 1, 1974 I, William J. Winters, certify that the Chula Vista Police Department has formulated an equal employment opportunity program in accordance with 28 CFR 42.301, et seq., Subpart E, and that it is on file in the Office of William J. Winters, 276 Fourth Avenue, Chula Vista, California, Chief of Police, for review or audit by officials of the cognizant state planning agency or the Law Enforcement Assistance Administration, as required by relevant laws and regulations. WILLIAM J. WINTERS Chief of Police - 3A - -v . -j~.:') "- , .-~ . ENVIRONMENTAL IMPACT STATEMENT NEGATIVE IMPACT STATEMENT TO: All Interested Government Agencies and Public Groups FROM: Project Director, Crime Specific Burglary In accord with the procedures for the preparation of environmental impact statements, an environmental assessment has been performed on the proposed agency action below: Crime Specific Burglary 276 Fourth Avenue Chula Vista, CA 92010 The assessment process did not indicate a significant environmental impact from the proposed action. Consequently, an environmental impact statement will not be prepared. An environmental impact appraisal, which summarizes the assessment and the reasons why a statement is not required, is on file at the above office and will be available for public scrutiny upon request. - 1:/ - -~, -~ - , ..)---"...;-' ,... 20. BUDGET SUMllARY FOR GRAIlT PROJ ECT i\/ N If it is anticipated that funds will be requested for second and/or third year activities, fill in those spaces. If this application is for second year funding, then fill in the "Total First Year" with the approved amounts for that period, and the anticipated ,amounts for third year funding. 1. Budget should be based on a grant year (12 month or shorter oeriod if the project is less than 12 nonths) rather than calendar year or fiscal year. ' 2. ,Including State Buy-In funds. Budget Category Personal Servi ces Travel Consultant Services Equ 1 pment ~ Supplies & IJperating Expenses Total . Project Cost Grant Funds Reques ted Grantee rf'ln+.,.;hll+';1"\1"'I (-~ i Tota 1 TOTAL FIRST YEARl Grant Matching2 Funds Funds TOTAL SE~QlID YEARl Grant Matching2 Tota 1 Funds Funds TOTAL THIRD YEARl Grant atchinq2 Funds Funds Tota 1 44,586 11,253 29,480 26,800. 2,680. 16,267 14,640 33,333 11,253 2,680. 1,627 \.{"\ 1,627 BUDGET CATEGORY 21. Personal Services A. Salaries OOLICE INTERNS 2 Interns @ 2. 65 per hr. 2080 hrs. annually = \GENT/PATROIl'lEN (E) . @ 10.00 average overtime hours x 2,396.8 hrs. = B. Benefits elll IFORNIA COUNCIL ON CRUmlAl JU~TTCE DETAILED PROJECT BUDGET. . TOTAL FEDERAL FUNDS ;;..'; .5;5~j..2,~32. .' 23.968. ., TOTAL SEE BIDGc'l' NARRATIVE, ITEM 28 29 480. ""'" 23,968. 26,800. -6- HARD MATCH S TE l C L BUY-IN HARD MATCH .'- .1.340 1,340. 1,3110. 1,340. OTHER ** 73 3 ~.; ,... Ut.ll\lLt.U t"{U..JI:I.' llUUlJl:I ~...U" I J .. FEDERAL HARO MATCH BUDGET CATEGORY TOTAL FUIlDS STATE I LOCAL BUV-IN HARD MATCH aT 22. Travel , , NONE - . . . . . TOTAL 23. Consultant Services .. --_..--- NONE .. .. . . 'TOTAL 24. Equipment SEE mooET NARRATIVE '. . TOTAL -7- " \ 1"'"-- Y - y, ", '\ ,'---, -<;; "ETAILED PROJECT rUDGET (CON'T) FEDERAL HARD WnCH BUDGET CATEGORY TOTAl FUNDS STATE I LOCAL OTHER BUY- IN HARD ~\ATCH 25. Supplies and Operating Expenses , ! , SEE BUDGET' NARRATIVE . .. , .., . , , . '. .- '. . . , . ! TOTAL - 26. TOTAL PROJECT COST . . 27. Percent of Total Project Cost 100% -8- ) ?'\ 'S< -- ~ --' -- ----' 28. Budgct Narrative: Begin below and add as many continuation pages -(numbcl-ed 8-~n-B. etc.) as may bc necessary to relate the items budgeted to project activities and complete the required Justification and explana- tion of the project budget. Explain the sources the grantee will utilize for its matching contribution. Enumerate those proposed expenditure items that require prior approval. as specified in Bureau of the Budget Circular A-87, and in CCCJ Fiscal Affairs Manual, so prior approval may be considered at the time application is made. PERSONAL SERVICE: . > . Under the first year of the grant the police interns were paid $2.52 an hour. A 5% cost of living factor has been figured into the second year of the grant, allowing $2.65 an hour for two interns, on a 20-hour per week average per intern. This figures at a total cost of $5,512.00. The City of Chula Vista has budgeted $1,340.00 hard cash into this fund, in order to assist in the payment of the police interns assigned to this grant, 5% of the State buy-in, 'leavj,ng a remainder of $2,832.00 of federal grant money to 'be used. This leaves a balance of $23,968.00 to be used in paid overtime for agents and patrolmen in the saturation patrol and surveillance of known criminals. The City of Chula Vista will provide supervision of the project in the form .of the Chief of Police, Investigative Captain, Patrol Captain, Patrol Sergeants, Investigative Sergeants, and all support facilities, such as binoculars, portable radios, carreras, other technical surveillance equipment, vehicles (motor vehicles, m:>torcycles and bicycles, pickup trucks with campers), all office space and equipment in the form of desks, telephones, stationery, teletype, telecopier, Xerox, automated file system, computers, etc. The foregoing services and equipnent will be provided for the grant at no cost to the grant. As an example, in two of the major categories; Supervision, approximately $12,000.00, and vehicles (mileage only) $4,500.00, for a total of .$16,500.00, as e~rienced in the first year. -9- . r:k.. ~ 1/. 733~f "- Graphic Representation of rosts - By Month . -;/ / ./ / . ,/ / / / ,/ ./ V ./ / / / / 'J V PROJECT MONTH 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 1-0UI - 11th 12th 100% 90% 80% 70% 60~; 50% 40% 30% 20% 10% 0% " I. Other Sources of Funding FUNDS DATE AGENCY REQUESTED REQUESTED STATUS OF REQUEST NONE $ $ $ , $ $ , $ ! -'0- ! ,r T '~ ,