HomeMy WebLinkAboutRESOLUTION - 17-98 - 5/26/1998 - INTERGOVERNMENTAL AGREEMENT/COOK CTYRESOLUTION NO. 17-98
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF COOK, ILLINOIS, THE SHERIFF OF COOK COUNTY,
ILLINOIS, AND ELK GROVE VILLAGE FOR THE PROVISION OF CRIMINAL
APPREHENSION BOOKING SYSTEM EQUIPMENT RELATED SERVICES
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DUPage, State of Illinois as follows:
Section 1: That the Village President be and is hereby
authorized to sign the attached documents marked:
INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK,
ILLINOIS, THE SHERIFF OF COOK COUNTY, ILLINOIS, AND ELK GROVE
VILLAGE FOR THE PROVISION OF CRIMINAL APPREHENSION BOOKING
SYSTEM EQUIPMENT AND RELATED SERVICES
a copy of which is attached hereto and made a part hereof as if fully
set forth and the Village Clerk is authorized to attest said
documents upon the signature of the Village President.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 26th day of
1998.
APPROVED this 26th day of May , 1998.
ATTEST:
Patricia S. Smith
Village Clerk
reso602.doc
B. Johnson
Village President
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF COOK, ILLINOIS,
THE SHERIFF OF COOK COUNTY, ILLINOIS,
AND THE Elk Grove Village
FOR THE PROVISION OF
CRIMINAL APPREHENSION BOOKING SYSTEM EQUIPMENT
AND RELATED SERVICES
This AGREEMENT, is made and entered into on the 26th day of
May , 1998, by and between the COUNTY OF COOK, ILLINOIS
(the "County") pursuant to its home rule powers as provided in
Article VII, Section 6A of the 1970 Illinois Constitution and
MICHAEL F. SHEAHAN, SHERIFF OF COOK COUNTY, ILLINOIS (the
"Sheriff") and the Elk Grove Village (the "City/Village").
WHEREAS, the County through the Office of the Sheriff was
awarded a federal grant (the "Grant Award") from the Community
Oriented Policing Services Office of the United States Department
of Justice for the purpose of funding the development and
implementation of a County -wide Criminal Apprehensive Booking
System ("CABS"); and
WHEREAS, the City/Village has agreed to participate in the
Sheriff's efforts by agreeing to become a partner in the Sheriff's
CABS consortium; and
WHEREAS, the provisions of Article VII, Section 10 of the
1970 Illinois Constitution and the provisions of the
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize
and encourage intergovernmental cooperation;
NOW THEREFORE, in consideration of the promises, covenants,
terms and conditions set forth in this Agreement, the sufficiency
of whJ_ch are hereby acknowledged, the County, the Sheriff and the
City/Village agree as follows:
SECTION I: DUTIES AND OBLIGATIONS OF THE COUNTY
A. Procurement of Equipment and Technical Services
1. The Sheriff issued a Request for Proposals for the
procurement of the CABS equipment (the "Equipment") and
technical services for the development and
implementation of CABS. Based upon the Sheriff's
review of the proposal responses, the Sheriff has
determined that the proposal submitted by NEC
Technologies, Inc. will serve the best interests of the
County, the Sheriff and all partners in the CABS
consortium. Pursuant to the Sheriff's recommendations,
the County is entering into a contract with NEC
Technologies, Inc. (the "Vendor") for the provision of
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the CABS Equipment and technical services (the
"Contract"). A copy of the Contract shall be provided
to the City/Village upon request.
2. In accordance with the terms and conditions set forth
in the Contract, the County will procure, on behalf of
the City/Village, the Equipment and technical services
as set forth on Exhibit A of this Agreement. The
Equipment shall conform to the requirements of the
Federal Bureau of Identification, ANSI/NIST, and
Illinois State Police standards so as to ensure
interoperability with the State Identification Bureau
and the Federal Bureau of Identification. Upon payment
to the County by the City/Village as provided herein
and installation of the Equipment by the Vendor, the
City/Village shall be the owner of such Equipment.
3. The Contract allows the City/Village, at its sole cost
and expense, to purchase additional items of Equipment
and/or technical services directly from the Vendor on
the same terms and conditions as set forth in the
Contract. The City/Village shall be solely responsible
for the cost of any additional items of Equipment or
technical services desired by the City/Village. In the
event that the City/Village procures additional items
of Equipment and/or technical services directly from
the Vendor, the City/Village shall provide the County
with prior notice of such procurement so that the
County can determine whether such additional
procurement of Equipment may be accommodated on the
Network and further so that the County can establish
additional security measures that may be required.
B. Provision of the CABS Computer Network
The County shall provide all necessary hardware and software to
operate a high speed backbone computer network (the "Network")
which will allow the City/Village to transmit livescan
fingerprints, digital photos and other information to other Cook
County law enforcement agencies and the Illinois State Police. The
Network will provide for connectivity to Cook County sites, such
as the Office of the Circuit Court Clerk, the Chicago Police
Department and the Cook County Department of Corrections. The
Network shall also provide for connectivity to ISP sites in Joliet
and Springfield. The County intends to have the Network fully
operational by July, 1998. The County shall be responsible for
operating, maintaining and repairing the Network.
In connection with the CABS Network, the County has entered into
an Intergovernmental Agreement with the Illinois Department of
State Police ("ISP") for the purpose of providing certain expert
technical services and equipment. Pursuant to the ISP Agreement,
the ISP will: (i) design, development and implement a digital
photographic archive system that will be used to store mug shots
of arrestees and to provide access to these photographs by law
enforcement agencies involved in the CABS consortium; and (ii)
acquire and implement firewalls to protect the ISP's communication
networks and databases. Pursuant to the ISP Agreement, the County
has been granted a license to the digital photograph archive
system and firewalls. Such licenses are effective for as long as
the digital archive system and firewalls are operated by the ISP.
All obligations of the County pursuant to this Agreement shall be
contingent upon the ISP completing their obligations under the
County/ISP Intergovernmental Agreement.
SECTION 2: DUTIES AND OBLIGATIONS OF THE SHERIFF
A. CABS Unit Services
The CABS Unit, which is staffed by Sheriff personnel, shall
provide the following services to the City/village:
1. scheduling and facilitating installation of the
Equipment within the City's/Village's law enforcement
facility;
2. scheduling the training of the Equipment which shall be
conducted by the Vendor in accordance with the
specifications of the Contract;
3. providing access to the Network twenty-four (24) hours
per day, 365 days per year;
4. arranging for warranty services to be provided to the
City/Village directly by the Vendor where the CABS Unit
cannot cure the Equipment failure or defect within
eight (8) hours of the City/Village's notice of such
failure or defect to the CABS Unit; and
5. facilitating the provision of technical support
assistance on a twenty-four hour per day, 365 days per
year basis. Technical support assistance shall mean
diagnostic, hardware and software problem rgsolution_
services related to conflict, failure or improper
functioning of the Equipment.
SECTION 3: DUTIES AND OBLIGATIONS OF THE CITY/VILLAGE
A. The City/Village shall be responsible for providing a safe
and appropriate environment for the installation and
operation of the Equipment, including but not limited to
adequate cabling, connection devices and lines and utility
services.
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B. The City/Village shall be fully responsible for maintaining
and operating the Equipment in accordance with the
specifications recommended by the Vendor or Equipment
manufacturer.
C. Upon expiration of the one year warranty on the Equipment,
the City/Village shall be fully responsible for all Equipment
repairs and preventative and remedial maintenance required on
the Equipment so that the Equipment is maintained in a good
operating condition. In the event that the County procures
extended warranty services for the Equipment from the Vendor,
the City/Village shall be entitled to obtain such extended
warranty services, at the additional cost to the City/Village
as set forth within the Contract.
D. During the one year warranty period provided by the Vendor,
if the City/Village incurs any failure or difficulty with the
Equipment, the City/Village shall first contact the CABS Unit
to assist with diagnosis and correction of the problem. If
the CABS Unit cannot cure the problem within eight (6) hours,
the CABS unit will arrange for the Vendor to provide warranty
services within twenty-four (24) hours of the initial call to
the CABS Unit in order to correct the problem.
E. The City/Village shall comply with all conditions of the
Grant Award which are set forth in Exhibit B attached hereto.
Pursuant to the terms of the Grant Award, the Equipment may
only be used for law enforcement purposes in connection with
criminal apprehension and booking. The City/Village agrees to
use the Equipment only for law enforcement purposes as
permitted pursuant to the terms of the Grant Award. In the
event the City/Village uses the Equipment for non -related
purposes, such unauthorized use shall be deemed a breach of
this Agreement and the County shall have the right to
terminate this Agreement in accordance with Section 4.1
hereof.
F. As an additional requirement of the Grant Award, the
City/Village agrees to make a good faith effort to continue
deploying officers into community policing as a result of the
funding of technology and equipment under the Grant. The
City/Village understands that it must create a Retention Plan
which will address the steps to be taken by the City/Village
to retain the positions and maintain redeployment of officers
into community policing after the funding of this Grant
expires. The Retention Plan must also address the steps to be
taken by the City/Village for maintaining the positions and
redeployment levels beyond the term of the Grant.
G. The City/Village shall operate the Equipment in accordance
with all relevant policies, procedures, rules, and
regulations, as promulgated from time to time by the Director
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of the CABS Unit, including but not limited to LEADS
requirements as established by the ISP.
H. The City/Village, by execution of this Agreement, certifies
that it is in full compliance, or will fully comply, with the
U.S. Department of Justice Certifications and Assurances
attached hereto as Exhibit C.
SECTION 4: TERM OF AGREEMENT
This Agreement shall commence upon the date the Cook County Board
of Commissioners authorizes execution of this Agreement and shall
continue for as long as the County operates the County -wide
Criminal Apprehension Booking System.
In the event the City/Village breaches any -term of this Agreement
or fails to comply with any condition of the Grant Award, the
County shall have the right to terminate this Agreement and the
City's/Village's Network connection to the County. Prior to any
such termination, the County shall give the City/Village seven (7)
days prior notice of such intention to terminate and provide the
City/Village with an opportunity to cure such breach prior to
termination of the Agreement and the Network connection.
SECTION 5: COMPENSATION TO THE COUNTY
Upon execution of this Agreement, the City/Village shall transmit
to the Sheriff the sum of Twenty Thousand Dollars ($20,000.00) to
pay for the Equipment and technical services to be provided by the
County. Payment shall be made payable to the County of Cook,
Illinois and transmitted to Mr. Daryl Bernard, Cook County
Sheriff's Police Office, 1401 Maybrook Drive, Maywood, Illinois
60153. The Sheriff shall transmit such payments to the Cook
County Comptroller for deposit with the Cook County Treasurer.
SECTION 6: MISCELLANEOUS
A. Nonliability: No party to this Agreement shall be liable to
any other party for any loss, claim or damages as a result of
any delay or failure in the performance of any obligation
hereunder, directly or indirectly caused by or resulting
from: acts of the other party; acts of the government; acts
of God; acts of third persons; strikes, embargoes, delays in
the mail, transportation and delivery; Network or power
failures and shortages; fires; floods; epidemics and
unusually severe weather conditions; or other causes beyond
the control of such party.
B. Binding Effect: This Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the
parties as if they too were parties to this Agreement.
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C. Severability: The parties agree that to the extent a court of
competent jurisdiction shall determine that any part or
provision of this Agreement is unenforceable as a matter of
law, such part or provision of this Agreement shall be deemed
severable and the remainder of this Agreement shall survive.
D. Notice: All notices required herein shall be in writing and
be served personally or by registered or certified mail,
return receipt requested, upon the parties at their principal
administrative offices or as otherwise designated.
E. Governing Law: This Agreement shall be governed, interpreted
and construed according to the laws of the State of Illinois.
F. Amendment: This Agreement contains the entire agreement of
the parties and shall supersede any -prior written or oral
agreements or understandings. This Agreement may only be
altered, modified or amended upon the written consent and
agreement of all parties hereto duly adopted as required by
law.
G. Compliance with Laws: The parties hereto agree to observe and
comply with all federal, state and local laws which may in
any manner affect performance under this Agreement, including
without limitation federal and state laws governing the
dissemination of criminal records.
H. Right to Audit: The City/Village agrees that any auditor
appointed by the U.S. Department of Justice and/or the County
shall, until expiration of five years after the final payment
under this Agreement, have access and the right to examine
any books, documents, papers, canceled checks, purveyor's and
other invoices, and records of the City/Village related to
this Agreement, or to the City's/Village's compliance with
any term, condition or provision of this Agreement. The
City/Village shall be responsible for establishing and
maintaining records sufficient to document the costs
associated with performance under the terms of this
Agreement.
I. Indemnification: With respect to any claims, losses, damages
and liabilities that may result due to the Vendor performing__
services on the premises of the City/Village, the
City/Village agrees to indemnify, hold harmless and defend
the County and its commissioners, elected officials,
employees, agents and representatives, and their respective
successors and assigns, from and against any such claims,
losses, damages and liabilities, including costs, expenses
and attorney's fees.
SECTION 7: ACCEPTANCE and EXECUTION
The terms of this Intergovernmental Agreement are hereby accepted
and executed by the proper officers and officials of the parties
as set forth below. Attached to this Agreement as Exhibit D is a
City/Village Resolution authorizing execution of this Agreement.
COUNTY OF COOK, ILLINOIS
BY: _
John H. Stroger, Jr.
President, Cook County Board
of Commissioners
ATTEST:
David D. Orr, County Clerk
SHERIFF OF COOK COUNTY, ILLINOIS
W
Michael F. Sheahan
Approved as to Form:
sistant State's Attorney
CITY/VILLAGE
BY: Craig B. Johnson
Mayor/President
ATTEST: Patricia S. Smith
Clerk
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LIST OF EQUIPMENT AND TECHNICAL SERVICES
TO BE PROVIDED BY VENDOR/COUNTY
10 -Print Machine (1)
10 -Print Printer (1)
Oracle User License (1)
Backup Hardware and Software for the 10 -Print Machine
Digital Mugshot System (1)
Camera (1), Software and Lighting for the Digital Mugshot System
Router to Connect to the Cook County Network (1)
Training
One Year Warranty on all Equipment and Software
One Set of Documentation for all Equipment and Software
C"'DITIONS OF GRANT AWARD
1. Grantees which have been awarded funding for the procurement of an item in excess of $100,000 and have
already identified a vendor must provide a written sole source justification to the COPS Office prior to obligation,
expending or drawing down grant funds for that item.
2. The funding under this project is for the payment of costs approved by the COPS Office for support resources
(including the salaries and benefits of civilian personnel), equipment and technology, and/or overtime that has been
approved by the COPS Office.
3. COPS MORE '96 grant funds must be used to hire one or more civilians beyond the number of civilians that
would be hired or employed by the grantee in the absence of the grant, or must be used to purchase equipment or
technology beyond that which the grantee is already obligated or funded to purchase, or must be used to fund overtime
that exceeds current and planned overtime payments.
4. The civilians and equipment and technology funded under this grant may only be utilized in activities or
services that exclusively benefit your agency and the population that it serves. If your agency provides police services
through a contractual arrangement, your agency is responsible for ensuring that the utilization of civilians, equipment
and technology and overtime.is in compliance with the conditions of your grant. -
5. The grantee acknowledges its agreement to comply with the assurances and certifications submitted with the
COPS MORE '96 application.
6. In order to assist the COPS Office in the monitoring of the award, your agency will be responsible for
submitting progress reports and financial status reports on a quarterly basis. As those reports become due, your Grant
Advisor will provide you with outlines to assist you with these reports.
7. Requests for extensions of the grant award period that merely request additional time, not additional funding,
should be submitted in writing to your grant advisor no earlier than August 1, 1997 and no later than September 15,
1997.
S. The COPS Office may conduct or sponsor national evaluations of the Community Oriented Policing Services
Program (COPS) and the MORE '96 program. The grantee agrees to cooperate with the evaluators.
9. The grantee agrees to abide by the terms, conditions, and regulations as found in the COPS MORE '96 Grant
Owner's Manual and the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, 28 C.F.R. Part 66.
10. For grants of $500,000 or more (or $1,000,000 or more in grants over an eighteen month period), the grantee
acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if grantee is required to submit
one F..R. 42.302) that is approved by the Office of Justice Programs, Office for Civil Rights, is a violation of its
" Asfurances and may result in the suspension of the drawdown of funds. For grants under $500,000, the grantee must
a coinpt�ted EEOP Certification form and return it to the Office of Justice Programs, Office for Civil Rights,
within 120 days of the grant award.
fr,.
11. The recipient agrees to complete and keep on rile, as appropriate, an immigration and Naturalization Service
Employment Eligibifity Verification Form (1-9). This form is to be used by the recipients of federal funds-Mverify that -
- - --•• persons -are eligible io work in the United States.
12. The grantee agrees to monitor and exercise best efforts to maintain the level of redeployment of current sworn
officers into community policing that is the result of COPS MORE 196 funding. During the first 60 days after the grantee
signs and returns the grant award document, the grantee will work with the COPS Office to develop a plan to track the
officer time redeployed into community policing.
13. If any part of the funded project is subject to the requirements of the Crimin%,,p elligeece Sypems Operating
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regulation, 28 C.F.R. Part 23, the grantee agrees to submit to the COPS Oce its opet'aYlfg procedures and/or a
certification that such a system has on hand operating policies as required by the regulation prior to drawing down grant
funds for the funded project.
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use of a cuntrulkd substance is prohibited in the grantee's (b) Requiring such emplove� to participate satisfactorily in a
workplace and specifying the actions that will be taken against drug abuse assistance or rehabilitation program approved for
employees for violation of such prohibition: such purposes by a Federal, State, or local health, law enforce-
ment or other appropriate agency;
(ii) Establishing an on-going drug-free awareness program to
inform employees about —
(a) The dangers of drug abuse in the workplace;
(b) The grantees policy of maintaining a drug -five workplace;
(c) Any available drug counseling, rehabilitation, and employ-
ee assistance programs; and
(d) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(iii) Making it a requirement that each employee to be
engaged in the performance of the grant be given a copy of
the statement required by paragraph (i);
(iv) Notifying the employee in the statement required by
paragraph (i) that, as a condition of employment under the
grant the employee will —
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for
a violation of a criminal drug statute occurring in the work-
place no later than five calendar days after such conviction;
(v) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph 00b) from an
employee or otherwise receiving actual notice of such convic-
tion. Employers of convicted employees must provide notice,
including position title, to: COPS Office, 1100 Vermont Ave.,
NW, Washington, DC 20530. Notice shall include the identifi-
cation number(s) of each affected grant,*
-
(vi) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (iv)(b), with
respect to any employee who is so convicted —
(a) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as amend-
ed; or
(vii) Making a good faith effort to continue to maintain a
drug-free workplace through implementation of paragraphs
(i), (u), (iii), (iv), (v), and (i).
B. The grantee may insert in the space provided below the site(s)
for the perfomiance of work done in connection with the specific
grant:
Place of Performance (sleet address, city, county, state, zip code)
Check O if there are workplaces on file that are not identified
here.
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal
year, a copy of which should be included with each application
for Department of Justice funding. States and State agencies may
elect to use OJP Form 4061/7.
Check O if the State has elected to complete OJP Form 4061/7.
4. Coordination
The Public Safer• Partnership and Community Policing Act of 1994
requires applicants to certify that there has been appropriate coordi-
nation with all agencies that may be affected by the applicant's grant
proposal if approved. Affected agencies may include, among others,
the Office of the United States Attorney, state or local prosecutors, or
correctional agencies. The applicant certifies that there has been
appropriate coordination with all affected agencies.
S. Non -Supplanting
The applicant hereby certifies that Federal ftylds will not be used to_ _
replace or supplant State or local funds, or funds supplied by the
Bureau of Indian Affairs, that would, in the absence of federal aid, be
made available to or for law enforcement purposes.
U.S. Department of Justice
Office of Community Oriented Policing Services
Assurances
hy`
Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing
Services) need to secure your assurance that you (the applicant) will comply with these provisions. If you would like further
infoimation about any of the matters on which we seek your assurance, please contact us.
t.
By your authorized representative's signature, you assure us and certify to us that you will comply with all legal and admin s-
tiative requirements that govern the applicant for aeoeptanoe and use of federal grant funds. In particular, you assure us that:
1. You have been legally and officially authorized by the appropriate
governing body (for example, mayor or city council) to apply for this
grant and that the persons signing the application and these assur-
ances on your behalf are authorized to do so and to ad on your
behalf with respect to any issues that may arise during proces ang of
this application
2 You will comply with the provisions of federal law which lirnit
certain political activities of your employees whose principal
employment is in connection with an activity financed in whole or in
part with this grant These restrictions are set forth in 5 U.S.C. §
1501, et seq.
3. You will comply with the minimum wage and maximum hours
-ovisions of the Federal Fair Labor Standards Act, if they apply to
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4. You will establish safeguards, if you have not done so already, to
prohibit employees from using their positions for a purpose that is,
or gives the appearance of being, motivated by a desire for private
gain for themselves or others, particularly those with whom they
have family, business, or other ties.
5. You will give the Department of Justice or the Comptroller
General access to and the right to ezanune records and documents
related to the grant.
6. You will comply with all requirements imposed by the
Department of lustice as a condition or administrative requirement
of the grant, with the program guidelines, with the requirements of
OMB Circulars A-87 (governing cost calculations) and A-178 or A-
133 (governing audits), with the applicable provisions of the
Omnibus Crime Control and Safe Streets Act of 1968, s amended
with 28 CFR Pan 66 (Uniform Administrative Requirements), with
the provisions of the current edition of the COPS Universal Hiring
Ctivners Manual, and with all other applicable laws, orders, regula-
tions, or circulars.
7. You will, to tfw extent practicable and consistent with applicable
late; seek, recant. and fun• qualified mombem of racial and ethnic
nvnorily group, and qualified twnnxm in Orcin to funhcr effective
lar,' enforvvm •nt hw inc oaring their ranks walun the sworn Ansi.
'ono ui enur al;rn; w.
8. You will not, on the ground of race, color, religion, national origin,
gender, disability or age, unlawfully exclude any person from partic-
ipation in, deny the benefits of or employment to any person, or sub -
)ed any person to discrimination in connection with any programs
or activities funded in whole or in part with federal funds. These
civil rights requirements are found in the nondiscrimination provi-
sions of the Omi*us Crime Control and We Streets Act of 1968, as
amended (42 U.S.C. § 3789(d)); Title VI of the Civil Rights Act of
1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25
U.S.C. §§ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as
arrended (29 U.S.C. § 794); Title It, Subtitle A of the Americans with
Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age
Discrimination Act of 1975 (42 USC. § 6101, et seq.); and
Department of Justice Non -Discrimination Regulations contained in
Title 28, Parts 35 and 42 (subparts C, D, E and C) of the Code of
Federal Regulations
A In the event that any court or administrative agency makes a
finding of discrimination on grounds of race, color, religion,
national origin, gender, disability or age agairsst you after a due
process hearing, you agree to forward a copy of the finding to the
COPS Legal Division,1100 Vermont Avenue, N.W., Washington,
DC 20530.
B If you are applying for a grant of $500,000 or more and
Department regulations (28 CFR 42.301 et seq.) require you to
submit an Equal Opportunity Employment Plan, you will do so
at the time of this application, if you have not done so in the past.
If you are applying for a grant of less than$5,X,000 and the regu-
lations require you to maintain a Plan on We in your office, you
will do so within 120 days of your grant award.
9. You will insure that the facilities under your ownership, lease or
supervision which shall be utilized in the accomplishment of the
project are not listed on the Environmental Protection Agency's
(EPA) list of Violating Facilities and that you will notify us of you arc
advised by the EPA indicating that a facility to be used in thi> grant
is under consideration for listing by EPA.
10. If your stale has established a inview and comment pmcedum
under Executive Order 1222372 and has s. I cu•d tfu, pmf;rmn for
revww, You hove made thie apt-0ictlion av,idahb for rvYucta by ihr
Statc Srnf;le Pcnnt of Conla•1