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HomeMy WebLinkAbout07-123 Resolution No. 07-123 RESOLUTION AUTHORIZING ACCEPTANCE OF AN INTERAGENCY AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR DOMESTIC VIOLENCE CASE WORKERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor,be and is hereby authorized and directed to execute an Interagency Agreement on behalf of the City of Elgin with the Illinois Criminal Justice Information Authority for two part-time domestic case workers, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 23, 2007 Adopted: May 23, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton,Acting City Clerk r 'c t OF Ezcs` 9 CIE City of Elgin fib ib 4'irLutca January 29, 2009 RE: Resolution No. 07-123 Agreement with the Illinois Criminal Justice Information Authority for Domestic Violence Case Workers To Whom It May Concern: The document listed above was sent out for signatures to another entity and an executed copy was never returned to the City Clerk's office for record retention. Attached is the un-executed copy that was sent out for signature. Thank you. SPED MESSAGE ro , FROM y • ) II )JOI2j W ) t9___,, 'A, • 1 - ,,,.), A.tz , 1., 11-T-, LI i60 )1- a5 ' . . . 1 SUBJECT \� g� •�>,, 7�"'ed-{lL. ATE .6 \., \\, ' t--1 \') \\A)6.2) .4 _ c, r, ,,- e -r Ili 4.2 -....'• - lik Iii t4 PiliMUMMIK ii . '.i i. • 111 _..Aa'k' _ b D • ... A. ! % ) : "Y' 1. - r I 1. J\► . ► I 111 Al , 1 IIRVP; . A r A 1 I \ 1 , , 1. b \--AA- ‘°A.MINIIA. • 11 i ... SIGNE 5 Lb giWilsonJeeeS® WHITE-ORIGINAL CANARY-DUPUCATE 44-900•Duplicate I . PROGRAM TITLE Law Enforcement&Prosecuter-Based Victim Assistance Services AGREEMENT NUMBER: 206046 PREVIOUS AGREEMENT NUMBER(S): 204546 ESTIMATED START DATE: March 2007 SOURCES OF PROGRAM FUNDING: Victims of Crime Act FF1''06 Funds. $40,042 Matching Funds: $ 1001 1 Over-Matching Funds: $ 15,819 Total: $65,872 IMPLEMENTING AGENCY: City of Elgin/Police Department ADDRESS: 150 Dexter Court Elgin, IL 60120 FEDERAL EMPLOYER IDENTIFICATION NUMBER: 36-6005862 AUTHORIZED OFFICIAL: Ed Schock TITLE: Mayor, City of Elgin...< . TELEPHONE: 847-931-5595 PROGRAM FINANCIAL OFFICER: Jim Nossicki TITLE: Fiscal Services Manager t TELEPHONE: 847-931-5625s1 PROGRAM AGENCY: ` v.;,...,vey, City of Elgin,Police Department, Social Services Unit 'twa ADDRESS: 151 Douglas Avenue Elgin,IL 60120 �l S ��... PROGRAM DIRECTOR: JoAnn Stingley ` �t tt, > � '� TITLE: Victims Assistance Coordinator TELEPHONE: 847-289-2686 E-MAIL: stingleYi@cityofelgin.org FISCAL CONTACT PERSON: Bob Beeter AGENCY: Elgin Police Department TITLE: Deputy Chief TELEPHONE: 847-289-2762 FAX: 847-289-2750 E-MAIL: beeter_b@cityofelgin.org PROGRAM CONTACT PERSON: JoAnn Stingley TITLE: Victims Assistance Coordinator TELEPHONE: 847-289-2686 FAX: 847-289-2642 E-MAIL: stingley_j@cityofelgin.org City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 INTERAGENCY AGREEMENT Victims of Crime Act Victim Assistance Grant Progyam This interagency agreement is entered into by the Illinois Criminal Justice Information Authority,with its offices at 120 South Riverside Plaza,Chicago,Illinois 60606,hereinafter referred to as the"Authority",and the City of Elgin on behalf of the Elgin Police Department,hereinafter referred to as the"Implementing Agency,"with its principal offices at 150 Dexter Court,Elgin,Illinois,60120,for implementation of the Law Enforcement Prosecutor-Based Victim Assistance Services Program. WHEREAS,Section 7(k)of the Illinois Criminal Justice Information Act(20 ILCS 3930/7(k))establishes the Authority as the agency"to apply for,receive,establish priorities for,allocate,disburse and spend grants of funds that are made available...from the United States pursuant to the federal Crime Control Act of 1973,as amended,and similar federal legislation,and to enter into agreements with the United States government to further the purposes of this Act,or as may be required as a condition of obtaining federal funds;"and WHEREAS,pursuant to the Authority's rules entitled"Operating Procedures for the Administration of Federal Funds," (20 Illinois Administrative Code 1520 et seq.)the Authority awards federal funds received by the State of Illinois pursuant to the Victims of Crime Act and enters into interagency agreements with state agencies,units of local government,and not-for-profit organizations for the use of these federal funds;and WHEREAS,pursuant to the Victims of Crime Act,the Authority has been designated as the State agency responsible for administering this program;and WHEREAS,the Authority designated the Implementing Agency to receive funds for the purpose of implementing a program to address one of the named areas. NOW,THEREFORE,BE IT AGREED by and between the Illinois Criminal Justice Information Authority and the Implementing Agency as follows: SECTION 1. DEFINITIONS "Program": means a planned,integrated approach to an identified problem which is characterized by clear goals, measurable objectives,the implementation of strategies to achieve those objectives and a mechanism for assessing the effectiveness of those strategies. SECTION 2. PERIOD OF PERFORMANCE AND COSTS INCURRED The period of performance of this agreement shall be from March 1,2007 through February 29,2008. Costs incurred before the execution date of this agreement may be charged to this agreement if included in Exhibit B,incurred during the period of performance,and the Implementing Agency performed in accordance with the terms and conditions of this agreement. The Authority shall not be responsible for costs incurred before or after the period of performance of this agreement. SECTION 3. COMMENCEMENT OF PERFORMANCE If performance has not commenced within 60 days of the original starting date of this agreement,the Implementing Agency agrees to report by letter to the Authority the steps taken to initiate the program,the reasons for the delay,and the expected starting date. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 1 City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 If the program is not operational within 90 days of the starting date of this agreement,the Implementing Agency agrees to submit a second letter to the Authority explaining the implementation delay.The Authority may at its discretion either cancel this agreement or extend the implementation date of the program past the 90-day period. If the program is interrupted for more than 30 days after commencement,due to loss of staff or any other reason,the Implementing Agency agrees to notify the Authority in writing explaining the reasons for the interruption and the steps being taken to resume operation of the program.The Authority may,at its discretion,reduce the amount of federal funds awarded and/or terminate this agreement if the program is interrupted for more than 90 days. If this agreement is terminated due to this section,the Authority will only pay for those services rendered as of the date service delivery ceased.Any funds advanced to the Implementing Agency and not expended as of that date shall be repaid to the Authority upon notification by the Authority. SECTION 4. PAYMENT The maximum amount of federal funds payable under this agreement is$40,042 is dependent on the expenditure of matching funds as described in this agreement and Exhibit B,and the performance of the Implementing Agency in accordance with the terms and conditions of this agreement. The Authority agrees to make payment to the Implementing Agency for the administration and implementation of the program described in Exhibit A.Upon receipt of the fiscal and progress reports described in this agreement,quarterly payments will be made to the Implementing Agency.No payment will be made until all outstanding reports are received by the Authority,including outstanding reports from previously funded Authority programs.In addition, due to the unique requirements of the program being funded,the Implementing Agency may request that an advance payment be made during any quarter and must include supporting documentation with the request. Requests for advance payment are subject to review and approval.No payment will be made to an Implementing Agency unless and until the Implementing Agency is in full compliance with applicable state and federal laws and the terms and conditions of this agreement. The Implementing Agency must provide for the deposit of program funds,including federal and matching funds,into a bank account in the name of the Implementing Agency,either depositing such funds into an account separate from any of its other bank accounts or treating such funds as a separate line item per its budget and audited fmancial statements. Federal funds shall be immediately deposited into such bank account. SECTION 5. MATCH The Implementing Agency certifies that it(a)meets the requirements of this agreement and(b)has at least 20 percent of its support(including in-kind contributions)from sources other than federal funds for the program described in Exhibit A.Therefore one dollar in cash or in-kind match is required for each four dollars of federal funding received. Failure of the Implementing Agency to apply non-federal financial support to the program described in Exhibit A in the amount of at least 20 percent of such program's costs,shall result in a proportionate reduction in the amount of federal funds awarded under this agreement and may result in the return of funds already awarded.To meet this matching funds requirement,the Implementing Agency shall apply non-federal fmancial support to the program,as described in Exhibit B. SECTION 6. NON-SUPPLANTATION The Implementing Agency certifies that VOCA funds will not be used to supplant(replace)State or local funds. VOCA funds must increase the amount that would otherwise be available to the Implementing Agency for the types of activities eligible for funding under the Victims of Crime Act. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 2 City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 SECTION 7. FUNDING ELIGIBILITY REQUIREMENTS Implementing Agency certifies that it,and its subcontractors,shall use VOCA and match funds for only allowable services, activities and costs,as described in the Victims of Crime Act Crime Victims Assistance Program Guidelines; Section E. Services,Activities,and Costs at the Subrecipient Level. The Implementing Agency certifies that only those costs related to the delivery of direct services to victims of crime shall be paid pursuant to this agreement,in accordance with Exhibit B. In administering the program described in Exhibit A the Implementing Agency agrees that it: (a) Is a nonprofit organization or public agency that provides services to victims of crime; (b) Has a record of providing effective service to victims of crime and at least 20 percent of its financial support (including in-kind contributions)is from non-federal sources;or,if it has not yet demonstrated a record of providing services,it can demonstrate that 25-50 percent of its financial support comes from non-federal sources; (c) Utilizes volunteers; (d) Promotes coordinated public and private efforts within the community served to aid crime victims; (e) Assists victims in seeking available crime victim compensation benefits; (f) Maintains statutorily required civil rights statistics on victims served by race,national origin,sex,age,and disability,where such statistics are voluntarily provided by those receiving assistance,and permits reasonable access to its books,documents,papers,and records to determine whether the Implementing Agency is complying with applicable civil rights laws;this requirement is waived when the Implementing Agency is providing a service,such as telephone counseling,where soliciting the information may be inappropriate or offensive to the crime victim; (g) Provides services to victims of federal crimes on the same basis as victims of State and local crimes; (h) Provides services to crime victims,at no charge,through the program described in Exhibit A;and (i) Maintains confidentiality of client-counselor information,as required by State and federal law. Implementing Agency certifies that it,and its subcontractors,shall not use VOCA or match funds to pay for presentations given by VOCA or match funded personnel,unless the following conditions are adhered to. These presentations should serve as a means of reaching the project's target population either through outreach to individual crime victims or through agencies that typically have contact with the target population. • VOCA or match funded staff time,not to exceed an average of 4 hours per month,may be used to provide public presentations to community groups and schools provided the primary purpose of the presentation is to inform people about the VOCA funded project and available services. • VOCA or match funded staff time,not to exceed an average of 10 hours per month,may be used to provide public presentations to criminal justice personnel and medical service providers provided the primary purpose of the presentation is to inform people about the VOCA funded project and available services. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 3 City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 SECTION 8. PROGRAM DESCRIPTION,BUDGET,EXHIBITS AND AMENDMENTS The Implementing Agency agrees to undertake and perform in a satisfactory manner in accordance with the terms and conditions of this agreement,the program described in the Program Description attached and incorporated as Exhibit A and the Budget attached and incorporated as Exhibit B. The documents appended are made a part of this agreement,as exhibits and amendments as the case may be.Any amendment to this agreement must be signed by the parties to be effective. The Implementing Agency shall perform the services subject to this agreement in accordance with all terms,conditions,and provisions set forth in such exhibits and amendments. SECTION 9. OBLIGATIONAL LIMITATION Payment under this agreement is subject to passage of a suitable and sufficient appropriation by the Illinois General Assembly.Obligations of the State of Illinois will cease immediately without penalty of further payment being required in any fiscal year should the actions of the General Assembly or any applicable funding source result in the failure to appropriate or otherwise make available sufficient funds for this agreement. SECTION 10. FINANCIAL CAPABILITY The Authority may, in its discretion,require the Implementing Agency to provide documentation on its financial capability. This may include, but is not limited to,copies of the Implementing Agency's annual report, credit reports,delinquency status of Federal debt,and assurances on the adequacy of the Implementing Agency's accounting system and operations. The Implementing Agency must comply with federal and state financial management standards. SECTION 11. REPORTING AND EVALUATION REQUIREMENTS Unless another reporting schedule has been required or approved by the Authority,the Implementing Agency agrees to submit the following minimum data to the Authority on a quarterly basis,with quarters beginning at the start of the calendar year,within 15 days following the quarter covered by the report: a) Victim Statistics:Total number of victims and significant others served by program,type of crime, type of services provided,race,sex,age,national origin and disability,where such information is voluntarily furnished by those receiving services;and b) Staff Information:Number of hours and types of service contributed during the reporting period by paid and volunteer staff. The Implementing Agency agrees to submit the following information as required by the Authority: a) Changes that have been made in the program since receiving the federal funds that will benefit victims of crime; b) A short description of how the program has coordinated its activities with other service providers in the community; c) A short description of how the program has assisted crime victims in seeking available crime victim compensation benefits; d) Victim statistics,including the total number of victims served by criminal justice status(i.e. reporting/non-reporting,prosecution/non-prosecution); ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 4 • City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 e) Staff information,including the number of hours of training received by volunteers and paid staff; 0 Program information and activities,including the number of hours of training presented,number of hours of public information and education programs presented;and g) Number of referrals to/from other agencies. Unless another reporting schedule has been required or approved by the Authority,the Implementing Agency is also required to submit quarterly fiscal reports and to file year-end program fmancial status reports.The Executive Director of the Authority will determine the content and form of these reports. The Implementing Agency agrees to report any additional information required by the Executive Director of the Authority. SECTION 12. MAINTENANCE OF RECORDS The Implementing Agency agrees to maintain records which document activity reported to the Authority pursuant to this agreement.Such records shall be accessible to the Authority for monitoring purposes no more than 10 days following a request that such records be produced by the Implementing Agency.Inability of the Implementing Agency to produce such records or failure to produce such records shall be cause for suspension or termination of this agreement. The Implementing Agency agrees to retain fmancial and program records for a minimum of 3 years after the expiration date of this agreement,or 3 years after closure of Implementing Agency's most recent audit report, whichever is later.The Implementing Agency shall maintain,for this 3-year period,adequate books,records,and supporting documents to verify the amounts,recipients,and uses of all disbursements of funds passing in conjunction with this agreement;the agreement and all books,records,and supporting documents related to the agreement shall be available for review and audit by the Auditor General,federal awarding agency personnel,the Authority,or any person duly authorized by the Authority;and the Implementing Agency agrees to cooperate fully with any audit conducted by the Auditor General,the federal awarding agency,the Authority or any person duly authorized by the Authority,and to provide full access to all relevant materials.Failure to maintain the books,records,and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the agreement for which adequate books,records,and supporting documentation are not available to support their purported disbursement. If any litigation,claim,negotiation,audit,review or other action involving the records has been started before the expiration of the 3-year period,the records must be retained until the completion of the action and resolution of all issues that arise from it or until the end of the regular 3-year period,whichever is later. SECTION 13. CLOSE-OUT REQUIREMENTS Within 45 days of the expiration date of this agreement or any approved extension thereof the following documents must be submitted by the Implementing Agency to the Authority:(a)fmal fmancial status report;(b)fmal progress reports;(c)property inventory report;and(d)other documents required by the Authority. SECTION 14.INSPECTION AND AUDIT If required by revised Office of Management and Budget Circular A-133 "Audits of States,Local Governments,and Non-Profit Organizations,"the Implementing Agency agrees to provide for an independent audit of its activities. Audits shall be made annually,unless A-133 allows the Implementing Agency to undergo biennial audits.Audits shall be made in accordance with the Generally Accepted Government Auditing Standards(GAGAS),General Accounting Standards for Audit of Governmental Organizations,Programs,Activities and Functions,the Guidelines for Financial and Compliance Audits of Federally Assisted Programs,any compliance supplements approved by the Office of Management and Budget,and generally accepted auditing standards established by the American Institute of Certified Public Accountants. Copies of all audits must be submitted to the Authority no later than 9 months after the close of the Implementing Agency's audit period. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 5 • • City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 Known or suspected violations of any law encountered during audits,including fraud,theft,embezzlement,forgery, or other serious irregularities,must be immediately communicated to the Authority and appropriate federal,State, and local law enforcement officials. The Implementing Agency agrees to develop and maintain a record-keeping system to document all agreement related activities and expenditures. These records will act as the original source material for compilation of the data required in this agreement and all other program activity. The Authority shall have access for purposes of monitoring,audit and examination to all relevant books,documents, papers,and records of the Implementing Agency,and to relevant books,documents,papers and records of subcontractors. SECTION 15. PROCUREMENT REQUIREMENTS,REQUESTS FOR PROPOSALS All procurement transactions shall be conducted by the Implementing Agency in a manner to provide,to the maximum extent practical,open and free competition.The Implementing Agency must use procurement procedures that minimally adhere to all applicable laws,executive orders and federal guidelines.The Implementing Agency shall also adhere,and assure that its contractors and subcontractors adhere,to all applicable certification and disclosure requirements of the Illinois Procurement Code. The Implementing Agency shall follow its established procurement process if it minimally adheres to applicable federal guidelines,and the following requirements. If the Implementing Agency's established procurement process is less competitive than the following requirements,the following more competitive requirements must be adhered to in lieu of the Implementing Agency's procurement process. • For procurements of$100,000 or less,the Implementing Agency must solicit quotes or bids from at least three sources. • For procurements over$100,000,the Implementing Agency must formally advertise the proposed procurement through an Invitation for Bids(IFB),or a Request for Proposals(RFP)process. All RFPs over$100,000,that involve the use of federal or matching funds,must be submitted by the Implementing Agency to the Authority for review and written approval prior to their issuance.In addition,the Authority reserves the right to request that any RFP or IFB,regardless of its dollar amount,be submitted to the Authority for review and approval prior to its issuance. As required by the Authority,the Implementing Agency shall submit documentation regarding its procurement procedures and grant-funded purchases for Authority review and approval,to assure adherence to applicable federal guidelines. SECTION 16. SUBCONTRACTING The use of subcontractors for any work or professional services that involves the use of federal or matching funds is subject to Authority approval.Any work or professional services subcontracted for shall be specified by written contract and subject to all terms and conditions contained in this agreement.If the use of subcontractors is approved by the Authority,the terms and conditions of this agreement shall apply to and bind the party or parties to whom such work is subcontracted as fully and completely as the Implementing Agency is bound and obligated.The Implementing Agency shall make reasonable efforts to assure that all subcontractors adhere to the terms and conditions of this agreement.The Authority shall not be responsible for the performance,acts or omissions of any subcontractor. Subcontracts over $100,000 that are funded with federal or matching funds must be submitted by the Implementing ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 6 • City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 Agency for Authority review and approval prior to their effective dates and execution by the Implementing Agency. In addition, the Authority reserves the right to require that any subcontract funded with federal or matching funds, regardless of its dollar amount, be submitted to the Authority for review and approval prior to its effective date and execution by the Implementing Agency. As required by the Authority,the Implementing Agency shall submit documentation regarding contracts to be funded with federal or matching funds for Authority review and approval,to assure adherence to applicable federal guidelines. Approval of the use of subcontractors by the Authority does not relieve the Implementing Agency of its obligation to assure performance under this agreement. SECTION 17. ASSIGNMENT The Implementing Agency shall make no assignment or transfer of this agreement,any subcontracts under this agreement or of any of the monies due hereunder without prior written approval of the Authority.In the event that the Authority approves such an assignment or transfer,the terms and conditions of this agreement shall apply to and bind the party or parties to whom such work is assigned or transferred as fully and completely as the Implementing Agency is bound and obligated. SECTION 18. INDEPENDENT CONTRACTOR The Implementing Agency,in the performance of this agreement,shall act as an independent contractor and not as an agent or employee of the Authority.The Authority shall not be responsible for the performance,acts or omissions of the Implementing Agency.The Implementing Agency shall be liable,and agrees to be liable for,and shall indemnity, defend and hold the Authority harmless for all claims,suits,judgments and damages arising from the performance of this agreement,to the extent permitted by law. SECTION 19. MANAGEMENT AND DISPOSITION OF EQUIPMENT AND COMMODITIES Equipment and commodities acquired by the Implementing Agency with agreement funds shall be used for purposes of the program described in Exhibit A only. The Implementing Agency shall retain the equipment and commodities acquired with agreement funds as long as they serve to accomplish program purposes, whether or not the program continues to be supported by federal funds. If the equipment or commodities originally purchased for the program are no longer capable of fulfilling the needs of the program and must be traded in or replaced or there is no longer a need for the equipment or commodities,the Implementing Agency shall request instructions from the Authority. The Authority may deny equipment and commodities costs or require that the Implementing Agency relinquish already purchased equipment and commodities to the Authority, if the Implementing Agency fails to employ an adequate property management system, governing the use, protection and management of such property. The Implementing Agency is responsible for replacing or repairing equipment and commodities that are willfully or negligently lost, stolen, damaged or destroyed. The Implementing Agency shall provide equivalent insurance coverage for equipment and commodities acquired with agreement funds as provided for other equipment and commodities owned by the recipient. Any loss,damage or theft of equipment and commodities shall be investigated and fully documented,and immediately reported to the Authority. If, for an item of equipment described in Exhibit B to be funded with either federal or matching funds, the Implementing Agency does not have a purchase order dated within 90 days after the start date of the agreement,the Implementing Agency shall submit a letter to the Authority explaining the delay in the purchase of equipment. The Authority may, in its discretion: ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 7 • • City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 A. Reduce the amount of federal funding; B. Cancel this agreement; C. Allow the Implementing Agency to reallocate the federal or matching funds that were allocated for such equipment to other allowable,Authority approved costs;or D. Extend the period to purchase this equipment past the 90-day period. Equipment purchased using federal or matching funds shall be year 2000 compliant and shall be able to process all time/date data after December 31, 1999. SECTION 20. CONFLICTS OF INTEREST The Implementing Agency agrees to comply with applicable provisions of the Illinois Procurement Code(30 ILCS 500)prohibiting conflicts of interest,and all applicable terms,conditions and provisions of the code are made a part of this agreement the same as though they were incorporated and included herein. No employee, officer or agent of the Implementing Agency shall participate in the selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. The Implementing Agency shall establish safeguards 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. SECTION 21.IMPLEMENTING AGENCY COMPLIANCE The Implementing Agency agrees to comply with all applicable laws,regulations,and guidelines of the State of Illinois,the Federal Government and the Authority in the performance of this agreement,including but not limited to: The Victims of Crime Act;Office of Justice Programs,Office for Victims of Crime,Victims of Crime Act Victim Assistance Grant Final Program Guidelines(62 FR 19607,April 22, 1997);and the Office of Justice Programs'Financial Guide. Office of Management and Budget Circulars A-21,A-87,A-102,A-110,A-122,and A-133,Executive Order 12372;Illinois Grant Funds Recovery Act(30 ILCS 705);Illinois Procurement Code(30 ILCS 500); State Comptroller Act(15 ILCS 405);Authority Federal Grant Financial Guidelines;and the rules of the Authority(20 Ill.Adm.Code 1520 et seq.). Provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,Administrative Review Procedures;Part 20,Criminal Justice Information Systems;Part 22,Confidentiality of Identifiable Research and Statistical Information;Part 23,Criminal Intelligence Systems Operating Policies;Part 30, Intergovernmental Review of Department of Justice Programs and Activities;Part 38,Equal Treatment for Faith-Based Organizations;Part 42,Non-Discrimination/Equal Employment Opportunity Policies and Procedures;Part 46,Protection of Human Subjects;Part 61,Procedures for Implementing the National Environmental Policy Act;Part 63,Floodplain Management and Wetland Protection Procedures;Part 66, Uniform administrative requirements for grants and cooperative agreements to State and local governments; Part 67,Governmentwide Debarment and Suspension(Nonprocurement);and Part 69,New Restrictions on Lobbying;Part 70,Uniform administrative requirements for grants and agreements(including subawards) with institutions of higher education,hospitals and other non-profit organizations;Part 83,Government- wide requirements for drug-free workplace(Grants). ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 8 City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 Section 8136 of the Department of Defense Appropriations Act of 1988(P.L. 100-463,effective October 1, 1988). National Environmental Policy Act of 1969,42 U.S.C. pars.4321 et seq. National Historic Preservation Act of 1966, 16 U.S.C.pars.470 et seq. Flood Disaster Protection Act of 1973,42 U.S.C.pars 4001 et seq. Clean Air Act of 1970,42 U.S.C.pars. 7401 et seq. Clean Water Act,33 U.S.C. pars. 1368 et seq.; Executive Order 11738;and EPA regulations(40 CFR Part 15). Federal Water Pollution Control Act of 1948,as amended, 33 U.S.C.pars. 1251 et seq. Safe Drinking Water Act of 1974,42 U.S.C.pars. 300f et seq. Endangered Species Act of 1973, 16 U.S.C.pars. 1531 et seq. Wild and Scenic Rivers Act of 1968,as amended, 16 U.S.C.pars. 1271 et seq. Historical and Archeological Data Preservation Act of 1960, as amended, 16 U.S.C. pars.469 et seq. Coastal Zone Management Act of 1972, 16 U.S.C.pars. 1451 et seq. Coastal Barrier Resources of 1982, 16 U.S.C.pars. 3501 et seq. Indian Self Determination Act,25 U.S.C.par.450f. Intergovernmental Cooperation Act of 1968,42 U.S.C. 4201 et seq. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. pars. 4601 et seq. Hatch Political Activity Act of 1940,as amended,5 U.S.C. pars. 1501 et seq. Animal Welfare Act of 1970,7 U.S.C. pars.2131 et seq. Demonstration Cities and Metropolitan Development Act of 1966,42 U.S.C.pars. 3301 et seq. Federal Fair Labor Standards Act of 1938,as amended,29 U.S.C.pars.201 et seq. SECTION 22. NATIONAL ENVIRONMENTAL POLICY ACT AND RELATED LEGISLATION If the Implementing Agency undertakes new activities related to the use of federal grant or matching funds in connection with the program that include one or more of the activities listed below,the Implementing Agency shall assist the Authority and the U.S.Department of Justice,Office for Victims of Crime(OVC), in complying with the National Environmental Policy Act(NEPA)and other related federal environmental impact analyses requirements, including but not limited to those listed in this agreement. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 9 • • City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 The Implementing Agency acknowledges that this section applies to new activities whether or not they are being specifically funded with federal grant or matching funds,in connection with the program.As long as the new activity is being conducted by the Implementing Agency,or any subgrantee,subcontractor,or any third party,and the new activity needs to be undertaken in order to use the federal grant or matching funds in connection with the program, the terms of this section must be met. Prior to obligating federal grant or matching funds in connection with the program,the Implementing Agency must determine if any of the following activities will be related to the use of such federal grant or matching funds. The Implementing Agency must notify the Authority in writing if it will be conducting any of the following activities, when the activity is undertaken in order to use,or is funded with,federal grant or matching funds in connection with the program: • New construction. • Minor renovation or remodeling of a property either(a)listed or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain. • A renovation,lease,or any other proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size. • Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household, recreational,or educational environments. For existing and continuing programs or activities that will be funded with federal grant or matching funds through the Authority,upon request by the Authority as directed by OVC,the Implementing Agency shall cooperate with OVC in any preparation by OVC of a national or program environmental assessment ofthat funded program or activity. SECTION 23. NATIONAL HISTORIC PRESERVATION ACT COMPLIANCE CERTIFICATION If the Implementing Agency is considering renovation work that would alter or otherwise improve the exterior or interior of a structure that will be used to accommodate the grant program,the Implementing Agency certifies it shall assist the Authority and the Office of Victims of Crime(OVC)in complying with the National Historic Preservation Act(NHPA). The Implementing Agency must establish and maintain records to determine if the structure is 50 years or older. If any portion of the structure is 50 years or older,the Implementing Agency shall contact the Authority. The Implementing Agency shall provide the Authority with any information needed to comply with NHPA. This may include assisting the Authority and OVC in consulting with the State Historic Preservation Office and amending the proposed renovation to avoid any potential adverse impact to an historic structure. The Implementing Agency cannot begin the proposed renovation of a structure 50 years or older until the Implementing Agency receives written approval from the Authority. The Implementing Agency acknowledges that this section applies to proposed renovation work whether or not it is being specifically funded with federal grant or matching funds. As long as the proposed renovation is being conducted by the Implementing Agency or any third party to accommodate the use of the federal grant or matching funds,the Implementing Agency must assist the Authority and OVC in complying with the NHPA. If the records established and maintained by the Implementing Agency clearly document that the structure is less than 50 years old,the Implementing Agency must submit these documents to the Authority to receive approval for the proposed renovation being exempt from the NHPA. ILLINO IS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 10 City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 SECTION 24. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION If the Implementing Agency has 50 or more employees and is receiving at least$25,000 through this agreement or another grant subject to 28 CFR Part 42(Nondiscrimination;Equal Employment Opportunity;Policies and Procedures),the Implementing Agency shall formulate,implement and maintain an equal employment opportunity program in accordance with 28 CFR Part 42. If required by this section,the Implementing Agency certifies that an equal employment opportunity program will be in effect during the period of performance of this agreement.In addition,an Implementing Agency receiving$500,000 or more through this agreement,or$1,000,000 or more in aggregate grant funds in an 18 month period,shall submit a copy of its equal employment opportunity plan to the Authority. The Implementing Agency shall complete and submit an EEO Plan Certification to the Authority.This Certification will indicate if the Implementing Agency is required to have an EEO Plan or if the Implementing Agency is exempt from this requirement. SECTION 25. CIVIL RIGHTS COMPLIANCE CERTIFICATION The Implementing Agency certifies that no person shall be excluded from participation in,denied the benefits of, subjected to discrimination under,or denied employment in connection with any activity funded under this agreement on the basis of race,color,age,religion,national origin,disability,or sex.The Implementing Agency agrees to have written sexual harassment policies which satisfy the requirements set forth in the Illinois Human Rights Act.(775 ILCS 5). The Implementing Agency assures compliance with the following laws,and all associated rules and regulations: Non-Discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as amended, 42 U.S.C.3789(d); Title VI of the Civil Rights Act of 1964,as amended; Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons(Federal Register,June 18,2002, Volume 67,Number 117,Page 41455-41472),and Executive Order 13166 Limited English Proficiency Resource Document: Tips and Tools from the Field; - Section 504 of the Rehabilitation Act of 1973,as amended; The Americans with Disabilities Act,42 U.S.C. 12101 et seq.; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; The Department of Justice Non-Discrimination Regulations,28 CFR Part 42,subparts C,D,E,and G; The Department of Justice regulations on disability discrimination,28 CFR Part 35 and Part 39; The Department of Education Non-Discrimination Regulations,34 CFR Part 106; The Illinois Human Rights Act, 775 ILCS 5; The Public Works Employment Discrimination Act,775 ILCS 10; ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 11 • City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 The Illinois Environmental Barriers Act,410 ILCS 25; - The Illinois Business Enterprise for Minorities,Females,and Persons with Disabilities Act,30 ILCS 575; The State Prohibition of Goods from Forced Labor Act,30 ILCS 583. All applicable provisions,rules and regulations of these Acts are made a part of this agreement by reference as though set forth fully herein. The Implementing Agency shall complete and submit a Civil Rights Certification. In the event that a federal or State court or administrative agency has made a fmding of discrimination within the past 5 years after a due process hearing on the grounds of race,color,age,religion,national origin,disability,or sex against the Implementing Agency,or any subgrantee or contractor of the Implementing Agency,the Implementing Agency will forward a copy of the finding to the Authority along with the Certification.The Authority will forward a copy of the fmding to the Office for Civil Rights,Office of Justice Programs. The Implementing Agency certifies that it shall not pay any dues or fees on behalf of its employees or agents or subsidize or otherwise reimburse them for payment of their dues or fees to any club which unlawfully discriminates, and that it shall comply with all provisions of the Discriminatory Club Act(775 ILCS 25). SECTION 26. CONFIDENTIALITY OF INFORMATION The Implementing Agency agrees not to use or reveal any research or statistical information furnished under this program by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with this program and all applicable federal guidelines and legislation. Such information shall be immune from legal process and shall not,without the consent of the person furnishing the information,be admitted as evidence or used for any purpose in any action,suit or other judicial, legislative or administrative proceeding. SECTION 27. DEBARMENT AND A DRUG-FREE WORKPLACE CERTIFICATION As required by the Authority, the Implementing Agency shall complete and submit the Certification Regarding A Drug-Free Workplace and shall certify that neither it nor its principals are presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. The Implementing Agency certifies that it has not been barred from contracting with any unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961,as amended. SECTION 28. LOBBYING CERTIFICATION Federal funds are prohibited from being used for influencing or attempting to influence persons in connection with covered federal transactions,which include the awarding,making,entering into, extension,continuation,renewal, amendment,or modification,of federal grants or contracts. No funds under this grant may be used,either directly or indirectly,to support the enactment,repeal,modification,or adoption of any law,regulation,or policy,at any level of government. If receiving more than$100,000 pursuant to this agreement,Implementing Agency agrees to provide a Certification Regarding Lobbying to the Authority and,if applicable,a Disclosure of Lobbying Activities form. If a subcontractor will receive more than$100,000 in federal funds pursuant to this agreement,Implementing Agency will provide to the Authority a Certification Regarding Lobbying and,if applicable,a Disclosure of Lobbying Activities form signed by the subcontractor.The Implementing Agency must provide these certifications and disclosures as required by the Authority. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 12 • City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 SECTION 29. INTERNATIONAL ANTI-BOYCOTT CERTIFICATION The Implementing Agency certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S.Export Administration Act of 1979;or the regulations of the U.S.Department of Commerce promulgated under that Act. SECTION 30. DRUG FREE WORKPLACE CERTIFICATION If the Implementing Agency has 25 or more employees and is receiving$5,000 or more under this agreement,the Implementing Agency certifies that it provides,and will continue to provide,a drug free workplace in accordance with the Drug Free Workplace Act(30 ILCS 580). The Act requires that no grantee or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that grantee or contractor has certified to the State that the grantee or contractor will provide a drug free workplace.False certification or violation of the certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five(5)years. For the purpose of this certification, "grantee"or"contractor"means a corporation,partnership,or other entity with twenty-five(25)or more employees at the time of issuing the grant,or a department,division,or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more fi vni the State. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing 3 statement: (1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance, including cannabis,is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation,and employee assistance program;and (4) the penalties that may be imposed upon an employee for drug violations. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 13 City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,any employee who is so convicted,as required by section 580/5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment,and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. SECTION 31. DISCLOSURE OF SOLICITATION FOR EMPLOYMENT The Implementing Agency shall notify the Authority's Ethics Officer if the Implementing Agency solicits or intends to solicit for employment any of the Authority's employees during any part of the award funding process or during the term of any interagency agreement awarded. SECTION 32. ELIGIBILITY FOR EMPLOYMENT IN THE UNITED STATES The Implementing Agency shall complete and keep on file,as appropriate,the Immigration and Naturalization Service Employment Eligibility Form(I-9). This form shall be used by the Implementing Agency to verify that persons employed by the Implementing Agency are eligible to work in the United States. SECTION 33. DISPOSITION REPORTING CERTIFICATION The Implementing Agency certifies that it is in compliance with the reporting provisions of the Criminal Identification Act(20 ILCS 2630),when applicable,and agrees to cooperate with the Authority and other parties in the implementation of the State's Criminal Records Improvement Plan,developed by the Authority pursuant to federal law. SECTION 34.CRIMINAL INTELLIGENCE SYSTEM OPERATING POLICIES CERTIFICATION If the program described in Exhibit A is subject to requirements of the Criminal Intelligence System Operating Policies,28 CFR Part 23,the Implementing Agency certifies to the Authority that the program shall conform with the operating policies set forth in 28 CFR Part 23.20 and meets funding criteria set forth in 28 CFR Part 23.30. If the program is subject to these requirements,the Implementing Agency shall cooperate with specialized monitoring and auditing of the program as may be required by 28 CFR Part 23.40(a),and shall comply with operating policies required by 28 CFR Part 23.40(b). SECTION 35. COPYRIGHTS,PATENTS If this agreement results in a copyright,the Authority and the Office for Victims of Crime reserve a royalty-free, nonexclusive and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for government purposes,the work or the copyright to any work developed under this agreement and any rights of copyright to which a grantee,subgrantee or a contractor purchases ownership with grant support. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 14 City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 If this agreement results in the production of patentable items,patent rights,processes,or inventions,the Implementing Agency shall immediately notify the Authority.The Authority will provide the Implementing Agency with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest,in accordance with federal guidelines. SECTION 36. STATEMENTS,PRESS RELEASES,ETC. When issuing statements,press releases,requests for proposals,bid solicitations,and other documents describing projects or programs funded in whole or in part with federal money,the Implementing Agency shall clearly state(1) the percentage of the total cost of the program or project which will be financed with federal money,and(2)the dollar amount of federal funds for the project or program. SECTION 37. PUBLICATIONS The Implementing Agency shall submit to the Authority for review,a draft of any publication that will be issued by the Implementing Agency describing or resulting from programs or projects funded in whole or in part with federal or matching funds,no later than 60 days prior to its printing. For publications over 20 pages,the Authority will submit comments to the Implementing Agency no later than 30 days after receipt of the draft.If more than one such publication is submitted,the Authority reserves the right to extend the 30-day review period. For publications of 20 pages or less,the Authority will submit comments to the Implementing Agency no later than 10 working days after receipt of the draft.If more than one such publication is submitted,the Authority reserves the right to extend the 10-day review period. The Authority reserves the right to require the resubmission of any publication for additional review and comment,prior to its printing. The Implementing Agency shall submit to the Authority,copies,the number of which will be specified by the Authority, of the final publication no later than 20 days prior to release of the fmal publication. Exceptions to the above publication requirements may be granted upon prior Authority approval. My such publication shall contain the following statement: "This project was supported by Grant#2006-VA-GX-0054,awarded by the Office for Victims of Crime,Office of Justice Programs,U.S.Department of Justice,through the Illinois Criminal Justice Information Authority.Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S.Department of Justice,or the Illinois Criminal Justice Information Authority." Publications subject to these requirements include any planned,written,visual or sound materials,including but not limited to,brochures,booklets,videos,posters,radio and television announcements,training fliers,interim or fmal reports,and conference and presentation materials,that are substantively based on the project and prepared by the Implementing Agency. These requirements are inapplicable to press releases,newsletters and issue analyses. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 15 City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 SECTION 38. FEDERAL TAXPAYER IDENTIFICATION NUMBER Under penalties of perjury,the Implementing Agency certifies that the name,correct taxpayer identification number, and legal status listed below are correct: Name: City of Elgin on behalf of the Elgin Police Department Taxpayer Identification Number: Social Security Number or Employer Identification Number 36-6005862 (If you are an individual, enter your name and SSN as it appears on your Social Security Card. If completing this certification for a sole proprietorship, enter the owner's name followed by the name of the business and the owner's SSN or EIN. For all other entities, enter the name of the entity as used to apply for the entity's EIN and the EIN.) J.eg l Statuj(check one): Individual X Governmental Sole Proprietor Nonresident Alien Partnership/Legal Corporation Estate or trust Tax-exempt Pharmacy(Non-Corp.) Corporation providing or billing Pharmacy/Funeral Home/Cemetery(Corp.) medical and/or health care services Other: Corporation NOT providing or billing medical and/or health care services SECTION 39. FEDERAL GRANT INFORMATION By signing this agreement,the Implementing Agency acknowledges that it has been informed of the following information regarding the federal funds received under this agreement: • Federal Awarding Agency:Office of Justice Programs,Office for Victims of Crime • Catalog of Federal Domestic Assistance(CFDA)Number and Title: 16.575 Crime Victims Assistance • Grant Award Name and Number: Crime Victim Assistance Grant Program(2006-VA-GX-0054) • Grant Award Year: Federal Fiscal Year 2006 SECTION 40. RENEGOTIATION,MODIFICATION,OR AMENDMENT OF THE INTERAGENCY AGREEMENT No alteration,variation,modification,termination,addition to or waiver of any provisions of this agreement shall be valid or binding unless in writing,and signed by the parties.For purposes of modification of this agreement which do not involve increases or decreases in funding,the signature of one representative of the Implementing Agency is sufficient. The parties agree to renegotiate,modify,or amend this agreement to ensure continued consistency with federal and State laws,and regulations. SECTION 41. INTEGRATION This document and the exhibits,amendments,and items incorporated by reference constitute the entire agreement between the parties pertainingto the matter of this agreement subjectg ement and supersede all prior and contemporaneous agreements and understandings of the parties, oral or written,which are not fully expressed herein.No alleged ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 16 • City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 covenant,representation,or condition not expressed in this agreement shall affect or be effective to interpret, change or restrict the express provisions of this agreement. SECTION 42. SEVERABILITY If any term or provision of this agreement is held invalid,unenforceable,voidable or void,that term or provision shall not affect the other terms or provisions of this agreement which can be given effect without the invalid term or provision. SECTION 43. TERMINATION OR SUSPENSION OF THE INTERAGENCY AGREEMENT The Executive Director of the Authority may suspend or terminate performance of this agreement, in whole or in part, when an Implementing Agency fails to comply with any State or federal law or regulation or with the terms or conditions of this agreement. The Authority may take one or more of the following actions: • Temporarily withhold cash payments pending correction of the deficiency by the Implementing Agency • Disallow all or part of the cost of the activity or action not in compliance • Wholly or partly suspend or terminate the current agreement • Withhold further awards to the Implementing Agency • Pursue other legal remedies,as applicable. If the Authority terminates an agreement, the Authority will notify the Implementing Agency in writing of its decision, specify the reason, afford the Implementing Agency a reasonable time to terminate project operations, and request the Implementing Agency seek support from other sources. An agreement that is terminated pursuant to this section will be subject to the same requirements regarding audit,recordkeeping,and submission of reports as an agreement that runs for the duration of the period of performance. Any appeals will be conducted in accordance with the Authority's Operating Procedures for the Administration of Federal Funds(20 Il.Adm.Code 1520.60). ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 17 e ' City of Elgin on behalf of the Elgin Police Department Law-Enforcement Prosecutor-Based Victim Assistance Services Agreement#206046 SECTION 45. ACCEPTANCE The terms of this interagency agreement are hereby accepted and executed by the proper officers and officials of the parties hereto: Lori G.Levin Date Executive Director Illinois Criminal Justice Information Authority Ed Schock Date Mayor City of Elgin t Jim Nowicki Date Fiscal Services Manager City of Elgin Robert Beeter Date Deputy Chief Elgin Police Department ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Federal and State Grants Unit 18 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certifi- cation, such prospective participant shall attach an explanation to this proposal. ED cC4c k1 M ts n2 Name and Title of Authorized Represenve ..57. ci/0 7 ignature Date Name of Organization \5.D QX\- Address of Organization OJP FOAM 4061l1 (REV.2/89)Previous editions are obsolete. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed - when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this 'transaction originated may pursue available remedies, including suspension and/or debarment.