General Compliance This Agreement is intended to comply with Section 409A or an exemption thereunder and shall be construed and administered in accordance with Section 409A. Notwithstanding any other provision of this Agreement, payments provided under this Agreement may only be made upon an event and in a manner that complies with Section 409A or an applicable exemption. Any payments under this Agreement that may be excluded from Section 409A either as separation pay due to an involuntary separation from service or as a short-term deferral shall be excluded from Section 409A to the maximum extent possible. For purposes of Section 409A, each installment payment provided under this Agreement shall be treated as a separate payment. Any payments to be made under this Agreement upon a termination of employment shall only be made upon a “separation from service” under Section 409A. Notwithstanding the foregoing, the Company makes no representations that the payments and benefits provided under this Agreement comply with Section 409A, and in no event shall the Company be liable for all or any portion of any taxes, penalties, interest, or other expenses that may be incurred by the Executive on account of non-compliance with Section 409A.
CEQA Compliance The District has complied with all assessment requirements imposed upon it by the California Environmental Quality Act (Public Resource Code Section 21000 et seq. (“CEQA”) in connection with the Project, and no further environmental review of the Project is necessary pursuant to CEQA before the construction of the Project may commence.
OSHA Compliance To the extent applicable to the services to be performed under this Agreement, Contractor represents and warrants, that all articles and services furnished under this Agreement meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this Agreement.
FERPA Compliance In connection with all FERPA Records that Contractor may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Contractor is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Contractor (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation:
Program Compliance The School Board shall be responsible for monitoring the program to provide technical assistance and to ensure program compliance.
PCI Compliance A. The Acquiring Bank will provide The Merchant with appropriate training on PCI PED and/or DSS rules and regulations in respect of The Merchants obligations. Initial training will be provided and at appropriate intervals as and when relevant changes are made to such rules and regulations.
HIPAA Compliance If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.
ADA Compliance A. The Americans with Disabilities Act (42 U.S.C. § 12101, et seq.) and the regulations thereunder (28 C.F.R. § 35.130) (“ADA”) prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit, or service. As a condition of receiving this Agreement, the Company certifies that services, programs, and activities provided under this Agreement are and will continue to be in compliance with the ADA.
Status Substantial Compliance Analysis In December 2016, DOJ observed the 40-hour training provided to ECIT officers. Part of the training was postponed due to inclement weather. Nonetheless, training was found to be of good quality. PPB showed a commitment to conducting effective, engaging training. The training provided to ECIT officers complies with the requirements of this Paragraph. As stated above in our assessment of Paragraphs 97 and 98, PPB’s electronic management system for tracking training records is in the process of being implemented. Accordingly, auditable electronic training records for officers should be forthcoming. Technical Assistance Although the training provided to ECIT officers meets the requirements of this Paragraph, comments are offered here as technical assistance, based on observations in December 2016 and best practices. The ECIT training differs from a traditional Memphis Model crisis intervention training insofar as the officers have already received PPB’s patrol crisis intervention training provided to all officers, and the ECIT training is considered an advanced course. The tactics and procedures of PPB’s Crisis Negotiation Team influences ECIT training. This is generally a strength of the program, but also creates some challenges, as it takes away time from verbal and non-verbal de-escalation training to focus on tactical planning that may not be required in most interactions of police with individuals with mental illness or in crisis. To further improve the empathy-building function of the training, it would be preferable to have the community panels (the family panel and NAMI overview) on the first day of the training, and the several hours of ECIT response and crisis communication skills later. Also for PPB to consider: - Using audience response “clickers” to gauge baseline knowledge about mental illness and key concepts; - Changing the “trauma informed care” session to “trauma informed policing” and help students understand why use of force or handcuffing might be re-traumatizing for some individuals; - Addressing trauma experienced by police officers during their work and officer risk of suicide; - Adding a panel of hospital emergency department and Unity Center staff to discuss communication with persons in psychiatric crisis and the civil commitment process; - During scenarios, having more officers take on the primary communicator role, possibly by “freeze framing” scenarios; - Running scenarios until there is a clear outcome, especially when the desired outcome is for the person to agree to voluntarily go for an assessment; and - Including outside PPB leaders in the graduation ceremony. 103. C-I Team members will retain their normal duties until dispatched for use as a C-I Team. BOEC or PPB may dispatch C-I Team members to the scene of a crisis event. Status Substantial Compliance Analysis ECIT members retain their normal duties until dispatched to a call that meets ECIT-specific provisionally approved criteria. XXXX has established protocols to dispatch ECIT officers to the scene of a crisis event that meets these criteria, and PPB officers may specifically call for an ECIT officer when they believe the situation would benefit from ECIT involvement. Technical Assistance The City should continue to inform the community about the ability specifically to request an ECIT officer at the scene of any crisis event.