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HomeMy WebLinkAboutContracts & Agreements_133-2022SAN BERNARDINO COUNTY San Bernardino County 385 North Arrowhead Avenue San Bernardino CA 92415-0123 Law and Justice Group 909-387 5005 Grant Sub Award PAGE 1OF 25 SUBRECIPIENT NAME AND ADDRESS (Including Zip Code) City of Redlands 35 Cajon Street, PO Box 3005 Redlands, CA 92373 1505 AWARD NUMBER 15PBJA-21 GG-01185-JAGX SUB -AWARD NUMBER 15PBJA-21-GG-01185-JAGX-Redlands SUBRECIPIENT IRS/VENDOR NO 95-6000766 PROJECT PERIOD. FROM 10/01/2020 TO 09/30/2024 BUDGET PERIOD FROM 10/01/2020 TO 09/30/2024 SUBRECIPIENT DUNS NO 14-555-6747 AWARD DATE 10/08/2021 PREVIOUS AWARD AMOUNT $0 PROJECT TITLE San Bernardino County and Disparate Jurisdictions 2021 Justice Assistance Grant Projects AMOUNT OF THIS AWARD $17,538 TOTAL SUB -AWARD $17 538 SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S) WHICH INCLUDE THE AWARD CONTINUATION SHEETS (PAGES 2-21) AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (4 PAGES) STATUTORY AUTHORITY FOR GRANT Title I of Pub L No 90-351 (generally codified at 34 U.S.0 10151 10726), including subpart 1 of part E (codified at 34 U.S.0 10151 10158) see also 28 U.S.0 530C(a) CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 Edward Byrne Memorial Justice Assistance Grant Program GRANTEE APPROVAL TYPED NAME AND TITLE OF APPROVING OFFICIAL Robert Wickum Chair San Bernardino County Law and Justice Group SIGNATUR.P"OF APPROVING OFFICIAL DATE SUBRECIPIENT ACCEPTANCE TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Charles M Duggan, Jr., City Manager City of Redlands SIGNATURE OF AUTHORIZE OFFICIAL c -.22 -,)002 DATE Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C F R Part 200, as adopted and supplemented by DOJ in 2 C F R Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014 If this FY 2021 award supplements funds previously awarded by OJP under the same award number (e g , funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2021 award For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https //ojp gov/funding/Part2000niformRequirements htm Record retention and access Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C F R 200 333 In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification EE12 Requirement to report actual or imminent breach of personally identifiable information (PII) 2 The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) - - (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200 1) within the scope of an OJP grant - funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130) The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach LE13 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award Successful completion of such a training on or after January 1, 2019, will satisfy this condition In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants Successful completion of such a training on or after January 1, 2019, will satisfy this condition A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https //www ojp gov/training/fmts htm All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award 1E14 Safe policing and law enforcement subrecipients If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process To become certified, law enforcement agencies must meet two mandatory conditions (1) the agency's use of force policies adhere to all applicable federal, state, and local laws, and (2) the agency's use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law For detailed information on this certification requirement, see https //cops usdoj gov/SafePolicingEO 115 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly 3 NAV address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards Requirements of the award, remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award Limited Exceptions In certain special circumstances, the U S Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices Special circumstances as to particular award conditions" (ojp gov/funding/Explore/LegalNotices-AwardReqts htm), and incorporated by reference into the award By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award DOJ, including OJP, also may take other legal action as appropriate Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U S C 1001 and/or 1621, and/or 34 U S C 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U S C 3729-3730 and 3801-3812) Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award TI7 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C F R Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C F R Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries 4 Currently, among other things, 28 C F R Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations The text of 28 C F R Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https //www ecfr gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data rE18 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C F R Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C F R Part 42, specifically including any applicable requirements in Subpart E of 28 C F R Part 42 that relate to an equal employment opportunity program 1E19 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C F R Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C F R Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs " M10 Compliance with 41 U S C 4712 (including prohibitions on reprisal, notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U S C 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U S C 4712 Should a question arise as to the applicability of the provisions of 41 U S C 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance LEI11 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable 5 CA laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3 10 of "Postaward Requirements" in the "DOJ Grants Financial Guide") M12 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws 1E113 Requirements related to "de minim's" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minim's" indirect cost rate described in 2 C F R 200 414(f), and that elects to use the "de minim's" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements The "de minim's" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements M14 Determination of suitability to interact with participating minors SCOPE This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors This requirement applies regardless of an individual's employment status The details of this requirement are posted on the OJP web site at https //ojp gov/funding/Explore/Interact-Minors htm (Award condition Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here M15 Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ 6 If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP ComplianceReporting@ojp usdoj gov For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient The recipient's disclosure must include the following 1 The federal awarding agency that currently designates the recipient high risk, 2 The date the recipient was designated high risk, 3 The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4 The reasons for the high -risk status, as set out by the federal awarding agency 1E116 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https //omp gov/financialguide/DOJ/index htm), including any updated version that may be posted during the period of performance The recipient agrees to comply with the DOJ Grants Financial Guide 1E117 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed Reg 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers n18 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2021) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https //ojp gov/funding/Explore/FY21AppropriationsRestrictions htm, and are incorporated by reference here Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP M19 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this 7 award, if the recipient is designated as "high -risk" for purposes of the DOJ high -risk grantee list IM20 Employment eligibility verification for hiring under the award 1 The recipient (and any subrecipient at any tier) must -- A Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U S C 1324a(a)(1) B Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U S C 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens C Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U S C 1324a(a)(1) D As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings 2 Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition 3 Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition 4 Rules of construction A Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds B Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and 8 use, E-Verify (www e-verify gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Venfy (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds C "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands D Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law E Nothing in this condition, including in paragraph 4 B , shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U S C 1324a(a)(1) Questions about E-Venfy should be directed to DHS For more information about E-Venfy visit the E-Verify website (https //www e-venfy gov/) or email E-Venfy at E-Verify@dhs gov E-Venfy employer agents can email E-Verify at E-VenfyEmployerAgent@dhs gov Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance M21 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information 1 In accepting this award, the recipient -- a represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above, and b certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency 9 2 If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above, and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation, and b it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency IM22 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U S Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement " The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U S Code Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U S Code is to be read as a reference to that statutory provision as reclassified to Title 34 This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements 1E123 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https //om gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees htm /E124 All subawards ("subgrants") must have specific federal authorization 10 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract") The details of the requirement for authorization of any subaward are posted on the OJP web site at https //ojp gov/funding/Explore/SubawardAuthonzation htm (Award condition All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here (D25 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https //www sam gov/ This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM The recipient also must comply with applicable restrictions on subawards ("subgrants") to first - tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https //ojp gov/funding/Explore/SAM htm (Award condition System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here This condition does not apply to an award to an individual who received the award as a natural person (i e , unrelated to any business or non-profit organization that he or she may own or operate in his or her name) IM26 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government See 18 U S C 1913 (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law ) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award See 31 U S C 1352 Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to 11 contact OJP for guidance, and may not proceed without the express prior written approval of OJP 1E127 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000) This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward) The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https //ojp gov/funding/Explore/NoncompetitiveProcurement htm (Award condition Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here 1E128 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https //oip gov/funding/Explore/ProhibitedConduct- Trafficking htm (Award condition Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here Ei29 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of - project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding E130 12 C `'� Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act, or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https //oig justice gov/hotline/contact-grants htm (select "Submit Report Online"), (2) mail directed to U S Department of Justice, Office of the Inspector General, Investigations Division, ATTN Grantee Reporting, 950 Pennsylvania Ave , NW, Washington, DC 20530, and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn Grantee Reporting) at (202) 616-9881 (fax) Additional information is available from the DOJ OIG website at https //oig justice gov/hotline 1E31 FFATA reporting Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https //ojp gov/funding/Explore/FFATA htm (Award condition Reporting Subawards and Executive Compensation), and are incorporated by reference here This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i e , unrelated to any business or non-profit organization that he or she may own or operate in his or her name) 1E132 Cooperating with OJP Monitonng The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to withholdings and/or other restrictions on the recipient's access to award funds, referral to the DOJ OIG for audit review, designation of the recipient as a DOJ High Risk grantee, or termination of an award(s) 1E33 13 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award cE134 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425 E35 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at https / / it ojp gov/ gsp_grantcondition The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended 1E136 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system IM37 Compliance with 28 C F R Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C F R Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable Should OJP determine 28 C F R Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation Should any violation of 28 C F R Part 23 occur, the recipient may be fined as per 34 U S C 10231(c)-(d) The recipient may not satisfy such a fine with federal funds 14 C A04,7 1E138 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C F R Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. L39 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U S C 10231 and 28 C F R Part 22 that are applicable to collection, use, and revelation of data or information The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C F R Part 22 and, in particular, 28 C F R 22.23 (E140 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www ctfli org) The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www ctfli org) 1E141 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds 1Ei42 [Per OJP, this Special Condition only applies to State Administering Agencies ] "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions 15 The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj gov) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https.//ojp gov/funding/Explore/StateMethodsAdmin-FY2017update htm (Award condition "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here E43 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority LE144 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are a New construction, b Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places, c A renovation, lease, or any 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, d 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 education environments, and 16 e Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https //bja gov/Funding/nepa html, for programs relating to methamphetamine laboratory operations Application of This Condition to Recipient's Existing Programs or Activities For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity M45 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C F R 200 305(b)(8)) The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG) The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout M46 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425) Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www bjaperformancetools org) For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation E147 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public 17 1E148 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U S C 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order 1E149 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award As of the first day of the period of performance for the award (October 1, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)) (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed ) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at -risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award M50 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual) M51 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U S C 922 and 34 U S C ch 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other 18 records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records" In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance) DOJ will give great weight to any such evidence in any express written determination regarding this condition M52 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program E53 Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty LE154 Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https //nib gov/topics/technology/body-armor/Pages/compliant-ballistic-armor aspx) In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U S C 10202(c)(1)(A) The latest NIJ standard information can be found here https / / nu gov/ topics/ technology/ body -armor/ pages/ safety -initiative aspx M55 Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5) 19 EE156 BJA- JAG - Withholding of Funds for Application Attachment Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the required application attachment(s) and has issued an Award Condition Modification (ACM) releasing this award condition M57 BJA- JAG - Withholding of funds for budget documentation Withholding of funds Budget narrative or information The recipient may not expend or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and an Award Condition Modification has been issued to remove this condition M58 BJA- JAG - Withholding of Funds for Chief Executive Certification Withholding of funds Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition M59 BJA- JAG - Withholding of Funds for MOU Withholding of funds Memorandum of Understanding The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition Eg160 BJA- JAG Withholding for NIBRS 3 Percent set -aside - DISPARATE Withholding of funds NIBRS set -aside in Disparate jurisdictions The recipient may not expend or draw down any award funds until the recipient submits, and BJA reviews and accepts, documentation of compliance with the required NIBRS 3 percent set -aside by the recipient and each disparate subrecipient, and an Award Condition Modification has been issued to remove this condition For each jurisdiction, including the recipient and disparate subrecipients, such documentation may be either (1) a budget that clearly documents that the jurisdiction has dedicated at least 3 percent of the total amount of their allocation to NIBRS compliance activities, or (2) documentation showing that the jurisdiction has been certified as NIBRS compliant 20 C'445) M61 Recipient integrity and performance matters Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS") The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https.//ojp gov/funding/FAPIIS htm (Award condition Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here I have read and understand the information presented in this section of the Federal Award Instrument. 21 Subrecipient Monitoring Procedures County of San Bernardino Law and Justice Group SAN BERNARDINO COUNTY Grant Award/Sub-Award Process When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for approval Where there is a sub -award to be granted, a Sub -Award Agreement will be prepared by the L&JG (recipient) and approved by the BOS and the subrecipient The appropriate officials will sign the sub -award documents The Sub -Award Agreement will identify the federal award information and applicable compliance requirements, including applicable special conditions for each federal sub -award The Sub -Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable Special Conditions for the sub -award The L&JG's Subrecipient Monitoring Procedures will be included in the Sub -Award Agreement Grant Revenue When notified that a grant award has been made, the Grant Coordinator requests a budget code for the grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget documents for the Board of Supervisors approval Once the budget is established, the Grant Coordinator requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund Timeframes for the drawdown requests will be accomplished in accordance with award requirements specified by the awarding agency The Grant Coordinator maintains a record of revenues requested and received and reconciles the account Disbursement of Funds to Subrecipients When disbursing sub -award funds to subrecipients, the Grant Coordinator will prepare the appropriate payment document The payment document is reviewed and approved by the Chair of the L&JG The ATC processes payments and disbursement of funds To notify subrecipients of the federal award number, CFDA number, and the amount of federal funds at the time of the disbursement of funds, the following steps will be followed • The payment documents will reference the federal award number, CDFA number, and the amount of federal funds • Correspondence will be sent to subrecipients at the time of disbursement identifying the payment and detailing the required federal information Subrecipient Monitoring Requirement Sub -awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide The recipient will include the applicable conditions of this award in any sub -award The recipient is responsible for the following Page 22 C hti'V--) • Ensure that every sub -award is clearly identified to the subrecipient as a sub -award and includes applicable conditions of the federal award • Evaluate each subrecipient's risk of noncompliance with federal statutes, regulations and the terms and conditions of the sub -award for purposes of determining the appropriate subrecipient monitoring procedures • Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to the use of funds • Review financial and performance reports • Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the pass -through entity detected through audits, on -site monitoring visits, and other means • Issue a management decision for audit findings pertaining to the federal award provided to the subrecipient from the pass -through entity as required by 2 CFR 200 521 Management Decision • Verify that every subrecipient who is expected to expend $750,000 or more is audited as required by 2 CFR 200 Subpart F Audit Requirements • Consider whether the results of the subrecipient's audits, on -site monitoring visits or other monitoring indicate conditions that necessitate adjustments to the pass -through entity's own records • Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200 338 Remedies Subrecipient Monitoring Process On -site monitoring of grant -funded projects may be conducted by the U S Department of Justice or the County of San Bernardino At that time, the identified subrecipient agency will be required to provide documentation supporting expenditures, and/or a physical review of items funded through the grant may be requested To ensure full compliance with this legislative mandate, all grant related documentation to include timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location accessible to the person responsible for managing the sub -award, and the agency's chief executive If it is determined funds are not being used for approved purposes, or if proper documentation is not maintained, the amount in question must be returned to the U S Department ofJustice The subrecipient agency may also be deemed ineligible for future federal funding On -Site Monitoring The County of San Bernardino L&JG may conduct on -site monitoring The monitoring will be based upon performance and reported expenditure of funds The monitoring will be based upon performance, tracked through reports and regular correspondence This method will ensure the subrecipient in greatest need for assistance in managing their award is provided the necessary tools to be in full compliance with U S Department of Justice requirements If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring The staff person responsible for managing the sub -award, the staff person assigned to managing fiscal operations, the chief executive of the subrecipient agency, and any other applicable persons directly involved in the oversight of grant funds will be asked to attend Appropriate documentation will also be requested for review During the monitoring, the following items will be reviewed and/or discussed Page 23 invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status reports, performance reports and grant files If the subrecipient is non -compliant with award requirements, the following actions will be taken The County of San Bernardino will assist the subrecipient with the resolution of identified issues, a recommendation to the U S Department of Justice for a federal monitoring of the sub -award will be made, future payments will be withheld until all issues are resolved, and closer oversight of the subrecipient by San Bernardino County will be implemented Project Accounting and Record Keeping Adequate control of funds received to ensure compliance with federal and state regulations and grant sub -award conditions will be accomplished Separate records are maintained for each project to avoid commingling of project funds with other funds Obligation and Expenditure of Funds All Grant funds must be obligated by the termination date of the project Grant funds legally obligated by the termination date must be expended within the timeframe specified within the Grant Contract, Agreement, or Sub -Award Agreement Justice Assistance Grant funds must be expended by the end of the project period Reporting Requirements Submission of financial reports will be accomplished in accordance with the guidelines specified in the Grant Contract, Agreement, or Sub -Award Agreement Subrecipient Audits — Uniform Grant Guidance and OMB Circular A-133 Compliance Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after December 26, 2014, or with the OMB Circular A-133 for federal awards made prior to December 26, 2014 A single or program specific audit is required in any year that a government expends $750,000 or more a year in federal awards Both the Uniform Grant Guidance and the OMB Circular A-133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the term of each grant award As a condition of the sub -award agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including any corrective action plan within 30 days from the date of submission to the FAC The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved Failure of the subrecipient to have audits performed as required may result in the withholding of new discretionary awards and/or withholding of funds Project Closeout The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout activities and final financial reports in conformance with the guidelines required by the awarding agency Inventory Control Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory records to the Grants Coordinator if requested Records shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency As Page 24 equipment or other non -expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub -award file Disposition of equipment will be done in accordance with the awarding agency's guidelines Retention Period Project records must be maintained for the required period after the awarding agency determines that the grantee has met all the project requirements and the project has been accepted for closeout Records will be maintained for a minimum of three years The three-year retention period starts from the date of the submission of the closure of the single audit report which covers the grant period and lasts until completion of any disputes arising prior to the expiration of the three year period, whichever is later APPROVED BY 1, (tic! hat, G Christopher Gardner, Chair Law and Justice Group June 1, 2020 Date Page 25