HomeMy WebLinkAboutContracts & Agreements_105-2022INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF APPLE VALLEY, THE CITIES OF ADELANTO, BARSTOW,
CHINO, COLTON, FONTANA, HESPERIA, HIGHLAND, MONTCLAIR, ONTARIO, RANCHO
CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND, VICTORVILLE,
AND SAN BERNARDINO COUNTY, CA
CONCERNING DISTRIBUTION OF THE
2021 JUSTICE ASSISTANCE GRANT AWARD
This Agreement is made and entered into this 14th day of December, 2021, by and between SAN
BERNARDINO COUNTY, acting by and through its governing body, the Board of Supervisors
(hereinafter referred to as "COUNTY"), and the aforementioned TOWN (hereinafter referred to as
"TOWN") and named CITIES (hereinafter referred to as "CITIES"), acting by and through their
respective governing bodies, the Town Council and City Councils, all of whom are situated within
San Bernardino County, State of California, as follows:
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and -
WHEREAS, each governing body finds that the performance of this Agreement is in the
best interests of all parties, that the undertaking will benefit the public, and that the division of
costs fairly compensates the performing party for the services or functions under this Agreement;
and
WHEREAS, the COUNTY agrees to release to TOWN and CITIES their respective grant
allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%)
for administrative fees, as reflected on Appendix 1 here attached and hereby Incorporated by
reference as part of this agreement; and COUNTY agrees to use the five percent (5%) of JAG
award funds received from TOWN and CITIES under this agreement for administrative fees
toward the administration of TOWN's and CITIES' programs during the entire permissible duration
of sald programs; and TOWN and CITIES agree to deposit their JAG award funds into a separate
trust account in accordance with JAG guidelines; and TOWN and CITIES each agree to the five
percent (5%) reduction of their respective grant allocation from the JAG award, as reflected on
Appendix 1 for administrative fees toward the administration of this program; and additionally the
TOWN and CITIES each agree that it is their responsibility to ensure these funds are expended
in accordance with JAG guidelines, and that the interest generated from such funds shall be solely
applied and expended in accordance with these same JAG guidelines; and
WHEREAS, the TOWN, CITIES and COUNTY believe it to be in their best interests to
reallocate the JAG funds,
NOW THEREFORE, the COUNTY and TOWN and CITIES agree as follows:
Section 1.
COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG
Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees,
as reflected In Appendix 1 here attached and hereby incorporated by reference as part of this
Agreement, and; COUNTY agrees to use the five percent (5%) of JAG award funds received from
MOU - 2021 Justice Assistance Grant Page 1
TOWN and CITIES under this agreement for administrative fees toward the administration of the
TOWN's and CITIES' programs during the entire permissible duration of said programs.
Section 2.
TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in
accordance with the JAG guidelines; and TOWN and CITIES agree to the five percent (5%)
reduction of their respective grant allocation from the JAG award, as reflected in Appendix 1, for
administrative fees toward the administration of this program, and; TOWN and CITIES each agree
that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines
and that all Interest generated from such funds shall be solely applied and expended in
accordance with these same JAG guidelines.
Section 3.
TOWN and CITIES agree to enter into a sub -award grant agreement with the COUNTY in order
to acknowledge receipt of the federal award information and applicable compliance requirements,
including special conditions for each sub -award, before receiving grant funds.
Section 4.
TOWN and CITIES agree to provide COUNTY with sufficient timely information as necessary
within five business days after receiving written request from COUNTY to meet JAG requirements
for quarterly and annual financial and performance reports.
Section 5,
Nothing arising from this Agreement shall impose any liability for claims or actions against
COUNTY other than what is authorized by law.
Section 6,
Nothing arising from this Agreement shall impose any liability for claims or actions against TOWN
and/or CITIES other than what is authorized by law.
pection 7.
Each party to this Agreement will be responsible for its own actions in providing services under
this Agreement and shall not beliable to any other party to this Agreement for any claim or action
arising from the services provided under this Agreement.
Section 8.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this
Agreement.
Section O.
By entering into this Agreement, the parties do not intend to create any obligations, either express
or implied, other than those set out herein; further, this Agreement shall not create any rights in
any party not a signatory hereto.
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
TOWN OF APPLE VALLEY, CA SAN BE ARDIN iUNTY, CA
Town Manager
ATTEST:
Town Clerk
APPROVED AS TO FORM;
Town Attorney
Curt Hagman
Chair, Coun .-.- _ . Supervisors
SIGN �,`� 5UP� .AT A COPY
OF T �• ',>1•,." . D TO THE
CH
Lyn
Cler
of San
TA.",
Interim Co •ty_Counse
erine Hardy, Deputy
*By law, the County Counsel's Office may only advise or approve contracts or legal documents
on behalf of its clients. It may not advise or approve a contract or legal document on behalf of
other parties. Our view of this document was conducted solely from the legal perspective of our
clients. Our approval of this document was offered solely for the benefit of our clients. Other
parties should not rely on this approval and should seek review and approval by their own
respective attorneys.
MOU - 2021 Justice Assistance Grant Page 3
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
TOWN OF APPLE VALLEY, CA
Town Manager
ATTEST:
D4eir17 Town Clerk
APPROVED AS TO FORM:
Town Attorney
SAN BEbJARDINUNTY, CA
Curt Hagman
Chair, Count _ _ .• Supervisors
SIGN AT A COPY
OF T . ' �.�y l D TO THE
CH
Lyn
Cler
of San
APPROVED
"Steverr&Nell1 `Tp1�n
interim Co ty Counse
RM:
by: = erine Hard , Deputy
rs
*By law, the County Counsel's Office may only advise or approve contracts or legal documents
on behalf of its clients. It may not advise or approve a contract or legal document on behalf of
other parties. Our view of this document was conducted solely from the legal perspective of our
clients. Our approval of this document was offered solely for the benefit of our clients. Other
parties should not rely on this approval and should seek review and approval by their own
respective attorneys.
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WHEREFORE, all parties freely and voluntarily agree to ail of the above terms.
City Clerk
APPROVED AS TO FORM:
ny
City Attorney
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
STOW, CA
ity
ATTEST:
City Clerk
APPROVED AS
TO FORM:
City Attorney
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF CHINO, CA
City Manager
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City Ole
APPROVE
City Attorney
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF CQI.TON
K,-40
City Manager
ATTE T:
City Clerk eCurOkrna
APPRO)J D TO FORM:
City Atto
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF FONTANA, CA
City Attorney
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WHEREFORE, all parties freely and voluntarily agree 10 all of the above terms.
City Manager
ATTEST:
City ore
APPRO1f DO FORM:
City Attorney`
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MOU — 2021 Justice Assistance Grant Page 9
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF,1-11621 AND, CA
C ty K ger
A TTEST:
City Clerk (1
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Cit
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
City Attorney
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF ONTARI
-City Manager
Du lane M. Sanchez
ATT qT,: Assistant City Manager
')`=fl. City Clerk
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
t-
ATTEST:
APPROVER AS TO FORM:
City Attorney
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WHEREFORE, all parties freely and voluntarily agree to a!I of the above terms.
ATTEST:
Clerk
AP'ROV =D AS TO FORM:
Cit A ttorney
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
City Manager
ATTE T: /
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City Clerk
APPROVE
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City Attorney
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MOU — 2021 Justice Assistance Grant Page 15
WHEREFORE, all parties freely and voluntarily agree to ail of the above terms.
CIT F SAN B ' ' ARDINO, CA
C mAN Amine
ATT
City Clerk
APPROVED AS TO FORM:
City ttorney
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MOU - 2021 Justice Assistance Grant Page 16
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY O,F UPLAND, CA
City Clerk
APPROVED AS TO FORM:
City Attorney
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MOU — 2021 Justice Assistance Grant Page 17
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF VICTORVILLE, CA
ATTEST:
City
APPRO F 0 AS ►• FORM:
ity Attorney
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MOU — 2021 Justice Assistance Grant Page 18
2021 Justice Assistance Grant
Appendix 1
Jurisdiction Allocation 5% Administrative Fee Award
San Bernardino County $85,641 ($4,282) $81,359
Adelanto $18,861 ($943) $17,918
Apple Valley $19,964 ($998) $18,966
Barstow $21,567 ($1,078) $20,489
Chino $20,414 ($1,021) $19,393
Colton $16,131 ($807) $15,324
Fontana $54,155 ($2,708) $51,447
Hesperia $31,260 ($1,563) $29,697
Highland $18,937 ($947) $17,990
Montclair $17,609 ($880) $16,729
Ontario $50,398 ($2,520) $47,878
Rancho Cucamonga $28,029 ($1,401) $26,628
Redlands $18,461 ($923) $17,538
Rialto $38,499 ($1,925) $36,574
San Bernardino $214,640 ($10,732) $203,908
Upland $20,540 ($1,027) $19,513
Victorville $66,604 ($3,3$0) y ,... $63,274
Total.___. _ $741,710 ($37,085) $704,625
MOU - 2021 Justice Assistance Grant Page 19
San Bernardino County
385 North Arrowhead Avenue
Grant
Sub -Award
PAGE 1 OF 22
SAN BERNARDINO San Bernardino, CA 92415-0123
COUNTY
Law and Justice Group
909-387-5005
SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Redlands
35 Cajon Street, PO Box 3005
Redlands, CA 92373-1505
AWARD NUMBER: 15PBJA-22-GG-02097-JAGX
SUB -AWARD NUMBER: 15PBJA-22-GG-02097-JAGX-Redlands
SUBRECIPIENT IRS/VENDOR NO.
95-6000766
PROJECT PERIOD: FROM 10/01/2021 TO 09/30/2025
BUDGET PERIOD: FROM 10/01/2021 TO 09/30/2025
SUBRECIPIENT UEI NO.
Q6LKTJ5M3JA8
AWARD DATE 09/26/2022
PREVIOUS AWARD AMOUNT $0
PROJECT TITLE
San Bernardino County and Disparate Jurisdictions 2022 Justice Assistance
Grant Projects
AMOUNT OF THIS AWARD $18,431
TOTAL SUB -AWARD $18,431
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 CONDITIONS (PAGES 2-18), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE
GROUP (PAGES 19-22).
STATUTORY AUTHORITY FOR GRANT
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C.
530C(a).
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
GRANTEE APPROVAL' '`
SUBRECIPIENT ACCEPTANCE
TYPED NAME AND TITLE OF APPROVING OFFICIAL
Edward Barry, Chair
San Bernardino County Law and Justice Group
TYPED NAME AND TITLE OF AUTHORIZED
Eddie
SUBRECIPIENT OFFICIAL
Tejeda, Mayor
City of Redlands ....-----^
SIGNATURE OF APPROVING OFFICIAL
12/' 15/1-6Z.1--
SIGNATURE OF AUTHORIZED SUBRE IPIENT OFFICIAL
2. 7 z 3
DATE
DATE
61;
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.
Compliance with general appropriations -law restrictions on the use of federal funds (FY 2022)
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, 2022, are set out at
https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.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.
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 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022
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 2022 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. 200.334.
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.
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Requirement to report actual or imminent breach of personally identifiable information (PII)
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.
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://www.ojp.gov/funding/implement/training-guiding-principles-grantees-
and-subgrantees.
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 October 15, 2020,
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, 2020, 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.
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 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.
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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.
1E1$
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.
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.
1E19
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
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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.
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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."
(D11
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.
M12
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 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").
M13
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.
M14
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de
minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect
cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all
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associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only
to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
1E115
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.
M16
Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency
outside of DOJ
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.
M17
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://ojp.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.
M18
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.
LE119
Potential imposition of additional requirements
6
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 award, if the recipient is
designated as "high -risk" for purposes of the DOJ high -risk grantee list.
M20
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 use, E-Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify
(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-Verify should be directed to OHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can
email E-Verify at E-VerifyEmployerAgent@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.
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 fundssto
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.
LE123
All subawards ("subgrants") must have specific federal authorization
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/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization), and are incorporated by reference here.
M24
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).
n25
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
9
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 contact OJP for guidance, and
may not proceed without the express prior written approval of OJP.
1E126
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.
M27
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://ojp.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.
IM28
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.
1E129
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.
M30
In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition
Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be
utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil
rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the
Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's
freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT
must make such policies and procedures available to DOJ upon request.
M31
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).
M32
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to
cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews,
enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO
all documentation necessary to complete monitoring tasks, including documentation related to any
subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by
BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant
monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited
to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the
Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination
of an award(s).
M33
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.
c34
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.
M35
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.
LE136
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.
1E137
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.
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.
12
IM39
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.
1E140
The award recipient agrees to participate in a data collection process measuring program outputs and
outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
M41
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for the assessment
or evaluation of any activities within this project.
(E142
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).
L43
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.
M44
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.
M45
13 r
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
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.
1E146
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.
1E147
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 pro4e
�T
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.
LE148
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.
1E149
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.
M50
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after
October 1, 2021
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, 2021), 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.
1E151
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).
r0152
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department
15 /
of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching
(https://www.justice.gov/olp/page/file/1204386/download), and must collect and report the metrics identified
in Section IX of that document to BJA.
M53
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
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.
M54
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.
c55
Certification of body armor "mandatory wear policies, and compliance with NIJ standards
If recipient uses funds under this award to purchase body armor, the recipient must submit a signed
certification that each law enforcement agency receiving body armor purchased with funds from this award
has 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.
Ballistic -resistant and stab -resistant body armor purchased with 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. 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 and the NIJ Compliant Body Armor List may be found by
following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-
technology/body-armor
(E156
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).
16
1E157
Extreme risk protection programs funded by JAG must include, at a minimum: pre -deprivation and post -
deprivation due process rights that prevent any violation or infringement of the Constitution of the United
States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights
guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied
to the States, and as interpreted by State courts and United States courts (including the Supreme Court of
the United States). Such programs must include, at the appropriate phase to prevent any violation of
constitutional rights, at minimum, notice, the right to an in -person hearing, an unbiased adjudicator, the right
to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the
right to be represented by counsel at no expense to the government; pre -deprivation and post -deprivation
heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly
situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the
full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the
substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to
the Constitution of the United States, as applied to the States, and as interpreted by State courts and United
States courts (including the Supreme Court of the United States). The heightened evidentiary standards and
proof under such programs must, at all appropriate phases to prevent any violation of any constitutional
right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on
inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of
the program.
1E158
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any
tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV),
or for any accompanying accessories to support UAS.
E159
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial
period of performance of the award is two years. The recipient further understands that any requests for an
extension of the period of performance for an award of less than $25,000 will be approved automatically for
up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program
solicitation associated with this award.
Any request for an extension of the period of performance beyond a four-year award period will require
approval, and the approval (if any) will be at the discretion of the Director of BJA.
1E160
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.
IM61
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
17 �-
1•
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.
M62
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.
I have read and understand the information presented in this section of the Federal Award Instrument.
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 19
• 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 of Justice. 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 20
e.r
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 21
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:
G. Christopher Gardner, Chair
Law and Justice Group
Date
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