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HomeMy WebLinkAboutContracts & Agreements_106-2015INTERLOCAL 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 THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2015 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this 231d day of June, 2015, by and between THE COUNTY OF SAN BERNARDINO, 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 the County of San Bernardino, 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 said 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 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. MOU - 2015 Justice Assistance Grant Page 1 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. Section 7. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable 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 9. 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. MOU - 2015 Justice Assistance Grant Page 2 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. �OF APP�VA± jEY, CA COUNTY SA BERNARDINO, CA Manager James Ra s Chair, County Board of Supervisors ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM: *Jean -Rene Basle County Counsel #b: hebe W. Chu, 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. SIGNED (ANERTIFIEWtHATXCTHISDONT HAS,BEEN Det.1VERTO THE MAWGFTHE.BOARp_i AURA .CClerk of r6 ofof the . ernardi .; per \ - MOU - 2015 Justice Assistance Grant Page 3 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF ADELANTO, CA City anager ATTEST: t City Oferk APPROVED AS T FORM: City Attorn MOU - 2015 Justice Assistance Grant Page 4 CITY OF BARSTOW, CA City Niariager ATTEST; . ' U. 'City Clerk APPROVED AS TO FORM: City Attorney gWT. 30,1947 MOU - 2015 Justice Assistance Grant Page 5 CITY OF CHINO, CA -7 CO/Manager az��' TES'T: l \- -� 24�- -- City Cite \, APPROVED AG TG E M: 1 -) A45. �- City A mey o 71 . l r r 1 1 / 1 1 1 / 1 1 / 1 1 1 1 / 1 / 1 1 1 1 i 1 1 1 1 MOU - 2015 JUSUGG ASSWtonce Grant Page a CITY OF CO TOWC City Manager ATTES City—tTelrk APPROVES rORM: City Attorney — ~- 1 1 1 1 I 1 1 1 1 1 1 1 1 moU - 2015 Justice Assistance Grant Page 7 CITY OF FONTANA, C� Menliger Yc ATTEST: i City Clark n� APPROVED AS TO FORkt CKy Attomey t MOU : 2016 JusBos Assistance Grant PaP 6 CITY OF HESPERIA, CA APPROVED TOE M: City Attomey ��p MOU - 2015 Justice Assistance Grant Page 0 CITY OF HIGH HG, CA Cites anager ATTEST: City Clerk ♦ r r Page 10 MOU - 2015 Justice Assistance Grant Manager, Edvfard C. Starr ATTEST: r _ City Clerk (Deputy),`Andrea M. Phillips APPROVED AS TO F City Attorney, Diane E° Robbins 1 1 1 1 1 1 MOU - 2015 Justice Assistance Grant Page 11 CITY OF ONTARIO, CA AllLbi: iL Assistant City Clerk APPROVED A5 TO FORM: City Attorney 1 1 1 1 1 1 1 1 I 1 I l Page 12 MOU — 2015 3uslice Assistant Grant CITY OfRANCH0 CUCAMO , C ` - s• City Manag r ATTEST: Ci erk APPROVED AS TO FORM: City Att ney 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 MOU - 2015 Justice Assistance Grant Page 13 CITY OF REDLANDS, CA Mayor, Paul W. Foster ;i;t:YvL- TTEST„ Llie Sa Irwin APPROVED AS TO FORM: i City Attome 3 Dan McHugh 1 1 1 1 1 1 1 1 1 1 I ! 1 1 1 MOU - 2015 Justice Assistance Grant Page 14 CI RIA TO, CA:, (2�a- City Administrator ATT f City Clerk APPRO © O FORM: Ci ttorney I I I 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 Page 15 MOU - 2015 Justice Assistance Grant 2015-121 EXHIBIT "B" CITY OF SA. BEnNARDINO, A Mayor ATTEST: City Clerk ' APPROVED AS TO FORM: C' tt ey 1 1 1 I I 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 MOLL - 2015 Justice Assistance Grant Page 16 CITY F UPLA D. CA City Manager ATTEST: City Clerk APPROVED AS TP;FgRM: City Attorney 1 1 1 1 1 1 Page 17 MOU - 2015 Justice Assistance Grant CITY 70FkICTO E, CA Cit Man ger ATTE T: City Clerk APPROVEDffAS209m, C' A rney 1 ! 1 Page 18 MGU - 2015 Justice Assistance Grant 2015 Justice Assistance Grant APPENDIX 1 i}M agi"I ✓tKEi�sb? R '15 ffi et Award JuristlicYion. � `AIIq¢ati4ri` 1 Vet AmouoY San Bernardino Coun $ 71.366 Adelanto A to Valle Barstow, Chino $ :r�3Q ;. $ 12,816 Colton Fontana 53,717 �`$' ' 2 ,�:7,,._$ $ 25,419 Hesperia Highland $ar'r7 813�- !891s $ 16,922 Montclair $ y ""Amll WbE OWT W $ 13,459 34,641 Ontario Rancho Cucamon a $-'_ 23,283Y$'�k`. $ 22119 Redlands Rialto San Bernardino $ si6}8$aT1'. $ 136 504 Upland Victorville $`i .a49, .'2x4b.` $ 47 116 i I MOU • 2015 Justice Assistance Grant Page 19 CSAN HrRNARDINO OUNTY County of San Bernardino 395 North Arrowhead Avenue San Bernardino, CA 92401-0061 Law and Justice Group Subrecipient Name and Addre City of Redlands 35 Cajon Street P.O. Box 3005 Redlands, CA 92373-1505 Sub Award Grant Agreement Grant Award Number: 2015-DJBX-0978 Sub Award ]dumber: 2015-DJBX-0978-Redlands JAG Program Purpose Area: A 1 - Law Enforcement Amount ofthis award: $14,816 Catalog of Domestic Federal Assistance (CFDA Number): i6.738 - Edward Byrne Memorial Justice Assistance Grant Program Subrecipient DUNS Number: Project Period: 14-555-6747 From: 10/ 1 /2014 To: 09/30/2018 Title of Program: FY2015 Edward Byrne Memorial Justice Assistance Grant Summary Description of Project: The Redlands Police Department plans to utilize the $14,916 to fund and hire a part-time Customer Service Representative to work in the Records Unit of the police department. Staff reductions experienced in the 2011/2012 fiscal year reduced the number of Customer Service Representatives from twelve to four causing an ever-increasing demand of documents that require data entry and processing. Special Conditions: The above sub -award is approved subject to such conditions or limitations as set forth on the attached pages, which include the Sub - Award Continuation Sheets (pages 2-9) and the Subrecipient Monitoring Procedures for the County of San Bernardino Lars and Justice Group (4 pages) Approval Subrecipient Acceptance Typed Name and Title of Approving official Typed Name and Title of Authorized Subrecipient Official in, a , Chairman N. Enrique Martinez, City Manager 7M San Bern mo Law and Justice Group City .17ROImd, 7: A ".7--i Official ignatwe of A ravini i Aems Datc 1l-17-15 Date f AWARD CONTINUATION SHEET Page 2 of 9 0v xextanvi�u Grant COUNTY Project Number: 2015-DJBX-0978 I Award Date 09/02/2015 Special 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 the Department oflustice (DOJ) in 2 C.F.R. Part 2800 (the "Part 200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs (OJP). For this 2015 award, the part 200 Uniform Requirements, which were first adopted by DOJ on December 26, 2014, supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those oft C.F.R. Parts 215, 220, 225, and 230. If this 2015 award supplements funds previously awarded by OJP under the same award number, the Part 200 Uniform Requirements apply with respect to all award funds (whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2015 award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements, a time -limited grace period may be available under certain circumstances to allow for transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards (that is, to those at 2 C.F.R. 200.317 through 200.326). For more information on the Part 200 Uniform Requirements, including information regarding the potentially available grace period described above, see the Office of Justice Programs (OJP) website at http://ojp.gov/funding(Part2OOUniforTnRequirements.htm- 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. 2. The subrecipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide") 3. The subrecipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if subrecipient is required to submit one pursuant to 28 C.F.R_ Section 42.302) that is approved by the Office for Civil Rights is a violation of the Standard Assurances executed by the recipient, and may result in suspension of funding until such time as the recipient is in compliance, or termination of the award. 4. The subrecipient understands and agrees that OJP may withhold award funds, or may impose other related requirements, if 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. 5. Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 6. The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds 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 involving award funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.B. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, D.C. 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. AWARD CONTINUATION SHEET Page 3 of 9 5 COUNTY � Grant Project Number: 2015-DJBX-0978 I Award Date: 09/02/2015 Special Conditions Restrictions and certifications regarding non -disclosure agreements and related matters: No recipient or subrecipient under this award, or entity that receives a 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, In accepting this award, the subrecipient -- 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 teams 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 agency malting this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the subrecipient does or is authorized to make subawards or contracts under this award -- a. It represents that -- (1) it has determined that no other entity that the subrecipienVs application proposes may or will receive award funds (whether through a subaward, contract, or subcontract) 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 teams 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 or prohibit or restrict), reporting of waste, fraud, or abuse as described above, it wilt immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 8. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OIP. The subrecipient agrees to comply with any additional requirements that may be imposed during the grant performance period ifthe agency determines that the recipient is a high -risk grantee Cf.28 CF.R. parts 66, 70. AWARD CONTINUATION SHEET page 4 of 9 sa;4 erRNAAV a Grant COIF N7 Y Project Number; 2015-DJBX-0979 I Award Date: 09/02/2015 Special Conditions 10. The suhrecipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) or with a successor government -wide system officially designated by OMB and OJP)_ The subrecipient also agrees to comply with applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp_gov/funding/sam.htm (Award condition: Registration with the System forAward Management and Universal Identifier Requirements), and are incorporated by reference here. This special 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)_ 11. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74_ Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 12. The subrecipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conference, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events, Information on rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 13. The subrecipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http:llwww. of p. usdoj .gov/fund ing/oj ptrai ingguid ingprinciples.htm. 14. The subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds 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 being provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget -modification or change -of -project -scope grand adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 15. The subrecipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students_ 16. The subrecipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 17. A subrecipient that is eligible under the Par[ 200 Uniform Requirements to use the Me 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 associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 19 The subrecipient must collect, maintain, and provide to OJP, data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes, specified in the program solicitation, or as otherwise specified by OJP_ Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. AWARD CONTINUATION SHEET Page 5 of 9 snn etw ,�Rai'u Grant COU E*fTY Project Number: 2015-DIBX-0978 Special Conditions Award Date: 09/02/2015 19, The subrecipient 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 subrecipient 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 subrecipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents_ Failure to cooperate with 13JA'slOC170's grant monitoring activities may result in sanctions affecting the subrecipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the subrecipient's access to grant funds; referral to the Office of the Inspector General for audit review, designation of the recipient as a DO) High Risk grantee; or termination of an award(s). 20. The recipient understands and agrees that it has a responsibility to monitor its subrecipient's compliance with applicable federal civil rights laws. The recipient agrees to submit written Methods of Administration (MOA) for ensuring subrecipients' compliance to the OJP's Office for Civil Rights at CivilRightsMOA@usdoj.gov within 90 days of receiving the grant award, and to make supporting documentation available for review upon request by OJP or any other authorized persons. The required elements of the MOA are set forth at http://w-ww.ojp.usdoj.gov/fundinglother requirements.htm, under the heading: "Civil Rights Compliance Specific to State Administering Agencies." In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOTS Global Justice Information Sharing Initiative (DOD's Global) guidelines and recommendations for this particular grant. Subgrantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: httpi//Nv4Nr%v_it.ojp.gov/gsp_Lnranteondition. Subgrantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended, 22. 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 subgrantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or world impair the functionality of an existing or proposed IT system. 23. The subrecipient agrees that any information technology system funded or supported by OJP funds will 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 audit of the system, as per the regulation, Should any violation of28 C.F.R. Part 23 occur, the subrecipient maybe fined as per 42 U.S.C. 3789g(c)-(d)_ Subrecipient may not satisfy such a fine with federal funds. 24. The subgrantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulalion" ). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization Subrecipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -based organizations may, in some circumstances, consider religion as a basis for employment. See http//%v4v%v-ojp.gov/aboutiocr/equal_fbo.htm. AWARD CONTINUATION SHEET Page 6 of 9 Old Grant UNTY Project Number: 2015-DJBX-0978 I Award Date: 09/02/2015 1 Conditions 25, Subgrantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice programs policies and procedures regarding the protection of human research subjects, including obtainment of institutional Review board approval, if appropriate, and subject informed consent. 26. Subgrantee agrees to comply with all confidentiality requirements of42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection , use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 27. Award subrecipients must verify Point of Contact (POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes_ 28. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctili.org). This 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. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 29. The subrecipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 30. All procurement (contract) transactions under this award must be conducted in a manner that is consistent with applicable Federal and State law, and with Federal procurement standards specified in regulations governing Federal awards to non -Federal entities. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition. Noncompetitive (e_g., sole source) procurements by the award recipient in excess of the Simplified Acquisition Threshold (currently $150,000) set out in the Federal Acquisition Regulation must receive prior approval from the awarding agency, and must otherwise comply with rules governing such procurements found in the current edition of the OJP Financial Guide. 31. 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 Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 32. Program income (as defined in the Party 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. AWARD CONTINUATION SHEET Page 7 of 9 S{V 6F.N.1�.�NUI�II COUNTY Grant Project Number: 2015-DJBX-0978 Award Date 09102/2015 Special Conditions 33. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), F.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted 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. 34. The subrecipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 35. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 36. The subrecipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a mandatarywear policy for all uniformed officers while on duty. 37. Ballistic -resistant and stab -resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NTJ Compliant Body Armor Model List (httpalnij.guv). In addition, ballistic - resistant and stab -resistant body armor purchased must be American -made. The latest NIJ standard information can he found here: http//,A, w.nij.gov/topics/technologyfbody-armor/safety-initiative.htm. 39. JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 39. The subrecipient is required to establish a trust fund account_ (The trust fund may or may not be an interest -bearing account.) The 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 subrecipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to the Office of Justice Programs at the time of closeout. 0AWARD CONTINUATION SHEET Page 8 of 9 s.1K aeRk.10.US Y Grant C13.-- . Project Number: 201 5-DJBX-0978 I Award Date: 09/02/2015 1 Special Conditions 40. The subgrantee agrees to 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 grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee 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 grant, the grantee agrees to contact BJA. The subgrantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special 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 anew 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 progam relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The subgrantee 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 subgrantee further understands and agrees to the requirements for implementation of a Mitigation plan, as detailed at http://Nvivw,ojp,usdoj.pov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, 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. 41. BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at https:/hvww.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx, 42. Subrecipient understands and agrees that award funds may not be used for items that are listed on the prohibited Expenditure List at the time of purchase or acquisition, including as the list maybe amended from time to time. The Prohibited Expenditure list maybe accessed here: https://www.bja.gov/funding/lAGControlledPurchaseList.pdf. 43. Subrecipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://wNvw.bja.gov/funding/JAGControlledPurcbaseList,pdf )r AWARD CONTINUATION SHEET Page 9 of 9 CtWOUNTY Grant I Project Number 2015-DJBX-0978 I Award Date: 09/02/2015 1 44. Subrecipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of t) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federally - acquired controlled equipment in the he agency's inventory, regardless of source, and make that information available to BJA upon request. Details about what information must be collected and retained maybe accessed here: https:lhtww.whiteliouse.gov/sites/defau[Ufiles/docsAc equipment_ivg_final_report_final_pdf 45. Subrecipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award funds for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAS, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Subrecipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal_ 46. Subrecipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures mac result in a prohibition from further controlled Expenditure approval under this or other federal awards. 47. Subrecipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 48 The Subrecipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives ofthe recipient and first - tier subrecipients of awards funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA),. are posted on the Office of Justice Programs web site at http://ojp.gov/funding/Explore/FFATA_htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards 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). 49. Subrecipient may not expend, or drawdowm funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval.