HomeMy WebLinkAboutAgreement A-19-603 with BSCC.pdfAgreement No. 19-603
ST ATE OF CALIF O RNIA-DEPART MENT O F GENERAL SERV IC ES ~------------~--------------~ STANDARD AGREEMENT A GREEMENT NUMBER PURC H A SING AU THO RI IT Y NU MBE R (If App licable)
STD 2 13 (Rev 03 /20 19) BSCC 612-19
1. Th is Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING A GENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CO NTRACTOR NAME
COUNTY OF FRESNO
2 . The term of this Agreement is :
START DATE
OCTOBER 1, 2019
THROUGH END DATE
DECEMBER 31 , 2022
3. The maximum amount of this Agreement is :
$3,136,875.00
4. The parties agree to comply with the terms and conditions of the following exh ibits , attachments , and append ices wh ich are by
this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exh ibit A Scope of Work 4
Exh ibit B Budget Detail and Paymen t Provisions 5
Exh ibit C General Terms and Cond it ions (04 /2017 ) 4
Exh ibit D Special Terms and Conditions 6
Exhibit E 2016 , 2017 , and 2018 JAG Federal Award Conditions 43
Attachment 1 * 2018 JAG Request for Proposals * •
Attachment 2 2018 JAG Application for Funding 52
Append ix A JAG Executive Steering Committee 1
Appendix B Criteria for Non-Governmental Ent ities Receiving JAG Funds 2
*Items sho wn with an as terisk (*), are hereby incorp orate d by refe rence and made part of this agreeme nt as if attached hereto. Th es e doc um ents can be viewed
at: www.bscc.ca .qo v
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO .
CONTRACTOR
CO NTRACTOR NAME (if other than an i nd iv idual , state w he the r a corporat ion , partnershi p , etc.)
COUNTY OF FRESNO
CONTRACTOR BUSINESS ADDRESS
2281 Tulare St. Room 300
CITY
Fresno
TITLE
I
STATE I ZIP
CA 93721
PRINTED NAME OF PERSON SIGNING
NATHAN MAGSIG Chairman , Fresno County Board of Supervisors
CONTRACTOR AUTHORIZED SIG ~URE DATE SIGNED
-:-
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS
2590 Venture Oaks Way , Suite 200
PRINTED NAME OF PERSON SIGNING
RICARDO GOODRIDGE
CONTRACTING AGENCY AUTHORIZED SIGNATURE
16
CITY
Sacramento
TITLE
Deputy Director
DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL : EXEMPT PER SCM , VO LUME 1 , CH . 4.06
----------------------------ATTEST:
I
STATE I ZIP
CA 95833
County of Fresno
BSCC 612-19
Page 1 of 4
EXHIBIT A: SCOPE OF WORK
1.GRANT AGREEMENT – JAG
This Grant Agreement is between the State of California Board of State and Community
Corrections, hereafter referred to as BSCC and County of Fresno hereafter referred to
as Grantee or Contractor.
2.PROJECT SUMMARY AND ADMINISTRATION
A.The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (34 U.S.C.
§§10151-10158) is the primary provider of federal criminal justice funding to state and
local jurisdictions. The JAG Program provides critical funding necessary to support
state and local initiatives, to include: technical assistance, strategic planning,
research and evaluation (including forensics), data collection, training, personnel,
equipment, forensic laboratories, supplies, contractual support, and criminal justice
information systems. The JAG Program in California supports three Program Purpose
Areas designated by federal statute: 1) Prevention and education programs 2) Law
enforcement programs, and 3) Prosecution, courts, defense, and indigent defense.
B.Grantee agrees to administer the project in accordance with Attachment 1: 2018 JAG
Request for Proposals (by reference) and Attachment 2: 2018 JAG Application for
Funding, which is attached and hereto made part of this agreement.
3.PROJECT OFFICIALS
A.The BSCC's Executive Director or designee shall be the BSCC's representative for
administration of the Grant Agreement and shall have authority to make
determinations relating to any controversies that may arise under or in connection with
the interpretation, performance, or payment for work performed under this Grant
Agreement.
B.The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Nathan Magsig
Title: Chairman, Fresno County Board of Supervisors
Address: 2281 Tulare St. Room 300, Fresno CA 93721
Phone: 559-600-5000
Designated Financial Officer authorized to receive warrants:
Name: Greg Reinke
Title: Probation Administration Division Director
Address: 3333 E. American, Suite B, Fresno CA 93725
Phone: 559-600-1247
Fax: 559-455-2488
Email: greinke@fresnocountyca.gov
County of Fresno
BSCC 612-19
Page 2 of 4
EXHIBIT A: SCOPE OF WORK
C.Either party may change its project representatives upon written notice to the other
party.
D.By signing this Grant Agreement, the Authorized Officer listed above warrants that he
or she has full legal authority to bind the entity for which he or she signs.
4.DATA COLLECTION
Grantees will be required to comply with all of the data collection and reporting
requirements as described in the JAG Request for Proposal/Application.
5.PROGRESS REPORTS AND EVALUATIONS
E.Grantee will submit quarterly progress reports, including results for the federal
performance indicators, in a format prescribed by the BSCC. These reports, which will
describe progress made on program objectives and include required data, shall be
submitted according to the following schedule:
Progress Report Periods Due Date
1)October 1 through December 31, 2019 January 15, 2020
2)January 1 through March 31, 2020 April 15, 2020
3)April 1 through June 30, 2020 July 15, 2020
4)July 1 through September 30, 2020 October 15, 2020
5)October 1 through December 31, 2020 January 15, 2021
6)January 1 through March 31, 2021 April 15, 2021
7)April 1 through June 30, 2021 July 15, 2021
8)July 1 through September 30, 2021 October 15, 2021
9)October 1 through December 31, 2021 January 15, 2022
10)January 1 through March 31, 2022 April 15, 2022
11)April 1 through June 30, 2022 July 15, 2022
12)July 1 through September 30, 2022 October 15, 2022
F.The Local Evaluation Plan December 31, 2019
G.The Local Evaluation Report December 31, 2022
H.Grantees shall submit all other reports and data as required by the BSCC.
6.PROJECT RECORDS
A.The Grantee shall establish an official file for the project. The file shall contain
adequate documentation of all actions taken with respect to the project, including
copies of this Grant Agreement, approved program/budget modifications, financial
records, and required reports.
County of Fresno
BSCC 612-19
Page 3 of 4
EXHIBIT A: SCOPE OF WORK
B.The Grantee shall establish separate accounting records and maintain documents and
other evidence sufficient to properly reflect the amount, receipt, and disposition of all
project funds, including grant funds, any matching funds by the Grantee, and the total
cost of the project. Source documentation includes copies of all awards, applications,
approved modifications, financial records, and narrative reports.
C.Personnel and payroll records shall include the time and attendance reports for all
individuals reimbursed under the grant, whether they are employed full-time or part-
time. Time and effort reports are required for consultants (subcontractors).
D.The grantee shall maintain documentation of donated goods and/or services, including
the basis for valuation.
E.Grantee agrees to protect records adequately from fire or other damage. When
records are stored away from the Grantee’s principal office, a written index of the
location of records stored must be on hand and ready access must be assured.
F.All Grantee records relevant to the project must be preserved a minimum of three (3)
years after closeout of the grant project and shall be subject at all reasonable times to
inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by
the BSCC or designees. If any litigation, claim, negotiation, audit, or other action
involving the records has been started before the expiration of the three -year period,
the records must be retained until the completion of the action and resolution of all
issues which arise from it or until the end of the regular three-year period, whichever
is later.
7.CONFLICT OF INTEREST
A.Existing law generally prohibits any person who participated on the JAG Executive
Steering Committee (See Appendix A) from receiving JAG grant funds directly or
indirectly (e.g., being paid by an employer receiving grant funds). However, public
employees or public officers are deemed not to have a financial conflict of interest for
purposes of the JAG grant and their employing agencies are eligible to apply. (See
Pen. Code, § 6025.1, subd. (b).)
B.In cases of an actual conflict of interest with an ESC member, the Board may revoke
the grant award and legal consequences could exist for the parties involved, including,
but not limited to, repayment of the grant award.
8.AUDIT
Grantee is required to complete an audit annually for each fiscal year/audit period, or
fraction thereof, for the entire three-year grant cycle. Grantees may choose either a
program-specific audit or a single federal audit. Federal guidelines allow grante es
receiving $750,000 or more in federal funds in a fiscal year to use their federal justice
assistance grant funds to pay for the cost of the audit. Grantees falling below the
$750,000 threshold must use non-federal funds (i.e., match funds) to pay for audit costs.
County of Fresno
BSCC 612-19
Page 4 of 4
EXHIBIT A: SCOPE OF WORK
For purposes of this grant award, please check one of the boxes below to indicate the
grantee’s choice for meeting the audit requirement.
In conformance with Federal Office of Management and Budget (OMB) CFR Part
200 – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, and the California State Controller’s Accounting
Standards and Procedures, Chapter 23, Grant Accounting Index, the identified grant
will be included in the City/County Single Federal Audit Report, which will be
submitted to the BSCC within 30 days of the Grantee’s receipt of the report or within
nine months following the end of the audit period, whichever is earlier.
OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part
200 – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, and the California State Controller’s Accounting
Standards and Procedures Chapter 23, Grant Accounting Index, the gr antee will
provide a Program-Specific Final Audit Report to the BSCC within 30 days of the
Grantee’s receipt of the report or within nine months following the end of the audit
period, whichever is earlier.
OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part
200 – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, the non-governmental entity grantee does not
expend $750,000 or more in total federal awards during the fiscal year and is
therefore, exempt from Federal audit requirements for this grant contra ct period.
However, the entity understands that it must keep and maintain the grant records
and make them available for review or audit by appropriate officials of the Federal
agency, pass-through agency (i.e., the Board of State and Community Corrections)
and Governmental Accountability Office.
9.DATA UNIVERSAL NUMBERS SYSTEM (DUNS)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active
registration of their Data Universal Numbers System (DUNS) number, used for this Grant
Agreement, throughout the term of the contract. An active DUNS number is also required
to remain in compliance with the Federal Funding Accountability and Transparency Act
(FFATA), a reporting tool for Federal prime awardees (i.e. prime contractors and prime
grants recipients) use to capture and report subaward and executive compensation
County of Fresno
BSCC 612-19
Page 1 of 5
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
10.INVOICING AND PAYMENTS
A.The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to
the BSCC that outlines actual expenditures claimed for the invoicing period.
Invoicing Periods Invoice Due Date
1)October 1 through December 31, 2019 February 15, 2020
2)January 1 through March 31, 2020 May 15, 2020
3)April 1 through June 30, 2020 August 15, 2020
4)July 1 through September 30, 2020 November 15, 2020
5)October 1 through December 31, 2020 February 15, 2021
6)January 1 through March 31, 2021 May 15, 2021
7)April 1 through June 30, 2021 August 15, 2021
8)July 1 through September 30, 2021 November 15, 2021
9)October 1 through December 31, 2021 February 15, 2022
10)January 1 through March 31, 2022 May 15, 2022
11)April 1 through June 30, 2022 August 15, 2022
12)July 1 through September 30, 2022 November 15, 2022
13)October 1, 2022 through December 31, 2020*January 31, 2022
*Note: Only expenditures associated with completion of the Final Local Evaluation Report
may be included on this last invoice.
B.All project expenditures (excluding costs associated with the completion of the Final
Local Evaluation Report) and all obligated match contributions must be incurred by
the end of the grant project period, September 30, 2022, and included on the invoice
due November 15, 2022. Project expenditures and match dollars incurred after
September 30, 2022 will not be reimbursed/eligible for contribution.
C.The Final Local Evaluation Report is due to BSCC by December 31, 2022.
Expenditures incurred solely for the completion of the Final Local Evaluation Report
will be reimbursed for the close-out period of October 1, 2022 through December 31,
2022 and must be submitted on the last invoice, due January 31, 2022. All fiscal
supporting documentation for the Final Local Evaluation Report expenditures must be
submitted to the BSCC with this final invoice
D.The Grantee shall submit an invoice to the BSCC each invoicing period, even if grant
funds are not expended or requested during the invoicing period.
E.Supporting documentation must be submitted for expenditures upon BSCC’s request.
All supporting documentation must be maintained by the grantee on site and be readily
available for review during BSCC site visits.
County of Fresno
BSCC 612-19
Page 2 of 5
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
11.GRANT AMOUNT AND LIMITATION
A.In no event shall the BSCC be obligated to pay any amount in excess of the grant
award. Grantee waives any and all claims against the BSCC and the State of
California and the Federal Government on account of project costs that may exceed
the sum of the grant award.
B.Under no circumstance will a budget item change be authorized that would cause the
project to exceed the amount of the grant award identified in this Grant Agreement.
12.BUDGET CONTINGENCY CLAUSE
A.It is mutually agreed that if the Budget Act of the current year and/or any subsequent
year covered under this Grant Agreement does not appropriate funds for the purposes
of this program, this Grant Agreement shall be of no further force and effect. In this
event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to
furnish any other considerations under this Agreement and Grantee shall no t be
obligated to perform any provisions of this Grant Agreement.
B.This Grant Agreement is valid and enforceable only if sufficient funds are made
available by the U.S. Department of Justice, Office of Justice Programs. Grantee
agrees that the BSCC’s obligation to pay any sum to the Grantee under any provision
of this agreement is contingent upon the availability of sufficient funds.
13.PROJECT COSTS
A.Grantee is responsible for ensuring that actual expenditures are for eligible project
costs. “Eligible” and “ineligible” project costs are set forth in the most current version
of the BSCC Grant Administration Guide, which can be found under Quick Links, here:
http://www.bscc.ca.gov/s_correctionsplanningandprograms.php
The provisions of the BSCC Grant Administration Guide are incorporated by reference
into this agreement and Grantee shall be responsible for adhering to the requirements
set forth therein. To the extent any of the provisions of the BSCC Grant Administration
Guide and this agreement conflict, the language in this agreement shall prevail.
B.Grantee shall, upon demand, remit to the BSCC any grant funds not expended for
eligible project costs or an amount equal to any grant funds expended by the Grantee
in violation of the terms, provisions, conditions or commitments of this Grant
Agreement.
C.Grant funds must be used to supplement existing funds for program activities and may
not replace (supplant) non-state/state grant funds that have been appropriated for the
same purpose. Potential supplanting will be the subject of grant monitoring.
Violations can result in a range of penalties (e.g., recoupment of monies provided
under this grant, suspension of future program funding through BSCC grants, and
civil/criminal penalties).
County of Fresno
BSCC 612-19
Page 3 of 5
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
14.PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
15.WITHHOLDING OF GRANT DISBURSEMENTS
A.The BSCC may withhold all or any portion of the grant funds provided by this Grant
Agreement in the event the Grantee has materially and substantially breached the
terms and conditions of this Grant Agreement.
B.At such time as the balance of federal funds allocated to the Grantee reaches five
percent (5%), the BSCC may withhold that amount as security, to be released to the
Grantee upon compliance with all grant provisions, including:
1)submittal and approval of the final invoice;
2)submittal and approval of the final progress report;
3)submittal and approval of any additional required reports; and
4)submittal and approval of the final audit of expenditures.
C.The BSCC will not reimburse Grantee for costs identified as ineligible for grant
funding. If grant funds have been provided for costs subsequently deemed ineligible,
the BSCC may either withhold an equal amount from future payments to the Grantee
or require repayment of an equal amount to the State by the Grantee.
D.In the event that grant funds are withheld from the Grantee, the BSCC’s Executive
Director or designee shall notify the Grantee of the reasons for withholding and advise
the Grantee of the time within which the Grantee may remedy the failure or violation
leading to the withholding.
16.PROJECT BUDGET
Expending of grant funds is limited to: Year 1: no more than the amount requested for
Year 1; Year 2: no more than the amount requested for Year 2 plus any carry over of
unspent funds from Year 1 (use of carry over funds requires BSCC pre -approval); and
Year 3: no more than the amount requested for Year 3 plus any pre -approved unspent
carry over funds from Years 1 and 2.
County of Fresno
BSCC 612-19
Page 4 of 5
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Year 1: Project Budget
Line Item Grant Funds
1. Salaries and Benefits $144,525
2. Services and Supplies $46,000
3.Professional Services $0
4. Non-Governmental Based (NGO) Contracts $802,818
5. Data Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award or $25,000, whichever is greater $52,282
6. Fixed Assets/Equipment $0
7. Other (including training, travel, etc.)$0
TOTAL $1,045,625
Year 2: Project Budget
Line Item Grant Funds
1. Salaries and Benefits $144,525
2. Services and Supplies $46,000
3.Professional Services $0
4. Non-Governmental Based (NGO) Contracts $802,818
5. Data Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award or $25,000, whichever is greater $52,282
6. Fixed Assets/Equipment $0
7. Other (including training, travel, etc.)$0
TOTAL $1,045,625
County of Fresno
BSCC 612-19
Page 5 of 5
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Year 3: Project Budget
Line Item Grant Funds
1. Salaries and Benefits $144,525
2. Services and Supplies $46,000
3.Professional Services $0
4. Non-Governmental Based (NGO) Contracts $802,818
5. Data Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award or $25,000, whichever is greater $52,282
6. Fixed Assets/Equipment $0
7. Other (including training, travel, etc.)$0
TOTAL $1,045,625
County of Fresno
BSCC 612-19
Page 1 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS
GTC 04/2017: GENERAL TERMS AND CONDITIONS
1.APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not
commence performance until such approval has been obtained.
2.AMENDMENT: No amendment or variation of the terms of this Agreem ent shall be valid
unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.
3.ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4.AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representat ive shall have the
right to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Contractor agrees to maintain such records for possible
audit for a minimum of three (3) years after final payment, unless a longer period of
records retention is stipulated. Contractor agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further, Contractor agrees to
include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code
§10115 et seq., CCR Title 2, Section 1896).
5.INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing or
resulting to any and all contractors, subcontractors, suppliers, laborers, and any othe r
person, firm or corporation furnishing or supplying work services, materials, or supplies
in connection with the performance of this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be inj ured or
damaged by Contractor in the performance of this Agreement.
6.DISPUTES: Contractor shall continue with the responsibilities under this Agreement
during any dispute.
7.TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved
of any payments should the Contractor fail to perform the requirements of this Agreement
at the time and in the manner herein provided. In the event of such termination the State
may proceed with the work in any manner deemed proper by the State. All costs to the
State shall be deducted from any sum due the Contractor under this Agreement and the
balance, if any, shall be paid to the Contractor upon demand.
8.INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent capacity
and not as officers or employees or agents of the State.
County of Fresno
BSCC 612-19
Page 2 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS
9.RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post-consumer material as defined in
the Public Contract Code Section 12200, in products, materials, goods, or supplies
offered or sold to the State regardless of whether the product meets the requirements of
Public Contract Code Section 12209. With respect to printer or duplication cartridges that
comply with the requirements of Section 12156(e), the certification required by this
subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract’s benefits to any person on
the basis of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status,
nor shall they discriminate unlawfully against any employee or applicant for employment
because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination. Contractor and subcontractors shall c omply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.),
the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Gove rnment Code
(Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding
state agency to implement such article. Contractor shall permit access by representatives
of the Department of Fair Employment and Housing and the awarding state agency upon
reasonable notice at any time during the normal business hours, but in no case less than
24 hours’ notice, to such of its books, records, accounts, and all other sources of
information and its facilities as said Department or Agency shall require to ascertain
compliance with this clause. Contractor and its subcontractors shall give written notice
of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work under the Agreement.
11.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference and made
a part of this Agreement by this reference as if attached hereto.
(http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx)
12.TIMELINESS: Time is of the essence in this Agreement.
13.COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be
in compensation for all of Contractor's expenses incurred in the performance hereof,
including travel, per diem, and taxes, unless otherwise expressly so provided.
County of Fresno
BSCC 612-19
Page 3 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS
14.GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall
comply with the requirements of the Government Codes Sections set out below.
A.The Government Code Chapter on Antitrust claims contains the following definitions:
1)"Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its political subdivisions or public
agencies on whose behalf the Attorney General may bring an action pursuant to
subdivision (c) of Section 16750 of the Business and Professions Code.
2)"Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code Section 4550.
B.In submitting a bid to a public purchasing body, the bidder offers and agrees that if the
bid is accepted, it will assign to the purchasing body all rights, title, and interest in and
to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.
15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part
2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, materials, or services by the bidder for sale to the purchasing body pursuant
to the bid. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code Section 4552.
C.If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the
assignor shall be entitled to receive reimbursement for actual legal costs incurred and
may, upon demand, recover from the public body any portion of the recovery, including
treble damages, attributable to overcharges that were paid by the assignor but were
not paid by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
D.Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has
been or may have been injured by the violation of law for which the cause of action
arose and (a) the assignee has not been injured thereby, or (b) the assignee declines
to file a court action for the cause of action. See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
A.The contractor recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
County of Fresno
BSCC 612-19
Page 4 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS
B.The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees
to the New Hire Registry maintained by the California Employment Development
Department.
17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions
of this Agreement have force and effect and shall not be affected thereby.
18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions
funded by the Contract to qualified recipients of aid under Welfare and Institutions Code
Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A.If for this Contract Contractor made a commitment to achieve small business
participation, then Contractor must within 60 days of receiving final payment under
this Contract (or within such other time period as may be specified elsewhere in this
Contract) report to the awarding department the actual percentage of small business
participation that was achieved. (Govt. Code § 14841.)
B.If for this Contract Contractor made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Contractor must within 60 days of
receiving final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) certify in a report to the award ing department:
(1) the total amount the prime Contractor received under the Contract; (2) the name
and address of the DVBE(s) that participated in the performance of the Contract; (3)
the amount each DVBE received from the prime Contractor; (4) that all p ayments
under the Contract have been made to the DVBE; and (5) the actual percentage of
DVBE participation that was achieved. A person or entity that knowingly provides
false information shall be subject to a civil penalty for each violation. (Mil. & Vets.
Code § 999.5(d); Govt. Code § 14841.)
20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a “loss leader”
as defined in Section 17030 of the Business and Professions Code. [PCC 10344(e).]
County of Fresno
BSCC 612-19
Page 1 of 6
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1.GRANTEE’S GENERAL RESPONSIBILITY
A.Grantee agrees to comply with all terms and conditions of this Grant Agreement.
Review and approval by the BSCC is solely for the purpose of proper admini stration
of grant funds and shall not be deemed to relieve or restrict the Grantee’s
responsibility.
B.Grantee is responsible for the performance of all project activities identified in
Attachment 1: 2018 JAG Request for Proposals, and Attachment 2: 2018 JAG
Application for Funding.
C.Grantee shall immediately advise the BSCC of any significant problems or changes
that arise during the course of the project.
2.GRANTEE ASSURANCES AND COMMITMENTS
A.Compliance with State Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California. Grantee shall at all times comply with all applicable
state laws, rules and regulations, and all applicable local ordinances.
B.Compliance with Federal Laws and Regulations
The Grantee hereby assures and certifies compliance with all applicable federal
statutes, regulations, policies, guidelines and requirements, including all JAG Federal
Award Conditions applicable to the 2016, 2017, and 2018 JAG Awards. The 2016,
2017, and 2018 JAG Federal Award Conditions are included in this Grant Agreement
as Exhibit E. Please note that federal award conditions are subject to change in
subsequent funding years and grantees will be required to comply with any future
changes to remain eligible for federal funding. The 2019 JAG Federal Award
Conditions will be made available to grantees once received by the BSCC. Grantee
will assure and certify compliance with all 2019 JAG Federal Award Conditions prior
to expenditure of 2019 JAG funds, which the BSCC estimates will occur no earlier
than January 1, 2021. If grantee does not agree to comply with the 2019 JAG Federal
Award conditions, grantee will be ineligible to receive the final 1/3 of their funding
under this Grant Agreement.
C.Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements
made by the Grantee in Attachment 1: 2018 JAG Request for Proposals, Attachment
2: 2018 JAG Application for Funding, documents, amendments, approved
modifications, and communications filed in support of its request for grant funds.
D.Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project,
pay all charges and fees, and give all notices necessary or incidental to the due and
lawful proceeding of the project work.
County of Fresno
BSCC 612-19
Page 2 of 6
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
3.POTENTIAL SUBCONTRACTORS
A.In accordance with the provisions of this Grant Agreement, the Grantee may
subcontract with providers for services needed to implement and/or support program
activities. Grantee agrees that in the event of any inconsistency between this Grant
Agreement and Grantee’s agreement with a subcontractor, the language of this Grant
Agreement will prevail.
B.Nothing contained in this Grant Agreement, or otherwise, shall create any contractual
relation between the BSCC and any subcontractors, and no subcontract shal l relieve
the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to
be as fully responsible to the BSCC for the acts and omissions of its subcontractors
and of persons either directly or indirectly employed by any of them as it is for the acts
and omissions of persons directly employed by the Grantee. The Grantee's obligation
to pay its subcontractors is an independent obligation from the BSCC's obligation to
make payments to the Grantee. As a result, the BSCC shall have no obligation to pay
or to enforce the payment of any monies to any subcontractor.
C.Grantee shall ensure that all subcontractors comply with all requirements of this Grant
Agreement.
D.Grantee assures that for any subcontract awarded by the Grantee, such as insurance
and fidelity bonds, as is customary and appropriate, will be obtained.
E.Grantee agrees to place appropriate language in all subcontracts for work on the
project requiring the Grantee’s subcontractors to:
1)Books and Records
Maintain adequate fiscal and project books, records, documents, and other
evidence pertinent to the subcontractor’s work on the project in accordance with
generally accepted accounting principles. Adequate supporting documentation
shall be maintained in such detail so as to permit tracing transactions from the
invoices, to the accounting records, to the supporting documentation. These
records shall be maintained for a minimum of three (3) years after the acceptance
of the project’s final audit of expenditures under the Grant Agreement and shall be
subject to examination and/or audit by the BSCC or designees, state government
auditors or designees.
2)Access to Books and Records
Make such books, records, supporting documentations, and other evidence
available to the BSCC or designee, the Department of General Services, the
Department of Finance, the California State Auditor and their designated
representatives during the course of the project and for a minimum of three (3)
years after acceptance of the project’s final audit of expenditures. The
Subcontractor shall provide suitable facilities for access, monitoring, inspection,
and copying of books and records related to the grant -funded project.
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BSCC 612-19
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
4.PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have su itable
access to project activities, sites, staff and documents at all reasonable times during the
grant period including those maintained by subcontractors. Access to program records
will be made available by both the grantee and the subcontractors for a period of three
(3) years following the end of the project period.
5.ACCOUNTING AND AUDIT REQUIREMENTS
All funds received by the Grantee shall be deposited into separate fund accounts which
identify the funds and clearly show the manner of their disposition . Grantee agrees that
the audit and accounting procedures shall be in accordance with generally accepted
government accounting principles and practices (see Accounting Standards and
Procedures for Counties, California State Controller, Division of Local Government Fiscal
Affairs) and adequate supporting documentation shall be maintained in such detail so as
to provide an audit trail which will permit tracing transactions from support documentation
to the accounting records to the financial reports and invoices. The Grantee further
agrees to the following audit requirements:
A.Federal Single Audit Act
If the Grantee expends $750,000 or more in a year in federal funds, Grantee agrees
to comply with the provisions pursuant to the Federal Office of Management an d
Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards. CFR Part 200 requires non -federal
entities that meet the expenditure criteria to have either a single or program -specific
audit conducted for that expenditure year.
B.Interim Audit
The BSCC reserves the right to call for a program audit or a system audit at any time
between the execution of this Grant Agreement and the completion or termination of
the project. At any time, the BSCC may disallow all or part of the cost of the activity
or action determined to not be in compliance with the terms and conditions of this
Grant Agreement or take other remedies legally available.
C.Annual Audit
1)Within 120 calendar days of this Grant Agreement end date, all Grantees must
obtain and submit an annual program audit to the BSCC. Only Grantees
expending $750,000 or more in a year are authorized to use federal funds to pay
the costs associated with performing the audit. Should the federal single audit
report include this grant project, the Grantee may submit the federal single audit
to satisfy the annual audit requirement. The audit shall be prepared in accordance
with generally accepted auditing standards and government auditing standards for
financial and compliance audits.
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BSCC 612-19
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
2)Since the audit function must maintain organizational independence, the Grantee’s
financial officer for this project shall not perform the annual audit. If the Grantee’s
internal auditor performs the audit, the auditor must be organizationally
independent from the Grantee’s accounting and project management functions.
Additionally, Grantee’s internal auditors who report to the financial officer, or to
whom the financial officer reports, shall not perform the audit. The person
conducting the audit shall be a certified public accountant, unless a Grantee
auditor completes the audit.
6.DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from u nreasonable risks of fraudulent,
criminal, or other improper use. As such, the Board will not enter into contracts or provide
reimbursement to grantees that have been:
1)debarred by any federal, state, or local government entities during the period of
debarment; or
2)convicted of fraud, theft, or embezzlement of federal, state, or local government
grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has
been no applicable debarment, disqualification, suspension, or removal from a federal,
state or local grant program on the part of the grantee at the time of application and that
the grantee will immediately notify the BSCC should such debarment or conviction occur
during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a
subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will
provide the same assurances to the grant recipient. If a grant recipient wishes to consider
a subgrantee or subcontractor that has been debarred or convicted, the grant recipient
must submit a written request for exception to the BSCC along with supporting
documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of
Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement
(Required as Appendix E of the original Proposal Package).
7.MODIFICATIONS
No change or modification in the project will be permitted without prior written approval
from the BSCC. Changes may include modification to project scope, changes to
performance measures, compliance with collection of data elements, and other significant
changes in the budget or program components contained in the Application for
Funding/Grant Proposal, the JAG Year-Two Application for Funding, and the JAG Year-
Three Application for Funding. Changes shall not be implemented by the project until
authorized by the BSCC.
County of Fresno
BSCC 612-19
Page 5 of 6
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
8.TERMINATION
A.This Grant Agreement may be terminated by the BSCC at any time after grant award
and prior to completion of project upon action or inaction by the Grantee that
constitutes a material and substantial breech of this Grant Agreement. Such action or
inaction includes, but is not limited to:
1)substantial alteration of the scope of the grant project without prior written approval
of the BSCC;
2)refusal or inability to complete the grant project in a manner consistent with
Attachment 1: 2018 JAG Request for Proposals, Attachment 2: 2018 JAG
Application for Funding or approved modifications; and
3)failure to meet prescribed assurances, commitments, recording, accounting,
auditing, and reporting requirements of the Grant Agreement.
B.Prior to terminating the Grant Agreement under this provision, the BSCC shall provide
the Grantee at least 30 calendar days written notice stating the reasons for termination
and effective date thereof. The Grantee may appeal the termination decision in
accordance with the instructions listed in Exhibit D: Special Terms and Conditions,
Number 8. Settlement of Disputes.
9.SETTLEMENT OF DISPUTES
A.The parties shall deal in good faith and attempt to resolve potential disputes informally.
If the dispute persists, the Grantee shall submit to the BSCC Corrections Plan ning
and Programs Division Deputy Director a written demand for a final decision regarding
the disposition of any dispute between the parties arising under, related to, or involving
this Grant Agreement. Grantee’s written demand shall be fully supported b y factual
information. The BSCC Corrections Planning and Programs Division Deputy Director
shall have 30 days after receipt of Grantee’s written demand invoking this Section
“Disputes” to render a written decision. If a written decision is not rendered wit hin 30
days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to
the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC
Corrections Planning and Programs Division Deputy Director, the Grantee may appeal
the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day
period in the event no decision is rendered), to the BSCC Executive Director, who
shall have 45 days to render a final decision. If the Grantee does not appeal the
decision of the BSCC Corrections Planning and Programs Division Deputy Director,
the decision shall be conclusive and binding regarding the dispute and the Contractor
shall be barred from commencing an action in court, or with the Victims Compensation
Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B.Pending the final resolution of any dispute arising under, related to or involving this
Grant Agreement, Grantee agrees to diligently proceed with the performance of this
Grant Agreement, including the providing of services in accordance with the Grant
Agreement. Grantee’s failure to diligently proceed in accordance with the State’s
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
instructions regarding this Grant Agreement shall be considered a material breach of
this Grant Agreement.
C.Any final decision of the State shall be expressly identified as such, shall be in writing,
and shall be signed by the Executive Director, if an appeal was made. If the Executive
Director fails to render a final decision within 45 days after receipt of the Grantee’s
appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s
contentions. The State’s final decision shall be conclusive and binding regarding the
dispute unless the Grantee commences an action in a cou rt of competent jurisdiction
to contest such decision within 90 days following the date of the final decision or one
(1) year following the accrual of the cause of action, whichever is later.
D.The dates of decision and appeal in this section may be modifie d by mutual consent,
as applicable, excepting the time to commence an action in a court of competent
jurisdiction.
10.WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such
waiver is contrary to law, provided that any such waiver shall be in writing and signed by
the party making such waiver.
County of Fresno
BSCC 612-19
Page 1 of 43
EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
2016 JAG Federal Award Conditions
The Grantee hereby assures and certifies compliance with all federal statutes, regulations,
policies, guidelines and requirements, including the following:
1.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 of Justice (DOJ) in 2
C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply t o this 2016 award
from the Office of Justice Programs (OJP).
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If
this 2016 award supplements funds previously awarded by OJP under the same award
number (e.g., funds awarded in 2014 or earlier years), 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 2016 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to
OJP awards and subawards ("subgrants"), see the Office of Justice Programs (OJP) website
at:
http://ojp.gov/funding/UniformGuidance.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.Compliance with DOJ Grants Financial Guide
The Grantee agrees to comply with the Department of Justice Grants Financial Guide as
posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any
updated version that may be posted during the period of performance.
http://ojp.gov/financialguide/DOJ/pdfs/2015_DOJ_FinancialGuide.pdf
3.Requirement to report potentially duplicative funding
If the Grantee currently has other active awards of federal funds, or if the recipient receives
any other award of federal funds during the period of performan ce 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 will promptly notify, in
writing, the grant manager for this OJP award.
4.All subawards ("subgrants") must have specific federal authorization
The Grantee acknowledges that the BSCC, 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
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
requirements -- OJP considers a "subaward" (and therefore does not consider a procu rement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web
site at http://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: Award
Condition: All subawards ("subgrants") must have specific federal authorization), and are
incorporated by reference here.
5.Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $150,000
The Grantee, 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,
$150,000). 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:
http://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 $150,000)), and are incorporated by reference here.
6.Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
The Grantee, 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 Grantee's obligations related to prohibited conduct related to trafficking in
persons are posted on the OJP web site at http://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.
7.Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events The Grantee and any subrecipient ("subgrantee") at
any tier, must comply with all applicable laws, regulations, policies, and of ficial 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.
County of Fresno
BSCC 612-19
Page 3 of 43
EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
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 "2015 DOJ Grants Financial Guide").
8.Requirement for data on performance and effectiveness under the award
The Grantee must collect and maintain data that measure the performance and effectiveness
of activities 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, and other applicable laws.
9.OJP Training Guiding Principles
Any training or training materials that the Grantee -- 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
http://ojp.gov/funding/ojptrainingguidingprinciples.htm .
10.Effect of failure to address audit issues
The Grantee acknowledges and agrees to comply with any request related to the following:
the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may
impose other related requirements on the BSCC, if (as determined by the DOJ awarding
agency) the BSCC 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.
11.The Grantee 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 "highrisk" for purpo ses of the DOJ high-risk
grantee list.
12.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 42
The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in
Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
13.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 38
The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38, specifically including any applicable requirements
regarding written notice to program beneficiaries and prospective program beneficiaries. Part
38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016.
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
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
refusal to attend or participate in a religious practice. Part 38 also sets out rules and
requirements that pertain to Grantee 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 the regulation, now entitled "Partnerships with Faith -Based and Other
Neighborhood Organizations," is available via the Electronic Code of Federal Regulations
(currently accessible at http://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to
Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
14.Restrictions on "lobbying"
Federal funds may not be used by the Grantee, 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.
Should any question arise as to whether a particular use of Federal funds by a Grantee (or
subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact
OJP for guidance, and may not proceed without the express prior written approval of OJP.
15.Compliance with general appropriations-law restrictions on the use of federal funds (FY
2016)
The Grantee, 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, 2016, are set out at http://ojp.gov/funding/Explore/FY2016-
AppropriationsLawRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a Gran tee (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.
16.Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The Grantee and any subrecipients ("subgrantees") 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) mail directed to: Office of the Inspector General, U.S.
Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706,
Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline:
(contact information in English and Spanish) at (800) 869 -4499 (phone) or (202) 616-9881
(fax).
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BSCC 612-19
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig.
17.Restrictions and certifications regarding non-disclosure agreements and related matters
No Grantee 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 maki ng 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 Grantee--
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 Grantee 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 Grantee'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
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of
award funds to or by that entity, will provide prompt written notification to the
federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
18.Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The Grantee 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 Grantee 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 appropr iate)
for guidance.
19.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 Grantees 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.
20.The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement 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 Grantee
acknowledges and agrees to comply with any request related to the BSCC requirements 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
Grantee understands that the BSCC must abide by reasonable deadlines set by BJA and
OCFO for providing the requested documents.
21.The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement 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 of the recipient and first -tier subrecipients of award
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
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at http://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
22.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.
23.The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to monitor its subrecipients' compliance with applicable federal civil rights laws.
The BSCC has submitted written Methods of Administration (MOA) for ensuring
subrecipients' compliance to the OJP's Office for Civil Rights at CivilRightsMOA@usdoj.gov;
the required elements of an MOA are set forth at
http://www.ojp.usdoj.gov/funding/other_requirements.htm , under the heading, "Civil Rights
Compliance Specific to State Administering Agencies."
24.In order to promote information sharing and enable interoperability among disparate systems
across the justice and public safety community, OJP requires the BSCC to comply with DOJ's
Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations
for this particular grant. The Grantee acknowledges and agrees to comply with any request
related to the BSCC’s requirement to conform to the Global Standards Package (GSP) and
all constituent elements, where applicable, as de scribed at:
http://www.it.ojp.gov/gsp_grantcondition.
25.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 grantee can
demonstrate to the satisfaction of BJA that thi s requirement would not be cost effective or
would impair the functionality of an existing or proposed IT system.
26.The Grantee 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 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
42 U.S.C. 3789g(c)-(d). Grantee may not satisfy such a fine with federal funds.
27.Grantee 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.
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
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
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.ctfli.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. W hen 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 Grantee agrees to participate in BJA-sponsored training events, technical assistance
events, or conferences held by BJA or its designees, upon BJA's request.
30.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.
31.The Grantee 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 di rectly 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 Grantee 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 lon g 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 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, o education
environments; and
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
e.Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
The Grantee 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 grantee further understands and agrees to the requirements for implementation of
a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/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.
32.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.
33.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 NIJ Compliant Body Armor Model List
(http://nij.gov). In addition, ballistic-resistant and stab-resistant body armor purchased must
be American-made. The latest NIJ standard information can be found here:
http://www.nij.gov/topics/technology/body-armor/safetyinitiative.htm.
34.The Grantee 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 be a mandatory wear policy for all uniformed officers while on duty.
35.The Grantee agrees to monitor subcontracts under this JAG award in accordance with all
applicable statutes, regulations, OMB circulars, and guidelines, including the DOJ Financial
Guide, and to include the applicable conditions of this award in any subcontract. The Grantee
is responsible for oversight of subcontractor spending and monitoring of specific outcomes
and benefits attributable to use of JAG funds by subcontractors. The recipient agrees to
submit to the BSCC, upon request, documentation of its policies and procedures for
monitoring of subcontracts under this grant.
36.Grantee 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 t he list
may be amended from time to time. The Prohibited Expenditure list may be accessed here:
https://www.bja.gov/funding/JAGControlledPurchaseList.pdf.
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
37.Grantee 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 appr oval from BJA. The
Controlled Expenditure List, and instructions on how to request approval for purchase or
acquisitions may be accessed here:
https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
38.The Grantee understands that, pursuant to recommendation 2.1 of Executive Order 13688,
law enforcement agencies that acquire controlled equipment through Federal programs must
adopt robust and specific written policies and protocols gove rning General Policing
Standards and Specific Controlled Equipment Standards. General Policing Standards
includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community
Input and Impact Considerations. Specific Controlled Equipment Standards includes policies
specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use;
(c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and
Notice Considerations. Upon OJP’s request, the Grantee agrees to provide a copy of the
General Policing Standards and Specific Controlled Equipment Standards, and any related
policies and protocols.
39.Grantee 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 1) 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 agency’s inventory, regardless of source; and make that informatio n available to BJA
upon request. Details about what information must be collected and retained may be
accessed here:
https://www.whitehouse.gov/sites/default/files/docs/le_equipment_wg_final_report_final.pdf
40.Grantee understands and agrees that failure to comply with conditions related to Prohibited
or Controlled Expenditures may result in a prohibition from further Controlled Expenditure
approval under this or other federal awards.
41.Grantee 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 fund
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.
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
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 ag ency
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.
Grantee 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.
42.BJA strongly encourages the Grantee to submit annual (or more frequent) JAG success
stories. To submit a success story, sign in to your My BJA account at
https://www.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.
43.Any law enforcement agency receiving direct or sub-awarded JAG funding 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.
44.The Grantee 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.
45.Requirement to report information on certain civil, criminal, and administrative proceedings
to SAM and FAPIIS
The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to with any and all applicable requirements regarding reporting of information on
civil, criminal, and administrative proceedings connected with (or connected to the
performance of) either this OJP award or any other grant, cooperative agreement, or
procurement contract from the federal government. Under certain circumstances, recipients
of OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of the BSCC’s 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 ar e posted
on the OJP web site at http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient
Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are
incorporated by reference here.
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
2017 JAG Federal Award Conditions
The Grantee hereby assures and certifies compliance with all federal statutes, regulations,
policies, guidelines and requirements, including the following:
1.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
certifications or assurances 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.
Failure to comply with any one or more of these award requirements -- whether a condition
set out in full below, a condition incorporated by reference below, or a certification or
assurance related to conduct during the award period -- may result in the Office of Justice
Programs ("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. The Department of Justice ("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 42 U.S.C. 3795a), 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.
2.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 2017 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If
this FY 2017 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 th e
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 2017 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/Part200UniformRequirements.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,
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly
for clarification.
3.Compliance with DOJ Grants Financial Guide
The Grantee agrees to comply with the Department of Justice Grants Financial Guide as
posted on the OJP website (currently, the "DOJ Grants Financial Guide, effective December
2017"), including any updated version that may be posted during the period of performance.
The DOJ Grants Financial Guide is accessible at:
https://ojp.gov/financialguide/DOJ/pdfs/DOJ_FinancialGuide.pdf
4.Requirement to report potentially duplicative funding
If the Grantee 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 will pro mptly notify, in
writing, the grant manager for this OJP award.
5.Requirements related to System for Award Management and Unique Entity Identifiers
The Grantee must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at http://www.sam.gov. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of
information in SAM.
The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to 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 all obligations related to SAM and to unique entity identifiers are posted on the
OJP web site at http://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award
Management (SAM) and Universal Identifier Requirements) and are incorporated by
reference here.
6.All subawards ("subgrants") must have specific federal authorization
The Grantee, and any 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 http://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: Award
Condition: All subawards ("subgrants") must have specific federal authorization), and are
incorporated by reference here.
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7.Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $150,000
The Grantee, 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,
$150,000). 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
http://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 $150,000)) and are incorporated by reference here.
8.Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
The Grantee, 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 http://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.
9.Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events
The Grantee 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, effective December 2017" accessible at:
https://ojp.gov/financialguide/DOJ/pdfs/DOJ_FinancialGuide.pdf.)
10.Requirement for data on performance and effectiveness under the award
The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to collect and maintain data that measure the performance and effectiveness of
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
activities 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, and other applicable laws.
11.OJP Training Guiding Principles
Any training or training materials that the Grantee -- or any subrecipient ("subgrantee") at
any tier -- develops or delivers with OJP award f unds must adhere to the OJP Training
Guiding Principles for Grantees and Subgrantees, available at:
http://ojp.gov/funding/ojptrainingguidingprinciples.htm .
12.Effect of failure to address audit issues
The Grantee 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 satisfactor ily 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.
13.Potential imposition of additional requirements
The Grantee 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.
14.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 42
The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in
Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
15.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 of the basis of sex in
certain “education programs.”
16.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 38
The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38, specifically including any applicable requirements
regarding written notice to program beneficiaries and prospective program beneficiaries. Part
38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016.
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
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 also sets out rules and
requirements that pertain to Grantee and subrecipient ("subgran tee") 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 the regulation, now entitled "Partnerships with Faith-Based and Other
Neighborhood Organizations," is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov), by browsing to Title 28-Judicial Administration,
Chapter 1, Part 38, under e-CFR "current" data.
17.Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the
recipient, Grantee, or any subrecipient ("subgrantee") at any ti er, either directly or indirectly,
to support or oppose the enactment, repeal, modification, or adoption of any law, regulation,
or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by
the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or employee
of any of them) with respect to the awarding of a federal grant or cooperative agreement,
subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law
apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of Federal funds by a Grantee (or
subgrantee) would or might fall within the scope of this prohibition, the recipient is to contact
OJP for guidance, and may not proceed without the express prior written approval of OJP.
18.Compliance with general appropriations-law restrictions on the use of federal funds (FY
2017)
The recipient, Grantee, 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, 2017, are incorporated by reference and are set out at
https://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm .
Should a question arise as to whether a particular use of federal funds by a Grantee (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 expres s prior
written approval of OJP.
19.Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
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The Grantee and any subrecipients ("subgrantees") 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 f raud, 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) mail directed to: Office of the Inspector General, U.S.
Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706,
Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline:
(contact information in English and Spanish) at (800) 869 -4499 (phone) or (202) 616-9881
(fax).
Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig.
20.Restrictions and certifications regarding non-disclosure agreements and related matters
No Grantee or 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 restri cts,
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 Grantee--
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 Grantee does or is authorized u nder this award to make subgrants,
procurement contracts, or both--
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a.it represents that--
(1)it has determined that no other entity that the Grantee's application
proposes may or will receive award funds (whether through a 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 subgrantee or subcontractor
entity that receives funds under this award is or has been requiring its
employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations
of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption
of) such obligations only if expressly authorized to do so by that agency.
21.Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The Grantee 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 Grantee 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.
22.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 Grantees and 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 outreac h to decrease
crashes caused by distracted drivers.
23.Cooperating with OJP Monitoring
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The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to cooperate with OJP monitoring of this award pursuant to OJP's guidelines ,
protocols, and procedures, and to cooperate with OJP (including the grant manager for this
award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring,
including requests related to desk reviews and/or site visits. The recipient agrees to provide
to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient
agrees to abide by reasonable deadlines set by OJP for providing the requested documents.
Failure to cooperate with OJP's monitoring activities may result in actions that affect the
recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on
the recipient's access to award funds; referral to the DOJ OIG for audit review; designation
of the recipient as a DOJ High Risk grantee; or termination of an award(s).
24.FFATA reporting: Subawards and executive compensation
The Grantee acknowledges and agrees to comply with any request relate d the BSCC’s
requirement 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 of the recipient and first-tier subrecipients 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 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, including its reporting requirement, does not apply to—(1) an award less than
$25,000, 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).
25.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.
26.Justice Information Sharing
In order to promote information sharing and enable interoperability among disparate systems
across the justice public safety community, the recipient, Grantee, and any subrecipient at
any tier, must comply with DOJ’s Global Justice Information Sharing Initiative (DOJ’s Global)
guidelines and recommendations for this particular award. The recipient shall conform to the
Global Standards Package (GSP) and all constituent elements, where applicable, as
described at: https://it.ojp.gov/gsp_grantcondition. The recipient shall document planned
approaches to information sharing and describe compliance to the GSP and appropriate
privacy policy that protects shared information or provide deta iled justification for why an
alternative approach is recommended.
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
27.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 int erstate 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.
28.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, Grantee (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 42 U.S.C. 3789g(c)-(d). The recipient
may not satisfy such a fine with federal funds.
29.Protection of human research subjects
The recipient, Grantee (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 Inst itutional Review Board approval, if
appropriate, and subject informed consent.
30.Confidentiality of data
The recipient, Grantee (and any subrecipient at any tier) must comply with all confidentiality
requirements of 42 U.S.C. 3789g and 28 C.F.R. Part 22 that are applicable to collection, use,
and revelation of data or information. The recipient and Grantee further agree, 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.
31.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 ye ars 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.
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Additional information regarding the training is available through BJA's web site and the
Center for Task Force Integrity and Leadership (www.ctfli.org).
32.Required attendance at BJA-sponsored events
The recipient, Grantee (and its subrecipients at any tier) must participate in BJA -sponsored
training events, technical assistance events, or conferences held by BJA or its designees,
upon BJA's request.
33.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.
34.Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient, Grantee (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 foll owing 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 and Grantee understand 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, Grantee, 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 and Grantee understand and agree that complying with NEPA may require the
preparation of an Environmental Assessment and/or an Environmental Impact Statement, as
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
directed by BJA. The recipient and Grantee further understand and agree 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 Grantees' 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.
35.Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or Grantee, with respect to
subaward) 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 (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.
36.Prohibition on use of award funds for match under BVP program
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 DOJ Bulletproof Vest Partnership (BVP) program.
37.Certification of body armor "mandatory wear" policies
The Grantee agrees to submit a signed certification that all law enforcement agencies
receiving body armor purchased with funds from this award have a written "mandatory wear"
policy in effect. The recipient must keep signed certifications on file for any subrecipients
planning to utilize funds from this award for ballistic-resistant and stab resistant body armor
purchases. This policy must be in place for at least all uniformed officers before any funds
from this award may be used by an agency for body armor. There are no requirements
regarding the nature of the policy other than it be a mandatory wear policy for all uniformed
officers while on duty.
38.Body armor - compliance with NIJ standards
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be
purchased at any threat level, make or model, from any distributor or manufacturer, as long
as the body armor has been tested and found to comply with applicable National Institute of
Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List
(https://nij.gov/). In addition, ballistic-resistant and stab-resistant body armor purchased must
be American-made. The latest NIJ standard information can be found here:
https://nij.gov/topics/technology/bodyarmor/ pages/safety-initiative.aspx.
39.Required data on law enforcement agency training
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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.
40.Prohibited Expenditures List
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 may be amended from time to time.
The Prohibited Expenditure List may be accessed here:
https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
41.Controlled expenditures - prior written approval required
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 t o time,
without explicit written prior approval from BJA. The Controlled Expenditure List, and
instructions on how to request approval for purchase or acquisitions are set out at
https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
42.Controlled expenditures - incident reporting
If an agency uses award funds to purchase or acquire 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, the agency must collect and retain (f or at least 3 years) certain information about the
use of-- (1) 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 agency's inventory, regardless of source; and the agency must make that
information available to BJA upon request. Details about what information must be collected
and retained are set out at https://ojp.gov/docs/LEEquipment-WG-Final-Report.pdf.
43.Sale of items on Controlled Expenditure List
Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R.
200.313, no equipment listed on the Controlled Expenditure List that is purchased with award
funds 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 were 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
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prior written approval from BJA. All law enforcement -related and other sensitive or
potentially dangerous components, and all law enforcem ent insignias and identifying
markings must be removed prior to transfer or sale.
The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure
44.Prohibited or controlled expenditures - Effect of failure to comply
Failure to comply with an award condition related to prohibited or controlled expenditures
may result in denial of any further approvals of controlled expenditures under this or other
federal awards.
45.Controlled expenditures - Standards
Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency
that acquires controlled equipment with award funds must adopt robust and specific written
policies and protocols governing General Policing Standards and Specific Controlled
Equipment Standards. General Policing Standards includes policies on (a) Community
Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations.
Specific Controlled Equipment Standards includes policies specifically related to (a)
Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness
Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations.
Upon OJP's request, the recipient must provide a copy of the General Policing Standards
and Specific Controlled Equipment Standards, and any related policies and protocols.
46.Use of funds for DNA testing; upload of DNA profiles
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.
47.Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success
stories. To submit a success story, sign in to a My BJA account at
https://www.bja.gov/Login.aspx to access the Success Story Submission form. If the recipient
does not yet have a My BJA account, please regist er at https://www.bja.gov/profile.aspx.
Once registered, one of the available areas on the My BJA page will be "My Success Stories."
Within this box, there is an option to add a Success Story. Once reviewed and approved by
BJA, all success stories will appear on the BJA Success Story web page at
https://www.bja.gov/SuccessStoryList.aspx.
48."Methods of Administration" - monitoring compliance with civil rights laws and
nondiscrimination provisions
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The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to monitor subrecipients’ compliance with applicable federal civil rights laws and
nondiscrimination provisions. The BSCC has submitted to OJP's Office for Civil Rights (at
CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient
monitoring with respect to civil rights requirements.
The details of the BSCCs obligations related to Methods of Administration are posted on the
OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin -FY2017update.htm
(Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017
Update)) and are incorporated by reference here.
49.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 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.
50.Recipient integrity and performance matters: Requirement to report information on certain
civil, criminal, and administrative proceedings to SAM and FAPIIS
The Grantee acknowledge and agrees to comply with any request related to the BSCC’s
requirement to comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected
to the performance of) either this OJP award or any other grant, cooperative agreement, or
procurement contract from the federal government. Under certain circumstances, recipients
of OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of the BSCC’s 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.
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2018 JAG Federal Award Conditions
The Grantee hereby assures and certifies compliance with all federal statutes, regulations,
policies, guidelines and requirements, including the following:
1.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
certifications or assurances 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.
Failure to comply with any one or more of these award requirements -- whether a condition
set out in full below, a condition incorporated by reference below, or a certification or
assurance related to conduct during the award period -- may result in the Office of Justice
Programs ("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. The Department of Justice ("DOJ"), including OJP, also may take other
legal action as appropriate.
Any materially false, fictitious, or f raudulent 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, tha t the provision is utterly
invalid or -unenforceable, such provision shall be deemed severable from this award.
2.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 2018 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If
this FY 2018 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 2018 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/Part200UniformRequirements.htm.
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Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the
date of submission of the final expenditure report (SF 425), unless a different retention period
applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
provide access, include performance measurement information, in addition to the financial
records, supporting documents, statistical records, and other pertinent records indicated at
2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials
prepared or distributed by OJP that may appear to conflict with, or differ in some way from,
the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly
for clarification.
3.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.
4.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 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.
5.Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award
must have successfully completed an "OJP financial management and grant administration
training" by 120 days after the date of the recipient's acceptance of the award. Successful
completion of such a training on or after January 1, 2016, will satisfy this condition.
In the event that either the POC or an FPOC for this award changes during the period of
performance, the new POC or FPOC must have successfully completed an "OJP financial
management and grant administration training" by 120 calendar days after -- (1) the date of
OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the
date the POC enters information on the new FPOC in GMS (in the case of a new FPOC).
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Successful completion of such a training on or after January 1, 2016, will satisfy thi s
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.
6.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 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.
7.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 adjustment notice (GAN) to eliminate any inappropriate
duplication of funding.
8.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 Grantee acknowledges and agrees to comply with BSCC’s requirement to 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:
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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).
9.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 200.79) 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.
10.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.
11.Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $150,000
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 (curren tly,
$150,000). 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 appro val 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 $150,000)), and are incorporated by reference here.
12.Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
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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.
13.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 confe rences.
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").
14.Requirement for data on performance and effectiveness under the award
The Grantee acknowledges and agrees to comply with any request related to BSCC’s
requirement to 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.
15.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://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees -Subgrantees.htm.
16.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
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
17.Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the
DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for
this award, if the recipient is designated as "highrisk" for purposes of the DOJ high -risk
grantee list.
18.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination – 28 C.F.R.
Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in
Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
19.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."
20.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, specifically including any applicable requirements
regarding written notice to program beneficiaries and prospective program beneficiaries.
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 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 a nd requirements that
pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith -Based and Other
Neighborhood Organizations," is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to
Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
21.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, regulati on, or policy,
at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable
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federal statute specifically authorizes certain activities that otherwise would be barred by
law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by
the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or employee
of any of them) with respect to the awarding of a federal grant or cooperative agreement,
subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law
apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to
contact OJP for guidance, and may not proceed without the express prior written approval of
OJP.
22.Compliance with general appropriations-law restrictions on the use of federal funds (FY
2018)
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, 2018, are set out at https://ojp.gov/funding/Explore/FY18AppropriationsRestrictions.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.
23.Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The recipient and any subrecipients ("subgrantees") 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) mail directed to: Office of the Inspector General, U.S.
Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100,
Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and
Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is
available from the DOJ OIG website at https://oig.justice.gov/hotline.
24.Restrictions and certifications regarding non-disclosure agreements and related matters
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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 (whi ch 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 –
b.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
c.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 requirin g
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
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funds to or by that entity, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
25.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.
26.Encouragement of policies to ban text messages 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.
27.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 O JP 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 finan cial 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.
28.Cooperating with OJP Monitoring
The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,
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protocols, and procedures, and to cooperate with OJP (including the grant manager for this
award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring,
including requests related to desk reviews and/or site visits. The recipient agrees to provide
to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient
agrees to abide by reasonable deadlines set by OJP for providing the requested documents.
Failure to cooperate with OJP's monitoring activities may result in actions that affect the
recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on
the recipient's access to award funds; referral to the DOJ OIG for audit review; designation
of the recipient as a DOJ High Risk grantee; or termination of an award(s).
29.FFATA reporting: Subawards and executive compensation
The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to comply with applicable requirements to report first-tier subawards
("subgrants") of $25,000 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 $25,000, 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).
30.Required monitoring of subawards
The Grantee acknowledges and agrees to comply with any request related to the BSCC’s
requirement to monitor subawards under this award in accordance with all applica ble
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
BSCC 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.
31.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.
32.Justice Information Sharing
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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.
33.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.
34.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 reg ulation 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.
35.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.
36.Confidentiality of data
The recipient (and any subrecipient at any tier) must co mply 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.
37.Verification and updating of recipient contact information
The recipient must verify its 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.
38.Law enforcement task forces – required training
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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).
39.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.
40.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) r elevant
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 fed eral 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.
41.“Methods of Administration” – monitoring compliance with civil rights laws and
nondiscrimination provisions
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The Grantee Acknowledges and agrees to comply with any request related to the BSCC’s
requirement to monitor subrecipients’ compliance with applicable federal civil rights laws and
nondiscrimination provisions. The BSCC has submitted to OJP's Office for Civil Rights (at
CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient
monitoring with respect to civil rights requirements.
The details of the BSCC’s obligations related to Methods of Administration are posted on the
OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin -FY2017update.htm
(Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017
Update)), and are incorporated by reference here.
42.Required attendance at BJA-sponsored events
The recipient (and its subrecipients at any tier) must participate in BJA -sponsored training
events, technical assistance events, or conferences held by BJA or its designees, upon BJA's
request.
43.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 t he 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 educa tion
environments; and
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
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.
44.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 inter est-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.
45.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.
46.Certification of body armor “mandatory wear” policies
The recipient agrees to submit a signed certification that all law enforcement agencies
receiving body armor purchased with funds from this award have a written "mandatory wear"
policy in effect. The recipient must keep signed certifications on file for any subrecipients
planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor
purchases. This policy must be in place for at least all uniformed officers before any fun ds
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.
47.Body armor – compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be
purchased at any threat level, make or model, from any distributor or manufacturer, as long
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
as the body armor has been tested and found to comply with applicable National Institute of
Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List
(https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In
addition, ballistic-resistant and stab-resistant body armor purchased must be made in the
United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest
NIJ standard information can be found here: https:/ / nij.gov/topics/ technology/ body-armor/
pages/ safety-initiative.aspx.
48.Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual
performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the
Department's responsibilities under the Government Performance and Results Act (GPRA)
and the GPRA Modernization Act of 2010, the recipient must provide data that measure the
results of its work. The recipient must submit quarterly performance metrics reports through
BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For
more detailed information on reporting and other JAG requirements, refer to the JAG
reporting requirements webpage. Failure to submit required AG reports by established
deadlines may result in the freezing of grant funds and future High Risk designation.
49.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.
50.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.
51.Authorization to obligate (federal) award funds to reimburse certain project costs incurred on
or after October 1, 2017
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, 2017), 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 a Grant Adjustment Notice). (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 a Grant Adjustment
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
Notice, 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.
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient
at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's
certification (executed by the chief executive of the State or local government) that fe deral
funds 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.
52.Use of funds for DNA testing; upload of DNA profiles
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.
53.Encouragement of submission of “success stories”
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success
stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/
Login.aspx to access the Success Story Submission form. If the recipient does not yet have
a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered,
one of the available areas on the My BJA page will be "My Success Stories." Within this box,
there is an option to add a Success Story. Once reviewed and approved by BJA, all success
stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/
SuccessStoryList.aspx.
54.Withholding of funds: Required certification from the chief executive of the applicant
government
The recipient may not obligate, 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 a Grant Adjustment Notice
(GAN) has been issued to remove this condition.
55.Recipient integrity and performance matters: Requirement to report information on certain
civil, criminal, and administrative proceedings to SAM and FAPIIS
The Grantee acknowledge and agrees to comply with any request related to the BSCC’s
requirement to comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedin gs connected with (or connected
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
to the performance of) either this OJP award or any other grant, cooperative agreement, or
procurement contract from the federal government. Under certain circumstances, recipients
of OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of the BSCC’s 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.
56.Withholding of funds: Certification with respect to federal taxes
The recipient may not obligate, expend, or draw down any funds under this award until it has
submitted to the program manager, in a format acceptable to OJP, a formal written
certification directed to OJP and executed by an official with authority to sign on behalf of the
recipient, that the recipient-- (1) has filed all Federal tax returns required for the three tax
years immediately preceding the tax year in which the certification is made; (2) has not been
convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) has not,
more than 90 days prior to this certification, been notified of any unpaid federal tax
assessment for which the liability remains unsatisfied, unless the assessment is the subject
of an installment agreement or offer in compromise that has been approved by the Inter nal
Revenue Service and is not in default, or the assessment is the subject of a non -frivolous
administrative or judicial proceeding; and until a Grant Adjustment Notice (GAN) has been
issued to remove this condition.
The certification must be dated, and must indicate the full name and title of the signer, as
well as the full legal name of the recipient.
57.Withholding of funds: Budget narrative or information
The recipient may not obligate, expend, or draw down any award funds until the recipient
submits, and OJP reviews and accepts, the required budget information or narrative for the
award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
58.Withholding of funds: Disclosure of pending applications
The recipient may not obligate, expend, or draw down any award funds until: (1) it has
provided to the grant manager for this OJP award either an "applicant disclosure of pending
applications" for federal funding or a sp ecific affirmative statement that no such pending
applications (whether direct or indirect) exist, in accordance with the detailed instructions in
the program solicitation, (2) OJP has completed its review of the information provided and of
any supplemental information it may request, (3) the recipient has made any adjustments to
the award that OJP may require to prevent or eliminate any inappropriate duplication of
funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustment s
to a discretionary award cannot be made, the recipient has agreed in writing to any necessary
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EXHIBIT E: 2016, 2017, AND 2018 JAG FEDERAL AWARD CONDITIONS
reduction of the award amount in any amount sufficient to prevent duplication (as determined
by OJP), and (5) a Grant Adjustment Notice has been issued to remove this condition.
County of Fresno
BSCC 612-19
Page 1 of 2
APPENDIX A
JAG EXECUTIVE STEERING COMMITTEE ROSTER
Name Title Organization/Agency
1 Linda Penner (Chair) Chairperson Board of State and Community
Corrections
2 Mark Delgado Executive Director
Los Angeles County’s Countywide
Criminal Justice Coordination
Committee, Los Angeles County
3 Eric Durnell Ph. D. Candidate
Social Psychology, California
State University San Francisco,
San Francisco County
4 David Fernandez Senior Special Agent
California Department of
Corrections and Rehabilitations,
Sacramento County
5 Robin Lipetzky Public Defender Contra Costa County
6 Lyle Martin Police Chief Bakersfield Police Department,
Kern County
7 Steven Meinrath Attorney Sacramento County
8 Debbie Paolinelli Assistant County Administrative
Officer Fresno County
9 Jonathan Raven Chief Deputy District Attorney Yolo County
10 Darren Thompson Sheriff-Coroner San Benito County
11 Erik Upson Police Chief Benicia Police Department,
Solano County
12 Erica Webster Master’s Candidate
Luskin School of Public Affairs,
University of California Los
Angeles
13 Charles White, Ph. D. Director, Criminal Justice Azusa Pacific University, San
Diego County
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Page 1 of 2
APPENDIX B
CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING JAG FUNDS
(Page 1 of 2)
The JAG award includes requirements that apply to non-governmental, community-based
organizations. Grantees are responsible for ensuring that all contracted third parties
continually meet these requirements as a condition of receiving any JAG funds.
Any non-governmental organization that receives JAG grant funds (as a subgrantee, or
subcontractor) must:
•Have been duly organized, in existence, and in good standing at least six months
before entering into a fiscal agreement with the BSCC grantee; Non -governmental
organizations entities that have recently reorganized or have merged with other
qualified non-governmental entities that were in existence prior to the six-month date
are also eligible, provided all necessary agreements have been executed and filed
with the California Secretary of State six months prior to the date of the fiscal
agreement with the BSCC grantee.
•Be registered with the California Secretary of State’s Office, if applicable;
•Have a valid business license, if required by the applicable local jurisdiction;
•Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole
proprietorship);
•Have any other state or local licenses or certifications necessary to provide the
services requested (e.g., facility licensing by the Department of Health Care
Services), if applicable; and
•Have a physical address
Non-Governmental Organizations (NGOs) include: community-based organizations
(CBOs), faith-based organizations (FBOs), nonprofit organizations/501(c)(3)s, evaluators
(except government institutions such as universities), grant management companies and
any other non-governmental agency or individual. Note: These criteria do not apply to
government organizations (e.g. counties, cities, school districts, etc.).
In the table below, provide the name of the Grantee and list all contracted parties.
Grantee: County of Fresno
Name of Contracted Party Address Email / Phone Meets All
Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
County of Fresno
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Page 1 of 2
Grantees are required to update this list and submit it to BSCC any time a new third-party
contract is executed after the initial assurance date . Grantees shall retain (on-site)
applicable source documentation for each contracted party that verifies compliance with
the requirements listed in the JAG RFP . These records will be subject to all records and
retention language in the Standard Agreement.
The BSCC will not disburse or reimburse for costs incurred by any third party that does
not meet the requirements listed above and for which the BSCC does not have a signed
grantee assurance on file .
A signature below is an assurance that all requirements listed above have been
met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
s,sci. \.oO , ~
DATE