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HomeMy WebLinkAboutAgreement A-20-384 with Cal OES.pdf ,y Cal QEs use only) Agreement No. 20-38 � Cot OES# + flP5# —112 VS 5uboward# �1 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES GRANT SUBAWARD FACE SHEET The California Governoei office of Emergency services(Cal DES)hereby makes 0 Grant Subaward of funds to the following: 1. 3ubreclptent: Fresno County la.DUNS#.030UM2 2. Implementing Agency: Fresno County District Attorneys office 2a.DUNS# 030363902 3. Implementing Agency Address: 2220 Tulrxe Street.$trite i000 Fresno 93 72 1-2 1 47 (Street) icily) (tip+41 4. Location ofProjech Fresno Fresno 73 72 1-210 7 (City) �� (County) f2;a�41 S. Disaster/ProgromTitl$; VtotenceAgofrrs7 Women VerttcalProitecuron(1/v1Proomm 5. Perforplonco 1/l/2021 to unit2'021 Period: (Slorl Dole) iEnd Date) 7. Indirect Cost Rate: N/A Federally Approved ICR fit applicable); % tf rrt ran! Fverd, A,halts it 1 C.lotcl t3:Cosa h 'Lin.4tf rd Match F Tsr l Mc#ck .Tail Cost N6rnba,r fen) �SotirC - r was=_ „ .,z• .; . . ., ; - ,'. .. ... . .. ... . 8. 2020 $202,545 �$67,515 7,5 1 K70.Oi0 9. Select Select 10. Select Select 11. Select Select 12. Select Select Total Project Cosa $202.545 $202.545 $67.515 $67.515 $270.060 13 Cettlflcatfon=Thts Ciranf Subawatd Consists of Pros fine pow.the application for the grant,whch is attached and made a part hereof,and the Assurances/Cerfincaltgns.I hereby certify,f car»vested with the aufhodly to enter into iNS Grunt Subcword,and have the approval of the GllyjCounly Financial Officer,City Mcrrager,County Administrator,Governing Board choir,or other Approving Body.The Subrecipleni certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward.The Subreciplenl accepts this Giant Subawcrd and agrees to administer tine g*oni project in accordance with the Giant Subaward as well as all applicable state and federal laws,audit requitentenis.federal program Wdelnes,and Col OFS policy and program guldcnce.The Subrecipient further agrees that the aRocotion of funds may be contingent on the enactment of the State Budget. 14.CA Public ecords Act-Ctonf op;pftotions are subject to the California Public Records Act,Government Code section 6250 et seq.Do not put any personally identifiable intcrmotfort orprivate infonnotion Cal this application.If you believe that any,of the information you ate putting on this cppliicallonls exempt from the Public Record;Act,please atlach a statement that indicates what portions of the application and the basis for the exemption,Yourslotemenl thol the infermolion is rat subject la the Putout Records Act will not 9voronlee that the information will not be disclosed, 15.Official Authorized to Sign for 5ubrecipient: 1`1=4; Ernst Buddy Mendes Title:Charfmon,Fresno County Board of Suoenrisors Poymerlf Maifing Address: 2220 Tufore Slreei.Wfe 1000 City:Fresno Zip Code}a:93721-2107 Signature: ,�.-... r .. _ 1.-� ..�.. Dole: 16.Federal Employer 10 Number: 946ODD512 FOR Cat OES.USE ONLY I hereby certify upon my perscnal knowledge that bvdgeted Wds are available for the period purposes of this expo�ture�stateof above. �\ try" `-"� Q C I (Cal OEs Fiscal offs (Date) (Caf FS Diteelcr or Designee) (Date) T A TEST, // BERNICE E.SEIDEL Clerk of the Board of Supervisors Countyraf Fresno,State of California BV i�IN- � ENY:2020-21 Chapter:6 SL:18410 epUty Item:0690-102-0890 Pgm:0385 FAIN#:2020-WF-AX-0044 07/01/20-06/30/22 Fund:Federal Trust AL#: 16.588 Program:Violence Against Women Vertical Prosecution Program Match Req.:25%,C/IK based TPC Project ID:OES20STOP000012 cm SC:20 20-1 84 1 0 Amount:$ �Z02,--.? Grant Suhonord rear S6rcl Caf OES2.101 tRo esado712Dx17 OCT 0 PROJECT CONTACT INFORMATION Subrecipient: County of Fresno Subaward #: Provide the name, title, address, telephone number, and e-mail address for the project contacts named below. 1 . The Project Director for the project: Name: Traci Fritzler Title: Assistant District Attorney Telephone #: (559)600-4412 Email Address:tritzler-kirkorian@fresnocountyca.gov Address/City/Zip + 4: 2220 Tulare Street, Suite 1000, Fresno, CA 93721 2. The Financial Officer for the project: Name; Stephen Rusconi Title: DA Business Manager Telephone #: (559)600-4447 Email Address:srusconi@fresnocountyca.gov Address/City/Zip + 4: 2220 Tulare Street, Suite 1000, Fresno, CA 93721 3. The person having Routine Programmatic responsibility for the project: Name: Ismail Aliyev Title: Deputy District Attorney Telephone #: (559)600-5185 Email Address: ialiyev@fresnocountyca.gov Address/City/Zip + 4: 2220 Tulare Street,Suite 1000, Fresno,CA 93721 4. The person having Routine Fiscal responsibility for the project: Name: Stephen Rusconi Title: DA Business Manager Telephone #: (559)600-4447 Email Address:srusconi@fresnocountyca.gov Address/City/Zip + 4: 2220 Tulare Street, Suite 1000, Fresno, CA 93721 5. The Executive Director of a Community Based Organization or the Chief Executive Officer (i.e., chief of police, superintendent of schools) of the implementing agency: Name: Lisa Smittcamp Title: District Attorney Telephone #: (559)600-3232 Email Address: lsmittcamp@fresnocountyca.gov Address/City/Zip + 4; 2220 Tulare Street, Suite 1000, Fresno, CA 93721 6. The Official Designated by the Governing Board to enter into the Grant Subaward for the City/County or Community-Based Organization, as stated in Section 15 of the Grant Subaward Face Sheet: Name; Ernest Buddy Mendes Title:Chairman, Fresno County Board of Supervisors Telephone #: (559)600-4000 Email Address:District4@fresnocountyca.gov Address/City/Zip + 4: 2281 Tulare Street,3rd Floor, Fresno,93721 7. The Chair of the Governing Body of the Subrecipient: Name: Ernest Buddy Mendes Title: Chairman, Fresno County Board of Supervisors Telephone #: (559)600-4000 Email Address: District4@fresnocountyca.gov Address/City/Zip + 4: 2281 Tulare Street,3rd Floor, Fresno,93721 Project Contact Information Cal OES 2-102 (Revised 07/2019) SIGNATURE AUTHORIZATION Subaward #: Subrecipient: Fresno County Implementing Agency: Fresno County District Attorney's Office *The Project Director and Financial Officer are REQUIRED to sign this form. Traci Fritzler * / *Project Direc or: Financial Officer: St rliRus ni Signature Signature: Date: Date: ------------------------------------------------------------------------------------------------------------------------------- The following persons are authorized to sign The following persons are authorized to sign for the Project Director for the Financial Officer Sig ature Signature Stephen Wright Ruth Falcon Printed Name Printed Name Signature Signature Printed Name Printed Name Signature Signature Printed Name Printed Name Signature Signature Printed Name Printed Name Signature Signature Printed Name Printed Name Signature Authorization-Cal OES 2-103 (Rev.07/2019) CERTIFICATION OF ASSURANCE OF COMPLIANCE Services*Training*Officers*Prosecutors (STOP) Formula Grant Program as authorized by the Violence Against Women Act (VAWA) The Applicant must complete a Certification of Assurance of Compliance-STOP (Cal OES 2-104g), which includes details regarding federal grant funds, the Equal Employment Opportunity, Drug Free Workplace Compliance, California Environmental Quality Act, Lobbying, Debarment and Suspension requirements, Proof of Authority from City Council/Governing Board, Civil Rights Compliance, and the special conditions for Subaward with the above mentioned fund. The Applicant is required to submit the necessary assurances and documentation before finalization of the Grant Subaward. In signing the Grant Subaward Face Sheet, the Applicant formally notifies Cal OES that the Applicant will comply with all pertinent requirements. Resolutions are no longer required as submission documents. Cal OES has incorporated the resolution into the Certification of Assurance of Compliance, Section VII, entitled, "Proof of Authority from City Council/Governing Board."The Applicant is required to obtain written authorization (original signature) from the City Council/Governing board that the official executing the Grant Subaward is, in fact, authorized to do so, and will maintain said written authorization on file and readily available upon demand. This requirement does not apply to state agencies. Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) CERTIFICATION OF ASSURANCE OF COMPLIANCE Services*Training*Officers*Prosecutors (STOP) Formula Grant Program as authorized by the Violence Against Women Act (VAWA) 1, Ernest Buddy Mendes hereby certify that (official authorized to sign; same person as Section 15 on Grant Subaward Face Sheet) Subrecipient: Fresno County Implementing Agency: District Attorney's Office Project Title: Violence Against Women Vertical Prosecution (VV) Program is responsible for reviewing the Subrecipient Handbook and adhering to all of the Grant Subaward requirements (state and/or federal) as directed by Cal OES including, but not limited to, the following areas: I. Federal Grant Funds Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to Office of Management & Budget (OMB) Uniform Guidance 2 Code of Federal Regulations (CFR) Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Subrecipient Handbook for more detail. ❑E The above named Subrecipient receives $750,000 or more in federal grant funds annually. ❑ The above named Subrecipient does not receive $750,000 or more in federal grant funds annually. II. Equal Employment Opportunity-(Subrecipient Handbook Section 2151) It is the public policy of the State of California to promote equal employment opportunity (EEO) by prohibiting discrimination or harassment in employment because of race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age, sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by state or federal law. Cal OES-funded projects certify that they will comply with all state and federal requirements regarding equal employment opportunity, nondiscrimination and civil rights. Please provide the following information: Equal Employment Opportunity Officer: Vanessa Jimenez Title: Human Resources Manager Address: 2220 Tulare Street, Suite 1400, Fresno, CA 93721 Phone: (559) 600-1830 Email: vjimenez@fresnocountyca.gov Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 1 III. Drug-Free Workplace Act of 1990- (Subrecipient Handbook, Section 2152) The State of California requires that every person or organization subawarded a grant or contract shall certify it will provide a drug-free workplace. IV. California Environmental Quality Act (CEQA)- (Subrecipient Handbook, Section 2153) The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.) requires all Cal OES-funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance with CEQA requirements. V. Lobbying -(Subrecipient Handbook Section 2154) Cal OES grant funds, grant property, or grant-funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. VI. Debarment and Suspension -(Subrecipient Handbook Section 2155) (This applies to federally-funded grants only.) Cal OES-funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency. VII. Proof of Authority from City Council/Governing Board -(Subrecipient Handbook Section 1350) The above-named organization (Applicant) accepts responsibility for and must comply with the requirement to obtain a signed resolution from the City Council/Governing Board in support of this Program. The Applicant must provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of Cal OES, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Grant Subaward, including civil court actions for damages, shall be the responsibility of the grant Subrecipient and the authorizing agency. The State of California and Cal OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from Cal OES shall not be used to supplant expenditures controlled by the City Council/Governing Board. Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 2 The Applicant is required to obtain written authorization from the City Council/Governing Board that the official executing this Grant Subaward is, in fact, authorized to do so. The Applicant is also required to maintain said written authorization on file and readily available upon demand. Vill. Civil Rights Compliance The Subrecipient complies with all laws that prohibit excluding, denying or discriminating against any person based on actual or perceived race, color, national origin,disability, religion, age, sex, gender identity, and sexual orientation in both the delivery of services and employment practices and does not use federal financial assistance to engage in explicitly religious activities. IX. Special Condition for Grant Subaward with Services*Training*Officers*Prosecutors (STOP) Formula Grant Program Funds 1. Applicability of Part 200 Uniform Requirements The Subrecipient must comply with 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"), and the current edition of the DOJ Grants Financial Guide as posted on the OVW website, including any updated version that may be posted during the period of performance. The Subrecipient also agrees that all financial records pertinent to this award, including the general accounting ledger and all supporting documents, are subject to agency review throughout the life of the award, during the close-out process, and for three years after submission of the final Federal Financial Report (SF-425) or as long as the records are retained, whichever is longer, pursuant to 2 C.F.R. 200.333, 200.336. 2. Compliance with DOJ Grants Financial Guide The Subrecipient must comply with the Department of Justice Grants Financial Guide as posted on the OVW website. 3. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (including reporting requirements and OVW authority to terminate award) The Subrecipient 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 Subrecipients or individuals defined (for purposes of this condition) as "employees" of any Subrecipient. The details of the Subrecipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OVW web site at https://www.justice.gov/ovw/award-conditions (Award Condition: Prohibited conduct by Subrecipients related to trafficking in persons (including reporting Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 3 requirements and OVW authority to terminate award)), and are incorporated by reference here. 4. Compliance with Applicable Rules Regarding Approval, Planning, and Reporting of Conferences, Meetings, Trainings, and Other Events The Subrecipient 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 on the OVW website at https://www.justice.gov/ovw/conference-planning. 5. Effect of Failure to Address Audit Issues The Subrecipient 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 Subrecipient 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. 6. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The Subrecipients 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. Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 4 7. Compliance with General Appropriations-Law Restrictions on the Use of Federal Funds for this Fiscal Year The Subrecipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, for each fiscal year, are set out at https://www.justice.gov/ovw/award-conditions (Award Condition: General appropriations-law restrictions on use of federal award funds), and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a Subrecipient would or might fall within the scope of an appropriations-law restriction, the Subrecipient is to contact OVW for guidance, and may not proceed without the express prior written approval of OVW. 8. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters No Subrecipient, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. a. In accepting this award, the Subrecipient: o 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 o 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. Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 5 b. If the Subrecipient does or is authorized under this award to make Subawards, procurement contracts, or both: o It represents that (1 ) it has determined that no other entity that the Subrecipient's application proposes may or will receive award funds (whether through a Subaward, 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 o It certifies that, if it learns or is notified that any Subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 9. 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), the Subrecipient understands that DOJ encourages Subrecipients 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. 10. Additional DOJ Awarding Agency Requirements The Subrecipient 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 Subrecipient is designated as"high- risk" for purposes of the DOJ high-risk grantee list. 11. OVW Training Guiding Principles The Subrecipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Subrecipients, available at Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 6 https://www.justice.gov/ovw/grantees. 12. Statutory Requirements The Subrecipient must comply with all relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.0 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, and OVW's implementing regulations at 28 CFR Part 90. 13. Misuse of Award Funds The Subrecipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. The Subrecipients understands and agrees that grant funds may be used only for the purposes in the Subrecipient's approved application. 14. Consultant Compensation Rates The Subrecipient acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of $81 .25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, Subrecipients must submit to OVW a detailed justification and have such justification approved by OVW, prior to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone does not indicate approval of any consultant rate in excess of $81 .25 per hour, not to exceed $650 per day. Although prior approval is not required for consultant rates below this specified maximum rate, Subrecipients are required to maintain documentation to support all daily or hourly consultant rates. 15. Publications disclaimer for STOP Formula Subrecipients The Subrecipient agrees that all materials and publications (written, web-based, audio-visual, or any other format) resulting from Subaward activities shall contain the following statement: "This project was supported by Subgrant No. VV20030100 awarded by the state administering office for the Office on Violence Against Women, U.S. Department of Justice's STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice:' Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 7 16. Activities that compromise victim safety and recovery or undermine offender accountability The Subrecipient agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation under which the approved application was submitted. 17. Copyrighted Works Pursuant to 2 C.F.R. 200.315(b), the Subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. OVW reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work, in whole or in part (including in the creation of derivative works), for federal purposes, and to authorize others to do so. OVW also reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, in whole or in part (including in the creation of derivative works), any work developed by a Subrecipient of this award, for federal purposes, and to authorize others to do so. It is the responsibility of the Subrecipient (and of each contractor, or subcontractor as applicable) to ensure that this condition is included in any Subaward, contract, or subcontract under this award. 18. Requirement to report actual or imminent breach of personally identifiable information (PII) The Subrecipient must have written procedures in place to respond in the event of an actual or imminent breach (as defined in OMB M-17-12) if it -- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information (PII) (as defined in 2 C.F.R. 200.79) within the scope of an OVW grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-130). The Subrecipient's Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 8 breach procedures must include a requirement to report actual or imminent breach of PH to an OVW Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 19. Unreasonable restrictions on competition under the award; association with federal government No Subrecipient may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by DOJ. The details of the Subrecipient's obligations under this condition are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (Award Condition: Unreasonable restrictions on competition under the award; association with federal government), and are incorporated by reference here. 20. Determinations of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated in the application for the award (as approved by DOJ), the DOJ funding announcement (solicitation), or an associated federal statute - that a purpose of some or all of the activities to be carried out under the award (whether by the Subrecipient is to benefit a set of individuals under 18 years of age. The Subrecipient must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 21 . Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The Subrecipient 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. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The Subrecipient 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. Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 9 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 Subrecipient organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to Subrecipients and Subrecipients that are faith-based or religious organizations. 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The Subrecipient 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." 24. Restrictions on "lobbying" and policy development In general, as a matter of federal law, federal funds may not be used by the Subrecipient, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, in order to avoid violation of 18 U.S.C. § 1913. The Subrecipient may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. § 12291(0)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded by OVW from being used by the Subrecipient 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 Subrecipient would or might fall within the scope of these prohibitions, the Subrecipient is to contact OVW for guidance, and may not proceed without the express prior written approval of OVW. 25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The Subrecipient must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 10 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 Subrecipient 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 Subrecipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 26. VAWA 2013 nondiscrimination condition The Subrecipient acknowledges that 34 U.S.C. § 12291 (b)(13) prohibits Subrecipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. The Subrecipient agrees that it will comply with this provision. The Subrecipient also agrees to ensure that any subaward or subcontractor will comply with this provision. 27. Non-supplantation The Subrecipient agrees that grant funds will be used to supplement, not supplant, non-federal funds that would otherwise be available for the activities under this grant. 28. Confidentiality and information sharing The Subrecipient agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The Subrecipient also agrees to ensure that all Subrecipients meet these requirements. 29. Requirements for Subrecipients providing legal assistance The Subrecipient agrees that the legal assistance eligibility requirements, as set forth below, are a continuing obligation on the part of the Subrecipient. The legal assistance eligibility requirements are: (1) any person providing legal assistance through a program funded under this grant program (A) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or (B) (i) is partnered with an entity or person that has demonstrated expertise described in Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 11 subparagraph (A); and (ii) has completed or will complete training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide; (2) any training program conducted in satisfaction of the requirement of paragraph (1) has been or will be developed with input from and in collaboration with a state, local, territorial, or tribal domestic violence, dating violence, sexual assault, or stalking victim service provider or coalition, as well as appropriate state, local, territorial, and tribal law enforcement officials; (3) any person or organization providing legal assistance through this grant program has informed and will continue to inform state, local, territorial, or tribal domestic violence, dating violence, stalking, or sexual assault programs and coalitions, as well as appropriate state and local law enforcement officials of their work; and (4) the Subrecipient's organizational policies do not require mediation or counseling involving offenders and victims physically together, in cases where sexual assault, dating violence, domestic violence, or child sexual abuse is an issue. The Subrecipient also agrees to ensure that any subaward or contractor will comply with this condition. 30. Hiring Documents The Subrecipient must keep, maintain, and preserve all documentation (such as Form 1-9s or equivalents) regarding the eligibility of employees hired using the funds. Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev.4/2020) 12 All appropriate documentation must be maintained on file by the project and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Subrecipient may be ineligible for Subaward of any future grants if the Cal OES determines that any of the following has occurred: (1) the Subrecipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION I, the official named below, am the same individual authorized to sign the Grant Subaward [Section 15 on Grant Subaward Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant Subrecipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Authorized Official's Signature: Authorized Official's Typed Name:Ernest Buddy Me des Authorized Official's Title:Chairman, Fresno County Board of Supervisors Date Executed: LQ l-Lo 2,,-, Federal Employer ID #: Federal DUNS #030363902 Current System for Award Management (SAM) Expiration Date:7/30/21 Executed in the City/County of:Fresno ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of C iifornia AUTHORIZED BY: (not applicable to State agencies) Bye Deputy ❑ City Financial Officer ❑■ County Financial Officer ❑ City Manager ❑ County Manager ❑ Governing Board Chair f Signature: Typed Name: Oscar J. Garcia Title: Auditor-Controller/Treasurer-Tax Collector t Certification of Assurance of Compliance—STOP Cal OES 2-104g (Rev.4/2020) 13 BUDGET CATEGORY AND LINE ITEM DETAIL Subrecipient: Subaward#: 25%VAWA A. Personal Services-Salaries/Employee Benefits VAWA 2020 MATCH 2O20 COST CLASSIFICATIONS: 1.0 FTE-Deputy District Attorney Program funded salary($10,103 mo @ 1.0 FTE @ 12mo) 90,927 30,309 121,236 Unemployment($121,236 @.000843) 77 25 102 Retirement($121,236 @.5656) 51,428 17,143 68,571 OASDI($121,236 @.07512) 6,830 2,277 9,107 Workers Comp Ins($121,236 @.012723) 1,156 386 1,542 Benefit Rate($121,236 @.0012) 109 36 145 Health Ins($743 per month) 6,687 2,229 8,916 .50 FTE-Victim-Witness Advocate Program funded salary($3,947 mo @.50 FTE @ 12mo) 17,762 5,920 23,682 Retirement($23,682 @.5719) 10,158 3,386 13,544 OASDI($23,682 @.0678) 1,204 402 1,606 Health Ins($981 per month @ 50%) 4,415 1,471 5,886 .144368 FTE-Senior DA Investigator Program funded salary($8,431.00 mo @.144368 FTE @ 12mo) 10,954 3,652 14,606 OASDI($11,041 @.0765) 838 279 1,117 Personal Section Totals 202,545 PERSONAL SECTION TOTAL $270,060 Cal OES 2-106a (Revised 10/2019) BUDGET CATEGORY AND LINE ITEM DETAIL Subrecipient: Subaward#: VAWA 25%VAWA B. Operating Expenses Fundl Fund2 Fund3 Fund4 2020 MATCH 2O20 COST Operating Section Totals OPERATING SECTION TOTAL Cal OES 2-106a (Revised 10/2019) BUDGET CATEGORY AND LINE ITEM DETAIL Subrecipient: Subaward #: VAWA 25%VAWA C. Equipment Fundl Fund2 Fund3 Fund4 2020 MATCH 2O20 COST Equipment Section Totals EQUIPMENT SECTION TOTAL Category Totals Some as Section 12G on the Grant Subaward $202,545 $67,515 Face Sheet Is Total Project Cost $270,060 Cal OES 2-106a (Revised 10/2019) Subrecipient: County of Fresno Subaward #: VV20030100 Budget Narrative The proposed Violence Against Women Vertical Prosecution Project budget supports one level IV Deputy District Attorney, one Victim Advocate and one Senior DA Investigator position. All items included in the budget are devoted 100% to "project" activity. This budget directs 100% of the $270,060 total cost to salaries and benefits in direct support of the project. Salaries and benefits make up 100% of the budget and fund the project prosecutor who is an experienced Deputy District Attorney IV with felony trial and DV experience, the 50% FTE Victim Advocate and 14.44% FTE Senior DA Investigator. Operating expenses will be funded by Fresno County. The level IV Deputy District Attorney position will ensure that the project prosecutor will be highly experienced in the handling of felony trial matters. The Senior DA Investigator will assist the prosecutor with case related investigation and be highly experienced in the handling of felony trial matters. The Victim Advocate position will have experience in dealing with victims and will possess education/training as specified in Evidence Code Sections 1035.5- 1036 (Domestic Violence) and/or 1037.1-1037.8 (Sexual Assault) and/or Penal Code section 13835.10 (Victim/Witness) as outlined in the Program Guidelines. The Unit's victim advocate will work cooperatively with the Marjaree Mason Center, the Fresno County Sheriff's Department and other interested community agencies to provide services. Those services include the following activities: 1) crisis intervention, 2) emergency assistance, 3) resource and referral assistance, 4) direct counseling, 5) assist with victim of crime claims, 6) property return, 7) orientation to the criminal justice system, 8) court escort, 9) presentations and trainings for criminal justice agencies, 10) public presentations, 11) case status, 12) notification of family/friends, 13) employer notification/intervention and 14) restitution. The above-mentioned prosecutor-victim advocate partnership as supported in the budget is well positioned to effectively achieve the stated goals of the project. Budget Narrative—Cal OES 2-107(Revised 3/2019) 1 Subrecipient: County of Fresno Subaward #: VV20030100 This project will not require subcontractors or have any unusual expenditures. Program staff does not have a planned cost of living adjustment for calendar year 2021. Budget Narrative—Cal OES 2-107(Revised 3/2019) 2 Subrecipient:_ Fresno County Subaward #: Project Narrative So far in 2020, ten new cases have been referred to and accepted for vertical prosecution. Of those cases, one involves a charge of attempted murder by strangulation, and another of attempted murder by personal discharge of a firearm. Two more allege assault with a firearm. Finally, two others allege non-spousal rape by force. In the case of attempted murder by personal discharge of a firearm, the defendant has fled the jurisdiction, and we are in the process of extraditing him back to Fresno County from the defendant's country of origin—a highly involved process that may take several years to accomplish. Current caseload of the vertical prosecution unit consists of nineteen "active," and seven additional cases. Active cases are those pending an evidentiary hearing (either a preliminary hearing or a trial) where the defendant has refused to enter a plea of guilty. Remaining cases are those where the defendant has entered a plea and is now pending sentencing. All cases within the current caseload are being handled using the true vertical prosecution model. Above-noted twenty-six cases resulted in forty victims of intimate-partner violence (sexual assault, domestic battery, stalking, etc.), child abuse, witness intimidation, and other offenses. Unit victim advocate, Vanessa Flores, and unit prosecutor, Ismail Aliyev, routinely contact these victims and their guardians (when victims are minors.) We have established a process whereby the unit prosecutor reviews all cases referred for felony domestic violence filing by rural agencies served by this grant (all police departments in Fresno County except Fresno City Police Department.) The unit prosecutor then identifies and keeps on the vertical prosecution unit those cases that meet the unit criteria. These criteria include, but are not limited to, cases which involve either a"serious" or a"violent" felony defined within the California Penal Code §§ Project Narrative—Cal OES 2-108 (Revised 3/2019) 1 Subrecipient: Fresno County Subaward #: 667.5(c) and 1192.7, and felonies of stalking or sexual assault. The unit prosecutor files the non- retained cases for the "general" domestic violence team within the Fresno County District Attorney's Office, which is comprised of eight prosecutors. Pursuant to the California Penal Code § 784.7, when two or more domestic violence, sexual assault, or stalking offenses occur in more than one physical jurisdiction, either of those jurisdictions can maintain prosecution for all of those offenses. However, all district attorney offices of the jurisdictions where the offenses occurred must agree to cede jurisdiction over those offenses to the office which will ultimately maintain the prosecution. Within the"active" caseload on the vertical prosecution unit, the unit prosecutor currently has two cases where the offenses occurred in two jurisdictions, and the Fresno County District Attorney's Office received authorization to prosecute. That is the preferred outcome for the unit prosecutor as the unit prosecutor aims to direct the prosecution process, and as the unit prosecutor is not"deputized"to prosecute cases in any other county. To date in either the year 2019 or 2020,the unit prosecutor has not ceded jurisdiction over a case of domestic violence, sexual assault, or stalking that had been referred to the unit prosecutor for filing consideration. Once the unit prosecutor determines that a case qualifies for retention, a physical file is created, and the case file passes on to the victim advocate. Victim advocate establishes her own physical file within which she documents her contact with victims and retains information pertinent to each victim. Upon receipt of the physical file, victim advocate makes immediate efforts to contact the victim(s) and to ascertain each victim's needs and vulnerabilities, and answer most immediately pressing questions (bail, possible release out of custody, Fresno County Jail victim Project Narrative—Cal OES 2-108(Revised 3/2019) 2 Subrecipient: Fresno County Subaward #: notification system, etc.) Victim advocate aims to maintain weekly contact with each victim, equip each victim with tools to assure victim's safety, and encourage victim participation in the criminal justice system. Victim advocate is equipped with a department-issued cell phone and has access to a department-provided vehicle. Victim advocate is accessible to victims via phone and text, and is able to make house calls (COVID-19 concerns permitting.) In addition to the physical file, the Fresno District Attorney's Office has recently established an "ePro" system—a digital web-based system for case management. This system is currently being utilized by the unit prosecutor, the victim advocate, and the senior investigator Laura Hall to store items of evidence, and to document history of victim contact and pertinent information for each victim. This system avails itself to remote access, and enables the unit prosecutor, victim advocate, and the senior investigator to rapidly share information when necessary. In addition to those cases the unit prosecutor identified as meeting the criteria for retention at the time of filing, the unit prosecutor may choose to absorb a case that was initially declined for retention and prosecute that case via either the major stage vertical prosecution or the unit vertical prosecution models. This may occur in several instances. If during the pendency of the non-retained case, the defendant reoffends against the same or another victim, and the unit prosecutor then retains the latter case, the unit prosecutor will absorb the initially non-retained case for a"consolidated"prosecution. It may also occur when the unit prosecutor fails to initially identify, or the victim later reveals some peculiar vulnerabilities, which require a greater than average assistance from the victim advocate. Project Narrative—Cal OES 2-108 (Revised 3/2019) 3 Subrecipient: Fresno County Subaward #: Unit prosecutor maintains almost daily contact with the detectives and the police officers of the various police agencies, and provides two-hour domestic violence trainings to local law enforcement agencies multiple times per year. So far in 2020, unit prosecutor conducted two such trainings at the Fresno Sheriff's Office headquarters and three more at the local victim's shelter—Marjaree Mason Center. He is scheduled to conduct another on September 3, 2020 for the Clovis Police Department. Previously in 2019, unit prosecutor conducted two such trainings at the Sanger Police Department, which presentations were video recorded for re-use by the department staff. In addition to training presentations, the unit prosecutor and the victim advocate conduct quarterly multi-disciplinary meetings with members of the rural police departments, and other "allies," such as members of the Rape Counselling Center, Marjaree Mason Center, Fresno County Probation Office of the Victim Advocate, Centro La Familia(immigration and family advocacy center), etc. The most recent such meeting took place on August 18, 2020. Agendas for the multi-disciplinary meetings can be varied but typically include questions and concerns associated with furthering victim participation in the criminal justice system. As part of each training presentation and multi-disciplinary meeting, the unit prosecutor aims to provide to the group current legal updates that may impact the work of the police departments or the "allies," including bail reform process, and the pre-filing bail enhancement procedures pursuant to California Penal Code § 1269c. The unit prosecutor also provides updates on upcoming trials and individual victim concerns, etc. The most recent multi-disciplinary meeting concerned COVID-19 adjustment topics. We discussed the California emergency $0 bail Project Narrative—Cal OES 2-108(Revised 3/2019) 4 Subrecipient: Fresno County Subaward #: provisions and their applications to the domestic violence charges, the California executive moratorium on transfers of inmates to state prisons, Fresno Superior Court procedures on maintaining public forums by broadcasting hearings via the YouTube platform and the impact that this procedure may have on victims' willingness to participate, and other topics. As part of each presentation and multi-disciplinary meeting, the unit prosecutor offers his direct contacts and informs the group of availability to attend future events put on by an individual group member, and to discuss topics of specific interest to that group member. Through participation in the two-hour presentations and the multi-disciplinary meetings, the unit prosecutor has been able to establish relationships with individual group members that are beneficial to the success of the prosecution efforts. Unit prosecutor regularly receives phone calls from individual police officers seeking assistance in the on-going investigations, and the "allies" often offer assistance to the victim advocate and the senior investigator in locating and establishing contact with victims. Project Narrative—Cal OES 2-108 (Revised 3/2019) 5 PROJECT SERVICE AREA INFORMATION 1 . COUNTY OR COUNTIES SERVED: Enter the name(s) of the county or counties served by the project. Put an asterisk where the project's principal office is located. Fresno* 2. U.S. CONGRESSIONAL DISTRICT(S): Enter the number(s) of the U.S. Congressional District(s) which the project serves. Put an asterisk for the district where the project's principal office is located. 18th District 19th District 20th District* 21 st District 3. STATE ASSEMBLY DISTRICT(S): Enter the number(s) of the State Assembly District(s) which the project serves. Put an asterisk for the district where the project's principal office is located. 23rd District 31 st District* 4. STATE SENATE DISTRICT(S): Enter the number(s) of the State Senate District(s) that the project serves. Put an asterisk for the district where the project's principal office is located. 14th District 16th District' 5. POPULATION OF SERVICE AREA: Enter the total population of the area served by the project. 994,400 Project Service Area Information - Cal OES 2-154 (Revised 7/2019) d C C m c R V N 1=Aa T jp d > N m .° •m � q W G° it C i i N .y N N ¢ _ to 1q O � O L 01 a N In „ upl N O N t U u V1 Li d •y •�f0 4Q�� a' O O C Q pOp �`p ° O p, N u O O N C p N W N O U! 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