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HomeMy WebLinkAboutAgreement A-17-548 with BSCC.pdfTitle II Grant Year 3 Reapplication Applications due by 5:00 p.m., August 31, 2017 In addition to the original Title II Formula Grant Request for Proposals, this Reapplication packet includes important information about funding provisions, grant eligibility, and application submission requirements. TITLE II JUVENILE DELINQUENCY PREVENTION AND INTERVENTION GRANT PROGRAM YEAR 3 REAPPLICATION PACKET RELEASED AUGUST 1, 2017 Four-Year Project Cycle October 1, 2015 to September 30, 2019 Title II Grant Year 3 Reapplication Table of Contents CONTACT INFORMATION ............................................................................................. 1 SUBMISSION INSTRUCTIONS ...................................................................................... 1 GRANT REQUIREMENTS .............................................................................................. 2 **NEW GRANT REQUIREMENTS** ............................................................................... 4 BACKGROUND .............................................................................................................. 5 YEAR 3 REAPPLICATION .............................................................................................. 6 SECTION I: APPLICANT INFORMATION ..................................................................... 6 SECTION II: GRANT PROJECT TIMELINES ................................................................. 7 SECTION III: PROPOSED BUDGET ............................................................................ 12 SECTION IV: PROJECT PROGRESS AND PLANS ..................................................... 15 SECTION V: SUSTAINABILITY .................................................................................... 16 SECTION VI: PROJECT DESCRIPTION ...................................................................... 16 APPENDIX A – SAMPLE STANDARD AGREEMENT .................................................. 17 Title II Grant Year 3 Reapplication, p. 1 CONTACT INFORMATION This non-competitive Reapplication Packets provides information necessary to prepare a reapplication to the Board of State and Community Corrections (BSCC) for the Title II Juvenile Delinquency Prevention and Intervention Grant Program for Year 3 of funding. Funding will be awarded upon the successful completion of the Year 2 grant period and the submittal of the reapplication for Year 3 funding. Questions concerning this packet should be directed to: Eloisa R. Tuitama, Field Representative Corrections Planning and Grant Programs Division Phone Number: (916) 341-7328 Fax Number:(916) 327-3317 Email: eloisa.tuitama@bscc.ca.gov SUBMISSION INSTRUCTIONS For Year 3 funding consideration, submit one originally signed Reapplication Packet to the BSCC’s Corrections Planning and Programs Division by 5:00 p.m. on August 31, 2017. Reapplication packets must be received in-house – not just postmarked – by the due date. Packets must be submitted to: Board of State and Community Corrections Corrections Planning and Grant Programs Division 2590 Venture Oaks Way, Suite 200 Sacramento, CA 95833 Attn: Eloisa R. Tuitama, Field Representative In addition, an e-copy/pdf of the same signed and dated reapplication must be emailed to eloisa.tuitama@bscc.ca.gov by August 31, 2017. A complete reapplication packet includes: • Sections I through VI including completion of all the required information in the tables and narrative fields within the reapplication document. Applicants must use the fill-in format provided by the BSCC. Title II Grant Year 3 Reapplication, p. 2 GRANT REQUIREMENTS Eligibility, Grant Period, and Funding Amount Eligible applicants are current Title II grantees who were selected through a competitive process to receive Title II funding for a four-year cycle from October 1, 2015 to September 30, 2019 in the following program purpose areas: Aftercare/Reentry • CA Youth Outreach $225,000 • El Dorado County Probation Department $149,985 • Fresno County Probation Department $300,000 • Shasta County Probation Department $146,938 • Youth Employment Partnership $94,881 Alternatives to Detention • Santa Cruz Probation Department $196,200 • South Bay Community Services $300,000 Delinquency Prevention • Centinela Youth Services $299,996 • Community Works West $300,000 Diversion • North County Lifeline $297,000 • Restorative Resources $225,000 • Watsonville (City of) Police Department $225,000 Title II grantees are eligible to apply for continuation funding through this non-competitive reapplication process for Year 3, which is October 1, 2017 to September 30, 2018. Grantees may request up to a maximum amount of their original award as listed above. Grant Agreement If the BSCC approves a Title II grantee’s reapplication, the grantee is required to enter into a Grant Agreement with the BSCC. Grantees must agree to comply with all conditions of the Grant Agreement, all required assurances, general terms and conditions, and all budget items and conditions as contained in their reapplications. In addition, all awarded projects and any subcontractors must comply with General Terms and Conditions (GTC) 610 as provided in Appendix A. Each grantee is responsible for maintaining the Grant Agreement, all invoices, records, and relevant documentation for at least three (3) years after the final payment under the Grant Agreement. Eligible Grant Expenditures Grant funds can be used to supplement existing funds dedicated to the project, but must not supplant funds that have been appropriated for the same purpose. For information on eligible and ineligible costs, please refer to the BSCC Grant Administration Guide on our website at: http://www.bscc.ca.gov/s_cppgrantfundedprograms.php In addition, all funds must be used consistent with the requirements within the 2015 Department of Justice Grants Financial Guide, available at: Title II Grant Year 3 Reapplication, p. 3 https://ojp.gov/financialguide/DOJ/index.htm Invoices The BSCC disburses grant funds on a reimbursement basis for costs incurred during the grant period. The State Controller’s Office will issue the reimbursement or warrant only to the designated Financial Officer on the Year 3 reapplication. Grantees must submit invoices to the BSCC on a quarterly basis. The deadline is 45 days following the end of each quarter. Specific deadlines will be listed in the Grant Agreement. Grantees must maintain adequate supporting documentation for all costs claimed on invoices. The BSCC may request supporting documentation with each invoice submission. BSCC staff will conduct Comprehensive Monitoring Visits on-site for each grantee. These visits will have a Fiscal Review component where the BSCC will review and substantiate supporting documentation for expenses charged to the grant. Audit The grantee must submit an audit of expenditures, which may be either Program Specific or part of a Single City/County Audit Report, within 120 days of the end of the grant period. Reasonable and necessary extensions to the due date may be granted, if requested. In addition, the BSCC reserves the right to require a financial audit any time between the execution of the grant agreement and 60 days after the end of the grant period. Comprehensive Monitoring Visits The BSCC staff will conduct Comprehensive Monitoring Visits with each grantee. The purpose of these visits is to assess whether a project complies with the grant program’s administrative, programmatic, and fiscal requirements, including applicable Federal requirements. BSCC staff will also assess the progress each project has made toward its goals and objectives and provide technical assistance as needed. Progress Reports Grantees will be required to submit quarterly progress reports to Eloisa R. Tuitama, Field Representative, at eloisa.tuitama@bscc.ca.gov. Progress reports are due 45 days following the end of each quarter. Specific deadlines will be listed in the Grant Agreement. At the end of the grant period, BSCC staff will compile, analyze, and synthesize the information and data report. BSCC staff will then upload the information and data into the Office of Juvenile Justice and Delinquency Prevention’s online Data Reporting Tool (DCTAT). Reducing Racial and Ethnic Disparity (R.E.D.) The BSCC is committed to working with state and local agencies to reduce the overrepresentation of youth of color who come into contact with the juvenile justice system (at all points, from arrest through confinement) relative to their numbers in the general population. In support this effort, the BSCC periodically provides R.E.D. training for project directors and other interested staff. This training may be provided during this grant award year. Award recipients will be contacted with details about the R.E.D. training dates and locations should training be offered. Additional information about R.E.D. reduction can be found at the BSCC website: http://www.bscc.ca.gov/s_cppgrantfundedprograms.php **NEW GRANT REQUIREMENTS** Title II Grant Year 3 Reapplication, p. 4 Federal Requirements state, in part, that to be eligible for continued funding through the OJJDP Title II Formula Grant Program, R.E.D. grantees are subject to the following:  The Project Director and Designated Fiscal Contact may be required by the BSCC to complete the United States Department of Justice Grants Financial Management Training the grant award by visiting the link below and keep the certificate of completion of file with all other official grant documents. USDOJ Grants Financial Management Training: https://ojpfgm.webfirst.com  The grantee 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 Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data. This is a mandatory requirement of the Title II Formula Grant Program. Dun & Bradstreet: https://iupdate.dnb.com/iUpdate/ Additionally, the BSCC is committed to the utilization of evidence-based principles and innovative, promising approaches that focus on effectiveness, efficiency, and equity (e.g., culturally competent and gender-responsive programming) have demonstrated success toward the reduction of disparity. It places an emphasis on achieving measurable outcomes and making sure services provided and resources used are effective. Successful implementation of EBP includes: • organizational development to create and sustain a culture accepting of best practices and evidence-based approaches, including a commitment to initial and ongoing professional development and training; • use of validated risk/needs assessment tools; • data collection and analysis; • use of programs and practices known to produce positive criminal justice outcomes • quality assurance assessments to ensure program/principle fidelity • performance management to improve programs and policies • a “systems change approach” to develop collaborations so tasks, functions and sub-units work effectively together and not at cross-purposes, and, • A focus on sustainability. The BSCC may provide such training during the grant award year. If so, the courses will be provided at no cost to grantees and will address issues relevant to participants, whether new or experienced. Grantees may also choose to register/attend similar trainings offered by other subject matter experts. Grantees may also choose to host and deliver their own EBP training. BSCC staff is available to provide technical assistance in support of such training. BACKGROUND Title II Grant Year 3 Reapplication, p. 5 The Juvenile Justice and Delinquency Prevention Act of 1974 (last reauthorized in 2002) provides funds to states on the custody and care of youth in the justice system. The law establishes the Title II Formula Grants program, which supports the development of programs to address delinquency and improve the juvenile justice system. Please see the original Request for Proposals for descriptions of each year of the grant. The purpose of Year Three is for Title II grantees to continue supporting the administration of the direct service project, including its monitoring, evaluation, and sustainability components. Title II Grant Year 3 Reapplication, p. 7 SECTION II: GRANT PROJECT TIMELINES . OTHER (e.g., travel expenses) Part A: In the table below, please provide the Year 2 Timeline that was submitted in your Year 2 reapplication. Indicate whether each proposed activity was completed within Year 2 of the project (Yes or No). You may add additional rows to the table as needed. Alternatively, for your convenience, you may attach your Year 2 Timeline from your prior reapplication. If choose to attach your prior timeline, please indicate directly on the attachment whether the activity was completed. Year 2 Proposed Grant Activity Timeline Proposed Activity Proposed Timeframe Completed (Y/N) Prepare STD-213 in Board Resolution in Review and Approval by the Board of Supervisors Within 4-6 Weeks (adjusting timeline based on first year) Y Submit to Board for Approval. Submit executed STD-213 and resolution to BSCC (Four weeks required minimum for agenda item) 6-10 weeks Y Staff and Support the work of the Juvenile Reentry Transition Committee Ongoing Y If there are staff changes and added volunteer support conduct security checks and training as well as regular Thinking for A Change Training Ongoing Y Outreach and Recruitment across the Juvenile Justice Campus for full programmatic enrollment of PREP program 1st Wednesday of the month outreach to PODs: 2nd Wednesday of the month applications due: 3rd Wednesday are the interviews Y Assess the entire prgoram, based on FF service provision of four key program components June 30-July 30 2017 Y Implement PREP Program Core Service: Workforice, Academics, Medical/Behavioral Health and Lifeskills Ongoing Y Establishment of Youth Council December 2016 Y Present Strategic Plan Draft to the Juvenile Reentry Transition Subcommittees, to collect additional community input At each subcommittee meeting Y Title II Grant Year 3 Reapplication, p. 8 Title II Grant Year 3 Reapplication, p. 9 Part B: Year 2 Timeline Narrative Use the narrative section below to explain activity delays in Year 2 and/or activities not originally proposed but completed as part of your project implementation year. Juvenile Reentry Transition Committee: The Juvenile Reentry Transition Committee meetings have not been held on a quarterly basis as intended as there have been some transitions within leadership of the committee, but the work to achieve the goals has been ongoing. The draft of the strategic plan was presented to the committee, during that time it was decided that a specific committee would be developed to continue to support the ongoing creation of the re-entry strategic plan. Focus Forward, community based organization and awarded vendor, were elected to chair the committee. Focus Forward has attended the out of custody services sub-committee meetings to review the draft of the strategic plan, and obtain input. Focus Forward plans to attend other sub-committee meetings and conduct the same process once schedules are finalized. Evaluation: A semi-annual evaluation report was completed by Anchoring Success by Alfaro, in January 2016, third party evaluator, and presented to Fresno Co. Probation and Focus Forward. Originally, in the timeline it was only presented that the evaluator would provide an annual evaluation, but as the development of this program is very important it was recommended that an evaluation be completed to evaluate the first 6 months of services of the program to indicate strengths and areas for improvements. Based on recommendations, adjustments were made to the services and recording of information. In May 2017 there was a transition with the data systems and there have been transitions with program staff, which caused some delays in data entering. All data was finalized at the end of July and although all the data was entered within the designated timeframe, it did not allow time for the evaluator to conduct its analysis within the original proposed time. The evaluator normally needs 6 to 10 weeks to complete the analysis for the reportIng. The annual evaluation report will be presented in October 2017. Outreach and Recruitment: Originally it was discussed that outreach, application acceptance and interviews would only be conducted once a month. Although, the discussed process was placed into effect the PREP team, soon realized that in order to meet the needs of the candidates and program outreach, recruitment efforts needed to be completed more frequently. The outreach and recruitment, application acceptance and interviews are scheduled to be completed two to three times a month which has nearly doubled the enrollment efforts. Title II Grant Year 3 Reapplication, p. 10 Part C: Year 3 Timeline Provide a proposed timeline for Year 2 of your project. You may either complete the table below or attach your own table that includes the information. Include approximate dates for major activities to be accomplished or obstacles to be cleared in the third year of funding. Include activities that were proposed for Year 2 but not completed, if still applicable. Proposed Activity Proposed Timeframe Anchoring Success by Alfaro (third party evaluator) Annual Evaluation Report Presentation October 2017 Follow Up and Apply Evaluator's Recommendations for Program Improvements as find best fit as a team for participants. Oct '17-Jan'18 Support the work of the Juvenile Reentry Transition Committee Ongoing Work Establish Juvenile Reentry Transition Strategic Plan Sub-Committee October 2017 Agricultural & Garden Project Development Ongoing Work Onboarding Training for Volunteers and New Staff (if applicable): Safety and Security Training, T4C, Focus Forward, etc Ongoing/As Needed Tours of Organization's Mission Ongoing Holiday and Success Celebration Dec 2017 Development of the Parent Component for Program Services Oct '17-Dec '18 Title II Grant Year 3 Reapplication, p. 11 Title II Grant Year 3 Reapplication, p. 12 Title II Grant Year 3 Reapplication, p. 13 Part D: Year 3 Timeline Narrative Quarters 1&2 Use the section below to briefly detail project activities to take place within the first two quarters of Year 3 (October 1, 2017 – March 31, 2018). Include any trainings for project staff, conferences, collaborative meetings with current and anticipated partners, project evaluation needs, etc. In October, the third party evaluator will be presenting an analysis on the aggregated data gathered throughout the course of the last year in an Annual Report Presentation. The presentation will be to Fresno Co. Probation Dept and Focus Forward, along with any other stakeholders that may be invited to the table. The annual report will later be used to share the impact of the work on the participants and community. In addition, the report will allow the team to learn about the strengths and areas for improvements to make adjustments accordingly. The recommendations of the evaluator will be taken into account and reviewed by the team to ensure that we are being proactive and following best practices possible. In October, vendor Focus Forward will be scheduling first Strategic Plan Sub Committee to begin the discussions around the original draft. It is anticipated that after the first meeting, meetings will be held on a quarterly basis. October-December: The PREP team has been following the best practices for reentry, and as parent involvement is frequently vital for the success of youth, the parent component is being expanded. The team has discussed potentially transitioning youth and families from one day furloughs to extended overnight furloughs. The goal is to expand the opportunities for parent and youth engagement pre- release. In December, a Holiday and Success Celebration is held hosted by vendor Focus Forward in where youth and families have an opportunity to have a sit down dinner that is catered at a venue event. The celebration program consists of highlighting families and youth and their successes. At the end of the evening, the participants are able to go shopping at a resource section, in where Focus Forward collects donations throughout the year (i.e. clothing, household items, personal care items, baby supplies, canned food, etc.). Agriculture and Garden Development: Probation is committed to the leadership development and holistic approach in helping youth learn more about how to get involved with their community. The Garden Project was developed with a few flowers and vegetables for the participants to plant on leisure time and the response was overwhelmingly positive, which prompted the team to further expand this project. The youth shared that they really enjoyed being outside and working in the garden and beautifying the Juvenile Justice Campus and more specifically the immediate area surrounding their housing unit. As agriculture is one of the dominating careers in the central valley it was decided to expand upon that area. There have been numerous discussions regarding incorperation plant science within their school curriculum as well as building a greenhouse near their housing unit so that they may experience hands on learning. Title II Grant Year 3 Reapplication, p. 14 Throughout all 4 quarters, staff, as well as volunteers and/or interns will be provided with ongoing training such as safety and security training, Thinking for A Change, Focus Forward mentor trainings, etc. On a quarterly basis, staff will support the Juvenile Reentry Transition meetings. The team will also attend conferences as opportunities arise that are relevant to the PREP program and re entry services. Quarters 3 &4 Provide a brief explanation of project plans for the third and fourth quarters of Year 3 (April 1, 2018 - September 30, 2018). Include planning activities, program evaluations, preparation for Year 3, sustainability planning, etc. In quarters 3 and 4 the work that has been started in Quarters 1 and 2 will continue and be ongoing. In Quarter 4, a 24 month evaluation report on the program will be conducted. Title II Grant Year 3 Reapplication, p. 15 SECTION III: PROPOSED BUDGET Part A: Year 3 Budget Table Complete the following table, using whole numbers, for the grant funds anticipated to be expended during the third year of the grant (October 1, 2017 to September 30, 2018), up to the original Year 1 Grant Award amount. The line items below represent how the BSCC will require grantees to report expenditures via its invoicing mechanism. Please verify total grant funds requested as the table does not auto-calculate. Applicants projecting to use grant funds for Indirect Costs / Administrative Overhead may not use more than 10 percent (10%) of the federal grant funds for this line item. The ‘Other’ budget category should be used for conference registrations, training fees, and/or travel expenditures. All funds shall be used consistent with the requirements within: • The BSCC Grant Administration Guide http://www.bscc.ca.gov/s_cppgrantfundedprograms.php • The 2015 Department of Justice Grants Financial Guide https://ojp.gov/financialguide/DOJ/index.htm BUDGET LINE ITEMS PROPOSED GRANT FUNDS 1. Salaries and Benefits $ 0 2. Services and Supplies $ 15,000 3. Professional Services $ 0 4. Community-Based Organization (CBO) Contracts $ 260,760 5. Indirect Costs / Administrative Overhead (may not exceed 10% of t d) $ 8,700 6. Fixed Assets/Equipment $ 0 7. Data Collection / Enhancement $ 0 8. Program Evaluation $ 15,000 9. Sustainability Planning $ 0 10. Other (include travel costs) $ 540 TOTAL $ 300,000 Title II Grant Year 3 Reapplication, p. 16 Part B: Budget Table Line Item Details: The reapplication must provide sufficient detail in each category below regarding how federal grant funds will be expended to implement and operate the project as identified in the Year 3 Budget Table (above). The reapplication must provide sufficient justification that the amount of grant funds requested is reasonable and appropriate given the project’s design and scope. If a budget line item is not applicable for the project, complete with N/A. 1. SALARIES AND BENEFITS (e.g., number of staff, classification/title, salary and benefits) Requested Grant Funds Year 3: $ 0 Narrative: N/A 2. SERVICES AND SUPPLIES (e.g., office supplies and training costs) Requested Grant Funds Year 3: $ 15,000 Narrative: Incentives for achievement of goals, as well as bus tokens and other items necessary for the youth and/or family to complete activities required by the reentry cae plan. 3. PROFESSIONAL SERVICES: (e.g., consultative services - include name of consultants or providers) Requested Grant Funds Year 3: $ 0 Narrative: N/A 4. COMMUNITY-BASED ORGANIZATION CONTRACTS (e.g., detail of services - provide name of CBO) Requested Grant Funds Year 3: $ 260,760 Narrative: Funding will maintain the contracted 2.0 FTE Social Workers and 2.5 Parent Partners 5. INDIRECT COSTS / ADMINISTRATIVE OVERHEAD: Indicate percentage and methodology for calculation. In the “Grant Funds” column of the previous table, this total may not exceed 10% of the total funds requested. Requested Grant Funds Year 3: $ 8,700 Narrative: Although the actual Indirect Cost Rate Proposal is 26.29% for the Fresno County Probation Department. A 2.9% administrative overhead will be charged to the grant. 6. FIXED ASSETS / EQUIPMENT (e.g., computers, other office equipment necessary to perform project activities) Requested Grant Funds Year 3: $ 0 Narrative: N/A 7. DATA COLLECTION /ENHANCEMENT (e.g., programming services, data analysis) Requested Grant Funds Year 3: $ 0 Title II Grant Year 3 Reapplication, p. 17 Narrative: Our JAS automated system is capable of capturing all required data. Internal data analysis willl not be charged to the grant. 8. PROGRAM EVALUATION (e.g., evaluator, materials) Requested Grant Funds Year 3: $ 15,000 Narrative: Funding covers the costs for a contracted independent program evaluator. 9. SUSTAINABILITY PLANNING Requested Grant Funds Year 3: $ 0 Narrative: Sustainability planning is integral to the planing process undertaken by the Juvenile Reentry Transition Committee. Members of the committee include representative of juvenile justice system partners as well as government agencies, law enforcement and community based organizations. The staffing contributions made will not be changed to the grant. 10. OTHER (e.g., travel expenses, training fees) Requested Grant Funds Year 3: $ 540 Narrative: Mileage, lodging and food for two staff members to travel to Sacramento for a two day meeting are included in this figure. Title II Grant Year 3 Reapplication, p. 18 1. Identify specific criteria being used to include (or exclude) youth from participating in the grant project. Include assessments being used for placement and the project’s average caseload size. The expertise of the designated Deputy Probation Officer and Probation Assistant Director, along with recommendations of the Juvenile Correctional Officers are utilized in combination with the Positive Achievement Change Tool (PACT) to assess the fit for each youth's risk level and criminogenic needs to best determine fit within the PREP program for leadership and re-entry. The target population are youth, both males and females, aged 14-18 at program entry, who are committed to the Juvenile Justice Campus (JJC) and will prioritize those who have a minimum of 90 days of juvenile delinquency court jurisdiction remaining at the time of release and 60 days left in custody, meaning services will start while youth are incarcerated and program will provide the aftercare reentry services on an ongoing basis. In addition, entry into the PREP program will require that the youth must be released from the JJC directly to a family or kinship care setting. Youth will apply to the program as well as participate in an interview process in order to be formally enrolled. Only on rare occasions will youth with varying risk levels and varying commitments and/or court jurisdiction be considered for program enrollment, if their PACT score and assessment designates a strong benefit by program participation. It is projected that PREP will serve 80-100 youth in Year 3. As enrollment for PREP has increased in Year 2, the statewide institution populations are still significantly low, underscoring the importance of effective reentry services. The increase in enrollment efforts in part is due to the success and referrals from other participants. The success speaks to the effective use in lower case loads. The average caseload for the assigned Deputy Probation Officer has been an average of 30 active participants. Vendor Focus Forward, has a total of 4 full time paid staff and 2-3 stipend interns of Social Workers, Family Support Specialist and Youth Support Specialist assigned to the project. On average, each Social Worker and Family Support Specialist have a caseload of 10-15 active participants and households that are being served. As participants transition into the community and achieve their goals on their case plan, they will not need as many services. Once probation has transferred or terminated, the youth will not be on the caseload of the designated DPO, but FF may continue a 'soft touch' contact, meaning the follow up will not be weekly or monthly home visits, but a quicker check in on progress. 2. Detail the rehabilitative interventions (recidivism reduction models) and local opportunities being used within the project for participants making the transition from detention back into the community. Include how supervision collaboration is working between probation and the community-based organization(s) supporting these youth. The communication and supervision between Fresno County Probation Department and vendor Focus Forward has been key in the development and implementation of the program throughout the extent of the contract with the BSCC. The partnership and effective communication have provided new opportunities for youth and their families. The youth and their families are served through a client centered approach and wrap around like services. The designated Deputy Probation Officer has been able to provide additional supervision for in custody services, and allow for a smooth transition at re-entry as the same probation officer follows the youth post release until SECTION IV: PROJECT PROGRESS AND PLANS Title II Grant Year 3 Reapplication, p. 19 completion of the program. PREP's program design is focused on wraparound philosophy for the family as whole, by engaging the youth and family in as many services as possible to mitigate barriers and address needs to reduce recidivism and stimulate successful life outcomes. As the reentry process is being approached by serving both the youth while detained, and the family to prepare for transition, the SW's and FSS's have individualized case plans for youth and care providers, separately as needs and strengths are identified in advance. Every case plan has a different approach as every case is unique, some may need minor support while others may need more one on one multiple sessions a week. For this reason the collaborative efforts with Focus Forward have been essential, to provide four core services that FF is providing: I) Academics; school related and post- secondary educational goals and services. 2) Workforce; certifications, job training, employment opportunities, 3) Behavioral and Medical Health; related to clinical diagnoses or illnesses, including but not limited to chemical dependency with substance abuse, 4) Life Skills; social skills like anger management or coping skills to budgeting, nutrition, transportation and housing assistance. Some key services provided to all enrolled participants and their families include: evidence based Nurturing Parenting of Adolescents curriculum, intended for the families to begin while in custody and continue post release. Simultaneously, FF host family night workshops that provide families with resources and tools that may help them, navigating the justice system, other educational workshops relevant to keeping the youth out of the justice system, and addressing day to day stressors within their household. The philosophy in serving the family as a whole simultaneously, lends itself in creating organic support systems that will carry on beyond the time that probation and FF will be in their lives, for sustainable support and ongoing recidivism reduction. The team wants to ensure that participants and their families are utilizing the program to identify and build strengths to be empowered to keep on moving forward. The goal is to establish long term success, other than just while in the program. Additionally, the PREP program is introducing youth to prosocial activities and experiences that they may not have normally been exposed to outside of the program. These activities have and will continue to include: sporting events at local colleges, touring colleges and trade schools, educational excursions such as going to a museum or the zoo, going to a play. May also include excursions that are out of the area which would allow for a travel experience, when many of the youth have never left Fresno or experienced going to the beach, Yosemite, etc. This will also include community service experiences and leadership development work that will be done both in custody and out of custody. 3. Describe how the project is creating a positive change for the participating youth and their families. List the measures are you using to determine this change as well as determining decrease in substance use/abuse, improvement in family relationships, and/or improvement in school/social behaviors (as applicable). The success of services and programming being rendered to the families and participants is being collected in a qualitative and quantitative method. The programs and services have been divided into four major components, as previously identified: I) Academics 2) Workforce Development 3) Behavioral and Medical Health 4) Life Skills. These 4 categories address risk factors, including, but not limited to: co- Title II Grant Year 3 Reapplication, p. 20 occurring disorders, anger management, homelessness, lack of educational and employment opportunities to determine key services and programs and help inform case plan focus areas. The frequent communication with families is providing them with the ongoing support to ensure that as needs develop, the support is there to help address the situation and regularly engage them in youth progress as well. The support the families are receiving through the Family Support Specialist (or parent partners as previously indicated in first application) has been able to create a foundation for the family so the youth can focus on his/her re-entry and programming. As highlighted by the National Reentry Resource Center in the Effectively Implementing Family Engagement and Involvement Practices for Youth in the Juvenile Justice System webinar, the family engagement in the progress of the participants is important as well as the family feeling included and part of the treatment team that can make a difference in the results post release. The team is utilizing a client-centered approach, meaning meeting each client and family where they are in life. The client centered approach practice with families and youth has created more engagement in the fulfillment of their individual case plan. Often times we have learned that our youth establish goals for the long term, but with the assistance of the team the youth are learning to develop short term goals for instant gratification to keep moving forward for the long term goals, as opposed to saying 'I'm just going to do well when I get released,' which allows for an actionable plan to avoid detention. The ability to address life changing obstacles has made a difference for participants and their families. Below is a case study of a family that is in the process of completing the program, as one example (please note, that each case varies and this is to provide a singular case study for reference of clear positive change and case plan work flow and demonstrates improvement in family relationships and school and social behavior): The PREP Team was recently working with a participant that was released after a 365 day commitment. Before his release it was notated that the youth began to have destructive behavior, and the team was unsure if it was a result of his upcoming release date, as this is a common pattern, or if there was something that the participant was not communicating. After discussing with mom some of the concerns that she observed with her son, mother disclosed that her son was “scared” to be released as he would be released to be in father’s care. (Mother had previously shared with FSS, that youth normally only lived with her during the summer but lived with father the rest of the school year.) FSS and SW conducted a one on one family session with the family to help address some of the concerns in where it was disclosed that youth was previously abused by father and youth was scared to go live with father. Youth felt more inclined to speak about how he was feeling as he felt it was okay to talk about it since his mother was talking about it. FSS worked with the mother to obtain needed resources to become more informed of her options as father did have custody of youth. (Mother had disclosed that she was previously in an abusive relationship with the father of her children and was scared of him. Mother had also added that she had not proceeded to look for legal assistance as she could not afford it.) The family was provided the support needed, and the youth was released to mom. SW was able to help youth enroll back to a mainstream school and talked to the football coach, as youth had shared that sport kept him out of trouble. Youth is on the JV football team, has played his first game and has developed his communication skills. It is believed Title II Grant Year 3 Reapplication, p. 21 that the stressors the youth was facing living with his father was triggering past traumatic events, which as a result caused him to engage in unhealthy coping activities with friends. Youth is engaged in a prosocial activity at his school, and if feeling confident in not needing to go back to his old lifestyle of engaging in gang activity. Family Session have been a key component to the direct impact on the families. As previously mentioned the Nurturing Parenting of Adolescents curriculum is utilized to facilitate family sessions for three hours, for both in custody and post release families as well. The families are encouraged to utilize the tools that are provided to them throughout the lessons for specific situations that may arise in their home. The impact is being collected through data and results will be reported in the evaluator’s report, but the quantitative data that has been gathered through testimonials and surveys speak volumes about parents sharing that they feel they are getting their son back or disclosing that they now know how to show affection for one another. The family sessions are intended to provide parents and adolescents a platform to establish family morals, values, expectations, rules and boundaries in a nurturing manner with effective communication and compromise. In addition, the PREP program has prioritized the goal of having youth obtain their documents, as most of our clients do not have Birth Certificates, Social Security Cards, etc. and this is a real barrier for their independence. Other measurable successes for youth directly include: the youth completing program applications while in custody for Workforce Investment Board funded Programs. ResCare (locally), completion of the Marjaree Mason Center Know More workshop on preventing teen dating violence, completion of the Fresno Barrios Unidos El Joven Noble program, participation in SHAREs an anti-bullying curriculum, participation in the Boys and Girls Club youth development workshops and activities, 10 youth have successfully obtained employment post release, and 2 began college as they had graduated pre release. In addition, the youth have participated in leadership development through advocacy workshops on an ongoing process. One in which, they just participated in a workshop to write letters to the BSCC and local politicians. Measurable success for families as a whole include: assisting families with move in costs and emergency housing resources, helping parents develope workforce opportunities, budget management, and most importantly support in navigating the system (ie. courts and probation questions, meetings, etc). In addition, one of the biggest success that the program has been able to achieve thus far has been ensuring that the recidivism rate is lower than the baseline, which has been achieved. 4. Explain the progress achieved in Year 2 for collecting data on project youth previously involved in the justice system and the collaboration with the other youth-serving systems in your county. In addition, describe how data collection and data sharing is progressing with the other collaborating agencies/stakeholders. The third party evaluator ASBA, as previously mentioned, has established a personalized system to gather the information needed to evaluate every aspect of PREP services with the 4 core program components. The system developed for PREP includes information gathered from Fresno County Probation Departments Juvenile Automation System and newly developed e-form assessment. In order to stay true to the client centered approach, the use of collecting data diligently and effectively was discussed to not harm the youth as well as ASBA conducting regular Quality Assurance Checks to make sure everything is recorded and evaluated accurately. Data collection incorporates Federal Performance Measures and Title II participant- specific data including, but not limited to: age, gender, race/ethnicity, criminal history, Title II Grant Year 3 Reapplication, p. 22 substance use history, family/living arrangement history, social and personal history, post-release recidivism, post-release employment, and post-release housing. Data is also being collected on interventions provided to each youth, to include: services history prior to booking, in custody and post custody services provided, and duration of services. This information will be utilized to learn more about the PREP services and their effectiveness, and evaluate if any adjustments need to be made for the following years. In addition, the positive youth outcomes are establishing baselines for outcomes for youth while in the JJC Commitment facility; accomplishment of treatment goals, particularly for youth with mental health and/or substance abuse disorders, educational progress and credit attainment, vocational or other types of skill training; development and attainment, and level of family engagement/involvement. The baselines for youth in the community upon re-entry will include: school re-enrollment and school attendance, employment, involvement in prosocial activities, level of substance use, and family involvement in the child welfare and other service systems. The Transition Committees are identifying measureable and achievable annual targets for improvement in each of these positive youth outcomes. The data is enabling Fresno County Probation Department to assess the effectiveness of current partner services and evaluate partnerships that may need to be developed. As we have established the core components of the multi-year strategic plan, the subcommittees input will continue to influence this plan in the upcoming years. In summary, the evaluation component has utilized research based approaches and information gathered through the information sharing happening between FF and Probation as well as partner agency services and partner agencies are included through the Juvenile Reentry Transition Subcommittees. Year 2, provided the evaluator the ability to capture 12 whole months of service delivery and present a more comprehensive annual report to the team with recommendations to take in consideration. The evaluator will be presenting the report in October 2017 to the Probation Administration Team, vendor Focus Forward and other parties that may be interested in the progress. 5. Discuss the project’s cultural awareness and competency strategies. Include types of materials available in languages other than English, cultural outreach activities, and/or challenges in adapting the project for limited English participants and their families. PREP consists of a diverse team, as members from the team have various ethnic and cultural backgrounds, including Caucasian, Hispanic, Asian and African American as well as LGBTQ representation and 2 Spanish Speaking staff. It is important to note that probation is aware and recognizes the importance of being culturally sensitive to our population. Our staffing reflects that commitment to being culturally sensitive. PREP is providing family's information in their first language. Focus Forward has translated applications, flyers, and forms in Spanish, as at the moment it is the main language that is in demand by the families that are being served. Groups and events will continue to be made available in multiple languages. It is anticipated that the translation of forms will be completed for other languages as the need and opportunity develops. With the client centered approach it is important that the program is understanding and respectful of cultural beliefs and practices. Particularly as we are conducting home Title II Grant Year 3 Reapplication, p. 23 visits--both Probation and FF. The team has been exposed to various webinars and informational material on cultural awareness and strategies. The support for the strategies will be ongoing as it is an important factor to have effective communication with our families. The youth are exposed to activities and events that provide them with life enrichment opportunities to become more culturally aware of their own culture and others. The work through El Joven Noble and Women Empowered groups expose the youth to an array of cultural activities. The youth are exposed to cultural awareness events through participation in community events and guest speakers. Some examples of exposure outside of youths normal activities include Guest Speakers from SPCA, Bitwise Technology, Marjaree Mason Center and National Air Guard Captain; and, attending Community Service Project to Feed the Homeless, Fresno Giants Baseball Game and in the future we will continue with college tours and community service projects, so as youth experience these prosocial activities PREP Staff will reflect upon the event with the youth to help them better understand the cultural awareness components of the activity. Title II Grant Year 3 Reapplication, p. 24 1. List sustainability goals and objectives proposed for Year 3. Goals and objectives include: 1. Continue to implement and develop the work being done through tours and of our mission to local leaders, professionals and interested community members of our program, services and campus as a whole. The tours provide an overview of the vendor Focus Forward and/or Probation mission, the PREP program is highlighted and visited during these tours. We will collect contact information from the visitors to continue to share program success with them. Alongside vendor, we will continue to conduct regular grant research to obtain additional funding that could be leveraged for PREP program. 2. Using the evaluation report, will provide materials that can be shared to donors and stakeholders, such as success statistics, photos, specifie anonymous case scenarios, etc. 3. An additional goal is to explore producing a 'tool-kit' or curriculum in Years 3 - 4, that could be implemented in other Juvenile Institutions and be a fee for service model for Vendor to receive income to maintain staffing for this program---this will depend on interest of other institutions. 2. Detail specific examples of activities proposed for Year 3 that will increase the likelihood of the project continuing after the conclusion of the Title II grant funding (i.e. identification and leveraging of alternative funding streams, networking events, collaboration, etc.). Taking tours to local organizations and inviting prominent leaders from the community to the Juvenile Justice Campus will showcase the success of the program, and develop larger interest and awareness about this work that may lead to long term partnerships and donors. The evaluator’s comprehensive results of the program impact will be reported through the Juvenile Justice Commission, Juvenile Reentry Transition Committee and subcommittees, and we will share the produced report with local and state funders and other stakeholders. This report will also show success over time, as we will continue to run reports in Year 4, which will be presented to the Chief Probation Officer. Having this successful data and showing measurable impact which may allow us to apply for future grants and funding. Probation has already built in a designated DPO, utilizing separate funding and plans to continue to do so. There has been ongoing discussions regarding utilizing other funding to expand re-entry across the Juvenile Justice Campus to leverage the BSCC's investment. If you would like to update your project description from your Year 2 reapplication, provide a full updated description in the space provided below. Please keep the description to no more than 200 words. Otherwise, if your Year 2 project description remains accurate, please write “Keep same description” in the space provided below. Keep Same Description SECTION V: SUSTAINABILITY SECTION VI: PROJECT DESCRIPTION APPENDIX A – SAMPLE STANDARD AGREEMENT STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER BSCC xxx-16 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME BOARD OF STATE AND COMMUNITY CORRECTIONS CONTRACTOR'S NAME 2. The term of this Agreement is: October 1, 2017 through September 30, 2018 3. The maximum amount $000,000.00 of this Agreement is: XXXX DOLLARS AND NO CENTS 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A: Scope of Work 3 pages Exhibit B: Budget Detail and Payment Provisions 2 pages Exhibit C: GTC 610, General Terms and Conditions 3 pages Exhibit D: Special Terms and Conditions 4 pages Exhibit E: 2016 Title II Federal Award Special Conditions 6 pages Attachment 1: 2015-16 Title II/Tribal Youth Request for Proposal (incorporated by reference) Attachment 2: Year 3 Application for Funding xx pages Appendix A: 2014 Title II Executive Steering Committee Roster 1 page IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.) BY (Authorized Signature)  DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS STATE OF CALIFORNIA AGENCY NAME BOARD OF STATE AND COMMUNITY CORRECTIONS BY (Authorized Signature)  DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: SCM 1, 4.06 MARY JOLLS, Deputy Director ADDRESS 2590 Venture Oaks Way, Suite 200 Sacramento CA 95833 xxx. BSCC xxx-16 EXHIBIT A SCOPE OF WORK ANT AGREEMENT – TITLE II FORMULA BLOCK GRANTS PROGRAM 1. GRANT AGREEMENT – TITLE II FORMULA BLOCK GRANTS PROGRAM This Grant Agreement is between the State of California Board of State and Community Corrections, hereafter referred to as BSCC, and xxxxx., hereafter referred to as Grantee or Contractor. 2. PROJECT SUMMARY AND ADMINISTRATION A. Program summary here… B. Grantee agrees to administer the project in accordance with Attachment 1: 2015-16 Title II/Tribal Youth Request for Proposal, which is incorporated by reference and Attachment 2: Year-3 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 m ake 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: Title: Address: Phone: Designated Financial Officer authorized to receive warrants: Name: Title: Address: Phone: Fax: Email: Project Director authorized to administer the project: Name: Title: Address: Phone: Fax: Email: C. Either party may change its project officials 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 xxx. BSCC xxx-16 EXHIBIT A SCOPE OF WORK Grantees will be required to comply with all of the data collection and reporting requirements as described in the Attachment 1: 2015-16 Title II/Tribal Youth Request for Proposal and Attachment 2: Year-3 Application for Funding. 5. PROGRESS REPORTS AND EVALUATIONS A. 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, 2017 February 15, 2018 2) January 1 through March 31, 2018 May 15, 2018 3) April 1 through June 30, 2018 August 15, 2018 4) July 1 through September 30, 2018 November 15, 2018 B. 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. 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 prohibits any non-governmental sub-grantee, partner or like party who participated on the Title II Executive Steering Committee (ESC) from receiving funds from the Title II grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Title II ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any non-governmental entity represented by the members of the Title II ESC. xxx. BSCC xxx-16 EXHIBIT A SCOPE OF WORK 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 must submit an audit of expenditures within 120 days following the end of the grant period. Grantees may choose either a program-specific audit or a single federal audit. Federal guidelines allow grantees 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. 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 the required timeframe of 120 days from the end of the grant period. NOTE: Should an extension be needed, please provide in advance of the deadline a written justification that indicates the reason(s) for the extension and the timeframe needed. 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 grantee will provide a Program-Specific Final Audit Report to the BSCC within the required timeframe of 120 days from the end of the grant period. 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 contract 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 Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data. xxx BSCC xxx-16 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. 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, 2017 February 15, 2018 2) January 1 through March 31, 2018 May 16, 2018 3) April 1 through June 30, 2018 August 15, 2018 4) July 1 through September 30, 2018 November 15, 2018 B. An invoice is due to the BSCC even if grant funds are not expended or requested during the reporting period. 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. 2. 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. In no event shall changes be authorized for the Indirect Costs/Administrative Overhead line item that would result in that item exceeding ten percent (10%) of the grant award. 3. 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 not 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 United States Congress and California Legislature. 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. 4. 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., xxx BSCC xxx-16 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS recoupment of monies provided under this grant, suspension of future program funding through BSCC grants, and civil/criminal penalties). 5. 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. 6. 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. 7. PROJECT BUDGET LINE ITEM 1. Salaries and Benefits $0 2. Services and Supplies $0 3. Professional Services $0 4. Community-Based Organization Contracts $0 5. Indirect Costs / Administrative Overhead (may not exceed 10% of grant award) $0 6. Fixed Assets / Equipment $0 7. Data Collection / Enhancement $0 8. Program Evaluation $0 9. Sustainability Planning $0 10. Other (include travel costs) $0 TOTAL $0 xxx BSCC xxx-16 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 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 Agreement 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 representative 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 other 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 injured 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. 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 comply 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 Government Code (Gov. Code §§11135-11139.5), and the xxx BSCC xxx-16 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 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 (http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 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. 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: xxx BSCC xxx-16 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 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 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 awarding 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 payments 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).] xxx BSCC xxx-16 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 administration 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: 2015-16 Title II/Tribal Youth Request for Proposal and Attachment 2: Year-3 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 federal statutes, regulations, policies, guidelines and requirements, including the FY 2016 Title II Federal Award Special Conditions, which are included in this Grant Agreement as Exhibit E. C. Fulfillment of Assurances and Declarations Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: 2015-16 Title II/Tribal Youth Request for Proposal and Attachment 2: Year-3 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. 3. POTENTIAL SUBCONTRACTORS A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract with consultants 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 shall 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. xxx BSCC xxx-16 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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, or by federal 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, Federal Audit staff, 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. 4. PROJECT ACCESS Grantee shall ensure that the BSCC, or any authorized representative, will have suitable 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 subcontractor 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 and 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. xxx BSCC xxx-16 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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. 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. 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. Changes shall not be implemented by the project until authorized by the BSCC. 7. 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: 2015-16 Title II/Tribal Youth Request for Proposal and Attachment 2: Year-3 Application for Funding or approved modifications; 3) failure to provide the required local match share of the total project costs; and 4) 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 9. Settlement of Disputes. 8. 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 Planning 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 by 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 within 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, xxx BSCC xxx-16 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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 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 court 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 modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction. 9. 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. xxx BSCC xxx-16 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL 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 to 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 Grantee is to contact BSCC 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", available at: http://ojp.gov/financialguide/DOJ/pdfs/2015_DOJ_FinancialGuide.pdf), including any updated version that may be posted during the period of performance. 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 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 Grantee must promptly notify the BSCC in writing of the potential duplication. 4. Requirements related to System for Award Management and Unique Entity Identifiers The Grantee acknowledges and agrees to comply with any request related to the BSCC’s requirement to 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 also 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 the BSCC's 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. 5. 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 requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). xxx BSCC xxx-16 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS 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. 6. 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. 7. 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. 8. 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 "2015 DOJ Grants Financial Guide"). 9. 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. 10. 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: http://ojp.gov/funding/ojptrainingguidingprinciples.htm. 11. Effect of failure to address audit issues xxx BSCC xxx-16 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS 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. 12. 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 purposes of the DOJ high-risk grantee list. 13. 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. 14. 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 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. 15. 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 recipient (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. 16. 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 Grantee (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the Grantee is to contact the BSCC for guidance, and may not proceed without approval. 17. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct xxx BSCC xxx-16 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS 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). Additional information is available from the DOJ OIG website at: http://www.usdoj.gov/oig. 18. 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 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 under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal xxx BSCC xxx-16 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 19. 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. 20. 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. 21. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web- based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 22. 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. 23. The Grantee acknowledges that the Office of Justice Programs (OJP) reserves a royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The Grantee acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General). It is the responsibility of the Grantee (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. The Grantee has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a xxx BSCC xxx-16 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 24. 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 Adm inistration (MOA) for ensuring subrecipients' compliance to the OJP's Office for Civil Rights at: CivilRightsMOA@usdoj.gov. The required elements of the 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." 25. 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 at http://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 26. 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 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 http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. xxx BSCC xxx-16 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS Title II/ Executive Steering Committee 2014 SACJJDP • Sandra McBrayer, The Children’s Initiative, San Diego • Carol Biondi, Los Angeles County Commission for Children & Families • Dawood Khan, Union City, Student at San Jose City College • Nancy O’Malley, Alameda County District Attorney • Jose Carlos Rivera, Substance Abuse Counselor, Sacramento • Winston Peters, Los Angeles County Public Defender • Tiffany Wynn, Sacramento County District Attorney, Juvenile Law Division • Gordon Jackson, California Department of Education • Susan Manheimer, Chief of Police, City of San Mateo • Rena Hurtado, California Department of Corrections & Rehabilitation • Susan Harbert, Loyola Law School, Center for Juvenile Law & Policy, Los Angeles • Honorable Brian Back, Chair, Judge, Ventura County Superior Court • Amos Cleophilus Brown, Pastor, Third Baptist Church, San Francisco • Mimi Silbert, Delancey Street Foundation, San Francisco STATE Of: CALIFORNIA Agreement No. 17-548 ST ANDARq AGREEMENT sTD 213 <Rev-osio3J · . . ~ . -. . . . AGREEMENT NUMBER BSCC 414-17 REGISTRATION NUMBER 1. This Agreel)'lent is entered into between the,State Agency and the Contractor named below: STATE AGENCY'S NAME BOARD OF STATE AND COMMUNITY CORRECTIONS . CONTRACTOR'S NAME FRESNO COUNTY PROBATION DEPARTMENT The term of this Agreement is: 3. The maximum amount of this Agreement is: October 1, 2017 through September 30, 2018 $300,000.00 THREE HUNDRED THOUSAND DOLLARS AND NO CENTS 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part .of the Agreement. Exhibit A: Scope of Work 3 pages Exhibit B: Budget Detail and Payment Provisions 2 pages Exhibit .C: GTC 610, General Terms and Conditions 3 pages Exhibit D: Special Terms and Conditions 4 pages Exhibit E: 2016 Title II Federal Award Special Conditions 6 pages Attachment 1: 2015-16 Title 11/Tribal Youth Request for Proposal (incorporated by reference) Attachment 2: Year 3 Application for Funding Appendix A: 2014 Title II Executive Steering Committee Roster IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) FRESNO COUNTY PROBATION DEPARTMENT BY (Authr 1-natureJ DATE SIGNED(Do not type) 25 . U-()tl-t1 '-0 l( PRINTED NAME AND TITLE OF PERSON SIGNING BRIAN PACHECO, Chairman, Board of Supervisors ADDRESS 3333 E. American Avenue, Suite B Fresno CA 93725 STATE OF CALIFORNIA AGENCY NAME BOARD OF STATE AND COMMUNITY CORRECTIONS BY (Authorized Signature) DATE SIGNED(Do n0t type) 25 PRINTED NAME AND TITLE OF PERSON SIGNING MARY JOLLS, Deputy Director ADDRESS 2590 Venture Oaks Way, Suite 200 Sacramento CA 95833 -.- ATTEST: BERNICE E. SEIDEL Clerk to the Board of Supervisors Cou~o, State of California ,By . ~~~) 16 pages 1 page California Department of General Services Use Only [gl Exempt per: SCM 1, 4.06 Fresno County Probation Department BSCC 414-17 Page 1 of 3 EXHIBIT A SCOPE OF WORK 1.GRANT AGREEMENT – TITLE II FORMULA BLOCK GRANTS PROGRAM This Grant Agreement is between the State of California Board of State and Community Corrections,hereafter referred to as BSCC, and Fresno County Probation Department, hereafter referred to asGrantee or Contractor. 2.PROJECT SUMMARY AND ADMINISTRATION A.Fresno County Probation Department will use Title II funds to enhance its current reentry transition services by implementing the Planned ReEntry Program (PREP) project. PREP adds two components to the department’s recidivism reduction efforts: a Social Work element to support the development of individual, achievable reentry case plans, and counseling to address coping skills and family issues; and a Parent Partner piece to provide both in-custody and post-custody support for families of targeted youth. The addition of the PREP project will provide for systematic and coordinated reentry support services for youth released from the Fresno County’s Juvenile Justice Campus. B.Grantee agrees to administer the project in accordance with Attachment 1: 2015-16 Title II/Tribal Youth Request for Proposal, which is incorporated by reference and Attachment 2: Year-3 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: Brian Pacheco Title: Chairman, Board of Supervisors Address: 3333 E. American Avenue, Suite B Fresno CA 93725 Phone: (559) 600-1000 Designated Financial Officer authorized to receive warrants: Name: Greg Reinke Title: Administrative Division Director Address: 3333 E. American Avenue, Suite B Fresno CA 93725 Phone: (559) 600-1247 Fax: (559) 455-4785 Email: greinke@co.fresno.ca.us Project Director authorized to administer the project: Name: Vicki Passmore Title: Director Address: 3333 E. American Avenue, Suite B Fresno CA 93725 Phone: (559) 600-4890 Fax: (559) 455-2408 Email: vpassmore@co.fresno.ca.us C.Either party may change its project officials 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. Fresno County Probation Department BSCC 414-17 Page 2 of 3 EXHIBIT A SCOPE OF WORK 4. DATA COLLECTION Grantees will be required to comply with all of the data collection and reporting requirements as described in the Attachment 1: 2015-16 Title II/Tribal Youth Request for Proposal and Attachment 2: Year-3 Application for Funding. 5. PROGRESS REPORTS AND EVALUATIONS A. 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, 2017 February 15, 2018 2) January 1 through March 31, 2018 May 15, 2018 3) April 1 through June 30, 2018 August 15, 2018 4) July 1 through September 30, 2018 November 15, 2018 B. 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. 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 prohibits any non-governmental sub-grantee, partner or like party who participated on the Title II Executive Steering Committee (ESC) from receiving funds from the Title II grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Title II ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any non-governmental entity represented by the members of the Title II ESC. Fresno County Probation Department BSCC 414-17 Page 3 of 3 EXHIBIT A SCOPE OF WORK 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 must submit an audit of expenditures within 120 days following the end of the grant period. Grantees may choose either a program -specific audit or a single federal audit. Federal guidelines allo w grantees 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. 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 Ci ty/County Single Federal Audit Report, which will be submitted to the BSCC within the required timeframe of 120 days from the end of the grant period. NOTE: Should an extension be needed, please provide in advance of the deadline a written justification that indicates the reason(s) for the extension and the timeframe needed. 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 grantee will provide a Program-Specific Final Audit Report to the BSCC within the required timeframe of 120 days from the end of the grant period. 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 contract 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 i n compliance with the Federal Funding Accountability and Transparency Act (FFATA), a reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data. Fresno County Probation Department BSCC 414-17 Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. 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, 2017 February 15, 2018 2) January 1 through March 31, 2018 May 16, 2018 3) April 1 through June 30, 2018 August 15, 2018 4) July 1 through September 30, 2018 November 15, 2018 B. An invoice is due to the BSCC even if grant funds are not expended or requested during the reporting period. 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. 2. 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. In no event shall changes be authorized for the Indirect Costs/Administrative Overhead line item that would result in that item exceeding ten percent (10%) of the grant award. 3. 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 not 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 United States Congress and California Legislature. 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. 4. PROJECT COSTS A. Grantee is responsible for ensuring that actual expenditures are for eligible project cost s. “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., Fresno County Probation Department BSCC 414-17 Page 2 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS recoupment of monies provided under this grant, suspension of future pro gram funding through BSCC grants, and civil/criminal penalties). 5. 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. 6. 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. 7. PROJECT BUDGET LINE ITEM 1. Salaries and Benefits $0 2. Services and Supplies $15,000 3. Professional Services $0 4. Community-Based Organization Contracts $260,760 5. Indirect Costs / Administrative Overhead (may not exceed 10% of grant award) $8,700 6. Fixed Assets / Equipment $0 7. Data Collection / Enhancement $0 8. Program Evaluation $15,000 9. Sustainability Planning $0 10. Other (include travel costs) $540 TOTAL $300,000 Fresno County Probation Department BSCC 414-17 Page 1 of 3 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and appr oved 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 Agreement 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 representative 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 other 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 injured 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 office rs or employees or agents of the State. 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 ar e free of such discrimination. Contractor and subcontractors shall comply 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 Fresno County Probation Department BSCC 414-17 Page 2 of 3 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government 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 representative s 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 th ey 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 (http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 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. 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 A ct (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) th e assignee has not been Fresno County Probation Department BSCC 414-17 Page 3 of 3 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 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 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 withi n 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 awarding 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) th at all payments 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).] Fresno County Probation Department BSCC 414-17 Page 1 of 4 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. Rev iew and approval by the BSCC is solely for the purpose of proper administration 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: 2015-16 Title II/Tribal Youth Request for Proposal and Attachment 2: Year-3 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 federal statutes, regulations, policies, guidelines and requirements, including the FY 2016 Title II Federal Award Special Conditions, which are included in this Grant Agreement as Exhibit E. C. Fulfillment of Assurances and Declarations Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: 2015-16 Title II/Tribal Youth Request for Proposal and Attachment 2: Year- 3 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. 3. POTENTIAL SUBCONTRACTORS A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract with consultants 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 shall 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. Fresno County Probation Department BSCC 414-17 Page 2 of 4 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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, document s, 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, or by federal 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, Federal Audit staff, 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. 4. PROJECT ACCESS Grantee shall ensure that the BSCC, or any authorized representative, will have suitable 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 t he grantee and the subcontractor 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 and 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. Fresno County Probation Department BSCC 414-17 Page 3 of 4 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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 t he 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. 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 audito r 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. 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. Changes shall not be implemented by the project until authorized by the BSCC. 7. 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: 2015- 16 Title II/Tribal Youth Request for Proposal and Attachment 2: Year-3 Application for Funding or approved modifications; 3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitm ents, 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 Grant ee 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 9. Settlement of Disputes. 8. 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 Planning and Grant 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 by factual information. The BSCC Corrections Planning and Grant 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 within 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 Fresno County Probation Department BSCC 414-17 Page 4 of 4 EXHIBIT D SPECIAL TERMS AND CONDITIONS Grant 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 Grant 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, inc luding the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the BSCC’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement. C. Any final decision of the BSCC 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 BSCC’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court 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 modified by mutual consent, a s applicable, excepting the time to commence an action in a court of competent jurisdiction. 9. 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. Fresno County Probation Department BSCC 414-17 Page 1 of 6 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL 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 to 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 Grantee is to contact BSCC 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", available at: http://ojp.gov/financialguide/DOJ/pdfs/2015_DOJ_FinancialGuide.pdf ), including any updated version that may be posted during the period of performance. 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 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 Grantee must promptly notify the BSCC in writing of the potential duplication. 4. Requirements related to System for Award Management and Unique Entity Identifiers The Grantee acknowledges and agrees to comply with any request related to the B SCC’s requirement to 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 also 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 the BSCC's 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. 5. 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 requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). Fresno County Probation Department BSCC 414-17 Page 2 of 6 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS 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. 6. 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. 7. 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 con duct 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. 8. 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 ap plicable 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"). 9. 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 gu idance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. 10. 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: http://ojp.gov/funding/ojptrainingguidingprinciples.htm . Fresno County Probation Department BSCC 414-17 Page 3 of 6 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS 11. 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 fun ds, 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. 12. 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 purposes of the DOJ high-risk grantee list. 13. 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. 14. 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 refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to Grantee and su brecipient ("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/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 15. 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, modif ication 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 recipient (or subrecipient) would or might fall within the scope of this prohibition, the reci pient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 16. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2016) The Grantee, and any subrecipient ("subgrantee") at a ny 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 Grantee (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the Grantee is to contact the BSCC for guidance, and may not proceed without approval. Fresno County Probation Department BSCC 414-17 Page 4 of 6 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS 17. 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 sh ould 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. 18. 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 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 rep orting 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 prohib it 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 recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been re quiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), Fresno County Probation Department BSCC 414-17 Page 5 of 6 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS 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. 19. 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 agai nst 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. 20. 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 messagi ng 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. 21. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web- based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 22. 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. 23. The Grantee acknowledges that the Office of Justice Programs (OJP) reserves a royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others t o use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The Grantee acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General). Fresno County Probation Department BSCC 414-17 Page 6 of 6 EXHIBIT E 2016 TITLE II FEDERAL AWARD SPECIAL CONDITIONS It is the responsibility of the Grantee (and of each subrecipient, if applicable) to ensure that this conditi on is included in any subaward under this award. The Grantee has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this awa rd. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 24. 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 la ws. 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 the 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." 25. 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 at http://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 26. 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 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 info rmation 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 http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. Fresno County Probation Department BSCC 414-17 Page 1 of 1 APPENDIX A TITLE II/R.E.D. EXECUTIVE STEERING COMMITTEE ROSTER Title II/ Executive Steering Committee 2014 SACJJDP  Sandra McBrayer, The Children’s Initiative, San Diego  Carol Biondi, Los Angeles County Commission for Children & Families  Dawood Khan, Union City, Student at San Jose City College  Nancy O’Malley, Alameda County District Attorney  Jose Carlos Rivera, Substance Abuse Counselor, Sacramento  Winston Peters, Los Angeles County Public Defender  Tiffany Wynn, Sacramento County District Attorney, Juvenile Law Division  Gordon Jackson, California Department of Education  Susan Manheimer, Chief of Police, City of San Mateo  Rena Hurtado, California Department of Corrections & Rehabilitation  Susan Harbert, Loyola Law School, Center for Juvenile Law & Policy, Los Angeles  Honorable Brian Back, Chair, Judge, Ventura County Superior Court  Amos Cleophilus Brown, Pastor, Third Baptist Church, San Francisco  Mimi Silbert, Delancey Street Foundation, San Francisco