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HomeMy WebLinkAboutAgreement A-18-632 with BSCC.pdfAgreement No . 18-632 STAT E OF C ALIFOR N IA STANDARD AGREEMENT STD 213 (Rev 06/03) AG REE ME NT NUMBER BSCC 414-18 REG IST RA TI ON NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAM E BOARD OF STATE AND COMMUNITY CORRECTIONS CONTR ACTO R'S NAME FRESNO COUNTY PROBATION DEPARTMENT 2. The te rm of this Agreement is : 3 . The maximum amount of this Agreement is : October 1, 2018 through September 30 , 2019 $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 4 pages Exhibit B: Budget Detail and Payment Provisions 3 pages Exhibit C : General Terms and Conditions (04/2017) 4 pages Exhibit D : Special Terms and Conditions 5 pages Exhibit E : Title II Federal Award Special Conditions 9 pages Attachment 1: Title II Juvenile Delinquency Prevention and Intervention Grant Program Fisca l Year 2015/2016 Request for Proposals (incorporated by reference) Attachment 2 : Year 4 Reapplication for Funding Appendix A: 2014 Title II Executive Steering Committee Roster IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTO R'S NA ME (if other than an individual, sta te whether a corporation , partnership, etc.) FRESNO COUNTY PROBATION DEPARTMENT DATE SIG NED (Do not typ e) l.bJ -lo g , CHAIRPERSON OF THE BOARD OF SUPERVISORS ADDRESS 3333 E. American Avenue , Suite B, Fresno, CA 93725 STATE OF CALIFORNIA AGENCY NA ME BOARD OF STATE AND COMMUNITY CORRECTIONS A DDRESS 2590 Venture Oaks Way, Suite 200 Sacramento CA 95833 DATE SIGNED (Do not type} /r/2-r/;Y ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno , State of Cal ifornia By ~ ~ Deputy 20 pages 1 page California Department of General Services Use Only ~ Exempt per: SCM 1 , 4 .06 Fresno County Probation Department BSCC 414-18 Page 1 of 4 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 as Grantee 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 Attachm ent 1: Title II Juvenile Delinquency Prevention and Intervention Grant Program Fiscal Year 2015/2016 Request for Proposals, which is incorporated by reference and Attachment 2: Year-4 Reapplication 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: Sal Quintero Title: Chairperson of the Board of Supervisors Address: 3333 E. American Avenue, Suite B, Fresno, CA 93725 Phone: (559) 600-1250 Designated Financial Officer authorized to receive warrants: Name: Greg Reinke Title: Probation Administrative Division Director Address: 3333 E. American Avenue, Suite B, Fresno, CA 93725 Phone: (559) 600-1247 Fax: (559) 455-4785 Fresno County Probation Department BSCC 414-18 Page 2 of 4 EXHIBIT A SCOPE OF WORK Email: GReinke@fresnocountyca.gov Project Director authorized to administer the project: Name: Vicki Passmore Title: Director Address: 3333 E. American Avenue, Suite B, Fresno, CA 93725 Phone: (559) 600-1247 Fax: (559) 455-2408 Email: VPassmore@fresnocountyca.gov 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 Grantees will be required to comply with all of the data collection and reporting requirements as described in the Attachment 1: Title II Juvenile Delinquency Prevention and Intervention Grant Program Fiscal Year 2015/2016 Request for Proposals and Attachment 2: Year-4 Reapplication 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, 2018 February 15, 2019 2) January 1 through March 31, 2019 May 15, 2019 3) April 1 through June 30, 2019 August 15, 2019 4) July 1 through September 30, 2019 November 15, 2019 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 Fresno County Probation Department BSCC 414-18 Page 3 of 4 EXHIBIT A SCOPE OF WORK 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 th e 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 good s 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 2014 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 2014 Title II ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any individual or entity represented by any member of the 2014 Title II ESC. 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 d ays 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 Fresno County Probation Department BSCC 414-18 Page 4 of 4 EXHIBIT A SCOPE OF WORK 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 execu tive compensation data. Fresno County Probation Department BSCC 414-18 Page 1 of 3 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, 2018 February 15, 2019 2) January 1 through March 31, 2019 May 16, 2019 3) April 1 through June 30, 2019 August 15, 2019 4) July 1 through September 30, 2019 November 15, 2019 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 any year covered under this Grant Agreement does not appropriate funds for the purposes of this pro gram, 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 pe rform 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 here: Fresno County Probation Department BSCC 414-18 Page 2 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS http://www.bscc.ca.gov/downloads/BSCC%20Grant%20Admin%20Guide%20July% 202016.pdf The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail. B. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions, or commitments of this Grant Agreement. C. Grant funds must be used to supplement existing funds for program activities and may not replace (supplant) non-state/state grant funds that have been appropriated for the same purpose. Potential supplanting will be the subject of grant monitoring. Violations can result in a range of penalties (e.g., recoupment of monies provided under this grant, suspension of future program funding through BSCC grants, and civil/criminal penalties). 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 gr ant 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. Fresno County Probation Department BSCC 414-18 Page 3 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 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 414-18 Page 1 of 4 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 documen tation 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 Fresno County Probation Department BSCC 414-18 Page 2 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) the Public Contract Code Section 12200, in products, materials, goods, o r 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 certificat ion 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 informat ion, 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 regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. (http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx) 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. Fresno County Probation Department BSCC 414-18 Page 3 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 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 good s, 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 Cod e), 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. Governmen t 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 le gal 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 h as been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and 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 Fresno County Probation Department BSCC 414-18 Page 4 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 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).] Fresno County Probation Department BSCC 414-18 Page 1 of 5 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-4 Reapplication 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 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-4 Reapplication 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. Fresno County Probation Department BSCC 414-18 Page 2 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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 obl igation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any monies to any subcontractor. C. Grantee shall ensure that all subcontractors comply with all requirements of this Grant Agreement. D. Grantee assures that for any subcontract awarded by the Grantee, such as insurance and fidelity bonds, as is customary and appropriate, will be obtained. E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to: 1) Books and Records Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the project’s final audit of expenditures under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, 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 progra m records Fresno County Probation Department BSCC 414-18 Page 3 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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 ac counts 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 Standar ds 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 agre es 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. 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 p ay 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. Fresno County Probation Department BSCC 414-18 Page 4 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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 un less 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-4 Reapplication 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 Correction s 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 Fresno County Probation Department BSCC 414-18 Page 5 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS 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 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, 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. Fresno County Probation Department BSCC 414-18 Page 1 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 42 U.S.C. 3795a), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). 2. Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construc tion so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award 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 201 7 award from the Office of Justice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 2017 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded in 2014 or earlier yea rs), 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 da te of this 2017 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. Fresno County Probation Department BSCC 414-18 Page 2 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide The Grantee agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide, effective December 2017"), including any updated version that may be posted during the period of performance. The DOJ Grants Financial Guide is accessible at: https://ojp.gov/financialguide/DOJ/pdfs/DOJ_FinancialGuide.pdf 4. Requirement to report potentially duplicative funding If the Grantee currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the Grantee must promptly notify the BSCC in writing of the potential duplication. 5. 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. 6. 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"). 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. Fresno County Probation Department BSCC 414-18 Page 3 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS 7. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 8. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to termin ate 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 auth ority to terminate award)), and are incorporated by reference here. 9. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The Grantee, and any subrecipient ("subgrantee") at any t ier, 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 "Post award Requirements" in the "DOJ Grants Financial Guide, effective December 2017" accessible at: https://ojp.gov/financialguide/DOJ/pdfs/DOJ_FinancialGuide.pdf) Fresno County Probation Department BSCC 414-18 Page 4 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS 10. 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 m ust be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. 11. OJP Training Guiding Principles Any training or training materials that the Grantee -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at: http://ojp.gov/funding/ojptrainingguidingprinciples.htm. 12. Effect of failure to address audit issues The Grantee 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. 13. 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 perio d of performance for this award, if the recipient is designated as "high risk" for purposes of the DOJ high-risk grantee list. 14. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 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, Fresno County Probation Department BSCC 414-18 Page 5 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS 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 "Part nerships 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. 16. 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. 17. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2017) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2017, are incorporated by reference and are set out at https://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm . Should a question arise as to whether a particular use of federal funds by a Grantee (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the Grantee is to contact BSCC for guidance, and may not proceed without approval. 18. 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 conne ction 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). Fresno County Probation Department BSCC 414-18 Page 6 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS Additional information is available from the DOJ OIG website at: http://www.usdoj.gov/oig. 19. 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 procurem ent 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 reporti ng 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 Fresno County Probation Department BSCC 414-18 Page 7 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 20. 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. 21. 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. 22. 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 applicabl e] 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 th rough a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. Fresno County Probation Department BSCC 414-18 Page 8 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS 23. 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. 24. 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 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. 25. The Grantee acknowledges and agrees to comply with any request related to the BSCC’s requirement to monitor its subrecipients' compliance with applicable federal civil rights laws. The BSCC has submitted written Methods of Administration (MOA) for ensuring subrecipients' compliance to the OJP's Office for Civil Rights at: CivilRightsMOA@usdoj.gov. The required elements of 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." 26. 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 Fresno County Probation Department BSCC 414-18 Page 9 of 9 EXHIBIT E TITLE II FEDERAL AWARD SPECIAL CONDITIONS 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). 27. 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 reg arding 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. Und er 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. Fresno County Probation Department BSCC 414-18 Page 1 of 1 APPENDIX A TITLE II EXECUTIVE STEERING COMMITTEE 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 Fund: 0001 Subclass: 10000 ORG: 34321970 Account: 7265, 7295, 7415