HomeMy WebLinkAboutAgreement A-17-059 with Law Enforcement Specialized Units Program.pdfCERTIFICATION OF ASSURANCE OF COMPLIANCE With Statutory Requirements of the Violence Against Women Act (VA WA) Fund As Amended, Services*Training*Officers*Prosecutors (STOP) Formula Grant Program The applicant must complete a Certification of Assurance of Compliance-VA WA (Cal OES 2-104g), which includes details regarding Federal Grant Funds, Equal Employment Opportunity Program, Drug Free Workplace Compliance, California Environmental Quality Act, Lobbying, Debarment and Suspension requirements, Proof of Authority from City Council/Governing Board, Civil Rights Compliance, and the special conditions for Subaward with the above mentioned fund. The applicant is required to submit the necessary assurances and documentation before fmalization of the Grant Subaward. In signing the Grant Subaward Face Sheet, the applicant formally notifies Cal OES that the applicant will comply with all pertinent requirements. Resolutions are no longer required as submission documents. Cal OES has incorporated the resolution into the Certification of Assurance of Compliance, Section VII, entitled, "Proof of Authority from City Council/Governing Board." The Applicant is required to obtain written authorization ( original signature) from the City Council/Governing board that the official executing the agreement is, in fact, authorized to do so, and will maintain said written authorization on file and readily available upon demand. This requirement does not apply to state agencies. Certification of Assurance of Compliance -VAWA Cal OES 2-104g (Rev. 12/2016)
Agreement No. 17-059
CERTIFICATION OF ASSURANCE OF COMPLIANCE
With Statutory Requirements of the Violence Against Women Act (VA WA) Fund As Amended,
Services*Training*Officers*Prosecutors (STOP) Formula Grant Program
1, Brian Pacheco hereby certify that
(official authorized to sign Subaward; same pe rson as Section 14 on Subaward Face Sheet)
suBRECIPIENT: County of Fresno
IMPLEMENTING AGENCY: County of Fresno Sheriff-Coroner's Office
PRomcTTITLE: Law Enforcement Specialized Units (LE) Program
is responsible for reviewing the Subrecipient Handbook and adhering to all of the Subaward requirements (state and/or
federal) as directed by Cal OES including, but no t limited to, the following areas:
I. Federal Grant Funds
Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to
OMB Un iform Guidance 2 CFR Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the
audit costs. See Section 8000 of the Subrecipient Handbook for more detail.
0 T he above named Subrecipient receive s $7 50 ,000 or more in federal grant funds annually.
D T he above named Subrecipient does not receive $750,000 or more in federal grant fu nd s annually.
ll. Equal Employment Opportunity-(Subrecipient Handbook Section 2151)
It is the public policy of the State of California to promote equal employment opportunity (EEO) by
prohibiting discrimination or harassment in employment because of ancestry, age (over 40), color,
disability (physical and mental , including HIV and AIDS), genetic information, gender, gender identity,
gender expression, marital status, medical condition (genetic characteristics, cancer or a record or history
of cancer), military, veteran status, national origin, race , religion (includes religious dress and grooming
practices), sex (incl udes pregnancy, childbirth, breastfeeding and/or related medical conditio ns) sexual
orientation, or request for family medical leave. Cal OES-funded projects certify that they will comply with
all state and federal requirements regarding equal employ ment opportunity, nondiscrimination and civil
rights.
Please provide the following information :
Equal Employment Opportunity Officer: Brent Stalker
Title : Lieutenant
Address: 2200 Fresno Street; Fresno, CA 93721-1703
Phone: ( 559) 600-8190
Email: brent.stalker@fresnosheriff.org
Certificatio n of Assurance of C ompliance -VAWA C al O ES 2 -104g (Rev. 12/201 6)
ID. Drug-Free Workplace Act of 1990 -(Subrecipient Handbook, Section 2152) The State of California requires that every person or organization subawarded a grant or contract shall certify it will provide a drug-free workplace. IV. California Environmental Quality Act (CEQA)-(Subrecipient Handbook, Section 2153) The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.) requires a1l Cal OES funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance with CEQA requirements. V. Lobbying-(Subrecipient Handbook Section 2154) Cal OES grant funds, grant property, or grant funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. VI. Debarment and Suspension -(Subrecipient Handbook Section 2155) (This applies to federally funded grants only.) Cal OES funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency. VII. Proof of Authority from City Council/Governing Board The above named organization (Applicant) accepts responsibility for and will comply with the requirement to obtain a signed resolution from the City Council/Governing Board in support of this program. The Applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of Cal OES, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Subaward, including civil court actions for damages, shall be the responsibility of the grant Subrecipient and the authorizing agency. The State of California and Cal OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from Cal OES shall not be used to supplant expenditures controlled by the City Council/Governing Board. The Applicant is required to obtain a signed resolution from the City Council/Governing Board illustrating that the official executing this agreement is, in fact, authorized to do so. The Applicant is also required to maintain the signed resolution on-site, and a copy must be readily available upon request by Cal OES. vm. Civil Rights Compliance The subrecipient complies will all laws that prohibit excluding, denying or discriminating against any person based on actual or perceived race, color, national origin, disability, religion, age, sex, gender identity, and sexual orientation in both the delivery of services and employment practices and does not use federal financial assistance to engage in explicitly religious activities. Certification of Assurance of Compliance-VAWA Cal OES 2-I04g (Rev. 12/2016) 2
IX. Special Condition for Grant Subaward with Violence Against Women Act (VA WA) Funds 1. Applicability of Part 200 Uniform Requirements The Subrecipient agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"). · 2. Compliance with DOJ Grants Financial Guide The Subrecipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. 3. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (including reporting requirements and OJP authority to terminate award) The Subrecipient agrees to 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 Subrecipient or individuals defined (for purposes of this condition) as "employees" of the Subrecipient. The details of the Subrecipient's obligations regarding prohibited conduct related to trafficking in persons are posted on the OJP website at: http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htrn (Award condition: Prohibited conduct by Subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 4. Compliance with Applicable Rules Regarding Approval, Planning, and Reporting of Conferences, Meetings, Trainings, and Other Events The Subrecipient agrees to 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"). 5. Effect of Failure to Address Audit Issues The Subrecipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the Subrecipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements ( or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews ofDOJ awards. 6. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The Subrecipient agrees to promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, 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. Certification of Assurance of Compliance-VAWA Cal OES 2-104g (Rev. 12/2016) 3
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by: o Mail: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; o E-mail: oig.hotline@usdoj.gov; o DOJ OIG hotline (contact information in English and Spanish): (800) 869-4499; and/or o DOJ OIG hotline fax: (202) 616-9881. Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. 7. Compliance with General Appropriations-Law Restrictions on the Use of Federal Funds The Subrecipient agrees to 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. 8. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters The Subrecipient understands and agrees that no Subrecipient 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. a. In accepting this award, the Subrecipient: o Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and o Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict ( or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume ( or permit resumption of) such obligations only if expressly authorized to do so by that agency. b. If the Subrecipient does or is authorized under this award to make subawards, procurement contracts, or both: o It represents that (1) it has determined that no other entity that the Subrecipient's application proposes may or will receive award funds (whether through a subaward, procurement contract, or Certification of Assurance of Compliance~ VA WA Cal OES 2-104g (Rev. 12/2016) 4
subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and o It certifies that, if it learns or is notified that any Subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict ( or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume ( or permit resumption of) such obligations only if expressly authorized to do so by that agency. 9. Encouragement of Policies to Ban Text Messaging while Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Subrecipient understands that DOJ encourages Subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. Additional DOJ Awarding Agency Requirements The Subrecipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the Subrecipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list. 11. OVW Training Guiding Principles The Subrecipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Grantees and Subgrantees, available at https://www.justice.gov/ovw/grantees. 12. Supplanting The Subrecipient understands and agrees that funds must be used to supplement, not supplant, non-federal funds that would otherwise be available for the activities under this grant. 13. Statutory Requirements The Subrecipient agrees to comply with all relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, and OVW's implementing regulations at 28 CFRPart90. 14. Misuse of Award Funds The Subrecipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. Certification of Assurance of Compliance-VAWA Cal OES 2-I04g (Rev. 12/2016) 5
The Subrecipients understands and agrees that grant funds may be used only for the purposes in the Subrecipient's approved application. 15. Consultant Rates The Subrecipient understands approval of this award does not indicate approval of any consultant rate in excess of $650 per day or $81.25 per hour. A detailed justification must be approved by the grantor prior to obligation or expenditure of such funds. Although prior approval is not required for consultant rates below these specified amounts, Subrecipients are required to maintain documentation to support all daily or hourly rates. 16. Materials and Publications The Subrecipient understands and agrees that all materials and publications (written, visual, or sound) resulting from subgrant award activities shall contain the following statements: "This project was supported by Subgrant No. awarded by the state administering office for the STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office on Violence Against Women." 17. Victim Safety The Subrecipient understands and agrees that grant funds will not support activities that compromise victim safety and recovery, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; pre-trial diversion programs not approved by OVW or the placement of offenders in such programs; mediation, couples counseling, family counseling or any other manner of joint victim-offender counseling; mandatory counseling for victims, penalizing victims who refuse to testify, or promoting procedures that would require victims to seek legal sanctions against their abusers ( e.g., seek a protection order, file formal complaint); the placement of perpetrators in anger management programs; or any other activities outlined in the solicitation under which the approved application was submitted. 18. Copyright Approval The Subrecipient understands advance written approval must be obtained to copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. In addition, the Subrecipient (or contractor or subcontractor) must comply with all conditions specified by the program manager in connection with an that approval, before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. The Subrecipient understands and agrees the Office on Violence Against Women reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work, in whole or in part (including in the creation of derivative works), for Federal purposes, and to authorize others to do so. The Subrecipient understands and agrees it is their responsibility (and of each contractor or subcontractor as applicable) to ensure that this condition is included in any subaward, contract, or subcontract under this award. Certification of Assurance of Compliance-VAWA Cal OES 2-I04g (Rev. 12/2016) 6
I
All appropriate documentation must be maintained on file by the project and available for Cal OES or public
scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under
the grant or termination of the grant or both and the Subrecipient may be ineligible for subaward of any future
grants if the Cal OES determines that any of the following has occurred: (1) The Subrecipient has made false
certification, or (2) violates the certification by failing to carry out the requirements as noted above.
CERTIFICATION
I, the officia l named below, am the same individual authorized to sign the Subaward [Section 14 on Grant
Subaward Face Sheet], a nd hereby swear that I am duly authorized legall y to bind the contractor o r grant
Subrecipient to the above described certification. I am full y aware that this certificati o n, executed on the date
and in the cou nty below, is made under penalty o f perj ury under the laws of the State of Califo rnia.
Authorized Official 's Signature: rL~l-
Authorized Official 's Typed Name : Brian Pacheco
Authorized Official 's Title: Chairman, Board of Supervisors
Date Executed: (Y\ ()._t{-~ fj I dJ) l /
Federal Employer ID #: 94-6000512 Federal DUNS # 613665769
C urrent System for Award Management (SAM) Expiration Date: 12/5/2017
Executed in the City/County of: Fresno
AUTHORIZED BY: (not applicable to State agencies)
D C ity Financial Officer 0 County Financ ial Officer
D C ity Manager D County Manager
D Governing Board C hair
0
Signature: (!)f:;tAA ~ ~-~
T y ped Name: Oscar J. Garci , C A
Title : Auditor-Controller/Treasurer-Tax-Collector
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By ~S£Mt\ ~~9?
Deputy
I
Ce rtification of Assurance of Complian ce -VA W A Cal OES 2-1 04g (Rev. 12/20 16) 7
1 Law Enforcement Specialized Units Program Grant Certification FY 2016-17
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3 REVIEWED & RECOMMENDED
FOR APPROVAL
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(o//.~A&--
MARGARET MIMS, Sheriff-Coroner
APPROVED AS TO LEGAL FORM:
Daniel C. Cederberg , County Counsel
16 By ~~:L..I...J.~.LHlfr-..rL-:.,...!f..l.~tz.?.~
Dep
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APPROVED AS TO ACCOUNTING FORM:
Osca r J. Garcia, CPA
Auditor-Controller /Treasurer-Ta x Collector
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Fund
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ORG
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0001
10000
31116303
4375
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By :
Brian Pacheco, Chairman,
Board of Supervisors
ATIEST:
BERNICE E . SEIDEL, Clerk
Board of Supervisors
By 'u ).54Jy\ 6J sb 0'{)
Deputy