HomeMy WebLinkAboutAgreement A-25-611 Award Agreement with Board of State and Community Corrections.pdf Agreement No. 25-611
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:5227-BSCC153525
STANDARD AGREEMENT F AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev 03/2019) 1 BSCC 1535-25
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
COUNTY OF FRESNO
2.The term of this Agreement is:
START DATE
OCTOBER 1. 2025
THROUGH END DATE
SEPTEMBER 30, 2026
3.The maximum amount of this Agreement is:
$797,235
4.The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are
by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Bud get Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Exhibit E 2022 and 2023 JAG Federal Award Conditions 40
Attachment 1 JAG Equipment and Training Program Request for Applications*
Attachment 2 JAG Equipment and Training Program Application for Funding 10
Appendix A JAG Executive Steering Committee 1
*Items shown with an asterisk('),are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be
viewed at:www.bscc.ca.gov
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
COUNTY OF FRESNO
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
2200 Fresno Street Fresno CA 93721
PRINTED NAME OF PERSON SIGNING TITLE Chairman of the Board of Supervisors of the County
Ernest Buddy Mendes of Fresno
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
�s IZ 7-S7—
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
Colleen Curtin Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM,VOLUME 1,CH.4.06
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By N ,, I/�: Deputy
County of Fresno
BSCC 1535-25
Page 1 of 3
EXHIBIT A: SCOPE OF WORK
1. GRANT AGREEMENT
This Grant Agreement is between the State of California, Board of State and Community
Corrections (hereafter referred to as BSCC) and County of Fresno (hereafter referred to as the
Grantee or Contractor).
2. PROJECT SUMMARY AND ADMINISTRATION
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of
local government, including tribes, to support a broad range of activities to prevent and control
crime based on their own state and local needs and conditions. JAG Equipment and Training
Program funds may be used ONLY for the purchase of equipment/fixed assets and/or supplies to
support activities that fall under any one or more of the following program purpose areas: 1) law
enforcement programs; 2) prosecution and court programs; 3) prevention and education programs;
5) drug treatment and enforcement programs; and 8) mental health programs and related law
enforcement and corrections programs.
Grantee agrees to administer the project in accordance with Attachment 1: JAG Equipment and
Training Program Request for Applications (by reference) and Attachment 2: JAG Equipment and
Training Program Application for Funding, which is attached and hereto and 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 regarding 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: John Zanoni
Title: Sheriff
Address: 2200 Fresno Street, Fresno, CA 93721
Phone: (559) 600-8502
Designated Financial Officer authorized to receive warrants:
Name: June Mayeda
Title: Principle Accountant
Address: 2200 Fresno Street, Fresno, CA 93721
Phone: (559) 600-8575
Email: June.mayeda@fresnosheriff.org
Project Director authorized to administer the project:
Name: Brandon Pursell
Title: Captain
Address: 2200 Fresno Street, Fresno, CA 93721
Phone: (559) 600-8503
Email: brandon.pursell@fresnosheriff.org
C. Either party may change its project representatives upon written notice to the other party.
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EXHIBIT A: SCOPE OF WORK
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 data collection and reporting requirements as described
in Attachment 1: JAG Equipment and Training Program Request for Applications (by reference)
and Attachment 2: JAG Equipment and Training Program Application for Funding
5. REPORTING REQUIREMENTS
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:
Quarterly Progress Report Periods Due no later than:
1. October 1, 2025 to December 31, 2025 January 15, 2026
2. January 1, 2026 to March 31, 2026 April 15, 2026
3. April 1, 2026 to June 30, 2026 July 15, 2026
4. July 1, 2026 to September 30, 2026 October 15, 2026
B. The grantee 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 and any matching funds by the Grantee and the total cost of the project.
Source documentation includes copies of all awards, applications, approved modifications,
financial records and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals
reimbursed under the grant, whether they are employed full-time or part-time. Time and effort
reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the
basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are
stored away from the Grantee's principal office, a written index of the location of records stored
must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years
after closeout of the grant project and shall be subject at all reasonable times to inspection,
examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or
designees. If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the expiration of the three-year period, the records must be retained until
the completion of the action and resolution of all issues which arise from it or until the end of
the regular three-year period, whichever is later.
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EXHIBIT A: SCOPE OF WORK
7. AUDIT
Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction
thereof, for the entire three-year grant cycle. Grantees may choose either a program-specific audit
or a single federal audit. Federal guidelines allow 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 grantee is required to check one of
the boxes below to indicate how they will meet the audit requirement.
❑ In conformance with Federal Office of Management and Budget(OMB)CFR Part 200—Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and
the California State Controller's Accounting Standards and Procedures, Chapter 23, Grant
Accounting Index, the identified grant will be included in the City/County Single Federal Audit
Report, which will be submitted to the BSCC within 30 days of the Grantee's receipt of the
report or within nine months following the end of the audit period, whichever is earlier.
OR
❑ In conformance with Federal Office of Management and Budget(OMB)CFR Part 200—Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and
the California State Controller's Accounting Standards and Procedures Chapter 23, Grant
Accounting Index, the grantee will provide a Program-Specific Final Audit Report to the BSCC
within 30 days of the Grantee's receipt of the report or within nine months following the end of
the audit period, whichever is earlier.
OR
❑ In conformance with Federal Office of Management and Budget(OMB)CFR Part 200—Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the
non-governmental entity grantee does not expend $750,000 or more in total federal awards
during the fiscal year and is therefore, exempt from Federal audit requirements for this grant
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.
8. UNIQUE ENTITY IDENTIFIER (UEI)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active
registration of their Unique Entity Identifier (UEI) number, used for this Grant Agreement,
throughout the term of the contract. An active UEI number is also required to remain in compliance
with the Federal Funding Accountability and Transparency Act (FFATA), a reporting tool Federal
prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report
subaward and executive compensation.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the
BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. October 1, 2025 to December 31, 2025 February 15, 2026
2. January 1, 2026 to March 31, 2026 May 15, 2026
3. April 1, 2026 to June 30, 2026 August 15, 2026
4. July 1, 2026 to September 30, 2026 November 15, 2026
B. All project expenditures must be incurred by the end of the grant project period, September 30,
2026, and included on the invoice due November 15, 2026. Project expenditures incurred after
September 30, 2026 will not be reimbursed.
C. The Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds
are not expended or requested during the invoicing period.
D. 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, the Federal Government, and the State
of California 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.
3. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent year
covered under this Grant Agreement does not appropriate funds for the purposes of this
program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC
shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to perform any
provisions of this Grant Agreement.
B. This Grant Agreement is valid and enforceable only if sufficient funds are made available by
the United States Department of Justice, Office of Justice Programs. Grantee agrees that the
BSCC's obligation to pay any sum to the Grantee under any provision of this agreement is
contingent upon the availability of sufficient funds.
C. If JAG funding is reduced or falls below estimates contained within the JAG Request for
Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability
occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a
reduced amount.
D. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an
amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall
have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations
under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant
Agreement except that Grantee shall be required to maintain all project records required by
Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this
agreement.
4. PROJECT COSTS
Grantee is responsible for ensuring that actual expenditures are for eligible project costs. "Eligible
and "ineligible" project costs are set forth in the July 2023 BSCC Grant Administration Guide, which
can be found under Grantee Resources, here:
https://www.bscc.ca.gov/s correctionsplanningand programs
/
A. 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 is responsible for ensuring that invoices submitted to the BSCC claim actual
expenditures for eligible project costs.
C. 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.
D. Grant funds must be used to support new program activities or to augment existing funds that
expand current program activities. Grant funds shall not replace (supplant) any federal, state
and/or local funds that have been appropriated for the same purpose. Violations can result in
recoupment of monies provided under this grantor suspension of future program funding
through BSCC grants.
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 state 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; and
3) submittal and approval of any additional required reports.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant
funds have been provided for costs subsequently deemed ineligible, the BSCC may either
withhold an equal amount from future payments to the Grantee or require repayment of an
equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC's Executive Director or
designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the
time within which the Grantee may remedy the failure or violation leading to the withholding.
7. EXECUTIVE ORDER N-6-22 — RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding
Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions"
refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as
well as any sanctions imposed under state law. The EO directs state agencies to terminate
contracts with, and to refrain from entering any new contracts with, individuals or entities that are
determined to be a target of Economic Sanctions. Accordingly, should the State determine
Contractor is a target of Economic Sanctions or is conducting prohibited transactions with
sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State
shall provide Contractor advance written notice of such termination, allowing Contractor at least 30
calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
8. PROJECT BUDGET
Project Budget
Line Item Grant Funds
1. Services and Supplies $95,572
2. Equipment/Fixed Assets $585,912
3. Training Expenses $115,552
4. Indirect Costs $199
TOTAL $797,235
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (0412017)
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. Contractor may not commence performance until
such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part,
without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after
final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow
the auditor(s) access to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further, Contractor
agrees to include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq.,
CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any and
all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance of
this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any
dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any
payments should the Contractor fail to perform the requirements of this Agreement at the time and
in the manner herein provided. In the event of such termination the State may proceed with the work
in any manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor
upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the
performance of this Agreement, shall act in an independent capacity and not as officers or employees
or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the
minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code
Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of
whether the product meets the requirements of Public Contract Code Section 12209. With respect
to printer or duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract
Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its
subcontractors shall not deny the contract's benefits to any person on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (0412017)
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
or military and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination. Contractor and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and
the 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.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including travel,
per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the
laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply with the
requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf
the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15)or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by the bidder for sale
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (0412017)
at the time the purchasing body tenders final payment to the bidder. Government Code Section
4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement,
a monetary recovery for a cause of action assigned under this chapter, the assignor shall be
entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover
from the public body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been
injured by the violation of law for which the cause of action arose and (a) the assignee has not
been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of$100,000, the contractor
acknowledges in accordance with Public Contract Code 7110, that:
A. The contractor recognizes the importance of child and family support obligations and shall fully
comply with all applicable state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the
Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable
or held to be unenforceable, then the parties agree that all other provisions of this Agreement have
force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000,
the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract
to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with
Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then
Contractor must within 60 days of receiving final payment under this Contract (or within such
other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract)certify in a report to the awarding department: (1)the total amount the prime Contractor
received under the Contract; (2) the name and address of the DVBE(s) that participated in the
performance of the Contract; (3)the amount each DVBE received from the prime Contractor; (4)
that all payments under the Contract have been made to the DVBE; and (5) the actual
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (0412017)
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).)
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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 are 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:
JAG Equipment and Training Program Request for Applications, and Attachment 2: JAG
Equipment and Training Program Application for Funding.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise
during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with 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 any federal 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: JAG Equipment and Training Program Request for Applications, and
Attachment 2: JAG Equipment Program and Training Application for Funding, documents,
amendments, approved modifications, and communications filed in support of its request for
grant funds.
D. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all
charges and fees, and give all notices necessary or incidental to the due and lawful proceeding
of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for
services needed to implement and/or support program activities. Grantee agrees that in the
event of any inconsistency between this Grant Agreement and Grantee's agreement with a
subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation
between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his
responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to
the BSCC for the acts and omissions of its subcontractors and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent
obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC
shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in
the JAG Equipment and Training Program RFA and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such 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 final grant project audit 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, the State Controller's Office, the Department of General Services, the
Department of Finance, 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 final grant project audit. The Subcontractor shall provide suitable facilities for access,
monitoring, inspection, and copying of books and records related to the grant-funded
project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to
project activities, sites, staff and documents at all reasonable times during the grant period including
those maintained by subcontractors. Access to program records will be made available by both the
grantee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. All funds received by the Grantee shall be deposited into separate fund accounts which identify
the funds and clearly show the manner of their disposition. Grantee agrees that accounting
procedures for grant funds received pursuant to this Grant Agreement shall be in accordance
with generally accepted government accounting principles and practices, and adequate
supporting documentation shall be maintained in such detail as to provide an audit trail.
Supporting documentation shall permit the tracing of transactions from such documents to
relevant accounting records, financial reports and invoices.
B. Federal Audit Requirement: Grantee is required to complete an audit annually for each fiscal
year/audit period, or fraction thereof, for the entire three-year grant cycle. See Exhibit A: Scope
of Work, Section 8. Audit, for federal audit requirements.
C. The BSCC reserves the right to call for a program or financial audit at any time between the
execution of this Grant Agreement and three years following the end of the grant period. 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.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal,
or other improper use. As such, the Board will not enter into contracts or provide reimbursement
to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of
debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant
funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no
applicable debarment, disqualification, suspension, or removal from a federal, state or local grant
program on the part of the grantee at the time of application and that the grantee will immediately
notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or
subcontractor, a requirement that the subgrantee or subcontractor will provide the same
assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or
subcontractor that has been debarred or convicted, the grant recipient must submit a written
request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance
with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of
the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the
BSCC. Changes may include modification to project scope, changes to performance measures,
compliance with collection of data elements, and other significant changes in the budget or program
components contained in Attachment 1: JAG Equipment and Training Program Request for
Applications, and Attachment 2: JAG Equipment Program and Training Application for Funding.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior
to completion of project upon action or inaction by the Grantee that constitutes a material and
substantial breach 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:
JAG Equipment and Training Program Request for Applications, and Attachment 2: JAG
Equipment Program and Training Application for Funding
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.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the
Grantee at least 30 calendar days written notice stating the reasons for termination and effective
date thereof. The Grantee may appeal the termination decision in accordance with the
instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of
Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the
dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant
Programs Division Deputy Director a written demand for a final decision regarding the
disposition of any dispute between the parties arising under, related to, or involving this Grant
Agreement. Grantee's written demand shall be fully supported by factual information. The
BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days
after receipt of Grantee's written demand invoking this Section "Disputes" to render a written
decision. If a written decision is not rendered within 30 days after receipt of the Grantee's
demand, it shall be deemed a decision adverse to the Grantee's contention. If the Grantee is
not satisfied with the decision of the BSCC Corrections Planning and 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.
10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is
contrary to law, provided that any such waiver shall be in writing and signed by the party making
such waiver.
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2022 JAG Award Federal Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information,
Project Information, Financial Information, and Award Conditions.
1. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
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,
2022, are set out at https://omp.gov/funding/Explore/FY22APpropriationsRestrictions.htm, and are
incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient
is to contact OJP for guidance, and may not proceed without the express prior written approval of
OJP.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200
Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY
2022 award supplements funds previously awarded by OJP under the same award number (e.g.,
funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with
respect to all funds under that award number (regardless of the award date, and regardless of
whether derived from the initial award or a supplemental award) that are obligated on or after the
acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP
awards and subawards ("subgrants"), see the OJP website at
https:HomP.gov/funding/Part2000niformReguirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the
date of submission of the final expenditure report (SF 425), unless a different retention period
applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
provide access, include performance measurement information, in addition to the financial
records, supporting documents, statistical records, and other pertinent records indicated at 2
C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of
the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
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3. Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) --
(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"Personally Identifiable Information (PII)" (2 CFR 200.1)within the scope of an OJP grant-funded
program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130).
The recipient's breach procedures must include a requirement to report actual or imminent
breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual
breach, or the detection of an imminent breach.
4. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier
-- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles
for Grantees and Subgrantees, available at https://www.oup.gov/funding/implement/training-
guiding-principles-grantees-and-subgrantees.
5. Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the
date of the recipient's acceptance of the award. Successful completion of such a training on or
after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award
changes during the period of performance, the new Grant Award Administrator or Financial
Manager must have successfully completed an "OJP financial management and grant
administration training" by 120 calendar days after the date the Entity Administrator enters
updated Grant Award Administrator or Financial Manager information in JustGrants. Successful
completion of such a training on or after January 1, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration
training" for purposes of this condition is available at https://www.omp.gov/training/fmts.htm. All
trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the
recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to
impose additional appropriate conditions on this award.
6. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if(as
determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
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7. 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
assurances or certifications 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.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOX) may
determine that it will not enforce, or enforce only in part, one or more requirements otherwise
applicable to the award. Any such exceptions regarding enforcement, including any such
exceptions made during the period of performance, are (or will be during the period of
performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal
Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the
award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official
accepts all material requirements of the award, and specifically adopts, as if personally executed
by the authorized recipient official, all assurances or certifications submitted by or on behalf of the
recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full
below, a condition incorporated by reference below, or an assurance or certification related to
conduct during the award period -- may result in 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. 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 34 U.S.C. 10271-10273), and also may lead
to imposition of civil penalties and administrative remedies for false claims or otherwise (including
under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its
terms, that provision shall first be applied with a limited construction so as to give it the maximum
effect permitted by law. Should it be held, instead, that the provision is utterly invalid or-
unenforceable, such provision shall be deemed severable from this award.
8. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including
any applicable requirements regarding written notice to program beneficiaries and prospective
program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
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discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage
in or conduct explicitly religious activities, as well as rules and requirements that pertain to
recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cqi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
9. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E
of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
10. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in
certain "education programs."
11. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable
provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified
circumstances, discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal funds, an
abuse of authority relating to a federal grant, a substantial and specific danger to public health or
safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language
of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award,
the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
12. Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval
and reporting requirements, where applicable) governing the use of federal funds for expenses
related to conferences (as that term is defined by DOJ), including the provision of food and/or
beverages at such conferences, and costs of attendance at such conferences.
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Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward
Requirements" in the "DOJ Grants Financial Guide").
13. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of
work under this award. The data must be provided to OJP in the manner (including within the
timeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act (GPRA)
and the GPRA Modernization Act of 2010, and other applicable laws.
14. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to
use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the
"de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election,
and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de
minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part
200 Uniform Requirements.
15. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as
approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
the activities to be carried out under the award (whether by the recipient, or a subrecipient at any
tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless of
an individual's employment status.
The details of this requirement are posted on the OJP web site at
https:Homp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability
required, in advance, for certain individuals who may interact with participating minors), and are
incorporated by reference here.
16. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making
agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award, the
recipient must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReportinq(a)oip.usdol.gov. For purposes of this disclosure, high risk includes any
status under which a federal awarding agency provides additional oversight due to the recipient's
past performance, or other programmatic or financial concerns with the recipient. The recipient's
disclosure must include the following: 1. The federal awarding agency that currently designates
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the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of
contact at that federal awarding agency (name, phone number, and email address), and 4. The
reasons for the high-risk status, as set out by the federal awarding agency.
17. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted
on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https:Homp.gov/financialquide/DOJ/index.htm), including any updated version that may be posted
during the period of performance. The recipient agrees to comply with the DOJ Grants Financial
Guide.
18. 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 recipients and subrecipients
("subgrantees") to adopt and enforce policies banning employees from text messaging while
driving any vehicle during the course of performing work funded by this award, and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
19. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ
awarding agency (OJP or OVW, as appropriate) during the period of performance for this award,
if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
20. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will
be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly
verifies the employment eligibility of the individual who is being hired, consistent with the
provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved
in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful,
in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be
notified of the award requirement for employment eligibility verification and of the associated
provisions of 8 U.S.C. 1324a(a)(1).
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D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to compliance
with this award condition in accordance with Form 1-9 record retention requirements, as well as
records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds
may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed
to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award"
specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other
staff who are or will be involved in the hiring process with respect to a position that is or will be
funded (in whole or in part)with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify
(www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or
subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of
a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for
each hiring for a position in the United States that is or will be funded (in whole or in part) with
award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including any
applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any
recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise
imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the
E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify(a)dhs.gov. E-Verify
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employer agents can email E-Verify at E-VerifyEmployerAgent(a-)_dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award
acceptance.
21. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any employee
or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud,
or abuse to an investigative or law enforcement representative of a federal department or agency
authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (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 recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict (or
purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as
described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to
prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately
stop any further obligations of award funds, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will
receive award funds (whether through a subaward ("subgrant"), procurement contract, or
subcontract under a procurement contract) either requires or has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or otherwise
currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
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b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity
that receives funds under this award is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds to or by that entity, will provide prompt written notification to the
federal agency making this award, and will resume (or permit resumption of) such obligations only
if expressly authorized to do so by that agency.
22. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled
"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory
provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision
that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that
statutory provision as reclassified to Title 34. This rule of construction specifically includes
references set out in award conditions, references set out in material incorporated by reference
through award conditions, and references set out in other award requirements.
23. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements for authorization of any subaward. This condition applies to agreements that--for
purposes of federal grants administrative requirements -- OJP considers a "subaward" (and
therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site
at https:Holp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference here.
24. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of information
in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier
subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not
acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted
on the OJP web site at https:Homp.gov/funding/Explore/SAM.htm (Award condition: System for
Award Management (SAM) and Universal Identifier Requirements), and are incorporated by
reference here.
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This condition does not apply to an award to an individual who received the award as a natural
person (i.e., unrelated to any business or non-profit organization that he or she may own or
operate in his or her name).
25. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the
recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or
oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any
level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal
statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the
recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a
federal agency, a Member of Congress, or Congress (or an official or employee of any of them)
with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract,
subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any
such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient)would or might fall within the scope of these prohibitions, the recipient is to contact
OJP for guidance, and may not proceed without the express prior written approval of OJP.
26. Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently,
$250,000). 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
https:Homp.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 $250,000)), and are incorporated by reference here.
27. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct
related to the trafficking of persons, whether on the part of recipients, subrecipients
("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the
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recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in
persons are posted on the OJP web site at https:Ho*p.gov/funding/Explore/ProhibitedConduct-
Traffickinq.htm (Award condition: Prohibited conduct by recipients and subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to terminate award)),
and are incorporated by reference here.
28. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any
other award of federal funds during the period of performance for this award, the recipient
promptly must determine whether funds from any of those other federal awards have been, are
being, or are to be used (in whole or in part) for one or more of the identical cost items for which
funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested
by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant
Award Modification (GAM) to eliminate any inappropriate duplication of funding.
29. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ
Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent,
subrecipient, contractor, subcontractor, or other person has, in connection with funds under this
award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https:Hoig.0ustice.gov/hotline/contact-qrants.htm (select "Submit Report Online"); (2) mail directed
to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:
Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https:Hoig.mustice.gov/hotline.
30. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards
("subgrants") of$30,000 or more and, in certain circumstances, to report the names and total
compensation of the five most highly compensated executives of the recipient and first-tier
subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which
derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are
posted on the OJP web site at https:Homp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than
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$30,000, or (2) an award made to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or
her name).
31. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures,
and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related
to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to
provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to
abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions
affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General
for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an
award(s).
32. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable
statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include
the applicable conditions of this award in any subaward. Among other things, the recipient is
responsible for oversight of subrecipient spending and monitoring of specific outcomes and
benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this
award.
33. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance
with the provisions of the Part 200 Uniform Requirements. Program income earnings and
expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
34. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice
Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier)
must conform to the Global Standards Package (GSP) and all constituent elements, where
applicable, as described at: https://it.oip.4ov/qsp grantcondition. The recipient (and any
subrecipient at any tier) must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information, or
provide detailed justification for why an alternative approach is recommended.
35. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law
enforcement information sharing systems which involve interstate connectivity between
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity, unless the recipient can demonstrate
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to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
36. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this
award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23,
Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be
applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion,
perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23
occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy
such a fine with federal funds.
37. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research subjects,
including obtainment of Institutional Review Board approval, if appropriate, and subject informed
consent.
38. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements
of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of
data or information. The recipient further agrees, as a condition of award approval, to submit a
Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28
C.F.R. 22.23.
39. The award recipient agrees to participate in a data collection process measuring program outputs
and outcomes. The data elements for this process will be outlined by the Office of Justice
Programs.
40. The recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this project.
41. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force
funded with award funds who is a task force commander, agency executive, task force officer, or
other task force member of equivalent rank, must complete required online (intern et-based) task
force training. Additionally, all future task force members must complete this training once during
the period of performance for this award, or once every four years if multiple OJP awards include
this requirement.
The required training is available free of charge online through the BJA-funded Center for Task
Force Integrity and Leadership (www.ctfli.orq). The training addresses task force effectiveness,
as well as other key issues including privacy and civil liberties/rights, task force performance
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measurement, personnel selection, and task force oversight and accountability. If award funds
are used to support a task force, the recipient must compile and maintain a task force personnel
roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center
for Task Force Integrity and Leadership (www.ctfli.org).
42. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per
day. A detailed justification must be submitted to and approved by the OJP program office prior to
obligation or expenditure of such funds.
43. The recipient understands that, in accepting this award, the Authorized Representative declares
and certifies, among other things, that he or she possesses the requisite legal authority to accept
the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material
requirements that relate to conduct throughout the period of performance under this award. The
recipient further understands, and agrees, that it will not assign anyone to the role of Authorized
Representative during the period of performance under the award without first ensuring that the
individual has the requisite legal authority.
44. Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with
the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other
related federal environmental impact analyses requirements in the use of these award funds,
either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first
determine if any of the following activities will be funded by the grant, prior to obligating funds for
any of these purposes. If it is determined that any of the following activities will be funded by the
award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or
not they are being specifically funded with these award funds. That is, as long as the activity is
being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be
undertaken in order to use these award funds, this condition must first be met. The activities
covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically
sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for
endangered species, or a property listed on or eligible for listing on the National Register of
Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are
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(a) purchased as an incidental component of a funded activity and (b)traditionally used, for
example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of
an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
The recipient further understands and agrees to the requirements for implementation of a
Mitigation Plan, as detailed at https://bua.gov/Funding/nepa.html, for programs relating to
methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the
recipient's or its subrecipients' existing programs or activities that will be funded by these award
funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any
preparation by BJA of a national or program environmental assessment of that funded program or
activity.
45. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to
a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must
maintain advance payments of federal awards in interest-bearing accounts, unless regulatory
exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used
to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne
Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the
award funds in the trust fund (including any interest earned) during the period of performance for
the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including
interest earned, must be returned to OJP at the time of closeout.
46. All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).
Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual
performance reports through JustGrants and Local JAG Category One (Less than $25K) must
submit annual performance reports through JustGrants. Consistent with the Department's
responsibilities under the Government Performance and Results Act (GPRA) and the GPRA
Modernization Act of 2010, the recipient must provide data that measure the results of its work.
The recipient must submit quarterly performance metrics reports through BJA's Performance
Measurement Tool (PMT) website (www.boa performancetools.org). For more detailed information
on reporting and other JAG requirements, refer to the JAG reporting requirements webpage.
Failure to submit required JAG reports by established deadlines may result in the freezing of
grant funds and future High Risk designation.
47. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must
submit quarterly accountability metrics data related to training that officers have received on the
use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with
the public.
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48. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG
program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that
extraordinary and exigent circumstances exist, making such expenditures essential to the
maintenance of public safety and good order.
49. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or
after October 1, 2021
The recipient may obligate (federal) award funds only after the recipient makes a valid
acceptance of the award. As of the first day of the period of performance for the award (October
1, 2021), however, the recipient may choose to incur project costs using non-federal funds, but
any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient
makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed
by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in
the award document that precludes the recipient from obligating, expending, or drawing down all
or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of
project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award
and OJP removes each applicable withholding condition through an Award Condition Modification
(ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project
costs incurred "at-risk" earlier during the period of performance (such as project costs incurred
prior to award acceptance or prior to removal of an applicable withholding condition), provided
that those project costs otherwise are allowable costs under the award.
50. If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA
profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database
operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles
generated under this award may be entered or uploaded into any non-governmental DNA
database without prior express written approval from BJA. Award funds may not be used for the
purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for
entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all
requirements are met for participation in Rapid DNA (see National Rapid DNA Booking
Operational Procedures Manual).
51. Recipients utilizing award funds for forensic genealogy testing must adhere to the United States
Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching
(https://www.iustice.gov/olp/page/file/l204386/download), and must collect and report the metrics
identified in Section IX of that document to BJA.
52. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18
U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this
award to fund (in whole or in part) a specific project or program (such as a law enforcement,
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prosecution, or court program) that results in any court dispositions, information, or other records
that are "eligible records" (under federal or State law) relevant to the National Instant Background
Check System (NICS), or that has as one of its purposes the establishment or improvement of
records systems that contain any court dispositions, information, or other records that are "eligible
records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if
applicable) must ensure that all such court dispositions, information, or other records that are
"eligible records" (under federal or State law) relevant to the NICS are promptly made available to
the NICS or to the "State" repository/database that is electronically available to (and accessed by)
the NICS, and --when appropriate -- promptly must update, correct, modify, or remove such
NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to
demonstrate diligent monitoring of compliance with this condition (including subrecipient
compliance). DOJ will give great weight to any such evidence in any express written
determination regarding this condition.
53. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest
Partnership (BVP) program.
54. Certification of body armor "mandatory wear" policies, and compliance with NIJ standards
If recipient uses funds under this award to purchase body armor, the recipient must submit a
signed certification that each law enforcement agency receiving body armor purchased with funds
from this award has a written "mandatory wear" policy in effect. The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-
resistant and stab-resistant body armor purchases. This policy must be in place for at least all
uniformed officers before any funds from this award may be used by an agency for body armor.
There are no requirements regarding the nature of the policy other than it be a mandatory wear
policy for all uniformed officers while on duty.
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased
at any threat level, make or model, from any distributor or manufacturer, as long as the body
armor has been tested and found to comply with applicable National Institute of Justice ballistic or
stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-
resistant and stab-resistant body armor purchased must be made in the United States and must
be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information
and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ
Body Armor page: https://nio.omp.gov/topics/equipment-and-technology/body-armor
55. Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation
and post-deprivation due process rights that prevent any violation or infringement of the
Constitution of the United States, including but not limited to the Bill of Rights, and the substantive
or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the
Constitution of the United States, as applied to the States, and as interpreted by State courts and
United States courts (including the Supreme Court of the United States). Such programs must
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include, at the appropriate phase to prevent any violation of constitutional rights, at minimum,
notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing
evidence, the right to present evidence, and the right to confront adverse witnesses; the right to
be represented by counsel at no expense to the government; pre-deprivation and post-
deprivation heightened evidentiary standards and proof which mean not less than the protections
afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary
body, and sufficient to ensure the full protections of the Constitution of the United States,
including but not limited to the Bill of Rights, and the substantive and procedural due process
rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United
States, as applied to the States, and as interpreted by State courts and United States courts
(including the Supreme Court of the United States). The heightened evidentiary standards and
proof under such programs must, at all appropriate phases to prevent any violation of any
constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed,
irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a
foundation; and penalties for abuse of the program.
56. The recipient agrees that no funds under this grant award (including via subcontract or subaward,
at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft
vehicles (UAV), or for any accompanying accessories to support UAS.
57. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination
provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of
award acceptance, the recipient must submit to OJP's Office for Civil Rights (at
Civil RightsMOA(a usdoi.gov) written Methods of Administration ("MOX) for subrecipient
monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by
another authorized federal agency), the recipient must make associated documentation available
for review.
The details of the recipient's obligations related to Methods of Administration are posted on the
OJP web site at https://o4p.aov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award
condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)),
and are incorporated by reference here.
58. Recipient integrity and performance matters: Requirement to report information on certain civil,
criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected to the
performance of) either this OJP award or any other grant, cooperative agreement, or procurement
contract from the federal government. Under certain circumstances, recipients of OJP awards are
required to report information about such proceedings, through the federal System for Award
Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information
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on certain civil, criminal, and administrative proceedings to the federal designated integrity and
performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at
https://omp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance
Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
59. BJA- JAG - Withholding of funds for program narrative
Withholding of funds: Program narrative
The recipient may not expend or draw down any award funds until the recipient submits, and OJP
reviews and accepts, the program narrative for this award, and an Award Condition Modification
has been issued to remove this condition.
60. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated
Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has
submitted to the program manager, in a format acceptable to OJP, a formal written certification
directed to OJP and executed by an official with authority to sign on behalf of the recipient, that
the recipient (unless an exemption applies by operation of law, as described below)-- (1) has filed
all Federal tax returns required for the three tax years immediately preceding the tax year in
which the certification is made; (2) has not been convicted of a criminal offense under the Internal
Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification, been
notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in default, or the assessment is the subject
of a non-frivolous administrative or judicial proceeding; and until an Award Condition Modification
(ACM) has been issued to remove this condition.
61. BJA- JAG - Withholding of Funds for Chief Executive Certification
Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not expend or draw down any award funds until the recipient submits the
required "Certifications and Assurances by the Chief Executive of the Applicant Government,"
properly-executed (as determined by OJP), and an Award Condition Modification has been
issued to remove this condition.
62. BJA- JAG - Withholding of Funds for State Strategic Plan submission
Withholding of funds: Required State Strategic Plan submission
The recipient may not expend or draw down any award funds until the recipient submits a
sufficient Statewide Strategic Plan (to include an Annual Report in each year in which the
Statewide Strategic Plan is not fully updated), and an Award Condition Modification has been
issued to remove this condition.
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63. BJA- JAG - SORNA Appeal Limits
The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction
did not substantially implement the Sex Offender Registration and Notification Act (Public Law
109-248, "SORNA") before the deadline, and understands that, as a result of that final agency
decision, the amount of this JAG award was reduced, pursuant to 34 U.S.C. 20927. By accepting
this specific award, the recipient voluntarily agrees that if it elects to file a judicial appeal of that
final agency decision, which was integral in determining this particular funding amount, no such
appeal may commence more than 6 months after the date of acceptance of this award.
64. In accepting this award, the recipient agrees that grant funds cannot be used for Facial
Recognition Technology (FRT) unless the recipient has policies and procedures in place to
ensure that the FRT will be utilized in an appropriate and responsible manner that promotes
public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable
provisions of the U.S. Constitution, including the Fourth Amendment's protection against
unreasonable searches and seizures and the First Amendment's freedom of association and
speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such
policies and procedures available to DOJ upon request.
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2023 JAG Award Federal Conditions
1. Compliance with restrictions on the use of federal funds--prohibited and controlled equipment
under OJP awards
Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal
Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of
federal funds under this award for purchases or transfers of specified equipment by law
enforcement agencies. In addition, OJP requires the recipient, and any subrecipient
("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this
award to acquire or transfer any property identified on the "controlled equipment" list. The details
of the requirement are posted on the OJP web site at
https://www.omp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment
under OJP awards), and are incorporated by reference here.
2. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in
certain "education programs."
3. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable
provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified
circumstances, discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal funds, an
abuse of authority relating to a federal grant, a substantial and specific danger to public health or
safety, or a violation of law, rule, or regulation related to a federal grant.
4. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200
Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY
2022 award supplements funds previously awarded by OJP under the same award number (e.g.,
funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with
respect to all funds under that award number (regardless of the award date, and regardless of
whether derived from the initial award or a supplemental award) that are obligated on or after the
acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP
awards and subawards ("subgrants"), see the OJP website at
https://onP.gov/funding/Part2000niformReguirements.htm.
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Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the
date of submission of the final expenditure report (SF 425), unless a different retention period
applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
provide access, include performance measurement information, in addition to the financial
records, supporting documents, statistical records, and other pertinent records indicated at 2
C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of
the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
5. Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval
and reporting requirements, where applicable) governing the use of federal funds for expenses
related to conferences (as that term is defined by DOJ), including the provision of food and/or
beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward
Requirements" in the "DOJ Grants Financial Guide").
6. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of
work under this award. The data must be provided to OJP in the manner (including within the
timeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act (GPRA)
and the GPRA Modernization Act of 2010, and other applicable laws.
7. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted
on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https://omp.gov/financialquide/DOJ/index.htm), including any updated version that may be posted
during the period of performance. The recipient agrees to comply with the DOJ Grants Financial
Guide.
8. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
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,
2022, are set out at https://www.omp.gov/funding/Explore/FY22AppropriationsRestrictions.htm,
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and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient
is to contact OJP for guidance, and may not proceed without the express prior written approval of
OJP.
9. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including
any applicable requirements regarding written notice to program beneficiaries and prospective
program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage
in or conduct explicitly religious activities, as well as rules and requirements that pertain to
recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cqi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
10. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if(as
determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
11. 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
assurances or certifications 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.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOX) may
determine that it will not enforce, or enforce only in part, one or more requirements otherwise
applicable to the award. Any such exceptions regarding enforcement, including any such
exceptions made during the period of performance, are (or will be during the period of
performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal
Notices: Special circumstances as to particular award conditions"
(https:Homp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference
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into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official
accepts all material requirements of the award, and specifically adopts, as if personally executed
by the authorized recipient official, all assurances or certifications submitted by or on behalf of the
recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full
below, a condition incorporated by reference below, or an assurance or certification related to
conduct during the award period -- may result in 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. 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 34 U.S.C. 10271-10273), and also may lead
to imposition of civil penalties and administrative remedies for false claims or otherwise (including
under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its
terms, that provision shall first be applied with a limited construction so as to give it the maximum
effect permitted by law. Should it be held, instead, that the provision is utterly invalid or-
unenforceable, such provision shall be deemed severable from this award.
12. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E
of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
13. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to
use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the
"de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election,
and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de
minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part
200 Uniform Requirements.
14. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will
be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly
verifies the employment eligibility of the individual who is being hired, consistent with the
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provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved
in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful,
in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be
notified of the award requirement for employment eligibility verification and of the associated
provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to compliance
with this award condition in accordance with Form 1-9 record retention requirements, as well as
records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds
may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed
to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award"
specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other
staff who are or will be involved in the hiring process with respect to a position that is or will be
funded (in whole or in part)with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify
(www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or
subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of
a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for
each hiring for a position in the United States that is or will be funded (in whole or in part) with
award funds.
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C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including any
applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any
recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise
imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the
E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify dhs.gov. E-Verify
employer agents can email E-Verify at E-VerifyEmployerAgent(a-)_dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award
acceptance.
15. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier
-- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles
for Grantees and Subgrantees, available at https://www.oip.gov/funding/implement/training-
quidinq-principles-grantees-and-subgrantees.
16. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as
approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
the activities to be carried out under the award (whether by the recipient, or a subrecipient at any
tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless of
an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://omp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability
required, in advance, for certain individuals who may interact with participating minors), and are
incorporated by reference here.
17. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ
awarding agency (OJP or OVW, as appropriate) during the period of performance for this award,
if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
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18. Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the
date of the recipient's acceptance of the award. Successful completion of such a training on or
after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award
changes during the period of performance, the new Grant Award Administrator or Financial
Manager must have successfully completed an "OJP financial management and grant
administration training" by 120 calendar days after the date the Entity Administrator enters
updated Grant Award Administrator or Financial Manager information in JustGrants. Successful
completion of such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration
training" for purposes of this condition is available at https://onlinegfmt.training.olp.gov/. All
trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the
recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to
impose additional appropriate conditions on this award.
19. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any employee
or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud,
or abuse to an investigative or law enforcement representative of a federal department or agency
authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (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 recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict (or
purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as
described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to
prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately
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stop any further obligations of award funds, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will
receive award funds (whether through a subaward ("subgrant"), procurement contract, or
subcontract under a procurement contract) either requires or has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or otherwise
currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity
that receives funds under this award is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds to or by that entity, will provide prompt written notification to the
federal agency making this award, and will resume (or permit resumption of) such obligations only
if expressly authorized to do so by that agency.
20. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled
"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory
provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision
that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that
statutory provision as reclassified to Title 34. This rule of construction specifically includes
references set out in award conditions, references set out in material incorporated by reference
through award conditions, and references set out in other award requirements.
21. Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) --
(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"Personally Identifiable Information (PII)" (2 CFR 200.1)within the scope of an OJP grant-funded
program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130).
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The recipient's breach procedures must include a requirement to report actual or imminent
breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual
breach, or the detection of an imminent breach.
22. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making
agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award, the
recipient must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReporting(a)oip.usdoi.gov. For purposes of this disclosure, high risk includes any
status under which a federal awarding agency provides additional oversight due to the recipient's
past performance, or other programmatic or financial concerns with the recipient. The recipient's
disclosure must include the following: 1. The federal awarding agency that currently designates
the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of
contact at that federal awarding agency (name, phone number, and email address), and 4. The
reasons for the high-risk status, as set out by the federal awarding agency.
23. 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 recipients and subrecipients
("subgrantees") to adopt and enforce policies banning employees from text messaging while
driving any vehicle during the course of performing work funded by this award, and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
24. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements for authorization of any subaward. This condition applies to agreements that--for
purposes of federal grants administrative requirements -- OJP considers a "subaward" (and
therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site
at https://oip.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference here.
25. Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently,
$250,000). 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).
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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
https://omp.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 $250,000)), and are incorporated by reference here.
26. Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently,
$250,000). 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
https://omp.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 $250,000)), and are incorporated by reference here.
27. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any
other award of federal funds during the period of performance for this award, the recipient
promptly must determine whether funds from any of those other federal awards have been, are
being, or are to be used (in whole or in part) for one or more of the identical cost items for which
funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested
by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant
Award Modification (GAM) to eliminate any inappropriate duplication of funding.
28. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ
Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent,
subrecipient, contractor, subcontractor, or other person has, in connection with funds under this
award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.0ustice.gov/hotline/contact-qrants.htm (select "Submit Report Online"); (2) mail directed
to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:
Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
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Additional information is available from the DOJ OIG website at https://oiq.*ustice.gov/hotline.
29. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of information
in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier
subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not
acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted
on the OJP web site at https://omp.gov/funding/Explore/SAM.htm (Award condition: System for
Award Management (SAM) and Universal Identifier Requirements), and are incorporated by
reference here.
This condition does not apply to an award to an individual who received the award as a natural
person (i.e., unrelated to any business or non-profit organization that he or she may own or
operate in his or her name).
30. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the
recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or
oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any
level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal
statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the
recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a
federal agency, a Member of Congress, or Congress (or an official or employee of any of them)
with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract,
subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any
such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient)would or might fall within the scope of these prohibitions, the recipient is to contact
OJP for guidance, and may not proceed without the express prior written approval of OJP.
31. Recipient integrity and performance matters: Requirement to report information on certain civil,
criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected to the
performance of) either this OJP award or any other grant, cooperative agreement, or procurement
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contract from the federal government. Under certain circumstances, recipients of OJP awards are
required to report information about such proceedings, through the federal System for Award
Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information
on certain civil, criminal, and administrative proceedings to the federal designated integrity and
performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at
https://omp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance
Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
32. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice
Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier)
must conform to the Global Standards Package (GSP) and all constituent elements, where
applicable, as described at: https://it.olp.gov/gsp grantcondition. The recipient (and any
subrecipient at any tier) must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information, or
provide detailed justification for why an alternative approach is recommended.
33. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law
enforcement information sharing systems which involve interstate connectivity between
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity, unless the recipient can demonstrate
to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
34. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force
funded with award funds who is a task force commander, agency executive, task force officer, or
other task force member of equivalent rank, must complete required online (intern et-based) task
force training. Additionally, all future task force members must complete this training once during
the period of performance for this award, or once every four years if multiple OJP awards include
this requirement.
The required training is available free of charge online through the BJA-funded Center for Task
Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness,
as well as other key issues including privacy and civil liberties/rights, task force performance
measurement, personnel selection, and task force oversight and accountability. If award funds
are used to support a task force, the recipient must compile and maintain a task force personnel
roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center
for Task Force Integrity and Leadership (www.ctfli.org).
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BSCC 1535-25
Page 33 of 40
35. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable
statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include
the applicable conditions of this award in any subaward. Among other things, the recipient is
responsible for oversight of subrecipient spending and monitoring of specific outcomes and
benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this
award.
36. Any written, visual, or audio publications funded in whole or in part under this award, with the
exception of press releases, shall contain the following statements: "This project was supported
by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of
Justice Assistance is a component of the Department of Justice's Office of Justice Programs,
which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of
Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily
represent the official position or policies of the U.S. Department of Justice." The current edition of
the DOJ Grants Financial Guide provides guidance on allowable printing and publication
activities.
37. 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 in whole or in part through a grant from the
Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the
U.S. Department of Justice nor any of its components operate, control, are responsible for, or
necessarily endorse, this Web site (including, without limitation, its content, technical
infrastructure, and policies, and any services or tools provided)." The full text of the foregoing
statement must be clearly visible on the home page. On other pages, the statement may be
included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full
text of the statement.
38. Verification and updating of recipient contact information
The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized
Representative contact information in JustGrants, including telephone number and e-mail
address. If any information is incorrect or has changed, the award recipient's Entity Administrator
must make changes to contact information through DIAMD. Instructions on how to update contact
information in JustGrants can be found at https://musticegrants.usdon.gov/training/training-entity-
management.
39. Recipients utilizing award funds for forensic genealogy testing must adhere to the United States
Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching
(https://www.mustice.gov/olp/page/file/l204386/download), and must collect and report the metrics
identified in Section IX of that document to BJA.
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BSCC 1535-25
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40. The recipient agrees that no funds under this grant award (including via subcontract or subaward,
at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft
vehicles (UAV), or for any accompanying accessories to support UAS.
41. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards
("subgrants") of$30,000 or more and, in certain circumstances, to report the names and total
compensation of the five most highly compensated executives of the recipient and first-tier
subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which
derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are
posted on the OJP web site at https://omp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than
$30,000, or (2) an award made to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or
her name).
42. Applicants must ensure that Limited English Proficiency persons have meaningful access to the
services under this program(s). National origin discrimination includes discrimination on the basis
of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act,
recipients are required to take reasonable steps to ensure that LEP persons have meaningful
access to their programs. Meaningful access may entail providing language assistance services,
including oral and written translation when necessary. The U.S. Department of Justice has issued
guidance for grantees to help them comply with Title VI requirements. The guidance document
can be accessed on the Internet at www.lep.gov.
43. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's
guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager
for this award and the Office of Chief Financial Officer (OCFO)) requests related to such
monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to
provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to
abide by reasonable deadlines set by OJP for providing the requested documents. Failure to
cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ
awards, including, but not limited to: withholdings and/or other restrictions on the recipient's
access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a
DOJ High Risk grantee; or termination of an award(s).
44. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance
with the provisions of the Part 200 Uniform Requirements. Program income earnings and
expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
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BSCC 1535-25
Page 35 of 40
45. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this
award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23,
Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be
applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion,
perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23
occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy
such a fine with federal funds.
46. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research subjects,
including obtainment of Institutional Review Board approval, if appropriate, and subject informed
consent.
47. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements
of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of
data or information. The recipient further agrees, as a condition of award approval, to submit a
Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28
C.F.R. 22.23.
48. The recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this project.
49. The recipient understands that, in accepting this award, the Authorized Representative declares
and certifies, among other things, that he or she possesses the requisite legal authority to accept
the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material
requirements that relate to conduct throughout the period of performance under this award. The
recipient further understands, and agrees, that it will not assign anyone to the role of Authorized
Representative during the period of performance under the award without first ensuring that the
individual has the requisite legal authority.
50. In accepting this award, the recipient agrees that grant funds cannot be used for Facial
Recognition Technology (FRT) unless the recipient has policies and procedures in place to
ensure that the FRT will be utilized in an appropriate and responsible manner that promotes
public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable
provisions of the U.S. Constitution, including the Fourth Amendment's protection against
unreasonable searches and seizures and the First Amendment's freedom of association and
speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such
policies and procedures available to DOJ upon request.
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County of Fresno
BSCC 1535-25
Page 36 of 40
51. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination
provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of
award acceptance, the recipient must submit to OJP's Office for Civil Rights (at
Civil Rig htsMOA(a�usdoj.gov) written Methods of Administration ("MOX) for subrecipient
monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by
another authorized federal agency), the recipient must make associated documentation available
for review.
The details of the recipient's obligations related to Methods of Administration are posted on the
OJP web site at https://o4p.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award
condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)),
and are incorporated by reference here.
52. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18
U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this
award to fund (in whole or in part) a specific project or program (such as a law enforcement,
prosecution, or court program) that results in any court dispositions, information, or other records
that are "eligible records" (under federal or State law) relevant to the National Instant Background
Check System (NICS), or that has as one of its purposes the establishment or improvement of
records systems that contain any court dispositions, information, or other records that are "eligible
records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if
applicable) must ensure that all such court dispositions, information, or other records that are
"eligible records" (under federal or State law) relevant to the NICS are promptly made available to
the NICS or to the "State" repository/database that is electronically available to (and accessed by)
the NICS, and --when appropriate -- promptly must update, correct, modify, or remove such
NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to
demonstrate diligent monitoring of compliance with this condition (including subrecipient
compliance). DOJ will give great weight to any such evidence in any express written
determination regarding this condition.
53. Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with
the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other
related federal environmental impact analyses requirements in the use of these award funds,
either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first
determine if any of the following activities will be funded by the grant, prior to obligating funds for
any of these purposes. If it is determined that any of the following activities will be funded by the
award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or
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BSCC 1535-25
Page 37 of 40
not they are being specifically funded with these award funds. That is, as long as the activity is
being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be
undertaken in order to use these award funds, this condition must first be met. The activities
covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically
sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for
endangered species, or a property listed on or eligible for listing on the National Register of
Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are
(a) purchased as an incidental component of a funded activity and (b)traditionally used, for
example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of
an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
The recipient further understands and agrees to the requirements for implementation of a
Mitigation Plan, as detailed at https://bia.gov/Funding/nepa.html, for programs relating to
methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the
recipient's or its subrecipients' existing programs or activities that will be funded by these award
funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any
preparation by BJA of a national or program environmental assessment of that funded program or
activity.
54. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to
a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must
maintain advance payments of federal awards in interest-bearing accounts, unless regulatory
exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used
to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne
Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the
award funds in the trust fund (including any interest earned) during the period of performance for
the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including
interest earned, must be returned to OJP at the time of closeout.
55. Certification of body armor "mandatory wear" policies, and compliance with NIJ standards
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BSCC 1535-25
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If recipient uses funds under this award to purchase body armor, the recipient must submit a
signed certification that each law enforcement agency receiving body armor purchased with funds
from this award has a written "mandatory wear" policy in effect. The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-
resistant and stab-resistant body armor purchases. This policy must be in place for at least all
uniformed officers before any funds from this award may be used by an agency for body armor.
There are no requirements regarding the nature of the policy other than it be a mandatory wear
policy for all uniformed officers while on duty.
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased
at any threat level, make or model, from any distributor or manufacturer, as long as the body
armor has been tested and found to comply with applicable National Institute of Justice ballistic or
stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-
resistant and stab-resistant body armor purchased must be made in the United States and must
be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information
and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ
Body Armor page: https:Hnin.00p.gov/topics/equipment-and-technology/body-armor
56. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest
Partnership (BVP) program.
57. If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA
profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database
operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception
of Forensic Genetic Genealogy, no profiles generated under this award may be entered or
uploaded into any non-governmental DNA database without prior express written approval from
BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the
resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with
their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see
National Rapid DNA Booking Operational Procedures Manual).
58. Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation
and post-deprivation due process rights that prevent any violation or infringement of the
Constitution of the United States, including but not limited to the Bill of Rights, and the substantive
or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the
Constitution of the United States, as applied to the States, and as interpreted by State courts and
United States courts (including the Supreme Court of the United States). Such programs must
include, at the appropriate phase to prevent any violation of constitutional rights, at minimum,
notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing
evidence, the right to present evidence, and the right to confront adverse witnesses; the right to
be represented by counsel at no expense to the government; pre-deprivation and post-
deprivation heightened evidentiary standards and proof which mean not less than the protections
afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary
body, and sufficient to ensure the full protections of the Constitution of the United States,
including but not limited to the Bill of Rights, and the substantive and procedural due process
rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United
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BSCC 1535-25
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States, as applied to the States, and as interpreted by State courts and United States courts
(including the Supreme Court of the United States). The heightened evidentiary standards and
proof under such programs must, at all appropriate phases to prevent any violation of any
constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed,
irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a
foundation; and penalties for abuse of the program.
59. Exceptions regarding Prohibited and Controlled Equipment under OJP awards
Notwithstanding any provision to the contrary in the other terms and conditions of this award,
including in the condition regarding "Compliance with restrictions on the use of federal funds--
prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale
of Award-Funded Controlled Equipment to Other LEAs" and the requirements for the
"Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs" do not apply to this award.
60. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG
program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that
extraordinary and exigent circumstances exist, making such expenditures essential to the
maintenance of public safety and good order.
61. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or
after October 1, 2022
The recipient may obligate (federal) award funds only after the recipient makes a valid
acceptance of the award. As of the first day of the period of performance for the award (October
1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but
any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient
makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed
by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in
the award document that precludes the recipient from obligating, expending, or drawing down all
or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of
project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award
and OJP removes each applicable withholding condition through an Award Condition Modification
(ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project
costs incurred "at-risk" earlier during the period of performance (such as project costs incurred
prior to award acceptance or prior to removal of an applicable withholding condition), provided
that those project costs otherwise are allowable costs under the award.
62. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must
submit quarterly accountability metrics data related to training that officers have received on the
use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with
the public.
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BSCC 1535-25
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63. All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).
Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual
performance reports through JustGrants and Local JAG Category One (Less than $25K) must
submit annual performance reports through JustGrants. Consistent with the Department's
responsibilities under the Government Performance and Results Act (GPRA) and the GPRA
Modernization Act of 2010, the recipient must provide data that measure the results of its work.
The recipient must submit quarterly performance metrics reports through BJA's Performance
Measurement Tool (PMT) website: https://biapmt.omp.gov/. For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpage
(https://boapmt.oup.gov/help/wagdocs.html). Failure to submit required JAG reports by established
deadlines may result in the freezing of grant funds and future High Risk designation.
64. BJA- JAG - SORNA Appeal Limits
The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction
did not substantially implement the Sex Offender Registration and Notification Act (Public Law
109-248, "SORNA") before the deadline, and understands that, as a result of that final agency
decision, the amount of this JAG award was reduced, pursuant to 34 U.S.C. 20927. By accepting
this specific award, the recipient voluntarily agrees that if it elects to file a judicial appeal of that
final agency decision, which was integral in determining this particular funding amount, no such
appeal may commence more than 6 months after the date of acceptance of this award.
65. Withholding of funds for Required certification from the chief executive of the applicant
government
The recipient may not expend or draw down any award funds until the recipient submits the
required "Certifications and Assurances by the Chief Executive of the Applicant Government,"
properly-executed (as determined by OJP), and an Award Condition Modification has been
issued to remove this condition.
66. Withholding of funds for Budget narrative or information
The recipient may not expend or draw down any award funds until the recipient submits, and OJP
reviews and accepts, the required budget information or narrative for the award, and an Award
Condition Modification has been issued to remove this condition.
Rev 10/2022
BSCC Powered by Submittable 0
Title COUNTY OF FRESNO 09/05/2025
CALIFORNIA id. 51563330
by Vanessa Martinez in Edward Byrne Memorial
Justice Assistance Grant Program (JAG)
Equipment and Training Program
vanessa.martinez@fresnosheriff.org
Original Submission 09/05/2025
Score
The Edward Byrne Memorial Justice Assistance Grant (JAG) Equipment
and Training Program Application is divided into four sections as identified
below: Background Information Contact Information Proposal Narrative and
Budget Attachments Each section has a series of questions that require a
response. Applicants will be prompted to provide written text, select options
from a drop down menu, select options from a multiple choice menu, or
upload attachments. Questions marked "(required)" in red require
responses. Applicants will not be able to submit the JAG Equipment and
Training Program Application until all questions marked "(required)" have
been completed. Applicants may reference the JAG Equipment and Training
Program Request for Applications (RFA) for background information, key
dates, rating factors, and other important information to aid in the
completion of the Grant Program Application. The JAG RFA is available on
the BSCC website JAG Homepage NOTE: Applicants may start and stop
their application but must select "Save Draft" at the bottom of the
application before existing.
SECTION 1 - This section requests information about the project name and location,
BACKGROUND federal identification, funding requested, and an overview of the project.
INFORMATION
Name of Applicant COUNTY OF FRESNO CALIFORNIA
(County)
Applicant's Physical 2200 Fresno Street
Address Fresno
CA
93721
US
36.736677
-119.790678
Applicant's Mailing
Address (If different
than physical
address)
Mailing Address for PO Box 1788
Payment Fresno
CA
93717
US
36.736252
-119.786928
Tax Identification
Number
Federal Employer ID
Unique Entity LGKUUQQL3GT9
Identifier (UEI)
Lead Public Agency Fresno County, CA Sheriffs Office
Project Title Fresno County JAG Law Enforcement Equipment and Training Program
Program Purpose Applicants are required to identify the Program Purpose Areas (PPA) and
Areas (PPA) Priority Areas of Need for which equipment, supplies, and/or training
initiatives JAG funds will be used. A total of five eligible PPAs are identified
in the JAG RFA (Page 7): PPA 1: Law enforcement programs PPA 2:
Prosecution and court programs PPA 3: Prevention and education
programs PPA 5: Drug treatment and enforcement programs PPA 8: Mental
health programs and related law enforcement and corrections programs
Applicants are required to address a minimum of one Program Purpose
Area and one corresponding Priority Area of Need. Applicants are not
required to address each PPA or Priority Area of Need.
Law Enforcement Violent crime reduction initiatives
Programs (PPA 1) Drug enforcement
Crisis intervention/mental health/suicide prevention
Prosecution and
Court Programs
(PPA 2)
Prevention and
Education Programs
(PPA 3)
Drug Treatment and
Enforcement
Programs (PPA 5)
Mental Health
Programs and
Related Law
Enforcement and
Corrections
Programs (PPA 8)
Proposal Summary The County of Fresno requests BSCC JAG Equipment and Training funding
for Law Enforcement Programs, to enhance officer safety, operational
effectiveness, and reduction of violent crime through targeted equipment
purchases and specialized training. The Sheriff's Office will address
operational gaps and improve law enforcement to reduce violent crime,
disrupt narcotics activity, and complex incidents response. while. Probation
proposes to bolster officer readiness and tactical proficiency in support of
violent crime reduction and crisis intervention initiatives. These
investments will close gaps to reduce violent crime, safeguard personnel
and the public.
SECTION 2 - This section requests contact information for the individuals identified as
CONTACT the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-
INFORMATION Day Fiscal Contact, and the Authorized Signature.
Project Director Brandon
Pursell
Project Director's Captain
Title with
Agency/Department/Organization
Project Director's Brandon.Pursell@fresnosheriff.org
Email Address
Project Director's +15596008503
Phone Number
Project Director's 2200 Fresno Street
Address Fresno
CA
93721
US
36.736677
-119.790678
Financial Officer June
Mayeda
Financial Officer's Principle Accountant
Title with
Agency/Department/Organization
Financial Officer's June.Mayeda@fresnosheriff.org
Email Address
Financial Officer's +15596008575
Phone Number
Financial Officer's 2200 Fresno Street
Address Fresno
CA
93721
us
36.736677
-119.790678
Day-To-Day Program Vanessa
Contact Martinez
Day-To-Day Program Accountant
Contact's Title with
Agency/Department/Organization
Day-To-Day Program Vanessa.Martinez@fresnosheriff.org
Contact's Email
Address
Day-To-Day Program +15596008580
Contact's Phone
Number
Day-To-Day Fiscal Cameron
Contact Rossi
Day-To-Day Fiscal Accountant
Contact's Title with
Agency/Department/Organization
Day-To-Day Fiscal Cameron.Rossi@fresnosheriff.org
Contact's Email
Address
Day-To-Day Fiscal +15596008568
Contact's Phone
Number
Name of Authorized John
Officer* Zanoni
Authorized Officer's Sheriff
Title with
Agency/Department/Organization
Authorized Officer's John.Zanoni@fresnosheriff.org
Email Address
Authorized Officer's +15596008502
Phone Number
Authorized Officer checked
Assurances
SECTION 3 - This section requests responses to the items to be addressed in the
PROJECT Project Narrative.
NARRATIVE AND
BUDGET
Project Narrative The Project Narrative must address the following, as described in the JAG
Instructions RFA (Page 15): Identify to need Describe the need(s) to be addressed, the
process used to determine the need(s) and how the need(s) are related to
the identified JAG Program Purpose Areas and Priority Areas of Need. For
each PPA and Priority Area of Need identified: a) Describe the equipment
and supplies to be purchased and explain how those purchases will support
that PPA and Priority Area of Need, and/or b) Describe the training that will
be offered and how it will support that PPA and Priority Area of Need.
When responding, clearly identify each item being addressed (i.e.
Description of Need, PPAs identified, etc.). The Project Narrative may not
exceed 6,692 total characters (includes punctuation, numbers, spacing and
any text). In Microsoft Word, this is approximately 3 pages in Arial 12-point
font with one-inch margins on all four sides and at 1.5-line spacing. A
character counter is automatically enabled that shows the number of
characters used and the remaining number of characters before the limit is
met. If the limit is exceeded, a red prompt will appear with the message
"You have exceeded the character limit". Applicants will be prohibited from
submit the JAG Equipment and Training Program Application until they
comply with the character limit requirements. NOTE: It is up to the applicant
to determine how to use the total word limit in addressing each section item
to be addressed.
Project Narrative The County of Fresno is requesting BSCC JAG Equipment and Training
funding for proposed purchases in support of JAG Program Purpose Area
1 : Law enforcement program. The Fresno County Sheriff's Office will utilize
funding for law enforcement programs equipment, tools and training to
enhance law enforcement operations and officer safety. These purchases
support a priority need by equipping the Fresno County Sheriff's Office with
the safety and response tools and training necessary to enhance
operations, improve officer safety, reduce violent crime, and build safer
communities across Fresno County. Funding will strengthen the agency's
capacity to reduce violent crime, disrupt narcotics activity, and respond to
complex incidents while protecting personnel.
The Fresno County Sheriff's Office has identified several operational
deficiencies through post-incident debriefs and strategic assessments. The
agency lacks a deployable command post to coordinate major incidents,
which can lead to delays and fragmented communication during both law
enforcement operations such as gang suppression, narcotics enforcement,
and violent crime investigations and large-scale emergencies, including
natural disasters, mass shootings, and public events. To address this
need, the Sheriff's Office proposes acquiring a fully outfitted command post
trailer and heavy-duty tow vehicle. The mobile command center will provide
a secure, climate-controlled, and technologically equipped platform for
command staff and operations personnel, enabling effective on-scene
coordination and resource management across all types of critical
incidents. A heavy-duty truck is essential for safe transport, offering the
chassis, suspension, and braking systems required to tow a fully equipped
command trailer.
Current radio systems do not integrate effectively with partner agencies,
creating safety risks and reducing the efficiency of joint operations. Partner
agencies already use Wave Two-Way Radios, but our personnel lack this
capability, placing them at a disadvantage during joint responses. Acquiring
Wave Two-Way Radios will close this compatibility gap by enabling
seamless real time communication and coordination among deputies and
partner units particularly during multi-agency operations and large-scale
deployments directly enhancing officer safety and operational efficiency.
The agency also requires updated handheld digital cameras to ensure the
accurate collection and documentation of evidence. These cameras will
provide high-quality still images of items and scenes in the field, ensuring
evidence is properly recorded for investigations, reports, and prosecutions
while enhancing accountability and investigative effectiveness.
Training is equally critical. The Sheriff's Office intends to expand trainings
focused on incident management, narcotics enforcement, and crisis
intervention, ensuring deputies and detectives are prepared for evolving
threats. In addition, specialized financial and professional development
training will strengthen staff expertise in resource management, grant
compliance, and fiscal oversight, supporting efficient operations and
responsible stewardship of public funds.
The Fresno County Probation Department (Probation) is proposing to
purchase safety equipment and training to enhance officer safety,
operational readiness, and training effectiveness under two identified
Priority Areas of Need: crisis intervention and violent crime reduction
initiatives. This acquisition will allow Probation to approach crime reduction
initiatives and enforcement task forces in a prepared, effective, and safe
manner. Currently, Probation lacks the identified equipment and specified
trainings; this will therefore fill a gap in Probation's training regimen and
assist with proper training responses.
Realistic scenario-based training environments allow officers to rehearse
critical decision-making, building searches, and tactical entries in safe yet
challenging settings. The Simtek reconfigurable modular kit enables
customizable layouts, keeping training dynamic, preventing predictability,
and promoting adaptability. This investment improves tactical proficiency,
communication, and teamwork while reducing operational risk.
To maximize effectiveness of Simunition-based defensive and field tactics
training, officers require equipment that replicates real-world conditions.
Investing in Simunition equipment ensures officers apply tactics in realistic
scenarios aligned with crime reduction initiatives in the community. Shock-
absorbing mats will reduce injuries and increase physical safety during
defensive tactics and Simunition training. Mobile misting fans will support
the Department's Injury and Illness Prevention Program by mitigating heat-
related risks during training exercises.
A Gator Utility Vehicle will improve logistics by enabling safe, efficient
transport of heavy equipment like mats across training grounds and remote
areas, enhancing overall training effectiveness.
Standardized long guns will provide officers with reliable modern firearms
essential for responding to critical incidents such as active shooter
situations, high-risk warrants, and incidents of violent crime requiring
greater range and accuracy. Equipping officers with these safety tools
ensures decisive responses in life-threatening events.
Implementing a long gun platform requires a Train-the-Trainer (TOT) rifle
course to build internal instructional capacity. This approach ensures
consistent, department-approved training aligned with Peace Officer
Standards Training (POST) standards, reducing reliance on external
trainers and improving instructional quality.
Duty to Intercede training is a component of crisis intervention and
addresses accountability and ethical responsibility. Officers must be
prepared and empowered to intervene in cases of excessive force or
misconduct. This training reflects the Department's commitment to integrity
and compliance with statutory mandates.
Budget Instructions Applicants are required to submit a Project Budget and Budget Narrative
(Budget Attachment). Upon submission the Budget Attachment will become
the Proposal Budget (Budget Tables & Narrative) making up part of the
official proposal. The Budget Attachment must be filled out completely and
accurately. Applicants are solely responsible for the accuracy and
completeness of the information entered in the Budget Table and Budget
Narrative. The grant budget must cover the entire grant period. Funding will
be allocated to counties based on county population as shown in Table 2
below on page 9-10 of the JAG RFA . This is a non-competitive grant.
Applicants may apply for any dollar amount up to and including the available
amount allocated to their county. For additional guidance related to grant
budgets, refer to the BSCC Grant Administration Guide. The JAG Project
Budget Attachment is provided as a stand-alone document on the BSCC
website on the JAG Homepage.
Attachment A: JAG Project Budget Attachment
Combined_JAG_-_Budget_Pages_final.xlsx
SECTION 4 - This section list the attachments that may be submitted with the application.
ATTACHMENTS Appendix B: - Governing Board Resolution or Other Proof of Signing
Authority (not required at time of application, but must be submitted prior to
contract execution) Appendix C: Certification of Compliance with BSCC
Policies on Debarment, Fraud, Theft, and Embezz:lement (not required at
time of application, but must be submitted prior to contract execution)
OPTIONAL: Appendix
B: Governing Board
Resolution or Other
Proof of Signing
Authority
OPTIONAL:
Certification of
Compliance with
BSCC Polices On
Debarment, Fraud,
Theft, and
Embezzlement
(Appendix C)
CONFIDENTIALITY All documents submitted as a part of the Edward Byrne Memorial Justice
NOTICE: Assistance Grant Program proposal are public documents and may be
subject to a request pursuant to the California Public Records Act. The
BSCC cannot ensure the confidentiality of any information submitted in or
with this proposal. (Gov. Code, § 6250 et seq.)
ECTIONS
BSCC C PG P .�TIPROGRAMS
JAG Equipment and Training Program
Name of County Applicant:Fresno County
Note:Rows 7-10 will auto-populate based on the information entered in the budget Categories(Services and Supplies,etc.)
lBudget Category Total
1.Services and Supplies $95,572
2.Equipment/Fixed Assets $585,912
3.Training Expenses $115,552
4. Indirect Costs $199
TOTAL $797,235
la.Services and Supplies
Itemized List of Services or Supplies Calculation for Expenditure Total
Example:Office Supplies(Paper,Pens,etc.) $350/month x 12 Months $4,200
Wave Radios at per radio estimated cost of$355(40 x$355=$14,200)
Wave Two-Way Radios Estimated sales tax at 8.35%=$1,185.70 $37,466
2 Years of Airtime from date of activation at per radio cost of$552(40 x$552=$22,080)
Radio Chargers at per charger estimated cost$64(40 x$64=$2,560)
Radio Accessrdes Radio Ear Pieces at per ear piece estimated cost$87(40 x$87=$3,480) $11,875
Wireless Bluetooth Device at per device estimated cost$123(40 x$123=$4,920)
Estimated Sales tax at 8.35%=$915.16
Nikon Z6111 camera base with 24-70mm f/4 Lens Kit at per camera price of$3,096.95(9 x$3,096.95=$27,872.55)
Crime Scene Cameras Camera Periferals and Accessories at$1,328.28(9 x$1,328.28=$11,954.52) $43,153
Estimated sales tax at 8.35%=$3,325.56
Canopy Tents 12ft Overall Lg,12ft Overall W d,8 7/8ft Overall Hl,Powder Coaled.Steel at$215.94 each(3 x$215.94=$647.82)plus$30 Shipping $678
Industrial Misting Fans 3 Speeds,1,700 dm,115V AC,Oscillating at$599.98 each(4 x$599.98=$2,399.92) $2,400
TOTAL $95,572
1b.Services and Supplies Narrative:
Wave Two-Way Radios will allow for seamless,real-time communication and coordinaton during callaboretive deployments with otheragencies.These radios will help to enhance oKcersafety,tactical precision,and operational eficiency.The crime
s will allowpersonnel to better document crime scenes,collect evidence,and support investigations and prosecutions.By acquiring updated digital cameres,the agency will improve the integrity ofits evidence collection process,
enhance investigative outcomes,and reinforce accauntability across operations.The use of canopy tents and industrial misting fans are essential to personnel safety to protect against heat exposure and prevent heat illness during indoor and
outdoor simulation response training exercises.
2a.Equipment/Fixed Assets
Itemized List of Professional Service(s) Calculation for Expenditure Total
Example:Purchase of Vehicle Toyota Prius @ Market Value $24,000
Mobile Command Center Trailer and Heavy-Duty Tow Trailer @$267,466 per contractor quote $367,466
Vehicle Vehicle @$100,000 per contractor quote
Sig Sauer MCX Long Gun 18 Long Gun at per gun at estimated cast of$2,400 each(18 x$2,400=$43,200). $43,200
tin Rollout Mats at$6.35 per sgft for atowl of 2,160 sqft that is($6.35 x 2,160=$13,716)
Rollout Clear Tape 4in for a total of 84ft hall case of 9 rolls=$199.45
Greatmats(Rollout Mat)+Rollout Tape Estimated Taxes at$1,109.76 $16,746
Estimated Shipping cast at$1,721
Total Cost=$13,716+$199.45+$1,109.76+$1,721=$16,746.21
Gator Crossover Utility Vehicle model number XUV 845R Premium Cab at estimated cast of$34,871.30
Gator Crossover Utility vehicle Estimated Taxes at$2,780.99 $37,659
SBOE Tire Fee(Tax exempt fee)at$7
Total Cost=$34,871.30+$2,780.99+$7=$37,659.29
-Ammunition:
40 cases(200 round per case equaling 8,000 rounds)at at$350 per case for a total cost of$14,000(40 x$350)
Sales Tax$1,159
Total Ammunition Cost=$14000+$1,169=$15,169
Long Gun Ammunition and Accessories - Long Gun Accessories: $15,187
1 MAGPUL PMAG 1 ORD MAGAZINE BLACK.223 MAG559-BLK AT$17.
Sales Tax=$1.42
Total Accessories Cost=$17+1.42=$18.42
SimTek 2400 sgft at estimated cost of$61,000.(Treated Wood)
Paint estimated cost of$10,700.
Simtek Modular Tactical House Estimated Taxes at$4,857.71 $82,098
Estimated Shipping Cost at$5,540.
Total Cost=$61,000+$10,700+$4,857.71+$5,540=$82,097.71
Simunition Equipments at a total cast of$21,815.56
15 SIMUNITION 9MM WEAPONS AT$1,000.00 EACH(15 x$1,000.00=$15,000.00)
10 SIMUNITION FX 9004 MASK,BLACK AT$275.84 EACH(10 x$275.84=$2,758.40)
10 SIMUNITION FX 9000 THROAT COLLAR,ONE SIZE AT$70.97 EACH(10 x$70.97=$709.70)
10 SIMUNITION FX 9000 GROIN PROTECTOR,MALE AT$79.23 EACH(10 x$79.23=$792.30)
Simunition Equipments(See the Narrative for Details) 10 SIMUNITION FX 9000 GROIN PROTECTOR,FEMALE AT$68.52 EACH(10 x$68.52=$685.20) $23,555
4 SIMUNITION FX 9000 PROTECTIVE VEST,MALE OR FEMALE AT$148,17 EACH(4 x$148.17=$592.68)
4 SIMUNITION FX 9000 ARM PROTECTORS(PAIR)AT$98.00 EACH(4 x$98.00=$392.00)
6 SIMUNITION FX 9000 IMPROVED PROTECTIVE GLOVES AT$64.63 EACH(6 X$64.63=$387.78)
2 SIMUNITION FX 9000 PROTECTIVE PANTS AT$248.75 EACH(2 X$248.75=$497.50)
Estimated Texas at$1,739.79
Total=$21,815.56+$1,739.79=$23,555.35
TOTAL $585,912
2b.Equipment/Fixed Assets Narrative
The mobile command center trailer will provide a secure,climate-controlled,and technologically equipped platform for command staff and operations personnel,enabling effective on-scene coordination and resource management across all types of
critical incidents.A heavy-duty truck is essential for safe transport,offering the chassis,suspension,and braking systems required to tow a fully equipped command trailer.The long guns with ammunition and accessories will be used to implement a
Ong gun platform to enhance officer safety during enforcement and response task forces.The modular tactical house,simunitfon equipment,and shock absorbing roll out mats will allow Probation officere to safely prepare and Vain for on=
intervention training when encountering real-woad events during enforcement and response task forces initiated to reduce incidents of violent crime.The Gator utility vehicle will allow forofficer safety in the preparation of indoor and out door training
sites for tactical exeroises for response as well as enforcement incidents and task forces.
3a.Training Expenses
Itemized of Equipment/Fixed Asset Calculation for Expense Total
Example Crisis Response Training $1200 Reg.Fees*4 Participants+Lodging 2 rooms @$200/night*2 nights+Per Diem$150/person*2 days $6800
Crisis Intervention Training 16 Officers will attend this training at per officer cost of$1,040(16 x$1,040=$16,640) $16,640
Incident Management Training 10 Employees will attend this training at per employee cost of$1,320(10 x$1,320=$13,200) $13,200
Narcotic Officers'Training and Exposition 8 Officers will attend this training at per officer cost of$1,275(8 x$1,275=$10,200) $10,200
Duty to Intercede Training 400 Students will attend this training at per student cost of$150(400 x$150=$60,000) $60,000
.,Office will attend this course at estimated per officer registeration cost of$850(8 x$850=$6,800)
Lodging estimated cost of$5,216.00
Long Gun Train the Trainer Course Parking estimated cost of$400.00 $15,512
Meals and Incidential estimated cost of$3,096.00
Total cost=$6,800+$5,216+$400+$3,096=$15,512*0
TOTALS E115,552
3b.Training Expenses
The Crisis Intervention Training will provide education,skills improvement,and increased proficiency in crisis intervention.This training will cover topics related to mental illness,stigma,substance use disorders,developmental disabilities,and review
of recent incidents and new approaches.The Incident Mangement Training will provide training for officers who may function in a command post managing an expanding incident.This training will allow officers to learn large scale incident
management in a variety of scenarios such as,natural distasters,mass shootings,gang suppression,and narcotics enforcement.The Narcotics Officers'Training and Exposition will provide various classes and trainings related to narcotics
operations and investigations.This training will allow officers to build upon their education and skills within a variety of areas such as,emerging drug trends and hazards,human trafficking,prison gangs,asset forfeiture,updates on search and
seizure and more.The Duty to Intercede Training will provide officers the tools to recognize use of excessive force and intervene physically and or verbally when encountered during crisis response and enforcement activlties.Long Gun Train the
Trainer Course is an essential part ofimplement'ng a long gun platform for use during response and enforcement task forces.This training will provide officers identffied as subject matter experts in use of long guns to learn how to train,improve
instructional quality,and facilitate skill development in Department officers that align with Peace Officer Standards Training standards while reducing reliance on external trainers.
'14a.Indirect Costs
For this grant program,indirect costs may be charged using only one of the two options below: Rate Direct Costs Max.Allowable Grant Funds
Indirect Costs
If the applicant does not have a federally approved indirect cost rate,the applicant may claim indirect costs using the Federal De
Minimis,15%of Modified Total Direct Costs(calculated as 15%multiplied by total direct costs,minus equipment,plus up to the
first$50,000 of each subcontract) 15.00% $211,124 $31,669 $199
*If the amount entered in H277 turns red,please adjust it to not exceed the line item limit noted in G277
If the applicant has a federally approved indirect cast rate,may claim indirect costs up to the organization's federally approved
indirect cost rate. $797,036 $0
*If the amount entered In H278 turns red,please adjust It to not exceed the line Item limit noted in G278
TOTAL $199
4b.Indirect Costs Narrative
Fresno County Probation is requesting a de minimis rate of 15%to be included to the claims with a maximum of$199.The 15%indirect cast will be calculated on the total direct cost excluding equiment,ifany.These costs support essential
administrative functions of the Justice Equipment and Training Program.
County of Fresno
BSCC 1535-22
Page 1 of 1
APPENDIX A: JAG EXECUTIVE STEERING COMMITTEE ROSTER
2018 JAG Executive Steering Committee
OrganizationName Title
1 Linda Penner(Chair) Chairperson Board of State and Community Corrections
Los Angeles County's Countywide Criminal
2 Mark Delgado Executive Director Justice Coordination Committee, Los Angeles
Count
3 Eric Durnell Ph. D. Candidate Social Psychology, California State University,
San Francisco, San Francisco County
4 David Fernandez Senior Special Agent California Department of Corrections and
Rehabilitation, Sacramento County
5 Robin Lipetzky Public Defender Contra Costa County
6 Lyle Martin Police Chief Bakersfield Police Department, Kern County
7 Steven Meinrath Attorney Sacramento County
8 Debbie Paolinelli Assistant County Administrative Fresno County
Officer
9 Jonathan Raven Chief Deputy District Attorney Yolo County
10 Darren Thompson Sheriff-Coroner San Benito County
11 Erik Upson Police Chief Benicia Police Department, Solano County
12 Erica Webster Master's Candidate Luskin School of Public Affairs, University of
California Los Angeles, Los Angeles County
13 Charles White, Ph. D. Director, Criminal Justice Azusa Pacific University, San Diego County