HomeMy WebLinkAboutAgreement A-20-078 with Cal OES.pdfPROJECT CONTACT INFORMATION
Subrecipient: _F _re_s _no_C_ou_n __ ty ________ _ Subaward #: HA19 02 0100
Provide the name, title, address, telephone number, and e-mail address for the project
contacts named below.
1 . The Proiect Director for the project:
Name: Jo y Thompson Title: Probation Division Director
Telephone #: 559-600-1295 Email Address: jthompson@fresnocountyca.go
Address/City/Zip+ 4: 3333 E. American Ave. Suite B, CA 93725-9248
2.The Financial Officer for the project:
Name: Greg Reinke
Telephone #: 559-600-1247
Title: Administration Division Director
Email Address: greinke@fresnocountyca.gov
Address/City /Zip + 4: 3333 E. American Ave. Suite B, CA 93725-9248
3.The person having Routine Programmatic responsibility for the project:
Name: Karen Roach Title: Probation Services Manager
Telephone #: 55 9-600-1675 Email Address: kroach@fresnocountyca.gov --------
Address/City/Zip+ 4: 2233 Kern Street, Fresno, CA 93721-2613
4.The person having Routine Fiscal responsibility for the project:
Name: Norabelle Elegado Title: Supervising Accountant
Telephone#: 559-600-1246 Email Address: nelegado@fresnocountyca.go
Address/City /Zip + 4: 3333 E. American Ave. Bldg 702, C A 93725-9248
5.The Executive Director of a Community Based Organization or the Chief ExecutiveOfficer (i.e., chief of police, superintendent of schools) of the implementing
agency:
Name: K irk Haynes Title: Chief Probation Officer
Telephone #: 559-600-1298 Email Address: khaynes@fresnocountyca.gov
Address/City /Zip + 4: 3333 E. American Ave. Suite B, CA 93725-9248
6.
_
The Official Designated by the Governing Board to enter into the Grant Subaward
for the City /County or Community-Based Organization, as stated in Section 15 of
the Grant Subaward Face Sheet:
Name: Ernes t Buddy Mend es Title:Chairman, , Board of Supervisor
Telephone #: _559-600-4000__ Email Address: District4@fresnocountyca.gov
Address/City /Zip + 4: 2281 Tulare, Room# 301, Fresno, CA 93721-2105
7.The Chair of the Governing Body of the Subrecipient:
Name: Ernest Buddy Mendes
Telephone #: 559-600-4ooo
Title: Chairman, Board of Supervisors
Email Address: District4@fresnocountyca.gov
Address/City/Zip+ 4: 2281 Tulare, Room# 301, Fresno, CA 93721-2105
Project Contact Information Cal OES 2-102 (Revised 07/2019)
CERTIFICATION OF ASSURANCE OF COMPLIANCE
Victims of Crime Act (VOCA) Victim Assistance Formula Grant Program
The Applicant must complete a Certification of Assurance of Compliance-VOCA
(Cal OES 2-104f), which includes details regarding federal grant funds, the Equal Employment
Opportunity, Drug Free Workplace Compliance, California Environmental Quality Act,
Lobbying, Debarment and Suspension requirements, Proof of Authority from City
Council/Governing Board, Civil Rights Compliance, and the special conditions for Subaward
with the above mentioned fund. The Applicant is required to submit the necessary
assurances and documentation before finalization of the Grant Subaward. In signing the
Grant Subaward Face Sheet, the Applicant formally notifies Cal OES that the Applicant will
comply with all pertinent requirements.
Resolutions are no longer required as submission documents. Cal OES has incorporated the
resolution into the Certification of Assurance of Compliance, Section VII, entitled, "Proof of
Authority from City Council/Governing Board." The Applicant is required to obtain written
authorization (original signature) from the City Council/Governing board that the official
executing the Grant Subaward is, in fact, authorized to do so, and will maintain said written
authorization on file and readily available upon demand. This requirement does not apply to
state agencies.
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020)
CERTIFICATION OF ASSURANCE OF COMPLIANCE
Victims of Crime Act (VOCA) Victim Assistance Formula Grant Program
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 1
I, hereby certify that
(official authorized to sign; same person as Section 15 on Grant Subaward Face Sheet)
Subrecipient:
Implementing Agency:
Project Title:
is responsible for reviewing the Subrecipient Handbook and adhering to all of the Grant
Subaward requirements (state and/or federal) as directed by Cal OES including, but not
limited to, the following areas:
I. Federal Grant Funds
Subrecipients expending $750,000 or more in federal grant funds annually are required
to secure an audit pursuant to Office of Management & Budget (OMB) Uniform
Guidance 2 Code of Federal Regulations (CFR) Part 200, Subpart F and are allowed to
utilize federal grant funds to budget for the audit costs. See Section 8000 of the
Subrecipient Handbook for more detail.
The above named Subrecipient receives $750,000 or more in federal grant funds
annually.
The above named Subrecipient does not receive $750,000 or more in federal grant
funds annually.
II. Equal Employment Opportunity – (Subrecipient Handbook Section 2151)
It is the public policy of the State of California to promote equal employment
opportunity (EEO) by prohibiting discrimination or harassment in employment because
of race, color, religion, religious creed (including religious dress and grooming
practices), national origin, ancestry, citizenship, physical or mental disability, medical
condition (including cancer and genetic characteristics), genetic information, marital
status, sex (including pregnancy, childbirth, breastfeeding, or related medical
conditions), gender, gender identity, gender expression, age, sexual orientation,
veteran and/or military status, protected medical leaves (requesting or approved for
leave under the Family and Medical Leave Act or the California Family Rights Act),
domestic violence victim status, political affiliation, and any other status protected by
state or federal law. Cal OES-funded projects certify that they will comply with all state
and federal requirements regarding EEO, nondiscrimination, and civil rights.
Equal Employment Opportunity Officer:
Title:
Address:
Phone:
Email:
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 2
III. Drug-Free Workplace Act of 1990 – (Subrecipient Handbook, Section 2152)
The State of California requires that every person or organization subawarded a grant or
contract shall certify it will provide a drug-free workplace.
IV. California Environmental Quality Act (CEQA) – (Subrecipient Handbook, Section 2153)
The California Environmental Quality Act (CEQA) (Public Resources Code, Section
21000 et seq.) requires all Cal OES-funded projects to certify compliance with CEQA.
Projects receiving funding must coordinate with their city or county planning agency to
ensure that the project is compliance with CEQA requirements.
V. Lobbying – (Subrecipient Handbook Section 2154)
Cal OES grant funds, grant property, or grant-funded positions shall not be used for any
lobbying activities, including, but not limited to, being paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any federal
grant, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal grant or cooperative
agreement.
VI. Debarment and Suspension – (Subrecipient Handbook Section 2155)
(This applies to federally-funded grants only.)
Cal OES-funded projects must certify that it and its principals are not presently debarred,
suspended, proposed for debarment, declared ineligible, sentenced to a denial of
federal benefits by a state or federal court, or voluntarily excluded from covered
transactions by any federal department of agency.
VII. Proof of Authority from City Council/Governing Board – (Subrecipient Handbook Section
1350)
The above-named organization (Applicant) accepts responsibility for and must comply
with the requirement to obtain a signed resolution from the City Council/Governing
Board in support of this Program. The Applicant must provide all matching funds
required for said project (including any amendment thereof) under the Program and
the funding terms and conditions of Cal OES, and that any cash match will be
appropriated as required. It is agreed that any liability arising out of the performance of
this Grant Subaward, including civil court actions for damages, shall be the responsibility
of the grant Subrecipient and the authorizing agency. The State of California and Cal
OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant
funds received from Cal OES shall not be used to supplant expenditures controlled by
the City Council/Governing Board.
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 3
The Applicant is required to obtain written authorization from the City
Council/Governing Board that the official executing this Grant Subaward is, in fact,
authorized to do so. The Applicant is also required to maintain said written authorization
on file and readily available upon demand.
VIII. Civil Rights Compliance
The Subrecipient complies with all laws that prohibit excluding, denying or discriminating
against any person based on actual or perceived race, color, national origin, disability,
religion, age, sex, gender identity, and sexual orientation in both the delivery of services
and employment practices and does not use federal financial assistance to engage in
explicitly religious activities.
IX. Special Condition for Grant Subaward with Victims of Crime Act (VOCA) Victim
Assistance Formula Grant Program Funds
1.Applicability of Part 200 Uniform Requirements
The Subrecipient must comply with the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and
supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this FY 2019 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,
2014. If this FY 2019 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 2019 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://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the
Subrecipient 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 Subrecipient 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. 200.333.
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
Subrecipient is to contact OJP promptly for clarification.
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 4
2.Compliance with DOJ Grants Financial Guide
The Subrecipient must to comply with the 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://ojp.gov/financialguide/DOJ/index.htm), including
any updated version that may be posted during the period of performance.
The Subrecipient must comply with the DOJ Grants Financial Guide.
3.Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons
(including reporting requirements and OJP authority to terminate award)
The Subrecipient must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to
the trafficking of persons, whether on the part of Subrecipients, Subrecipients
("Subgrantees"), or individuals defined (for purposes of this condition) as
"employees" of the Subrecipient or of any Subrecipient.
The details of the Subrecipient's obligations related to prohibited conduct
related to trafficking in persons are posted on the OJP web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award
condition: Prohibited conduct by Subrecipients and Subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to
terminate award)), and are incorporated by reference here.
4.Civil Rights and Nondiscrimination
The Subrecipient understands that the federal statutes and regulations
pertaining to civil rights and nondiscrimination and, in addition:
a.The Subrecipient understands that the applicable statutes pertaining to civil
rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. §
2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section
901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section
303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. The Subrecipient understands that the applicable statutes pertaining to
nondiscrimination may include section 809(c) of Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. §10228(c)); section 1407(e) of
the Victims of Crime Act of 1984 (34 U.S.C. § 20110 (e)) ; section 299A(b) of
the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. §
11182(b)); and the grant condition set out at section 40002(b)(13) of the
Violence Against Women Act (34 U.S.C. § 12291(b)(13), which will apply to
all awards made by the Office of Violence Against Women, also may apply
to an award made otherwise; and
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 5
c.The Subrecipient understands they must comply with the specific assurances
set out in 29 C.F.R. §§ 42.105 and 42.204.
5.Compliance with Applicable Rules Regarding Approval, Planning, and
Reporting of Conferences, Meetings, Trainings, and Other Events
The Subrecipient must comply with all applicable laws, regulations, policies,
and official DOJ guidance (including specific cost limits, prior approval and
reporting requirements, where applicable) governing the use of federal funds
for expenses related to conferences (as that term is defined by DOJ), including
the provision of food and/or beverages at such conferences, and costs of
attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules
applicable to this award appears in the DOJ Grants Financial Guide (currently,
as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial
Guide").
6.Compliance with General Appropriations-Law Restrictions on the Use of Federal
Funds (FY 2019)
The Subrecipient 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, 2019, are set out at
https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are
incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a
Subrecipient would or might fall within the scope of an appropriations-law
restriction, the Subrecipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
7.Reporting Potential Fraud, Waste, & Abuse
The Subrecipient must promptly refer to 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.justice.gov/hotline/contact-grants.htm (select "Submit Report Online");
(2) mail directed to: Office of the Inspector General, U.S. Department of Justice,
Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 6
20530; and/or (3) by facsimiledirected to the DOJ OIG Fraud Detection Office
(Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at
https://oig.justice.gov/hotline.
8.Restrictions and Certifications Regarding Non-Disclosure Agreements and
Related Matters
No Subrecipient under this award, or entity that receives a procurement
contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or
statement that prohibits or otherwise restricts, or purports to prohibit or restrict,
the reporting (in accordance with law) of waste, fraud, or abuse to an
investigative or law enforcement representative of a federal department or
agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency
making this award, to contravene requirements applicable to Standard Form
312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal
department or agency governing the nondisclosure of classified information.
a.In accepting this award, the Subrecipient:
o Represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict)
employees or contractors from reporting waste, fraud, or abuse as
described above; and
o Certifies that, if it learns or is notified that it is or has been requiring its
employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of
waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds, will provide prompt written notification
to the federal agency making this award, and will resume (or permit
resumption of) such obligations only if expressly authorized to do so by
that agency.
b.If the Subrecipient does or is authorized under this award to make
Subawards, procurement contracts, or both:
o It represents that (1) it has determined that no other entity that the
Subrecipient's application proposes may or will receive award funds
(whether through a Subaward, procurement contract, or subcontract
under a procurement contract) either requires or has required internal
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 7
confidentiality agreements or statements from employees or contractors
that currently prohibit or otherwise currently restrict (or purport to prohibit
or restrict) employees or contractors from reporting waste, fraud, or
abuse as described above; and (2) it has made appropriate inquiry, or
otherwise has an adequate factual basis, to support this representation;
and
o It certifies that, if it learns or is notified that any Subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been
requiring its employees or contractors to execute agreements or
statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that
entity, will provide prompt written notification to the federal agency
making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
9. Encouragement of Policies to Ban Text Messaging while Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the
Subrecipient understands that DOJ encourages Subrecipients to adopt and
enforce policies banning employees from text messaging while driving any
vehicle during the course of performing work funded by this award, and to
establish workplace safety policies and conduct education, awareness, and
other outreach to decrease crashes caused by distracted drivers.
10. OJP Training Guiding Principles
Any training or training materials that the Subrecipient develops or delivers with
OJP award funds must adhere to the OJP Training Guiding Principles for
Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-
Subgrantees.htm.
11. Requirement to report actual or imminent breach of personally identifiable
information (PII)
The Subrecipient must have written procedures in place to respond in the event
of an actual or imminent "breach" (OMB M-17-12) if it – (1) creates, collects,
uses, processes, stores, maintains, disseminates, discloses, or disposes of
"personally identifiable information (PII)" (2 CFR 200.79) 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 Subrecipient's breach
procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of
an actual breach, or the detection of an imminent breach.
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 8
12.Specific post-award approval required to use a noncompetitive approach in
any procurement contract that would exceed $250,000
The Subrecipient 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://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award
condition: Specific post-award approval required to use a noncompetitive
approach in a procurement contract (if contract would exceed $250,000)),
and are incorporated by reference here.
13.Requirement for Data on Performance and Effectiveness Under the Award
The Subrecipient must collect and maintain data that measure the
performance and effectiveness of activities under this award. The data must be
provided to OJP in the manner (including within the timeframes) specified by
OJP in the program solicitation or other applicable written guidance. Data
collection supports compliance with the Government Performance and Results
Act (GPRA) and the GPRA Modernization Act, and other applicable laws.
14.Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to
employees)
The Subrecipient must comply with, and is subject to, all applicable provisions
of 41 U.S.C. 4712, including all applicable provisions that prohibit, under
specified circumstances, discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a
federal grant, a gross waste of federal funds, an abuse of authority relating to a
federal grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal grant.
The Subrecipient also must inform its employees, in writing (and in the
predominant native language of the workforce), of employee rights and
remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712
to this award, the Subrecipient is to contact the DOJ awarding agency (OJP or
OVW, as appropriate) for guidance.
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 9
15. Victims of Crime Act Requirements
The Subrecipient must comply with the conditions of the Victims of Crime Act
(VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C.
20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and
regulations), as required.
16. Demographic Data
The Subrecipient must collect and maintain information on race, sex, national
origin, age, and disability of victims receiving assistance, where such
information is voluntarily furnished by the victim.
17. Performance Reports
The Subrecipient must submit quarterly performance reports on the
performance metrics identified by OVC, and in the manner required by OVC.
This information on the activities supported by the award funding will assist in
assessing the effects that VOCA Victim Assistance funds have had on services
to crime victims within the jurisdiction.
18. Access to Records
The Subrecipient must authorize the Office for Victims of Crime (OVC) and/or
the Office of the Chief Financial Officer (OCFO), and its representatives, access
to and the right to examine all records, books, paper, or documents related to
the VOCA grant.
19. All Subawards ("Subgrants") must have specific federal authorization
The Subrecipient 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://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition:
All Subawards ("Subgrants") must have specific federal authorization), and are
incorporated by reference here.
20. Unreasonable restrictions on competition under the award; association with
federal government
SCOPE. This condition applies with respect to any procurement of property or
services that is funded (in whole or in part) by this award regardless of the dollar
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 10
amount of the purchase or acquisition, the method of procurement, or the
nature of any legal instrument used.
a.No discrimination, in procurement transactions, against associates of the
federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set
out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and
administer[ed] in a manner so as to ensure that Federal funding is expended
and associated programs are implemented in full accordance with U.S.
statutory and public policy requirements") and 200.319(a) (generally
requiring "[a]ll procurement transactions [to] be conducted in a manner
providing full and open competition" and forbidding practices "restrictive of
competition," such as "[p]lacing unreasonable requirements on firms in order
for them to qualify to do business" and taking "[a]ny arbitrary action in the
procurement process") -- no Subrecipient may (in any procurement
transaction) discriminate against any person or entity on the basis of such
person or entity's status as an "associate of the federal government" (or on
the basis of such person or entity's status as a parent, affiliate, or subsidiary of
such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as
specifically authorized by USDOJ.
b.Monitoring
The Subrecipient's monitoring responsibilities include monitoring of
compliance with this condition.
c.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.
d.Rules of construction
1)The term "associate of the federal government" means any person or
entity engaged or employed (in the past or at present) by or on behalf of
the federal government -- as an employee, contractor or subcontractor,
grant Subrecipient or -Subrecipient, agent, or otherwise -- in undertaking
any work, project, or activity for or on behalf of (or in providing goods or
services to or on behalf of) the federal government, and includes any
applicant for such employment or engagement, and any person or entity
committed by legal instrument to undertake any such work, project, or
activity (or to provide such goods or services) in future.
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 11
2)Nothing in this condition shall be understood to authorize or require any
Subrecipient or any person or other entity, to violate any federal law,
including any applicable civil rights or nondiscrimination law.
21. 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, 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 is to benefit a set of individuals
under 18 years of age.
The Subrecipient must make determinations of suitability before certain
individuals may interact with participating minors. This requirement applies
regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.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.
22.Compliance with DOJ regulations pertaining to civil rights and
nondiscrimination – 28 C.F.R. Part 42
The Subrecipient must comply with all applicable requirements of 28 C.F.R. Part
42, specifically including any applicable requirements in Subpart E of 28 C.F.R.
Part 42 that relate to an equal employment opportunity program.
23.Compliance with DOJ regulations pertaining to civil rights and
nondiscrimination - 28 C.F.R. Part 54
The Subrecipient must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain
"education programs."
24.Compliance with DOJ regulations pertaining to civil rights and
nondiscrimination - 28 C.F.R. Part 38
The Subrecipient must comply with all applicable requirements of 28
C.F.R. Part 38 (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
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 12
Subrecipient organizations that engage in or conduct explicitly religious
activities, as well as rules and requirements that pertain to Subrecipients and
Subrecipients that are faith-based or religious organizations.
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/cgi-
bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration,
Chapter 1, Part 38, under e-CFR "current" data.
25.Restrictions on “Lobbying”
In general, as a matter of federal law, federal funds awarded by OJP may not
be used by the Subrecipient, 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 Subrecipient to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official
or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, Subgrant, contract, subcontract, or loan, or with
respect to actions such as renewing, extending, or modifying any such award.
See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception
that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a
Subrecipient would or might fall within the scope of these prohibitions, the
Subrecipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
26.Subgrant Award Report (SAR)
The Subrecipient must submit a SAR to OVC for each Subrecipient of the VOCA
victim assistance funds, within ninety (90) days of awarding funds to the
Subrecipient. Subrecipients must submit this information through the automated
system.
27.Effect of Failure to Address Audit Issues
The Subrecipient understands and agrees that the DOJ awarding agency (OJP or
OVW, as appropriate) may withhold award funds, or may impose other related
requirements, if (as determined by the DOJ awarding agency) the Subrecipient
does not satisfactorily and promptly address outstanding issues from audits required
by the Part 200 Uniform Requirements (or by the terms of this award), or other
Certification of Assurance of Compliance – VOCA Cal OES 2-104f (Rev. 1/2020) 13
outstanding issues that arise in connection with audits, investigations, or reviews of
DOJ awards.
28.Additional DOJ Awarding Agency Requirements
The Subrecipient agrees to comply with any additional requirements that may be
imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the
period of performance for this award, if the Subrecipient is designated as "high- risk"
for purposes of the DOJ high-risk grantee list.
29.Hiring Documents
The Subrecipient must keep, maintain, and preserve all documentation (such as
Form I-9s or equivalents) regarding the eligibility of employees hired using the funds.
Subrecipient: Fresno County Subaward #: HA19 02 0100
Budget Narrative – Cal OES 2-107 (Revised 3/2019)
1
Budget Narrative
In order to support the goals and objectives of providing direct services to
the Human Trafficking Advocacy (HA) Program, Fresno County Probation is
proposing a total grant application amount of $187,500 of which $150,000 is
from the California Office of Emergency Services (Cal OES) and $37,500 is the
required match from the County of Fresno.
The Fresno Probation Department proposes one (1) FTE permanent Senior
Victim Advocate, which is included in the Personal Services – Salaries/Employee
Benefits section. The salary of the position is projected at the actual Range and
Step and is subject to mid-year adjustments for the position incumbent. A
portion of the salaries of the Senior Victim Advocate will be designated to meet
the required cash match. The Senior Victim Advocate position requires
bachelor’s degree in one or more of the following disciplines: psychology,
sociology, criminology or a related field or a total of 60 semester units of
academic work and two years of experience in victim advocacy.
The Senior Victim/Witness Advocate position will maintain a caseload of
human trafficking victims, provide emergency assistance and informal
counseling in response to needs of victims, assist in relocation services as
needed, interview victims to determine eligibility for services from the Crime
Victim Assistance Center, assist crime victims with claims for financial assistance,
interpret and explain laws and regulations governing victims’ rights, the criminal
justice center, and court proceedings, conduct presentations to law
Subrecipient: Fresno County Subaward #: HA19 02 0100
Budget Narrative – Cal OES 2-107 (Revised 3/2019)
2
enforcement, schools, community and justice system agencies, victim groups,
and professional groups, prepare Victim Impact Statements for Court,
accompany crime victims and witnesses to court, provide support and
assistance during court proceedings, refer victims for psychological, physical,
medical, or social services, provide human trafficking training to less
experienced staff, and prepare correspondence to victims, state agencies, and
local agencies. One hundred percent of the Senior Victim/Witness Advocate
position is committed to providing direct services for this grant program.
The Operating Expenses include costs to provide direct services to victims
including emergency/transitional housing and emergency assistance (food,
clothing, and other items). Telephone, data processing (computer rental,
Microsoft Enterprise License, etc.) and office supplies and equipment to be used
by the Senior Victim/Witness Advocate assigned this grant are also included. In
addition, the Operating Expenses include funding for the Senior Victim/Witness
Advocate to attend trainings on Human Trafficking and provide Outreach to the
community to promote the available services (e.g. radio and television).
In order to minimize administration costs and support direct services to
victims, the implementing agency (Probation Department) absorbs operating
expenses, including, in part, liability insurance, PeopleSoft financial charges
(financial system), and costs associated with building maintenance. The
salaries of the Project Director and Financial Officer are not paid by funds from
this grant; however, they provide direct services regarding the fiscal
Subrecipient: Fresno County Subaward #: HA19 02 0100
Budget Narrative – Cal OES 2-107 (Revised 3/2019)
3
requirements of this grant. The Financial Officer reviews documents for financial
matters required by the grant, prepares the budget and any modifications,
monitors compliance with regulations and procedures mandated by the
funding source, and ensures the appropriate expenditure of grant funds.
Volunteer services will also be available to assist the victim population.
Many of the volunteers will come from Fresno State University and will likely have
a Bachelor’s degree/certificate in Victimology. In addition, volunteers may
come from other higher education institutions. The Probation Department
recruits volunteers through colleges, job fairs, community presentations and
service agencies. Volunteers are required to complete an application similar to
an employment application and agree to submit to a background check.
Cal OES Human Trafficking Advocacy Program Grant
FUND SUBCLASS ORG ACCOUNT
0001 10000 34320415 4380