HomeMy WebLinkAbout08 - Acceptance of Reimbursement Funds from the Anaheim Police Department/Orange County Human Trafficking Task ForceQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
April 28, 2020
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Jay Short, Deputy Chief, jshort@nbpd.org
PHONE: 949-644-3750
TITLE: Acceptance of Reimbursement Funds from the Anaheim Police
Department/Orange County Human Trafficking Task Force
/_1 16*1 d:7_T"
The Police Department is requesting City Council approval to accept personnel overtime
reimbursement funds from the Anaheim Police Department/Orange County Human
Trafficking Task Force (OCHTTF) in the amount of $39,869.92 and allocate the funds to
the Detective Division expenditure account.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Budget Amendment No. 20-039 for the acceptance of funds received and
posted as FY 2019-20 revenue in Account No. 01035352-431455; and
c) Appropriate funds from the Orange County Human Trafficking Task Force (OCHTTF)
in the amount of $39,869.92 for grant related services rendered by increasing
expenditure appropriations for FY 2019-20 in Account No. 01035355-713002.
FUNDING REQUIREMENTS:
The Budget Amendment increases revenue estimates in account 01035352-431455 by
$39,869.92 from the Anaheim Police Department/Orange County Human Trafficking Task
Force and $39,869.92 in increased appropriations for overtime for the Detective Division
of the Police Department (01035355-713002). This proposed amendment has no impact
on fund balance.
DISCUSSION:
The Orange County Human Trafficking Task Force (OCHTTF) is a multidisciplinary
anti-human trafficking model designed to combat human trafficking through identification,
rescue, and assistance of victims of all forms of human trafficking. The OCHTTF is a
model program relying on private sector and non-profit partnership including the Anaheim
Police Department (APD) as the lead law enforcement agency.
FX
Acceptance of Reimbursement Funds From the Anaheim Police Department/
Orange County Human Trafficking Task Force
April 28, 2020
Page 2
The task force is strengthened by partnerships with federal, state and local agencies, and
supported by many additional private sector and non-profit organizations. OCHTTF is
funded by the US Department of Justice, Office of Justice Programs FY17 Enhanced
Collaborative Model to Combat Human Trafficking Project Grant.
The Newport Beach Police Department (NBPD) has been a participating partner of the
OCHTTF since June 12, 2018, with an authorized Memorandum of Understanding (MOU)
in place. NBPD's participation on the task force included one investigator assigned to the
OCHTTF.
The reimbursement revenue is to cover investigator overtime expensed to the Detective
Division overtime account since the beginning of the Police Department's participation in
the OCHTTF.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Budget Amendment
Attachment B — MOU between Anaheim Police Department and Newport Beach Police
Department
8-2
ATTACHMENT A
47), City of Newport Beach
BUDGET AMENDMENT
2019-20 BA#: 20-039
Department: Police _
ONE TIME: 0 Yes p No
Requestor: Lisa Newman
Apprwais
Prepared by: Walid Harding
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Date
fl COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase revenue estimates and expenditure appropriations for reimbursement from the Anaheim Police ❑ from existing budget appropriations
Department per the Orange County Human Trafficking Task Force (OCHTTF) MOU. The agreement reimburses 91 from additional estimated revenues
overtime worked for detectives participating on the OCHTTF. ❑ from unappropriated fund balance
REVENUES
Fund # -JPO Object Project Descri tion Increase or (Decrease) $
010 01035352
431455 1 G2005 Pa9oe $qMort Services - Other Govt Grants $$869.92
Subtotal $39,869.92
EXPENDITURES
Fund # Org Ottect Prajed , t3&Wpfiion lnr,VOse Or (pocrease) S
410 010;WS3 b .' 13W2 G2W.5 Dt�ctives - Overtir,.re Saraty 8 V2 Tium $39.K9 92 .
SubtotalS39.Sti.i 4,
FUND BALANCE
IF Object DescripfKwi It3(]r@ qr (D crease) $
&ufrfiotaE- . _
No Change In Fund Balance
M
Attachment B
US Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
FY 17 Enhanced Collaborative Model to Combat Human Trafficldng
Memorandum of Understandin
Enhanced Model to Combat Human Trafficldng Project
Between the lead law enforcement agency,
Anaheim Police Department,
and
Newport Beach Police Department
March 2018
Introduction:
Human trafficking in California is an unsavory reality, impacted by a foreign border, international
airports, substantial shipping harbors, an internationally active entertainment industry, and the
popularity of U.S. tourism to the state. As the third largest county in California and the sixth largest in
the nation, Orange County celebrates a diverse population of over three million, with over 42 million
visitors per year per the Orange County Visitors Association. Orange County contains numerous
unincorporated areas and 34 cities; including the County Seat, Santa Ana, which has the sixth largest
Spanish-speaking population in the nation. Orange County is a prime target for traffickers given the
population density, the perceived affluence of residents, robust tourism and convention industry, along
with its nationally recognized beaches, theme parks and home to world champion professional sports
teams.
Orange County has a multidisciplinary, anti-human trafficking model designed to combat human
trafficking through identification, rescue and assisting victims of all foams of human trafficking. The
Orange County Human Trafficking Task Force (OCHTTF) is a model program relying on a public-
s
Attachment B
private sector and non-profit partnership including the Anaheim Police Department (APD) as the lead
law enforcement agency; the Orange County District Attorney's Office, which, provides both
misdemeanor and felony case vertical prosecution through its Human Exploitation and Trafficking Unit
(HEAT); and Wayfinders as the lead victim service -providing agency. The Task Force is strengthened
by partnerships with federal, state and local agencies, and supported by many additional private sector
and non-profit organizations.
Orange County is a unique model of true collaborative efforts. The OCHTTF has fostered rich
partnerships which have empowered law enforcement agencies to work across jurisdictions to ensure
successful identification and rescue of human trafficking victims and the eventual prosecution of
trafficking perpetrators.
Scope of Collaborative Relationships:
The new collaborative partnership between the APD and the Newport Beach Police Department
(NBPD) will address the four pillars of the task force goal: partnership, protection, prosecution and
prevention. The OCHTTF is a collaboration of law enforcement agencies, non-governmental
organizations, faith based organizations, and the community. The purpose of the OCHTTF is to work
together to protect victims, prosecute offenders, and prevent further perpetration of this crime in Orange
County, CA. The overall goal of the OCHTT F is to eliminate human trafficking in Orange County,
California. This task force has made a tremendous impact in addressing all types of human trafficking
cases. However, the success of the OCHTTF has highlighted the need to expand this comprehensive
and multi -disciplinary approach in the battle against human trafficking. Hence, the APD and the
Newport Beach Police Department are working closely together to combat human trafficking in Orange
County by focusing on three core objectives: identifying and quantifying the scope of the problem in
Orange County; investigating suspected incidents vigorously and effectively in order to secure the
appropriate criminal convictions for those responsible; and collaborating with local agency partners
within law enforcement, county and state government, and non-govemmental service providers to
2
8-5
Attachment B
ensure the victims of these crimes receive the wrap-around services they need to rebuild their lives and
avoid future victimization.
Period of Performance:
The term of this MOU shall commence upon its execution by the parties and shall expire when
terminated by the parties as provided herein. The terms of this MOU that deal with the US Department
of Justice, Office of Justice Programs, Bureau of Justice Assistance Grant shall expire on March 30,
2020. All regulations and special conditions set forth in attachments A and B will also expire on March
30, 2020. This MOU may be renewed on the same terms and conditions and upon mutual written
agreement among the parties based on written notification from the Anaheim Police Department.
Human Trafficking Investigations
ANAHEIM acknowledges human trafficking investigations are very complex and time consuming. Like
many other types of complex investigations, it takes time for investigators to build the skills and experience
necessary to work human trafficking cases at an optimal level. This experience and expertise is invaluable
when investigating human trafficking of minors, given they have the potential to be life cases. With this in
mind, Anaheim requests Investigators be assigned to the task force for a minimum of two years. A two year
commitment to the task force greatly benefits the investigator's time to develop experience and expertise in
the field of human trafficking, and increases the level of success of the task force.
Roles and Responsibilities of the Partners:
Newport Beach Police Department
Enhance interagency collaboration in order to identify, rescue, and assist victims of all forms of
human trafficking
:.
Attachment B
♦ Provide an investigator to work on-site at the Anaheim Police Department through the term of
this MOU.
Provide a vehicle with all necessary equipment to conduct undercover investigations, including a
minimum of blue and red front "take down" lights. Provide a department issued cellular phone for use
by their investigator and a laptop with access paid data collection sites.
+ Provide all necessary tactical and officer safety equipment for use by its investigator.
♦ Send any new investigations not related to OCHTTF investigations to Newport Beach Police
Department for approval and filing.
♦ In the case of dissimilar policies between agencies, investigators from the Newport Beach Police
Department shall follow that agency's policies (use of force, pursuit, etc.).
♦ Investigate any citizen complaints filed against members of the Newport Beach Police
Department assigned to the OCHTTF.
Work to enhance the ability of professionals and key stakeholders within the community to
better understand human trafficking and more effectively identify and serve victims.
♦ Plan investigations and prosecutions at the state and federal level.
♦ Promote greater public awareness and understanding of the nature and scope of human
trafficking.
♦ Provide high-quality and timely comprehensive services to victims of human trafficking.
♦ Abide by any confidentiality, safety and media relations agreement.
♦ Participate in program evaluation activities whenever possible.
• Make a "good faith" effort to resolve any and all program implementation challenges.
Anaheim Police Department
♦ Increase the identification of trafficking victims through proactive law enforcement, which is
victim -centered and collaborative across all levels of government.
4
8-7
Attachment B
+ Increase the capacity of law enforcement officers to recognize human trafficking and identify
victims through training and public awareness.
♦ Plan investigations prosecution at the state and federal levels.
♦ Provide desk space and computer equipment for Newport Beach Police Department.
• Provide undercover buy funds, access to a telephone, investigative tools and clerical support for
Newport Beach Police Department investigators.
+ Ensure any and all records pertaining to task force expenditures shall be readily available for
examination and audit by any participating agency.
♦ Provide access to APD direct reporting system and all reports for the Human Trafficking Task
Force will be placed into that system to remain consistent with other investigations.
♦ Any assets seized through the Asset Forfeiture Program would mirror those in narcotic cases and
would be equitably shared based on number of personnel and hours each agency contributes to the
investigation.
♦ Chain of command within the task force is an Anaheim Police Sergeant, an Irvine Police
Sergeant, the Anaheim Police Crime Suppression Section Lieutenant, the Anaheim Police Special
Enforcement Division Captain, the Anaheim Police Support Bureau Deputy Chief, and Anaheim Police
Chief.
♦ Anaheim Police Department is the lead agency for the OCHTTF, partnered with the Orange
County District Attorney's Office HEAT Unit and Wayfinders.
Compensation:
During the grant cycle, reimbursement of overtime work and travel expenses shall be upon the
submission of proper invoice, which shall be submitted to APD on a monthly basis with supporting
documents. Overtime work to be reimbursed upon invoice shall be reimbursed for services rendered by
task force members at one and one-half (1 %) time their regular hourly rate, multiplied by the number of
5
::
Attachment B
hours of service actually provided during the billing period. Overtime reimbursement will not include
any benefits or other compensation that such personnel may be entitled to as a consequence of enhanced
services rendered pursuant to this MOU.
Each month, Newport Beach Police Department shall submit an invoice to APD describing the services
performed and/or the specific task in the Scope of Services to which it relates, the date the services
performed, and the number of hours spent on all work billed on an hourly basis.
All other financial support for any regular or overtime hours worked, costs related to travel, equipment,
training, or other miscellaneous expenses will be the responsibility of the Newport Beach Police
Department.
Training
For as long as grant funds exist the task force will pay for any pimping/human trafficking training including
registration fees, transportation and lodging. All other training will be the responsibility of the respective
agency.
Liability and Insurance:
None of the parties hereto shall be liable for any bodily injury, death or damage to property proximately
resulting from the negligent, wrongful or willful acts or omission of any other party's employees in the
performance of this MOU. Each party shall be responsible for the acts, errors or omissions and conduct
of its own employees and carry sufficient insurance, including worker's compensation, to cover its
employees pursuant to its insurance requirements.
Contingency of Funds:
The parties acknowledge that funding or portions of funding for this MOU may be contingent upon
budget approval, receipt of funds from, and/or obligation of funds by local or the Office of Justice
Programs.
b
:•
Attachment B
Confidentiality:
The parties agree to maintain the confidentiality of joint and individual records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during
the term of this MOU.
Termination:
Any of the parties may terminate this MOU, with or without cause, upon 30 days' written notice given to
the other parties.
Notice:
Any notice required to be given under this MOU shall be in writing and addressed as follows:
Notice to Anaheim Police Department:
Crime Suppression Section Lieutenant
Special Enforcement Division
Anaheim Police Department
425 S. Harbor Boulevard
Anaheim, CA 92805
Notice to Newport Beach Police Department:
Detective Division Lieutenant
870 Santa Barbara Drive
Newport Beach, CA 92660
Notice required by this Agreement shall be effective when deposited in the United States mail, fust class
postage prepaid.
Alteration of Terms:
This MOU fully expresses all understanding of the parties, and is the total agreement between the
parties as to the subject matter of this MOU. No addition to, or alteration of the terms of this MOU by
the parties, whether written or verbal, shall be valid unless made in the form of a written amendment to
this MOU, which is formally approved and executed by the parties.
Commitment:
8-10
Attachment B
The partnering agencies have already established institutional integrity amongst the community they
serve and expertise in their agency roles; carefully structuring new programs and projects will only help
to fill gaps in the county rather than duplicate services. The history of our respected relationships with
each other as law enforcement serves as a demonstration of the commitment on the part of both project
partners to work together to achieve the following goals: 1) Conduct proactive investigations of sex
trafficking and labor trafficking crimes within Orange County and to support the prosecution of such
crimes on state and federal levels, 2) Increase the identification of all forms of human trafficking within
Orange County, 3) Offer a comprehensive array of restorative services to victims of all types of human
trafficking victimized in and/or living in Orange County, and 4) Enhance community capacity to
identify and report trafficking crimes.
We, the undersigned, hereby affirm our commitment to work closely, through planned active
coordination, to identify victims and combat all forms of trafficking occurring within Orange County.
Signed,
JON . LEWIS
Chief of Police
Newport Beach Police Department
DUNS #083153247
Anaheim Police Department
DUNS # 060752482
Date: 116-111-7 1
Date: J.e-1',E- t 7, U/16
Attachments: Exhibit A – Federal Regulations
Exhibit B – Award Letter and Special Conditions
my Clorx
{tFOQ. k�
APPROVED AS TO FORM:
CITY ATTONNEY'S OFFICE
Dats. '
Aaron C. Harp City Attomeyi
8-11
Attachment B
Exhibit A — Federal Regulations
a. Federal Regulations — Recipient must comply with the government cost principles,
uniform administrative requirements and audit requirements for federal grant program housed within Title
2, Part 200 of the Code of Federal Regulations.
b- Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2
CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud,
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the
Federal government.
C. Audit Records - With respect to all matters covered by this agreement all records shall be
made available for audit and inspection by CITY, the grant agency and/or their duly authorized
representatives for a period of three (3) years from the date of submission of the final expenditure report
by the City of Anaheim. For a period of three years after final delivery hereunder or until all claims
related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all
documents, papers and records relevant to the services provided in accordance with this Agreement,
including the Attachments hereto. For the same time period, Recipient shall make said documents, papers
and records available to City and the agency from which City received grant funds or their duly
authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises
of Recipient, upon request during usual working hours.
d. Recipient shall provide to City all records and information requested by City for inclusion
in quarterly reports and such other reports or records as City may be required to provide to the agency from
which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act o 3 'ca - All recipients of federal
funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal
funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified
handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the
benefits of or be subject to discrimination, including discrimination in employment, in any program or
activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that
requirements of The Act shall be included in the agreements with and be binding on all of its contractors,
subcontractors, assignees or successors.
f. Aims -'_b alis with Disabilities Act of 1990 - (ADA) Recipient must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity - None of the funds, materials, property, or services provided directly or
indirectly under this agreement shall be used for any partisan political activity, or to further the election or
defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying- Recipient will comply with all applicable lobbying prohibitions and laws,
including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that
none of the funds provided under this award may be expended by the Recipient to pay any person to
influence, or attempt 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 any federal action
concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
1. Non -Discrimination and Fquas10 wortunity - Recipient will comply, and all its contractors
(or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of
8-12
Attachment B
the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act
(ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as
amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the
Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended;
Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a
Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will,
in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of
Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in
accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
k. Recipient will comply, and all its contractors (or subrecipients) will comply, with
all requirements of the California Public Contract Code Section 10295.3, as applicable.
1. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Copeland "Anti -Kickback" Act (30 U.S.C. 3145) as supplemented
in Department of Labor regulations (29 CFR Part 3), as applicable.
in. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
n. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor
regulations (29 CFR Part 5), as applicable.
o. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C.
7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
applicable.
P. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as
applicable.
q. Recipient will comply, and all its contractors (or subrecipients) will comply, with
all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as applicable.
8-13
Attachment B
r. Recipient agrees that the Department of Homeland Security shall have the
authority to seek patent rights for any process, product, invention or discovery developed and
paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and
any other implementing regulations, as applicable.
S. Recipient may copyright any books, publications or other copyrightable materials
developed in the course of or under this Agreement. However, the federal awarding agency,
State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support
through this grant. The Federal government's, SAA's and City's rights identified
above must be conveyed to the publisher and the language of the publisher's release
form must ensure the preservation of these rights.
t. Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b)
in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any
construction contract thereunder, if applicable, during the performance of this contract, the
contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
WMJ
Attachment B
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the
contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance.
116664
8-15
Attachment B
U.S. Department o0usHce
Offi" of lustka Programs
► Bureau of Juodee Assistance Cooperative Agreement PAGE 1 OR ll:
1. RECIPIENT NAME AND ADDRESS (I=hktiag Zip Codd) 4. A WARD NUMBER: 2017-'vT-BX-K027
Ctq ofAwhein
200 South Ambdm Bo¢Levud 7th Flom S. PROJECT FMOD-. FROM 1010[!2017 TO 09(3aWM
A --h,4,- CA 92805
BUDGET PERlOD:FROM 10AL7017 TO 0913=020
6. AWARD DATE 09(29(!017 7. ACTION
2s GRANTEE IRSIVENDOR NO. I. SUPPLEMENT NUMBER bw4
956000662 Cti
2h GRANTEE DUNS NO.
613662766 9. PREVIOUS AWARD AMOUNT � P
3.PR0JECTTITLE ,
Orale Cmuy Hum= Trs®ddol Tuk Pore ICL AMOUYT OF TTQS AWARD 1900,000
11. TOTAL AWARD 1900,000
12. SPECIALCONDITIONS
TIM ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This F6W is =Mw$cd under 22 U.S.C. 7105 (b)(2)(A)
U . CATALOG OP DOMESTIC FEDERAL ASSISTANCE (CFDA Namhz)
16.320 - SaAm for Trsffiddog Vicds
I S. METROD OF PAYMENT
GPRS
AGENCY APPROVAL
GRAMM ACCEPTANCE
16. TYPED NAME AND TALE OF APPROVING OFFICIAL
IS TYPED NAAM AND TITLE OF AUTHORIZED ORANTEE OFf1C1AL
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17. SIGNATURE OF APPROVING OFFICIAL.
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
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AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
21. SVTUGTM?9
FISCAL FUND BUD. DLV.
YEAR CODE ACT. OFC. REO. SUB. POMS AMOUNT
I N Y7 for Uc M f�r.-X-:
DIP FORM 40001E (REV. 5.87) PREVIOUS EDITIONS ARE OBSOLEIT
OJP FORM 40009 (REV. 4.88)
8-16
Attachment B
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2017 -VT -BX -K027
AWARD CONTINUATION
SFIEET
Cooperative Agreement
AWARD DAIS 09rMO17
SPECIAL CONDI77ONS
1. Requirements of the award, remedies for non-compliance or for materially false statements
PAOL 2 OF 14
The conditions of this award we material requirmnema of the award. Compliance with any certifications o: assurances
submitted by or on bea& ofthe roeipirat that relate to conduct during the period of performance also is a material
requiremeatoftbis award -
Failure to comply with any one or more of Ihesc award requirements -- whether a condition set out in full below, a
condition incorporated by reference below. or a certification or assurance related to conduct during the award period --
may mull in the Office of Justice Programs ("OJP") uddng appropriate action with respect to the recipient and the
award. Among other things, the OR may withhold award funds, disallow costs, or suspend or terminate the award.
Ilia Department of Justice ("DOJ"), including OR. 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 s*ea ofcaiminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 42 U.S.C. 3795x), and also may )rad to imposition of eivd penalties and administrative remedies for false claims
or otherwise (including mrder 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held toile invalid or unenforceable by its terms, that provision
shall Brat be applied with a limited construction aro as to give it the maximum effect permivad by law. Should it be
held, instead, that the provision is utterly invalid or-w=forccablo, such provision shall be deemed severable from this
award.
2. Applicability of Pert 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Pert 200, as adopted
and supplemented by DOJ in 2 C.F.R. Prat 2800 (together. the "Part 200 Uniform Requirements) apply to this FY
2017 award from OJP.
The Pmt 200 Uniform Requirements were fust adopted by DOJ on December 26, 2014. If thi8 FY 2017 award
supplements funds previously awarded by ON uteri the same award number (e g., finds awarded during or before
December 2014), the Pmt 200 Uniform Requirsmem apply with respect to all funds under thM award number
(regardless ofthe award date, and regardless of whelber derived from the initial award or a supplemental award) that
am obligated on or after the awe date of this FY 2017 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("Mftrants"), ane the OJP website at httpsJ/ojp.gov/fundinW?wi200UmfonuRequiramtm Dm.
In the event that an award -related question antes fiom doarments or other materials prepared or dism� by OIP
that may appeer to conflict with, or differ in some way from, the provisions o f the Part 200 Uniform Requirements, the
Incipient is to contact OR promptly for clarification
3. Compliance with DOJ Greats Financial Guide
The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP websito (currently, the "2015
DOJ Grams Financial Guide" available at ht4*:I/ojp.gov/finmcialguide/DOJfm dox.htm), including any updated version
that may be posted during the period ofperfotmsoce.
OJ? FORM 40062 (REV. 4.98)
8-17
Attachment B
U.S. Department ofJusticc
Office of Justice Programs
i
wh Bureau of Justice Assistance
PROMCTMNBER 2017 -YC -BX -K027
AWARD CONTINUATION
SHEET
Cooperative Agreement
AWARD DATE 09f29f2017
Sv�xal, _i �N Cf I rA
4_ Required training for Point ofCDntw and all Financial Points of Contact
PAGE 3 OF 14
Both the Poiret of Comnd (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed = "OJP financial management and grant administration training" by 120 days after the date of the
r ciplaWs acceptance of the award Snecessfid completion of each a training on or after January 1. 2015, will satisfy
this condition.
In the event that either the POC or an FPLC for this award changes doitlg tho period of performance, the new POC or
FPOC mast have sinfully, comp)oted an I'M financial management and grant bion training" by 120
calendar days after—(1) the date ofOJP's approval ofthe'Chimp Grantee Contact" GAN (in the case of a now
POC), or (2) the data the POC enters information on the new FPOC in OMS (in the case of a new FPOC). SucccW l
completion of such a training on or after January 1, 2015, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes ofthis condition is available at haps://www.ojp.govhmkinefinU.htm All tminings that satisfy this condition
include a session on grant Saud prevention and detection.
lite recipient should anticipate that OJP will immediately withhold (°Erose award funds if the recipient fail+ to
oompdy with this condition 'ilia recipient's failure to comply also may lead OJP to impost additional q Vropriate
conditions nn this award.
5. Roquitemems related to "de mimmis' indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to ase the "de minimis'
indirect tort rate described in 2 C.F.R. 20DA 14(1), and that elects to use the Ode minimi+" indirect cost rwe, mast advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. 'ILe'de mWmis' rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
6. Requirement to reportpotcndally duplicative fining
If the recipient curreatly has other active awards of federal funds, or if the recipient receives any other award of federal
Rinds during the period ofperformance for this award, the recipient promptly meat determine whether bunds from tray
of arose otber federal awards have been, aro being, or are to be used (in whole or in part) for one or more of tho
identical cost items for which firods are provided under this award. tf so. the recipient must promptly notify the DOl
awarding agency (OJP or OVW, as uvwt primo) 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 acjiustment notice (GAN) to
eliminate any inappropriate duplication of funding.
OIP FORM 40ODa (REV. 4.98)
a-,
8-18
Attachment B
�- U.S. Departmentofhrstice
� } k Office of justice Programs
Bureau Of Justice Assistance
PROJECT NUMBER 2x17-VT.BX-X027
AWARD CONTINUATION
SHEET PAaE 4 or 14
Cooperative Agreement
AWARD DATE tYN M17
SPECIAL COND1I70NS
7. Requirememn related to System for Award Management and Universal Identifier Requirements
The recipient mmt comply with applicable requirements regarding the System for Award Management (SAM),
currently acasslble at https://www.sam gov/. This includes applicable requirements regarding registration with SAM,
av well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrietiom on subawards ("subgrants') to fust -tier subrecipiems
(first-tier'subgrantees' ). including reahietions on subawards to entities that do not acquire end provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient)& obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at huW/ojp.gov/funding/Explorc/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), end am incorporated by reference hem.
This condition does not apply to an award to an individual who received the award as a ntwtral person (i.e., unrelated to
any business or non-profit organization that be or she may own or operate in his or her name).
8. All subawards ("subgmnts") must have qx cifc federal authorization
The recipient, and any subtecipimt ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any gubaward. This condition applies to agreemcom that —for purposes of federal grants
administrative requirements — 01P considers a "gubaward" (and therefore does not consider a procurement
"contract').
The details of the requitement for authorization of any subaward aro posted on the OR web site at
hnpsJ/ojp.gov/RuW!n&fExplore/SubawardAutbodzagonlitm (Award condition: All subawards (°subgrants`) must have
specific federal mnhorizadon), and arc incorporated by reference here.
` Specific post -award approval required to use it noncompetitive approach in any procurement contract that would
exceed S150,000
Tice recipient, and any subrecipieni ("subgrtmteel) at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in Bay procurement contract that Would exceed the
Simplified Acquisition 11tteshold (currently, $150,000). This condition applies to agreements that — for purposes of
federal giants administrative requirements — 01P considers a procurement "contract" (Bad thcrefore does not consider
a subaward).
Tho details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an O1P award are posted on the OR web site at httpS://ojp.goy/fundinglaplare/NoncompetitivePrGM=McathtM
(Award condition Specific pr,:et. ,-,, Lid B!jprgval required to use a noncompetitive approach in a procurement contract
(ifwnttact would exceed SISD,fr00)), e-,! art incorporated by reference here.
OIP rO"i 4DM (REV. 4-89; 1 '— "
8-19
Attachment B
U.S. Department of fustic e
Office of Justice Programs
s, Bureau of Justice Assistance
PROIEUNUMBER 2017-Vr-BX-K027
AWARD CONTINUATION
Sii3. T
Cooperative Agreement
rs WAADDAT1: OPA* 017
SPECUL CONDMOM
7AEM 5 of It
10. Requirements pertaining to prohibited conduct related to trafficking io prions (including reporting requirements and
OR authority to terminate award)
The recipient, and any subrecipient ('subgrant-1) at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the ttaffic]zitg of persons, whether on the
pmt of recipients, subrucipieras (^subgraur ") or individuals defined (for purposes of tbis condition) as'e mployecs•
of the recipient or of any subrocipient
The details of the rccipicufs obligations related to prohibited conduct related to trafficking in persons are posted on the
OR web site at https://ojp.gov/kndmg/EV]ordPmh+lhedCoodu t-Tnd ickiagltm (Award condition: Prohibited
conduct by recipients and subrx cats rda ct! to tra6t king in persons (including reporting regnfraaents and OJP
authority to terminate award)), and are incorporated by reference here.
It. Compliance with applicable rules regarding approval, planning, and reporting of onferences, meetings, trainings, and
other events
The recipiout, mad any sabrecipient ('subgrsnW) at any tier, most comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cast limits, prior approval and reporting regtrinments, where
opplicabho) governing the nese of federal funds for epensem related to ocafcronoes (as that term is defined by DOJ),
including the provision of food emd/or beverages at such conferzace% and costa of attendance at aitch conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial
Guide').
12. Requirement for data on performance and effcctivrness under the award
The recipient must collect and maintain data that measure the performance and effativencss of work under this award-
The
wardThe data must be provided to OR 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
Perfor»Lr and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable law&
13. OR Training Guiding Principles
Any training or training materials that the recipient — ar any suinecipient ("subgrantee") at any tier -- develops or
delivers with GJP award funds mast adhere to the OR Training Guiding Principles for Grantees and Subgrmntees,
available at httpsJ/ojp.gov/fimding/ciptaininggwdingpdwipks.htm.
14. Effect of failuro to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OV W, as appropriate) may withhold
award fu,4, tie may rmpete otkurx wl-Lal requirements, if (as determined by the DOJ awarding agency) the recipient
duo hot c -L&. Writy rLM l irmprly xddrz;4 outsMading issues from audita 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.
15. 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 OV W, as appropriate) during the period ofpaformance for this award, if the recipient is designated as 'high-
rfsk" for purposes of the DOJ high-risk grantee list
OJP FORM 40002 (HBV. 4-89)
8-20
Attachment B
U.S. Department of Justice
Office of Justice Programs
C111- Bureau of 3ustlee Assistance
PROJEM-UUMER 2017-VT-BX-YOV
AWARD CONTINUATION
SPLET
Cooperative Agreement
AWA HU Dh 11: 0:.3i -;'J
SPECUL CONDITIONS
LG. Compliance with DO) regulations partahft to civil rights and nondiscrimination - 28 C.F.R Part 42
PAGE 6 OF 14
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable roquitements of 28
C.F.R. Part 47, specifically including any applicable requirements in Subpart E of 28 CY R Part 42 that relate to an
equal empl4rncM opportunity program.
17. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R Part 54
The recipient, and any subrecipieat ("subgrantee") al any der, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to mndisaiminadon on the basis of sex in certain "education programs,"
l8. Compliance with DOJ regulations pertaining to civil rights sud nondiscrimination - 28 C.F.R Part 38
The recipient, and any subrecipieat ("subgraated) at my der, must comply with all applicable requirements of 28
C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries mid
prospective program beneficiaries. Part 38 of 28 C.F.R., a DO] regulation, was amended effective May 4, 2016.
Among otherthings, 28 C.F.R. Part 38 includes ntles that prohibit speoifie forms of discriminndon on the basis of
religion, a religious belief, a tefinal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also ads out rules and rNuiremann that porta to recipient and subrocipient ("subgrantee) orgambtatioas that
engage in or conduct explicitly religious activides, as well as rules and requirements Owl pertain to recipients and
sabrecipients that are faith -basad or religious organhations.
The text of the regulation, now entitled 'Partnerships with Faith -Based and Other Neighborhood Organizations," is
evadable via the E]eetronio Code of Federal Regulation (currently acceasrble at http3J/www.w.fr.goy/cgi-
bin/ECFR?pageFbrowse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR 'currem"
ekn
19, 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
subtecipicnt ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modifecatinn, or adoption of any law, regulation, or policy, at any level of government Sec 18 U.S.C. 1913. (There
may be oweptions if an applicable federal statute specifically authorizes cert® activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal fiords awarded by OJP from being used by the recipient, or any
sttbreeipient at any tier, to pay any person to influence, (or attempt to iuflu=) 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
coopaativc agmamont, subgrant, contract, suboontrvA or loan, or with respect to actions such as renewing, extolling,
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 whetter a particular use of foderal funds by a recipient (or &J=ipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OR for gtddance, and may not proceed without the
express prior written approval ofOJP.
OJP FORM 4000!2 (REV. 438)
8-21
Attachment B
n1 U.S. Department of Justice
(t .
- Office of Justice Programs
Bureau of Justice Assistance
PROJECTNLIML-t 2017.V'r. X•K027
AWARD CONTINUATION
SHEET PAGE 7 OF 14
Cooperative Agreement
AwARDDAIE 09!29.2017
SPECIAL CONDITIONS
7.0 Compliance with genual appropriations -law restrictiomt on the use of federal finds (FY 2017)
The recipient, and any subrecipiem ("subgrantee) at any tier, must comply witb all applicable astrictions oa the use of
federal funds set out In federal appropriations statutes. Pertinrnt restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2017, am act out at
bttpsJ/ojp.gov/fimdin&/ pion/FYI 7AppropristioasRestrictiots.1ttoa, and are incorporated by referecee hese.
Should a question arise as to wbother a particular use of federal fiords by a recipient (or a subrecipiettt) would or might
fall within the scope of en appropriations -law restriction, the recipient is to contact OJP for guidance, and may mt
proceed without the cgxim prior written approval of OJP.
21. Reporting potential fraud, waste, and abuse, and similar misconduct
Ther recipient, and any aubrccipients ("subgn"=') at any tier, must promptly refs to the DOJ Office of the Inspector
General (OIG) any credible evidence that a principal, employee, agent, snbrecipiemt, contractor, subcontractor, or other
person has, in connection with Grads under this award— (1) submitted a claim that violates the False Claims Act; or (2)
viol
committed a criminal or civil ation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
rniaenaduct.
Potential fim4 waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
010 by— (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, htvestigations Division,
950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig hotlinc@usdoj.gm,, andlot (3)
the DOJ 01G hotline: (contact information in Ugliah and Spanisb) at (800) 869.4499 (phone) or (202) 616-9881
(fax).
Additional information is available from the DOJ 010 website at https://www.usdoj.gov/oig.
O1P FORM 40002 (REV. 4.66)
8-22
Attachment B
U.S. Department of Justice
1 Office of Justice Programs
3 w } Bureau of Justice Assiatlance
PROIECTNMOER 2017-VT-BX-KO27
AWARD CONTINUATION
SHEET
Cooperative Agreement
AWARD DATE OVM2017
SPECIAL CONDMONS
22. Restrictions and certifications regarding non -disclosure egre meats and related matters
PAGE 8 OF 14
No recipient or subrecipiant ("subgrantee) wider this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee orcontractor to sign an imemal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
acoordance with law) of waste, Gaud, or abuse to an investigative or law enforcement representative oft fatrzal
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 chsaified information), Form 4414 (which relates to
sensitive compartmented information), or any other foci issued by a federal department or agency governing the
nondisclosure of classified information.
1. In a=ptiog this award, the recipient—
a. represents tbat it neither requires nor has required internal confidentiality agreements or statement fiom a rnploym
or contractors that currently probibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fiaud, or abase as de= -bed above; and
b. certifies thal, if it learns or is notified that it is or leas been requiring its employees or contractors to execute
agrecmarts or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, Gaud,
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 oi) such
obligations only if expressly authorized to do so by that agency.
2. iftho recipient docs 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
(whaber through a subaward (subgrawl"), proourunent contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractots that currently
prohibit or otherwiso currently restrict (or purport to prohibit or restrict) employees or contractors from repotting waste,
fraud, or abuse as described above and
(2) it has made appropriate inquiry, or otherwise has an adaMte factual basis, to support this representation; and
b. it artifics that, if it teams or is notified that any n brecipiemt, contractor, or subconttactar entity that receives funds
ride thus award is or has been requiring its emtployeea or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or rtstrict), reporting of waslr:, fraud, or abuse as deactibed above, it will
immediately stop any further obligations of award fonds to or by that entity, will provide prompt written notification to
the federal agency y making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
aP FORM 4OM-2 (REV. 4-8e)
SGL_
8-23
Attachment B
* U.S. Department of Justice
Office of Justice Programs
° I Bureau of Justice Assistance
PROrEtTNUMM 2a17•VT•BX•KO27
AWARD CONTINUATION
SHP, '
Cooperative Agreement
,mwARPDATF K7. L-'ai7
SPECLIL CONDITIONS
23. Compliance with 41 U_S.C. 4712 (including proldbitions on reprisal; notice to employees)
a6{rt 9 Or 14
The recipient (and any mAxecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that probibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of infarnatio n related to gross mismanagement of a federal grant, a
gross waste of federal finds, an abuse of authority relating to a federal grant, a substantial and specific da mger to public
health or safely, 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 predominmt native language of the workforce), of
employee rigids and remedies under 41 U.S.C. 4712.
Sbould 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 OV W, as appropriate) for guidance.
24. Encoumgemcni of policies to ban tela messaging while driving
Parmant to Executive Order 13513, 'Federal leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and whrecipiants ("subganteesl) to adopt and enforce policies
banning cnoployees from text magaging whilo driving any vehicle during the count of performing work funded by this
award, and to esmblish workplace safety policies and conduct education, awsrearsa, and other outreach to decrease
crashes cawed by distracted drivers.
25. Requilemcot to disclose whether recipient is designated "highrisk" by a federal grant -making agency outside of DOJ
if the recipient b designated "high risk" by a federal grant -making agency outside of DOJ, currently or at ally time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
Mbnnation to OJP by email at OJP.ComplianoeReportke@ojp.usdoj.gov. For purposes of this disoMsnro, 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 higb risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
coral address), and 4. The reasons for the high-risk status, as sat out by the federal awarding agency.
IL Grant finds may be used only for the purposes in the recipient's approved application. The recipient shall not
undertake any work or activities that are not described in mho grant application, and that use staff, equipment, or other
goods or services paid for with OR grant funds, without prior written approval from OJP.
27. The Project Director and key program personnel designated in the application shall be replaced only for compelling
reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of
appropriate information, including, but not limited to, a resume. OR will not unreasonably withhold approval.
changes in other program per can el require only notification to OJP and atubmission of resumes, unless otherwise
designated in the award document.
b Applicants must cutify that Limited Foolish Proficiency persons have meaningful access to the services under this
program(,). National origin discrimination includes discrimination on tho bans of limited English proMoncy (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 email providing language
assistance serdom including oral and written translation when necessary. Thee U.S. Department of Justice has issued
guidance for gramom to help them comply with Title VI requirements. The guidance document can be accessed on the
Internet at www.lcp.gov.
r
I .
OJP FORM 4000/2 (REV, 441)
8-24
Attachment B
U.S. Department of Justice
Office of Justice Programs
j Bureau of Justice Assistance
FROJECrNINMER 20174T. i741(or
AWARD CONTINUATION
SHEET
Cooperative Agreement
AWARD DATE 09R9aOi7
SPECLt L CONDMONS
tiorrrattMEaet
'29. The grantee understands and agrocs that, with respect to the provision of servicts or benefits to a specific population,
any individual who is otherwise eligible to participate in any program or activity supported by any of these grant funds
shall be provided with such services or benefits as funded under this award, without regard to res, color, religion,
national origin, or sea. With respect to a single -sax program or activity, unless tbere is legal authority for the
occlusivity, the recipient agrees to identify and refer the excluded individuals to, or provide them with, a comparable
alternative program or service.
30 Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that
act applicable to collection, rue, and revelation of data or information. Grantee farther agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 2223.
I Grant= agrees to comply with the requirememi of 28 C.F.R. Part46 and all Office of Justice Program~ policies and
procedures regarding the protection of human research subjects, including obta mnent of institutional Review Board
approval, ff appropriato, and subject informed consent.
�2 The recipient agrees to cooperate with any assessments, national evaluadnn 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.
33 Approval of this award does not indicate approval of any consultant rate in excess of 5650 per day. A detailed
josti&cation must be submittal to and approved by the Office of htstia Programs (OJP) program office prior to
obligation or expenditure of such fimds.
?., The value or amount of any "ton -federal share," 'matcb " or cost-sharing contribution incorporated into the OJP
OM -approved budget for this award is part of the "project cost" for purposes ofthe Part 200 Uniform Requirements,
and is subject to audit In general, the rules and restrictions that apply to award funds from federal sources also apply
to fiends in the QW -approved budget that mo provided as "match" or through "cost sharing."
35. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payablo to a member of the
federal government% Senior Executive Service (SFS) at an agency with a Certified SES Perfnnoa= Appraisal System
for that year. (An award reciplatt may compomste an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal fiends.)
Tbia limitation on compensation rates allowable under this award may be waived on an individual basis at the
dlsetedon of the OR official indicated in the program announcement under which this award is mads
36. Reprnrntation and agreement regarding finds in offshore accounts
In accepting this award, the recipient nonprofit organization —
(1) represents to the Department of Justice that it does not hold money in onshore accounts for the purpose of avokft
paying the tax described in 26 U.S.C. 511(a), and agrees that it will not hold money in any such accounts for such a
purpose during the period of parRmntmce of this award; and
(2) agrees that, if, daring the period of performance of this award, the recipient learns that it does hold muncy in
offshore accounts for such a purpose, it wall immediately stop any fittther obligations of award funds, it will provide
prompt written notification to OJP, and w0l resume (or permit res-umption of) such obligations only if expressly
authorized to do so by OJP.
oJP FORM 40M (REV. 448)
-C,
8-25
Attachment B
U.S. Department of.lustiee
Office of Justice Programs
Bureau of Justice Assist"ce
PROJECFNUMBER 2017-Vr-BX-XO 7
AWARD CONTINUATION
SHEET
Cooperative Agreement
AWARD DATE 09MV2017
SPECIAL CONDITIONS
37. No federal funds shall be used to pay for any part of air travel that includes business or first class seating except as
authori2ed for government travel (as described in OMB Circular A-122) and authorized by the grant manager prior to
booking such tickers.
3� The recipient agrees to submit a fins] report at the end of this award documenting all relevant project activities during
the entire period of support under this award. Ibis report will include detailed information about the pmjcct(s) funded,
including, but not limited to, information about how the funds were actually used for each purpose area, data to support
shnetnents of progress, and data concerning individual results and outcomes of fimdm projuu reflecting project
sucrases and impacts.. 'Ihe final report is due m later than 90 days following the close of this award period or the
expiration of any extension periods. This report %V be submitted to the Office of lustice Programa, on-line through
the Internet at hMs://gmnts.oipms&j.gov/.
39. the recipieat agrees that it will submit quarterly financial stars reports to OJP on -lint (at https!/graats.ojp.i s&j.gov)
using the SF 425 Federal Financial Report form (available for vicwing at
www.wbiteboumgov/omb/gmaWsWndarq_furms/ff_rcpoft4xM. not later than 30 days after the and of each calendar
quarter. The final report shall be submitted not later than 90 days following the std of the award period
40. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days aftertho and
of the reporting periods, which are June 30 and De amber 31, for the life of the award These reports will be suhmitted
to the Office of i=icc Programs, on-line thmugb the fauna at httpsl/grants.ojp.us&j.gov/.
OJP FORJ.t 40M (REV. 4-H)
8-26
Attachment B
U.S. Departrmemt o0ustice
Office of Programs AWARD CONTINUATTON
Bureau 0f Justice Assistance SaL l PAGE 12 OF 14
4 4
Cooperative Agreement
PROJEUNUMBER 2017-Vr-BX.Ko27 A%k'&-IUAI tL
I
&PECUL COrvDMOM
41. Within 45 cateldar days afterthe end of any conference. mectin& retreat, seminar. symposium. training activity, or
similar event funded under this award, and the total cosi of which exceeds $20.000 in award funds, the recipient must
provide the program manager with the following information and item tcd costs:
1) name of event;
2) event dates;
3) location of event;
4) number of federal atteadeea;
5) number of ran -federal attimdees;
6) con of event space, inchuding rooms for brsak-out sessions;
7) costs of audio visual services;
8) other equil hent costs (c.g., computer Pets, telephone fees);
9) costs of printing and distriNaion;
10) costs of meals provided during the event;
1 l) costs of refreshments provided during the even:
12) coats of event planner,
13) costs of evem facilitators; and
14) any other costs associated with the event
'!be recipient mast also itemize and report any of the following attendee (including participants, presenters, speakers)
costs that are paid or reimbursed with cooperative agrmnent funds:
1) meals and incidental expenses (M&IE portion of per diem);
2) lodging;
3) transportation to/from, event location (e.g., common carrier, Privately Owned Vehicle (POV)); and,
4) local traraportation (e.g., rental car, PON) at went location
Note that if any item is paid for with registration fees, or arty other non -award Ponding, then than portion of the expense
does not need to be rq)orted.
Further instructions regarding the submission of this data, and how to determine costs, are available in the OR
Financial Guide Conference Cost Chapter.
4
l
07P FORM 4000'2 (REV. 448) I
4 '
8-27
Attachment B
_ U.S. Department of Justice
Office of Justice Programs
# Bureau of Justice Assistance
4r
PROJECT NUMBER 2017 -VT -RX -K027
AWARD CONTINUATION
MEET
Cooperative Agreement
AWARD DATE dC1IM0
SPECM CONDMONS
F4raG is of 14
-I? Recipient integrity and pedbrau nca 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 iaformation on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this OR award or
any other grant, cooperative agreement, or procurement. contract from the federal govt mneat. Under certain
circumstances, recipients of OJP awards are required to report information about tush proceedings, through the federal
System for Award Management (known as 'SAM'), to the designated fodc ral integrity and performance avatem
(currently, TAPIIS").
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 bitps://ojp.gov/func)mg/FAPUSI tar (Award condition:
Redpi= Integrity and Perliumm= Matters, including Recipient Reporting to FAPIIS). and ars mcotporaW by
reference here.
43. The recipient must comply with applicable rexluiremeats to report fast -tier subawards ('subganta' of $25,000 or
more and, in certain ch-umztances, to report the names and total compensation of the five most highly compensated
executives of tbo recipient and first-tier sabrodpients (first-tier"subgmnh:wI) ofaward funds. The dwils of recipieat
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OR web sitz at bttpoJ/ojp.gov/RmdingrExplomWATA.htm (Award condition: Reporting Subawards and
Exocutive Compensation), and are incorporated by referexx here.
This condition, including its reporting requirement, does not apply to an award mads 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).
'
1. The recipient is authorized to incur obligations, expend, and draw down funds for travel, lodging, and per diem costs
only, in an amount not to exceed S15,000, for the sole purpose of attending a required OR conference associated with
this grant award. The grantee is not authorized to incur any additional obligations, or make any additional expenditures
or draw downs until the awarding agency and the Office of the Chief Financial Officer (OCFO) bus reviewed and
appmved tho recipieru's budget arra budget narradve, and a Grant Adjustment Notice (GAN) has beau issacd to remove
this special condition.
45. All program authority and responsibility inherent in the Federal stewardship role shall remain with the Bureau of
Justice Assistance (BTA). WA will work in conjmrction with the recipient to routinely tsvdew and refine the work plan
so that the program's goals and objectives con be effectively accomplished BJA will monitor the project on a
continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction, in
consultation with the recipient, as needed.
The recipient agrees to participate in BJA-sponsored training events, leclutical =ristnuce events, or contestees hell
by BJA or its designees, upon BJA's request
ON FORM 40DW (REV. 4-88)
C�
8-28
Attachment B
U.S. Department ofJusticc
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE w OF u
Cooperative Agreement
MCU CTNUMM 7017-Vr-BX-K027 AWARDDATE rr Y'h7,orr
SPECAL CONDMONS
47. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications,
reports, or any other written materials that will be published, including web -based materials and web site content,
through funds hum this grant at least thirty (30) woridng days prior to the targeted disaczninedion date. Any writtes,,
visual, or audio publicatiom with the exception of press releases, whether publiabod at the grantee's or goveramcds
expense, shall contain the following statements: 'This project was supported by Graut No. 2017-Vf-BX-K027
awarded by the Bur -sou of Justice Assist®ce. The Bureau of Justice Assistance is a component of the Depatmeat of
Justice's Office of Justice Programs, which also includes the Bureau of Jostice Statistics, the National Institute of
Justice, the Office of Juvenile Justice and Delinquency Preveatian, the Office for Victims of grime, and the SMART
Office. Points of view or opinions in this document am thoso of the author and do not neceaun7y represent the official
position or policies ofthe U.S. Depannumt of Justice." The current edition of the DOJ Grants Financial Guide provides
guidance on allowable printing and publication activities.
48. The recipient may not obligate, expend, or draw down sixty percent (60%) of the frdud funds provided under this
award until the recipient submits to the awarding agency n signed task force Memorandum of Unde+smndmg (MOU)
that has been signed by all required members of the taint force and approved by the awarding agency, and a Grant
Adjustment Notice (GAN) has been issued to remove this special condition. The recipient must submit the MOU
within six months oftbe dale that it accepts this award-
OR
ward
OR FORM 4OOM (REV. 4-U)
8-29