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Resolution No. 09949 ~ i ~ - 1 RESOLUTION NO. 9.949 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE CITY'S 4 PARTICIPATION IN THE EDWARD BYRNE MEMORIAL JUSTICE 5 ASSISTANCE GRANT PROGRAM BY THE VERNON POLICE DEPARTMENT IN ACCORDANCE WITH THE AMERICAN RECOVERY 6 AND REINVESTMENT ACT 'OF 2009 7 8 WHEREAS, on February 17, 2009, President Obama signed into 9 law the landmark American Recovery and Reinvestment Act of 200.9 (the 10 ~~Recovery Act") that provides the U.S. Department of Justice (~~DOJ") 11 with funding for grants to assist state, local and tribal law 12 enforcement (including support for hiring), to combat violence .against 13 women, to fight Internet crimes against children, to improve the 14 functioning of the criminal justice system, to assist victims of 15 crime, and to support youth mentoring; and 16 WHEREAS, the DOJ, Office of Justice Programs' Bureau. of 17 Justice Assistance is seeking applications for funding under the 18 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program 19 (the "JAG Grant"); and 20 WHEREAS,-the City of Los Angeles-has been designated as the 21 fiscal agent for the JAG Grant and will be responsible for 22 coordinating the application process and overall management and 23 monitoring of the grant;-and 24 WHEREAS, the JAG Grant award period is from March 1, 2009 25 through February. 28, 2013; and 26 WHEREAS, during the application and review process for the 27 JAG Grant and in order to be a subgrantee under the JAG Grant, the 28 Vernon Police Department submitted a narrative and Budget Detail 1 Worksheet to Los Angeles, subject to ratification by the City Council; 2 and 3 WHEREAS, by memorandum dated April 13, 2009, the Chief of 4 Police is requesting authorization to participate in the JAG Grant for 5 an-allocated amount of $23,297.00 which will be used toward-the. 6 upgrade of the crime analysis and mapping system currently used by the 7 Police Department, which is approximately nine years old; and 8 WHEREAS, participation in the JAG Grant would enhance .the 9 capability of the Vernon Police Department to provide timely, . 10 pertinent information about crime patterns and crime trend 11 correlations, thereby enhancing the services. provided to citizens, 12 residents, businesses and employees in Vernon and neighboring 13 communities; and 14 WHEREAS, the JAG Grant- requires a Recovery Act Memorandum of 15 Understanding ("MOU") to be signed by each jurisdiction's authorized 16 representative and said MOU is currently being negotiated. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 18 CITY OF VERNON AS FOLLOWS: 19 SECTION 1: The City Council of the City of Vernon hereby 20 finds and determines that the .recitals contained hereinabove are true 21 and correct. 22 SECTION 2: The City Council of the City of Vernon hereby 23 approves and authorizes the City's participation in the JAG Grant. 24 SECTION 3: The City Council of the City of Vernon hereby 25 approves,. authorizes and ratifies the submittal of the narrative and 26 Budget Detail Worksheet by the Police Department on behalf of the City 27 of Vernon, a copy of which is attached hereto as Exhibit A and 28 incorporated herein by reference. _ 2 1 SECTION 4: The City Council of the City of Vernon hereby 2 authorizes the Police Chief, or his designee., to execute any and all 3 documents necessary for the purpose of securing grant funds-and to 4 implement and carry out the purposes specified in the grant 5 application for, and on behalf of, the City of Vernon. 6 SECTION 5: The City Clerk of the City of Vernon shall 7 certify to the passage of this resolution, and thereupon and 8 thereafter the same shall be in full force and effect. 9 APPROVED AND ADOPTED this 11th day of May, 2009. 10 11 ~ ~~/l X~c~ 12 Name: Hilario Gonzales 13 Title :Mayor / 14 15 ATTEST: 16 17 MANUELA GIRON, C'ty Clerk. 18 19 20 21 22 23 24 25 26 27 28 _ _ 3 _ 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of .the City of Vernon, do hereby 5 certify that the foregoing Resolution,. being Resolution No'. 9949, was 6 duly adopted by the City Council of the City of Vernon at a regular 7 meeting of the City Council duly held on Monday, May 11, 2009, and 8 thereafter was duly signed by-the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 - MANUELA GIR N, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - EXHIBIT A .Vernon Police Department Vernon, California Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program PROGRAM NARRATIVE The Vernon Police Department (VPD) services the incorporated city limits. of Vernon and is located in the Los Angeles County.. The VPD is an -urban law enforcement agency providing a full range of police services fo a very unique community comprised primarily of business and industry. The 2000 U.S. Census, which listed the City's population at 91, does not take into account the over 45,.000 men and women who work in the-city each day. Vernon is a very diverse community comprised of many different ethnicities, cultures and backgrounds. To deliver these services; the Vernon Police Department employs 52 sworn Police Officers and 29 civilian employees. In addition to deploying uniformed patrol officers, officers from the Patrol Division are assigned to a Drug Awareness and Resistance Education (D.A:R.E.) program. The Vernon Police Department's Detective Bureau also assigns investigators to multi-agency regional task forces. Those investigators work closely with other law enforcement agencies to combat common problems that affect all communities. PROBLEM STATEMENT: The Vernon Police Department is in need of replacing the current crime analysis and mapping system. As technology increases in the field of public safety specifically law enforcement, there is a growing need to remain current and provide staff with the current technology needed to perform their jobs and serve the public both effectively and efficiently. The crime analysis and mapping system which was purchased approximately 9 years-ago, does not have the capabilities to meet today's crime trend needs and the failure rate for inaccurate data has been an on-going problem in recent years. The issue with inaccurate data is problematic in that it is difficult to develop enforcement strategies when the data provided is questionable. Attempts to correct this issue with the vendor have been on-going and have not produced positive results thus far. PROJECT OBJECTIVES ' The goal of the project is to upgrade the crime analysis and mapping system to provide timely, pertinent information about crime patterns and crime trend- correlations. The upgraded system will provide comprehensive crime analysis system designed for specialized crime analysts to manage the incident database and conduct a variety of 1 mapping and analytical tasks. Some of the general features of the crime analysis system will include: • Ability to construct a centralized incident database ' • .Ability to generate incident -maps with multiple data layers • Create charts based on selected criteria • Generate. reports of selected incidents • Identify and geocode incident locations • Connect subjects and incidents • Select incidents of different criteria for analysis • Conduct advanced spatial and temporal analyses The system will also include a crime mapping solution that will allow patrol officers to use the system in patrol car mobile computers as well as in-house station applications. The Crimemap Lite application is astate-of-the-art crime analysis and mapping solution that works effectively and efficiently without third party mapping software or Geographic Information System (GIS) programs. The user-friendly application is a powerful analytical tool and is intuitive enough far personnel to use without prior training in GIS or complicated Database Management Systems. Therefore, users can master the full functionalities of the software in very little time. Providing officers and technician's access to information from the convenience of patrol vehicles will save time and resources, allowing them to render unparalleled field support. METHODOLOGY 1. Type of Application The crime analysis and mapping solution will provide better services to the community by allowing officers and employees of the department to use technological resources to effectively investigate and combat crime. The application is designed for officers, detectives, and dispatchers to access the database and conduct common mapping and analytica! tasks. It provides effective tools to access the agency's CAD or RMS records and select the relovant incidents for mapping and analysis. It enables the user to select incidents by address; location, date, time, jurisdiction, and category. The application assists the user to manipulate the selected incident records and generate maps, charts, and reports effectively. 2. Proposed Service Area The service area covered by this application is the incorporated limits of the City of Vernon, California, 3. Project Implementation. This project will be implemented upon awarding of the grant funds. The 2 department will begin the purchase requisition. process and anticipates the purchasing of the equipment/software no later. than August 2009. The installation of equipment and training of employees will commence in the latter -part of 2009. The department will work to maximize the use of the new technology by providing training to employees on the use of the technology and its application. 4. Supplementary Funds Additional funding will be necessary to offset the costs of this equipment. The department-will use available FY2009 COPS funds and if necessary Asset Forfeiture funding to supplement the grant in order make. the program a success. 5. Budget Justification Our current crime analysis and mapping system is not capable of producing the type of information needed for accurate crime analysis. 1Ne have budgeted to hire a new crime analyst and will be equipping that person with current technology. 3 OMB APPROVAL NO. 1121-0188 EXPIRES 5-98 (Rev. 1/97) Bud et Detail Worksheet g . Purpose: The Budget Detail Worksheet may be used as a-guide to assist you in the preparation of the budget and budget narrative. You may submit the budget and budget narrative using this form or in the format of your choice (plain sheets, your own form, or a variation of this form). However, all required information. (including the budget narrative) must be provided. Any category of. expense not applicable to your budget may be deleted. A. Personnel -List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Name/Position Computation Cost Postilion 1, each postilion entry limited to one line Position 2 Postilion 3 Postilion 4 Postilion 5 Postilion 6 SUB-TOTAL $0.00 B. Fringe Benefits -Fringe benefits should be based on achtal known costs or an established formula. Fringe benefits are for the personnel listed in budget category (A) and only for-the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Workman's Compensation, and Unemployment Compensation. Name/Position Computation Cost Fringe benefit 1, each benefit entry is limited to one line Fringe benefit 2 Fringe benefit 3 Fringe benefit 4 Fringe benefit 5 SUB-TOTAL $0.00 Total Personnel & Fringe Benefits $0.00 OJP FORM 715011 (5-95) C. Travel -Itemize travel expenses of project personnel by purpose (e.g., staff to training, field interviews, advisory group meeting, etc.). Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known. Indicate source of Travel Policies applied, Applicant or Federal Travel Regulations. Purpose of Travel. Location Item Computation Cost Travel entry 1, two lines per entry Travel entry 2 Travel entry 3 Travel entry 4 Travel entry 5 Travel entry 6 Travel entry 7 TOTAL $0.00 D. Equipment -.List non-expendable items that are to be purchased. Non-expendable equipment is tangible property having a useful life of more than two years and an acquisition cost of $5,000 or more per unit, (Note: Organization's own capitalization policy may be used for items costing less than $5,000). Expendable itetns should be included either in the "supplies" category or in the "Other" category. Applicants should analyze. the cost benefits of purchasing versus leasing equipment, espe- cially high cost items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project. Attach a narrative describing the procurement method to be used. Item Computation ~ Cost GST crime map lite -site license $25,000 for the license $25,000.00 egiupment entry 2 equipment entry 3 equipment entry 4 equipment entry 5 TOTAL $25,000.00 E. Supplies -List items by type (office supplies, postage, training materials, copying paper, and expendable equipment items costing less that $5,000, such as books, hand held tape recorders) and show the basis for computation. (Note: Organization's own capitalization policy may be used for items costing less than $5,000). Generally, supplies include any materials that are expendable or consumed during the course of the project. Supply Items Computation Cost Supply item 1, one line per entry supply item 2 supply item 3 supply item 4 supply item 5 supply item 6 supply item 7 supply item 8 supply item 9 TOTAL $0.00 F. Construction - As a rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Check with the program office before budgeting funds in this- category. Purpose Description of Work Cost four lines per entry, use boxes below or an additional page for more space if required TOTAL $0.00 G. Consultants/Contracts -Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant. enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the: project. Consultant fees in excess of $450 .per day require additional justification and prior approval from OJP. Name of Consultant Service Provided Computation Cost Supply item 1, one line per entry maximum of three lines Supply item 1, one line per entry Supply item 1, one line per entry Supply item 1, one line per entry Subtotal $0.00 Consultant Expenses: List a]] expenses to be paid from the grant to the individual consultants in addition to their fees (i.e., travel, meals, lodging, etc.) 'Item Location Computation Cost Consultant expense entry 1, one line p maximum of three lines I maximum of three lines Consultant expense entry 1, one line p maximum of three lines Subtotal $0.00 Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of $100,000. Item Cost maximum of four lines, additional information should be attached on a separate sheet(s) maximum of four lines Subtotal $0.00 TOTAL $0.00 H. Other Costs -List items (e.g.; rent, reproduction, telephone, janitorial or security services, and investigative or confidential hinds) by major type and the. basis of the computation. For example, provide the square footage and the cost per square foot for rent, or provide a monthly rental cost and how many months to rent. Description Computation Cost four lines per entry, use boxes below or an additional page formore space if required TOTAL $0.00 I. IridireCt Costs - Indirect costs are allowed only if the applicant has a Federally approved indirect cost rate. A copy of the rate approval, (a fully executed, .negotiated agreement), must be attached. If the applicant does not have an approved rate, one can be requested by contacting the applicant's cognizant Federal agency, which will review all documentation .and approve a rate for the applicant organization, or if the applicant's accounting system permits, costs may be allocated in the direct costs categories. Description Computation Cost one line per entry one line per entry TOTAL $0.00 Budget Summary- When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and tl~e total project costs. Indicate the amount of Federal requested and the amount ofnon-Federal funds that will support the project. Budget Category Amount A. Personnel $0.00 B. Fringe Benefits $0.00 C. Travel $0.00 D. Equipment $25,000.00 ~E. Supplies $0.00 F Construction $0.00 r G. Consultants/Contracts $0.00 H. Other $0.00 Total Direct Costs $25,000.00 I. Indirect Costs $0.00 TOTAL PROJECT COSTS- $25,000.00 Federal Request Non-Federal Amount CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE : ` May 12., 2 0 0 9 TO: ~teve Towles, Chief of Police.- FRO Ne11y Giron, City Clerk RE: Resolution No. 9949 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the City's. Participation in the Edward Byrne Memorial Justice Assistance Grant Program By the Vernon Police Department in Accordance With the American Recovery and Reinvestment Act of 2009 Transmitted herewith is a copy of Resolution No. 9949 referenced above, which was approved by-City Council on May 11, 2009.. Thank you. NG:dj c: Sharon Duckworth Resolution No. 9949 ' J~f~V~G MAY ~ ~ '09 CITY yon. e ~~°r~ ~I ~ ,~e`P GOUNCI~ ELY 1N9J C E 1 E STAFF REP®RT ~P~ 2 7 ~o~~ VERNON POLICE DEPARTMENT CITYCLERK'SOF~IC~ DATE: April 13, 2009 C~ ~E~~~~'„O_-._.~..."~dTION ~ ~ TO: Mayor and City Council a~~ FROM: Steve Towles, Chief RE: Department of Justice Bureau of Justice Assistance Grant Program SUMMARY The Police Department (PD) is seeking authorization to participate in the Department of Justice (DOJ), Bureau of Justice Assistance Grant (JAG) funding through the American Recovery and Reinvestment Act of 2009. Through the JAG program, the PD has been allocated $23,297.00, in funding. BACKGROUND The United States DOJ JAG State Program allows states and territories to support a broad range of activities to prevent and control crime and to improve the criminal justice system. The Recovery Act -State JAG program will solicit applications from eligible states and territories, for various initiatives, including, but not limited to, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, as well as research and evaluation activities that will improve or enhance: law enforcement programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment and enforcement programs;. planning, evaluation, and technology improvement programs; and crime victim and witness programs (other than compensation). Under the JAG program the PD is considered a disparate jurisdiction with 78 other jurisdiction in the Los Angeles County. The City of Los Angeles has been designated as the fiscal agent for the JAG program and will be responsible for coordinating the application process and overall management and monitoring of the grant. Since the City of Los Angeles will be administering the grant, the allocated amount for the PD is subject to management and administrative costs incurred by the monitoring jurisdiction, which is 10% of the allocated amounted. There are no match requirements under the JAG program. The budget/project period for Recovery JAG awards is March 1, 2009, through February 28, 2013. Because states and units of local government may obligate funds dating back to March 1, 2009, no pre-agreement cost letters will be required. the JAG program requires a Recovery Act Memorandum of Understanding (MOU), must be signed by each jurisdiction's authorized representative, regardless of the manner in which funds will be used or distributed. The MOU includes the following: • Acknowledgement of the fund amount • Agreement to submit quarterly reports to-the LA City Mayor's Office • Acknowledgement that the quarterly reports are going to be made public by DOJ and that DOJ will publicly identify grantees who are delinquent in their reporting • .Acknowledgement that the City of LA is the fiscal agent for this grant • Agreement that your project fulfills the objectives of the award The City of Los Angeles is preparing the MOU and it is anticipated to be completed by May1, 2009. ANALYSIS The Police Department will use the allocated JAG funds towards an upgrade to the crime analysis and mapping system. As technology increases in the field of public safety specifically law enforcement, there is a growing need to remain current and provide staff with the current technology needed to perform their jobs and serve the public both effectively and efficiently. -The crime analysis and mapping system which was purchased approximately 9 years ago does not have the capabilities to meet today's crime trend needs. In addition, we have been experiencing an on-going problem with inaccurate data in recent years. The issue with inaccurate data is problematic in that it is difficult to develop enforcement strategies when the data provided is questionable. Attempts to correct this issue with the maintenance vendor have been on-going but have not produced positive results thus far. The cost to upgrade and enhance the crime analysis and mapping system has been estimated at approximately $130,000.00. The PD will utilize JAG funds, COPS FY09 Grant funds and/or Asset Forfeiture funds to offset the costs associated with this equipment purchase. No General Funds will be used for this purchase. CONCLUSIONS Based on the available funding, I request the City consider participation in the JAG program. This grant will provide funding to upgrade the crime analysis and mapping system, which will enhance and provide timely, pertinent information about crime patterns and crime trend correlations. Enclosed is a copy of the DOJ Recovery Act JAG program and a copy of the jurisdiction allocation sheet listing the local allocation amounts. The required MOU, which will be drafted by the City of Los Angeles, will be forwarded to the City Legal Department for review upon receipt. OIv1B No. 1121-0323 U.S. Department of Justice Office of Justice, Programs $urenu of Justice Assistkrtce n : i , . , ~ Thy. IJ.S,-Department of Justice, Office of Justice Programs' (~JP)-Bureau of Justice Assistance ~~.~BJA) ~s pleased to.announce that it is seekingapplicatio~is fQi funding und;erthe Recovery Ac# Edward Byrne Memorial Justice Assistance Grant (JAG) Program. On February 17, 2009, President 0bama signed into'law the`landnaark American Recovery acid (Reinvestment. Act of 2009 (fhe "Recovery Act"). As one of ifs many :elements, the Recovery Ac# provides the U.S. Department of Justice (DOJ) with funding. for grants to assist state, local,, and tribal law enforcement (including sup.p~lt for hir(ng)„to combat violence against women, o fight . nternef crimes against children, to. improve the functioning of:the criminal justice ystem; to ' assist victims of crime, and to support youth mentoring: DOJ'is co:rrmitted. to working. with our..:: ~ - national, state, local-and tribal partners t.o ensure this funding inves#s jn the American workforce. Specifically; under this solicitation; BJA will be making-awards to assist state, local, and tribal :efforts to prevent or`reduce crime :and violence: Recovery Act:- Edward Byrne Memorial Justice Assistance-Grant (JAG) Formula Program: State Solicitation . _ , - Eligibility Applicants are limited to states, th. e District of Columbia; the Commonwealth of Puerto Rico, the 'Northern Mariana Islands, the Virgin: lslanefs, Guam, and=American Samoa.: To view the eligibility list, go to; www.ojq usdoj;gov/BJAlrecovervJAG/recoveryallocations html (See'Eligibility,",page 2) ` Deadline` Registration with OJl?'s Grants Management System.is required:prior to application submission.- - Applicants must obtain a Dl1NS number from Qun and. Bradstreet prior to application . submission.: Applicants, including those applying through GMS, must register with the Central Contractor Registration (CCR) database; (See:"Deadline: Registration,":page 1) -.All applications are ..due by 8:00 p;m. Eastern-Time. on April 9, 200:9. (See "Deadline: Applications," page 2) Important Note to Prospective Applicants This solicitation is issued .pursuant o he American Recovery and Reinvestment Act of 2009"(Public Law 111-5), which was signed into law by President Obama on February 1.7,.2009. As of the date this solicitation is :issued;, government-wide. guidance is still forthcoming on various aspects of the Act. , Applicants are strongly advised to check the appropriate web-site and Hwwwojp.usdoj.gov/recovery/solicitationreauirements.htrnH .,periodically (ncfudmg before submitting an application) for updates to this solicitation and its associated requirements. Additional information may become available-that could af#ect :project proposal: narratives, timelines, budget requests, certifications, and other matters:related to applications. Award 'recipients wi11 be required to follow any applicable provisions of government-wide guidance that-may be issued pursuarit_to the ftecouary Act. - Contact Information . For assistance with the requirements of this solicitation, contact: BJA toll=free.at 1-866-288-OQ79 or e-mail JAGReco~ervCc~usdoi.gov. This- e-mail account will.. be checked hourly. A response will be provided within one business day. You may also co.ntactyour BJA State Policy Advisor at www.ojp.usdoj.gov/BJA/resource/stcont.htm,'or Eileen M. Garry, Deputy Director for Programs; at 202'-307=6226 or eileen.aarry~usdoi:gov. This application must be submitted through OJP's Grants Management System (.GMS). For - techncal assistance with submitting the"application, call the GMS Support Hotline at 1-888= 549-9901, option 3. The GMS Support Hotline: hours of operation are Monday-.Friday_from 7:00 a.m.ao 9:00,p.m. ea: For- step-by-step GMS guidance, pleas-e utilize OJP's online Grants .Management System training tool: www;ojp.usdoj.gov/gmscbt/. Release date: March 6,: 2009:- OMB No. 1121-0323 _ ApprovaLExpires 9/30/2009 CONTENTS Overview of the Edward Byrne,Memorial Justice Assistance Grant Program 1 Deadtine: Registration ~ 1 °Deadline: Applications 2 Eligibility 2 Additional Requiremerits Related to the Recovery. Act JAG Program-Specific Informatiori 3 Accountability and Transparency under.the Recovery Act 7 Performance .Measures g How to Apply _ 10 What an Application Must Include: 11 Standard Forrn 424 Program Narrative Budget and Budget Narrative Review Narrative Abstract.. - Certifications Review Process- 12 Additional Requirements 12 Appehdix: Templates for .Required Certifications 14 OMB No. 1121 0323 Approval'Expires 9130/2000 Recovery Act: Edward Byrne- Memorial Justice Assistance G-rant -(JAG) Program: State Solicitation CFDA# 16.803 Overview of the Edward Byrne Memorial Jus#ice-Assistance. Grant .Program This grant program is authorized by the American Recovery-and Reinvestment Act of-2009 (Public Law .111-5) (the "Recovery. Act") ;and by, 42 U.S.C 3751(x). The stated purposes. of the. :Recovery Act are: to preserve end create jobs-and promote. economic recovery; to assist those most impacted by-the recession;: to provide investments :needed to increase economic effie.ency by spurring technological advances in science and health; to invest in transportation, environmental protection, and other infrastructure that will provide'long-term economic benefits; and. to stabilize state a:nd local government:-:budgets, in order to minimize and avoid reductions fn esse~itial services and counterproductive state and local tax increases. ' - The Recovery-.Act places ;great emphasis on accountability ~1nd trerisparency in the use of .taxpayer dollars. Among other things, it.cCeates a new Recovery Accountability and Transparency Board and a new website Recovery.gov - to provide. information to the public., `including access to detailed information on grants and contCacts made vvith Recovery Act funds. ' The Edward-:Byrne Memorial Justice.Assistance Grant (JAS) Program is the primary provider of fiederai criminal justice funding to state and local jurisdictions: JAG funds support all components of the criminal justice, system, from mu}f°ijurisdicfiional drug and gang task forces fo crime prevention aril domestic violence progra. ms, courts; corrections, treatment,.-and justice information sharing-initiatives. JAG funded projects Wray address crime through fhe provision of service directly to individuals and/or communities and. by improving the effectiveness-and :efficiency of criminal justice systems, processes, and procedures.. _ - Deadline: Registration ' :Registering with OJP's Grants Management System (GMS).: . Applications. must be submitted through OJP's online Grants Management System (GMS). To access the system., go to hops:// [aq nts:ojp.usdoj.goy. Applicants should begin the process immediately to meet the GMS registration deadline, especially,if this is the first time they have.` used fhe.systern. Each application requires a separate GMS registration: The registration process. for organizations includes: (1) Obtaining a Data Universal Numbering System (DUNS.j'. number; (2) Registering your organization with the Central Contractor Registration (CGR) database; and-(3) Registering with GMS prior fo applying. -.The deadline to regis#er is .8:00 p.m. Eastern Time on April 9, 2009. A DUNS number is required. Alf applicants under this soCictation must include a DUNS (Data. 'Universal Numbering System) number in their application. Applications w.thouf a DUNS number - are incomplete: - OMB No. 1121-0323 Appcpval Expires 9/3012009. A DUNS number is a unique nine-digit sequence recognized as the universal standard fora identifying and keeping track of entities receiving Federal funds. The identifier is used- for tracking purposes and to validate address and ,point of contact information for federal assistance. applicants, recipients, and subrecipients. The DUNS;number.wilf be used throughout the. grant life cycle. Obtaining. a DUNS number is a free, simple,-one=time activify. Obtain one by calPing 1- 866-705-571.:1 or by applying onlirie at http://fedgov.dub.com/webform/displayHomePage.do: Central Contractor Registration (CCR) is required: In addition to .the DUNS number requreement, OJP requires that all applicants (other than individuals) for federal financial- assistance maintain current registrations in the Central Contractor Registration (CCR) database. The CCR database is the repository for standard information.-about federal financial assistance .applicants, recipients, and' su6recipients,: Organizations that have previously submitted.- applications via Grants.gov are already :registered with CCR; as it is a requirement for :Grants.:gov registration. P-lease riots, however., that applicants must, update or renew their CCR: registration at'least once-.per year to maintain an active status-. Information about-registration ; procedures can be accessed at www.ccr:gov. Deadline::Applcations The due date #or applying for funding under this announcement is 8;00 p:m. Eastern Time on April 9; 2009.. - 'Eligibility Applicants are limited to states, fhe District o.f. Columbia, the. Cornrnonwealth of Puerto Rico, the Northern Mariana Islands, %the Virgin Islands, Guam, and American Samoa. Please view the eligibility list at:.www.ojp:usdoj.qov/BJA/recoveryJAG/recoveniallocations:html. ; - Additional Requirements Related to the Recovery Act (including cgrtificat:ion '_requiremenfs): Reporting onthe Use of :F;unds. In order to be eligible to receive funds under this solicitation,, :applicants must certify that theywill satisfy thereporting requirements of section 1512(c) of the" ..:Recovery Act, :which requires detailed reporting (including reporting on-subawards,) not later -than ten ca e.ndar days after the end of each calendar quarter. Detailed information on sect-ion 1512(.c) appears below, under `Accountability and Transparency 'under the Recovery. Act." A template for the certification is included i:n the appendix. Applicants may expectahat a standard form and/or standard reporting mechanism will be made available at a future date: Funding D. istribution and Appropriate Use .of Funds. Section 1607 of the Recovery Act ,requires. either a certficationby the:Governor or a concurrent resolution of t:fe state legislature concerning funds distribution and assurance of appropriate use of funds. S#ates-may not receive funds under this Recovery Act solicitation unless section 160:7 is satisfied; (Referao the OJP - Recovery Act :Additional-Requirements web page at vwvw.ojp.usdoi.gov/recovery/solicitationrequirements:htm for the text of section 1607.); 'Certification regarding Infrastructure investments. I'.ursuanfto section 1511 of the Recpvery-Act, a state or local go~~rnment (including afederally-recognized Indian triba government) may not . receive funds for an infrastructure:investments(for example, construction or major.reno~iation of a correctional 'facility) unless the Governor, mayor, or other chief,executive, as appropriate, certifies that the infrastructure investment has received the full vetting reguired by law and that OMB No. 1121-0323. 2 Approval Expires 9/30%2009 -the chief executive accepts responsibility that the infrastructure is an appropria e use of taxpayer dollars. The certification musf include a description of the infrastructure investment, the estimated #otai cost, and the amount of Recovery Act.funds to be used, and must be posted on a web site that is linked to Recovery.gov. (Refer to the OJP Recovery Act Additional ` Requirements web page at www,ojp.usdoj.gov/recovery/solcitationreguirements:htm for the text- of section 1511.) Consistent with section 15T1, all applicants under this solicitation must complete. a "General Certification as to Requirements for Receipt ofi Funds for Infrastructure Investments," a template for which is included in the :appendix. Recipients that are awarded funds for one or more- 'infrastructure'nvestment projects must also submit and post a certification-that satisfies."section -1511 as to each such specific project prior to obligating, expending; or drawing down funds fore- such a project. Applicants or recipients that intend to prepare a section 1511 certification should , consulfthe OJP Recoveryy Act Additional Requirements web page at www.ojp.usdoj.gov/recovery/solcitationrequirements:htm. If'a standard form becomes available, _ _ OJP will include a notice in the appropriate section of. he web page. JAG Program-Specific Information ' All awards are subject to. the availability of appropriated funds and any modifications or additional requirements that maybe, imposed by-law. Applicants also should anticipate thatawards under the RecoveryAcf will be one-time awards ar?d accordingly should ` . propose project activities.and`deliverablesthaf can be accomplished without additional DOJ funding;. Est~baished to streamline justice_funding:and grant administration, the JAG Program allows states,. tribes,. and local gov..ernments to support a broad range of activities to prevent grid control crime based`on their owri-local needs ahd conditions: JAG blends.tlie previous Byrne- Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provideagenci'es with:. the flexibility to prioritize and place justice funds where they are needed most. Formula The Bureau of Jusfiice Statistics (BJS) calculates, for each state and territory, a minimum base allocation which, based on fhe sfatutory.JAG formula, can be enhanced by (1) the state's share , of the national population; and (2) the'state's s-hare of:the country's Part 1 violent crime statistics. Once the state funding is calculated; 60 percent of.the allocation is awarded to the state.,. and 4'Q percent to eligible units of local government. States also have a variable percentage of the allocation fhat':s required to be "passed through" to units of local government. This amount, aPso calculated by BJS, is based on each state's crime expenditures. in addition, the formula is used fo calculate direct allocations for-local .governments within -each state, based on their share of the total violent crime reported within the state.. Local governments entitled to at least $10,000 awards may apply directly to BJA for local JAG grants: To view the list of required passthrough ;p'ercentages, go to: wvvw:ojp.usdoj.govlBJA/recovetyJAG/JAGrecoverwpt:pdf Award Amount , Eligible state/territory recipien#s are entitled to the state allocation determined by the above formula plus any funds designated for the state's units of local government-whose direct allocation would be less than $10;.000: Funds from these "le`ss than`$10,000 jurisdictions" must -.OMB No: 1121 0323. 3 APProval Expires 9/30/2009 !be distributed. by the state to state police departments that provide criminal justice services :and/or. o any units of local. government whose allocations would be-less-than $.10,000: `Purpose Areas .:JAG funds may be-used for state and local initiatives, tech.ni-cal assistance, training, personnel, equipment, supplies; contractual. support, and information systems for cri-mina) justice, as well" as criminal justice-related research and evaluation activities that will, improve or enhance: • Law enforcement programs, Prosecution and court programs. Prevention and education programs: • Corrections and community corrections programs.:. • Drug tre~trnentand enforcement programs:: • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (:other than compensation).-. `SAA Responsibilities 'In each. state, the Governor or other Chief Executive Officer designates a state agency {State Administering Agency, or SAA) to apply for and administer.#hese funds. The SAA: is responsible for: ~ - ' • Coordination of JAG funds among state and local justice. initiatives. Preparation and submission of the state JAG application: • Administration of JAG-funds including establishing funding priorities, distributing funds, monitoring subrecipients' compliance with. all JAG special conditions and provisions, and'' providing::ongoing assistance 'to subrecipients. S~ibrnitting financial reports, programmatic reports, performance measure date, and. subgrant information. States:-are strongly encouraged to prioritize evidence-based or evidence-generafing practices because such`practces are proven or may be effective and may be replioable. . States are also strongly encouraged to conform Recovery Act spending to.their existing statewide strategic.-plan. If such: a plan does not now exist, states are strongly encouraged to> develop Arid undertake, as soon as practicable, a strategic planning. process using a community-based. engagement model in order to guide spending under this and- future fiscal year allocations. Administrative Funds An SAA may use up to 10 percenf of the state award, including up to 10 percent of any accrued interest, for costs associated with administering. JAG funds. ' .Governing Body Review , The SAA must make the ,g-rant application av.aiiable-for review to the governing body of the state, or to an organization designated by that governing body, not fewer than 30 days before,. the application is submitted'to BJA. Public Comment At the -time of application submission, an SAA.-must provide an assurance that the application. was made public and an o.pporturity to comment was provided to citizens and to neighborhood 'DMB No. 1121-0323 - Approval Expires 9/30/2009 4' or community organizations to the extent the applicabfe law or established procedure makes such an opportunity available, Length of Awards Awards are made in the firsf fiscal year of the appropriation and may be expended during the following 3 years, for a total grant period of 4 years. Passthrough .JAG requires-that states pass through apre-determined percentage (variable passthrough) of funds to units of local government, such- as a city,. county,. township, town; tribe; or faith- or community-based group. Calculated byBJS, t-his percentage is established by assessing the total :criminal justice: expenditures by the state and units of local government. If`an SAA believes its assessment is incorrect, the SAA may appeal the percentage by.providing alternate, verifiable data to BJA. If an SAA wishes to fund a project that will be administered by the state but be counted as- variable pass through for JAG purposes, `it may do so if the project will directly benefit a unit(s) of ocal government, and if-each local jurisdiction to benefit voluntarily signs a waiver: This waiver must certify that the local jurisdiction recognizes that the funds in question are. et-aside for ocal government use; believes-that the proposed project will provide a direct local benefit; and agrees that funding the project at the state 'level is in the best interests of the unit of local government. " Trust Fund SAAS may draw down any or all -JAG funds after accepfance of the award. To do so, a trust fund must be established in which to deposit -the funds. The trust fund mayor may not be an interest- bearing account. if subrecipients draw down JAG funds in advance., they also must'estab ish a trust: fund in which to deposit funds.:. Recipients of funds, however, should be aware that the authority to retain such advance funding may be withdrawn should the recipient persistently remain delinquent in applicable reporting required by the Recovery Act. Specific `information relating to this -will be .detailed in grant award documents. P:rohibite.d Uses No JAG funds-may be expended outside of the JAG purpose areas: Even within the purpose areas, however, JAG funds may :not be used directly pr indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or pablic safety. Nor may JAG funds be used directly or indirectly fo provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and .good order: • .Vehicles {excluding police cruisers), vessels (excluding. police boats), or aircraft (excluding police helicopters); Luxury items. • .Real estate. Construction projects (other than penal or correctional institutions). • Any similar matters.. OMB No. 1121-0323 Approval Expires 9/30/2009. 5 Non-Supplanting Federal funds must be used to supplement existing state and local fund's for program activities and must not replace those funds that have been appropriated for the same ;purpose. See the OJP Financial Guide (:Part II, Chapter 3j. Additionaf information appears on the. "OJP Recovery Act Additional Requirements" web page at www.op. usdoi.gov/recovery/solieitationrepuirements:htm. Recovery Act: Buy American -All applicants that propose to use grant funds to construct, alter, ma'intain;.or repair a public building or public work should be aware that the. Recovery Act (in s.ec"tion 1605).contains a "Buy American" provision;thatapplies to iron; .steel, :and manufackured goods;- subject to certain exceptions. The provision is to'b.e applied in a manner consistent vvith United States obligations -under international. agreements. Government wide guidance on this provision is not yef. available, buf' is expected. <For the text of section 1605;. please refer` to the ""OJP Recovery Act Additional Requirements" web page,at www,ojp.usdoj.gov/recovery/solcitationreauirements:htm. .Recovery Ac.t: Wage Rate Requireme-sits All applicants should .be avvare that the Recovery Act contains a provision, on wage rate requirements that concerns projects funded or assisted by Recovery Act. funds that employ laborers and mechanics. See section 1606 of the Recovery Act, the text of which..appears on the "OJP Recovery Act Additional Requirements" web:page at ' www.oip.usdoi.gov/recovery/solicitationreguirements..htm. Government-wide guidance on this `:provision is not yet available, but is expected. - :Recovery Act: Preference for Quick-Start Activities "Pursuant to section 1602 of the Recovery Act, recipient of funds under this: solicitation -for infrastructure .investment are to give preference to activities that can be started and completed expeditiously, and also are expected to use grant.fwnds in a manner that maximizes job. creation and econorni"c benefit. For the de#ails of this requirement, please refer fo the text'of sec#'ion . 1602,.which appears on the "OJR's Recovery Act Additional Require. ments" web page at ' . ` wvwv.oip.usdoj.gov/recover'v/solcitationrequirements;htm. - .:Recovery Act: Contracts, , Generally speaking, the Recovery Act places speciai'ernp.hasis on-the use of fixed-price: contracts awarded through competitiveprocedures. As information becomes available; OJP will provide guidance to applicants as to what, if any., particular procurement requirements or procedures may apply to .contracts awarded with Recovery Act granf funds, aparf from chose that appear in.28 C.F:.R. Part 66 .and 28 C.F.R. Part 70. Recovery Act: Limit on Funds The ;Recovery Act specifically provides-that funds may -not be used. by any state or local. government, -or any .private entity, forany casino or other gambling establishment; aquarium, zoo, golf course, or swimming pool.- Recovery Act: lJse of Funds in Conjunction with Funds from Other Sources. "Recovery Act funds -may be used in conjunction with other funding as necessary to complete projects:.., but tracking- and reporting of Recovery Actfiunds must be separate, to meet the- reporting and other requirements of the Recovery Act and other applicab e -law. There can be n.o commingling of funds.. (.See "Accountability and Transparency under the Recovery. Act," below.): OMB No..1121 0323 ~ ?PProval Expires 9/30!2009 Accountability and Transparency under the Recovery Ac# Separate Tracking and Reporting of Recovery Act Funds and Outcomes Consistenf with the special purposes and. goals of the. Recovery Act, and its strong emphasis on accountability and transparency,. it is essential t-hat all. funds from a Recovery Act grant'be .tracked, accounted for, and reported on separately from alf other funds (including DOJ grant funds from non-Recovery-Act grants awarded for the same or similar purposes or programs). _ Recipients must also be prepared to track and .report on the specific outcomes and benefits attributable fo use ofi Recovery Act funds.. The accounting systems of all recipients and subrecipients must ensure that funds from any award under this Recovery-.Act solicitation are not commingled with funds from any other 'source _ Misuse of grant funds may result in a.range of penalties; including suspension of current and- future funds, suspension or debarment from federal grants, recoupment of monies provided `:under a grant., and civil and/or criminal' penalties. Quarterly Financial and :P'rogrammat'ic Reporting; Consistent with the Recovery Act emphasis on accountability grid transparency, 'reporting r.equirernents under Recovery nct grant :programs will :differ from and expand upon OJP's standard reporting requirements for grants.. 'ln particular, section 1512(c):of the Recovery Act sets out detailed requirements for quarterly reports that must be submitted within 10 days of the - end of each calendar quarter. Receipt of funds will be contingent on meeting the Recovery Act ;reporting reguirernents. Under this'Recove..ry Act. .program, quarterly financial and- programmatic reporting will..be required, and will be due within 10 calendar days after the end of each calendar quarter, starting July 10, 2009,_ , Programmatic and Financial Reporting Due Dafes Periods - _ ; October- December Janua 10 Janua - March - Aprii 10. A rii-June Jul 10 July-September October 10 - The information from grantee reports will be posted on a public website: To the extent-that grant funds are available to pay a grantee's administrative expenses, those funds may be used to assist the grantee in :meeting the accelerated time-frame and extensive reporting requirements. of the- Recovery. Act: Recovery Act grant recipients may expect that the information posted by OJP will identify grantees. that are delinquent in their reporting. In addition, in keeping with standard OJP" practice, -grant recipients who do not submit required reports by the due date will not be permitted to draw down funds thereafter, during the pendency of the delinquency, and` may be subject to other appropriate actions by OJP, including,-but .not limited to, restrictions on eligifjility for future. OJP awards, restrictions on, draw-down on other OJP awards, and suspension or termination of-the Recovery Act award, - OMB No. 1121-0323 Approval Expires 9/30/2009 : Funding recipients may expect that a standard form and/or reporting mechanism may'6e available. Additional instructions and gaidance regarding the required reporting. will be provided as they become available. For p tinning'purposes, however, all applicants should. be aware that the Recovery Act section 1512(c) provides a~s follows: - Recipient Reports: Not later than 10 days after the erid of each calendar quarter, each recipient that received recovery funds from a Federal agency shalt submit a report t0 that agency-that contains= (1) the total amount of recovery funds received' from that agency;- (2) the. amount of recovery-funds received that were expended or obligated. to projects or activities; and (3) a detailed fist of ail projects or activities-for which recovery funds wereexpended or obligated, including-- (A) the name of the .project or activity; (B) a deecription of the ,project or activity; (C) an evaluation of-the completion status of the .project or actiwity;_ (D) an estimate of the number of jobs created and the numberof jobs ..:retained by the project or activity; and (E) for infrastructure investments made by state and local governments, the- :purpose., total cost, and rationale of the agency for funding-the infrastructure investment with funds made available urider this Act, and name of the person to contact at the agency if there are concerns with the infrastructure. investmenf. (4) Detai ed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding .Accountability and Transparency Act of 2006 (Public Law 109 282), allowing aggregate reporting on awards below $25.,000 onto individuals., as;prescribed by the :Director of the Office .of Management and Budget. Subawards under Recovery Act Grants Reporting; DUNS and. CCR. As indicated above, quarterly reporting requirements for Recovery Act awards include reporting with respect to subawards. In order to facilitate-that reporting, award recipients must work with their.first-tier subawardees (if any) to ensure that, no dater than the due-date. of the award recipient's-first quarterly .report after a subaward is made, the subawardae has a DUNS numbers and is registered with the Central Contractor.Registration (CCR) database.. See "peadline: Registration;" above, for more information on CCR and DUNS numbers. Monitoring of subawards. All app icants should bear in mind that any recipient of an award under this solicitation wilt be responsible for monitoring of subawards under the grant in accordance with. all applicable statutes; regulations, OMB .circulars, and guidelines, including the. OJP Financial Guide. Primary recipients will be responsible for oversight of subawardee pending and monitoring of specific outcomes.-and benefits attributab e to use of Recovery Act funds: Reporting'Fraud, V1laste, Error, and Abuse Each grantee or siabgrantee awa_ rded funds- made available under the'Recovery Act is to promptly .refer to an appropriateinspeotorgcneral any credible evidence that, a principal, employee, agent, contractor, subgrantee, subcontractor, or other;person has submitted false claim under the False Claims Act or has committed a.criminal or civil violation. of.laws pertaining to fraud, conflict of interest, bribery, gratuity; or similar misconduct involving Recovery Act funds.. OMB No. 1121-0323 : g Approval Expires 9/30/2009 You: may report potential fraud, waste, abuse, or misconduct to the. U.S, Department of Justice, Office-of the inspector General. (OIG) by- mail: Office of the fnspector General U.S. pepartment of Justice .Investigations Division 950 Pennsylvania Avenue, N.W. Roorim 4706 'Washington'; DC 20530 e-mail: oig.hotline@usdoj.gov hotline;-(confact information in English Arid Spanish): (800) 8:69-4499 or hotline fax`..(202) 616-9881. Additional information is available from the DOJ. OIG web site at www.usCloi.goy/oiq/. The Recovery Act provides certain protections against reprisals for employees ofnon-Federal - employers who disclose information reasonably believed to be evidence of gross- rrianagement; gross waste; substantial and specific danger to`:publichealth or safety, ak~use of authority, or violations of law related fo contracts or grants using. Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. Performance Measures To assist in fulfilling -the accountability objectives of.the Recovery Act,. as well as t:he - - Deparfineht's responsibilities under the Government Perforrn'ance `and Results :Act of 1993 (GPRA), Public Law 103-62, applicants who receive funding: under this solicitation must provide data that measure the results of their vJork. Iri addition, applicants-must discuss their data - collection methods:in the application. The follovv.ing are required measures for awards. made underahe Recovery Act: ; . OMB No. 1121-0323 g Approval Expires 9/30/2009.- rJb'~j'ie td:~: ~F ian~nr~n~r-~""~`~.1i.~,i,iie nafa 1h "jrv:i~a <<:,hii: _i~l~ ~4~ f~~l~~~il>ii~~~i~i ~ i i" r :-iii r~ll~~i: l~~ rtiii,l ju urr~f il'I,wi I uir_iii,i~~ r~xj I ii~~iti~,'n I cif .h,it,~;; u,tl~, is f„~incj', 1 Recoverv Act:. Number ~f Jobs saved (by typed due to ~ a; How many jobs were An unduplicated ~ iurr~~er of rreserving fobs. _kecove~.y Act funding... prevented from being jobs that-would have been eliminated-with the Recovery elimihated if not for the Act funding during this Recovery Act funding during reporting period? the three-month quarter. Report this data for . b) How many Mobs that were each position only once during eliminated wifhin the last 12 the grant. A job can ihclude full months were reinstated with time.; part lime, contractual, or Recovery Act funding? other employment Yelationshp `Recovery Acft Number of fobs created (by type) due to How:many jobs were-created An unduplicated number of Creating jobs Recovery Act funding:: with Recouery Act funding this jobs: created due to Recovery reporting perjod? Act funding during the three: month quarter. Report this - ' " data'"for each position only ohce_ duringthe grant. A job can include full time, part time, contractual;'or other- employment relationship, fn addition, new performance measures specific to the JAG Program have been"developed by BJA wifh input from criminaa justice members in-the field (jrctuding SAAs)' Performance` ,measures can be fotand at www:ojp.usdoj.goy/BJA/grant/JAG Measures:pdf. `How-to App~Y - Gran#s Management System Instructions. Applications must be submitted through OJP's -online Grants `Management System (GMS). To access the system,,go to httos://grants,ojp.usdoi.gov; Appljcants should begin the process a few weeks prior to fhe GMS registration deadline,: especially ifahis is the first-time they have rased the system`. Each application requires a separate G'MS registratjon. For a step=by-step guide, visit. http://www.ojp.gov/gmscbt/,and refer to the section entitled "External Overview: Locating & .Applying for Funding Opportunities." For additional assistance, call: the GMS Support Hotline at 1-888-549-9901 from 7:00 a.m. #0 9:00 p.m. Eastern Time. Note; OJF wi11 not review any'application-whose attachments:are in Microsoft Vista or- Microsoft 2007 format. Applications submitted via GMS must be in the followjnq formats: Microsoft'Word (*.doc), Word Perfect (*:wpd), Micros. oft Excel (*.xls), PDF files (*:pdf), or Text Documents (*.txt). GMS is not yet compatible with -Vista and' cannrt yet :process. Microsoft Word 2007 documents saved in the new default format with the extension ".docx." Please ensure that any Word documents you are submitting-.are saved using ''Word 97-2003 Document (*.doc)": format.-Additionally, .GMS-does not accept executable file types as application attachments. These disc lowed file types include, but are not limited to, the following .extensions: ".com," ".bat.,•' '".exe," ".vbs," ".cfg," ".dat," ".db,~~ ".dbf," ;'.dll," ,,:jni,,, ,,..log,,, ~~:ora,`' "sys," and ".zip.,~~ OMB No. 1121 0323- 1 O Approval -Expires 9/30/2009 Recovery Act CFDA.Number.:'T.he Catalog of Federal:DomesticAssistance (CFDA) number for this solicitation is 16.803, titled "Recovery Act: Edward -Byrne Memorial Justice Assistance Grant (JAG) Program/Grants to States and Territories." What. an Application Must Include Standard Form 424_ Program Narrative (Attachment 1) Applicants mast submit a program narrative that describes the proposed program activities for. the 4-year grant period. The. narrative must outlihe the type of programs to be funded by the . JAG .award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and reiated'justice:funds. The program narrative must include: • Project objectives that are linked to meaningful and measurable outcomes consiste..nt with the goals of the Recovery. Act, and the likeli-hood of achieving such oufcomes,:such-as job - creation and preservation. ' • States are encouraged;.where possible and,.apprgpriate, to include an estirna#e of the number of'jobs that will be retained or created for programs or projects undertaken with this- - funding.' • Organization capabilities and:.competencies, inclading a description of-:how the organization will.-track all drawdowns and grant expendituresseparately from other federal funding. Activities-that cah be started and completed expeditiously, and in a manner-that maximizes _ job creation and economic benefits'. • Timeline or project plan identifying when the goals and objectives will be completed': - • Performance measures established by the organization to assess whether grant objectives. are being meta. :Budget and Budget Narrative (Attachment 2) :Applicants-must submit,a budget and budget narrative outlining hove JAGfunds, including administrative funds if applicable, will be used to support and implement th.e program. A' ample budget form may be found at www.ojp.:usdoLgov/funding/forms/budget detail.pdf. ' Review Narrative (Attachment 3) - Applicants must include in this attachment documentation regardlrg the-following requirements: • Include the date that fhe JAG application. was made available for review by the a_ppii'cant's governing body:,This governing body no#ification must occur no less than 30 days before submission to BJA. • . Include a statement that the application was made public and. that, to `the extent of " applicable Jaw or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations. Abstract (Attachment 4) Applicants must provide an abstract which includes the applicant's name; title' of he project, the goals of the project, a description of the strategies to be used, major deliverables, and: coordination plans. The abstract must not exceed one.-half page, or 400-500 words: Certifications (Attachment 5) Seethe Appendix. OMB No: 1121-0323 _ . 11 ?PProval.Expires 9/30/2009.. - Review Process OJP is committed to ensuring a standardized .process for awarding grants.: The Bureau of Justice Assistance reviews the application to mai<e sure that'the information presented is :reasonable, understandable, measurable, and achievable, as well as consistent with program or legislative requirements as stated in the solicitation:. Absent explicit statutory authorization or written delegation of authority to the contrary,, aII final ;grant award decisions will :be made by the OJP Assistant Atforney General (AAG). Additional Requirements. Successful applicants selected for swards under this Recovery Act.solicitaton must agree to -corn I with additional a Iicable re uirements rior fo receivin rant fundin We strop I PY PP q P 9g 9~ _9Y encourage you to review the list below pertaining to these additional-requirements prior to submitting your application: Additienal information for""each can be found of wwwop.usdo.govirecovery/solicitationYeguirements:htm. - Civil Rights Compliance Funding to..Faith-Based Organizations .Confidentiality and Human Subjects Protection - • Anfi'-Lobbying Act ; • Fnancial:and Go.vernrrient Audit Requirements, includes. Single Audii Act Requirements • National Environmental Policy>Act (NEPA) DOJ Information-Technology Standards Single Point of Contact Re.-view • Non-Supplanting of State and Local. Funds` • Criminal"Penalty for False Statements Ce.mpliance wifh Office of Justice Programs Financial Guide . • Suspension or Termination of Funding • Non-Profit Organizations • For-Profit`Organizations • Government Performance and. Resufts Act (GPRA) • Rights in intellectual Property -..OMB No: 1121 0323.. ~ 2 Approval Expires 9/30/2009 • Federal Funding Accountability and Transparency Act (FFATA) of 2006 • Recovery Act Reporting Requirements; Section. 1512(c) of the Recovery Ac# Section 1511 of the Recovery Act: Certifications. • .Section 1602 of the Recovery Act: Preference for Quick-Start Activities. Section 1604 of the Recovery Act: Limit on Funds • Section 1605 ofi the Recovery Act: Buy American • Section .1606 of the Recovery-Act: Wage Rate Requirements • Section 16;07 of the Recovery Act: Additional Funding Distribution and Assurance of Appropriate Use of Fiands Section 1609 of the Recovery Act: Relating to National. Environmental Policy /Act 1 -OMB No. 1121-0323 ~ 3 Approval -Expires 9/30/2009 Appendix. Templates for Required Certifications Instructions: Scan'sfgned certifications and: submit image fifes electronically as part of your application package. OMB No. 1.121-0323. 14 F~pproval Expires 9/30/2009 U.S. DEPARTMENT Of JUSTICE OFFICE OF JUSTICE PROGRAMS Recovery Act -Justice Assistance Grant (JAG) Program Certification as to Recovery Act Reporting Raquire.me.nts On behalf of the .applicant entity named- be9ow, {certify-the followingto the Office of Justice Programs, U.S. Department of,Justice: i-have-:personally read and reviewed the section entitled "Accountability-and Transparency .underthe Recovery Act" in the program-announcement for the Recovery Act. grant program identified above. I have also read and reviewed section 1512(c) of fhe American Recovery. .and' Reinvestment Act of 2009 (Public `Law 111-5), concerning :reporting requirements for grants, I agree that the applicant will comply with the reporting requirements sEt forth therein with respect to any grant the applicant may receive under - the Recovery Act grant program identified above. f acknowledge that a false statement in this certification may be subject to criminal -;prosecution, including under 18 U.S.C, § 1001:. 'I also acknowledge. fhat Office of Justice .Program grants, including certifications provided in connection with such grants, are subject to review by the Office of Justice Programs, and/or by the Department of Justice's Office of the Inspector General.: I have authority to .make this certification on behalf of the applicant entity {that is, the entity applying diractly to the Office ofiJustice Programs).. Signature of Certifying Official - Printed Name of Certifying Official Title of Certifying Official -Full Name of Applicant En#ity ..Date , OM[3 No,.1121-0323. 15 APProVal'Expires 9/30/2009 U.S. D`EFARTM-ENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS :Recovery Act -Justice Assistance Grant (JAG) Program General Certification as to Requirements for Receipt of Funds for Infrastructure Investments On behalf of the applicant state or unif of local government (including tribal government) named be}ovV, I certify the following to the.Office of Justice .Programs ("OJP"); U.S. Department of ' Justice: have personally read and reviewed fhe section entitled "Eligibility" in the program annouricement for the Recovery Act grunt program named above. d also havepersonally read and reviewed section 15.11 of the American Recovery and Reinvestment Act of 2009 (the'`Recovery Act"), which requires a specific certification prior to receipt of Recovery Act .funds foC infrastructu"re investments.. - :Initial the statemen# tha# applies: The applicant identified below does not intend to use any portion of any .funds received -under this Recovery Actgrant program for any infrastructure investment. Should this intention change, the applicant will promptly notify OJP, and (except to thee-extent; if any, that OJP has given prior written.-approval to expend funds fo conduct the review grid vetting. required' by-law). will not draw down, obligate, or expend any 'funds received under this Recovery Act program for any infrastructure. investment project until section 1511 of the Recovery Act has been. satisfied, and an adequate project-specific certification has '.been executed, posted, and submitted to OJP. Th.e applicant identified below does intend `to use-some or all of any funds received under this Recovery Act grant program for one or more infrastructure .investment ,projects. Except. to the extent, if any, that OJP has given ,prior written approval to expend. funds to conduct the review and vetting required by law, I agree that the applicant entity will execute, post,:and submit to OJP, prior to obligafing, expending, :or drawing down funds for such project, a .project-specific certification that. satisfies -all of the requirements of section 1511. (including execution by the Governor; mayor, or other chief executive,"as appropriate) for each such infrastructure investment project, ;OMB No. `1121-0323 16 -Approval Expires 9/3072009. Page 2 of 2 U.S. DEPARTMENT OF JUSTICE OFFICE Of JUSTICE PROGRAMS. General Certification. as to Requirements for Receipt of Funds for Infrastructure Investments I acknowledge that ~ false statement in this_certificafion may be subject to criminal -:prosecution,, including under 18 U.S:C. §.1001.:1 also acknowledge- that-Office of Justice Program grants, including certifications provided: in connection with. such grants., are subject to review by the Office of Justice Programs `and/or by the Department of Justice's Office of the Inspector General. 1 have authority to make this certification on behalf of the applicant .(that is, the governmental entity applying directly to the Office of Justice Programs): Signature of Certifying Official Printed Name of:Certifying OffciaF Title of Certifying Official Full Name of Applicant Government .Entity . ':Date , OMB No. 1121 0323 ~ ~ .Approval Expires 9/30/2009 I State Jurisdiction Name Government Type Eligible Individual Eligible Joint Allocation Allocation CA ALAfv1EDA COUNTY ~ County ",274.,653 CA~ OAKLANDCITY Municipal ,331,1,68p CA ALAMEDA CITY ~ ~ Municipal X104,282 Cr, AEBANY CITY Municipal $24,407 CA BERKELEY CITY Municipal ~ $293,988 CA " Efv1ERYVILLE CITY M cip~,l $52 458 CA FRCId1ONTCITY sMunicipal ° $2F~5 ~89 CA Hr,YI"~JARD CITY Municipal $3i34-:`196 CA LIVERf~~QRE CITY Municipal ~~~$72;427 CA NE`s^l~=ARK CITY Municipal $96,675 CA PLEASA~~:TON CITY Municipal $35,976 CA; SAtJ LEAi~DRO CITY Municipal_ $263,400 GA ~ UNION CITY Municipal<~- $207 455.,.. GA DLI6LIN CITY M~inicipal $3J X136 $5,4084' CA BUTTE COUNTY C~ou~ity ~ a~~~6,041 CA ~ CHICO CITY ~~Municipal s1 54,522 ,'50,563 CA ,CONTRA COSTA COUNTY. County 7~?~;9,535 CA ANTIOCH CITY ~ Municipal X328,062 CA 6RENTVUOOD CITY Municipal $54,994 CA ~ CONCOP.D CITY Municipal $240,896 C,A EL CERRITO CITY : Municipal`°` $87 166 CA HERCULES CITY M~micipal' $2~ 614 CA f;1ARTINEZ CITY Municipai ~5',U'i2 CA PINOLE CITY Municipal X5,,322 CA F'ITTSBURG CITY Municipal $113,474 CA ~ICHUIOND CITY ~ Municipal $573,395 CA SAN Pl~BLO CITY Municipal $155,314 CA ~.1~ALNUT CREEK CITY - Municipal $52;7;15 CA OAKLEY CITY ~ Municipal ~ $45 iJ09 CA' DANVILLE TOWN ~ ~ Muni~~ihal ~ $15 ~ ' . CQ SAN RAMON CITY Muni~:i~~al S<<~ 1~~1 GA PLEASANT HIL`L''CITY l.~lunici'p'al 561;492 CA LAFAYETTE CITY l~lunicipal 512,203 i.2 303,718 i CA FRESNO COUNTY County $333,133 CA FRESNO CITY Municipal $1,658,376 CA' CLOVIS CITY Municipal $68,465 CA . COALINGA CITY Municipal $26,625 CA HURON CITY Municipal $25,991 CA KERMAN CITY Municipal $14,897 CA PARLIER CITY Municipal $48,119 _ CA REEDLEY CITY Municlp~~l $66,088 CA BANGER CITY' Municipal $48,972 CA SELl:1ACITY Municil.~al $45,009. ~ $2,333,675 CA 'GLENN COUNTY. County C,~, ORLAND CITY launicipal $14,7?E CA ~~1~11_LOV'JS CITY l.1urn;;ihal $15,056' ~ T29 795 ~ ~ i CA HUP~IFOLDTCOUNTY County 55~~:;4~8 GA EUREKA-CITY Municipal 594 <<+8 $154,046 i ~ CA IMPERIAL COLINTI' County $69 891,... CA EL CENTRC~ CITY Municipal _ $14J,2'a2 $219,183 i CA ~ LOS ANGELES COUNTY ~C~unty` .53;571 11~',`' CA LOS ANGELES CITY Munici al $14,279,243 State Jurisdiction Name Government Type Eligible Individual Eligible Joint All©cation Allocation CA ;ALf-IAMERA CITY ~ h~lunicipal $143;141 CA ARCADIA CITY Municipal ~ $71,159 CA A\/AEON CITY - Pil'unicipal $1 ~ 630' CA AZUCA CITY ` ~'~f(!lunicipal $9~ 347 CA 6ALD~~:~IN PARf<CITYMunicipal ~ $;1,:51;669 CA 2ELL CITY Municipal - $79',717 CA BEVERLI' HILLS CITY Municipal ` x$'67,514 CA ~ BURBANK~~I~TY Municipal $122,350, - C; ` CLAREP.-IGNT CITY Mur;~cpai ?44 GA~ COP.~PTON CITY Municipal $7~3 540 CA CUVINA CITY Municipal ,.090 CA CULVER CIT`f ~ f~Aunicipal. $c±0.836 CA CEF;RITOS CITY Iv1unicipal~' ~$7~,`;65 CA EL P~IONTECIT'~' Municipal `$320 930, CA ~EL SEGUNDG%ITY Municipal $16 `99 CA GARD6NA CITY Municii~al $2~_~ 002 CA' ~ GLENDALE CITY Municipal $17;.223 C;%; GLENDORA CITY Municipal $"~.;F99 CA HAVVTHORNE CITY Munlr_ipal,_~ $3L2,387 CA HERIaOSA6EACH CITY Municipal $28 527 CA Hl1NTINOTON PARK: CITY ~ Municipal$274,811 CA INGLc!NOOD.CITY Muni~;ipal ~ $498 273 CA LA'~KE~VOOD CITY Murncipal $195,72(, CA LA PUENTE CITY Municipal $1 1 158 CA LA VERNE CITI' Municipal $33 123 CA LONG BEACH.CITY Municipal ~ $1,623 F,68` CA LYNVVOOD CITY Municipal ~ $3;,1 ;'3`1:' CA MrjNH,=1TTAN 6E~CH CITY Municipai $27,516 CA P IAYb'IU~~D CITY Municipal $75,697 _ CA; P,1ONROVIA CITY ~ fVlunicipal - $64;503 CA MnNTE[3ELL0 C~IT~ Y ~Mun~upaf~ $127,104 CA MbNTFPEY PARK CITY Muni~:ipal ~ $80 66A CA PASADENA CITY Municipal $34".008 CA POP:~IONA CITY Municipal $5f~0,353 CA REDONDO 6EACH CITY_~ Nliinicipal $9,7,785 CA SAN FERNAN DO CITY Municipal $58.164 CA ~ SAN GA6RIEL CITY ~ P~1unicipal $~9,-7,260 CA SANTA MONICA GITY .Municipal $2,.5;287 CA SIGNAL HILL CITY f;lunicipal $30;587 CA S(~IJTH CyATE CITY "~~Municipill $2,55,159 CA SOUTH PASADENA GITY Municipal ~ n19;018 CA ''TORRANCECITY P~lunicipal $161,178 CA VERNON CITY" Mti~i 53,297 CA WEST COVINi~ CITY NI'niiapal fit34,000 ~CA - WHITTIER CITY M~micipal $152,145 CA ' DOINNEY CITY Municipal. u224,255 CA:~' MAL16U CITY Municipal-, ST1,411 CA '..WEST HOLLYWOOD CITY ~ Municipal; w1.53 7,41 CA SANTA CLARITA CITY Municipal' $174;332 CA DIAMOND EAR CITY Municipal $55,152 , CA BELLFLOWER CITY "Municipal $240 579 CA DUARTE CITY" Municipal $45,009 CA INDUSTRYCITY Municipal S5SJ,5~0 C,~~ IR~NINDALECITY Mi lcipal S1C~.618 CA NORWALK CITY Mimi ~ipal 261 ~~?3 CA PARAMOUNT CITY M~micipal $203 r32 CA PICO RIVERA CITY Mun~~~pal , , $148, 132 GA SANTA FE SPRINGS CITY Municipal` ..,$68,782 CA SOUTH CL P~IONTE CITY ~MUnici al S64.344 State Jurisdiction Name Government Type Eligible Individual Eligible Joint Allocation Allocation CA WALNUTCITY ~ Municipal 29Z CA ARTESIA CITY-'' ~ Municipal $4i ;37 Cis COMMERCECITY Municipals ?,x_5,454 CA LAWNDALE CITY. Municipal $104,124 CA BELL ~~GkRDENS CITY Municipal ~ ~ $124,093 CA CUDAHY CITY Municipal $61,175 CA LA f~JIRADA CITY Municipal $55,152 CA SAN D1~1AS CITY Mu~iicipal ` $39,621 CA TEf~1RLECITY Municipal $36,610 CA ROSE~~.JEAD-CITY fVluni~(pal $113,633 CA L~INCASTER CITY :Municipal ~ $597,643 CA AGUURi=~ HILLS CITY. Municipal $21,712 CA HAWAIIAN GARDEiJS CITY Municipal $71,318 CA LOf~l11TA CITY Municipal $50,873 CA PAL~~.~1DALE CITY Muni, ip21 $487,180 CA .CARSON CITY f~9un~cipal $327;745 RANCH~~ PALOS VERDES CA P~nunicipal $19,969 CITY LA CANADA FLINTRIDGE CA CITY M'unicipa) X11,411 $30,:5,14;178 CA MONO COUNTY County CA Mr1P~1P.JOTI I CAKF_S TOWN Municipal $16,958 $16,958 CA fv10NTFRFY000NTY County. $104,441 CA GC~NZi\LES CITY f'~Aui~icihal $19,652: CA 2FnSICiE CITY ~ f~luiiicipal $91 G~J-1 CA SOLEDAD CITY P~lunicihal $2i~,78~1 CA ~ f.~IARINACITY Municipal $3, -159 CA 'SALINP;S CITY ~ P,~lu_hicipal $5< x,31.1 CA G~REENFIELDCITY P,Junicipal $3~ ~~5i. CA ~ KING CITY - Municipal $2uSC8 CA ~ MONTEREY CITY Municipal $82,253 $940;602 ~CA NAPA COUNTY ~C;o~inty $25,991 CA NAPA CITY fVluiiicipal $15~~,~52 CA Af~4FRLC;4N CAM'ON CITY Mu,,c'pal $1'~ 592 $203,335 I CA `ORANGE COUNTY County 1 CA ANAHEIM CITY. ~ Municipal s72 , 162 CA BREA CITY ~ Municipal Sic, 1 ~5 CA BUENA PARKCITY ~ Municipal $14,160 CA COSTA MESA CITY Municipal $1c~ r3o1 CA LA PALMA CITY Municipal $14,264. CA EULLERTON CITY Municipal $210,1:~c CA GARDEN GRO~!E CITY. Municipal $33043y , CA HUNTINGTON BEACI I CIT`r ~ ..Municipal $197,946 CA LACUNA BEACH CITY pd1unicipal. $22.,505 Cl~ LA HABRA CITY Municipal; ~9:~ 0 9 Ci\ NEWPOR.T BEACH CITY Municipal w6~,1~~7. CA --OP.ANGE CITY Municipal $125,044 CA PLACENTIi?, CITI' Municipal $50,556 CA :SAN CLEi~1ENTE C~TY~" Municipal $39,779 CA SANTA ANA CITY. Municipal $917,622 CA SEAL EF_ACH CITY ~ ~Munici'pal S1'.~ 177. CA STnNTON CITY ~:~t nip ~al~ 671 U1,' CA TUSTIN CITY ~ funicipal ;%2.412 CA LAKE FOREST CITY Mimici _,al ~ $49,238 State Jurisdiction Name Government Type Eligible Individual Eligible Joint Allocation Allocation CA LAGIJNA HILLS CITY ~ Municipal 524,565 RANCHO SANTA;.. CA ~ MARGARITAS CITY Municipal $15,373 CA ALISO VIEJ~CITY Municij~al"' $16,007 CA Fd11SCIONVIEJO CITY f~.>lunicipal $41 X23 CA DANA POINT CITY r`,~1u ~icipal $2~ 723 CA LACUNA NIGUEL CITY ~~1unicipal S25333 CA ~ FOUNTAIN VALLEY CI~T`f Municipal ~ ~ 5~-1217 CA GYF'RESS CITY ~ Municipal S°~~~ 4~~1 CA LnSALAMITOS CITY. Municipal Si ~ ;13 CA ..WESTMINSTER CITY Municipal 51~~,1;654 SAN JUAN CAPISTRANO.- CA Municipal ~ 527,735 CITY C,A YORBA LINDP~ CITY Municipal $22,822 CA~ IRVINE CITY ~ M~~micipal $66,563 $ ~ 959,880 CA PLACER COUNTY C~~unty $9" 626 CA RnS-NIECE CITY I?I~anicipal .:$'1,73.~70~ $276,396• i CA SAN BENITO COUNTY County,.., $21,554. CA HOLLISTER CITY Municipal,'' $7~2~0 $96,834 SAN 6ERNARDINO CA Ccunty ?5~ 1 X57 _ UNTI' CA BARSTC~W CITY L~9unicipal X145 330 ~CA Cf IINOCITY Municipal ;$106,134 CA ~ COI_TON CITY ~ Municipal $135;662 CA FONTANA CITY .Municipal .$395,100 CA NEEDLES CITY Municipal $21,237 CA ONTARIO CITY , Municipal $432,820 CA REDLANDS CIT`. Muni ah,31 $157,216. CF1 RIALTO CITY ~ Mn ~ic:ip~al $358,015 CA SAN BERN~~RDINO CITY Miniicipal ` $1,058;197 CA UPLAND CITY Municipal $133,602 C.A CHINO I ILLS CITY IVI,u~~icpal $4~ ~ 04~ C~A' YUCCA Vi1LLEY CITY Municipal. $3r ~7S CA TWENTYNINE'PALMS CITY Municipal 54~ 009 CA HESP~ERIA CITY Municipal -$124,'568 CA HIGHLAND CITY .Municipal $120,289 CA Ai'f'LE `?ALLEY TOWN M~~nini~aL $121,874 CA YUCAIPA CITY ~ Municipal $34,074 CA MONTCLAIR CITY Muni: ipal $112,841 RANCHO CU~,AIv1vNGA CA Miiniapal _ ~ $175,917 CITI' CA GRAND TERRACE CITY fdlun~cipal $10,143 CA BIGLEAR LAKE CITY fvlunicip,al $22,505 CA VI(~TORVILLECITY fvl~inicipal $262,291 CA ADELf1NTOCITY' Municipal $61,492 CA COMA LINUA`,CITY Municipal '?;1~ X13 $4,677,019 CA ~ SAN DIEGO COUNTY County ~ $743.44c~ CA SAN DIEGO CITY Municipal $3,062,860 CP. CARLSBAD CITY P~lu~iicijial $143,111 CA ~ CHULA VISTA CITY Municipal$442;963 CA ~i2ORONADO CITY Municipal'` $1.1,252 CA EL CAJON CITY Municipal i49 CA ESCONDID.OCITY Municipal X32 ,794 CA 1~~~9RERIAL BEACH CITY Munici al $7~ 427 State Jurisdiction Name Government Type Eligible Individual Eligible Joint Allocation Allocation CA LA_MESA CITY Municipal ~10v 813 CA `.NATIONAL CITY Municipal $222,51.1 CA ~~UCEaN~IDE CITY Municipal. $448,351 CA SOLANA BEACH CITY wlunicipal~ ~ $12,045 CA ENCINITAS CITY Municipal $78,133 CA, POVVAY CITY Municipal $47 54F~'~ 'CA SANTEECITY ~ Municipal $Z~~31 CA SAN MARCOS CITY Municipal S1 ~8 ~ 72 CA \,~IST~ CITY M~ nicip^r, _$2;;3,043 CA LEf:1ON GROVE CITY Municipal ~ $76,'865 $6,469,948 CA S;~N IOAOUIN COUNTY County $468,320 CA' STOCKTON CITY v1ur r gal f ~i_i, 2013697 F $ CA LODI CITY ~~l~~niciF~al ~ $116,486 CA MANTECA CITY ~ f~lunicipal $119,814 CA RIPON CITY Ivlunici~~al $12,362 CA TRACY CITY. Municipal $66,405 CA ESCALON CITY Municipal $12,67.9 _ 332,809.,763 CA SAN NIATEU COUNTY County ~ $10~ 086' CA BURLINGAPd1E CITY Municipal $31,697 , CA D'F.LY" CIIY Municipal $137,564 CA `MENLO PARK CITY Pdlunicii.~al $37,561 CA ~ MILLBRAE CITY Municipal $1 ~ ~Ei0 CF1 REDWOOD CITY Municipal S1G2 ~88 C~A SAN BRUNO CITI' Municipal 55"~ 507 GA SAN GARLOS CITY Municipal $13,788 ~CA SF,N MATEOCITY Mu~7~~i}~~i $163,872 SOUTH SAN. FRANCISCO CA CITY Municipal $92,238 GA RACIFICA CITY Municipal $33,123 CA FAST PALO ALTO CITY ~-Municipal $155~7~0 Cr; FOSTER CITY Municipal °$1 $1,026,501 I CA SANTA BARBARA COUNTY County $86;215` CA LOMPOC CITY Municipal $116,486 CA SANTA BARBARA CI I Y ~ ~fVlunicipal $231,862 CA SANTA MARIA CI1Y Municipal $308,568 CA GOLETA CITY Municipal ..$21,564 CA CARPIM LRIACITI' Municipal$12.520 $777,205 CA SANT~A'CL'ARA COUNTY ~ County ~ $166,091 CA CAMP6ELL CITY f~3unicipal ~ $39,462 LA CUPERTINO Cll G:~lunicipal $34,549 CA GILROY Cll'Y Municipal $108,878 CA LOS GATOS IOVVN Municipal $16,958 CA MILPITAs CJTY 'Municipal $88117 CA MORGAN HILGCITY Municipal ;;3 ,31.~'~' CA' .MOUNTAIN VIEW CITY ~Municlpal 813. 126 CA PALO ALTO CITY Municipal ~ $~4,~9,1 CA SAN JOSE. CITY Municipal $1,713,528 CA SANTA CLA~A CITY Municipal 595.249 CA ~ SUNNYVALE CITY ~ P,~l~inicipal S~~i ~6- CA SARATOGACLLY ~~1~uiiieipal S1 ?.045 $2,565,061 CA SANTA CRUZ COUNTI' County $137.72' CA SANTA CRUZ CITY Municipal $219.10s t ~5G ~a~~6 State Jurisdiction Name Government Type Eligible Individual Eligible Joint Allocation Allocation CA SHASTACOUNTY County $127,4?1 CA REDDING CITY Municipal $2~'C 768 $3'48;189 CA SOLANO~COUNTY County;`' $760;2`' CA 6ENICIA CITY Municipal ;$;27,893 CA DIXON CITY ~ ~Auni~ipal $35,133 CA FAIRFtELD'rIT`F Iv1unicipal ~~$296,523 CA ~ SUISUN~CITY Municipal $60,382 GA VACAVILLC CITY Municipal $127 580 CA VALLCJO CITY ~ Municipal $391,297 ~ $1.01p,~~~30 CA ' SO~1'OMACOUNTY County $27^,090 CA SANTP, ~;OSA CITY Municipal; $q`,?8,212 $704,302 i " CA STANISLAUS COUiJTY~- C~~inty 5-+13,009 CA f?IODESTOCITY Munici al ~ £6h34 36 1 082 445. _ p I $ . CA ~ SUTTERCOUNTY ~ .County $6~~,574 CA YUBACITY ~~~~Municipal $1(~~3'd5 ~~17~.819 CA--~' TULARG COUNTY County $2:,-,6; 7 CA VISALIAC,TY ~ Munici al 4'1U_c~4q P c;A DINU6A C TY Municipal $7~~ e 6 _ ~ CA EriCTE~R CITY Municipal; ' ~ $20 C+20~~~ C;.1 ~ LINDS/~Y CITY M r~c;pnl" $~33 036 CA PORTERVILLE CITY ~ ' M~inicipal $120,153 CA, ~ TULARE ~,ITY ` (Municipal ~ $214,587 CA ~ WOODLAKC CITY 'M'unicipal $1? 0~7 CA' ' FARMERSVILLE CITY Municipal $23 314' $1,170,879 I CFA ~ VENTURACOUNTY ~ Cr~unty~' $~~1,6C14 C!~ f-ILLf~-101~E CITY. M~micii-~al ~2~,893 C~A OXNARD CITY Mun~~ipal~ 298,746 CA PORT HUENENIC CITY Municipal . $48,021 CA fiHN BUENAVENTUR~; CITY Nlun~icipal $158,484 CA SP,NTA PAULA CITY f.lunicipal $46,753 CA ~c100RPARKCITY P~qunicipal $20,761 CA CAMAR.ILLO CITY Municipal $47,862 ` CA ~ THOUSF~ND OAKS CITY ' Municipal ~ $79,559 CA SIMI~VALLEY CITY Municipals $87 483 $1,007 166 CA YOLO COUNTYCounty $15,373 CA ~ DAVISCITY ~ f,.1unicipal $96,675 C,4 WOODLHND CITY P;lunicipal $67,197 CA WEST SACRAMENTO CITY' Municipal- $183 841 $363 086 CA AMADOR COUNTY _ County $36,927 CA ANDERSON CITY Municipal _ $22,346 CA ARCATA CITY Municipal $24,407 CA ARROYO GRANDE CITY Municipal _ $18,543. CA ARVIN CITY Municipal $34,391 _ CA ATASCADERO CITY Municipal $46,119 CA ATWATER CITY Municipal. $48,655 CA AUBURN CITY Munici al $26,784 CA AVENAL CITY Munici al $22,663 CA BAKERSFIELD CITY Municipal _ $830,773 CA BANNING CITY Munici al $95,724 State Jurisdiction Name Government Type Eligible Individual Eligible Joint Allocation Allocation CA _ BEAUMONT CITY Municipal $30,112 _ _CA _ _ BISHOP CITY Municipal $10,777 _ CA _ _ BLYTHE CITY Municipal $58,322 _ _ _ CA_ BRAWLEY CITY Municipal $33,440 CA CALAVERAS COUNTY County $35,659 CA CALEXICO CITY Munici al $55,311 CA CALIFORNIA CITY Munici al $25,516 _ CA CAPITOLA CITY Municipal $34,233 CA CATHEDRAL CITY Municipal $109,195 CA CERES CITY Municipal $85,898 CA CHOWCHILLA CITY Municipal $14,897 CA CLEARLAKE CITY Municipal _ $30,746 _ CA _ CLOVERDALE CITY Municipal $14,739 _ CA COACHELLA CITY Municipal $112,841 CA COLUSA COUNTY County $16,482 CA CORCORAN CITY Municipal $26,625 CA CORNING CITY Municipal $24,090 CA CORONA CITY Municipal $156,741 CA COTATI CITY Munici al $21,237 CA CRESCENT CITY Munici al $17,433 CA DEL NORTE COUNTY County $30,112 CA DELANO CITY Municipal $131,225 CA DESERT CO~SPRINGS Municipal $131,383 CA DOS PALOS CITY Municipal $1.8,384 CA i EL DORADO COUNTY County $153,888 CA EL PASO DE ROBLES CITY Municipal $48,338 CA FOLSOM CITY Municipal $45,009 CA FORT BRAGG CITY Municipal $19,969 CA FORTUNA CITY _ Municipal $10,777 _ CA _ GALT CITY Municipal $38,512 CA ~ GRASS VALLEY CITY Municipal $34,866 CA GRIDLEY CITY Municipal $28,527 CA GROVER BEACH CITY Municipal $26,150 CA GUSTINE CITY Municipal $11,252 CA HANFORD CITY Municipal $83,521 CA HEMET CITY Municipal $218,708 CA INDIO CITY Municipal $163,872 CA INYO COUNTY County $35,659 CA JACKSON CITY Municipal $17,275 CA .KERN COUNTY County $875,465 CA KINGS COUNTY _ County $64,028 CA LA QUINTA CITY Municipal $69,416 CA LAKE COUNTY County $89,385 CA LAKE ELSINORE CITY Municipal $88,276 CA LASSEN COUNTY County _ $20,127 CA LEMOORE CITY Munici al $39,304 CA _ _LINCOLN CITY Munici al $25,040 _ _ CA LIVINGSTON CITY _ Municipal $37,085 CA LOS BANGS CITY Municipal $100,479 CA MADERA CITY Municipal $197,946 CA MADERA COUNTY County $144,220 CA MARIN COUNTY County $75,755 CA MARIPOSA COUNTY County $24,565 CA MARYSVILLE CITY Municipal $65,137 CA MENDOCINO COUNTY County $151,511 CA MERGED CITY Municipal $283,052 CA MERGED COUNTY Count $225,364 State Jurisdiction Name Government Type Eligible Individual Eligible Joint ~ Allocation Allocation CA MORENO VALLEY CITY Munici al $435,672 CA MURRIETA CITY Munici al $55,945 CA NEVADACOUN'fY County $74,170 CA NEWMAN CITY Municipal $11,252 _ CA _ NORCO CITY Municipal _ $41,681 _ _ CA NOVATO CITY Municipal $60,858 CA OAKDALE CITY Municipal $22,346 _ CA OROVILLE CITY Municipal $78,767 CA PALM DESERT CITY Municipal $64,344 _ CA PALM SPRINGS CITY Municipal $151,986 CA PARADISE TOWN Municipal _ $22,822 CA PATTERSON CITY Municipal $18,543 CA _ PERRIS CITY Municipal $151,511 CA PETALUMA CITY Municipal $103,332 CA PISMO BEACH CITY _ Munici al $16,482 CA PLACERVILLE CIT_Y_ Municipal $24,248 _ CA PLUMAS COUNTY County $34,233 CA _ _ RANCHO MIRAGE CITY _ Municipal _ $15,214 CA_ _ RED BLUFF CITY _ Municipal $71,318 _ _ CA RIDGECREST CITY Municipal $63,394 _ CA RIVERBANK CITY Municipal $23,931 _ CA RIVERSIDE CITY Munici al $928,874 _ CA RIVERSIDE COUNTY County $1,028,719 _ _ CA ROCKLIN CITY Munici al $38,829 CA ROHNERT PARK CITY Municipal $114,425 CA SACRAMENTO CITY Municipal $2,527,660 CA SACRAMENTO COUNTY County _ $1,936,990 CA _S_AN ANSELMO TOWN Municipal $12,679 _ _ CA SAN FRANCISCO CITY AND Municipal $3,000,418 COUNTY CA SAN_JACINTO CITY Munici al $66,088 _ CA ~ SAN LUIS OBISPO CITY__ Munici al $78,925 - - - CA SAN LUIS OBISPO COUNTY County ,$103,015 CA SAN RAFAEL CITY Munici al $109,195 CA SHAFTER CITY Munici al $28,844 _ CA ' SISKIYOU COUNTY County $27,893 CA _ SONOMA CITY Municipal $18,226 CA SOUTH LAKE TAHOE CITY Municipal $70,050 _ CA_ SUSANVILLE CITY Municipal _ $26,467 CA TAFT CITY Municipal $16,641 _ CA TEHAMA COUNTY _ County $118,387 CA TEME_CULA CITY _ Municipal $119,338 CA TRINITY COUNTY _ County $12,679 CA TRUCKEE CITY Municipal $20,920 CA TUOLUMNE COUNTY County $55,945 _ CA TURLOCK CITY Municipal $212,210 CA UKIAH CITY Municipal $46,119 CA WATERFORD CITY Municipal $19,652 CA WATSONVILLE CITY Munici al $148,658 CA WILLITS CITY Munici al $17,592 _ CA WINDSOR TOWN_ Municipal $41,206 _ _ CA _ YREKA CITY Municipal _ _ $21,237 CA YUBA COUNTY County $98,735 _ Local total $89.271.2;677 State of California $135,641,945 State Jurisdiction Name Government Type Eligible Individual Eligible Joint Allocation Allocation Grand total for C~lornia` $22 354':622 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 26, 2010 TO: Jerry Winegar, Lieutenant FROM: Willard Yamaguchi, City Clerk RE: Subrecipient Agreement - American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Transmitted herewith is a copy of the fully executed agreement. referenced above, which was approved by City Council on June 29, 2009. wY : dj c: Resolution No, 9949, 9989, 10,055 .Agreement No. 10,059 ~I OF SUS q1'C v ~GNDED OFFICE OF THE MAYOR ANTONIO R. VILLARAIGOSA April 21, 2010 The Honorable Hilario Gonzales Mayor City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 RE: Subrecipient Agreement: C-117131 - ARRA .JAG Grant 2009 Dear Mayor Gonzales, Enclosed, please find the executed Subrecipient Agreement between the City of Los Angeles and the City of Vernon for your records. Should you have any questions relative to this matter, please contact Thalia Polychronis, Grant Specialist at (213) 978-0825 or myself at (213)978-2619. Thank you. Very truly yours, Te Grant Analyst Office of the Mayor Homeland Security and Public Safety Enclosure cc: Donal O'Calleghan, City Administrator ZOO NORTH SPRING STREET LOS ANGELES, CALIFORNIA 90012 PHONE: (213) 978-0600 FAX: (213) 978-0750 EMAIL: MAYORG°~LACITY.ORG SUBRECIPIENT AGREEMENT Jurisdiction:. City of Vernon Title: American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program ~1i7~.~~ City Contract Number TABLE OF CONTENTS Section Description Page INTRODUCTION §101. Parties to the Agreement 2 §102. Representatives of the Parties and Service of Notices 2 §103. Independent Party 3 §104. Conditions Precedent to Execution of This Agreement 3 II. TERM AND SERVICES TO BE PROVIDED §201. Time of Performance 4 §202. Use of Grant Funds 4 III. PAYMENT §301. Payment of Grant Funds and Method of Payment 6 IV. STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein 8 §402. Applicable Law, Interpretation and Enforcement 8 §403. Integrated Agreement 8 §404. Excusable Delays 8 §405. Breach 9 §406. Prohibition Against Assignment or Delegation 9 §407. Permits ...............................................................................................................9 §408. Nondiscrimination and Affirmative Action 9 §409. Los Angeles City Business Tax Registration Certificate ..................................10 §410. Bonds .............................:.................................................................................10 §411. Indemnification .................................................................................................10 §412. Conflict of Interest ............................................................................................11 §413. Insurance .........................................................................................................13 §414. Restriction on Disclosures ...............................................................................13 §415. Statutes and Regulations Applicable To All Grant Contracts ...........................13 §416. Federal, State and Local Taxes 26 §417. Inventions, Patents and Copyrights 26 §418. Living Wage Ordinance Service Contractor Worker Retention and Living Wage Policy 28 §419. Earned Income Tax Credit 28 JAG ARRA Subrecipient Agreement j §420. Equal Benefits Ordinance 28 §421.Contractor Responsibility Ordinance 28 §422. Slavery Disclosure Ordinance 28 §423. Child Support Assignment Orders 28 §424. Minority, Women, and Other Business Enterprise Outreach Program 28 V. DEFAULTS, SUSPENSION, TERMINATION. AND AMENDMENTS §501. Defaults ............................................................................................................29 §502. (This section intentionally left blank.) 29 §503. (This section intentionally left blank.) 29 §504. (This section intentionally left blank.) 29 §505. Amendments ....................................................................................................29 VI. ENTIRE AGREEMENT §601. Complete Agreement 30 §602. Number of Pages and Attachments 30 Execution (Signature) 31 JAG ARRA Subrecipient Agreement II EXHIBITS Exhibit A Insurance (Not applicable to this Agreement) Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit C Certification Regarding Lobbying Exhibit D Certification Regarding Drug Free Requirements Exhibit E Job Creation Worksheet and Jobs Guidance Exhibit F Internet Resources for Recovery Act JAG 09 Exhibit G Modification Request Form Exhibit H Grant Special Conditions ATTACHMENT 1 Budget/Expenditure Plan JAG ARRA Subrecipient Agreement ili AGREEMENT NUMBER OF CITY CONTRACTS BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City"), and City of Vernon, a municipal corporation (the "Subgrantee" or "Subrecipient"). WITNESSETH WHEREAS, the U.S. Department of Justice ("DOJ" or "Grantor"), through its Office of Justice Programs ("OJP") Bureau of Justice Assistance ("BJA"), has provided financial assistance to the City and 76 disparate participating jurisdictions within the County of Los Angeles through the Fiscal Year (FY) 2009 Recovery Act Justice Assistance Grant program ("Recovery Act JAG 09") in the amount of $30,514,178, such grant having been accepted by the City Council (C.F.09-0648-S5,-dated 11/05/09); and WHEREAS, this financial assistance is administered by the City of Los Angeles as fiscal agent for the Recovery Act JAG 09 Grant (the "Grant'); and WHEREAS, this financial assistance is being provided to support all components of the criminal justice system for the participating jurisdictions, with each jurisdiction's allocations to be used for activities and projects that will provide meaningful and measureable outcomes consistent with the goals of American Recovery and Reinvestment Act of 2009 (the "Recovery Act"); and WHEREAS, the Subrecipient is one of the 77 participating jurisdictions; and WHEREAS, the City has designated the Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office") to provide for the proper monitoring of the funding and administration of the Recovery Act JAG 09 Grant; and WHEREAS, the Mayor's Office now wishes to distribute the Recovery Act JAG 09 Grant funds allocated to the Subrecipient as a participating jurisdiction as further detailed in this Agreement; and WHEREAS, the City and Subrecipient are desirous of executing this Agreement as authorized by the City Council and the Mayor (refer to Council File Number 09-0648- . S5 dated 11/20/09) which authorizes the City to prepare-and execute the Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the City and the Subrecipient (each a "Party" and collectively, the "Parties") agree as follows: JAG ARRA Subrecipient Agreement 1 . INTRODUCTION §101. Parties to the Agreement The Parties to this Agreement are: A. The City of Los Angeles, a municipal corporation, having its principal office at 200 North Spring Street, Los Angeles, California 90012; and B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa Fe Avenue, Vernon, California 90058 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Los Angeles shall be, unless otherwise stated in the Agreement: Eileen Decker, Deputy Mayor- Office of the Mayor, Homeland Security and Public Safety 200 N. Spring Street, Room M-180 Los Angeles, CA 90012 Phone: (213) 978-0687 Fax: (213) 978-0718 2. The representative of City of Vernon shall be: Hilario Gonzales, Mayor 4305 Santa Fe Ave. Vernon, CA 90058 Phone: (323) 583-8811 with a copy to: Donal O'Callaghan, City Administrator 4305 Santa Fe Ave. Vernon, CA 90058 Phone:. (323) 583-8811 ext. 398 JAG ARRA Subrecipient Agreement 2 B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Party Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the City. No employee of Subrecipient, is, or shall be an employee of the City virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City. §104. Conditions Precedent to Execution of This Agreement Subrecipient shall provide copies of the following documents to the City of Los Angeles, unless otherwise exempted. A. This Section is Left Intentionally Blank B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with §415L of this Agreement and attached hereto as Exhibit B and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with §415C of this Agreement and attached hereto as Exhibit C and made a part hereof. .Subrecipient shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by City of Vernon. D. Certification Regarding Drug Free Workplace Requirements in accordance with §415.A.13 of this Agreement and attached hereto as Exhibit D and made a part hereof. JAG ARRA Subrecipient Agreement 3 II. TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on March 1, 2009 and end February 28, 2013, and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A. Subrecipient's allocation and use of funds under this Grant shall comply and be in accordance with, and subject to, the guidance and requirements set forth in the following documents: (1) the Office of Justice Programs (OJP) Financial Guide 2008, (2) OJP Procurement Procedures Guide, (3) Office of Management and Budget (OMB) Implementing Guidance for the Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009, (4) Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation, (5) Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program Frequently Asked Questions, (6) OJP Recovery Act Additional Requirements, (7) OMB Recipient Reporting Data Model, (8) Calculating ;and Reporting Job Creation and Retention for Recipients of Recovery Act Funding from Office of Justice Programs; Office on Violence Against Women, .and Office of Community Oriented Policing Services, and (9) this Agreement. As a convenience, Exhibit F to this Agreement sets forth website addresses at which the above set forth documents may be found. Subrecipient shall use funds under this Grant to support the goals and objectives included in the Recovery Act and the Recovery Act JAG 09 program as well as the activities, objectives and goals identified as part of the Subrecipient's requested allocation in the Recovery Act JAG 09 application as approved by the Grantor. B. Subrecipient and the City have previously completed a mutually approved Budget/Expenditure Plan attached hereto as Attachment 1 (the "Budget"). The Budget contains a detailed listing of items for expenditure under the terms of this Agreement, and Subrecipient shall use the funds disbursed under this Agreement only for such items. Any request by Subrecipient to modify the Budget must be made in writing and must be approved in writing by the Parties during the term of this Agreement. 1. Any request by Subrecipient to modify the Budget must be made in writing and accompanied by a completed Modification Request Form, attached hereto as Exhibit G. All modification requests must be approved in writing by the City during the term of this Agreement. 2. Budget modification requests must be submitted to the City no later than 30 days before the end of each fiscal quarter for which modification is sought. Submissions made after the deadline will be returned to the JAG ARRA Subrecipient Agreement 4 Subrecipient and will not be accepted until the following submission period. The City will notify the Subrecipient in writing if modification requests are inaccurate and/or incomplete. Inaccurate and/or incomplete modification requests shall be returned to the Subrecipient for revision and shall be accepted by the City in writing when modification requests are accurate and complete. Subrecipient shall not expend any Grant funds on modified budget items until such modification is approved by the City and Grantor. 3. Final modification requests must be submitted to the City no later than 90 days prior to the end of the grant period to provide the City time to meet Grantor requirements. At that time, any unexpended funds may be re- directed to other needs as directed or approved by the Grantor. C. Grantor may approve grant extensions to Time of Performance at its sole discretion. Any request by Subrecipient to extend Time of Performance must be made in writing to the Mayor's Office. All extension requests must be approved by Grantor in writing during the term of this Agreement. D. Grant extension requests must be submitted to the City no later than 90 days before the end of the applicable Grant performance period deadline. Grant extension requests made after such 90 days date will be returned to the Subrecipient and will not be accepted. The City will notify the Subrecipient in writing if project extension requests are inaccurate and/or incomplete. Inaccurate and/or incomplete project extension requests shall be returned to the Subrecipient for revision and shall be accepted by the City when project extension requests are accurate and complete. JAG ARRA Subrecipient Agreement 5 III. PAYMENT §301. Payment of Grant Funds and Method of Payment A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount of twenty one thousand and seventeen dollars and seventy three cents ($21,017.73) to be used for the funding of activities as described in §202 above and as set forth in the Budget. Such Grant amount represents the amount allocated to Subrecipient in the Recovery Act JAG 09 Grant by Grantor. Subrecipient agrees to obligate and expend the Grant funds in the trust fund (including any interest earned) during the period of the Grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the City to be returned to the Grantor no later than 90 days after the end of the Grant period, along with the final submission of the Federal Financial Report (FFR Form 425). Disbursement of such funds shall be made up on execution of this Agreement and receipt of Grant funds by the City from the Grantor. B. Notwithstanding anything to the contrary in this Agreement, Subrecipient shall prepare, maintain, and provide to the City on a quarterly basis, any and all invoices, purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and any other supporting documentation necessary to fully and accurately describe and support the use of Grant funds under this Agreement. All such documentation shall be submitted to the City commencing on the 5t" day of January, April, July and October until the end of the Grant term. Such documentation shall be sufficient to fully and accurately describe and support the use of Grant funds for such quarter for which documentation is provided, all in accordance with the Recovery Act JAG 09 Grant requirements (the "Payment Information") and applicable Federal, State and City audit and review standards and requirements. The City may request, in writing, changes to the content and format of such documentation at any time, and the City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. Documents shall be submitted to the attention of: Charles De Cuir, Financial Management Unit Director Mayor's Office of Homeland Security & Public Safety 200 N. Spring Street, Room M185 Los Angeles, CA 90012 C. Interest Income: Subrecipient must account for all- interest income earned from the Recovery Act JAG 09 Grant. In accordance with OJP financial guidelines, interest earned on JAG funds is considered program income, and must be expended only on allowable purpose areas under these programs. Subrecipient will maintain records of and account for any interest earned on Recovery Act JAG funds. In order to reprogram and expend interest earned, Subrecipient must JAG ARRA Subrecipient Agreement g submit a Budget Modification Request to the City for approval prior to expending the interest amount. Interest earned not expended by the close of the Grant period must be returned to the City to be returned to the grantor no later than 90 days after the end of the Grant. period. D. It is understood that the City makes no commitment to fund this Agreement beyond the terms set forth herein. E. (This section intentionally blank.) F. Funding for all periods of this Agreement is subject to the continuing availability to the City of federal funds for this program. The Agreement may be terminated immediately upon written notice to Subrecipient of a loss or reduction of federal grant funds. II i JAG ARRA Subrecipient Agreement 7 Iv. STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Subrecipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the City, including but not limited to, laws. regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California and the City without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. In any action arising out of this Agreement, Subrecipient consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts located in Los Angeles County, California. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein. §404. Excusable Delays In the. event that performance on the part of any party hereto is delayed or suspended as a result of circumstances beyond the reasonable control and. JAG ARRA Subrecipient Agreement $ without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder include, but are not limited to, acts of God or of the public enemy; insurrection; acts of the Federal .Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation, to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays as described in §404 herein, if any party fails-to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation Subrecipient may not, unless it has first obtained the written permission of the City: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits Subrecipient and its directors, supervisors, officers, agents, employees and contractors/subcontractors, to the extent allowed hereunder, shall obtain and maintain all licenses, permits, certifications and other documents necessary for Subrecipient's performance hereunder and shall pay any fees required therefore. Subrecipient certifies to immediately notify the City of any suspension, termination, lapses, non-renewals or restrictions of licenses, permits, certificates, or other documents. §408. Nondiscrimination and Affirmative Action A. Subrecipient shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the City. In performing this Agreement, the Subrecipient shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, JAG ARRA Subrecipient Agreement g I I domestic partner status, or medical condition. The Subrecipient shall comply with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). B. The Subrecipient shall comply with the provisions of the Los Angeles Administrative Code §§10.8 through 10.13, to the extent applicable hereto. If this Agreement contains a consideration in excess of $1,000 but not more than $100,000, the Equal Employment practices provisions of this Agreement shall be the mandatory contract provisions set forth in Los Angeles Administrative Code §10.8.3, in which event said provisions are incorporated herein by this reference. If this Agreement contains a consideration in excess of $100,000, the Affirmative Action Program of this Agreement shall be the mandatory contract provisions set forth in Los Angeles Administrative Code §10.8.4, in which event said provisions are incorporated herein, by this reference. Subrecipient shall also comply with all rules, regulations, and policies of the City's Board of Public Works, Office of Contract Compliance relating to nondiscrimination and affirmative action, including the filing of all forms required by City.- C. Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. §409. Los Angeles City Business Tax Registration Certificate Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1, Chapter 2, §21.00 et seq., of the Los Angeles Municipal Code) is not applicable. §410. Bonds Duplicate copies of all bonds, which may be required hereunder, shall conform to City requirements established by Charter, ordinance or policy and shall be filed with the Office of the City Administrative Officer, Risk Management for its review and acceptance in accordance with Los Angeles Administrative Code §§11.47- - 11.56. §411. Indemnification Each of the parties to this Agreement is a public entity. In contemplation of the provisions of §895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by §895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in §§895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of §895.2 of said Code. To achieve the above-stated purpose, each JAG ARRA Subrecipient Agreement 10 i party indemnifies and holds harmless the other party solely by virtue of said §895.2. The provision of §2778 of the California Civil Code is made a part hereto as if fully set. forth herein. Subrecipient certifies that it has adequate, self insured retention of funds to meet any obligation arising from this Agreement. A. Pursuant to Government Code §§895.4 and 895.6, the parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement. B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code §895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code §895. C. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code §2778 regarding interpretation of indemnity agreements are hereby incorporated. §412. Conflict of Interest A. Subrecipient covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. JAG ARRA Subrecipient Agreement 11 2. The term "financial or other interest" includes but is not limited to: ~ a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. (This section intentionally left blank.) D. The Subrecipient further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). E. The Subrecipient shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Subrecipient. F. Prior to obtaining the City's approval of any subcontract, the Subrecipient shall disclose to the City any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. G. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the City of Los Angeles, State of California, and Federal regulations regarding conflict of interest. H. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. I. The Subrecipient covenants that no member, officer or employee of Subrecipient shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. J. The Subrecipient shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "Contractor" and "sub subcontractor" for "Subcontractor". JAG ARRA Subrecipient Agreement 12 §413. Insurance This section is not applicable to this Agreement, and is intentionally left blank. §414. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code §6250 et seq.). §415. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient shall comply with all applicable requirements of state, federal, County and City of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Management and Budget (OMB) Circulars Subrecipient shall comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational Institutions}; OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-110. (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations); OMB Circular A-122 (Cost Principles for. Non-Profit Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations. 2. Single Audit Act If Federal funds are used in the performance of this Agreement, Subrecipient shall adhere to the rules and regulations of the Single Audit Act, 31 U.S.C. §7501 et seq.; City Council action dated February 4, 1987 (C.F. No. 84 2259 S1); and any administrative regulation or field memos implementing the Act. 3. Americans with Disabilities Act Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act 42, U.S.C. §12101 et seq., and, its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to JAG ARRA Subrecipient Agreement 13 participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the Subrecipient, relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Sectarian Activitv Prohibited a. 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. Subrecipient shall not use any funds provided under this Agreement, either directly or indirectly, in support of enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. b. If this Agreement provides for more than $100,000.00 in grant funds or more than $150,000 in loan funds, Subrecipient shall submit to the City a Certification Regarding Lobbying and a Disclosure Form, if required, in accordance with 31 U.S.C. §1352. A copy of the Certificate is attached hereto as Exhibit C. No funds will be released to Subrecipient until the Certification is filed. c. Subrecipient shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient shall require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection a. At any time during normal business. hours and as often as the City, the U.S. Comptroller General and the Auditor General of the State of California may deem necessary, Subrecipient shall make available for examination all of its records with respect to all matters covered by this Agreement. The City, the U.S. Comptroller General and the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. JAG ARRA Subrecipient Agreement 14 b. Subrecipient agrees to provide any reports requested by the City regarding performance of the Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the City with respect to all matters covered on file for all documents specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of five (5) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The City may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the City. 7. Subcontracts and Procurement Subrecipient shall comply with the federal and Subrecipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Subrecipient shall ensure that the terms of this Agreement with the City are incorporated into all subcontract agreements. Subrecipient shall submit all subcontract agreements to the City for review prior to the release of any funds to the subcontractor. Subrecipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective subcontract agreement. 8. Labor a. Subrecipient shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 CFR 900, Subpart. F). b. Subrecipient shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a - 276a-7), the Copeland Act (40 U.S.C. §§276c and 18 U.S.C. §874), the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements, and the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328). JAG ARRA Subrecipient Agreement 15 c. Subrecipient shall comply with the Federal Fair Labor Standards Act (29 U.S.C. §201) regarding wages and hours of employment. d. None of the funds shall be used to promote or deter Union/labor organizing activities in accordance with California Government Code §16645 et seq. 9. Civil Rights Subrecipient shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) §504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental a. Subrecipient shall comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. b. Subrecipient shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National JAG ARRA Subrecipient Agreement 16 i Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under §176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234). c. Subrecipient shall comply with all applicable Federal, State, and local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require re-evaluation of compliance with these EHP requirements. d. Subrecipient shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. e. Subrecipient shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. f. Subrecipient shall comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. g. Subrecipient shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. h. By signing this Agreement, Subrecipient ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq. and is not impacting the environment negatively. JAG ARRA Subrecipient Agreement 17 i. Subrecipient shall comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). j. Subrecipient shall comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. §3501 et seq.) which prohibits the expenditure. of most new Federal funds within the units of the Coastal Barrier Resources System. k. Subrecipient shall assist the City and OJP Bureau of Justice Assistance ("BJA") in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these Grant funds. 11. Preservation Subrecipient shall comply with §106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.). 12. Suspension and Debarment Subrecipient shall comply with Federal Register, Volume 68, Number 228, regarding Suspension and. Debarment, and Subrecipient shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the City concurrent with the execution of this Agreement and shall certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department head or agency. Subrecipient shall require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors shall certify accordingly. 13. Drua-Free Workplace Subrecipient shall comply with the federal Drug-Free Workplace Act of 1988, 41 U.S.C. §701, 28 CFR Part 67 and the California Drug-Free Workplace Act of 1990, CA Gov't Code §§8350-8357. 14. Miscellaneous Subrecipient shall comply with the Laboratory Animal Welfare Act of 1966, as amended. (P.L. 89-544, 7 U.S.C. §2131 et seq.). Pursuant to the Consolidated Appropriations Act of 2008 (P.L. 110-161) grant funds must not be used in contravention of the federal buildings performance and reporting requirements of EO 13123, part 3 of title V of the National Energy Conservation Policy Act (42 U.S.C. §8251 et seq.) or subtitle A of JAG ARRA Subrecipient Agreement 18 title I of the Energy Policy Act of 2005 (including the amendments made thereby), nor shall grant funds be used in contravention of §303 of the Energy Policy Act of 1992 (42 U.S.C. §13212). B. Statutes and Regulations Applicable To This Particular Grant Subrecipient shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular Grant program. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372; Department of Justice (DOJ) Office of Justice Programs (OJP) current edition of Financial Guide; OJP Procurement Procedures Guide; Office of Management and Budget (OMB) Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009; OMB Implementing Guidance for the Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009 and any supplements thereto; OJP Recovery Act: Edward Byrne Memorial Justice Act Grant (JAG) Formula Program: Local Solicitation and the application submitted thereto; OJP Recovery Act Additional Requirements; OJP Recovery Act: Edward Byrne Memorial Justice Act Grant (JAG) Frequently Asked Questions; OMB Recovery Act: Webinar Training Materials; DOJ Bureau of Justice Assistance (BJA) Pen`ormance Measurement Tools and JAG Pen`ormance Measures; and DOJ Office for Civil Rights Regulations. 2. Standardized Emergency Management System (BEMs) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, §8607.1 (e) and CCR Title 19, §§2445- 2448. All equipment and software purchased or developed under this Agreement must be compliant with U.S. Department of Justice information technology interface standards, including the National Criminal Intelligence Sharing Plan, the Global Justice XML Data Model, and the Law Enforcement Information Sharing Plan (LEISP). 3. Provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 46, Protection of Human Research Subjects; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, JAG ARRA Subrecipient Agreement 1 g Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub- . awards) with Institutions of Higher Learning, Hospitals and other Non- profit Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants). 4. Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. §3789(d), or the Juvenile Justice and Delinquency. Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable federal laws, orders, circulars, or regulations. 5. Requirements of the Genetic Information Nondiscrimination Act of 2008; confidentiality requirements of 42 U.S.C. §3789g and 28 CFR Part 22 that are applicable to collection; use and revelation of data and information. 6. Subrecipient shall take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency in accordance with Federal Department of Justice guidance pertaining to Title VI of the Civil Rights Act of 1964. 7. Subrecipient shall promptly refer to the City and Grantor any credible evidence that a principal,. employee, agent, contractor, subcontractor, or other person has either (a) submitted a false claim for grant funds under the False Claims Act; or (b) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving grant funds. 8. To avoid duplicating existing networks or IT systems in any initiatives funded by Grantor for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, any such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless Subrecipient can demonstrate to the satisfaction of Grantor that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 9. Subrecipient shall comply with all reporting, data collection and evaluations requirements, as prescribed by law and detailed by Grantor in program guidance for the JAG program. 10. Subrecipient shall ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this Grant during the performance period for the Grant. JAG ARRA Subrecipient Agreement 20 11. Subrecipient agrees that the funds received under this Agreement will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. ' C. Recovery Act Requirements Subrecipient understands and agrees that the Grant funds received under this Agreement is authorized by the Recovery Act. The stated purposes of the Recovery Act are: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; and to stabilize state and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. The Recovery Act places great emphasis on accountability and transparency in the use of taxpayer dollars. Subrecipient shall comply with all applicable requirements, regulations and guidance of the Recovery Act as it relates to this Grant and the performance of this Agreement. Such requirements, regulations and guidance include, but are not limited to, the following: 1. Subrecipient is required to establish a trust fund account for the Grant funds received under this Agreement. Such fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of either the JAG program or the Recovery Act JAG .program. Subrecipient agrees to obligate and expend the Grant funds in the trust fund (including any interest earned) during the period of the Grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the City to be returned to the Grantor no later than 90 days after the end of the Grant period, along with . the final submission of the Federal Financial Report (Form 425). 2. Subrecipient understands and agrees that Grantor (including OJP and the Office of the Inspector General (OIG)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act Grant, including such records of any contractor or subcontractor. Subrecipient also understands and agrees that Grantor and GAO are authorized to interview any officer or employee of the Subrecipient (or of any contractor or subcontractor) regarding transactions related to this Recovery Act Grant 3. Subrecipient understands and agrees that this Recovery Act Grant award is a one-time award, and accordingly, that Subrecipient's proposed project activities and deliverables are to be accomplished without additional Grantor funding. JAG ARRA Subrecipient Agreement 21 4. Though Recovery Act funds may be .used in conjunction :with: other non- Recovery Act grant funding sources to assist in the completion of the .same or similar projects, :Recovery Act funds .may not be commingled with such other funds, and the tracking and reporting of Recovery Act-funds must be separate. Thus, Subrecipient agrees to track, account for, and report on all funds from this Recovery Act. Grant award (including specific outcomes-and benefits attributable to Recovery Act funds) separately from all other funds, including Grantor award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. Accordingly; Subrecipient's accounting systems must ensure that funds from this Recovery Act: Grant are- not commingled with. funds from any .other source. Subrecipientfurther agrees that-all personnel whose- activities are to be charged to the award will maintain timesheets to document hours worked-for activities related to this award and non-award related activities. Subrecipient shall comply with all regulations and requirements regarding the supplanting of funds,: and Subrecipient shall prove that they are not supplanting by providing appropriate documentation... Please refer to the OJP's guidance on supplanting in OJP's Recovery Act Guidance on Supplanting at http://www.olp.qov/recovery/supplantingguidance.htm. 5, Subrecipient agrees to maintain records thaf identify adequately the source and application of Recovery Act funds., to maximize the transparency and accountability of funds authorized under the Recovery. Act as required by the Recovery,Act and in accordance with 2 CFR 215.21; "Uniform Administrative Requirements for Grants and Agreements -.with Institutions of Higher Education, Hospitals; and-Other-Non-profit Organizations" and OMB A-102 Common Rules-provisions (relating to Grants and Cooperative Agreements. with-State and Local Governments). Subrecipient shall specifically identify Recovery Act. funding on its Schedule of Expenditures of Federal. Awards (SEFA) and-the Data Collection Form (SF-SAC) required by OMB Circular A-133: 6. Subrecipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose-information reasonably believed to be evidence of gross management,-gross waste, substantial and specific danger to public : health or safety, abuse- of .authority; or violations of law related to contracts or grants using Recovery Act funds, pursuant to §1553 of the Recovery .Act. 7. Subrecipient agrees that none. of the Grant funds may be used by any State or ocal government;. or any- private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, orswimming-pool: 8. Subrecipient agrees that it may not use any Grant funds for infrastructure investment-absent submission of a satisfactory certification under§1511 of the RecoveryAct: -JAG ARRA Subrecipient Agreement 22 ~i 9. Subrecipient understands that this: Grant award is subject to the provisions of §1605. of the Recovery Act ("Buy American"), which prohibits use of RecoveryAcf funds for. a project for the construction, alteration, maintenance, or repair of a public building or publicwork unless all-the iron; steel, and manufactured goods used in the project are produced in the lJnited States, subject to certain exceptions, including-United States. obligations under international agreements. Subrecipient shall not use any Grant funds. for -iron, steel, or manufactured .goods: for aproje~t-for the construction; alteration, maintenance, or repair of a public building or public work;'unless Subrecipient provides advance written'notice to City and. a Grant Adjustment Notice is issued-that modifies this special condition to add government-wide standard conditions that further implement the specific requirements or exceptions of §1605 of the Recovery Act, 10. Subrecipient shall complywith the wage rate requirements as-set forth in §1606 of the Recovery Act. 11: Subrecipient understands and agrees that misuse of Grant funds-may result in a range of penalties, including suspension of current and future funds, suspension -and debarment from federal grants; recoupment of monies provided under an award, and civil and/or criminal penalties. 12. Subrecipient shall comply with any modification or additional requirements that may be imposed bylaw and further OJP (including government-wide). guidance and clarification of Recovery Act requirements, 13. Programmatic Reporting and Registration Requirements--This Recovery. Act Grant award requires Subrecipients to complete projects or activities which are funded-.under the Recovery-Act. and to report on use of .Recovery Act-funds provided by this Grant: Information from these reports will be made available to the. public. a. Subrecipient shall submit quarterly reportsto Grantor using the Bureau of Justice Assistance (BJA) Performance Measurement -.Tool (PMT) system; which is located at http://www,biaperFormancemeasures.org. Such quarterly reports on this system shall commence August 30; 2009-and. continue through to -the end of the Grant period; even if aII Granf funds-.have been spent prior to the end of such Grant period.- Subrecipient shall be assigned a-user name-and password to access this system. Prior to the Subrecipient submitting its first quarterly ..report, Subrecipient shall ensure that it has a valid DUNS profile and an active registration with the Central Contractor Registration Database. Directions for fulfilling this reporting requirement are located at htto•//www biaperformancerneasures.org. Subrecipients will be periodically be informed of and shall attend/.participate in webinars JAG ARRASubrecipient Agreement 23 .and/ or trainings regarding use of this PMT- reporting system as needed to ensure accurate-and timely reporting.. Subrecipients must complete-and submit their reports. on the BJA PMT system no later than 5 business-days before the due dates Listed below. On November 14 of each year, the City will submit a full report on the Grants Managemenf System {GMS) using information provided by the Subrecipient in its BJA PMT report. The City shall have the right to review. Subrecipient reports-and request edits'if necessary, and Subrecipient-shall. provide adtlitional information in its .quarterly reports as necessary in: order for the City to submifi: a complete and full report on the GMS .Subrecipient shall not be responsible for submitting programmatic and financial- reports directly to the GMS: The reporting schedule is as follows: Reporting Period Type of.Data Required. PMT Due-Date Program Performance Measures July 1-September 30 and October 30th Narrative .October 1 -December 31 Program Performance Measures January 30th January 1 -March 31 Program-Performance Measures April 30th ..April 1 -June 30Program Performance Measures July 30th 14. Financial Reporting-Requirements - Pursuant to §1512_ of the Recovery Act, the Federal Office of:Management and Budget (OMB) requires- quarterly reporting of all Recovery Act grant recipients and Stabrecipients beginning October 10, 2009. The -City is required to comply with these OMB reporting. requirements using a template provided by OMB to submit the requested data.. This template utilizes the Recipient Reporting Data Model, a document created for Recovery Act-data standardization. The Recipient Reporting Data Model can be downloaded from the "Downloads" tab of www.FederalReporting:gov and is also accessible via htfp://www: Recovery.aov. In order to assist the-City in complying with: its OMB reporting requirements regarding the use of Granfi funds by the Subrecipient, Subrecipient shall provide sufficiently detailed-information regarding job creation in connection with its use of Grant funds to the City on a quarterly basis: Subrecipient will provide any additional information as maybe necessary forthe City to submit complete and full quarterly reports to OMB using the Recipient Reporting Data Model (the "Job Creation : Information"), JAG ARRA Subrecipient Agreement 24 a. Subrecipient shall complete and submit to the City the required Job Creation Worksheet and Jobs Guidance form which. is attached hereto as Exhibit E. Such Worksheet shall include, without limitation, the following. information-for each quarter. for the duration of the life of the grant: (i) The amount of recovery funds received that were expended or obligated-to projects or activities; and (ii) A detailed list of all projects or activities for which .recovery funds were expended or obligated, including--' 1 the name of the project or activity; 2 a description of the projector activity;. 3 an evaluation of the completion status of the project or activity; 4 an estimate of the number of jobs created and the number of jobs- retained by the project or activity; 5 for infrastructure investments made by State and local governments; the purpose, total cost, and rationale of the agency for funding the infrastructure investmenYwith funds made available under this Grant, and name of the person to contact of the agency if there are concerns. with the infrastructure investment. 6 for any vendors receiving funds from the Subrecipient, the identity of the vendor. by reporting-the DUNS number, if available,. or otherwise the name and zip. code of the vendor's headquarters. Subrecipient will provide to the City. any other information requested by the-City that is required to fulfill the OMB reporting requirements. b. Subrecipients must maintain, and provide to the City on a quarterly basis, auditable documentation supporting all reported data,. including jobs data and provide copies to City as requested. Documentation should provide evidence- that: (i) Created/retained positions and overtime. hours are funded by Recovery Act awards, - - (ii) Personnel are directly supporting Recovery-Act projects. and activities; and (iii) Positions-meet the criteria for "created"/"retained" positions and overtime hours. Recommended documentation includes: Old and new 1 organizational charts; New position. descriptions; Job postings, offer letters-and acceptance forms;-Staffing lists; Timecards and payroll .records; Budget comparisons and/or projections before -and after the Recovery Act award date; .Formal layoff recommendations and retractions- (memos, reports); Minutes of formal meetings :where official budget decisions are made; Timecards and payroll records;. Employee activity reports. JAG ARRA Subrecipient Agreement 25 The Job Creation. Worksheet, (see Exhibit E) along with the Payment Information set forth in §301(B) of this Agreement, shall by submitted to the Mayor's Office in accordance with the following reporting schedule: Reporting Period Due Date -July 1 -September 31 October 5`h October 1 -December 34 January 5th January 1 -March 31 April Stn April 1 -June 30 July 5`n Submissions-shall be sent by email to: Thalia Polychronis, Grant Specialist at thalia.polychronis@lacity.org D. Noncompliance and Compliance with Special:Conditions. Subrecipienf-understands that failure to comply with any of-the above assurances may result in suspension, termination or reduction of Grant funds; and repayment by Subrecipient to City of any unlawful expenditures. To obtain the Grant funds, he Grantor required an authorized representative of the City to sign certain promises and special conditions regarding the way the Grant funds would be spent ("Special Conditions"). These Special Conditions .are attached hereto as Exhibit H.: By signing these Special Conditions; the City, became liable to the Grantor for any funds that are used in violation of the Grant. requirements.. Subrecipient-shall be liable to the Grantor for any fundsthe Grantor determines Subrecipient used in violation. of these Special Conditions. Subrecipient shall indemnify and hold harmless the city for any sums the Grantor determines Subrecipient used in violation of the Special Conditions. §416. Federal, State-and -Local -Taxes Federal, State and local taxes shall be the responsibility of Subrecipient as an :independent party and not as a City employee. §417. Inventions. Patents and Copyriahts A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or .otherwise under title 35 of the. U.S. Code, including, without limitation, :processes and. business methods made in the course of work under his Agreement, the Contractor shall report the fact. and disclose the lnvention promptly and- fully to the City.-The City shall report the fact and disclose-the Invention #o the Grantor.- Unless there is a-prior agreement between the City and the Grantor, the Grantor JAG ARRA Subrecipienf Agreement 26 shall determine whether to seek protection on the Invention: The .Grantor shall determine how the .rights in the. Invention, including rights under any patent issued thereon, will be allocated and .administered in order to protect the public interest consistent with. the policy ("Policy") embodied in the Federal- Acquisition Regulations System; which is based on Ch; 18 of title 35 U.S.C. §200 et seq. (Pub. L. 95-51.7, Pub.. L. 98-620, 37 CFR. part 401); Presidential. Memorandum on Government Patent Policy to -the .Heads of the Executive Departments-and Agencies; dated 2/18/1983); and Executive Order 1.2591,4/10/87, 52 FR 13414; 3 CFR, 1987 Comp., p. 220 (as amended by EO 12618, 12/22/87, 52 FR 48661; 3 CFR, 1987 Comp., p. 262). Contractor hereby agrees to be bound by the Policy;-and will contractually.require its personnel to be-bound by the Policy. B. Rights to Use Inventions City shall-have an unencumbered right, and anon-exclusive; irrevocable, royalty- free license, to use; manufacture,. improve upon, .and allow others to do so for. all government purposes; any Invention developed-under this Agreement. C. Copyright Policy 1. Unless otherwise provided by the-terms of the Grantor or of this Agreement, when copyrightable material (Material) is developed under this Agreement, the author or the City; at-the City's discretion, may copyright -the Material if the City declines #o copyright the Material, the City shall have an unencumbered right, and anon-exclusive, irrevocable, royalty- :free license, to use, manufacture; improve upon,. and allow others to do so for alt government purposes;-any Material developed under-this Agreement:. 2. The Grantor shall:-have an unencumbered right, and anon-exclusive, ..irrevocable, royalty-free license; to use, manufacture, improve upon, and allow others to do so for all government purposes; any Material developed .under this Agreement or any Copyright purchased under this Agreement. 3. Contractor shall comply with 24 CFR 85.34. D. Rights. to Data The Grantorand the City-shall have unlimited rights or copyright license to any : data.first produced or delivered under this Agreement:. "Unlimited rights"-means the-right to use, disclose, reproduce, prepare derivative works, distribute'copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 2?.401. Where the data are not first produced-under this. Agreement or are published copyrighted data with the notice of 17 U:S.C. §401 or 402, the Grantor acquires the data under a copyright license. as-set forth in 48 CFR 27.404(f)(2) instead of unlimited rights (48 CFR 27.404(a)); E. Obligations Binding on Subcontractors JAG ARRA Su6recipient Agreement 27 Contractor shall require all subcontractors to comply with .the obligations of -this section by incorporating the terms of this section into all subcontracts. §418. Living Wage Ordinance Service Contractor Worker Retention and Living Wage Polio This section is not applicable to this contract; and is intentionally left blank. §419: Earned Income Tax Credit Under the terms of-this. Agreement, Subrecipient is exempt from compliance with the provisions of §10.37.4 of the .Los .Angeles Administrative Code. §420: Equal Benefits Ordinance Under the terms of this Agreement, Subrecipient is exempt from compliance with the provisions of §10.37.4 of the Los Angeles Administrative Code. §421.ContractorResponsibility Ordinance Under the erms of this Agreement, Subrecipient is exempt from compliance with the provisions of the. Contractor Responsibility-Ordinance- (CRO), §10.40 et seq:, of Article 14; Chapfer 1 of Division 10 of the-Los Angeles Administrative Code. §422. Slavery Disclosure Ordinance Under the terms of his Agreement, Subrecipient is exemp#-from compliance with the Slavery Disclosure Ordinance, §10.41 of the Los Angeles Administrative Code. §423. Child Support Assignment Orders Under the-terms of #his. Agreement, Subrecipient is exempt from compliance with the Child Support Assignment Orders Ordinance, §10.10 of the Los Angeles. Administrative Code.. Subrecipient shall. comply with California. Family Code §5230 et seq. as applicable. §424. Minority Women and Other Business Enterprise Outreach Program It is the policy of the City to provide minority business enterprises. (MBEs);. women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all Subreaipient contracts, including procurement, construction and personal services. This policy applies to Subrecipient and its contractors and subcontractors. JAG ARRA Subrecipient Agreement 28 v .DEFAULTS SUSPENSION,. TERMINATION-..AND AMENDMENTS- §501: Defaults Should Subrecipient fail for any reason to comply .with the contractual obligations of this Agreement within. the time specified by this Agreemen#, the City reserves the right to terminate the Agreement,- reserving all rights under state and federal law. - §502. (This section intentionally-left blank.) §503. (This. section intentionally ieft blank.) §504..- (This section intentionally left blank.) §505. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, and any increase or decrease in the amount of compensation which are agreed to by the City and Subrecipienf shall be incorporated-into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. Subrecipient agrees to comply with all future-City Directives; or any rules, amendments or requirements promulgated by the City affecting.-this Agreement. JAG ARRA Subrecipient Agreement 29 VI. ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the: terms and conditions of this Agreement. §602: Number of Pages-and Attachments This Agreement is executed in-three (3) triplicate originals, each of-which is deemed to be an original This Agreement includes thirty one (31) pages, eight (8) Exhibits; and one (1) Attachment, all of which constitute the entire understanding and agreementof the parties.- JAG ARRA Su6recipient Agreement 30 'I IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to be executed b their dul authorized representatives. APPROVED AS TO FORM AND For: THE CITY OF LOS ANGELES LEGALITY: CARMEN A. TRUTANICH, City Attorney ANTONIO R. VI ARAIGOSA Mayor By .~.^~~L, BY Deput C' y ttorney n n it raigosa, Mayor .Date ~ ~z ~ 4 Date APR 201 ATTEST: JUNE LAGMAY, City Clerk By Dep ty City Clerk Date / /d~ ~_~~~~~i APPROVED AS TO ORM: For: City of a municipal corporation By L e ce .Wiener, City Attorney By ~r ~ ~2 ,.Hilario Gonzales, -Mayor Date ~ "o? 2 ' < ~ -Date 3 Z3 ~ ATTEST: [SEAL] By Will rd /G_. Ya/m c it Clerk Date Internal Revenue Service ID Number: Council File/OARS File Number: 09-0648-S5 Date of Approval November 20, 2009 City Contract Number - ~~1 JAG ARRA Subrecipient Agreement 31 EXHIBIT A EXHIBIT A INSURANCE REQUIREMENTS (Not Applicable to this Agreement) JAG ARRASubrecipient Agreement 32 EXHIBIT B :EXHIBIT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing: Executive-Order :12549, Debarment and Suspension, 24 CFR Part 24 §24.510, Rarticipants' .responsibilities; (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION $EFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals-are presently-debarred, suspended; proposed for debarment, declared-ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify #o any of the statements in-.this certification,-such- prospective: participantshall attach an explanation to this proposal AGREEMENT NUMBER C-l 1~ ~3~ City of Vernon CONTRACTOP1°naon~ni~~in r~~~ni~T Donal 0 ~ l l aghan~~~(',i Y~ Ac~mi ni ~*ratnr NAME AND TITLE OF AUTHORIZED REPRESENTATIVE ~l , ~ ~ , SIG- ATURE DAT A E Willard: G. Yam uch it -Clerk -JAG ARRASubrecipienf Agreement 33 INSTRUCTIONS FOR CERTIFICATION 1. By signing-and submitting-this document, the prospective recipient of Federal assistance funds is providing-the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when. this transaction was entered. into.. If it is later. determined that the .prospective recipient of Federal assistance-funds knowingly rendered an erroneous certification, in addition to other. remedies available to the Federal. Government, the department or agency with which this transaction originated may:pursue available remedies; including suspension and/or debarment. 3: The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this agreement is entered, if at any time the. prospective recipient of Federal-assistance-funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances.- 4. The-terms "covered transaction," "debarred," "suspended," "ineligible;" "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal;" and "voluntarily excluded° as used in this clause,. have the meanings set-out in the Definitions and. Coverage sections of rules implementing Executive Order 12549. 5: The prospective recipient of Federal assistance funds agrees by submitting-. this proposal#hat, should the proposed covered transaction be entered into; it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,.-suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, :unless-authorized by the. department or agency with. which this transaction originated. 6 The. prospective recipient of Federal assistance funds further agrees by submitting -this proposal Ghat it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," without modification, in all lower tier covered transactions-and in-all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may-rely upon a certification of a prospective participant in a lower tier covered .transaction that it is not debarred, suspended, ineligible,. or voluntarily excluded from the. covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to; check the-List of Parties Excluded-from Procurement or Non-Procurement Programs. ,JAG ARRA Subrecipient Agreement 34 e 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The::knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly- enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the. Federal Government, the department or agency with .which this transaction originated: may pursue available remedies, including suspension and/or debarment.. :JAG ARRA Subrecipient Agreement 35 EXHIBIT C EXHIBIT C CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative. Agreements The undersigned. certifies, to the best of his or her knowledge and belief, that:. 1. No Federal appropriated funds have been paid or will be paid, 6y or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee.. of Congress, or an employee of a Member of Congressin connection wifh the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan; -the entering into of any cooperative agreement, and the extension; continuation, renewal,-amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal contract, grant, loan,. or .cooperative .agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Forrn to :Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the. language of this certification be included in the award documents for all subawards of all tiers (including subcontracts, subgrants, and contracts under grants, loans, -and cooperative agreements) and. #hat all subrecipients shall certify and disclose accordingly. 1. This certification is a material representation of#act upon which: reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C: §1352: Any person who fails to-file the required certification shall be subject to a civil penalty of notlessthat $10,000 and not more than $100,000 for each such .failure. AGREEMENT NUMBER C ` l l`7 /3/ City of Vernon CONTRACTOQrQnQQn~ni~oinnGnirvi n iQicnirTiny Donal O'Calla han Cit Administrator ND ~ AUTHORIZED REPRESENTATNE r~ _ _ ~ ~ y ~ .SIGNATURE \ DATE. ` AT S T : ~ JAG ARRA Subrecipient Agreement 36 Willard G. Yamag hi, it Clerk EXHIBIT D EXHIBIT D CERTIFICATION REGARDING DRUG FREE WORKPLACE-ACT REQUIREMENTS- The Contractor certifies thaf it will provide. adrug-free workplace, in accordance with the federal Drug- Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), 28 CFR Part 67; and the California Drug-Free Workplace Act. of 1.990,. CA Gov't Code §§8350-8357: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution; dispensing, possession or use of a controlled substance `is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violation ofsuch prohibition. 2. Establishing adrug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b, The Contractor's policy of maintaining adrug-free workplace;. c. Any-available drug counseling, rehabilitation and employee-assistance programs;: and d. The penalties that may be imposed upon employees for drug-abuse violations occurring in the workplace. 3. Making it a requirement. that each employee to be engaged in the performance of the WIA program be given a copy of the statement required by paragraph 1. above. 4. Notifying the employee in the statement required by paragraph 1. that, as a condition of employment -under the WIA program, the employee will:. a. Abide by the terms of the statement,: and b. Notify the Contractor of any criminal -drug statute convictions for a violation occurring in :the workplace no later that five days-after such conviction. 5. Notifying the City within ten days after receiving notice under subparagraph 4. b. from an .employee or otherwise receiving actual notice of such conviction. 6. Taking one of the following actions, within 30 .days. of receiving notice under subparagraph 4.b. with ..respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, or 7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of the provision of-this certification. C-~1 731 AGREEMENT NUMBER City of Vernon., CONTRACI-Ooro~oo~~ni~orn nc~rnv Donal O'Callaghan, City Administrator NAME TIC ~~QF~ UTHORIZED REPRESENTATIVE AT'RE ~ _ DATE AT ST: - - JAG ARRA Subrecipient Agreement 37 Will 'rd G. Yam ch C ' y: Clerk EXHIBIT E _ a yr ) I~~ ,~V r 1'' ~r ~ g rr ~.o ~ C> Cq N l:_ ~ ~ p i ~ o - ~ 0 3 r i; s t i, e _ ;ty - M ~ p i fr4• M ~ O O ~ ~ ~ ~ ~ ~ } uF } (Q ~ ~ Op ± LL ~ ~ ~ ~ O ~ ~ o o Q. _ •,5. _ C_ - r:, V o 0 0 0 Z OL oco ~ ~m ~ ~ ~ o ~o ~o G ~ o , t~ ~ ~ ~ ~ ~ Q c y k .U o O H ~ X a ~ W W ~ p ~r. ~ ~ 2 Y ~ ~ M ~ o W O ~ ~ ~ ~ -E E U (0 N f0 O W Z Z Z Z ~j~ } u ~ n. O W ~ ~ ~ ~ r 1„ W ~ N y ~ a o W V Y> ~ d MM L Q W. ~ ~a } o ~ : m a~~i •o y N U ~ rn ~ ~ • _ ~ o p ~~x ~ _ ~ ~ ~ ~ Q ~ Q d ~ o ~a Z m ~ C U- U Q~ (n ~ O. ~ ~ p p O~ W ~ ~ ~ E w w V O H ,rv, /0~ Q 0 3 3 Yt ~~~~Chr~ t,~{. ~E KYaii. ~ i ty ~~i a~~~~1r~' ~ a s ' ~ ' ;Q C~ r ~ ,r l ~ n. ~ ~ ~ r~ ~ N N jfi° F ~7 ~ 7t f~`k M ft7 - ea ~u ) _ i to i i F y~ ~ r ilt , ti d i ry ti i4~ `rv ~ ~ k{ht =nW~.. ~a~r;' { UjJi'~~r, F- i~r~~+ c 3`~~'z,k"~'`~'~ ' err ~ ~ M t~ ' ~ ` d~ i~ { e~ a~ ~ ~ ~ i ti - Y} ~ ~ . ~ ~ 3 , y i ~ j ~~y ~b ~ ~ > _ ~{~4 ~ ~ ~ ~ _ ~ M~~ 1° ~ ~ ~ ~ r~, ~ i 1 ~ ~ ~ - }lrri y~.l~f ~ ,ym fi;R ~ ~ ;w~' ~,.L_ ' !l~ s AiS~~ .'~.~ti a'~~~ ' ~i a a1 ~ ~Y,X T S 1 I.T<{ 4 tier, y,a ~~~~v ~jr~` t}{S~`Y~,`f ~ti.~ *~r~ 9 ~yyy~' G di ~~'b r ~ ~ z • * ~ ; ~x, r,:' _ r t F• ` f + l : ~ ti ~ ~ ~ ir, M r ASS ~9}, w"' ~ t~ ~ T~ ~ Y,~ fl 1 Q" f 3 i ~ ~ ~ `~s i { ~ f z~+ ~ i ~ ~t ~ ,y ~.Q r ~ ~ yy _ r I e i ~ a~~ N L ~ V_ d~ 'rte tik* h, CC _ 1 J~~, _ V/. ~ 1~ 7 Wry f.r' ~~~~f~ VJ ~ ~ _ _ C + ~ n ~pt_, ..W kA ~ N S i~ ~ Q~ ;as, 404 ~'r 1~, ~ F~~ ~ ~ 'L1 V rVSw~ x~ ~ ~ ray m: J ~~rAdp ~ ~ ~ } ~ lfl Y f C ~r ;U' i' ~ ~CJ`~ ~o~,,. U ' ~ ~ ~ ~Q Q EXHIBIT F EXHIBIT 1= INTERNET RESOURCES--FOR RECOVERY ACT JAG 2009 1. - The Office of Justice Programs (OJP) Financial Guide 2008 htfp://www.oip.usdoj.gov/financialguide/index.htm 2. OJP Procurement Procedures Guide http://www:oip.usdoj.gov/funding/pdfs/procurement procedures.pdf 3. Office of Management and Budget (OMB) Implementing Guidance for the Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009 http://www.whitehouse.gov/omb/assets/memoranda. fy2009/m09-21.pdf 4. Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) .Formula Program: -Local Solicitation • http://www:ojp.usdoj.gov/BJA/recoveryJAG/JAGrecoveryl_ocal.pdf 5. Recovery Aet: Edward Byrne Memorial Justice Assistance Grant. (JAG) Program Frequently Asked Questions- http://www.ojp. usdoj.gov/BJA/recoveryJAG/JAGrecoveryFAQ. pdf 6. OJP Recovery Act Additional Requirements and Recipient Reporting http://www.oip.usdoi.gov/reco~ery/solicitationreauirements.htm http://www.ojp:usdoi.aov/recovery/recipientreportina.htm 7. OMB Recipient Reporting Data Model Please login with your username and password, and look in the "Downloads" tab of: http://www.federalreporting.gov 8. Calculating and Reporting Job Creation and Retention for Recipients. of Recovery Act funding from Office of Justice Programs, Office on Violence Against Women, and Office. of Community Oriented Policing Services - http://www.aip.usdoj_gov/recovery/pdfs/oipcopsovwjobsguide.pdf - 9. Updated. Guidance on the American Recovery and Reinvestment Act - Data Quality, Non-Reporting. Recipients, and. Reporting of Job- Estimates htt ://www:whitehouse. ov/omb/assets/memoranda 2Q10/m10-08. df I JAG ARRASubrecipienf Agreement 40 I EXHIBIT G C~ o a, ~ o o ~ Q z ~ ui ? ~ i ~ ~ ~ ~ a ~ m ~ ~ ~ ~ ~ 0 a~i ~ ~ y L ~ ~ 4 ~ ~ ~ o O ~ X33 H ~ ~ ~ W v N ~ ~ ~ C9 ~ ~ L ~ ~ ~ N O ~ W .L H ~ W ~ o ~ ~ C ~ ~ a Z ~ ~ ~ .o V ~ ~ _~.co o p Q ~ ~ ~ O ~ o E C7 ~ o ~~o ~ ~ ~ N ~ ~ U' ~ ~ N ~ Q v ~ v a~~m o e c ~ ~ v~ o o o .c ~ ca ~ ~ ~ v Q ~oQw ~ ~Qa ~ a ~~UU c~ ~~o ~ Q a o o ~ ~ o ~ L a _ ~ O L L ~ ~ D.. ~ ~ ~ ~ nj ~ ~ Q ~ ~ d o w~ mQ, da ma a` d a ad a ad a 10-f~C'1 HU('1 HC.1U' I c N y N ~ c F d F d ~ d 4~- - ~ ~ ~ i, ~ ~ ~ _ _ - - ~ ~ LL lL r oma °ma °ma ~ c U O O N L ~ J J fA w- . . N W~ Oda Wp O~Q Wp ~Q~ N ~ d W a ~w ca ~o vie mo ~ ~ fl.. ~ a~ ~ L - (a - - ~ N c d d_ C a c C ~ C ~ C ~ ~ X17 O - '16 O 'l6 O - ~ a°~ L a°v ~ a°a L N c+~'a o ~a o ~a ~ ~ zv ~ zv ~o zv ~o ~ ~ ~ O ~ ~ ~ .L .i 0 dj ~ O ~ O ~L N > ~ a c ~ ~ c 0 a ~m o c c ~.L N ~ ~ ~ ~ C ~ ~ ~ ~ ~ ~ N ~ (Q ~ N Q O c U ~ ~ ~ t ~ N Z~ ~ ~ ~ •a a'~-+ ,c ~ ~ Q ~ ~ M U a' a a d' CA d H ~ ~ ~ ~ ~ O C7 o ,y c~ o o a c~ F- L - N O 00 ti M r N N N M ~C ~ ~ ~ U A O a c~ o ~ - a~ ~ o ~ a rC N G ~ - - ~ a c o ~ ~ ~ M ~ ~ M ~ ~ Q ~ O ~ ~ OL N N V ~ ~ ~ .a t - ~ ~ ~ Q ~ ~ v,~ c y ~ pQp ~ ~ V •L G1 > y O _O 7 (n d ~ ~ a) ~ ~ (B f0 ~ (Q ~ C ~ v~ a sLoo ~ o:~~ ~ ~n I- C7 N J co ? ? Z EXHIBIT H EXHIBIT H GRANT SPECIAL CONDITIONS (1) The recipient agrees- to comply with the financial and: administrative requirements set forth in the current edition of the: Office of Justice Programs (OJP) Financial Guide. (2) The recipient acknowledges that #ailure to submit an acceptable Equal .Employment Opportunity Plan (if recipient. is required to submit one pursuant to 28 C.F.R. §42.302); .that is approved. by-the Office for -Civil .Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. (3) The recipient agrees to comply with. the organizational -audit requirements of OMB. Circular A-133, Audits of .States, Local Governments, and None-Profit Organizations,--and further understands and agrees that funds-,may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits-(and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further- described in the current edition of the OJP Financial Guide, Chapter 19. (4) Recipient understands and agrees that it cannot use any federal funds, either. directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. (5) The recipient must promptly refer to the DOJ OIG-any credible evidence that a principal; employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false-claim for grant funds under 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 involving grant funds. This-condition alsoapplies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by mail Office of the Inspector General IJ.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 .Washington, DC 20530 e-mail: og.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800)..869-4499 JAG ARRA Subrecipient Agreement 44 i or hotline .fax:. (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoi.aov/oig. (6) RECOVERY-ACT -Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terms and conditions contained in his award, or inapplicable QJP grant policy statements or guidance, apply unless they conflict or are superseded- by the terms and conditions included here-that specifically implement the American Recovery and Reinvestment Act of 2009; Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Recipients are responsible for contacting their grant managers for-any needed clarifications. (7) The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and -other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to-first determine if any of he following activities will be funded by the grant, .prior to obligating funds-for any of these .purposes. If it is determined that any of the following activities-will be funded by the grant, the. grantee agrees to contact BJA. The grantee understands that this special condition applies to its following - new activities whether or not they are- being specifically funded with these ..grant funds., That is, as-long as the. activity. is :being conducted by the grantee,.. a subgrantee, or-any third party and the activity needs fo be undertaken in order to-use these grant funds, this special condition must first be met:-The activities covered by this special-condition are: a, New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 1.00-year flood plain, a wetland, or habitat-for endangered species,. or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease,- or any proposed use of a building or facility that will. either (a) result in a change in its basic prior use or (b) significantly change its size; d.~mplementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used., for example, in office, household, .recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories: JAG ARRA Subrecipient Agreement 45 The grantee understands and agrees #hat complying with NEPA-may require the preparation. of an Environmental-Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to-the requirements for implementation of a Mitigation Plan, as detailed of [website], for programs relating o methamphetamine laboratory operations. Application of-This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds; the grantee; upon specific :.request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or .activity. (8) fio-avoid duplicating existing networks or IT systems in any initiatives funded by BJA forlaw enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent: possible, existing networks as: the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction. of BJA that-this-requirement would not be -cost effective or would impair the: functionality of an existing or proposed IT system, (9) The grantee agrees o comply-with all reporting, data collection and evaluation requirements, as prescribed by law and detailed by the .BJA in program guidance for the' Justice Assistance Grant (JAG) Program. Compliance with these requirements: will be monitored by BJA. (10) The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23; Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of he system; as perthe regulation. Should any. violation of 28 C.F.R:Part 23 occur, the recipient may be fined as per 42 U.S.C. §3789g(c)-(d). Recipient may not satisfy. such a fine with federal -funds. (11) The grantee agrees to comply with the applicable requirements of 28 C:F.R. Part 38; the Department of Justice regulation governing -Equal Treatment. for .Faith Based :Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding-may not be used. to fund any:inherently religious activities, such as worship; religious-instruction, or proselytization. Recipients of direct grants may still- engage in inherently religious activities; but such activities must be separate in time or place from-the Department of Justice funded program; and participation in such activities by individuals receiving services from the grantee or asub-grantee-must be voluntary.. The Equal Treatment JAG ARRA Subrecipient Agreement 46 Regulation also makes-clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate. in the provision of services on the -basis of a beneficiary's religion. Notwithstanding any other special condition of this :award, faithbased organizations-.may, in some circumstances, consider religion as a basis for .employment. See http://www.oip.aov/about/ocr/equal- fbo.htm. (12) The recipient agrees to ensure. that the State Information Technology Point. of Contact receives written notification regarding any information technology. project funded. by this grant during the obligation and expenditure period. This is to facilitate communication among local and. state governmental entities regarding various information technology projects. being conducted with these grant funds. In addition, he recipient agrees to maintain an administrative file documenting the meeting of-this requirement.-For a list of State Information Technology- Points of Contact, go to httb://www.it:oig.aov/default.aspx?area=aolicyAndPractice&paae=1046. (13) The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of :Federal funds, be made. available for law- enfor•cement activities. (14) RECOVERY ACT -JAG -Trust Fund The recipient is required to establish a trust fund account. (The trust-fund may or may not be an interest-bearing. account.) The fund, including any interest, may not be used to pay debts or expenses .incurred by other activities beyond the scope of either he Edward Byrne Memorial Justice Assistance. Grant Program (JAG) or Recovery JAG Program. The recipient also agrees to obligate and expend the grant funds in the trusf fund. (including- any interest earned) during.-the period of the: grant. Grant funds (including any interest- earned) not expended by the end of the grant period -.must be returned to the Bureau of Justice Assistance no later than 90 days after-the end of the-grant period; along with the final submission of fhe Federal Financial Report (Form -425): -(15) RECOVERY AGT -Access to Records; Interviews. The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (OIG)), and its representatives; and the Government Accountability Office (GAO), shall have access to-and the right to examine all records (including, but not limited to, books; papers, and. documents) related- to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also-understands-and agrees that DOJ and the GA0-are authorized to interview any officer or employee of the recipient (or of any ..JAG ARRA Subrecipient Agreement 47 subrecipient, contractor, or subcontractor) regarding transactions related to -this Recovery Act award; (16) RECOVERY ACT -:One-time funding The recipient understands and agrees that awards under-the Recovery Acfwill be one-time awards and accordingly that its proposed project activities and .deliverables are to be accomplished without additional DOJ funding: (17j RECOVERY ACT -Separate Tracking -and Reporting of Recovery Act Funds and Outcomes The recipient agrees to track, account for, and -report on all funds from this Recovery Act award {including specific outcomes and benefits attributable to Recovery-Act funds) separately from all other funds, including DOJ award funds from non-Recovery Act awards awarded-for the same or similar purposes. or programs: (Recovery Act-funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of-the recipient and all subrecipients -must ensure that funds from this Recovery Act award are not commingled with funds from any other source.. The recipient further agrees that allpersonnel (including subrecipient personnel) whose activities are to be charged to the award wiltmaintain timesheets to document hours worked'for activities .related to-this award and non-award :related activities. (18) RECOVERY ACT -subawards -Monitoring The recipient agrees to monitor subawards under#his Recovery Act-award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial .Guide,- and to include the applicable. conditions of this -award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures. for monitoring of subawards under this award. (19) ..RECOVERY ACT -subawards- DUNS and CCR for Reporting- The recipient agrees to work with its first-tier subrecipients. (if any):to ensure #hat, no later than the due date of the recipient's first quarterly report-after a subaward is .made, he subrecipient has a valid DUNS profile and has an active registration with the Central Contractor Registration (CCR) database. (20) RECOVERY ACT -Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to OJP. At present, thesereportsare to be submitted on-line (at: -JAG ARRA Subrecipienf Agreement 48 'i https://grants.ojp.usdoj:gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that -after October 15, 2009, OJP will discontinue its use of the SF 269A, and-.will require award recipients to submit quarterly financial status reports within 30 days: after the: end of each calendar quarter, .using the government-wide Standard Form-.425 Federal Financial .Report from (available for viewing at www.whitehouse.gov/omb/grants/standard .forms/ffr.pdf). Beginning with- the report for the fourth. calendar quarter of 2009-(and continuing thereafter); '.the recipient agrees that it will submit quarterly financial status reports to OJP online (at https://grants:ojp.usdoj.gov) using the SF 425 Federal Financial Report form,. not later than 30 days .after the end of each. calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period: (21) RECOVERY ACT -Recovery Act Transactions Listed in Schedule of Expenditures of Federal. Awards and- Recipient. Responsibilities for Informing Subrecipients (a) The recipient agrees to. maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery-Act as required by the Act-and in accordance .with 2 CFR 215.21,"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,- Hospitals, and-Other Non-profit :Organizations" and OMB A-402 Common Rules provisions (relating o Grants and Cooperative Agreements with State and Local Governments). (b) -The recipient agrees to separately. identify the expenditures for Federal awards under the RecoveryAcf on the Schedule of Expenditures of Federal- Awards (SEFA) and the Data Collection Form- (SF-SAC) required 6y OMB Circular A-133. This condition only applies- if the recipient is covered. by the- - Single Audit -Act Amendments: of .1996-and OMB. CircularA-133, "Audits of States, Local Governments, and Non-Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made-under the Recovery Act separately on the SEFA; and as separate rows under Item 9 of -Part III on the SF-SAC by C-FDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the-.SEFA and as the first characters in Item 9d of Part III on the SFSAC. (c) The recipient agrees to separately identify to -each. su6recipient the Federal award. number, CFDA number, -and amount of Recovery Act funds; and to document this identification both at the time of subaward and at the time of :disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. JAG ARRASubrecipient Agreement 49 (d) The recipient agrees. to require its subrecipients to specifically identify Recovery Act funding on their SEFA information, similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of Recovery Act funds as well as facilitate oversight by the Federal awarding agencies, the DOJ OLG, and the GAO. (22) RECOVERY ACT -Reporting and Registration Requirements under §1512 of the Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from.these reports will be made available to the public.. ' (b}The reports are due no laterthan ten calendar days after each calendar quarter in which the recipient receives the- assistance award funded in whole or in part by the Recovery Act..: (c) Recipients and their first-tier. recipients must maintain current. registrations. in the Central .Contractor Registration (www.ccr.gov) at all times during :which .they have active federal awards funded with Recovery-Act funds.. A Dun and. .Bradstreet Data .Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central .Contractor Registration. (d) The recipient shall report the information described in §1512(c) of the Recovery Act using the reporting- instructions and data elements that will. be provided online at www.FederalReporting.gov-and ensure that any information that is pre-filled is corrected or updated as needed. (23) RECOVERY-ACT -Provisions of §1512(c) The recipient understands that §1512(c) of the Recovery Act provides as follows:. Recipient Reports- Not later than 10 days after the end of each calendar quarter,-each :recipient that received recovery funds from a Federalagency .shall-submit a report to that agency that contains-- (1) the total amount of recovery funds received from that agency; (2) -the amount of recovery funds received that were expended or obligated to .projects of activities; and (3) a detailed list of all. projects or activities for which recovery funds. were expended or obligated;. including-- (A) the name of the project or activity; (B) a description of the project or activity; , (C) an evaluation of the completion status of the projector activity; (D) an estimate of the number of jobs created and the number of jobs- retained by-the projector activity; and -JAG ARRA Subrecipienf Agreement 50 (E) for infrastructure investments made. by state and local governments,: the purpose; total cost, and rationale of the agency for funding the .infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include--the data elements .required to comply-with the Federal Funding Accountability and Transparency Acf of 2006_ (Public Law 109-282), .allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. (24) RECOVERY.ACT - Protecting State and Local Government and Contractor Whistleblowers (Recovery Act, §1553) - The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose .information- reasonably believed to be evidence of gross management, gross waste, substantial- and specific danger to public.-health or safety; abuse of :authority, or violations of law :related to contracts or grants using Recovery Act funds. For additional information, refer to §1553 of the Recovery Act. The ext of Recovery Act is available: at www.ojp.usdoj:gov/recovery. (25) RECOVERY ACT -Limit on Funds (Recovery Act, §1604.) The recipient agrees that none of the funds under this award -may be used by any State or oval government, or any.private entity, for construction costs. or any other support. of any casino' or other gambling establishment, aquarium, -zoo, golf-course; or swimming pool (26) RECOVERY ACT -Infrastructure Investment (Recovery Act, §§1511 and 1602) _ The recipient agrees that it-may not use any funds made available under this Recovery Act award for infrastructure investmenf absent submission of a satisfactory certification .under-§1511 of the Recovery Act. Should the -recipient decide to .use funds for infrastructure investment subsequent to award, he recipientmustsubrnit-appropriate certifications under. §1511 of the. Recovery Act and receive prior approval-from OJP. In seeking such approval,. ahe recipienf shall give preference to activities that can be started and completed- expeditiously, and shall use award fundsin a manner-that maximizes job creation and economic benefits. The text of the Recovery Act (including §§151.1 and 1602) is available at www.ojp.usdoj;gov/recovery. (27) RECOVERY ACT -.Buy American. Notification (RecoveryAct,-§1.605) The recipient understands that this award is subject to the provisions of §1.605 of the Recovery Act ("Buy American"): No award funds may be used for iron, steel, or manufactured goods for a project for the construction,- JAG ARRA Subrecipienf Agreement 51 alteration,. maintenance, or repair of a public building or public work; unless the recipient provides advance written notification to the QJP program office, and a Grant Adjustment Notice is issued that modifies. this special condition to add government-wide standard .conditions (anticipated to be published in subpart B of 2 CFR part 176) that further implement the pecific requirements or exceptions of §1.605. §1605 of the Recovery Act prohibits use of any Recovery Act funds. for a .project for fhe construction, alteration; maintenance, or repair of a:public building or public work unless. all of the iron, steel, and-manufactured goods -used. in the project are produced in the United States, subject to certain exceptions;: including United States obligations-under international agreements. For purposes of his special:condition,-the following definitions apply:- ".Public building" and ``public work" means a public building of; and a public work of; a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States, State and-local governments; and multi-State, regional, or interstate entities which have. governmental functions). These buildings. and works may include,- without limitation; bridges; dams, plants, highways, parkways, streets, subways, tunnels, sewers;. mains, power lines, pumping stations; heavy .generators, railways, airports; terminals, docks; .piers; wharves,.-ways, lighthouses, buoys, jetties, breakwaters; levees; and canals,. and the construction, alteration., maintenance; or repair of-such buildings and works. "Manufactured good" -means a good brought to the construction site for incorporation into the building or work #hat has been-- {1) Processed into a specific form and shape; or (2) Combined with other raw material to create amaterial-that has different properties -than the properties of the. individual raw materials. "Steel" .means an alloy-that includes at least 50 percent iron, .between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention facilities;. prisons, public crime- victims'.shelters; police facilities, or other similar-projects will likely: trigger this provision. NOTE: The recipient is encouraged to contact the OJP program manager - in advance-with any questions concerning this condition, including its- applicability to particular-circumstances. JAG ARRASubrecipient Agreement 52 (28) RECOVERY-ACT -Wage-Rate. Requirements .under §1.606 of the Recovery- Act (a) §1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant. to the Recovery Act shall be-paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter 1V of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and-the Copeland Act, 40 U.S.C.. §3145, the Department of labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related-Acts. Regulations in 29 GFR 5.5 instruct agencies concerning application of-the standard-Davis-Bacon contract clauses set forth in that section. The standard-Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in-any covered contracts made under this award that are in excess of $2,000 for construction; alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate: requirements. of §1606; contact .your awarding agency.. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis- Bacon requirements to a particular federally assisted: project to the Federal... agency funding the project. The Secretary of Labor retains final-coverage authority under Reorganization Plan Number 14. (29) RECOVERY ACT - NEPA and Related Laws: The recipient understands that all OJP awards are subject to-the National e Environmental Policy Act (NEPA; 42 U.S.C: §4321 et seq.) and other related Federal laws (including-the National Historic Preservation Act), if applicable. The recipient agrees to assist OJP in carrying out-its :responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such: as renovation or construction: (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with aII Federal, State,-.and local environmental laws and .regulations. applicable to the development and implementation of the activities to be funded-under this award. (30) RECOVERY-ACT.- Misuse of award. funds The recipient understands and agrees that misuse of award funds. may result in a range of penalties, including suspension of current and future funds, suspension or debarment-from federal grants; recoupment of monies provided under an award, and civil and/or criminal penalties. (31) RECOVERY ACT -Additional Requirements and Guidance -JAG ARRA Subrecipienf Agreement 53 .The recipient agrees to comply with any modifications or additional requirements that may be imposed bylaw and future OJP (including government-wide) guidance and clarifications of Recovery Act requirements. (32) RECOVERY-ACT -JAG -Delinquent §1512(c) reports .The recipient acknowledges that it has certified that it will.comply with all. .reporting requirements. under §1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to: be available for award recipient use by October 10, 2009.)- Further to this certification, a failure to comply with the §1512(c) reporting requirements may, in addition to other penalties, subject. -the recipient to the following: (1) After failure to report §1512(c)-data for two consecutive-reporting periods, the recipient may be- (a) precluded from drawing down funds under any OJP award; and/or (b) deemed ineligible for future discretionary OJP awards, until such time as the recipient- becomes current in its §1512(c).reporting obligations; and (2) After failure to report.§1512(c) data for three consecutive reporting periods, the recipient, upon written demand. of the Director of BJA, shall return to OJP any unexpended -award funds (including any unexpended interest earned on award funds) within 15 calendar-days: of the date of the demand .notice. Thereafter, the recipient's award- shall be converted to a cost- reimbursable grant until.such #ime as the recipient becomes current in its §151.2(c) reporting obligations, and remains current for not less than two .additional consecutive reporting periods. (33) RECOVERY ACT -:Certification of Investment Infrastructure .Recipient has certified-that it does intend to-use some. portion. of this awartl for infrastructure investment projects. Except to the extent, if any, hat BJA has given prior written approval to expend -funds to conduct the- review and vetting regtaired:bylaw, recipient may-not draw down, obligate, or expend any-funds received under this award-for any infrastructure investment project until. (1) §151.1 of fhe Recovery Act has been satisfied-for each-such infrastructure project,- including the requirement that an adequate project-specific certification-has been executed (by the Governor, mayor, or other chief executive as appropriate), posted,-and- submitted to :BJA; and (2) all applicable .requirements under the National Environmental Protection Act and other .relevant federal environmental. and preservation lawshave been satisfied. (34) Recipient may-not obligate, expend or drawdown funds until the Bureau of Justice Assistance; Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate ~ jurisdictions and-has issued a:Grant Adjustment Notice (GAN) releasing this special condition: (35) RECOVERY ACT -Active CCR Registration- JAG ARRASubrecipient Agreement 54 The recipient agrees expeditiously to obtain active registration with the Central Contractor Registration (CCR) database, and to notify the program office in writing. of its registration. Following. satisfaction of this- requirement, a Grant Adjustment Notice will. be issued to remove this special condition. 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