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County of Orange - 2016-08-23
AGREEMENT TO TRANSFER FUNDS 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) THIS AGREEMENT is entered into this 23 r day of kSjt 2016, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the City of url�tnGwn &a&l , a municipal corporation. WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency on behalf of 10 (ten) units of local government, including SHERIFF and the cities of Anaheim, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Orange, Santa Ana and Westminster, hereafter referred to as "SUBGRANTEES". As required by the jurisdictional application, the SHERIFF has applied for, received and accepted the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance (hereinafter referred to as "JAG". WHEREAS, the purpose of the grant is to supplement the resources available to prevent and control crime within the County of Orange that are operated by individual agencies included in the above referenced 10 units of local government, as set forth in Attachment A "Program Narrative", which is attached hereto and incorporated herein by reference. WHEREAS, the terms of the grant require that certain grant funds be transferred to SUBGRANTEE to be used for grant purposes, which may include local initiatives, technical assistance, strategic planning, research and evaluation, data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and information systems for law enforcement, as more particularly described in Attachment A hereto. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to reimburse SUBGRANTEE for reasonable and permissible expenditures to support activities CFDA 16.738 2016 JAG U.S. Department of Justice Page 1 of 5 AGREEMENT TO TRANSFER FUNDS 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) related to proposed grant project(s). In order to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B ("How to Apply for JAG Grant Reimbursements"), which is attached hereto and incorporated herein by reference. In no event will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C ("JAG Program Allocation"); which is attached hereto and incorporated herein by reference, unless expressly approved in writing by the Department of Justice, Office of Justice Program's State assigned Policy Advisor. 2. SUBGRANTEE shall be reimbursed with said JAG funds only for expenditures necessary to acquire personal property or equipment as set forth in Attachment A hereto [hereinafter called "grant property and equipment"] or to perform such other grant functions, if any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds. 3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in Attachment D ("Edward Byrne Memorial Justice Assistance Grant Reporting Requirements"), attached hereto and incorporated herein by reference. CFDA 16.738 2016 JAG U.S. Department of Justice Page 2 of 5 AGREEMENT TO TRANSFER FUNDS 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are attached hereto as Attachment E ("2016 Grant Award & Special Conditions") and incorporated herein by reference. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment hereunder. 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A, B, C, D and E hereto. 11. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. CFDA 16.738 2016 JAG U.S. Department of Justice Page 3 of 5 AGREEMENT TO TRANSFER FUNDS 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) 13. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request, during usual working hours. 14. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 15. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. H H CFDA 16.738 2016 JAG U.S. Department of Justice Page 4 of 5 AGREEMENT TO TRANSFER FUNDS 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: ee"Z-v '2016 APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL By Deputy DATED: 7Lc�-6 .2016 ATTEST: By �a, City C erk DATED: 1 0 - 1 i ` , 2016 COUNTY OF ORANGE, a political subdivision of. the State of California By Sandra Hutchens, Sheriff -Coroner Sheriff -Coroner Department "COUNTY" SUBGRANTEE By DATED: /r�•/-'-zofA. , 2016 �MICHAEL E. GATES CITY ATTORNEY rY OF HUNTINGTON BEACH >5Q taj1\u- Ow CFDA 16.738 2016 JAG U.S. Department of Justice Page 5 of 5 C�- Attachement A 2016 JAG EXPENDITURE FORM 2016-DJ-BX-0746 PROGRAM NARRATIVE General Description of Program Activities: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a major source of federal criminal justice funding to state and local jurisdictions. The JAG funds support programs in law enforcement; prosecution and court, including indigent defense; prevention and education programs; corrections and community corrections; drug treatment and enforcement; planning, evaluation, and technology improvement and crime victim and witness. The County of Orange has been certified as disparate; therefore, a jurisdictional application must be submitted on behalf of the eligible units of local government for which the applicant and fiscal agent is the County of Orange. The Bureau of Justice Statistics uses a formula for the allocations which is based on the JAG formula, population and Part 1 violent crime statistics as reported through the UCR by the FBI. The Sheriff's Department will provide oversight for the grant; write the application and submit it to US DOJ; the application will include a Standard Form 424, program narrative, budget and budget narrative, review narrative, abstract and Memorandum of Understanding (MOU). The Department will also obtain approval from CEO, County Counsel, & the Board of Supervisors; and will communicate with all parties involved throughout the grant process. Quarterly financial reports, performance metrics and annual progress reports are required for the life of this grant. Technical assistance to meet compliance will also be provided to each grantee as necessary to achieve successful outcomes. Locally, JAG funds will be utilized to support a broad range of activities to prevent and control crime. Attachement A 2016 JAG EXPENDITURE FORM 2016-DJ-BX-0746 Grantee: County of Orange — Sheriff Coroner Department The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows - PURPOSE AREAS JAG funds may be used for local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systemsthat will improve or enhance operations. PROJECT NARRATIVE The Orange County Sheriff's Department has determined the need for upgrading minor equipment for day to day operations of the Emergency Communications Bureau. Eight radio units and eight single station chargers will be procured through Motorola. TIMELINE AND/OR PROJECT PLAN Once the funds are received and made available by the County Board of Supervisors' approval process, the equipment requested will be purchased. All purchases must go through the required County purchasing process and may be subject to competitive public bid. *Radios will be ordered prior to November 25, 2016 and ship prior to December 30, 2016 to be eligible, FUNDING Total Allocation: $20,035.00 Administrative Fee (9%): $1,803.15 Funds Retained by City/County: $18,231.85 Equipment Details and Pricing Qty. Model Description List Price Promotio Extended Book n 8 H51UCF9PW6 N APX 4000 7/800 MHZ MODEL 2 PORTABLE $5,575 $3,735 $3,345.00 $26,760.00 A02812 APX4000 3600 AND 9600 INTEROP A04865 ADD:TWO KNOB CONFIGURATION 15 ADD: AES/DES-XL/DES-OFB ENCRYPTION G996 ADD: PROGRAMMING OVER P25 OTAP 498 ENH: ASTRO 25 OTAR W/ MULTIKEY A05100 ENH:STD WARRANTY APPLIES -NO SFS A00582 ALT: IMPRES LI-ION 2300MAH UL 8 WPLN4232A IMPRES SINGLE UNIT CHARGER $69.25 $55.40 $443.20 SUBTOTAL $27,203.20 Pricing per Orange County Price Book Agreement # MA-060-15011560 TAXES $2,176.26 Pricing includes Orange County 2016 trade in promotional price. SHIPPING $0.00 Total Cost of project; $29,379.46 Total JAG allocation $18,231.85 Variance: $11,147.61 Grantee: City of Anaheim The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows Attachement A 2016 JAG EXPENDITURE FORM 2016-DJ-BX-0746 PURPOSE AREAS: Law Enforcement Programs - Overtime PROJECT NARRATIVE The Anaheim Police Department (APO) is requesting to use JAG funds to support overtime expenses for sworn personnel in the following divisions: Field Services, Community Services, Investigations, Support Services, Administration, and Special Enforcement. Although the police department has been actively recruiting and hiring new officers, staffing levels are still low. Therefore , utilizing overtime hours is necessaryto enhance public safety for the residents, visitors, and businesses in Anaheim. Overtime hours will be assigned to employees within the previously mentioned six divisions at the discretion ofAPD's command staff. PROJECT GOALS The goal for this project is to improve and enhance the community's safety, while working with a limited budget and reduced staffing levels. In order to accomplish this, overtime hours will be authorized at the discretion of the department's command staff. PROJECT STRATEGIES Overtime hours will be authorized for individual employees at the discretion of the command staff. A separate account code will be assigned specifically for this project. Acopy of all overtime documents will be approved by the appropriate personnel prior tosubmission for reimbursement. A payroll report of all overtime hours and any other required documentation will be included in each reimbursement request submitted tothe Orange County Sheriffs Department. PROJECT IDENTIFIERS Overtime BUDGET DETAIL AND NARRATIVE Overtime for the Department's personnel will range from $45.00 to $110.00 per hour, depending on the position and rank of each employee. Overtime is needed to continue implementing the proven crime reduction and prevention strategies the Department hasenacted . TIMELINE AND/OR PROJECT PLAN The project goals and objectives will be implemented upon DOJ's approval of the JAGprogram funds and Anaheim's City Council approval to utilize the JAG funds for this project FUNDING Total Allocation: $99,109.00 Administrative Fee (9%): $8,919.81 Funds Retained by City/County: $90,189.19 1 Attachement A 2016 JAG EXPENDITURE FORM 2016-DJ-BX-0746 Grantee: City of Buena Park The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows PURPOSE AREAS: PROJECT NARRATIVE The Buena Park Police Department would like to use the JAG funding to supplement our current Police Service Aide Program. As a result of our city's budgetary constraints, we continue to have several sworn police officer positions either eliminated and or frozen. Police Service Aides will be able to assist by taking non-violent reports, assisting in traffic control and provide community service at our front counter. Some of these tasks have been completed by a sworn police officer. Using funds from this program enable us to free up sworn police officers for critical calls for service and maintain community protection in a timely manner. PROJECT GOALS The goal for this project is to maintain current Police Service Aide program. In turn, this will free up sworn police officers for responses to critical incidents in a timely manner. PROJECT STRATEGIES Police Service Aides will continue to assist I everyday tasks of taking reports for non-violent crimes and other miscellaneous duties usually handled by sworn police officers.. The project will reduce the amount of reports taken by police officers and allow them to be more available for emergencies. Additionally, it will allow a reduction of response times to emergency calls for service. PROJECT IDENTIFIERS Community Policing BUDGET DETAIL AND NARRATIVE Buena Park Police Department's Police Service Aide program will utilize this additional funding to provide salaries for this program. We received some funding from a previous JAG grant process 2014-DJ-BX-0038. The deployment plan will consist of approximately 1,152 hours of staff time to assist in handling everyday tasks of investigating and writing reports for non-violent crimes and incidents usually handled by sworn officers. This is based on part-time Police Service Aides at an average pay rate of $13.57 per hour paid through the JAG grant allocation. TIMELINE AND/OR PROJECT PLAN We will continue to fund the PSA Program which will free up the time of our police officers and reduce response times to emergency calls for service in less than five minutes within the grant period. FUNDING Total Allocation: $17,181.00 Administrative Fee (9%): $1,546.29 Funds Retained by City/County: $15,634.71 Attachement A 2016 JAG EXPENDITURE FORM 2016-DJ-BX-0746 Grantee: City of Costa Mesa The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows PURPOSE AREAS: Law enforcement programs PROJECT NARRATIVE Costa Mesa Police Department's proposed project is to help fulfill a county mandate and engage in a phased integration of handheld electronic traffic citation technology (e-citation) in order to eliminate the current hard -copy, paper citations being sent to court. The proposed e-citation technology will enable personnel to complete their work more efficiently, while seamlessly integrating citation and offender data into the agency's electronic Record Management System, as well as automatically providing that same information to the Orange County Superior Court. The county intends to convert to a completely paperless traffic citation process in the near future. The e-citation system conforms to the county's paperless requirements. Currently, the department lacks funding to purchase additional e-citation devices to equip necessary on -duty personnel. PROJECT GOALS The department's project goal is to eliminate paper citations by purchasing handheld e-citation devices for officers assigned to field patrol services. Almost every department in Orange County has already initiated their phased purchases of e-citation technology. This project will allow the Costa Mesa Police Department to purchase the first wave of e-citation units assigned to patrol personnel as part of a department -wide integration and help fulfill the county's mandate, as outlined by the Integrated Law and Justice Agency of Orange County (IUAOC). PROJECT STRATEGIES To accomplish the department's 2016 JAG project goal, the department will obtain quotes from vendors that can supply the identified service, technology, and/or equipment needed. PROJECT IDENTIFIERS 1) Equipment — General 2) System Improvements BUDGET DETAIL AND NARRATIVE Preliminary quotes have been obtained for the department's proposed program. The estimated cost is: E- Citation Devices - $20,000 TIMELINE AND/OR PROJECT PLAN The project objectives and goals will be instituted immediately upon approval of the Costa Mesa City Council and the department's ability to utilize the JAG allocation for expenditures FUNDING: Total Allocation: $21,983.00 Administrative Fee (9%): $1,978.47 Funds Retained by City/County: $20,004.53 Attachement A 2016 JAG EXPENDITURE FORM 2016-DJ-BX-0746 Grantee: City of Fullerton The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows - PURPOSE AREAS: JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: . Law enforcement programs. PROJECT NARRATIVE Outline the Proposed program activities for the life of grant — Funding for the proposed JAG 2016 Cold Case Project will pay for 2 part-time Consultants/Detectives to continue to re -open, re -investigate and, where possible, solve cold cases of homicide through the use of technology not available at the time the crime was committed. Outline the type of programs to be funded by the JAG award — The 2016 JAG grant will be used exclusively for the Cold Case Project noted above. Provide a brief Analysis of the need for the programs — Currently, the Fullerton Police Department has 25 unsolved cases of murder on its books going back over 40 years. Clearly, the crime of murder calls for the greatest use of police resources to ensure justice for the victim, the victim's loved ones, and the murderer. However, through a lack of evidence and witnesses, and - especially with decades -old crimes - a lack of technology, some crimes of murder were seemingly impossible to solve. Now, recent and rather astounding advances in both the collection and analysis of evidence make it possible to solve previously unsolvable cases. Nonetheless, these cold cases will still require many hours of old- fashioned detective work, and with reduced budgets and a Police Department already stretched to its limits preventing and solving present-day crimes, these cold cases do not receive the attention and resources they deserve. The Department's ongoing Cold Case Project was initiated through JAG funding, and currently, our detectives are involved with four cold cases, two of which are close to completion. 2014 and 2015 JAG funds enabled these Cold Case detectives to identify a suspect for a 1983 homicide and submit their case to the District Attorney's Office. However, due to a finding of insufficient evidence and the inherent difficulties of cold cases, the DA's office chose not to pursue this case. Nonetheless, the detectives' hard work resulted in a measure of satisfaction and closure in knowing that this 30-year old case had been given a very thorough second look and that everything that could be done was done, using current investigative techniques. The proposed JAG 2016 Cold Case Project would provide the needed manpower to continue three other cases which are especially time-consuming and difficult to investigate due to the many years which may have transpired since the crime was committed. PROJECT GOALS The primary goal of the project is to reopen and reinvestigate cold cases of homicide and, where possible, solve and prosecute these cases. PROJECT STRATEGIES With oversight from the Sergeant in charge of the Detective Unit, the Cold Case Project will utilize the expertise and experience of two retired police detectives acting as consultant/specialists to reopen, reinvestigate and, where possible, solve cold cases of murder. Having experienced retired detectives earning a modest hourly rate of $32.87 per hour means that the funding dollars will go much further than paying regular detectives. Both of these detectives will work an estimated 10 hours per week (520 hours each) for Attachement A 2016 JAG EXPENDITURE FORM 2016-DJ-BX-0746 one year for a total of 1,040 man hours. The Fullerton Police Department will pay for any in -kind costs exceeding the JAG 2016 budget. These detectives will review the Department's cold cases and give priority to those with DNA evidence which could now provide clues sufficient to bring a killer or killers to justice or at least bring closure to a case. Besides managing the newly -reopened cases and directing the processing of evidence, with the in -kind assistance of the CSI staff and the Orange County District Attorney's Lab, these detectives will also conduct interviews and other research as necessary. When sufficient evidence is produced and a murder suspect is identified, these cold cases will, whenever possible, be brought to the District Attorney's Office for prosecution. The proposed 2016 JAG funding will allow our Cold Case detectives to continue focusing on two 2015 JAG - funded cold cases from 2001 and 2004, plus two very old cold cases from 1973 and 1977 that the detectives have just recently taken on. PROJECT IDENTIFIERS See 2016 JAG Identifiers (attached) Cold Cases BUDGET DETAIL AND NARRATIVE Outline how JAG funds will be used to support and implement the program — Include a breakdown of costs as well as an overview of how funds will be allocated across approved JAG purpose areas (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, and an Other category) — All monies will be used to pay the $32.87 per hour Personnel cost of the two Consultants/ Detectives. $32.87/hr. x 2 detectives x 520 hrs. $34,184.80 Less In -Kind 5,947.23 TOTAL JAG 2016 COST $28,237.57 TIMELINE AND/OR PROJECT PLAN Identify when the goals and objectives will be completed. Due to the complexities of a cold case, a specific timeline and guarantee of solving a cold case is not possible. However, it is projected that cold case detectives will reopen, thoroughly investigate and, where possible, solve and bring for prosecution one to two cold cases within one year. FUNDING Total Allocation: $31,027.00 Administrative Fee (9%): $2,792.43 Funds Retained by City/County: $28,234.57 Attachement A 2016 JAG EXPENDITURE FORM 2016-DJ-BX-0746 Grantee: City of Garden Grove The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows PURPOSE AREAS: JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improveor enhance such areas as: Corrections and community corrections programs. PROJECT NARRATIVE The Police Department will use 2016 JAG funds to pay a portion of its jail services contract. The first contract was put into place in 2000, and has saved the Department tens of thousands of man-hours. What was previously at least a two-hour process for the arresting officer now takes only 15 minutes, allowing the officer to return to patrolling the streets. The jail services contract is an indispensable component of Department operations and iskeyto maximizing officer's time spent out inthe community. PRO] ECT GOALS The Department's goal for utilizing a jail services contract is to create operational efficiencies and increase time patrol officer's time spent "on the streets." The time saved is equal to the productive hours of more than six patrol officers, and this time can be used to augment patrol operations. PROJECT STRATEGIES Contracting out jail services allows the Police Department to concentrate much more of its efforts on community safety rather than expending energy and resources on jail operations. Prior to the contract, officers would spend approximately two hours processing and transporting an arrestee. If the arrestee required medical clearance, that process could be extended by several hours. Now, sworn police officers complete 1 Attachment A 2016-DJ-BX-0000 preliminary paperwork on the arrestee and return to their field duties in as little as 15 minutes while the jailers complete the fingerprinting, photographing, transporting, etc. procedures. This increases the officer's availability to handle additional calls for services. In 2015, the jailers processed 5,921 arrestees, saving sworn officers approximately 11,842 hours that would have been spent processing arrestees. PROJECT IDENTIFIERS Community Policing; Detention (Non-residential). The Garden Grove Police Department implemented the Community Policing philosophy many years ago. Contracting out staffing of the detention facility facilitates that philosophy, by enabling patrol officers to return to their beat areas more quickly. BUDGET DETAILAND NARRATIVE The funds retained by the City will help to offset the annual cost of the jail services contract. For FY 2016-17 the monthly cost of the contract will be $44,172. The cost covers staffing, operating expenses, and management fees, as well as liability insurance maintained by the vendor. Personnel services provided under this contract guarantee 24/7/365 staffing of the jail at 9.625 FTE. TIMELINE AND/OR PROJECT PLAN The jail is a 24/7 operation and operates 365 days a year. The goals and objectives for the program are met on a continual basis, by allowing officers to return to their patrol duties quickly, thus enhancing the policing presence in the City. FUNDING Total Allocation: $34,681.00 Administrative Fee (9%): $3,121.29 Funds Retained by City/County: $31,559.71 Page 9of14 Attachment A Grantee: City of Huntington Beach 2016-DJ-BX-0000 The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows - PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement and planning, evaluation, and technology improvement PROJECT NARRATIVE Proposed program activities — The Huntington Beach Police Department proposes evaluating and implementing a body worn camera program during the life of this grant. We are currently developing policy for the program and will be testing three different vendors. Once the vendor is chosen, we will use the awarded grant funds for the purchase of the body worn cameras, docking stations, hardware and network infrastructure support to implement the program. Program need — Body worn cameras can help improve the high -quality public service expected of police officers and promote the perceived legitimacy and sense of procedural justice that communities have about their police departments. Furthermore, departments that are already deploying body -worn cameras tell us that the presence of cameras often improves the performance of officers as well as the conduct of the community members who are recorded. This is an important advance in policing. PROJECT GOALS Our goal would be to implement a body worn camera, using the technology and evidence it creates to further the mission of providing law enforcement services to our community and maintaining public trust. PROJECT STRATEGIES After careful evaluation of different vendors, developing policy and community support, our strategy will be to equip every uniformed police officer of the department with a body worn camera, as part of a department wide body worn camera program. PROJECT IDENTIFIERS Body Worn Cameras BUDGET DETAIL AND NARRATIVE The purchase will be used for body worn camera equipment only. The cameras cost between $600 and $800 each depending on which vendor we choose. We will be equipping approximately 150 uniformed officers at a cost of $90,000 - $120,000. We will use the awarded grant funds to partially pay for the equipment cost. The remaining cost will come from other funds within our agency budget. TIMELINE AND/OR PROJECT PLAN The body worn camera project should be completed and implemented by March 31, 2016. FUNDING Total Allocation: $28,439.00 Administrative Fee (9%): $2,559.51 Funds Retained by City/County: $25,879.49 Page 10of14 Attachment A Grantee: City of Orange 2016-DJ-BX-0000 The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows PURPOSE AREAS: The purpose area for use of funds is Law Enforcement. PROJECT NARRATIVE Over the years, the Orange Police Department SWAT Team realized, through training and operations, the need for equipment to enhance the observation ability of our members during the hours of darkness. Critical incidents and surveillance operations commonly occur at night making observation and intelligence gathering difficult. Long Rifle Unit members have related they are not able to identify subjects involved in critical incidents especially during night time trainings and operations with standard equipment. This hinders the abilities of the decision makers as they do not get exact intelligence. Being able to accurately describe involved persons, locations, and geographic areas is imperative for observers to provide accurate and real time intelligence to persons in charge of these operations. The timely identification of offenders and/or victims is critical intelligence that in some cases may save a life and ensure the right person is apprehended or rescued. By obtaining this high quality night vision optic for the Long Rifle Unit, it will enhance the response and operational capabilities of the department's resources and enhance night time observations. This will assist Long Rifle Unit members with surveillance and intelligence gathering giving those in command timely situational awareness. This intelligence is critical when trying to resolve incidents, arrest criminals, protect officers and the public. The acquisition of night vision optics allows for this capability. PROJECT GOALS To obtain the fourth generation night vision optic for any of our Long Rifle Unit members to attach to their rifle allowing them full view during night time operations. This hardware will allow for any of the unit members to utilize this capability allowing more situational awareness of an incident. PROJECT STRATEGIES The night vision optic will be used by the Orange Police Department Long Rifle Unit as a tactical observation tool to obtain timely, accurate and real time intelligence during agency operations. PROJECT IDENTIFIERS Equipment - Tactical Officer Safety Surveillance BUDGET DETAIL AND NARRATIVE JAG funds will be used to purchase a SPA Defense SXR Night Vision Optic device. • SPA Defense SXR Night Vision Optic $10,500 Sales Tax: $840 Tota I : $11, 340 TIMELINE AND/OR PROJECT PLAN Once the funds are received and made available through the City's normal approval process, it is anticipated that product ordering, delivery, and setup would be complete within 4 weeks. Use of the device would begin immediately. Any additional funding will be from other City of Orange funding sources. FUNDING: Total Allocation: $11,311.00 Administrative Fee (90/6): $1,017.99 Funds Retained by City: $10,293.01 Page 11of14 Attachment A Grantee: City of Santa Ana 2016-DJ-BX-0000 The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows PURPOSE AREAS: Law Enforcement Programs PROJECT NARRATIVE Outline the Proposed program activities for the life of grant.• Through the use of grant funding, the City of Santa Ana Proposes a three pronged approach to reducing criminal activity. Funding will allow: Augmentation of our gang enforcement for gang suppression detectives: Funding will provide for gang enforcement activity with suppression details working overtime to target specific enforcement of gang members involved in violent behavior. The department currently lacks the manpower and fiscal resources to address this problem, these officers will be deployed directly into the neighborhoods being most negatively impacted by gang activity and will be funded for the three-year grant period. Enhancement of Educational Opportunities: The Santa Ana Police Department believes Community Oriented Policing (COP) has been and must remain at the core of crime reduction. A major component of COP is educational opportunities offered to residents. Officers as well as non -sworn staff will offer COP -related training programs on an overtime basis to complete this goal. Funding will cover the entire grant performance period. Enhancement of Community Policing: Funding will provide for community policing enforcement operations with suppression details working overtime to address crimes of public disorder specifically tied to community complaints. The department currently utilizes a robust community complaint tracking system to ensure responsiveness to resident concerns. Funding will cover the entire grant performance period. This funding will equate to approximately 1,218 hours of additional law enforcement resources within our community. Outline the type of programs to be funded by the JAG award; The Department will utilize the funds for personnel overtime. The remainder of the funds will be utilized to offer educational opportunities for neighborhood associations, community gatherings and residents ranging from children to adults. Provide a brief Analysis of the need for the programs; Santa Ana's criminal street gang population of approximately 4,200 gang members accounts for less than two percent of the City's population; however, this criminal element significantly impacts the quality of life for the members of our communities by instilling fear and intimidation through violent crime. This conduct threatens the safety and stability of our neighborhoods. The Department routinely receives between 20 and 30 specific community complaints per week which are directly related to the gang problem in our city. Enforcement related activities will be coupled with an educational component, which will enhance public understanding, trust and confidence. PROJECT GOALS The goal of this project is to reduce criminal activity and increase public safety through enhanced enforcement and educational efforts. Page 12 of 14 Attachment A 2016-DJ-BX-0000 PROJECT STRATEGIES The use of selective enforcement overtime, response to community complaints, coupled with crime analysis data, allows resources to be specifically deployed in areas of increased criminal activity during time frames found to be most beneficial to project goals: 1. Contact gang members and individuals involved in crimes of public disorder to gain intelligence, investigative information and ensure problem solving for prosecutorial purposes while striving to resolve longstanding community concerns. 2. Increase the number of arrests and successful prosecution of gang members. 3. Increase the number of community complaints resolved. 4. Reduce the fear gang members evoke in the community and decrease community concerns through high visibility police presence and enforcement activities. 5. Offer enhanced educational opportunities through schools, community associations and neighborhood watch groups. PROJECT IDENTIFIERS Career Criminals; Community Policing; Conferences and Training; Crime Prevention; Criminal Intelligence; Education; Gangs; Mentoring; Public Engagement; Violence Violent Crime Offenders BUDGET DETAIL AND NARRATIVE Funds will be utilized for personnel overtime. No funds are allocated for supplies, consultants or contracts. Personnel (Overtime): $90,189.19 1,218 hours @ $74.00 per hour TIMELINE AND/OR PROJECT PLAN Months 1-36: Gang Enforcement and Community Complaint enforcement continues throughout the life of the grant. Months 1-36: Educational endeavors and advanced gang investigative training continue throughout the life of the grant. FUNDING Total Allocation: $99,109.00 Administrative Fee (9%): $8,919.81 Funds Retained by City/County: $90,189.19 Page 13of14 Attachment A Grantee: City of Westminster 2016-DJ-BX-0000 The grantee proposes to use the 2016 Justice Assistance Grant Program funding as follows PURPOSE AREAS: JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: V Law enforcement programs. PROJECT NARRATIVE The Westminster Police Department does not have sufficient rifles available for all our patrol officers. We are requesting the use of the 2016 JAG grant funds to purchase twelve (12) AR-15 Rifles and related equipment. PROJECT GOALS Expand existing inventory of rifles and related equipment to be available to each Patrol Officer. PROJECT STRATEGIES Expanding existing inventory of rifles and tactical equipment will entail the purchase of the following: �� fir �. -�. '.' +.�� ,� " �, ,t�✓' � POF AR-15 Basic Renegade 5.56mm 12 _ Magpul AR-15 _ w/ clear window_ _ 50 Surefire Scout flash lights _Magazines 6000, tail cap, 500 Lumens 12 Magpul AR-15� � �_ 1913 vertical grips 12 PROJECT IDENTIFIERS Firearms and Tactical Equipment BUDGET DETAIL AND NARRATIVE nsion or exisuna rifle ana reiarea eau POF AR-15 Magpul AR-15 r in Basic Renegade 15.56mm Magazines w/ clear window wiii consist or Durcnase or me ronowi .00 1 12 1 0.08 13.50 1 50 1 0.08 983.84 729.00 Surefire Scout 6000, tail cap, $ flash lights 500 Lumens $ 189.00 12 0.08 2,449.44 Magpul AR-15 1913 vertical $ grips $ 30.00 12 0.08 388.80 a47,5-51.08. TIMELINE AND/OR PROJECT PLAN Purchase of rifles and related tactical equipment will be completed within twelve (12) months of grant award. FUNDING Total Allocation: $20,302.00 Administrative Fee (9%): $1,827.18 Funds Retained by City/County: $18,474.82 Page 14of14 Attachment B HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 2016-DJ-BX-0746 1. A letter on your cities letterhead that includes or states the following: A. Your agency's request for reimbursement in the amount of $ ; B. Reference the specific JAG Award Year and Number: 2016 JAG DJ-BX-0746. C. List of items purchased and types of costs being claimed for the quarter that match your city's initial write-up/request; D. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide; E. Letter is to be signed by the person authorized in the JAG Program MOU (City Manager). 2. Required attachments to the letter: A. FEDERAL FINANCIAL REPORT Your agency is required to submit quarterly Federal Financial Report using a Standard Form SF-425 (OMB). This report reflects the cumulative actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The Federal Financial Report is due at the Sheriffs Department Financial Division by the due dates indicated below: Qtr. ending 03-31-YY due no later than 4/10 Qtr. ending 06-30-YY due no later than 7/10 Qtr. ending 09-30-YY due no later than 10/10 Qtr. ending 12-31-YY due no later than 01/10 Reference guides for completing Federal Financial Reports is available at the DOJ-OJP website http://www.ojp.usdoi.gov/funding/fonns.htm B. INVOICE BILLING OCSD a. The package should include an invoice from the city billing the Orange County Sheriff s Department (OCSD). The invoice/bill should reference the grant name, grant number and quarter ending date. b. OCSD will reference your city's invoice number when reimbursement is made to your city. C. BACKUP DOCUMENTS a. All invoices/receipts and relevant purchase orders pertaining to federal monies spent. b. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. c. Copies of signed check(s) for purchase(s) and general ledger reports clearly indicating expenditures for the quarter. All of the above documents must be provided to our office: otherwise vour claim will not be rocessed. Please send your claims to: Orange County Sheriff s Department-Financial/Admin. Division Attn: Karla Lazaridis 320 N. Flower Street, Suite 108, Santa Ana, CA 92703 Contacts Please directprogram and compliance related questions to Nancy Nguyen (NMNQuyenkocsd. org) and questions about reporting to Blanca Ramos (bramoskocsd.org). Financial Inquiries: call Karla Lazaridis at Sheriff's Financial Management (714) 834-6675 Attachment C Award #2016-DJ-BX-0746 9% 2016 Justice Assistance Grant (JAG) Local Allocations Allocation Admin Fee Retained by City CA ORANGE COUNTY (Sheriff's Department) $20,035.00 $1,803.15 $18,231.85 CA ANAHEIM CITY Municipal $93,640.00 $8,427.60 $85,212.40 CA BUENA PARK CITY Municipal $17,181.00 $1,546.29 $15,634.71 CA COSTA MESA CITY Municipal $21,983.00 $1,978.47 $20,004.53 CA FULLERTON CITY Municipal $31,027.00 $2,792.43 $28,234.57 CA GARDEN GROVE CITY Municipal $34,681.00 $3,121.29 $31,559.71 CA HUNTINGTON BEACH CITY Municipal $28,439.00 $2,559.51 $25,879.49 CA ORANGE CITY Municipal $11,311.00 $1,017.99 $10,293.01 CA SANTA ANA CITY Municipal $99,109.00 $8,919.81 $90,189.19 CA WESTMINSTER CITY Municipal $20,302.00 $1,827.18 $18,474.82 TOTALS $377.708.00 33 993.72 W43.714.28 Attachment D 2016-DJ-BX-0746 FY2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS Programmatic Reporting Categorical Assistance Progress Reports Reporting on the progress of the grant program is required. Some grants may require an annual submission of progress report information. Most programs require semiannual and/or quarterly reporting. Reporting requirements are specified in the grant solicitation and in the special conditions specified in the award. Questions concerning progress reporting should be directed to the Program Manager for the award. Quarterly Programmatic (PMT) Reporting periods are: January 1 — March 31 April 1 — June 30 July 1— September 30 October 1— December 31 Reporting requirements must be met during the life of the grant. A full explanation of these requirements can be found in the OJP Financial Guide, which may be accessed at http://www.ojp.usdoj.gov/financialguide/index.htm. Also check special conditions on awards for additional reporting requirements. GPRS will not permit access to funds if financial reporting is delinquent. The following information concerns: • Single Audit Reports • Categorical Progress Reports • Federal Financial Reports Single Audit Reports A special condition may be included with your award that details reporting requirements for audit reports. Please review and comply with that special condition. There is no form for submission of audit reports; however, a transmittal letter is needed. Information about the letter and the rules for single audits may be found in the OJP Financial Guide, Post award Requirements, Audit Requirements and in OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. The submission of audit reports for all grantees shall be as follows: State and Local Governments, Institutions of Higher Education, and Nonprofit Institutions. Completed audit reports for fiscal years earlier than 2007 should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East 10th Street, Jeffersonville, IN 47132. Completed audit reports for fiscal years 2008 and later should be submitted on the Federal Audit Clearinghouse's Web site at http://harvester.census.gov/sac. Do NOT submit your audit reports to OJP unless specifically requested. Attachment D 2016-DJ-BX-0746 • Commercial Organizations and Individuals. One copy of all audit reports should be mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATTN: Control Desk, 810 Seventh Street NW., Room 5303, Washington, DC 20531. Contacts Please direct program and compliance related questions to Nancy Nguyen (NMNguyenkocsd.org) and questions about reporting to Blanca Ramos (bramosgocsd.org). Correspondence can be sent to: Grant Operations Orange County Sheriff -Coroner Dept. Research & Development 431 The City Drive South Orange, CA 92868 (714) 935-6869 Attachment E iY> :=d _ Office of Justice Programs August 16, 2016 Ms. Lisa Bartlett County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Ms. Bartlett U.S. Department of.lustice Office of Justice Programs Bureau of Justice Assistance I Yashingion, D.C. 20531 On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $377.708 for County of Orange. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: Program Questions, Gale Farquhar, Program Manager at (202) 598-9522; and Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfoQusdcj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures Page 1 of 20 Page 2 of 20 OFFICE FOR CIVIL RIGHTS .� Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR0usdoj.gov Website: www.ojp.usdoj.gov/ocr August 16, 2016 Ms. Lisa Bartlett County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Ms. Bartlett: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October I, 2013. "file OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently .Asked Questions are available at http://ojp.gov/abotit/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Page 3 of 20 Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title Vi of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the DOJ to fiend inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of beneficiary's religion. For more information on the regulation, please see the OCR's website at http://w%vw,ojp.usdoj.gov/about/ocr/cqual_fbo.htni. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e), the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-bv- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http:/hvww.ojp.tisdoj.gov//about/ocr/pdfs/UscofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. if warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42204(c), .205(c)(5)). Page 4 of 20 Meeting the EEOP Requirement If your organization has Tess than fitly employees or receives an award of Tess than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at I'ttP://www.ojp.tisdoj.gov/abotit/ocr/pdfs/cert.pdf If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review, instead, your organization has to maintain the Utilization Report on file and make it available for review on request. in addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://%v%vw.o.ip.usdoj.gov/abotit/ocr/pdfs/cert.pdf If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/aboudocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://%vww.o.ip.usdQi.gov/about/ocr/pdfs/cert.pdf To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by a -mail at EEOsubmissonnusdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of'discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify Subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor Subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://),vww.ojp.usdoi.gov/ftinding/other requirements.htm. Ifthe OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact its. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance I PAGE I OF 13 •'"•: F'' Grant I I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. County of Orange AWARD NUMBER: 2016-DJ-BX-0746 10 Civic Center Plaza Santa Ana, CA 92701 5. PROJECT PERIOD: FROM 10/01/2015 TO 09/30/2019 BUDGET PERIOD: FROM 1010112015 TO 09/30/2019 6. AWARD DATE 08/16/2016 8. SUPPLEMENT NUMBER 7, ACTION Initial 2a. GRANTEE IRS/VENDOR NO. 950009281 00 2b. GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT so 111950874 3. PROJECT TITLE FY 16 JAG Program 10..AMOUNT OF THIS AWARD S377,708 11. TOTAL AWARD $ 377,708 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY 16(BJA - JAG) 42 USC 3750, et seq. 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFD.A Number) 16.738 - Edward Bvme Memorial Justice Assistance Grant Program 15, METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL -- 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Lisa Bartlett Director Board of Supervisors Chair 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNA IRE OF AUTHORIZED �A' ENT OFFI IAL 19A. DATE ) � �1 ���/// AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. RDJUGT0208 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS .AMOUNT x B DJ 80 00 00 377108 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS .ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) APPROVE D as .r O OFFICE CF THE COIjPJTY COUNSEL ORANGE CouNTy, CA41FORNIA %�;, Page 6 of 20 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0746 AWARD DATE 08/16/2016 SPECIAL CONDITIONS Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Office ofJustice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 2016 award supplements funds previously awarded by OJP under the same award number (e.g., finds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all finds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the Office of Justice Programs (OJP) website at http://ojp.gov/hmding/Part2000n iform Requirements. htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact O.IP promptly for clarification, 2. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance, 3, Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successftd completion Of Such a training on or after January I, 2015, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- ( I ) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successfill completion of such a training on or after January 1, 2015, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at http:/Avww.ojp.gov/training/fmt&litm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. OJP FORM 4000i2 (REV. 4-88) Page 7 of 20 "=x�4 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-0746 AWARD CONTINUATION SHEET Grant AWARD DATE 08/16/2016 PAGE 3 OF 13 SPECIAL CONDITIONS 4. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(t), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal finds during the period of performance for this award, the recipient promptly must determine whether finds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http://www.sain.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identi tiers are posted on the OJP web site at http://()jp.gov/funding/Explore/SAM.litm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at http://Ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: Award Condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. OJP FORA 4000/2 (REV. 4-88) Page 8 of 20 U.S. Department of Justice t Office of Justice Programs �. Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-0746 AWARD CONTINUATION SHEET Grant AWARD DATE 08/16/2016 SPECIAL CONDITIONS PAGE 4 OF 13 8. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- ON considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/Noncomm petitiveProcureent.litm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the ON web site at http://ojp.gov/funding/Explore/ProhibitedConduct-'frafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and ON authority to terminate award)), and are incorporated by reference here. 10. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events "file recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that tern is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the "2015 DOJ Grants Financial Guide"), 11. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to ON in the manner (including within the timeframes) specified by ON in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. 12. ON Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with ON award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://ojp.gov/funding/ojptrainingguidingprinciples.htin. OJP FORM 4000/2 (REV. 4-88) Page 9 of 20 U.S. Department of Justice /,.. Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0746 AWARD DATE 08/16/2016 SPECIAL CONDITIONS 13. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award finds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016, Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at http:/hvww.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 17. Restrictions on "lobbying" Federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient (or subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. OJP FORM 4000/2 (REV. 4-88) Page 10 of 20 U.S. Department Of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 13 i Grant PROJECT NUMBER 2016-DJ-BX-0746 AWARD DATE 08/16/2016 SPECIAL CONDITIONS 18. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2016) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal finds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval ofOJP. 19. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DO1 Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- ( I) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530: (2) e-mail to: oig.hoilinenusdoj.gov; and/or (3) the DO1 OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (I'ax ). Additional information is available from the DO1 OIG website at littp:Hwww.usdoj.gov/oig. ON FORM 4000/2 (REV. 4-88) Page 11 of 20 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0746 AWARD DATE 08/16/20I6 SPECIAL CONDITIONS 20. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. I. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized tinder this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives fiords under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV 4-88) Page 12 of 20 U.S. Department of.lustice r Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-0746 AWARD CONTINUATION SHEET Grant AWARD DATE 08/16/2016 SPECIAL CONDITIONS 21. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 8 OF 13 The recipient must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OV W, as appropriate) for guidance. 22. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 23. The recipient agrees to comply with O.1P grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant finds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 24. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients of award finds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 25. Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. OJP FORM 4000/2 (REV. 4-88) Page 13 of 20 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION 1 Bureau of Justice Assistance SHEET PAGE 9 of is q Grant i PROJECT NUMBER 2016-DJ-BX-0746 AWARDDATE 08/16/2016 SPECIAL CONDITIONS 26. In order to promote information sharing and enable interoperability among disparate systems across thejustice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http:/hvww.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 27, To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the 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. 28. 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, ifOJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be tined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a tine with federal funds. 29. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee fitrther agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 31. Award recipients must verity Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and a -mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (CMS) to document changes. 32. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (intemet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 33. The recipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. OJP FORM 4000/2 (REV. 4-88) Page 14 of 20 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION ?� Bureau of Justice Assistance SHEET PAGE io of 13 Grant PROJECT NUMBER 2016-DJ-BX-0746 AWARD DATE 08/16/2016 SPECIAL CONDITIONS 34. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 35. 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 the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the 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 to 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 property located in an environmentally or historically sensitive area, including properties located within a i00-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine meth amphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.litml, for programs relating to 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 national or program environmental assessment i of that funded program or activity. i 36. The recipient is required to establish a trust fiord 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 the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to the Office of Justice Programs at the time of closeout. 37. JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. OJP FORM 4000/2 (REV. 4-88) Page 15 of 20 "? U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-D1-BX-0746 AWARD CONTINUATION SHEET Grant AWARD DATE 08/16/2016 SPECIAL CONDITIONS PAGE II OF 13 38. Ballistic -resistant and stab -resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, ballistic -resistant and stab -resistant body armor purchased must be American - made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safetv- initiative.htm. 39. The recipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 40. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the DOJ 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 JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 41. The recipient agrees that funds received trader 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 enforcement activities. 42. Award recipients must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through GMS (https:Hgrants.ojp.tisdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 43. Any law enforcement agency receiving direct or sub -awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 44. BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at littps:Hwww.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at https://vvww.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at https://w,�%,%v.bja.gov/SuccessStoryList.aspx. 45. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf OJP FORM 4000/2 (REV. 4.88) Page 16 of 20 U.S. Department of Justice . i$s Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-0746 AWARD CONTINUATION SHEET Grant AWARD DATE 08/16/2016 PAGE 12 OF 13 SPECIAL CONDITIONS 46. The recipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 47. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award fimds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of I ) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federal ly-acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here: I'ttPs:HNvww.Nvhitehouse.gov/sites/default/files/dots/le_equipment_wg final_report_final.pdf 48. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf 50. Recipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. C. Agencies may not transfer or sell any Controlled Equipment purchased tinder this award to non-LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. 51. The recipient may not expend or draw down any funds under this award until it has submitted to the Bureau of Justice Assistance (BJA) the required certification related to its body -worn camera policies and procedures and a Grant Adjustment Notice has been issued removing this special condition. OJP FORM 4000/2 (REV. 4-88) Page 17 of 20 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION r Bureau of Justice Assistance SHEET i PAGE 13 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0746 AWARD DATE 08/16/2016 SPECIAL CONDITIONS 52. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance (BJA) has received documentation demonstrating that the state or local governing body review and public comment requirements have been met and a Grant Adjustment Notice (GAN) has been approved releasing this special condition. 53. The recipient may not expend or draw down any award funds until: ( I ) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued removing this special condition. i i I OJP FORM 4000/2 (REV. 4-88) Page 18 of 20 U.S. Department of Justice e` Office of Justice Programs ~} Bureau of Justice Assistance Washingmn, JA C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange The Edward Byrne Memorial Justice Assistance Grant ProgramfJAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Page 19 of 20 U.S. Department of Justice Office of Justice Programs r Bureau of Justice Assistance "this project is supported under FY 16(BJA - JAG) 42 USC 3750, et seq. I. STAFF CONTACT (Name & telephone number) Gale Farquhar (202)598-9522 3a. TITLE OF THE PROGRAM 2016 Edward Byrne Memorial Justice Assistance Grant Program 4. TITLE OF PROJECT FY 16JAG Program GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER . 2016-DJ-BX-0746 PAGE I OF I 2. PROJECT DIRECTOR (Name, address & telephone number) Linh Vuong Revenue/Audit Manager 320 N. Flower Brad Gates Building - Financial Svcs Santa Ana, CA 92703-5000 (714) 834-5460 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 5. NAME & .ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 i 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2015 TO: 09/30/2019 17ROM: 10/01/2015 TO: 09/30/2019 i 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 377,708 08/16/2016 I 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT i 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT i i 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) '['he Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support abroad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for slate and local initiatives, range technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: I ) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community i corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technolo&ry improvement programs; and 7) crime victim and witness programs (other than compensation). The Orange County Sheriff Coroner Department will serve as the fiscal agent for the FY 16 JAG Grant and finds will be used to support a broad range of activities to prevent and control crime in Orange County, California. NCA/NCF I OJP FORM 4000/2 (REV. 4-88) If *� s"ER'FF f;s ORANGE COUNTY -; SHERIFF'S DEPARTMENT o�aroaN^ice._ \. SHERIFF -CORONER SANDRA HUTCHENS v August 26, 2016 Robert Handy, Chief of Police City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: 2016 Justice Assistance Grant (JAG) Transfer Agreements Chief Handy, The 2016 JAG application (DJ-BX-0746) has been awarded by the Department of Justice to the Orange County Sheriff -Coroner as the jurisdictional fiscal agent responsible to administer and oversee project implementation. To legally distribute these federal funds to individual city municipalities, please obtain the signature of the City Manager to formally execute the 2016 JAG Agreement to Transfer Funds. Send two signed hard copies of the signature form, to the address below by September 17, 2016. Mail to: G-X%-�S�`'��✓� l--n Grant Operations, Research and Development ©� ZS ZOI (o Orange County Sheriff -Coroner Department RE: 2016 JAG Transfer Agreements 431 The City Drive South Orange, CA 92868 Enclosed for your 2016 contract files, is the award package as downloaded from the Department of Justice. Retain this in your programmatic files for audit purposes. Please contact me with any questions pertaining to this process or award. Thank you for your continued support in advancing the goals of the Justice Assistance Grant (JAG) within this county. Very Respectfully, Nancy M. Nguyen Grants Operations Manager 714-935-6869 NMNauven(a)ocsd.ora NMNguyena_ocsd.org 431 THE CITY DRIVE SOUTH, ORANGE, CA 92868 (714) 935-6661 Integrity without compromise • Service above self • Professionalism in the performance of duty • Vigilance in safeguarding our community City Of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk October 17, 2016 Grant Operations, Research and Development Orange County Sheriff -Coroner Department RE: 2016 JAG Transfer Agreements 431 The City Drive South Orange, CA 92868 To Whom It May Concern: Enclosed for your records are two formally executed originals of the "Agreement to Transfer Funds 2016 Edward Byrne Memorial Justice Assistance Grant (JAG)." Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan o Waitakere, New Zealand