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Cal OES Violence Against Women Act Grant (LE19036860) for th
f Prl�CVED 4-C� 1 _ City of Huntington Beach File #: 20-1446 MEETING DATE: 3/2/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subject: Approve Cal OES Violence Against Women Act Grant (LE19036860) for the 2020 calendar year which includes accepting the grant between the State of California, Governor's Office of Emergency Services (Cal OES) and the City; authorize the Chief of Police to execute documents; approve the appropriation of $203,143 which is fully reimbursed by the grant from Cal OES; and, amend the Professional Services Listing to include provided domestic violence services Statement of Issue: The Police Department applied for a grant through the California Governor's Office of Emergency Services (Cal OES) to fund our Violence against Women Program. The Police Department was notified of its award of $203,143. City Council approval is necessary to fully accept the grant from the State. The grant has a three-year funding cycle, with the third year being January 1 , 2020 to December 31, 2020. Financial Impact: A City match amount of $67,714 is required and has been included in the Police Department's budget under the General Fund, Account Number 10070203. The total project cost for the 2020 calendar year is $270,857 with the grant award offsetting $203,143 in new revenue. A new grant fund will be established upon approval by City Council. No additional appropriation of funds is necessary. Recommended Action: A) Accept the grant between the State of California, Governor's Office of Emergency Services (Cal OES) and the City of Huntington Beach; and, B) Assign authority to the Chief of Police as the official to execute and sign for the award and to approve amendments and extensions; and, C) Appropriate $203,143 for the Violence against Women Program costs, all of which will be reimbursed by the grant from Cal OES; and, D) Amend the Professional Services Listing to include domestic violence services in the amount of City of Huntington Beach Page 1 of 2 Printed on 2/26/2020 powerec(14 Legistarlm File #: 20-1446 MEETING DATE: 3/2/2020 $270,857. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The Police Department applied for and was awarded a grant by Cal OES to combat, investigate and prosecute domestic violence, sexual assault and stalking cases. This is the third year of a three-year grant cycle. The third-year grant funding is $270,857, which includes the $67,714 match. The majority of the grant will pay for the services of two Victim Advocates. The Victim Advocates are contracted through Waymakers Victim Assistance Program and Interval House. The remaining funds will pay for two part-time domestic violence investigators. This collaboration has been in effect since 1998. Since the inception of the Violence against Women Project, the Advocates have been continuously funded through a series of grants. The goal of the program is to help heal families and stop the cycle of violence. Without this grant, the Police Department would not be able to offer the services of Victim Advocates to victims of domestic violence. The Advocates work closely with a Police Department investigator to form a cohesive team to assist victims. The acceptance of the grant will pay for the collaboration involving the Police Department through December 31, 2020. The cash match of$67,714 is located within the existing Police Department budget. In addition, the agreement with Interval House offers priority shelter for domestic violence victims and their children from Huntington Beach on a 24-hour basis. The two part-time investigators assist a full-time detective, allowing the police department to investigate domestic violence incidents in a timely manner, resulting in improved services to victims. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Grant award letter and packet. City of Huntington Beach Page 2 of 2 Printed on 2/26/2020 powered LegistarTM GAVIN NEWSOM MARK S. GHILARDUCCI GOVERNOR DIRECTOR Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES January 24, 2020 Christopher Nesmith, Lieutenant Huntington Beach, City of 2000 Main Street Huntington Beach, CA 92648-2702 Subject: NOTIFICATION OF APPLICATION APPROVAL Law Enforcement Specialized Units Program Subaward #: LEI 03 6860, Cal OES ID: 059-36000 Dear Lt. Nesmith: Congratulations! The California Governor's Office of Emergency Services (Cal OES) has approved your application in the amount of $203,143, subject to Budget approval. A copy of your approved subaward is enclosed for your records. Cal OES will make every effort to process payment requests within 45 days of receipt. This subaward is subject to the Cal OES Subrecipient Handbook. You are encouraged to read and familiarize yourself with the Cal OES Subrecipient Handbook, which can be viewed on Cal OES website at www.caloes.ca.gov. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a close-out or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES. Should you have questions on your subaward please contact your Program Specialist. VSPS Grants Processing Enclosure c: Subrecipient's file 3650 SCHRIEVER AVENUE I MATHER, CALIFORNIA 95655 VICTIM SERVICES & PUBLIC SAFETY BRANCH TELEPHONE: (916) 845-8112 67 (Cal OES Use Only) y Cot OES# DS O00-tit] FiPS# p - 34oea VS# Subaward - CALIFO IA GOVERNOR'S OFFI-CE OF EMERGENCY SERVICES 68 GRANT SUBAWARD FACE SHEET The California Governor's Office of Emergency Services(Cal OES)hereby makes a Grant Subaward of funds to the following: 1, Subrecipient: City of Huntington Beach la.DUNS#:078143948 2. Implementing Agency: Huntington Beach Police Department - (mot` U� 2a.DUNS#: 078143948 I 3. Implementing Agency Address: 2000 Main Street ) Huntington Beach 92648-2702 _ (Street) (Cityl (Zip+4) 4. Location of Project: 20DO Main Street Huntington Beach,CA Orange 92648-2702 (City) (County) (Zip+4) 5. Disaster/Program Title: Law Enforcement Specialized Units Program 6. Performance 01/01/20 to 12/31/20 Period: (Start Date) IEnd Date) 7. Indirect Cost Rate: N/A Federally Approved ICR(if applicable): Item Grant Fund A.State t3..Federal `: C iota] D.Cash Match E In-Kind Match F.Total Match G.TofaC,Cost.- ,Number Year: ei . B• 2019 VAWA $203,143 $67,714 67,714 270,857 9. Select Select 10• Select Select 11. Select Select 12. Select Select ;Total Project Cost 203,143 $203,143 $67,714 b7,714 $270,857 13.Certification-This Grant Subaward consists of this title page,the application for the grant,which is attached and made a part hereof,and the Assurances/Certifications.I hereby certify i am vested with the authority to enter into this Grant Subaward,and have the approval of the City/County Financial Officer,City Manager,County Administrator,Governing Board Chair,or other Approving Body.The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward.The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws,audit requirements,federal program guidelines,and Cal OE5 policy and program guidance.The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget. 14.CA Public Records Act-Grant applications are subject to the California Public Records Act,Government Code section 6250 et seq.Do not put any personally identifiable information or private information on this application.If you believe that any of the information you are putting on this application is exempt from the Public Records Act,please attach a statement that indicates what portions of the application and the basis for the exemption.Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed. 15.Official Authorized to Sign for Subrecipient: Name: Robert Handy Title: Chief of Police Payment Mailing Addre • 2000 Main Stree City: Huntington Beach Zip Code+4: 92648-2702 Signature: Date: 16,Federal Employer ID Number: 956000723 (FOR Cal OES USE LY) I hereby certify upon my erson knowledge t at budgeted funds ar available far the period an s en ' stated above. ALL i ,7 1ll�l� Mica DES Fiscal Offic r (pate) al O esignee) (Date) �`�lt ENY:2019-20 Chapter:23 SL:18419 Item:0690-102-0890 Pgm:0385 FAIN#:2D19-WF-AX-0040 07/01/19-06/30/21 Fund:Federal Trust AL#:16.588 13 2019 019 Program:Law Enforcement Specialized Units Program NOV�+ Match Req.:25%,C/IK based on TPC Project ID:OESI9VAWA000012 fy�j 5 SC:2019-16419 Amount:$ 1 H 3 `I': cJ t Grant Subaward Face Sheet Cal OES 2-101(Revised 0812019) 68 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES SUPPLEMENTAL GRANT SUBAWARD INFORMATION 1. Cal OES Contact Information Section: Governor's Office of Emergency Services Mark S. Ghilarducci, Director 3650 Schriever Avenue Mather, CA 95655 (916) 845-8506 (phone) 2. Federal Awarding Agency Section: Total Total Local Fund Federal Program Fund / Federal Awarding Federal Year AL# Agency Award Assistance Amount Amount 2019 Violence Against Office of Violence $14,959,030 $13,4 33,127 Women Act (VAWA) / Against Women 16.588 Choose Choose an item. Choose an item. $ $ an item. Choose Choose an item. Choose an item. $ $ an item. Choose Choose an item. Choose an item. $ $ an item. Choose Choose an item. Choose an item. $ $ Ian item. 3. Project Description Section: • Project Acronym (Please choose from drop down): Law Enforcement Specialized Units Program (LE) • Project Description (Please type the Project DeD scription): Providing funding that will assist law enforcement agencies in California to enhance or create specialized units to provide a coordinated response to victims of domestic violence and their children. 4. Research & Development Section: Is this Subaward a Research & Development grant? Yes ❑ No ❑x Supplemental Grant Subaward Information—Cal OES 2-101 a(8/2019) 69 PROJECT CONTACT INFORMATION Subrecipient: City of Huntington Beach Subaward #: LE19036860 Provide the name, fitle, address, telephone number, and e-mail address for the project contacts named below. 1. The Project Director for the project: Name: Christopher Nesmith Title: Lieutenant Telephone #: 714-536-5918 Email Address:cnesmith@hbpd.org Address/City/Zip + 4: 2000 Main Street Huntington Beach 92648-2702 2. The Financial Officer for the project: Name: Kathy Baldwin Title: Accounting Technician II Telephone #: 714-536-5935 Email Address: kbaldwin@hbpd.org Address/City/Zip + 4: 2000 Main Street Huntington Beach 92648-2702 3. The person having Routine Programmatic responsibility for the project: Name: Jana Harden Title: Victim Advocate Telephone #: 714-536-5957 Email Address:_jharden@hbpd.org Address/City/Zip + 4: 2000 Main Street Huntington Beach 92648-2702 4. The person having Routine Fiscal responsibility for the project: Name: Kathy Baldwin Title:Accounting Technician If Telephone #: 714-536-5935 Email Address: kbaldwin@hbpd.org Address/City/Zip + 4: 2000 Main Street Huntington Beach 92648-2702 5. The Executive Director of a Community Based Organization or the Chief Executive Officer (i.e., chief of police, superintendent of schools) of the implementing agency: Name: Robert Handy Title: Chief of Police Telephone #: 714-536-5905 Email Address: rhandy@hbpd.org Address/City/Zip + 4: 2000 Main Street Huntington Beach 92648-2702 6. The Official Designated by the Governing Board to enter into the Grant Subaward for the City/County or Community-Based Organization, as stated in Section 15 of the Grant Subaward Face Sheet: Name: Robert Handy Title:Chief of Police Telephone #: 714-536-5905 Email Address:rhandy@hbpd.org Address/City/Zip + 4: 2000 Main Street Huntington Beach 92648-2702 7. The Chair of the Governing Body of the Subrecipient: Name: Erik Peterson Title: Mayor Telephone #: 714-536-5553 Email Address: erik.peterson@surfcity-hb.org Address/City/Zip + 4: 2000 Main Street Huntington Beach 92648-2702 Project Contact Information Cal OES 2-102 (Revised 07/2019) 70 SIGNATURE AUTHORIZATION Subaward #: LE19036860 Subrecipient: City of Huntington Beach Implementing Agency: Huntington Beach Police Department *The Project Director and Financial Officer are REQUIRED to sign this form. *Project Director: Chris oper Nesmith *Financial O'(fficer: Kathy Baldwin Signature: Signature: el Date: /U -3 0- 9 Date: 1C- 30 I The following persons are authorized to sign The following persons are authorized to sign for the P Q ect Director for the FlnancJ1ffiicee ,,,, Signature Signat Gaute"Bo"Svendsbo Jonath Haught Printed Name Printed Name Signature Signature Kurt Stoecklei Prin N Printed Name Signature Signature Tim Martin Printed Name Printed Name Signature Signature Printed Name Printed Name Signature Signature Printed Name Printed Name Signature Authorization-Cal OES 2-103 (Rev.07/2019) 71 CERTIFICATION OF ASSURANCE OF COMPLIANCE With Statutory Requirements of the Violence Against Women Act(VAWA) Fund As Amended, Services*Training*Officers*Prosecutors (STOP) Formula Grant Program 1, Robert Handy hereby certify that (official authorized to sign Subaward; same person as Section 15 on Subaward Face Sheet) Subrecipient: City of Huntington Beach Implementing Agency: Huntington Beach Police Department �u �t Project Title: Law Enforcement Specialized Units Proqram is responsible for reviewing the Subrecipient Handbook and adhering to all of the Subaward requirements (state and/or federal) as directed by Cal OES including, but not limited to, the following areas: I. Federal Grant Funds Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Subrecipient Handbook for more detail. ❑ The above named Subrecipient receives $750,000 or more in federal grant funds annually. ❑ The above named Subrecipient does not receive $750,000 or more in federal grant funds annually. II. Equal Employment Opportunity-(Subrecipient Handbook Section 2151) It is the public policy of the State of California to promote equal employment opportunity (EEO) by prohibiting discrimination or harassment in employment because of race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identify, gender expression, age , sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or'the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by state or federal law. Cal OES-funded projects certify that they will comply with all state and federal requirements regarding equal employment opportunity, nondiscrimination and civil rights. Please provide the following information: Equal Employment Opportunity Officer: Tiffany Bose Title: Human Resources Manager Address: 2000 Main Street Huntington Beach, CA 92648 Phone: 714-536-5917 - - Email: tiffany.bose@surfcity-hb.org Certification of Assurance of Compliance-VAWA Cal OES 2-104g (Rev.5/2019) 1 72 III. Drug-Free Workplace Act of 1990-(Subrecipient Handbook, Section 2152) The State of California requires that every person or organization subawarded a grant or contract shall certify it will provide a drug-free workplace. IV. California Environmental Quality Act(CEQA) - (Subrecipient Handbook, Section 2 153) The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 of seq.) requires all Cal OES funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance with CEQA requirements. V. Lobbying- (Subreciplent Handbook Section 2154) Cal OES grant funds, grant property, or grant funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. VI. Debarment and Suspension- (Subrecipient Handbook Section 2155) (This applies to federally funded grants only.) Cal OES funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency. VII, Proof of Authority from City Council/Governing Board -(Subrecipient Handbook Section 1350) The above named organization (Applicant) accepts responsibility for and will comply with the requirement to obtain a signed resolution from the City Council/Governing Board in support of this program. The Applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of Cal OES, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Subaward, including civil court actions for damages, shall be the responsibility of the grant u reclplent and the authorizing agency. The State of-California and-CaCOES cis clqim H responsibility of any such liability. Furthermore, it is also agreed that grant funds received from Cal OES shall not be used to supplant expenditures controlled by the City Council/Governing Board. Certification of Assurance of Compliance—VAWA Cal OES 2-104g (Rev,5/2019) 2 73 The Applicant is required to obtain a signed resolution from the City Council/Governing Board illustrating that the official executing this agreement is, in fact, authorized to do so. The Applicant is also required to maintain the signed resolution on-site, and a copy must be readily available upon request by Cal OES. Vill. Civil Rights Compliance The subreciplent complies will all laws that prohibit excluding, denying or discriminating against any person based on actual or perceived race, color, national origin, disability, religion, age, sex, gender identify, and sexual orientation in both the delivery of services and employment practices and does not use federal financial assistance to engage in explicitly religious activities. IX. Special Condition for Grant Subaward with Violence Against Women Act(VAWA) Funds 1 . Applicability of Part 200 Uniform Requirements The Subrecipient agrees to comply with 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"). 2. Compliance with DOJ Grants Financial Guide The Subrecipient 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. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (including reporting requirements and OJP authority to terminate award) The Subrecipient agrees to 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 Subrecipienf or individuals defined (for purposes of this condition) as "employees" of the Subrecipient. The details of the Subrecipient's obligations regarding prohibited conduct related to trafficking in persons are posted on the OJP website at: hftp://oip.gov/funding/Explore/Prohibited Con duct-Trafficking htm (Award condition: Prohibited conduct by Subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Certification of Assurance of Compliance—VAWA Cal OES 2-104g (Rev.5/2019) 3 74 4. Compliance with Applicable Rules Regarding Approval, Planning, and Reporting of Conferences, Meetings, Trainings, and Other Events The Subrecipienf agrees to comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements"in the "2015 DOJ Grants Financial Guide"). 5. Effect of Failure to Address Audit Issues The Subrecipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the Subrecipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 6. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The Subreciplent agrees to promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has, in connection with funds under this award (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by: o Mail: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; o E-mail: oig.hotline@usdoj.gov; o DOJ OIG hotline (contact information in English and Spanish,): (800) 869-4499; and/or o DOJ OIG hotline fax: (202) 616-9881. Additional information is available from the DOJ OIG website at http://www usdoLgov/oia. Certification of Assurance of compliance- VAWA Cal OES 2-104g (Rev.5/2019) 4 75 7. Compliance with General Appropriations-Law Restrictions on the Use of Federal Funds The Subrecipient agrees to 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 hftp://oip.gov/funding/Explore/FY2O16-Ar)pror)riafionsLawResfrictions htm and are incorporated by reference here. 8. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters The Subrecipient understands and agrees that no Subrecipient under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. a. In accepting this award, the Subrecipient: o Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and o Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, if will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. b. If the Subrecipient does or is authorized under this award to make subawards, procurement contracts, or both: Certification of Assurance of Compliance--VAWA Cal OES 2-iO4g (Rev.5/2019) 5 76 o It represents that (1) it has determined that no other entity that the Subrecipient's application proposes may or will receive award funds (whether through a subaward, procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and o It certifies that, if it learns or is notified that any Subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 9. Encouragement of Policies to Ban Text Messaging while Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Subrecipient understands that DOJ encourages Subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. Additional DOJ Awarding Agency Requirements The Subrecipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the Subrecipienf is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 11 . OVW Training Guiding Principles The Subreciplent understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Grantees and Subgrantees available at https://www.iustice.ciov/ovw/grantees. 12. Supplanting The Subrecipient understands and agrees that funds must be used to supplement, not Certification of Assurance of Compliance—VAWA Cal OES 2-104g (Rev.5/2019) 6 77 supplant, non-federal funds that would otherwise be available for the activities under this grant. 13. Statutory Requirements The Subrecipient agrees to comply with all relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.0 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 1 13- 4, and OVW's implementing regulations at 28 CFR Part 90. 14. Misuse of Award Funds The Subrecipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. The Subrecipients understands and agrees that grant funds may be used only for the purposes in the Subrecipient's approved application. 15. Consultant Rates The Subrecipient understands approval of this award does not indicate approval of any consultant rate in excess of $650 per day or$81 .25 per hour. A detailed justification must be approved by the grantor prior to obligation or expenditure of such funds. Although prior approval is not required for consultant rates below these specified amounts, Subreciplents are required to maintain documentation to support all daily or hourly rates. 16. Materials and Publications The Subrecipient understands and agrees that all materials and publications (written, visual, or sound) resulting from subgrant award activities shall contain the following statements: 'This project was supported by Subgrant No, LE19036860 awarded by the state administering office for the STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the aufhor(s) and do not necessarily reflect the views of the state or the U.S. Departmenf of Justice, Office on Violence Against Women." 17. Victim Safety The Subrecipient understands and agrees that grant funds will not support activities that compromise victim safety and recovery, such as: procedures or policies that Certificafiion of Assurance of Compliance-VAWA Cal OES 2-104g (Rev.5/2019) 7 78 exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; pre-trial diversion programs not approved by OVW or the placement of offenders in such programs; mediation, couples counseling, family counseling or any other manner of joint victim-offender counseling; mandatory counseling for victims, penalizing victims who refuse to testify, or promoting procedures that would require victims to seek legal sanctions against their abusers (e.g., seek a protection order, file formal complaint); the placement of perpetrators in anger management programs; or any other activities outlined in the solicitation under which the approved application was submitted. 18. Copyright Approval The Subrecipient understands advance written approval must be obtained to copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. In addition, the Subrecipient (or contractor or subcontractor) must comply with all conditions specified by the program manager in connection with an that approval, before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. The Subrecipient understands and agrees the Office on Violence Against Women reserves a royalty- free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work, in whole or in part (including in the creation of derivative works), for Federal purposes, and to authorize others to do so. The Subrecipient understands and agrees it is their responsibility (and of each contractor or subcontractor as applicable) to ensure that this condition is included in any subaward, contract, or subcontract under this award. Certification of Assurance of Compliance—VAWA Cal OES 2-104g (Rev.5/2019) g 79 All appropriate documentation must be maintained on file by the project and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Subreciplent may be ineligible for subaward of any future grants if the Cal OES determines that any of the following has occurred: (1) The Subrecipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION . .............. I, the official named below, am the same individual authorized to sign the Grant Subaward [Section 15 on Grant Subaward Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant Subrecipient to the above described certification. am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Authorized Official's Signature: Authorized Official's Typed Name: Robert Handy Authorized Official's Title:Chief of Police Date Executed:_ Federal Employer ID #:95-60000723 Federal DUNS #078143948 Current System for Award Management (SAM) Expiration Date:12/24/4-9- /0 12 Executed in the City/County of:Orange AUTHORIZED BY: (not applicable to State agencies) ❑ City Financial Officer ❑ County Financial Officer City Manager ❑ County Manager ❑ Govern! g B ar Chair Signature: Typed Name: Oliver Chi Title: City Manager Certification of Assurance of Compliance-VAWA Cal OES 2-104g (Rev.5/2019) 9 80 BUDGET CATEGORY AND LINE ITEM DETAIL Subrecipient: City of Huntington Beach Subaward#: LE19036860 A. Personal Services—Salaries/Employee 2019 VAWA Benefits VAWA MATCH Fund3 Fund4 FundS Fund6 COST SALARIES: $67,714 $67,714 Full-time Violence Against Women Investigator 1 FTE @ 100% The full-time investigator is assigned to cases involving domestic violence,sexual assault, stalking and restraining order violations. The investigators main responsibilities will include reviewing cases,conducting follow up investigations, identifying and arresting suspects,and submitting cases to the district attoney's office. Annual Regular Wages $46.19 x 40 x 52=$96,075 Specialty Pays: Longevity 10%x$96,075=$9,608 Holiday 4.8075% x$96,075=$4,619 Advanced Post Cert 6%x$96,075=$5,765 - - Education-BA 6% x$96,075=$5,765 Total annual pay (before benefits) =$121,832 Only using$67,714 as match Two(2) Part-time Violence Against Women $64,170 $64,170 Investigators 1,500 hours a year to work cases involving domestic violence,sexual assault, stalking, and restraining order violations. Their main responsibilities will include reviewing cases, conducting follow up investigations, identifying,and arresting suspects,and submitting cases to the district attorney's office, Hourly rate:$42.78 Number of hours: 1500 Total cost:$64,170 Personal Section Totals , $131,884 PERSONAL SECTION TOTAL ✓ ✓ $131,884 Cal OES 2-106a (Revised 10/2019) 81 BUDGET CATEGORY AND LINE ITEM DETAIL Subrecipient: City of Huntington Beach Subaward#: LE19036860 2019 VAWA B.Operating Expenses VAWA MATCH Fund3 Fund4 FundS Fund6 COST Contract for services with Waymakers Victim Assistance Program $114,509 $1 14,509 To provide one full-time,specifically trained, state certified Victim Advocate, Domestic Violence Counselor, Rape Crisis Counselor working 100%in the project providing services to victims of domestic violence, sexual assault, stalking and restraining order violations. Contract for services with Interval House Crisis Shelter $24,464 $24,464 To provide one FTE Domestic Violence Counselor to provide shelter based services to victims of domestic violence. Operating Section Totals $138,973 OPERATING SECTION TOTAL $138,973 Cal OE5 2-106a (Revised 10/2019) 82 BUDGET CATEGORY AND LINE ITEM DETAIL Subrecipient: City of Huntington Beach Subaward#: LE19036860 2017 2019 VAWA C. Equipment VAWA MATCH Fund3 Fund4 FundS Fund6 COST Equipment Section Totals EQUIPMENT SECTION TOTAL Cate` ory Totals Same as Section 12G an th.e Grant Subaward $203,143 $¢7,714 dace Sheet Tota! Project Cost 4, $20,857 Gal OES 2-106a (Revised 10/201 S) 83 2 f # 2 ) / o § o o § / K < • - © 2 ® ■ 2 _ £ 7 C m / q J E _ co m to 0 2 E q q . ) ` IN j IL } I / 2 00 0 2 0 0 0 0 0 0 0 0 0 5 5 e e ) I ( / W 2 CD / Z . . © ƒ # 2 § / o ; o 0 0 2 le 7 - N LU k � § o 0 § ; 1, 00 ■ © + ¥ 2 2 2tl o o a m to to n E / cn m m o CDN to q e o � 2 CL R o 0 0 = o 0 0 = o 0 0 o 0 0 2 % ) 2 , o § § § § J / / / / . � § 0 / / k ) \ E ] o 0 0 {. 1- 2 co E � � E c c E E w ri, o 1 < c m 2 < \ 2 < 4 (0 CD N m % m m ) 7 : > m 2 & 0 � CL 2 § \ � \ m o �t mt \ / . 7 2 § f 2j CL ® W ■ , CO / $ § § % | LL. 2 o \ f , # , § . L ] § v \ \ \ / \ \ \ \ \ \ \ s § \ CL m < < c ■ \_ $ fLL \ c m e § ( # o E / q u ' E , o f } E u } ® � m § LL u Q U- a 2 | 2 tu m 0) \ CL S. 0 2 q S. L | W / 2 � 2 � 0 d 0 0 0 0 . d \ � c 84 Subrecipient: City of Huntington Beach Subaward #: LE19036860 Budget Narrative Describe how the project's proposed budget supports the objectives and activities. The proposed budget for the Huntington Beach Collaboration: Violence Against Women Project supports the activities and objectives of the Law Enforcement Specialized Units Program by providing funds that directly support a certified Victim Advocate from Waymakers Victim Assistance Program, a FTE Domestic Violence Counselor from Interval House (local Cal OES-funded Domestic Violence Assistance Program), and three violence against women investigators, - all who work together to support collaborative and victim-centered law enforcement strategies to assist victims of domestic violence and their children in Huntington Beach. The budget funds one Waymakers Victim Advocate working 100% time on the Project. The budget supports one Cal OES-funded Domestic Violence Assistance Program FTE Domestic Violence Counselor position from Interval House. The budget utilizes a portion of the full-time investigator's salary as the required 25% matching funds, and the full-time investigator will be working 100% time on the Project. The budget funds two part-time investigators who will work 100% time on the Project. The Victim Advocate from Waymakers Victim Assistance Program and violence against women investigators are assigned to domestic violence, sexual assault, stalking, and restraining order violation cases, They will focus on thorough Budget Narrative—Cal OES 2-107(Revised 312019) 1 85 Subrecipient: City of Huntington Beach _ Subaward #: LE19036860 investigation techniques, training for law enforcement personnel, victim advocacy support and accompaniment during the investigation and prosecution stages, and the enhancement of protocols and practices for protective order violations. The Interval House Domestic Violence Counselor position assists victims of domestic violence by providing crisis intervention via a 24/7 hotline or in-person response if requested by HBPD, emotional support, social service assistance and priority shelter. Discuss how funds are allocated to minimize administrative costs and support direct services. Funds for the three HBPD violence against women investigators are entirely allocated to direct services. Funds designated for the Victim Advocate position from Waymakers Victim Assistance Program include a full-time certified Victim Advocate/Domestic Violence Counselor/Rape Crisis Counselor providing direct support services to victims of domestic violence, sexual assault, stalking, and restraining order violations, and per_the RFA, a 10% de Minimus rate of the Modified Total Direct Costs (MTDC) base. Funds designated for Interval House are for one FTE Domestic Violence Counselor. Describe how project-funded staff duties and time commitments support the proposed objectives and activities. The three HBPD violence against women investigators (one full-tirne,'two part- time) assigned to the Project investigate domestic violence, sexual assault, stalking and restraining order violation cases. The Violence Against Women Budget Narrative—Cal OES 2.107(Revised 3/2019) 2 86 Subrecipient: City of Huntington Beach Subaward #: LEI9036860 Investigators assigned to the Project have the following qualification and education requirements: They must have at least an intermediate POST certificate and specialized training beyond the academy level, related to domestic violence crimes. They must have a minimum of three years of California law enforcement experience. They must have knowledge of public safety laws and rules, proper search and seizure and arrest procedures. They must have the ability to apply public safety laws and rules to daily situations; analyze problems and to rationally and calmly take effective action in emergency and stressful situations. They must possess the ability to contact and establish liaison with officers and agents involved with law enforcement in an effort to obtain and share information. They must display a high level of self-motivation and self-initiated activity in past assignments while requiring minimum supervision. They must be able to coordinate workload and possess good time management skills. They must possess and demonstrate good written communication skills. Their responsibilities include: review in-custody, non-custody and preliminary investigation reports within 48 hours of the arrest or report, write supplemental reports on cases requiring further investigation; gather evidence including additional victim statements, witness statements, the identities of all children in the home, review previous incidents of domestic violence and criminal history, research restraining order information from Orange County Superior Courts online restrain',ng order database (WebDV) and the California Law Enforcement Telecommunication System (CLETS); complete case follow-up and discovery Budget Narrative—Cat OES 2-107(Revised 3/2019) 3 87 Subrecipient: City of Huntington Beach Subaward #: LE190368b0 requests from the District Attorney's Office; provide consultation, guidance, and resources for patrol officers and HBPD personnel on effective domestic violence intervention and response techniques; serve as a point of contact with the victim service providers for mechanisms of interagency accountability; and work in close collaboration with the victim service partners. The Project contracts with Waymakers for victim advocacy services to victims of domestic violence, sexual assault, stalking, and restraining order violations. The Victim Advocate from Waymakers is assigned full-time to the Project and work a 4/10 schedule, Monday-Thursday and is on-call 24/7 to respond to emergencies. The services provided by the Waymakers Victim Advocate at HBPD which support the Project's goals and objectives include: crisis intervention (in-person and crisis calls), emergency assistance to meet basic needs of food, utilities, transportation, and relocation, criminal justice system advocacy and support, accompaniment to law enforcement interviews and court, transportation assistance, resource and referral advocacy, civil legal advocacy/restraining order assistance, language translation services, assistance with California Victim Compensation Board Claims, and direct peer counseling and referrals. In addition, the Waymakers Victim Advocate at HBPD provides immediate in- person response to requests for advocacy by patrol and investigators on a 24- hour basis; provides consultation, resource materials and outreach materials to HBPD for the purpose of assisting officers and other relevant law enforcement employees; assists with the development and/or revision of officer and Budget Narrative—Cal OES 2-107(Revised 312019) 4 88 Subrecipienf.. City of Huntington Beach Subaward #: LEI 9036860 advocate protocols for responding to victims of domestic violence, sexual assault and stalking; assists with the training of officers on responding to victims of domestic violence, sexual assault and stalking; and serves as a point of contact with HBPD for developing and initiating mechanisms of interagency accountability. The Project contracts with Interval House (Cal 4ES funded Domestic Violence Assistance Program) for a full-time equivalent Domestic Violence Counselor, The Interval House Domestic Violence Counselor is available to respond to requests for advocacy by HBPD 24/7, provide consultation for resource and outreach materials for the purpose of assisting officers and other relevant law enforcement employees, assist with protocols for responding to victims of domestic violence, assist with training officers on responding to victims of domestic violence, serve as a point of contact with HBPD for developing and initiating mechanisms of interagency accountability, offer priority shelter for domestic violence victims and their children from Huntington Beach on a 24-hour basis, including but not limited to, a hotel when the shelters are full, provide crisis intervention through a 24/7 hotline, offer emotional support and social services assistance. The duties and time commitments of our Project staff clearly and consistently support our objectives and activities by being dedicated to providing coordinated community response to victims of violent crime and their children. Discuss the necessity of any subcontracts and any unusual expenditures. There are no subcontracts or unusual expenditures. Budget Narrative—Cat OES 2-107(Revised 3/2019) 5 - 89 Subrecipient__City of Huntington Beach Subaward #: LE19036860 There are no anticipated mid-year salary range adjustments, Budget Narrative--Cal OES 2-107(Revised 312019) 6 90 Subrecipient: City of Huntington Beach - Subaward #: LEI9036860 Proiect Narrative Plan and Implementation The Huntington Beach Collaboration: Violence Against Women Project meets the core program components and impacts the problem of domestic violence, sexual assault, stalking and restraining order violations through a coordinated effort between law enforcement and victim advocacy. This is accomplished with thorough investigation techniques, immediate victim advocacy, training for law enforcement, and the enhancement of protocols for protective order violations. Plan to Meet Core Program Components Victim Advocacy: HBPD contracts with Waymakers Victim Assistance Program for victim advocacy services to victims of domestic violence, sexual assault, stalking, and restraining order violations, and Interval House for shelter based services for victims of domestic violence and their children. The Waymakers Victim Advocate is housed at HBPD with the project Investigators. The full time FTE Interval House Domestic Violence Counselor is conveniently located nearby at the business office and confidential shelter location, Training Component: The full-time investigator and victim service partners will provide one training event to HBPD personnel focusing on domestic violence, sexual assault, stalking, and restraining order violations. The training will include the dynamics of power and control, identifying the dominant aggressor, crime scene investigation, evidence collection, firearms, search and seizure laws, offender dynamics and manipulation tactics, first responder safety, effective Project Narrative—Cal OES 2-108(Revised 3/2019) I 91 Subrecipient: City of Huntington Beach Subaward #: LEI9O3686O and thorough victim and suspect interview techniques, documenfing and photographing victim's injuries, medical release and confidentiality, taping victim interviews/statements whenever possible, noting children on reports as being present and/or witnesses to the crime and notifying Child Protective Services, effective report writing techniques and legal requirements, writing detail-specific and comprehensive crime reports that can effectively be used in prosecution, court hearings, restraining order cases, child protection and custody hearings and conservatorships, types of protective orders, officer safety, victim assistance resources, contacting the Victim Advocate from Waymakers and Interval House Domestic Violence Counselor for emergency victim response, and Marsy's Law Victims' Rights. Plan for Interagency Accountability. At HBPD, interagency accountability is addressed at the unit, bureau, and division management levels. At the management level, HBPD Lieutenant Christopher Nesmith is the designated Project Director who oversees the day-to- day operations of the project. He is available to all Project partners to meet through phone and in-person meetings to discuss implementation of services and interagency accountability. Plan for response to violations of protective orders for victim safety We have protocols in place for advocacy to victims who report restraining order violations. The Victim Advocate from Waymakers proacfively reaches out to Project Narrative—Cal OES 2-108 (Revised 3/2019) 2 92 Subrecipient: City of Huntington Beach Subaward #: LE19036860 victims to provide orientation to the criminal justice system, case status updates, accompaniment to law enforcement interviews, and safety planning. The investigators key strategies are to focus on proactive investigation of protective order violators with prior history of violence or court order violations. The investigators and Victim Advocate from Waymakers offer training to the patrol division on types of restraining orders, applicable laws, and enforcement strategies. Susfainability A unique feature to the Huntington Beach Collaboration: Violence Against Women Project is that the victim service providers are non-profit entities which allows for the project to apply for government, public, private, and foundation grants to help sustain the project. Each Project partner has stable and secure histories of fund development and will continue to pursue the successful fundraising strategies to ensure the Project's future. Project Narrative—Cal OES 2-108 (Revised 3/2019) 3 93 Operational Agreements (OA) Summary Form List of Agencies/Organizations/Individuals Date OA Signed Dates of OA (XX/XX/XXXX) From: To: 1• I County Orange a s Center 9 Y Rape Crisis 09/14/17 �01/01118 to 12/31/20 2. Orange County VictimNVitness Program — 09/14/17 101/01/18 to 112/31/20 3. Orange County District Attorney's Office 09/19/17 01/01/18 to 1 12/31/20 1 L4. Interval House — i 09/25/17 01/01/18 ;to 12/31/20 II 1 j V. I to [ I 6. 7. to ' I 8. to I 9. Ito ; 10. to -- Ito 12 ..._ �-- �t° 13. ' to I I 14. Ito + 15. I to . 1 16. to i 17. to 18. �-_------ --�_._._._..- —. ------------- Ito 1 19. to 20. 1 to i i Use additional pages if necessary. Operational Agreement Summary-Cal OES 2-160(Revised 712015) 94 Chief of Police Robert Handy lnvestlgatlan C�IVI�ici;rE �; Adrninist�at}VW OpOgtlons r � �IvISItyt7 iCapoinwar06 nj '`DetectivelBuleatw Bt�d'9etBUi��U Lt Chris res{nikh Accounting Techhician II ' Kith s �vvl Interval House !i, �604ilgdklpl15 U�I .% ATE Damestlx� : Vif S�,Cgaant ICGIt 5toec�<lejn � r �� rf �,vloiepce'Coyhsefar, "llicll`i=;r1Ge Against Worj en. (nvestjgator=full time, layon Lewis ,`VlalejjceAgainst'Won�n ; tl ' )n�estlgatpr�'part tat7j,e �'' u�nlw's�igtor parttoif�i �h; Waymakers Ulc�irn A�v'oL�te ,I , lana Harden , ; NON-COMPETITIVE BID REQUEST City of Huntington Beach LE19036860 SUBRECIPIENT NAME GRANT SUBAWARD # Complete this form, and provide required attachments, to request approval for a non-competitive bid procurement per Subrecipient Handbook (SRH) Section 3500. Approval is only required for contracts above $10,000, Contractor/Procurement: Interval House Total Contract/Procurement Amount: $ 24,464.00 Service Provided: 1 FTE Domestic Violence Counselor Contract Justification —Attach a narrative response addressing the following as Cal OES required by the identified SRH Section: Approval Yes N/A 3511, Explain conditions requiring a non-competitive/sole source contract. --0 3521.1 Provide a brief description of the product or service being procured. .`0.. 3521.2 Explain the necessity to contract non-competitively and how the price for the contract was determined, including: • Expertise of the contractor; ❑ • Management capabilities to perform the tasks required; El • Contractor's responsiveness to the need identified by the project; M • Contractor's relevant knowledge and experience; and • Justification of the reasonable of the cost. ❑ —El_ 3521.3 Explain the uniqueness of the contract, including: ❑ 0 • Patents, copyrights; • Facilities, investments; or • Continuation of an existing project. EJ 3521.4 Explain any time constraints, including: • When contractual coverage is required and why; — . El • Impact on project if dates are not met; and/or ED • Time required for another contractor to reach the same level for _ffl— competence. Procurement Justification —Attach a narrative response addressing the following as Cal OES required by the identified SRH Section: Approval Yes N/A 3522 Description of the product to be purchased; —ffl, Necessity of purchase; —P ❑ How the price of the product was determined; and ❑ -[ " Other pertinent background data. ._--0-_ El Non-Competitive Bid Request— Cal OES 2-156 (Revised 0112019) Page 1 of 2 96 Subrecipient Signature— Individual must be on the Signature Authorization Form (Cal OES 2-103) 1 certify a non-competitive bid is necessary for the contract/procurement identified on this form. Typed Name: Robert Handy Title; Chief of Police Signature: Date: Ca[ OES Approvals Program Specialist: Date Unit Chief: Date: Non-Competitive Bid Request— Cal OES 2-156 (Revised 01/2019) Page 2 of 2 97 City of Huntington Beach Huntington Beach Police Department Law Enforcement Specialized Unites (LE) Program LE19036860 NONCOMPETITIVE BID JUSTIFICATION FOR INTERVAL HOUSE FTE DOMESTIC VIOLENCE COUNSELOR SECTION 3511 Explain conditions requiring a non-competitive/sole source contract. Interval House is a local Cal-OES funded Domestic Violence Assistance Program that is geographically in this area. SECTION 3521.1 Provide a brief.description of the product or service being procured. The Interval House Domestic Violence Counselor position assists victims of domestic violence by providing crisis intervention via a 24/7 hotline or in- person response if requested by HBPD, emotional support, social service assistance and priority shelter for domestic violence victims and their children. SECTION 3521.2 Explain necessity to contract non-competitively. The decision was made based on the RFA requirement of contracting with a local Cal OES funded Domestic Violence Assistance Program. Interval House is a local Cal OES funded Domestic Violence Assistance Program that is geographically in this area. SECTION 3521.3 Explain the uniqueness of the contract. The Huntington Beach Police Department does not employ a Domestic Violence Counselor and per the RFA, is required to contract with a local Cal OES funded Domestic Violence Assistance Program for this service. 98 SECTION 3521.4 Explain any time constraints. The grant year is January 1, 2020=December 31, 2020. The impact on the project if dates are not met will be no service provision by the Cal OES required Domestic Violence Assistance Program. 99 NON-COMPETITIVE BID REQUEST City of Huntington Beach LE19036860 St BRECIPIENT NAME GRANT SUBAWARD# Complete this form, and provide required attachments, to request approval for a non-competitive bid procurement per Subrecipient Handbook (SRH) Section 3500. Approval is only required for contracts above $10,000. Contractor/Procurement: Waymakers Victim Assistance Program Total Contract/Procurement Amount: $ 114,509.00 Service Provided: Victim Advocate Contract Justification -Attach a narrative response addressing the following as Cal OES required by the identified SRH Section: Approval Yes N/A 3511 Explain conditions requiring a non-competitive/sale source contract. 3521.1 Provide a brief description of the product or service being procured. 3521.2 Explain the necessity to contract non-competitively and how the price for the --D— El contract was determined, including: • Expertise of the contractor; -© El - • Management capabilities to perform the tasks required; -a- [l • Contractor's responsiveness to the need identified by the project; -El— • Contractor's relevant knowledge and experience; and _ El • Justification of the reasonable of the cost. ❑ . E _ 3521.3 Explain the uniqueness of the contract, including: --E— • Patents, copyrights; ❑ =-E3._ • Facilities, investments; or ----e— El • Continuation of an existing project. --�—� 3521.4 Explain any time constraints, including: • When contractual coverage is required and why; -..-.0-_ (l • Impact on project if dates are not met; and/or --fl-- • Time required for another contractor to reach the same level for competence. Procurement Justification-Attach a narrative response addressing the following as Cal OES required by the identified SRH Section: Approval Yes N/A 3522 Description of the product to be purchased; El Necessity of purchase; _ How the price of the product was determined; and El -a Other pertinent background data. ------0-- El Non-Competitive Bid Request- Cal OES 2-156 (Revised 01/2019) Page 1 of 2 100 Subrecipient Signature— Individual must be on the Signature Authorization Form (Cal OES 2-103) I certify a non-competitive bid is necessary for the contract/procurement identified on this form. Typed Name: Robert Handy I Title: IChief of Police Signature: Date: 1 / Cal OES Approvals Program Specialist: Date Unit Chief: I .Date- �! Non-Competitive Bid Request—Cal OES 2-156 (Revised 01/2019) Page 2 of 2 101 City of Huntington Beach Huntington Beach Police Department Law Enforcement Specialized Unites (LE) Program LE19036860 NONCOMPETITIVE BID JUSTIFICATION FOR WAYMAKERS VICTIM ASSISTANCE PROGRAM SECTION 3511 Explain conditions requiring a non-competitive/sole source contract. The Orange County Board of Supervisors has designated Waymakers (formerly CSP Community Service Programs, Inc.), a non-profit community based agency, to receive reimbursement for Victim Assistance Program services and specialized victim services, Waymakers is under contract to the County of Orange to provide victim and witness services as defined by Section 13835 of the California Penal Code. Waymakers Victim Advocates are trained, certified and supervised as required by Penal Code Section 13835.10. Designated by the Orange County Board of Supervisors, Waymakers Victim Assistance Programs is the sole source provider of crime victim and witness services. SECTION 3521.1 Provide a brief description of the product or service being procured. The Victim Advocate from Waymakers Victim Assistance Program provides direct services to victims of domestic violence, sexual assault, stalking, and restraining order violations. SECTION 3521.2 Explain necessity to contract non-competitively. Waymakers is the sole source provider in Orange County of trained and certified Victim Advocates. The Waymakers Victim Advocate assigned to this Project has 26 years of experience providing direct services to victims of domestic violence, sexual assault, stalking, and restraining order violations. The Waymakers 102 Victim Advocate has been based at HBPD under VAWA STOP funding since 1998. She has completed the Entry- and Advanced-Level Victim Advocate training and NOVA Crisis Response training, is trained, certified and supervised as required by PC 13835.10, and is certified as both a Rape Crisis Counselor per Evidence Code Section 1035.2 and Domestic Violence Counselor per Evidence Code Section 1037.1 (a)(1). The Waymakers Victim Advocate is supervised by a Waymakers Program Director and coordinates the provision of victim services with the Project's Investigators and Project Director. Funds designated for the Victim Advocate position from Waymakers Victim Assistance Program include a full-time certified Victim Advocate/Domestic Violence Counselor/Rape Crisis Counselor working 100% time in the Project, providing direct support services to victims of domestic violence, sexual assault, stalking, and restraining order violations, and per the RFA, a 10% de Minimus rate of the Modified Total Direct Costs (MTDC) base. The cost is for direct service provision to victims of crime and their children. SECTION 3521.3 Explain the uniqueness of the contract. Waymakers is the sole agency that offers trained and certified Victim Advocates. The Waymakers Victim Advocate assigned to this project is a certified Victim Advocate, a Rape Crisis Counselor per Evidence Code Section 1035.2, and a Domestic Violence Counselor per Evidence Code Section 1037.1 (a)(1). The Huntington Beach Police Department does not employ victim advocates and must contract for this service. The Waymakers Victim Advocate has been based at HBPD for 21 years. SECTION 3521.4 Explain any time constraints. The grant year is January 1 , 2020-December 31 , 2020. The impact on fhe project if dates are not met will be no direct service provision from a Waymakers Victim Advocate to victims of domestic violence and their children. 103 There is no other provider of direct victim services from certified Victim Advocates. The Huntington Beach Police Department has a proven relationship with Waymakers for the past 47 years. Since 1998, HBPD has collaborated with Waymakers for specialized, certified victim advocacy services. 104 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT Su.brecipient City d Huntington beach Duns#078143948 FIP.S# D6059360{3- D sgs,pr Program°title: Law Enforcemen .Speciahz.6d units Program Performance Period: 01I01/21) #0 12/31120 Subaward Amount Requested '_1•- s Za3� t�13 Type of Non-Federal En#ity (Check Box). D State Gov, 0 Local Gov. ❑ JPA p Non Profit ❑Tribe . Per Title 2 CFR § 200,331, Cal OES is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass- through funding. This assessment is made in order to determine and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the award referenced above. The following are questions related to your organization's experience in the management of federal grant awards. This questionnaire must be completed and returned with your grant application materials. For purposes of completing this questionnaire, grant manager is the individual who has primary responsibility for day-to-day administration of the grant, bookkeeper/accounting staff means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and organization refers to the subrecipient applying for the award, and/or the governmental implementing agency, as applicable. Assessment Factors Res onse 1. How many years of experience does your current grant manager have >5 years managing rants? 2. How many years of experience does your current bookkeeper/accounting staff have managing grants? 3-5 years 3. How many grants does your organization currently receive? >10 grants 4. What is the approximate total dollar amount of all grants your organization receives? 4,000,000 5. Are individual staff members assigned to work on multiple grants? No 6. Do you use timesheets to track the time staff spend working on specific activities/projects? Yes 7. How often does your organization have a financial audit? Annually 8. Has your organization received any audit findings in the last three years? Yes 9. Do you have a written plan to charge costs to grants? Yes 10.Do you have writfen procurement policies? Yes 1 l.Do you get multiple quotes or bids when buying items or services? Sometimes 12.How many years do you maintain receipts, deposits, cancelled checks, invoices, etc.? >5 years 13.Do you have procedures to monitor grant funds passed through to other entities? Yes Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is accurate, coQWete and current. Signs • ( t rize gent) Date: 1- Print Name and Title: Robert Handy,Chief of Police Phone Number: 714-536-5902 Cal OES Staff Onl SUBAWA'Rb # Subrecipient Grants Management Assessment(Rea.P/2019) PROJECT SERVICE AREA INFORMATION l . COUNTY OR COUNTIES SERVED: Enter the name(s) of the county or counties served by the project. Put an asterisk where the project's principal office is located. Orange* 2. U.S. CONGRESSIONAL DISTRICT(S): Enter the number(s) of the U.S. Congressional District(s) which the project serves. Put an asterisk for the district where the project's principal office is located. 48* 3. STATE ASSEMBLY DISTRICT(S): Enter the number(s) of the State Assembly District(s) which the project serves. Put an asterisk for the district where the project's principal office is located. '72, 74* 4. STATE SENATE DISTRICT(S): Enter the number(s) of the Sfate Senate District(s) that the project serves, Put an asterisk for the district where the project's principal office is located. 37,37* .. 5. POPULATION OF SERVICE AREA: Enter the total population of the area served by the project. 20Q541 US Census population estimate as of 7/1/18 Project Service Area Information - Cal OES 2-154 (Revised 7/2019) 106 CERTIFICATION OF ASSURANCE OF COMPLIANCE Services'Training'Officers'Prosecutors (STOP) Formula Grant Program as authorized by the Violence Against Women Act (VAWA) 1, Robert Handy hereby certify that (official authorized to sign; same person as Section 15 on Grant Subaward Face Sheet) Subrecipient: City of Huntington Beach Implementing Agency: Huntington Beach Police Department Project Title: Law Enforcement Specialized Units Program is responsible for reviewing the Subrecipient Handbook and adhering to all of the Grant Subaward requirements (state and/or federal) as directed by Cal OES including, but not limited to, the following areas: I. Federal Grant Funds Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to Office of Management & Budget (OMB) Uniform Guidance 2 Code of Federal Regulations (CFR) Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Subrecipient Handbook for more detail. ❑i The above named Subrecipient receives $750,000 or more in federal grant funds annually. The above named Subrecipient does not receive $750,000 or more in federal grant funds annually. IL Equal Employment Opportunity - (Subrecipient Handbook Section 2151 ) It is the public policy of the State of California to promote equal employment opportunity (EEO) by prohibiting discrimination or harassment in employment because of race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age, sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by state or federal law. Cal OES-funded projects certify that they will comply with all state and federal requirements regarding EEO, nondiscrimination, and civil rights. Equal Employment Opportunity Officer: Tiffany Bose Title: Human Resources Manager Address: 2000 Main, Huntington Beach, CA 92648 Phone: 714-536-5917 Email: tiffany.bose@surfcity-hb.org Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev. 1/2020) 1 III. Drug-Free Workplace Act of 1990 - (Subrecipient Handbook, Section 2152) The State of California requires that every person or organization subawarded a grant or contract shall certify it will provide a drug-free workplace. IV. California Environmental Quality Act (CEQA) - (Subrecipient Handbook, Section 2153) The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.) requires all Cal OES-funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance with CEQA requirements. V. Lobbying - (Subrecipient Handbook Section 2154) Cal OES grant funds, grant property, or grant-funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. VI. Debarment and Suspension - (Subrecipient Handbook Section 2155) (This applies to federally-funded grants only.) Cal OES-funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency. VII. Proof of Authority from City Council/Governing Board - (Subrecipient Handbook Section 1350) The above-named organization (Applicant) accepts responsibility for and must comply with the requirement to obtain a signed resolution from the City Council/Governing Board in support of this Program. The Applicant must provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of Cal OES, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Grant Subaward, including civil court actions for damages, shall be the responsibility of the grant Subrecipient and the authorizing agency. The State of California and Cal OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from Cal OES shall not be used to supplant expenditures controlled by the City Council/Governing Board. Certification of.Assurance of Compliance-STOP Cal OES 2-104g (Rev. 1/2020) 2 The Applicant is required to obtain written authorization from the City Councii/Governing Board that the official executing this Grant Subaward is, in fact, authorized to do so. The Applicant is also required to maintain said written authorization on file and readily available upon demand. Vill. Civil Rights Compliance The Subrecipient complies with all laws that prohibit excluding, denying or discriminating against any person based on actual or perceived race, color, national origin, disability, religion, age, sex, gender identity, and sexual orientation in both the delivery of services and employment practices and does not use federal financial assistance to engage in explicitly religious activities. IX. Special Condiffon for Grant Subaward with Services"Training'Officers`Prosecutors (STOP) Formula Grant Program Funds I . Applicability of Part 200 Uniform Requirements The Subrecipient must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"), and the current edition of the DOJ Grants Financial Guide as posted on the OVW website, including any updated version that may be posted during the period of performance. The Subrecipient also agrees that all financial records pertinent to this award, including the general accounting ledger and all supporting documents, are subject to agency review throughout the life of the award, during the close-out process, and for three years after submission of the final Federal Financial Report (SF-425) or as long as the records are retained, whichever is longer, pursuant to 2 C.F.R. 200.333, 200.336. 2. Compliance with DOJ Grants Financial Guide The Subrecipient must comply with the Department of Justice Grants Financial Guide as posted on the OVW website. 3. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (including reporting requirements and OVW authority to terminate award) The Subrecipient must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of Subrecipients or individuals defined (for purposes of this condition) as "employees" of any Subrecipient. The details of the Subrecipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OVW web site at https://vvww.justice.gov/ovw/award-conditions (Award Condition: Prohibited conduct by Subrecipients related to trafficking in persons (including reporting Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev. 1/2020( 3 requirements and OVW authority to terminate award)), and are incorporated by reference here. 4. Compliance with Applicable Rules Regarding Approval, Planning, and Reporting of Conferences, Meetings, Trainings, and Other Events The Subrecipient must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears on the OVW website at https://www.justice.gov/ovw/conference-planning. 5. Effect of Failure to Address Audit Issues The Subrecipient understands and agrees that the DOJ awarding agency (O-P or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the Subrecipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 6. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The Subrecipients must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, Subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1 ) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530: and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev. 1/2020( 4 7. Compliance with General Appropriations-Law Restrictions on the Use of Federal Funds for this Fiscal Year The Subrecipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, for each fiscal year, are set out at https://www.justice.gov/ovw/award-conditions (Award Condition: General appropriations-law restrictions on use of federal award funds), and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a Subrecipient would or might fall within the scope of an appropriations-law restriction, the Subrecipient is to contact OVW for guidance, and may not proceed without the express prior written approval of OVW. 8. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters No Subrecipient, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. a. In accepting this award, the Subrecipient: o Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and o Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev. 1/2020( 5 b. If the Subrecipient does or is authorized under this award to make Subawards, procurement contracts, or both: o It represents that (1 ) it has determined that no other entity that the Subrecipient's application proposes may or will receive award funds (whether through a Subaward, procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and o It certifies that, if it learns or is notified that any Subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 9. Encouragement of Policies to Ban Text Messaging while Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Subrecipient understands that DOJ encourages Subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. Additional DOJ Awarding Agency Requirements The Subrecipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the Subrecipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 11 . OVW Training Guiding Principles The Subrecipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Subrecipients, available at Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev. 1/2020) 6 https://www.justice.gov/ovw/grantees. 12. Statutory Requirements The Subrecipient must comply with all relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.0 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 1 13-4, and OVW's implementing regulations at 28 CFR Part 90. 13. Misuse of Award Funds The Subrecipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. The Subrecipients understands and agrees that grant funds may be used only for the purposes in the Subrecipient's approved application. 14. Consultant Compensation Rates The Subrecipient acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, Subrecipients must submit to OVW a detailed justification and have such justification approved by OVW, prior to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone does not indicate approval of any consultant rate in excess of $81 .25 per hour, not to exceed $650 per day. Although prior approval is not required for consultant rates below this specified maximum rate, Subrecipients are required to maintain documentation to support all daily or hourly consultant rates. 15. Publications disclaimer for STOP Formula Subrecipients The Subrecipient agrees that all materials and publications (written, web-based, audio-visual, or any other format) resulting from Subaward activities shall contain the following statement: 'This project was supported by Subgrant No. LE19036860 awarded by the state administering office for the Office on Violence Against Women, U.S. Department of Justice's STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice:' Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev. 1/20201 7 16. Activities that compromise victim safety and recovery or undermine offender accountabiiity The Subrecipient agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation under which the approved application was submitted. 17. Copyrighted Works Pursuant to 2 C.F.R. 200.315(b), the Subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. OVW reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work, in whole or in part (including in the creation of derivative works), for federal purposes, and to authorize others to do so. OVW also reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, in whole or in part (including in the creation of derivative works), any work developed by a Subrecipient of this award, for federal purposes, and to authorize others to do so. It is the responsibility of the Subrecipient (and of each contractor, or subcontractor as applicable) to ensure that this condition is included in any Subaward, contract, or subcontract under this award. 18. Requirement to report actual or imminent breach of personally identifiable information (PII) The Subrecipient must have written procedures in place to respond in the event of an actual or imminent breach (as defined in OMB M-17-12) if it -- 1 ) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information (PII) (as defined in 2 C.F.R. 200.79) within the scope of an OVW grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-130). The Subrecipient's Certification of Assurance of Compliance-STOP Cal OES 2-104g (Rev. 1/2020) 8 breach procedures must include a requirement to report actual or imminent breach of PH to an OVW Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 19. Unreasonable restrictions on competition under the award: association with federal government No Subrecipient may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by DOJ. The details of the Subrecipient's obligations under this condition are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (Award Condition: Unreasonable restrictions on competition under the award: association with federal government), and are incorporated by reference here. 20. Determinations of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated in the application for the award (as approved by DOJ), the DOJ funding announcement (solicitation), or an associated federal statute - that a purpose of some or all of the activities to be carried out under the award (whether by the Subrecipient is to benefit a set of individuals under 18 years of age. The Subrecipient must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 21 . Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The Subrecipient must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The Subrecipient must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Certification of Assurance of Compliance-STOP Col OES 2-104g (Rev. 1/2020) 9 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 Subrecipient organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to Subrecipients and Subrecipients that are faith-based or religious organizations. 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The Subrecipient must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs:' 24. Restrictions on "lobbying" and policy development In general, as a matter of federal law, federal funds may not be used by the Subrecipient, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, in order to avoid violation of 18 U.S.C. § 1913. The Subrecipient may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. § 12291 (a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded by OVW from being used by the Subrecipient to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, Subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. § 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a Subrecipient would or might fall within the scope of these prohibitions, the Subrecipient is to contact OVW for guidance, and may not proceed without the express prior written approval of OVW. 25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The Subrecipient must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified Certification of Assurance or Compliance-STOP Col OES 2-104g (Rev. 1/2020( 10 circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The Subrecipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the Subrecipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 26. VAWA 2013 nondiscrimination condition The Subrecipient acknowledges that 34 U.S.C. § 12291 (b)(13) prohibits Subrecipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. The Subrecipient agrees that it will comply with this provision. The Subrecipient also agrees to ensure that any subaward or subcontractor will comply with this provision. 27. Non-supplantation The Subrecipient agrees that grant funds will be used to supplement, not supplant, non-federal funds that would otherwise be available for the activities under this grant. 28. Confidentiality and information sharing The Subrecipient agrees to comply with the provisions of 34 U.S.C. § 12291 (b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The Subrecipient also agrees to ensure that all Subrecipients meet these requirements. 29. Requirements for Subrecipients providing legal assistance The Subrecipient agrees that the legal assistance eligibility requirements, as set forth below, are a continuing obligation on the part of the Subrecipient. The legal assistance eligibility requirements are: (1 ) any person providing legal assistance through a program funded under this grant program (A) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or (B) (i) is partnered with an entity or person that has demonstrated expertise described in Certification of Assurance of Compliance-STOP Col OES 2-104g (Rev. 1/2020) 11 subparagraph (A); and (ii) has completed or will complete training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide; (2) any training program conducted in satisfaction of the requirement of paragraph (1 ) has been or will be developed with input from and in collaboration with a state, local, territorial, or tribal domestic violence, dating violence, sexual assault, or stalking victim service provider or coalition, as well as appropriate state, local, territorial, and tribal law enforcement officials; (3) any person or organization providing legal assistance through this grant program has informed and will continue to inform state, local, territorial, or tribal domestic violence, dating violence, stalking, or sexual assault programs and coalitions, as well as appropriate state and local law enforcement officials of their work; and (4) the Subrecipient's organizational policies do not require mediation or counseling involving offenders and victims physically together, in cases where sexual assault, dating violence, domestic violence, or child sexual abuse is an issue. The Subrecipient also agrees to ensure that any subaward or contractor will comply with this condition. 30. Hiring Documents The Subrecipient must keep, maintain, and preserve all documentation (such as Form 1-9s or equivalents) regarding the eligibility of employees hired using the funds. Cerfificafion of ASSUMnce of Compliance-STOP Cal OES 2-104g (Rev. 1/2020) 12 All appropriate do-umentaf'.r-n must be maintained on file by the project and availcble for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Subrecipient may be ineligible for Subaward of any future grants if the Cal OES determines that any of the following has occurred: (1 ) the Subrecipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION I, the official named below, am the some individual authorized to sign the Grant Subaward [Section 15 on Grant Subaward Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant Subrecipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Authorized Official's Signature: Authorized Official's Typed Name:Robert Handy Authorized Official's Title:Chief of Police Date Executed: 1-is- to Federal Employer ID #:95-60000723 Federal DUNS # 078143948 Current System for Award Management (SAM) Expiration Date: 10/25/2020 Executed in the City/County of:Orange AUTHORIZED BY: (not applicable to State agencies) FJ City Financial Officer County Financial Officer OCity Manager County Manager Gover ' g Board Chair Signature: Typed Name: Oliver Chi Title: City Manager Certification of Assurance of Compliance-STOP Cal OES 2-1049 (Rev. 1/2020)