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HomeMy WebLinkAboutUNITED STATES DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMSINSURANOF NDIT REQUIRED WORK IIAAY PROCEED ---CLUX-Gr-rO> tt DEC 1 a 01g-- .. US, Depattmeut ol'Justice Office ofJustice Programs 3 sl )Yr`� Bureau of Justice Assistance �_. PAGE I OF 13 Grant I. RECIPIENT NAME AND ADDRESS Crdrding Zip Codc) 4.AWARDNUMBER: 2918 -13C -BX -0016 City cf Sand, Ane __.._._. 60 Civio Center Plena 5, PROJECT PERIOD: FROM 90101120(8 TO 091TW2021 Smrta Ann, CA 92" 01 BUDGET PERIOD, FROM W/01!2018 TO 0913OP021 ^ 6. AWARD DATE DIV26/2018 _ACTION 2a. GRA NTEE IRS/VENDOR NO, 8. SUPPLEMENT NUMBER Initial 956000785 00 2b. GRANTEE DUNS N0, 083153247 9, PREVIOUS AWARD AMOUNT $0 3. PROJECT TITLF. 10, AMOUNT OF THIS AWARD 599,291 Body Worn Camera Enhancement Program 11. TOTAL AWARD $ 99,291 12, SPECIAL CONDITIONS TUE ABOVE GRANt PROJECTIS APPROVED SUBJECT ID SUCH CONDITIONS OR LIMITATIONS AS ARE SI',T NORTH ON THE ATTACHED RAGE{S}_ 1 I I STATUTORY AU'HIORITY FOR GRANT 'this pwje l Is supported under FY 18(BJA - Body -W om Gainers Program) Pub, L. No. 115441, 132 S W 348, 422 I 14. CATALOG OP DOMESTIC FEDERAL ASSISTANCE (CRDA Numbel) 16.835 - Body Worn Cemem Policy and Implementation Program 15. MF.THO$1 OF PAYMENT GPILS I _, ---� AOFNCYAPPROVAL � GRANTEE ACCBPI'ANCE 16.TYPED NAME AND TITLE OF APPROVING OPFMIAL I3. TYPEDNAMEAND'rtl'LEOFAU'CHORIZI,,DGRANTEEOFFICIAL Matt Dmmaeem'6 itiip.) Prdidc Pdnclpttl Dupery AssAoi. i Attorney Genesi F`--syor Raul Godinez It City Manager 17 SIGNATURE OF APPROVING OFFICIAL 19, SIGNA'I'UREOP'AUTHOIWDR ]PIFNCOFFICIAL 1199A. DATE ��� AGENCY USE ONLY—[ 20 ACCOUNIINO CLASSIFICATION CODES 21, TBCUGr0229 FISCAL FUND BIN- DIV. YEAR CODE ACT, OFt~ RLiG, SUB, PDMS AMOt,tNT K B BC 80 00 00 99291 OJPFORM4e00/2(RF,V.5-87) PREVIOUS EDITIONS ARE OBSOLETE. ATTEST. OJP FORM 4000/2 (Itl%V. 4-86) I ATTEST. e AR CLERK OF THE COUNCIL AWARD CONTINUATION SHEET Grant AWARDOATE 09/26/20Ia SPECIAL COND17:70NS I. Requirements oarthe award; remedies for non-compliance or for materially false statements PAGE 2 OF 13 The conditions of this award are materia] requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period ofperfarroance rdso is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office orJust'iee Programs ("OJP') taking appropriate action with respect to the recipient and the award Among other things, the OSP may withhold award funds, disallow costs, or suspend er terminate the award. The Departauent of Justice ("DOP'), including OJP, also may take other legal action as appropriate. Any materially false„ fictitious, or fraudulent statermunt to the federal government related to this award (or concealment or omission of a material feet) ray be the subject of criminal prosecution (including under 18 U.8 C, 1001 and/or 1621, and/or 34 U S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including carder 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its teams, that provision still][ first be applied with a limited eonstn;ction so as to give it Bre mashmmll effect permitted by law should it be held, hnstead, that the provision is truinly invalid or-mnenfareeable, such provision shad be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 CP.R Pat ¢ 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award fine: OJP, ThePart 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Unifbnm Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether tier ived from the initial award or a supplemental award) that are obirlimed on or after the acceptance date of this FY 2018 award. For more bubrination and resources or the Part 200 Uniform Re threments as they relate to OJP awards and subawards ("subgrants"), see the OJP webuts at https://ojp.govlfhunding/Part200UnifotYRequiremeuts, him Record retention and access: R.ucords pertinent to the award that the recipient (and any subrecipient (''subgrantee") at any tier) must retain -- typically lot a period of years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement infommatio , in addition to the finnancial records, supporting documents, statistical records, and other pertircnt records indicated at CER, 200333, In the event that an award -related question arises front documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in same way ffon, the provisions of the Part 200 Uniform Requirements, the recipient is to contact O.1P promptly for clarification. 0L) CORM 4000/2 (REV, 4 88) U.S. Department of Justice ¢ /� i Office of Justice Programs 0- \r -�, Bureau of Justice Assistance ,, V `se-,:,.�. PROJECTNUMEER 2018�BC-AX-0016 AWARD CONTINUATION SHEET Grant AWARDOATE 09/26/20Ia SPECIAL COND17:70NS I. Requirements oarthe award; remedies for non-compliance or for materially false statements PAGE 2 OF 13 The conditions of this award are materia] requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period ofperfarroance rdso is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office orJust'iee Programs ("OJP') taking appropriate action with respect to the recipient and the award Among other things, the OSP may withhold award funds, disallow costs, or suspend er terminate the award. The Departauent of Justice ("DOP'), including OJP, also may take other legal action as appropriate. Any materially false„ fictitious, or fraudulent statermunt to the federal government related to this award (or concealment or omission of a material feet) ray be the subject of criminal prosecution (including under 18 U.8 C, 1001 and/or 1621, and/or 34 U S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including carder 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its teams, that provision still][ first be applied with a limited eonstn;ction so as to give it Bre mashmmll effect permitted by law should it be held, hnstead, that the provision is truinly invalid or-mnenfareeable, such provision shad be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 CP.R Pat ¢ 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award fine: OJP, ThePart 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Unifbnm Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether tier ived from the initial award or a supplemental award) that are obirlimed on or after the acceptance date of this FY 2018 award. For more bubrination and resources or the Part 200 Uniform Re threments as they relate to OJP awards and subawards ("subgrants"), see the OJP webuts at https://ojp.govlfhunding/Part200UnifotYRequiremeuts, him Record retention and access: R.ucords pertinent to the award that the recipient (and any subrecipient (''subgrantee") at any tier) must retain -- typically lot a period of years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement infommatio , in addition to the finnancial records, supporting documents, statistical records, and other pertircnt records indicated at CER, 200333, In the event that an award -related question arises front documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in same way ffon, the provisions of the Part 200 Uniform Requirements, the recipient is to contact O.1P promptly for clarification. 0L) CORM 4000/2 (REV, 4 88) ' 'Oq. U.S. Department of.lustce Office of Justice Programs AWARD CONTINUATION y„� � �; ,, Bureau of Justice Assistance SIiRCT PACE s of la °^,,.I'w.,r,, Grunt PROJECT NUMBER 201 R -BC -BX -0016 AWARD DATE 09/26/2018 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at Ihttps://gjp,gov/financmlgmde/DOJ/mdex.hnn), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide, 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement," The reclassification encompassed a number of staRrtory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to fire new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points ofContact Both the Point of Contact (POC) and all financial Points of Contact (FPOCs) fur this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award, Successful completion of such a training on or alter .January I, 2016, will satisfy this condition In the event that either the POC or an FPOC for this award changes during the period of poribrmance, the new POC or PPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-- (1) the date of O.JP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the Onto the POC enters information on the new PPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after .January 1, 2016, will satisfy this condition. A list of OJP trainings that O.IP will consider "OUP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/trainingifints.htm. All traiuings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should' anticipate that OJP will immediately withhold ("freeze") award fiords if the recipient tails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate condition's on this award. 6. Requirements related to "de minimus" indirect cost rite A recipient Phut is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimus" indirect cost rate described in 2 C.F.R. 200.414(1), and that elects to use the "de minimus" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Unifomh Requirements, The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Par[ 200 Uniform Requirements. 0 ODP FORM 4000x2 (REV. 4-88) a ke. U.S. Department of Justice Office of Justice Programs Assistance AWARD CONTINUATION SHEET PAGE 4 OF 13 )t '' Bureau of Justice Grant PROJECTNUMBER 201 fl -DC -DX -0016 AWARD DATE 09/26/2018 , SPECIAL CONDITIONS 7. Requirement to report potentially duplicative finding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal hinds during the period of performance fnr this award, the recipient promptly must determine whether finds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which fiords are provided wider this award. If so, the recipient must promptly notify the DOJ awarding agency (OOP or OV W, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of finding, 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), cunently accessible at lit'tps://w",w.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrant's") to first-tier subreoiplents (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of Ilse recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site athttps://o.jp.gov/funding/Explore/SAM.him (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Requirement to report actual or imminent breech of personally identifiable information (Pll) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if il' (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"personally identifiable information (Pit)'' (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an inunincnt breach. 10. All subawards ("subgrants") must have specific federal authorization "file recipient, and any subrecipient ("subgrantee") at any tier, must comply will) all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract") The details of the requirement for authorization of any subaward are posted on the OR web site at https://ojp.gov/fiin(Iing/Explore/StibawirdAutliorization.hmn (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference hero. M OJP FORM 4000/2 (REV, 4-88) U.S. Department ol'Justice Office of Justice Programs AWARD CONTINUATION t! Bureau of Justice Assistance SHEET PAGE. 5 OF is oto- Grant PROJECT NUMBER 2018�BC—BX-0016 AWARD DATE 09/26/2018 SPECIAL CONDITIONS 11, Specific post -award approval required to use a noncompetitive approach many procurement contract that would exceed 9150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, 9150,000). This condition applies to agreement's that-- for purposes of Federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subeward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/fending/Explore/NoncompetitiveProcurelnent,hhn (Award condition: Specific past -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed 9150,000)), and are incorporated by reference here. 12. Requirements per to prohibited conduct related to trafficking in persons (including reporting requirements and O.IP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" o F do recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct relayed to trafficking in persons are posted on the OR web site at hltps://ojp,gov/funding/Explore/ProhibitedCondue[-Traffieking.hhm (Award condition: Prohibited conduct by recipient's and subrecipients related to trafficking in persons (including reporting requirements and OlP authority to ter'minat'e award)), and are incorporated by reference here. 13. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing (lie use of federal funds for expenses related to conferences (as that ter in is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. lnfonuation on the per DO -I definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 14. Acquirement for data on perfbnnance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the dnmefiumes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 20 to, and other applicable laws. 15. OJP Training Guiding Principles Any training or it materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award finds must adhere to the OR Training Guiding Principles for Grantees and Subgramtees, available at llttl)s:Hojl).gov/ftmding/implenment/TrainingPrinciplesFoi Grantees-Stibgratitccs.htin. Am ME FORM 4000/2 (REV. 4.88) U. S. Department of.lustice a r 0ffioeof.1ustice Programs AWARD CONTINUATION T Bureau of Justice Assistance SHEET PACE 6 OF 13 Grant PRQI'ECPNUMEER 2018-nC-EX-0016 AWARD DATE 09/26/2018 SPECIAL CONDITIONS 16. Effect of failure to address audit issues The recipient understands and agrees that the DOS awarding agency (O.IP or OV W, as appropriate) may withhold award fiords, or may impose other related requirements, if (as determined by the DOS awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 17. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (0JP or OV W, as appropriate) during the period of perfonuance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.7 R. Part 42 The recipient, and any subrecipient ("subgrantee") at any her, must comply with all applicable requirements of28 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 19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C,F,R. Part 54 The recipient, and any subrecipient ("subgeantee") at any tier, must comply with all applicable requirements of 28 C.FR, Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 O.F.R. Part 38 'file recipient, and any subrecipient ("subgrantee") at any her, 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. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subreeipients that are faith -basad or religious organizations. The text of (lie regulation, now entitled "Partnerships with Faith49ased and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecl'.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Pail 38, under e -CFR "current" data. 1 V" OUP FORM 4000/2 (REV. 4-88) U S. Department of Justico F v� Office ol'Justice Programs AWARD CONTINUATION ° 'Bureau of Justice Assistance SHEET PAGE 7 OF 13 `"`"",°' • Grant PROJECT NUMBER 2018 -BC -BX -0016 AWARD DATE 09/26/2018 SPECJAL CONDITIONS 21. Restrictions on "lobbying" In general, as a matter of federal law, federal finds awarded by ON may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or Try subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, mCongress (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 [rthel organizations, Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might Full within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJR 22. Compliance with general appropriations -law restrictions on the use of federal fiords (FY 20 18) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes, Pertinent restrictions, including from various "general Ili ovisions" in the Consolidated Appropriations Act, 2018, are set out at https://ojp.gov/funding/Lxplore/FYI 8AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whuther a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 23, Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipicnts ("subgrantees") must promp ly 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 m' 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 inliarniion in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at limps://oig.justice.gov/hotline. M OJP FORM 4000/2 (REV. 4-88) - U.S. Department of.lustice � �,,> s-�' ;?I effl Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PACE s or 13 GCAIIt Ali PROJEC'1'NUMBER 2018 -BC -BX -0016 AWARD DATE 09/26/2018 SPLCIAL CONDITIONS 24. Restrictions and certifications regarding non -disclosure agreement's and related matters No recipient or subrecipient ("subgrantee') under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, baud, or abuse to an investigative or law enforcement representative of a federal department magency 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. 1. In accepting this award, the recipient -- a. represents that it ueihner requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. cerli (yes 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 resh iet), reporting of waste, fraud, or abuse as described above, it will immediately stop any I'm ther obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award hinds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) eithe requires m has required internal confidentiality agreements or statements train employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it teams or is notified that any subrecipient, contractor, or subcontractor cuity that receives funds under this award is m' 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 hn ther 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 oft such obligations only if expressly authorized to do so by that agency. CA O1P FORM 4000/2 (REV, 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION �q Bureau of Justice Assistance SHEET PACH 9 OF 13 b~nxv� Grant PROJECTNUMEER 2018-13C-nX-0016 AWARD DATE 09/26/2018 SPECIAL CONDITIONS 25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal Tends, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U, S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OV W, is appropriate) for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of perlborning 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. 27. Requirement to disclose whether recipient is designated "high risk" by a federal grant -malting agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DO.I, currently or at any time during the course of the period of perfomnanee under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting u ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatio or financial concems with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 28, The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements fo'thiss process will be outlined by the Office ofJustice Programs. 29. Con fidential ity of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 42 U.S.C. 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information, The recipicnt further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23, 30. Tho recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of tiny activities within this project M OJP EORh4 40oo/2 Q(EV.4-88) SPECIAL CONDITIONS 3t. Justificationofeonsultantrate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP progran office prior to obligation or expenditure of such fiends. 32. FFATA reporting, Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award fLnds, The details ofrecipient obligations, which derive from the Federal FundingAccountability and Transparency Act of 2006 (FFATA), are posted on the O.IP web site at hupO/ojp,gov/flmding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own m operate in his or her name). 33. Voritication arnd updating ofrocipiont contact information The recipient must verify its Point of ContacRPOC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. 11'any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 34. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with B.IA and OCFO on all grant monitoring requests, including requests related to deskreviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award, Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents, Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant 'funds; referral to the Office of tie Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OR FORM 4000/2 (REVA-88) O.S. Department of Justice .�f Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 10 or 13 z"ev4 (. Grant ;.;x?+•>"� PROJECT NUMBER 2018 -BC -BX -0016 AWARD DATE 09/26/2018 SPECIAL CONDITIONS 3t. Justificationofeonsultantrate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP progran office prior to obligation or expenditure of such fiends. 32. FFATA reporting, Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award fLnds, The details ofrecipient obligations, which derive from the Federal FundingAccountability and Transparency Act of 2006 (FFATA), are posted on the O.IP web site at hupO/ojp,gov/flmding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own m operate in his or her name). 33. Voritication arnd updating ofrocipiont contact information The recipient must verify its Point of ContacRPOC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. 11'any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 34. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with B.IA and OCFO on all grant monitoring requests, including requests related to deskreviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award, Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents, Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant 'funds; referral to the Office of tie Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OR FORM 4000/2 (REVA-88) U.S. Department of Justice i/ Office ofJustice Programs AWARD CONTINUATIONf Bureau oJustice Assistance SHEET PAGE r I OF 13 c. Grant PROJECT NUMBCR 2018 -BC -BX -0016 AWARD DATE 09/26/2018 SPECIAL CONDITIONS 35. Copyright; Data rights The recipient acknowledges that OJP reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes', (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined Jit Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General). It is the responsibility ofthe recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all lights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the O.IP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 36. Any Web site that is funded in whole or in part undetthis award must include the following statement on the home page, on all major entry pages (i.e, pages (exclusive of documents) whose prin n) purpose is to navigate the user to interior content), and on any pages front which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is Funded in whole or in part through a grain from the Bureau ofJustice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The Cull text of the ibregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a Zink, entitled "Notice of Federal Funding and Federal Disclaimer," to the tall text of the statement. 37. The recipient agrees to submit to BJA'for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web -based materials and web site content, through finds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception o'f press releases, whether published at the grantee's or govormnent's expense, shall contain the fallowing statements: "This project was supported by Grant No. 2018 -BC -BX -0016 awarded by the Bureau of Justice Assistance. The Bureau ofJustice Assistance is a component ofthe Department of .Justice's Office ofJustice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of.1uvomIQ Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Oflice, Points of view or opinions in this document are those of the author and do not necessarily represent the olficial position or policies of the U.S. Department 0f.lustice." The current edition ofthe DOJ Grants Financial Guide provides guidance on allowable Fit fining and publication activities. 38, Recipient understands and agrees that it Must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through GMS (hnps'.Hgrants.o,ip. usdoj.gov), and that it au stsubmit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (hdps://bjzpmt.ojp.gow). For more detailed information on repotting and other requirements, refer to BJA's website. Failure to submit roquircd reports by established deadlines may result in the freezing of grant funds and High Risk designation. 0 OJP FORM 4000/2 (REV 4-69) 0,"" U.S. Departmentof Justice .1 a? Office of Justice Programs AWARD CONTINUATION ar .� j Bureau of Justice Assistance SHEET PACE 12 Or 13 �.,.;„rs. �. Grant PROJECTNUMBER 2018-a6EX-0016 AWARD DATE 09/26/2018 SPECIAL CONDITIONS 39, The recipient is authorized to obligate, expend, or draw down fiends in an amount not to exceed 10% of this award for the sole purpose of developing a Body -Worn Camera (BWC) policy. The BWC policy must be submitted no later than 180 clays of award acceptance, unless an extension for good cause shown has been granted by BJA. The recipient is not authorized to incur any additional obligations, make any additional expenditures, or draw down any additional finds until BJA has approved the recipient's completed BWC policy and has issued a Grant Adjustment Notice (GAN) removing this condition, 40. Required attendance at 13,1A -sponsored events The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 41. High risk: Withholding - Completion of 'OJP financial management and grant administration training” required The recipient me), not obligate, expend, or draw down funds under this award until-- (1) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (CPOCs) for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2016, and (2) OJP issues a Grant Adjustment Notice (GAN) to modify or remove this special condition. Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient may contact the designated giant manager for the award to request initiation of a GAN to remove this condition. A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for purposes of this condition is available at https://ojp.gov/training/fiilits.hnm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. 42. The recipient agrees promptly to provide, upon request, financial or programmatic -related documentation related to this award, including documentation of expenditures and achievements. 43. The recipient understands that it will be subject to additional financial and programmatic on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. 44. Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 45. Recipient may not obligate, expend or drawdown funds until the Bureau o'fJushce Assistance, Office ofJustice Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. ON OJP FORM 4000/2 (REv.4-88) ,M1 aa�x6; A S. Department of Justice q Office of Justice Programs AWARD CONTINUATION 5 k Bureau ofJuetioo Aseiehu4ca SHEET PAGE 13 OF 13 Grant PROJECT NUMBER 2018 -BC -BX -0016 AWARDDATr 09/26/2018 SPECIAL CONDITIONS 46. Withholdingoffunds:Disclosureofpendingapplications The recipient amy not obligate, expend, or draw down any award finds until, (1) it has provided to the grant manager for this ON award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication o'ffunding (c.g„ budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction ofthe award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Gran[ Adjustment Notice has been issued to remove this condition. 47. The recipient is authorized to incur obligations, expend, and draw down funds for travel, lodging, and per diem costs only, in an amount not to exceed $15,000, for the sole purpose of attending a required OJP conference associated with this grant award. The grantee is not authorized to incur any additional obligations, or make any additional expenditures m draw downs until the awarding agency and the Office of the Chief Financial Officer (OCFO) has reviewed and approved the recipient's budget and budget narrative, and a Grant Adjustment Notice (GAN) has been issued to remove this special condition. ON FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs a,. Bureau ofJusiice Assistance 1V,,hh,gron, ll.C. 20531 Memorandum To: Official Grant Pile From: Orbin Terry, NEPA Coordinator Subject: Categorical Exclusion for City of Santa Ana Awards under this program will be used to plan or implement a body worn camera program. None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: (1) New construction. (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area,. including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100 -year flood plain, a wetland, or habitat for an endangered species. (3) A renovation which will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets the Office of Justice. Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. U.S. Department ofJustice GRANT MANAGER'S MEMORANDUM, PT. 1: Offce of.Justicc PromgrasPROJECT SUMMARY Bureauof .luetice Assletanoe 01�'�Grant PROJECT NUMBER PAGE I OF 1 2018 -BC -BX -0016 This project is suppor ed under FYI8(B.IA- Body-Wonr Camera Program) Pub. L. No. 115-141, 132 Sort 348,422 I, STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) fain en Troy David Valentin (202) 598-7739 Chief of Polity 60 Civic Center Santa Ana, CA 92701 (714)245-8003 3e. TITLE OF THE PROGRAM 3b. TOMS CODE (SEE INSTRUCTIONS REVERSE) Category 3: Implementation Or Expansion afBWC Progrnms for Large AgenciesON 4. TITLE OF PROJECT Body Worn Camera Enhancement Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701 7, PIWORAM PERIOD 8. BUDGET PERIOD FROM 10/012018 TO 09/30/2021 FROM: 10/012018 TOt 09/30/2021 9, AMOUNT OP AWARD 10. DACE OF AWARD $ 99,291 09/262018 IL SECON VEAR'S BUDGET 12, SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGETPERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See insu'uction on reverse) The Body Wain Cement Poli andlm lementationpi ograir BWCPIP Provides fundis to limited ubliea ncies(i.e., states, units of local government, Y Policy P li )P g P g S ,o (including tribal government, rawgnized by the Secretary of the Interior), combinations ofsuch antes or units, or any department, agency, or instrumentality of the Colegoing), That perForm criminal justieefunetions; and nationnl and regional public and private entities, including for-profit (commercial) and nonprofit or gariznhons (ma uding n'ibal nonprofit m For-profit organizations), tnith-based and community organizations, and institations orhigher education (including tribal noub,tions ol'higher edreation) that support initiatives to improve the butchering of the criminal justice system.For-protit organizations must agree to forgo any p o it of management fee, '[lie B WC PIP, funded under the 2017 Department oFJnslice Appropriations Act (P.L. 115-31), will support the unplomontation of body -wool camera programs in law enforoement agencies reaose the counby. The intent of ilio program is to lielp agencies develop, implement, and evaluate a BWC program as one tool in a law OFF FORM,1000/2 (Il 4-88) enforcement agency's comprehensive problem solving approach to enhance officer safety and build community rust, eloments of such an approach Inclah: implementation of BWC pioginm developed in a planned and phased approach; collaboration that levemg'es partnerships with cross-agency criminal justice stakeholders including prosecutors and advocacy organizations; implementation of appropriate privacy policies; implementation of operational procedures and racking mechanisms; training of officers, administrators, and associated agencies requhing access to digital inLilt inredia evidence; and the adoption of practices and deployment of BWC pn'ograms appropriately addressing operational requilemems. CA/NCP ATTEST: MARIA D. HUIZAR Clerk o'Cthe Council APPROVED AS TO FORM: SONIA R. CARV City Attorney By: TAMARA BOGOSI Assistant City Attorney RECOMMENDED FOR APPROVAL: :—: —8 ALENTIN Chief of Police r R U.S. Department of Justice W. iFv`ti, Office of, Justice Programs Office of the Assistant Attorney General wnshingmn, D.C. 20531 September 26, 2018 The Honorable Miguel Pulido City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701 Dear Mayor Pulido: On behalrof Attorney General Jefferson Sessions I11, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 18 Body -Worn Camera Policy and Implementation Program in the amount of $99,291 for City of Santa Ana. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate, If you have questions regarding this award, please contact Program Questions, Lauren Troy, Program Manager at (202) 598-7739; and Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at aslcocfo@usdoj.gov, Congratulations, and we look forward to wonting with you. Sincerely, Matt Dummermuth Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS t, Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: asl<OCR®usdoj.gov Website: www.ojp.tisdoj.gov/ocr OCR Letter to All Recipients September 26, 2018 The Honorable Miguel Polido City of Santa Ana 60 Civic Center Plaza Santa And, CA 92701 Dear Mayor Polido: Congratulations on your recent award. In establishing financial assistance prograins, Congress linked the receipt of federal tunding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJR the Office of Commmnity Oriented Policing Services (COPS), Enid the Office on Violence Against Woman (OV W) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding, Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of'financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A'federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OV W have developed answers to some frequently asked questions about this provision to assist recipients of VAWA finds to understand their obligations. The Frequently Asked Questions are available at ht[ps://o.1p.gov/about/ocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subjectto prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, fie OCR selects a number of -recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments oftheir service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Right's Act of 1964, 42 U.S.C. § 2000d, recipient's of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Disct'iminal'ion Affecting Limited English Proficient Persons, 67 Fed, Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LHP individuals, please see the website https://www.Iol).gov. Ensuring Equal Treatment of Faith -Rased Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith -Rased and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, louses of worship, m' faith -based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g, prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by tie DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or it refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the fimded faith based organization, the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships, hum. SAAB and faith -based organizations should also note that the Omnibus Crime Control and Safe Street's Act (Safe Streets Act) of] 968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 201 10(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § I I Milo); and VA WA, as amended, 34 U.S.C. § 1229 1 (b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RMA) on a case -by - ease hasis to permit some 'f thh-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application o'f RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records fn Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S, Equal Employment Opportunity Commission's Enforcement Guidance: Consideration ot/Arrest and Conviction Records in Employment Decisions Under Title VJI ofthe Civil Rights Act of 1964 (June 2013), available at littps://ojp.gov/about/ocr/pdfs/UseotConvictioii AdvisoyEdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of alTcst and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below), Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Said Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Meeting the ESOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels ora recipient's workforce. As a recipient of DOJ funding, you may be required to submit an ESOP Certification Report or an ESOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see littps://gjp.gov/about/oer/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms n usdoj,gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws, In addition, SAAB must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see Irttps://ojp,gov/funding/Explore/StatcMethodsAdmin-FY2017update.hnm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of Federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Martinez, Leo From: do-not-reply@ojp.usdoj.gov Sent: Tuesday, November 13, 2018 12:56 PM To: Martinez, Leo Subject: Change Grantee Authorized Signing Official GAN has been Approved The request for Change Grantee Authorized Signing Official GAN for 2018 -BC -BX -0016 has been approved. Please access GMS for more information regarding GAN Number 002. Signing Authority Change GAN US DEPARTMENT OF JUSTICE 01 OFFICE OF JUSTICE PROGRAMS GRANT ADJUSTMENT NOTICE Page 1 of 2 Grantee Information Grantee Project City of Santa Ana 10/01/2018 - GAN 002 Name: Period: 09/30/2021 Number: 60 Civic Center Grantee Program plaza Santa Ana, Address: Office: BJA Date: 11/13/2018 92701 Grantee Grant DUNS 08-315-3247 Manager: Lauren Troy Number: Grantee 95-6000785 Application 2018-H1729- EIN: Number(s): CA -BC Vendor #: 956000785 Award 2018 -BC -BX - Number: 0016 Body Worn Project Camera Award $0.00 Title: Enhancement Amount: Program Signing A71horlity Change Specific documentation is required for changes to a Grantee Authorized Signing Official. Documentation can be the legal document that effected the change or a letter noting the fficial change authenticated (signed) by a proper official of the state having jurisdiction. Documentation must be electronically attached. If you cannot attach the documentation, lease contact your Grant Mana er. Current Authorized Signing Official IF New Authorized Signing Official Prefix The HonorableI *Prefix Mr. -� (Other) ( I I P refix (Other)First *First Name Raul Name Miguel Middle Initial Initial Last Name Pulido Last Godinez Suffix Name Suffix II Suffix (Other) Suff(Other) h Title Mayor *Title *Address Line 1 City Manager 60 Civic Center Plaza Address Line 1 60 Civic Center Plaza Address Line 2 Address Line 2 City Santa Ana StateI California *City Santa Ana Zip 192701- *State California Phone (714) 245-8020 Ext *Zip — 92701 - --� Fax *Phone (714) 647-5200 Ext Email senriquez@santa-ana.org lFax HiEllRGodinez@santa-ana.org https://grants.ojp.usdoj.gov/gmsextemal/gan/signOfficialGAN.st 12/5/2018 Signing Authority Change GAN Page 2 of 2 *Required Justification for Signing Authority Change The City of Santa Ana City Council gives authority to the City Manager to receive grants and execute grant contract documents. On December 4, 2018 we are scheduled to go before our City V Council to authorize the City Manager to accept Attachments: Filename: User: grant_management_policy.pdf SEnriquez 11/13/ Print Z3:1 Audit Trail: Description: Role: User:I Timestamp:-7 Approved -Final PO - Grant Manager troy) 11/13/2018 3:55 PM Submitted PO - Grant Manager SEnriquez 11/13/2018 3:20 PM Draft EXTERNAL - External User SEnriquez 11/13/2018 3:16 PM https://grants.ojp.usdoj.gov/gmsexternal/gart/signOfficialGAN.st 12/5/2018