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HomeMy WebLinkAboutItem 24 - FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking GrantPolice Department www.santa-ana.org/pol ice Item # 24 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 20, 2024 TOPIC: FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant AGENDA TITLE Memorandum of Understanding, First Amendment, and Appropriation Adjustment Accepting the FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding and the First Amendment with the City of Anaheim Police Department accepting FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant funds in the amount of $75,000 for the period of October 1, 2023 through September 30, 2026 (Agreement No. A-2024-XXX). 2. Approve an appropriation adjustment recognizing $75,000 in the Department of Justice Grants revenue account and appropriate same to the Office for Victims of Crime Human Trafficking expenditure accounts. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION In 2010, the U.S. Department of Justice's Office for Victims of Crime (OVC) and the Bureau of Justice Assistance (BJA) launched the Enhanced Collaborative Model Task Force to Combat Human Trafficking Program to help communities develop multidisciplinary task forces that employ victim -centered approaches to identify survivors, provide services, and investigate and prosecute all forms of human trafficking. Since then, the OVC has become the largest federal funder of anti -trafficking programs in the United States. The Anaheim Police Department applied for the FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant with the California Highway Patrol, Irvine Police Department, and Santa Ana Police Department as partners in the FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant August 20, 2024 Page 2 Orange County Human Trafficking Task Force (OCHTTF). The Anaheim Police Department has been awarded $750,000 and the Santa Ana Police Department has been allocated a subaward in the amount of $75,000 as a sub -recipient under this grant. The grant is anticipated to continue to fund the OCHTTF from October 1, 2023 to September 30, 2026. The OCHTTF is a partnership between the Anaheim Police Department, the Santa Ana Police Department, the Orange County District Attorney's Office, Waymakers (lead victim service -providing agency), and other local and federal agencies. The collaborative partnership between the Anaheim Police Department and the Santa Ana Police Department will address the following four areas: partnership, protection, prosecution, and prevention. The purpose of the OCHTTF is to work together to protect victims, prosecute offenders, and prevent further human trafficking in Orange County. The grant will provide funding to reimburse the Santa Ana Police Department's participation in the OCHTTF for any overtime work and travel expenses for the detective assigned to the OCHTTF for any qualifying training and conferences. The Memorandum of Understanding from the Anaheim Police Department inadvertently omitted the grant amount to be subawarded to the Santa Ana Police Department (Exhibit 1). The First Amendment specifies the amount of the subaward as $75,000 and also provides the federal grant requirements associated with this subaward (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the appropriation adjustment will recognize $75,000 in the Department of Justice Grants account (no. 12714002-52001) and appropriate same to the Office for Victims of Crime Human Trafficking expenditure accounts for expenditure follows: Fiscal Year Accounting Unit — Fund Description Accounting Unit — Amount Account No. Account No. Description FY 24-25 12714412-various D.O.J. Grant OVC Human Trafficking, $35,000 Fund Various FY 25-26 12714412-various D.O.J. Grant OVC Human Trafficking, $35,000 Fund Various FY 26-27 12714412-various D.O.J. Grant OVC Human Trafficking, $ 5,000 Fund Various Total $75,000 The amounts above are projections and subject to change. Any remaining balances not expended at the end of each fiscal year will be presented to the City Council for approval of carryovers to the subsequent fiscal year. EXHIBIT(S) FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant August 20, 2024 Page 3 1. MOU with City of Anaheim 2. First Amendment Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Alvaro Nunez, City Manager INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE, rr MAY 14 2024 EXHIBIT 1 Return FULLY EXECUTED Copy to City Clerk, M-30 US Department of Justice Office of Justice Programs Office for Victims of Crime Bureau of Justice Assistance N-2024-160 FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Memorandum of Understanding Enhanced Model to Combat Human Trafficking Project Between the lead law enforcement agency, Anaheim Police Department, in partnership with the Santa Ana Police Department February 2024 Introduction: Human trafficking in California is an unsavory reality, impacted by a foreign border, international airports, substantial shipping harbors, an internationally active entertainment industry, and the popularity of U.S. tourism to the state. As the third largest county in California and the sixth largest in the nation, Orange County celebrates a diverse population of over three million, with over 42 million visitors per year per the Orange County Visitors Association. Orange County contains numerous unincorporated areas and 34 cities; including the County Seat, Santa Ana, which has the sixth largest Spanish-speaking population in the nation. Orange County is a prime target for traffickers given the population density, the perceived affluence of residents, robust tourism and convention industry, along with its nationally recognized beaches, theme parks and home to world champion professional sports teams. Orange County has a multidisciplinary, anti -human trafficking model designed to combat human trafficking through identification, rescue and assisting victims of all forms of human trafficking. 1 The duration of this MOU will encompass the entire FY 23 Enhanced Collaborative Model Task Force to Combat Human Trafficking project funding cycle, anticipated to occur throughout 10/01/2023 — 09/30/2026. The Orange County Human Trafficking Task Force (OCHTTF) is a model program relying on a public -private sector and non-profit partnership including the Anaheim Police Department (APD) as the lead law enforcement agency; the Orange County District Attorney's Office, which, provides both misdemeanor and felony case vertical prosecution through its Human Exploitation and Trafficking Unit (HEAT); and Waymakers as the lead victim service -providing agency. The Task Force is strengthened by partnerships with federal, state and local agencies, and supported by many additional private sector and non-profit organizations. Orange County is a unique model of true collaborative efforts. The OCHTTF has fostered rich partnerships which have empowered law enforcement agencies to work across jurisdictions to ensure successful identification and rescue of human trafficking victims and the eventual prosecution of trafficking perpetrators. Scope of Collaborative Relationships: The collaborative partnership between APD and the Santa Ana Police Department (SAPD) will address the four pillars of the task force goal: partnership, protection, prosecution and prevention. The OCHTTF is a collaboration of law enforcement agencies, non -governmental organizations, faith -based organizations, and the community. The purpose of the OCHTTF is to work together to protect victims, prosecute offenders, and prevent further perpetration of this crime in Orange County, CA. The overall goal of the OCHTTF is to eliminate human trafficking in Orange County, California. This task force has made a tremendous impact in addressing all types of human trafficking cases. However, the success of the OCHTTF has highlighted the need to expand this comprehensive and multi -disciplinary approach in the battle against human trafficking. Hence, APD and SAPD are working closely together to combat human trafficking in Orange County by N The duration of this MOU will encompass the entire FY23 Enhanced Collaborative Model Task Force to Combat Human Trafficking project funding cycle, anticipated to occur throughout 10/01/2023 — 09/30/2026. focusing on three core objectives; identifying and quantifying the scope of the problem in Orange County; investigating suspected incidents vigorously and effectively in order to secure the appropriate criminal convictions for those responsible; and collaborating with local agency patterns within law enforcement, county and state government, and non -governmental service providers to ensure the victims of these crimes receive the wrap -around services they need to rebuild their lives and avoid future victimization. Period of Performance: The term of this MOU shall commence upon its execution by the parties. The initial term of this MOU shall expire on September 30, 2026, unless otherwise terminated by the parties as provided herein. This MOU may be renewed on the same terms and conditions and upon mutual written agreement among the parties based on written notification from the Anaheim Police Department. Human Trafficking Investigations Anaheim Police acknowledges human trafficking investigations are very complex and time consuming. Like many other types of complex investigations, it takes time for investigators to build the skills and experience necessary to work human trafficking cases at an optimal level. This experience is never more needed than when investigating human trafficking of minors given, they have the potential to be life cases. With this in mind, APD requests SAPD to consider personnel who are open to a minimum of a two-year commitment to the task force. In this way, the task force benefits greatly from a reasonable term commitment and SAPD in turn gains a more experienced investigator upon completion of the assignment. The duration of this MOU will encompass the entire FY23 Enhanced Collaborative Model Task Force to Combat Human Trafficking project funding cycle, anticipated to occur throughout 10/01/2023 -- 09/30/2026. Training For as long as grant funds exist the task force will pay for any pimping/human trafficking training and/or attending conferences, including registration fees, transportation and lodging. All other training will be the responsibility of the respective agency. Roles and Responsibilities of the Partners: Santa Ana Police Department ♦ Enhance interagency collaboration in order to identify, rescue, and assist victims of all forms of human trafficking. ♦ Provide an investigator to work on -site at APD through the term of this MOU. ♦ Provide a vehicle with all necessary equipment to conduct undercover investigations, including a minimum of blue and red front "take down" lights. Provide a department issued cellular phone for use by their investigator and a laptop with access paid data collection sites. e Provide all necessary tactical and officer safety equipment for use by its investigator. ♦ Send any investigations not related to OCHTTF investigations to SAPD for approval and filing. ♦ In the case of dissimilar policies between agencies, investigators from the SAPD shall follow that agency's policies (use of force, pursuit, etc.). ♦ Investigate any citizen complaints filed against members of SAPD assigned to the OCHTTF. ♦ Work to enhance the ability of professionals and key stakeholders within the community to better understand human trafficking and more effectively identify and serve victims. ♦ Plan investigations and prosecutions at the state and federal level. 4 The duration of this MOU will encompass the entire FY 23 Enhanced Collaborative Model Task Force to Combat Human Trafficking project funding cycle, anticipated to occur throughout 10/01/2023 -- 09/30/2026. ♦ Promote greater public awareness and understanding of the nature and scope of human trafficking. ♦ Provide high -quality and timely comprehensive services to victims of human trafficking. ♦ Abide by any confidentiality, safety and media relations agreement. ♦ Participate in program evaluation activities whenever possible. ♦ Make a "good faith" effort to resolve any and all program implementation challenges. Anaheim Police Department ♦ Increase the identification of trafficking victims through proactive law enforcement, which is victim -centered and collaborative across all levels of government. ♦ Increase the capacity of law enforcement officers to recognize human trafficking and identify victims through training and public awareness. ♦ Plan investigations prosecution at the state and federal levels. ♦ Provide desk space and computer equipment for SAPD investigator. ♦ Provide undercover buy funds, access to undercover telephones, investigative tools and clerical support for SAPD investigator. ♦ Ensure any and all records pertaining to task force expenditures shall be readily available for examination and audit by any participating agency. ♦ Provide access to APD direct reporting system and all reports for the Human Trafficking Task Force will be placed into that system to remain consistent with other investigations. ♦ Any assets seized through the Asset Forfeiture Program would mirror those in narcotic cases and would be equitably shared based on number of personnel and hours each agency contributes to the investigation. 5 The duration of this MOU will encompass the entire FY23 Enhanced Collaborative Model Task Force to Combat Human Tracking project funding cycle, anticipated to occur throughout 10/01/2023 — 09/30/2026. ♦ Chain of command within the task force is an APD Sergeant, the APD Crime Suppression Bureau Lieutenant, the APD Investigation Division Captain, the APD Deputy Chief, and Anaheim Police Chief. ♦ Anaheim Police Department is the lead agency for the OCHTTF, partnered with the Orange County District Attorney's Office HEAT Unit and Waymakers. Compensation: ♦ Reimbursement of overtime work and travel expenses shall be upon the submission of proper invoice, which shall be submitted to APD on a monthly basis with supporting documents. Overtime work to be reimbursed upon invoice shall be reimbursed for services rendered by task force members at one and one-half {1 %z} time their regular hourly rate, multiplied by the number of hours of service actually provided during the billing period. Overtime reimbursement will not include any benefits or other compensation that such personnel may be entitled to as a consequence of enhanced services rendered pursuant to this MOU. ♦ Each month, SAPD shall submit an invoice to APD describing the services performed and/or the specific task in the Scope of Services to which it relates, the date the services performed, and the number of hours spent on all work billed on an hourly basis. APD will provide payment for the described services performed within 30 days after the invoice is submitted. ♦ All other financial support for any regular or overtime hours worked, costs related to travel, equipment, training, or other miscellaneous expenses will be the responsibility of SAPD. Liability and Insurance: None of the parties hereto shall be liable for any bodily injury, death or damage to property proximately resulting from the negligent, wrongful or willful acts or omission of any other party's C7 The duration of this MOU will encompass the entire FY 23 Enhanced Collaborative Model Task Force to Combat Human Trafficking project funding cycle, anticipated to occur throughout 10/01/2023 -- 09/3012026. employees in the performance of this MOU. Each party shall be responsible for the acts, errors or omissions and conduct of its own employees and carry sufficient insurance, including worker's compensation, to cover its employees pursuant to its insurance requirements. Contingency of Funds: The parties acknowledge that funding or portions of funding for this MOU may be contingent upon budget approval, receipt of funds from, and/or obligation of funds by the Office of Justice Programs. Confidentiality: The parties agree to maintain the confidentiality of joint and individual records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this MOU. Termination: Any of the parties may terminate this MOU, with or without cause, upon 30 days' written notice given to the other parties. Notice: Any notice required to be given under this MOU shall be in writing and addressed as follows: Notice to Anaheim Police Department: Crime Suppression Bureau Lieutenant Investigations Division 425 S. Harbor Boulevard Anaheim, CA 92805 Notice to Santa Ana Police Department Investigation Bureau Commander Special Investigation Division 66 Civic Center Plaza Santa Ana, CA 92701 7 The duration of this MOU will encompass the entire FY 23 Enhances' Collaborative Model Task Force to Combat Human Trafficking project finding cycle, anticipated to occur throughout 10/01/2023 — 09/30/2026. Notice required by this Agreement shall be effective when deposited in the United States mail, first class postage prepaid. Alteration of Terms: This MOU fully expresses all understanding of the parties and is the total agreement between the parties as to the subject matter of this MOU. No addition to, or alteration of the terms of this MOU by the parties, whether written or verbal, shall be valid unless made in the form of a written amendment to this MOU, which is formally approved and executed by the parties, Commitment: The partnering agencies have already established institutional integrity amongst the community they serve and expertise in their agency roles; carefully structuring new programs and projects will only help to fill gaps in the county rather than duplicate services. The history of our respected relationships with each other as law enforcement serves as a demonstration of the commitment on the part of both project partners to work together to achieve the following goals: 1) Conduct proactive investigations of sex and labor trafficking crimes within Orange County and to support the prosecution of such crimes on state and federal levels, 2) Increase the identification of all forms of human trafficking within Orange County, 3) Offer a comprehensive array of restorative services to victims of all types of human trafficking victimized in and/or living in Orange County, and 4) Enhance community capacity to identify and report trafficking crimes. 0 The duration of this MOU will encompass the entire FY23 Enhanced Collaborative Model Task Force to Combat Human Tracking project funding cycle, anticipated to occur throughout 10/01/2023 -- 09/30/2026. We, the undersigned, hereby affirm our commitment to work closely, through planned active coordination, to identify victims and combat all forms of trafficking occurring within Orange County. Signed, TIACAdC—V S)(,-fJNTTAZC— PA&-E— Date: Robert Rodriguez Chief of Police Santa Ana Police Department UEI # KZE9G2M4GRX9 Rick Annendariz Chief of Police Anaheim Police Department UEI # KV 1 LNLD4M5 Q4 Date: APPROVED AS TO FORM: ANAHEI Ci ATT EY'S O ICE BY t( Attachments: Exhibit A— Federal Regulations Exhibit B -- Award Letter and Special Conditions E The duration of this MOU will encompass the entire FY23 Enhanced Collaborative Model Task Force to Combat Human Trafficking project funding cycle, anticipated to occur throughout 10/01/2023 — 09/30/2026. We, the undersigned, hereby affirm out- commitment to work closely, through planned active coordination, to identify victims and combat all forms of trafficking occurring within Orange County. Signed, SEt= Date: Robert Rodriguez Chief of Police Santa Ana Police Department UE1 # KZE9G2M4GRX9 Rick Annendariz Chief of Police Anaheim Police Department UEI # KV 1 LNLD4M5Q4 Date: APPROVED AS TO FORM: ANAHEIM CI ATTO Y'S p ICE BY Attachments: Exhibit A — Federal Regulations Exhibit B —Award Letter and Special Conditions 91 The duration of this MOU will encompass the entire FY23 Enhanced Collaborative Model Task Force to Combat Human Trafficking project funding cycle, anticipated to occur throughout 10/01/2023 — 09/30/2026. N-2024-160 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: City APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: wjt�, TAMARA BOGOSIAN Senior Assistant City Attomey CITY OF SANTA ANA '. n G1'iw ALVARO NUNEZ Acting City Manager RECOMMENDED FOR APPROVAL: t, ROBERT RODRIGUEZ Acting Chief of Police Exhibit A — Federal Regulations a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Sus ep nsion — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Anaheim. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicayy4 - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance (bat no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors, f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h, No Lobbying- Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Qpportunit Recipient will comply, and all its contractors (or subrecipients) will comply, with Title V1 of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR fart 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled `Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3. as applicable. 1. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. in. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. P. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Recipient agrees that the Department of Homeland Security shall have the authority to seep patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. S. Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 116664 Exhibit B Department of Justice (DOJ) Office of Justice Programs Office for Victims of Crime Washington, D.C. 20531 Name and Address of Recipient: CITY OF ANAHEIM 425 S HARBOR BLVD City, State and Zip: ANAHEIM, CA 92805 Recipient t1El: KVILNLD4M5Q4 Project Title: The Orange County Human Trafficking Task Force (OCHTTF): Strategically designed to leverage capacity and expertise to provide comprehensive services to victims and hold perpetrators accountable. (Solicitation Title: OVC FY 2023 Enha Federal Award Amount: $750,000.06 Awarding Agency: Funding Instrument Type: Opportunity Category: D Assistance Listing: 16.320 - Services for Trafficking Victims Project Period Start Date: 1011123 Budget Period Start Date: 10/1123 ect Description: Number: 15POVC-23-GK-02742-HT ............ Model (ECM) Task Force to Combat Human Trafficking Federal Award Date: Office of Justice Programs Office for Victims of Crime CA Project Period End Date: 9/30/26 Orange County has developed an innovative multidisciplinary, anti -human trafficking model designed to combat human trafficking. This model project, the Orange County Human Trafficking Task Force (OCHTTF), is designed to leverage the expertise of local service providers and law enforcement to ensure that victims are identified and supported and perpetrators are held accountable. The OCHTTF proposes to implement the Enhanced Collaborative Project through the co -leadership of the Anaheim Police Department (APD) and Waymakers. The purpose is to enhance the multidisciplinary, co - leadership approach to increasing victim identification of all forms of human trafficking, supporting victims with a trauma -informed approach, and seeking justice on their behalf through a victim -centered tens. Project activities include conducting proactive investigations into sex and labor trafficking crimes, prosecuting perpetrators, and providing comprehensive, culturally relevant services to victims of all forms of human trafficking. Project activities will include a diverse set of approaches, informed by a collaboration of key stakeholders including law enforcement, victim services, prosecution, survivors, and the community. Expected outcomes include an increase in the number of total victims identified and served, an increase in the percentage of victims of labor trafficking being served, and an increase in the number of labor trafficking cases being investigated. The geographic area to be served is the entire County of Orange in California, representing 3,155,816 people in an area of 791 square Page: 1 of 22 Letter ber 25, 2023 Dear Jorge Cisneros, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF ANAHEIM for an award under the funding opportunity entitled 2023 OVC FY 2023 Enhanced Collaborative Model (ECM) Task Force to Combat Human Trafficking. The approved award amount is $750,000. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. � Solomon istant Attorney General ce for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/Civil Rights Req uirem ents. htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Page: 2 of 22 These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the ESOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Categorical Exclusion NEPA Letter The purpose of this program is to develop, expand, or strengthen a multidisciplinary approach to better respond to human trafficking. This collaborative approach must include victim and social service providers, law enforcement, prosecution personnel, individuals with lived experience, and a range of other governmental and non -governmental partners that work together to provide access to a diverse set of services for trafficking victims and to seek justice on their behalf. 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 that 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 (including the identification, seizure, or closure of clandestine methamphetamine laboratories) Additionally, the proposed action is neither a phase nor a segment of a project that 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, Questions about this determination may be directed to your grant manager or Environmental Coordinator for the Office for Victims of Crime. Page. 3 of 22 NEPA Coordinator First Name Middle Name Last Name French Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name CITY OF ANAHEIM UEI KVILNLD4M5Q4 Street 1 425 S HARBOR BLVD Street 2 City M Zip/Postal Code 92805 County/Parish Award Details Federal Award Date 9/25123 Award Number 15POVC-23-GK-02742-HT Federal Award Amount $750,000.00 Assistance Listing Number 16.320 Statutory Authority 22 U.S.C. 7105(b)(2) 34 USC 20705 State/U.S. Territory California Country United States Province Award Type Initial Supplement Number 00 Funding Instrument Type CA Assistance Listings Program Title Services for Trafficking Victims Page: 4 of 22 [1 I have read and understand the information presented in this section of the Fedora! Award Instrument. Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title 2023 OVC FY 2023 Enhanced Collaborative Model (ECM) Task Force to Combat Human Trafficking Application Number GRANT13865711 Grant Manager Name Alissa Huntoon Phone Number 202-305-1661 E-mail Address Alissa.Huntoon@usdoj.gov Awarding Agency OJP Program Office OVC Project Title The Orange County Human Trafficking Task Force (OCHTTF): Strategically designed to leverage capacity and expertise to provide comprehensive services to victims and hold perpetrators accountable. Performance Period Start Date 10/01 /2023 Budget Period Start Date 10/01/2023 Project Description Performance Period End Date 09/30/2026 Budget Period End Date 09/30/2026 County has developed an innovative multidisciplinary, anti -human trafficking model designed to combat trafficking. This model project, the Orange County Human Trafficking Task Force (OCHTTF), is !d to leverage the expertise of local service providers and law enforcement to ensure that victims are ed and supported and perpetrators are held accountable. he OCHTTF proposes to implement the Enhanced Collaborative Project through the co -leadership of the naheim Police Department (APD) and Waymakers. The purpose is to enhance the multidisciplinary, co- adership approach to increasing victim identification of all forms of human trafficking, supporting victims with trauma -informed approach, and seeking justice on their- behalf hrough a victim -centered lens. Project activities .elude conducting proactive investigations into sex and labor trafficking crimes, prosecuting perpetrators, and 'oviding comprehensive, culturally relevant services to victims of all forms of human trafficking. Project ;tivities will include a diverse set of approaches, informed by a collaboration of key stakeholders including law iforcement, victim services, prosecution, survivors, and the community. Expected outcomes include an increase the number of total victims identified and served, an increase in the percentage of victims of labor trafficking ,ing served, and an increase in the number of labor trafficking cases being investigated. The geographic area to Page: 5 of 22 served is the entire County of Orange in California, representing 3,155,816 people in an area of 791 square have read and understand the information presented in this section of the Federal Award Instrument. 'financial Information his award is offered subject to the conditions or limitations set forth in the Award Information, Project iformation, Financial Information, and Award Conditions. he recipient budget is currently under review. have read and understand the information presented in this section of the Federal Award Instrument. Conditions award is offered subject to the conditions or limitations set forth in the Award Information, Project mation, Financial Information, and Award Conditions. pliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards ;onsistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To .nhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases r transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any ubreciplent ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to cquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted n the OJP web site at httpsa/www.ojp.gov/funding/explore/prohibited and -controlled -equipment (Award condition: compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards), and re incorporated by reference here. nce with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 he recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 .F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." ompliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) he recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 .S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an rnployee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a -oss waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to iblic health or safety, or a violation of law, rule, or regulation related to a federal grant. recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of oyee rights and remedies under 41 U.S.C. 4712. Id a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to Page: 6 of 22 contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 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 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https:/Iojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 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 information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 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 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 "DOJ Grants Financial Guide"). Requirement for data on performance 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 timeframes) 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 2010, and other applicable laws. 7 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 https:/Iojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 8 Page: 7 of 22 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22Appropriations Restrictions. htm, and are incorporated by reference here. Should a question arise as to whether 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. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 3.8 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, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ lwww.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 10 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegaiNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition Page: 8 of 22 ncorporated by reference below, or an assurance or certification related to conduct during the award period -- may 'exult in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other egal action as appropriate. \ny materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment )r omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.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 Maims or otherwise (including under 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 terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, nstead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subreciplent ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 14 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring Page: 9 of 22 he recipient's monitoring responsibilities include monitoring of subreciplent compliance with this condition. . Allowable costs o the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for ie reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. Rules of construction Staff involved in the hiring process or purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes without limitation).any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the iring process with respect to a position that is or will be funded (in whole or in part) with award funds. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination 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)(or in the application for any subaward, at any tier), 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 recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subreciplent at any tier, 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 OJP web site at https:/Iojp.gov/funding/Explore/Interact-Minors.htm Page: 10 of 22 (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 19 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Page: 11 of 22 If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives 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. W 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 (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory 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 the 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. 21 Requirement to report actual or imminent breach of personally identifiable information (PI I) 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 it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) 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 PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@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 programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated 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. Page: 12 of 22 ragement of policies to ban text messaging while driving irsuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies nning employees from text messaging while driving any vehicle during the course of performing work funded by this Lard, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease ashes caused by distracted drivers. subawards ("subgrants") must have specific federal authorization e recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for thorization of any subaward. This condition applies to agreements that -- for purposes of federal grants ministrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement )ntract"). details of the requirement for authorization of any subaward are posted on the OJP web site at https:llojp.gov/ ing/ExplorelSubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal orization), and are incorporated by reference here. post -award approval required to use a noncompetitive approach in any procurement contract that would $250,000 ie recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain )ecific advance approval to use a noncompetitive approach in any procurement contract that would exceed the mplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of deral grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract and an OJP award are posted on the OJP web site at https:llojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https:llojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding Page: 13 of 22 agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, 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) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20630; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). information is available from the DOJ OIG website at https://oig.justice.gov/hotline. two 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), currently accessible at https://www.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 ("subgrants") to first -tier subrecipients (first - tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (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 nonprofit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any 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 any subrecipient at any tier, 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 recipient (or subrecipient) would or might fall 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 OJP. Page: 14 of 22 31 The recipient agrees that it will submit quarterly financial status reports (the SF 425 Federal Financial Report) to OJP in JustGrants, no later than the deadlines set out in the DOJ Financial Guide and the JustGrants guidance (typically 30 days after the end of each calendar quarter). Delinquent reports may lead to funds being frozen and other remedies. 32 The recipient shall submit semiannual performance reports. Performance reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on-line through the Internet at https:lljustgrants.usdoj.gov 33 The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award. This report will include detailed information about the project(s) funded, including, but not limited to, information about how the funds were actually used for each purpose area, data to support statements of progress, and data concerning individual results and outcomes of funded projects reflecting project successes and impacts. The final report is due no later than 120 days following the close of this award period or the expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on-line through the Internet at https://iustgrants.usdoj.gov/ 01I FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 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 fun ft..;The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/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 $30,OD0, 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 or operate in his or her name). 35 Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJ P award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https:llojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 36 Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of Page: 15 of 22 e federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal ystem for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in access of this compensation limitation is paid with non-federal funds.) his limitation on compensation rates allowable under this award may be waived on an individual basis at the scretion of the OJP official indicated in the program announcement under which this award is made. 7 tatement of Federal Involvement Due to the substantial Federal involvement contemplated in completion of this project, the OVC has elected to enter into a cooperative agreement rather than a grant. This decision is based on OJP and OVC's ongoing responsibility to assist and coordinate projects that relate to the funded activities. OJP and OVC will provide input and re -direction to the project, as needed, in consultation with the recipient, and will actively monitor the project by methods including, but not limited to, ongoing contact with the recipient. In meeting programmatic responsibilities, OJP, OVC, and the recipient will be guided by the following principles: responsibility for the day-to-day operations of this project rests with the recipient in implementation of the recipient's approved proposal, the recipient's approved budget, and the terms and conditions specified in this award. Responsibility for general oversight and redirection of the project, if necessary, rests with OVC. In addition to its programmatic reporting requirements, the recipient agrees to provide necessary information as requested by OJP and OVC. Information requests may include, but are not limited to, specific submissions related to: performance, including measurement of project outputsloutcomes; meeting performance specifications; developmental decision points; changes in project scope or personnel; budget modifications; and/or coordination of related projects. 38 Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) name of event; 2) event dates; 3) location of event; 4) number of federal attendees; 5) number of non-federal attendees; 6) costs of event space, including rooms for break-out sessions; 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs of printing and distribution; 10) costs of meals provided during the event; 11) costs of refreshments provided during the event; 12) costs of event planner; 13) costs of event facilitators; and 14) any other costs associated with the event. Page: 16 of 22 The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) meals and incidental expenses (M&IE portion of per diem); 2) lodging; 3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g., rental car, POV) at event location. Note that if any item is paid for with registration fees, or any other non -award funding, then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data, and how to determine costs, are available in the DOJ Financial Guide Conference Cost Chapter. 39 The recipient will coordinate its efforts with other similar OVC-funded programs within the relevant jurisdiction in order to enhance the project and avoid duplication of efforts. 40 Justification of consultant rate pproval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed stification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such The recipient agrees to submit to OJP for review and approval any product (e.g., curricula, training materials, publications, reports, videos, or any other written, web -based, or audio-visual, or other materials) that will be developed and published under this award, 60 days before its intended publication. The recipient agrees to correct a product in response to comments generated through the OJP peer review process, the internal Department of Justice review process, or as otherwise requested by OJP. Any products developed under this award shall contain the following statement: ?This was produced by under [add grant number], awarded by the [add Awarding Program Office, e.g., Office for Victims of Crime], Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.? The OJP grant manager will determine whether minor deliverables, such as webinars, one -page flyers and discrete web pages, require review or prior approval by OJP. The recipient (and any "sub recipient" at any tier) must have written policies and procedures in place that address how it will maintain the confidentiality of victims' names, addresses, telephone numbers, or any other identifying information including how this information will be protected when there is information sharing between partners. In addition, the recipient must submit a signed, written certification that data privacy and sharing protocols comport with the confidentiality and privacy rights and obligations of federal law or the grantee jurisdiction's laws, court rules, or rules of professional conduct applicable to the work performed by the recipient. The recipient agrees to provide to OJP all documentation as required for grant monitoring purposes. 43 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued Page: 17 of 22 guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. e Project Director and/or any other key program personnel designated in the application shall be replaced only for mpelling reasons. Successors to key personnel must be approved by OJP, and such approval is contingent upon bmission of appropriate information, including, but not limited to, a resume. Changes in program personnel, other in key personnel, require only notification to OJP and submission of resumes, unless otherwise designated in the yard document. 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 (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) 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 any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General). It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward (at any tier) under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights 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 OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. Non-profit organization recipient - Disclosure of process for determining compensation For any year during the period of performance for this award as to which the recipient non-profit organization believes (or asserts) that it has satisfied the requirements of 26 C.F.R. 53.4958-6 (which relates to establishing or invoking a rebuttable presumption of reasonableness of compensation of certain individuals and entities), the recipient must make a prompt written disclosure to OJP that satisfies the requirements of this award condition. (Under certain circumstances, a non-profit organization that provides unreasonably -high compensation to certain persons may subject both the organization's managers and those who receive the compensation to additional federal taxes. A rebuttable presumption of the reasonableness of a non-profit organization's compensation arrangements, however, may be available if the non-profit organization satisfied certain rules set out in Internal Revenue Service regulations with regard to its compensation decisions.) Each disclosure required by this award condition must describe in pertinent detail the process used by the recipient non-profit organization to determine the compensation of its officers, directors, trustees, and key employees (together, "covered persons"). At a minimum, the disclosure must describe in pertinent detail -- (1) the composition of the body that reviews and approves compensation arrangements for covered persons; (2) the methods and practices used by the recipient organization to ensure that no individual with a conflict of interest participates as a member of the body that reviews and approves a compensation arrangement for a covered person; (3) the appropriate data as to comparability of compensation that is obtained in advance and relied upon by the body Page: 18 of 22 that reviews and approves compensation arrangements for covered persons; (4) the written or electronic records that the recipient maintains as concurrent documentation of the decisions with respect to compensation of covered persons made by the body that reviews and approves such compensation arrangements, including records of deliberations and of the basis for decisions. For purposes of this condition, the following terms and phrases have the meanings set out by the Internal Revenue Service for use in connection with 26 C.F.R. 53.4958-6: officers, directors, trustees, key employees, compensation, conflict of interest, appropriate data as to comparability, adequate documentation, concurrent documentation. This condition implements a law that affects the program under which this OJP award is made. In accepting this award, the recipient acknowledges that, following receipt of an appropriate request, OJP may be authorized or required by law to make information submitted pursuant to this condition available for public inspection. 47 Representation and agreement regarding funds in offshore accounts In accepting this award, the recipient nonprofit organization -- (1) represents to the Department of Justice that it does not hold money in offshore accounts for the purpose of avoiding paying the tax described in 26 U.S.C. 511(a), and agrees that it will not hold money in any such accounts for such a purpose during the period of performance of this award; and (2) agrees that, if, during the period of performance of this award, the recipient learns that it does hold money in offshore accounts for such a purpose, it will immediately stop any further obligations of award funds, it will provide prompt written notification to OJP, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by OJP. Recipient certifies that it does not promote, support, or advocate the legalization or practice of prostitution, nor will it use grant funds or program match funds to promote, support, or advocate the legalization or practice of prostitution. 49 The value or amount of any "non-federal share," "match," or cost -sharing contribution incorporated into the OJP OCFO-approved budget for this award is part of the "project cost" for purposes of the Part 200 Uniform Requirements, and is subject to audit. In general, the rules and restrictions that apply to award funds from federal sources also apply to funds in the OJP-approved budget that are provided as "match" or through "cost sharing." 6-11 The recipient agrees that its anti -trafficking program policies, procedures, and rules enhance access to services and promote survivor autonomy, consistent with the principles set out in the "Enhancing Access to Service and Promoting Survivor Autonomy' heading of the applicable solicitation; and that they conform with the requirements outlined in the solicitation, particularly those in the "Mandatory Program Requirements" heading. See also "What expectations does OVC have for the programmatic policies and procedures of ant -trafficking award recipients?" (https://ove.ojp.gov/ programlhuman-traffickinglovc-human-trafficking-program-faqs). Within 90 days of an OVC request, the recipient must submit for OVC review and approval, the policies, procedures, and rules governing the provision of program services supported with award funding or provided as a match. These documents should include, but are not limited to, those used for program eligibility, intake, working with participants, and program protocols. The recipient further agrees to work with OVC-sponsored technical assistance provider(s) to develop or modify its policies, procedures, and rules where OVC determines that changes are needed to ensure they reflect best practices for serving survivors of human trafficking. 51 The recipients may not use award funds to hold beds in a housing facility by charging their cost to the grant while empty; pay victims cash or non -cash stipends or incentives to encourage support service participation; engage in Page: 19 of 22 primary prevention activities; or purchase or lease vehicles. 'M In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request 53 Withholding of funds: Research and evaluation independence and integrity The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award information regarding research and evaluation independence and integrity 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 (or agreed to) any adjustments to the award (including as to amount) that OJP may require to prevent, eliminate, mitigate, or otherwise adequately address any actual or apparent personal or financial conflict of interest on the part of the investigators or other stafflconsultants engaged in the research/evaluation or organizational conflict of interest on the partof_the recipient_entity,_and _(4)____ Award Condition Modification (ACM) has been issued to remove this condition. If this award is a "discretionary" award (i.e., not an award under a statutory "formula" program), the recipient understands and agrees that if it does not provide an adequate research and evaluation independence and integrity submission (as determined by OJP), or if it fails to implement (as determined by OJP) any safeguard included in its submission or required by OJP, this award may be terminated (without right of appeal), upon thirty (30) calendar days advance written notice by OJP. 54 The recipient's budget (and budget narrative) is pending clearance by OJP. Prior to budget clearance (and unless there is a more restrictive condition on this award, in which case the terms of that more restrictive condition apply): The recipient may not drawdown more than 10% of the award. Pre -clearance obligations, expenditures, and drawdowns may be disallowed if not in compliance with program requirements, The recipient should be judicious in using award funds prior to budget clearance. Generally, OJP expects that recipients (depending on the specific project scope) may need to advertise for award -funded positions, pay personnel and fringe benefits for positions budgeted under the award, plan for project activities, attend training and pay training - related travel needed to begin the project, and engage in other limited activities conducted by recipient staff (i.e., generally not requiring a subaward or procurement contract under an award). OJP will issue an Award Condition Modification upon budget clearance. 55 The recipient may not obligate, expend, or draw down any award funds for indirect costs, unless and until either -- (1) the recipient submits to OJP a current, federally -approved indirect cost rate agreement, or (2) the recipient determines that it is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and advises OJP in writing of both its eligibility and its election. The financial review of the budget for this award is pending. if the OJP Office of the Chief Financial Officer (OCFO) determines as part of its financial review that the recipient already has submitted the documentation concerning indirect costs described above, this condition will be released through a Grant Award Condition Modification (ACM) upon completion of the OCFO final budget review. If the OJP OCFO instead determines as part of its financial review that the recipient has not yet submitted the required documentation concerning indirect costs, this condition will not be released until OJP (including its OCFO) receives and reviews a satisfactory submission. Page: 20 of 22 j have read and understand the information presented in this section of the Federal Award Instrument. Acceptance claration and Certification to the U.S. Department of Justice as to Acceptance checking the declaration and certification box below, I -- Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this aration and certification on behalf of the applicant. 1. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and relief, that the following are true as of the date of this award acceptance: (1)1 have conducted or there was conducted including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and :onditlons of, and all supporting materials submitted in connection with, this award, including any assurances and :ertifications_(Including-anything submitted -in -connection -therewith -by a -person on behalf of -the -applicant befora, after, it at the time of the application submission and any materials that accompany this acceptance and certification); and 2)1 have the legal authority to accept this award on behalf of the applicant. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1)1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Titre of Approving Official Assistant Attorney General Authorized Representative Entity Acceptance Name of Approving Official Signed Date And Time Amy Solomon 9120/23 8:20 PM Title of Authorized Entity Official Chief of Police Signed Date And Time Page: 21 of 22 FIRST AMENDMENT TO FY 2023 ENHANCED COLLABORATIVE MODEL TASK FORCE TO COMBAT HUMAN TRAFFICKING MEMORANDUM OF UNDERSTANDING THIS FIRST AMENDMENT to the above -referenced agreement is entered into on August 20, 2024, by and between the City of Anaheim, ("Anaheim"), a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Anaheim"). and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Santa Ana"). RFd TTAT.0 A. On May 14, 2024, the parties entered into the FY 2023 Enhanced Collaborative Model Task Force To Combat Human Trafficking Memorandum Of Understanding, Santa Ana Agreement No. N-2024-160 ("Agreement"). The Agreement is still in effect and expires on September 30, 2026. B. The Anaheim Police Department applied for the FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant. Anaheim was awarded $750,000, and the Santa Ana Police Department has been allocated a subaward in the amount of $75,000 as a sub -recipient under this grant. The grant is anticipated to continue to fund the OCHTTF from October 1, 2023 to September 30, 2026. C. The Memorandum of Understanding from the Anaheim Police Department inadvertently omitted the grant amount to be subawarded to the Santa Ana Police Department. The First Amendment specifies the amount of the subaward as $75,000 and also provides the federal grant requirements associated with this subaward. The parties would now like to amend the Agreement by incorporating Exhibit C, attached, Notification of Subrecipient Award, which specifies the amount of the subaward to the Santa Ana Police Department as $75,000 and provides the federal grant requirements associated with this subaward. The Parties therefore agree: 1. The Agreement, is hereby amended to include the terms and conditions in Exhibit C, Notification of Subrecipient Award, reflecting the subaward amount of $75,000 and providing federal grant requirements 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above. ATTEST JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: AMARA BOGOSIAN Senior Assistant City Attorney ATTEST THERESA BASS, CMC City Clerk APPROVED AS TO FORM ROBERT FABELA City Attorney By: CITY OF SANTA ANA ALVARO NU&EZ Acting City Manager RECOMMENDED FOR APPROVAL ROBERT RODRIGUEZ Acting Chief of Police CITY OF ANAHEIM JAMES VANDERPOOL City Manager RECOMMENDED FOR APPROVAL RICK ARMENDARIZ Chief of Police Page 2 of 2 EXHIBIT C ,oil�a�H�� Aatr�E ANAHEIM POLICE DEPARTMENT TO MAINTAIN A SAFE COMMUNITY TO LIVE, WORK, AND PLAY July 11, 2024 Robert Rodriguez, Chief of Police Santa Ana Police Department Special Investigation Division 66 Civic Center Plaza Santa Ana, CA 92701 SUBJECT: Notification of Sub -Recipient Award Fiscal Year (FY) 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking (HT) Program Grant #15POVC-23-GK-02742-HT; CFDA# 16.320 Sub -Recipient Performance Period: October 1, 2023 to September 30, 2026 Requesting Jurisdiction: Santa Ana Police Department UEI No. KZE9G2M4GRX9 Projects: Orange County Human Trafficking Task Force Partnership Total Award: $75,000 Dear Chief Rodriguez: This letter serves to inform you that the Santa Ana police Department has been approved for grant funding under the FY2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking (HT) Grant Program in an amount not to exceed $75,000. Once the Memorandum of Understanding (MOU) between the Anaheim Police Department and the Santa Ana Police Department has been signed, received, and an executed copy of the agreement is on file, reimbursement may be requested for eligible expenditures. It is critical that all Santa Ana Police Department employees that are involved in the FY2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking (HT) Grant Program become familiar with the Memorandum of Understanding between the City of Anaheim and the Santa Ana Police Department regarding the FY2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking (HT) Grant Program. This subaward is subject to the requirements in 2 CFR, Part 200. Sub -Recipients must also comply with the following conditions and limitations set by the granting agency: 425 S. HARBOR BLVD., ANAHEIM, CA 92805 I T: (714) 765-1900 I F: (714) 765-1690 I W WWANAHEIMPD.ORG • Compliance with 41 USC 4712 that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. • 2 CFR 200.334 Record retention and access: records pertinent to the award that the recipient (and any subrecipient) must retain — typically for a period of 3 years from the date of submission of the final expenditure report, unless a different retention period applies —and to which the recipient must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records. • 28 CFR Part 38 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination • 28 CFR Part 42 must comply with all applicable requirements of 28 CFR Part 42, specifically including any applicable requirements in Subpart E that relate to an equal employment opportunity program. • No sub -recipient under this award that receives a subcontract with any funds under this award, may require any employee to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. • Requirement to report actual or imminent breach of personally identifiable information (PII): must have written procedures in place to respond in the event of an actual or imminent "breach" • Sub -recipient must comply with all applicable requirements pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the recipients, subrecipients, or individuals defined as "employees" of the recipient or of any subrecipient • Report potential fraud, waste, and abuse, and similar misconduct • 18 USC 1913 Restrictions on Lobbying • Must have written policies and procedures in place that address how it will maintain the confidentiality of victims' names, addresses, telephone numbers, or any other identifying information, including how this information will be protected when there is information sharing between partners. • Copyright; Data rights: acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. Reimbursement for overtime will be provided for personnel who assist the task force with their operations. Overtime reimbursement will not include any benefits or other compensation that such personnel may be entitled to as a consequence of enhanced services rendered pursuant to this MOU. The funding allocation below is an estimated value based on task force participation from investigators in your agency that have been approved to participate in task force operations. It is being provided for your City's respective internal budgetary needs only and does not reflect a direct allocation as in the past. Additional funds may be awarded at a later time depending on your agency's participation and available dollars. Orange County Human TraffickinE Task Force — Investigator Participation Police Department: $75,000 Please not that all activities funded with this award must be completed within the Sub -Recipient performance period with the last allowable date of operation being July 31, 2026 in order to allow invoices to be processed and paid before the grant end date of September 30, 2026. Sub -Recipients are encouraged to seek reimbursement through the grant cycle, as funds are expended. Final Overtime Reimbursement Requests are due no later than August 31, 2026. This grant is subject to all provisions of 2 CFR Part 200 Subpart F — Audit Requirements. A dated signature from you is required below. Please sign and return the original to the Anaheim Police Department and retain a copy for your files. If you have any questions regarding this letter, please feel free to contact Grant Coordinator Kathy Harrell at (714) 765-1586 or il@anaheim.net. Sincerely, Ben Starke Lieutenant Name of Signatory: Santa Ana Police Department Date