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HomeMy WebLinkAbout2016-230 I RESOLUTION NO. 2016-230
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING THE RECEIPT, OBLIGATION, AN
APPROPRIATION OF THE ALLOCATED FY 2016/2017 JUSTICE ASSISTANC
4 GRANT (JAG) FUNDS AND EXECUTION OF A JAG SUB AWARD GRAN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SA
5 BERNARDINO
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby
to
authorize the City Manager to execute the Sub Award Grant Agreement for the Edward Byrne
1 l Memorial Justice Assistance Grant Program between the City of San Bernardino and County of
12 San Bernardino attached hereto, marked Exhibit"A" and by this reference made a part thereof.
13 SECTION 2. The Director of Finance of the City of San Bernardino is hereby
14 authorized and directed to appropriate $154,574 into account number 123-210-8553, to
15 incorporate the changes into the FY2016/2017 adopted budget, and to obligate the allocated
16 Justice Assistance Grant (JAG) monies for vehicle and equipment purchases as outlined in the
17 attached Budget Summary submitted by the Chief of Police, marked Exhibit "B" and by this
18
reference made a part thereof.
19
SECTION 4. The authorization granted hereunder shall expire and be void and of no
20
further effect if the Grant Agreement is not executed by both parties and returned to the Office of
21
22 the City Clerk within ninety (90) days following the effective date of the Resolution.
23
24
25
1
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
2 BERNARDINO AUTHORIZING THE RECEIPT, OBLIGATION, AN
APPROPRIATION OF THE ALLOCATED FY 2016/2017 JUSTICE ASSISTANC
3 GRANT (JAG) FUNDS AND EXECUTION OF A JAG SUB AWARD GRAN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SA
4 BERNARDINO
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
g 7 t day of November, 2016, by the following vote, to wit:
9 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
SHORETT X
13
NICKEL X
14 RICHARD X
15 MULVIHILL X
17 GeorgeaA Hanna, CIMC, City Clerk
18 ,6
The foregoing Resolution is hereby approved this day of November, 2016.
19
20 12
R. Carey Davi , Mayor
21
City of San Bernardino
22 Approved as to form:
Gary D. Saenz, City Attorney
23
24 By:
25
2
2016-230
St'Q 11LR'VAKDtNO
COUNTY Sub Award Grant Agreement
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino,CA 92401-0120 Grant Award Number:
Law and Justice Group 2016-DJ-BX-0768
Sub Award Number:
Subrecipient Name and Address: 2016-DJ-BX-0768-San Bernardino
City of San Bernardino JAG Program Purpose Area:
300 North"D"Street Law Enforcement
PO Box 1318 Amount of this award:
San Bernardino,CA 92402 $154,574
Catalog of Domestic Federal Assistance(CFDA Number):
16.738-Edward Byrne Memorial Justice Assistance Grant Program
Subrecipient DUNS Number: Project Period:
80-534-9206 From: 10/1/2015 To: 09/30/2019
Title of Program:
FY2016 Edward Byrne Memorial Justice Assistance Grant
Summary Description of Project:
The City of San Bernardino Police Department will utilize 2016 JAG funds towards the replacement of one aging K9 Patrol
vehicle and one unmarked police vehicle to be used by Investigators. Additionally,the Department will purchase a new Hostage
Negotiations Throw Phone,as well as upgrade and repair equipment and supplies on the departments Mobile Command Post
motor home.
Special Conditions:
The above sub-award is approved subject to such conditions or limitations as set forth on the attached pages,which include the
Sub-Award Continuation Sheets(pages 1-12)and the Subrecipient Monitoring Procedures for the County of San Bernardino Law
and Justice Group(4 pages).
Approval Subrecipient Acceptance
Typed Name and Title of Approving Official: Typed Name and Title or Authorized Subrecipimt Official:
Phyllis K.Morris,Chair Mark Scott,City Manager
San Bernardino County Law and Justice Group City of San Bernardino
x x
Signature of Approving Official Signature of Approving Official
Date Date
EXHIBIT "A"
2016-230
S tN[itiR'vAttUl:'�0
COUNTY Sub Award Grant Agreement
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino,CA 92401-0120 Grant Award Number:
Law and Justice Group 2016-DJ-BX-0768
Sub Award Number:
Subrecipient Name and Address: 2016-DJ-BX-0768-San Bernardino
City of San Bernardino JAG Program Purpose Area:
300 North"D"Street Law Enforcement
PO Box 1318 Amount of this award:
San Bernardino,CA 92402 $154,574
Catalog of Domestic Federal Assistance(CFDA Number):
16.738-Edward Byrne Memorial Justice Assistance Grant Program
Subrecipient DUNS Number: Project Period:
80-534-9206 From:10/1/2015 To: 09/30/2019
Title of Program:
FY2016 Edward Byrne Memorial Justice Assistance Grant
Summary Description of Project:
The City of San Bernardino Police Department will utilize 2016 JAG funds towards the replacement of one aging K9 Patrol
vehicle and one unmarked police vehicle to be used by Investigators. Additionally,the Department will purchase a new Hostage
Negotiations Throw Phone,as well as upgrade and repair equipment and supplies on the departments Mobile Command Post
motor home.
Special Conditions:
The above sub-award is approved subject to such conditions or limitations as set forth on the attached pages,which include the
Sub-Award Continuation Sheets(pages 1-12)and the Subrecipient Monitoring Procedures for the County of San Bernardino Law
and Justice Group(4 pages).
Approval Subrecipient Acceptance
Typed Name and Title of Approving Official: Typed Name and Title of Authorized Subrecipimt Official
Phyllis K.Morris,Chair Mark Scott,City Manager
San Bernardino County Law and Justice Group City of San Bemardino
x C(/1 L x
Signa a of Approving Official Signature of Approving Official
Date Date A14 v, 7,
EXHIBIT "A"
2016-230
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PROJECT NUMIJFR 201(4)1-BX-0768 AWARD DATE 0822/2016
SPECIAL CONDITIONS
I. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by the Department of Justice(DOJ)in 2 C.F.R.Part 2800(together,the"Part 200 Uniform
Requirements")apply to this 2016 award from the Office of Justice Programs(OJP). �
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The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this 2016 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded in 2014 or earlier
years),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 2016 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the Office of Justice Programs(OJP)website at
http://ojp.gov/funding/Pan2000ni form Requirements.him.
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
subrecipient is to contact OJP promptly for clarification.
2. Compliance with DOJ Grants Financial Guide
The subrecipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website
(currently,the"2015 DOJ Grants Financial Guide'),including any updated version that may be.posted during the
period of performance.
j3. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully
! completed an"OJP financial management and grant administration training"by 120 days after the date of the
j subrecipient's acceptance of the award. Successful completion of such a training on or after January I,2015,will satisfy
this condition.
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in the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC'). Successful
completion of such a training on or after January I.2015,will satisfy this condition.
j A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at http://www.ojp.gov/training/fnits,htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection
The subrecipient should anticipate that OJP will immediately withhold("freeze")award funds if the subrecipient fails to
comply with this condition. The subrecipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award. I
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031'1 OR M 4000^(RI I-,K8)
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PROJECT NUMBER 2016-DJ-BX-0768 AWARD DA"r F. 08i22l2016
SPECIAL CONDITIONS
4. Requirements related to"de minimis"indirect cost rate
A subrecipient 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.
5. Requirement to report potentially duplicative funding
If the subrecipient currently has other active awards of federal funds,or if the subrecipient receives any other award of federal
funds during the period of performance for this award,the subrecipient 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 subrecipient must promptly notify the DOJ
awarding agency(OJP or OV W,as appropriate)in writing of the potential duplication,and,if so requested by 1301
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
6. Requirements related to System for Award Management and Unique Entity Identifiers
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The subrecipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at hnp://www.sam.gov. This includes applicable requirements regarding registration with SAM,as
well as maintaining the currency of information in SAM.
The subrecipient 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
subrecipient)the unique entity identifier required for SAM registration.
The details of the subrecipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
j at http://ojp.govifunding/Explore/SAM.htin(Award condition: System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This special condition does not apply to an award to an individual who received the award as a natural person(i.e..
unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
7. All suhawards("subgrants")must have specific federal authorization
The subrecipient,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
http://cjp.gov/funding/FxploreiSubawardAuthorizat ion.htin(Award condition: Award Condition: All subawards
("subgrants")must have specific federal authorization),and are incorporated by reference here.
OJP FORM 400112(RL% 4 s8)
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8. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$150,000
The subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm(Award
condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract(if
contract would exceed$150,000)),and are incorporated by reference here.
9. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The 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 subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the subrecipient.
The details of the subrecipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at http:i/ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited
conduct by subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are incorporated by reference here.
10. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
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The 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.
Infomtation on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial(iuide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial
(iuide").
11, Requirement for data on performance and effectiveness under the award
The subrecipicnt must collect and maintain data that measure the performance and effectiveness of activities under this
award. The data must be provided to OJP in the manner(including within the timetrames)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 Moderni/ation Act,and other applicable laws.
12. OJP Training Guiding Principles
Any training or training materials that the 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 hup d/ojp.gov/funding/ojptra iningguidingpri nci pies.him.
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13. Effect of failure to address audit issues
The subrecipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the subrecipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards.
14. The subrecipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OV W,as appropriate)during the period of performance for this award.if the subrecipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
j 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42
The subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an
iequal employment opportunity program.
16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016.
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Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to subrecipient("subgrantee")organizations that
engage in or conduct explicitly religious activities,as well as Hiles and requirements that pertain to
subrecipients that are faith-based or religious organizations.
The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is
available via the Electronic Code of Federal Regulations(currently accessible at http://www.ecfT.gov/egi-
bin/E(FR?page=browse),by browsing to Title 28-Judicial Administration,Chapter I,Part 38,under c-CFR"current"
data.
17. Restrictions on"lobbying"
Federal funds may not be used by the subrecipient("subgrantee")at any tier,either directly or
indirectly,to support or oppose the enactment,repeal,modification or adoption of any law,regulation,or policy,at any
level of government.
Should any question arise as to whether a particular use of Federal funds subrecipient would or
! might fall within the scope of this prohibition,the subrecipient is to contact OJP for guidance,and may not proceed
without the express prior written approval ofOJP.
(JP I.ORbt 4000 21RI.V 1-%R)
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SPECIAL CONDITIONS
18. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2016)
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The subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general
provisions"in the Consolidated Appropriations Act,2016,are set out at http://ojp.gov/funding/Explorc/FY2016-
AppropriationsLawRestrictions.htm,and are incorporated by reference here.
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Should a question arise as to whether a particular use of federal funds by a subrecipient would or might
fall within the scope of an appropriations-law restriction,the subrecipient is to contact OR for guidance,and may not
proceed without the express prior written approval of OJP.
19. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct
The subrecipient("subgrantees")must promptly refer to the DOJ Office of the Inspector General
(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person
has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division,
950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotlinc(a)usdoj.gov,and/or(3)
the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881
(fax).
Additional information is available from the DOJ OIG wcbsite at http:i/www.usdoj.gov/oig.
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SPECIAL CONDITIONS
20. Restrictions and certifications regarding non-disclosure agreements and related matters
No 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 subrecipient--
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[cams or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the subrecipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(I) it has determined that no other entity that the subrecipient'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,
jfraud,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 j
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.
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21. Compliance with 41 U.S.C.4712(including prohibitions on reprisal.notice to employees)
The subrecipient must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable
provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,
an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a
violation of law,rule,or regulation related to a federal grant.
The subrecipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the subrecipient is to
contact the DO)awarding agency(OJP or OV W,as appropriate)for guidance.
22. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages subrecipients("subgrantees")to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
23. The subrecipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with
BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic
desk reviews,and/or site visits. The subrecipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks,including documentation related to any subawards made under this award. Further,the
subrecipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCF'O's grant monitoring activities may result in sanctions affecting the subrecipient's
DOJ awards,including,but not limited to:withholdings and/or other restrictions on the subrecipient's access to grant
funds;referral to the Office of the Inspector General for audit review:designation of the subrecipient as a DOJ I ligh Risk
grantee;or termination of an award(s).
24. The subrecipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in
certain circumstances,to report the names and total compensation of the five most highly compensated executives of
the first-tier subrecipients of award funds. Such data will be submitted to the F'FATA Subaward
Reporting System(FSRS). The details of subrecipient obligations,which derive from the Federal Funding Accountability
and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at
htip:i/ojp.govifunding/FxplorciFFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and
are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made
to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization
that he or she may own or operate in his or her name).
25. Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
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26. In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community,OJP requires the subgrantee to comply with DO1's Global Justice Information Sharing Initiative
(DOJ's Global)guidelines and recommendations for this particular grant.Subgrantee shall conform to the Global
Standards Package(GSP)and all constituent elements,where applicable,as described at:
http://www,it.ojp.gov/gsp_grantcondition.Subgrantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
27. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the subgrantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
28. The subrecipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as
per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the subrecipient may be fined as per 42 U.S.C.
3789g(c)-(d). Subrecipient may not satisfy such a fine with federal funds.
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29. Subgrantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent.
30. Subgrantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that
are applicable to collection,use,and revelation of data or information.Subgrantee further agrees,as a condition of grant
approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular,
section 22.23.
31. Award subrecipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address. If any information is
incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
32. The Subgrantee agrees that within 120 days ofaward acceptance,each current member of law enforcement task force
funded with these funds who is a task force commander,agency executive,task force officer,or other task force
member of equivalent rank,will complete required online(internet-based)task force training.Additionally,all future
task force members are required to complete this training once during the life of this award,or once every four years if
multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task
Force Integrity and Leadership(www.ctfli.org).This training addresses task force effectiveness as well as other key
issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task
force oversight and accountability.When BJA funding supports a task force,a task force personnel roster should be
compiled and maintained,along with course completion certificates,by the grant subrecipient Additional information is
available regarding this required training and access methods via BJA's web site and the Center for Task Force
Integrity and Leadership(www.ctfli.org).
33. The subrecipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held
by BJA or its designees,upon BJA's request.
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SPECIAL CONDITIONS
34. Approval of this award does not indicate approval of any consultant rate in excess of 5650 per day.A detailed
justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to
obligation or expenditure of such funds.
35. The subgrantee agrees to assist BJA in complying with the National Environmental Policy Act(NE'PA),the National
Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these
grant funds,either directly by the subgrantee. Accordingly,the subgrantee agrees to first determine if any
of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant,the subgrantee agrees to contact BJA.
The subgrantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is,as long as the activity is being conducted by the
subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling ofa property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation,lease,or any proposed use ofa building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d. Implementation ofa new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component ofa funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
c. Implementation ofa program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The subgrantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA. The subgrantee further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at
http.!lwww.ojp.usdoj.gov/BJAiresource/nepa.html,for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the
subgramees•'existing programs or activities that will be funded by these grant funds,the subgrantee,upon specific request
from BJA,agrees to cooperate with BJA in any preparation by BJA ofa national or program environmental assessment
of that funded program or activity.
36 The subrecipicnt is required to establish a trust fund account.(The trust find may or may not be an interest-bearing
account_)The tund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond
the scope ofthe Edward Byrne Memorial Justice Assistance Grant Program(JA6).The subrecipient also agrees to obligate
the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 90
days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to the Office of
Justice Programs at the time of closeout-
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37 JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the
Bulletproof Vest Partnership(BVP)program.
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38. Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make
or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with
applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor
Model List(http://nij.gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American-
made.The latest Nil standard information can be found here:http://www.nij.gov/topics/technology/body-armor/safety-
initiative.htm.
39. The subrecipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with
JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed
certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body
armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by
the agency for body armor.There are no requirements regarding the nature of the policy other than it be a mandatory
wear policy for all uniformed officers while on duty.
40. The subrecipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
OMB circulars,and guidelines,including the DOJ Financial Guide,and to include the applicable conditions of this
award in any subaward.The subrecipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrecipients.The subrecipient agrees to submit,upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
41. The subrecipient agrees that funds received under this award will not be used to supplant State or local funds,but will be
used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law
enforcement activities.
42. Award subrecipients must submit quarterly Federal Financial Reports(SF425)and semi-annual performance reports
through GMS(https://grants.ojp.u%doj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA).P.L. 103-62,applicants who receive funding under this solicitation must
provide data that measure the results of their work. Therefore,quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements,refer to the JAG reporting requirements wcbpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future I ligh Risk
designation.
41 Any law enforcement agency receiving direct or sub-awarded JAG funding must submit quarterly accountability
metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-escalation of
conflict.and constructive engagement with the public.
44. BJA strongly encourages the subrecipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to your My BJA account at https://www.bja.gov/Login,aspx to access the Success Story Submission form.
If you do not yet have a My BJA account,please register at hops://www.bja.gov/profile.aspx.Once you register,one of
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the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a
Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web
page at https:i/www.bja.gov/SuccessStoryl_.ist.aspx.
45. Subrecipient understands and agrees that award funds may not be used Ibr items that are listed on the Controlled
Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without
explicit written prior approval from BJA.The Controlled Expenditure List,and instructions on how to request approval
for purchase or acquisitions may be accessed here:https://www.bja,gov/funding/JAGControllcdPtirchasel,ist.pdf
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ON FURNt 40002(Kt ;-NN)
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PROJECT NUMBER 2016-DYnX-0768 AWARD DATE 0822/2016
SPECIAL CONDITIONS
46. The subrecipient understands that,pursuant to recommendation 2.1 of Executive Order 13688,law enforcement agencies
that acquire controlled equipment through Federal programs must adopt robust and specific written policies and
protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing
Standards includes policies on(a)Community Policing;(b)Constitutional Policing;and(c)Community Input and
Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to(a)
Appropriate Use of Controlled Equipment;(b)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and
Accountability;and(e)Transparency and Notice Considerations.Upon OJP's request,the subrecipient agrees to provide
a copy of the General Policing Standards and Specific Controlled Equipment Standards,and any related policies and
protocols.
47. Subrecipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the
time of purchase or acquisition,including as the list may be amended from time to time,with award funds by an agency
will trigger a requirement that the agency collect and retain(for at least 3 years)certain information about the use of I)
any federally-acquired Controlled Equipment in the agency's inventory,and 2)any other controlled equipment in the
same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source;and
make that information available to BJA upon request. Details about what information must be collected and retained
may be accessed here:https://www.whitchouse.gov/sites/dcfault/files/does/le_equipment_wg_final_report_final.pdf
48. Subrecipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled
Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal
awards.
49. Subrecipient understands and agrees that award funds may not be used for items that are listed on the Prohibited
Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time.The
Prohibited Expenditure list may be accessed here:https://www.bja.gov/funding/JAGControlledPurchaseList.pdf.
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50. Subrecipient understands and agrees that,notwithstanding 2 CFR§200.313,no equipment listed on the Controlled
Expenditure List that is purchased under this award may be transferred or sold to a third party,except as described
below:
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a.Agencies may transter or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement
Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will
be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the
initial purchase of items on the Controlled Expenditure List.
b.Agencies may not transfer or sell any riot helmets or riot shields purchased under this award.
c.Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the
exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or
sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other
sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be
removed prior to transfer or sale.
Subrecipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure
List purchased under this award,and to abide by any applicable laws and regulations in such disposal.
51. The subrecipient may not expend or draw down any funds under this award until it has submitted to the Bureau of Justice
Assistance(BJA)the required certification related to its body-worn camera policies and procedures and a Grant
Adjustment Notice has been issued removing this special condition.
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52. Subrecipient may not expend or draw-down funds until the Bureau of Justice Assistance,Office of Justice Programs has
reviewed and issued a Grant Adjustment Notice(GAN)approving the subrecipient's request to utilize grant funds to
purchase or acquire items that are listed on the Controlled Expenditure List. The Controlled Expenditure List,and
instructions on how to request approval for purchase or acquisitions may be accessed here:
https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
53. Subrecipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has
received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has
issued a Grant Adjustment Notice(GAN)releasing this special condition.
54. The subrecipient may not expend or draw down any award funds until:(1)it has provided to the grant manager for this
OJP award either an"applicant disclosure of pending applications"for federal funding or a specific affirmative
statement that no such pending applications(whether direct or indirect)exist,in accordance with the detailed
instructions in the program solicitation,(2)OJP has completed its review of the information provided and of any
supplemental information it may request,(3)the subrecipient has made any adjustments to the award that OJP may require
to prevent or eliminate any inappropriate duplication of funding(e.g.,budget modification,project scope adjustment),
(4)if appropriate adjustments to a discretionary award cannot be made,the subrecipient has agreed in writing to any
necessary reduction of the award amount in any amount sufficient to prevent duplication(as determined by OJP),and
(5)a Grant Adjustment Notice has been issued removing this special condition.
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55. Subrecipient integrity and performance matters: Requirement to report information on certain civil,criminal,and
administrative proceedings to SAM and FAPIIS
The subrecipient 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 OJP award or
any other grant,cooperative agreement,or procurement contract from the federal government. Under certain
circumstances,subrecipients 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 subrecipient 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 http://ojp.gov/funding/FAPIIS.htm(Award condition:
Recipient Integrity and Performance Matters.including Recipient Reporting to FAPIIS),and are incorporated by
reference here.
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County of San Bernardino
Law and Justice Group Iq
County of San Bernardino
Grant Award/Sub-Award Process: When the Law and Justice Group (Recipient) has been notified that it has been
awarded a grant, a Board Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors
(BOS) for approval. Where there is a sub-award to be granted, a Sub-Award Agreement will be approved by the BOS
and the subrecipient. The appropriate officials will sign the sub-award documents. The Sub-Award Agreement will
identify the Federal award information and applicable compliance requirements, including applicable special conditions
for each Federal sub-award. The Sub-Award Agreement will include the Grant Award Number, Award Date, Catalog
of Federal Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable
Special Conditions for the sub-award. The Law and Justice Group's Subrecipient Monitoring Procedures will be
included in the Sub-Award Agreement.
Grant Revenue: When notified that a grant award has been made,the Grant Coordinator requests a budget code for the
grant award from the Auditor-Controller/Treasurer/Tax Collector(ATC), and submits appropriate budget documents for
the Board of Supervisors approval. Once the budget is established,the Grant Coordinator requests a drawdown of grant
funds and deposits the funds into the applicable special revenue fund. Time frames for the drawdown requests will be
accomplished in accordance with award requirements specified by the awarding agency. The Grant Coordinator
maintains a record of revenues requested and received and reconciles the account.
Disbursement of Funds to Subrecipients: When disbursing sub-award funds to subrecipients, the Grant Coordinator
will prepare the appropriate FAS (Financial Accounting System)payment document. The payment document is given to
the Chair of the Law and Justice Group for review and approval. The ATC processes payments and disbursement of
funds.
To notify subrecipients of the Federal award number, CFDA (Catalog of Federal Domestic Assistance) number, and the
amount of Federal funds at the time of the disbursement of funds,the following steps will be followed:
1) The "Comments" 96-character field in FAS payment documents will be used to list the Federal award number,
CDFA number, and the amount of Federal funds. The Basic FAS 2004 manual (2/19/04), page 69, states
"Comments (optional-this info appears on the remittance advice)." Information entered into this field will appear
on the remittance advice of manual warrants and in the notification email of EFT payments, satisfying the
requirement for notifying recipients at time of disbursement.
2) A memo detailing the required Federal information will be included when mailing out the warrant if departments
need to pick up the warrants from ATC-Accounts Payable using Will Call.
3) An e-mail will be sent to subrecipients at the time of disbursement identifying the payment and detailing the
required Federal information.
Subrecipient Monitoring Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations,the Uniform Grant Guidance,OMB
Circulars and guidelines, including the OJP (Office of Justice Programs) Financial Guide. The recipient will include the
applicable conditions of this award in any sub-award. The recipient is responsible for the following:
• Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes applicable
conditions of the federal award.
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Subrecipient Monitoring Procedures
County of San Bernardino
Law and Justice Group
County of San Bernardino
• Evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations and the terms and
conditions of the sub-award for purposes of determining the appropriate subrecipient monitoring procedures.
• Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to the use of
funds.
• Review financial and performance reports.
• Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies pertaining to the
Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site
monitoring visits, and other means.
• Issue a management decision for audit findings pertaining to the Federal award provided to the subrecipient from
the pass-through entity as required by 2 CFR 200.521 Management Decision.
• Verify that every subrecipient who is expected to expend $750,000 or more is audited as required by 2 CFR 200
Subpart F Audit Requirements.
• Consider whether the results of the subrecipient's audits, on-site monitoring visits or other monitoring indicate
conditions that necessitate adjustments to the pass-through entity's own records.
• Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338 Remedies.
Subrecipient Monitoring Process
On-site monitoring of grant funded projects may be conducted by the U.S. Department of Justice or County of San
Bernardino. At that time, the identified subrecipient agency will be required to provide documentation supporting
expenditures, and/or a physical review of items funded through the grant may be requested.
To ensure full compliance with this legislative mandate,all grant related documentation to include timesheets, invoices,
purchase orders, canceled checks, and contracts must be maintained in a location accessible to the person responsible
for managing the sub-award,and the agency's chief executive.
If it is determined funds are not being used for approved purposes, or if proper documentation is not maintained, the
amount in question must be returned to the U.S. Department of Justice. The subrecipient agency may also be deemed
ineligible for future federal funding.
On-Site Monitoring
The County of San Bernardino Law and Justice Group may conduct on-site monitoring. The monitoring will be based
upon performance and reported expenditure of funds. The monitoring will be based upon performance,tracked through
reports and regular correspondence. This method will ensure the subrecipient in greatest need for assistance in
managing their award is provided the necessary tools to be in full compliance with U.S. Department of Justice
requirements.
If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The staff person
responsible for managing the sub-award, the staff person assigned to managing fiscal operations, the chief executive of
the subrecipient organization, and any other applicable persons directly involved in the oversight of grant funds will be
asked to attend. Appropriate documentation will also be requested for review. During the monitoring, the following
items will be reviewed and/or discussed: invoices, timesheets, canceled checks, equipment purchased, policies and
procedures, financial status reports, performance reports and grant files.
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County of San Bernardino
Law and Justice Group
County of San Bernardino
If the subrecipient is non-compliant with award requirements, the following actions will be taken: The County of San
Bernardino will assist the subrecipient with the resolution of identified issues, a recommendation to the U.S.
Department of Justice for a federal monitoring of the sub-award will be made, future payments will be withheld until
all issues are resolved,and closer oversight of the subrecipient by San Bernardino County will be implemented.
Project Accountine and Record Keeping: Adequate control of funds received to ensure compliance with Federal and
State regulations and sub grant conditions will be accomplished. Separate records are maintained for each project to
avoid commingling of project funds with other funds.
Obligation and Expenditure of Funds: All Grant funds must be obligated by the termination date of the project.
Grant funds legally obligated by the termination date must be expended within the time frame specified within the
Grant Contract, Agreement or Sub-Award Agreement. Justice Assistance Grant(JAG) funds must be expended by the
end of the project period.
Reporting Requirements: Submission of financial reports will be accomplished in accordance with the guidelines
specified in the Grant Contract,Agreement or Sub-Award Agreement.
Subrecipient Audits—Uniform Grant Guidance and OMB Circular A-133 Compliance
Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after
December 26,2014, or with the OMB Circular A-133 for federal awards made prior to December 26,2014.
A single or program specific audit is required in any year that a government expends$750,000 or more a year in federal
awards. Both the Uniform Grant Guidance and the OMB Circular A-133 require audits to be completed and submitted
to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the
term of each grant award. As a condition of the sub-award agreement, the Law and Justice Group will require the
subrecipient to submit a copy of the audit, including any corrective action plan within 30 days from the date of
submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received
and that all audit findings have been resolved. Failure of the subrecipient to have audits performed as required may
result in the withholding of new discretionary awards and/or withholding of funds.
Project Closeout: The Grant Coordinator will schedule, monitor and ensure timely completion of all required closeout
activities and final financial reports in conformance with the guidelines required by the awarding agency.
Inventory Control: Subrecipients will maintain an inventory of equipment purchased with grant funds and submit
inventory records to the Grants Coordinator if requested. Records shall be retained for a period of three years from the
date of the disposition or replacement or transfer at the discretion of the awarding agency. As equipment or other non-
expendable property is purchased and received, it will be permanently marked, a property inventory record completed,
and the property inventory record will be made part of the permanent sub-grant file. Disposition of equipment will be
done in accordance with the awarding agency's guidelines.
2016-230
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Subrecipient Monitoring Procedures
County of San Bernardino
Law and Justice Group
County of San Bernardino
Retention Period: Project records must be maintained for the required period after the awarding agency determines
that the grantee has met all the project requirements and the project has been accepted for closeout. Records will be
maintained for a minimum of three years. The three-year retention period starts from the date of the submission of the
closure of the single audit report which covers the grant period and lasts until completion of any disputes arising prior
to the expiration of the three year period,whichever is later.
APPROVED BY:
Phyllis K. Morris,Chair
Law and Justice Group