This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of Bakersfield {hereafter referred to as the Grantee or Contractor).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The City of Bakersfield's Proposition 4 7 Grant Program proposal addresses homelessness through targeted interventions. Bakersfield, in Kern County, has a diverse population and high poverty rates, with a significant rise in homelessness, up 43.27% as of 2024 compared to prepandemic levels. The proposal aligns with proposition 4 7's goals of rehabilitation and restorative justice, focusing on three main objectives: addressing the parole to the homeless pipeline, strengthening support services, and increasing transitions to permanent housing. Key strategies include intensive case management and warm handoff reentry services for individuals with a history of mental health and substance use disorders. The project emphasizes comprehensive support through mental health services, substance use treatment, and prearrest diversion. The proposed initiative aims to address homelessness by supporting reintegration and providing individualized care, moving away from punitive measures.
8. Grantee agrees to administer the project in accordance with Attachment 1: Proposition 4 7 Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Proposition 47 Grant Program Proposal, which are attached and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
8. The Grantee's project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name:
Title:
Address:
Phone:
Email:
Christian Clegg
City Manager
1600 Truxtun Avenue, Bakersfield, CA 93301
(661) 326-3971
[email protected]
Designated Financial Officer authorized to receive warrants:
Name: Randy McKeegan
Title: Finance Director
Address: 1600 Truxtun Avenue, Bakersfield, CA 93301
Phone: (661) 326-3030
Email: [email protected]
Project Director authorized to administer the project:
Name: Anthony Valdez
Title: Assistant to the City Manager
Address: 1600 Truxtun Avenue, Bakersfield, CA 93301
Phone: (661) 326-3029
Email: [email protected]
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 City of Bakersfield
BSCC 1314-24
EXHIBIT A: SCOPE OF WORK
C. Either party may change its project representatives upon written notice to the other party.
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Proposition 47 Grant Program Request for Proposals and Attachment 2:
Proposition 47 Grant Program Proposal.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:
Quarterly Progress Report Periods
1. October 3, 2024 to December 31, 2024
2. January 1, 2025 to March 31, 2025
3. April 1, 2025 to June 30, 2025
4. July 1, 2025 to September 30, 2025
5. October 1, 2025 to December 31, 2025
6. January 1, 2026 to March 31, 2026
7. April 1, 2026 to June 30, 2026
8. July 1, 2026 to September 30, 2026
9. October 1, 2026 to December 31, 2026
10. January 1, 2027 to March 31, 2027
11. April 1, 2027 to June 30, 2027
12. July 1, 2027 to September 30, 2027
13. October 1, 2027 to December 31, 2027
14. January 1, 2028 to March 31, 2028
Due no later than:
February 15, 2025
May 15, 2025
August15,2025
November 15, 2025
February 15, 2026
May 15, 2026
August 15, 2026
November 15, 2026
February 15, 2027
May 15, 2027
August15,2027
November 15, 2027
February 15, 2028
May 15, 2028
Note: Project activity period ends March 31, 2028. The period of April 1, 2028 to June 30, 2028 is for completion of Final Local Evaluation Report and financial audit only.
B. Evaluation Documents
1. Local Evaluation Plan
2. Final Local Evaluation Report
C. Other
Financial Audit Report
6. PROJECT RECORDS
Due no later than:
March 31, 2025
June 30, 2028
Due no later than:
June 30, 2028
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT A: SCOPE OF WORK
City of Bakersfield
BSCC 1314-24
Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee's principal office, a written index of the location of records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Proposition 47 Grant Program Scoring Panel Roster (see Appendix A) from receiving funds from the Proposition 47 Grant Program grants awarded under this RFP, except under authorized conditions, approved by BSCC. Applicants who are awarded grants under this RFP are responsible for reviewing the Proposition 47 Grant Program Scoring Panel Roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the scoring panel.
B. In cases of an actual conflict of interest with a scoring panelist, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, June 30, 2028. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county's or city's project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05
1. City of Bakersfield
BSCC 1314-24
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. October 3, 2024 to December 31, 2024 February 15, 2025
2. January 1, 2025 to March 31, 2025 May 15, 2025
3. April 1, 2025 to June 30, 2025 August15,2025
4. July 1, 2025 to September 30, 2025 November 15, 2025
5. October 1, 2025 to December 31, 2025 February 15, 2026
6. January 1, 2026 to March 31, 2026 May 15, 2026
7. April 1, 2026 to June 30, 2026 August 15, 2026
8. July 1, 2026 to September 30, 2026 November 15, 2026
9. October 1, 2026 to December 31, 2026 January 15, 2027
10. January 1, 2027 to March 31, 2027 May 15, 2027
11 _ April 1, 2027 to June 30, 2027 August 15, 2027
12. July 1, 2027 to September 30, 2027 November 15, 2027
13. October 1, 2027 to December 31, 2027 February 15, 2028
14. January 1, 2028 to March 31, 2028 May 15, 2028
Final Invoicing Period*: Due no later than:
14. April 1, 2028 to June 30, 2028 August15,2028
*Note: Only expenditures associated with completion of the Final Local Evaluation Report and the financial audit may be included on these last two invoices.
B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, March 31, 2028, and included on the invoice due May 15, 2028. Project expenditures incurred after March 31, 2028 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by June 30, 2028. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of April 1, 2028 to June 30, 2028 must be submitted during the Final Invoicing Period(s), with the final invoice due on August 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. The financial audit is due to BSCC by June 30, 2028. Expenditures incurred for the completion of the financial audit during the period of April 1, 2028 to June 30, 2028 must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2028 Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
F. Upon the BSCC's request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT B: BUDGET DETAIL ANO PAYMENT PROVISIONS
2. GRANT AMOUNT AND LIMITATION
City of Bakersfield
BSCC 1314-24
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.
Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid and enforceable only if sufficient funds are made available through the annual transfer of savings generated by Proposition 4 7 from the General Fund to the Safe Neighborhoods and Schools Fund and subsequent transfer from the Safe Neighborhoods and Schools Fund to the Second Chance Fund. (Gov. Code, § 7599.1 & Pen. Code, § 6046.2.) On or before July 31st of each fiscal year the Department of Finance will calculate the state savings associated with Proposition 4 7 and certify the calculation to the State Controller who shall transfer those funds to the Safe Neighborhoods and Schools Fund. (Gov. Code,§ 7599.1.) The grantee agrees that the BSCC's obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding transferred to the Safe Neighborhoods and Schools Fund and subsequent transfer to the Second Chance Fund.
B. If Proposition 47 funding is reduced or falls below estimates contained within the Proposition 47 Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(8), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. "Eligible" and "ineligible" project costs are set forth in the July 2023 BSCC Grant Administration Guide.
B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.
To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.
C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 City of Bakersfield
BSCC 1314-24
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
recoupment of monies provided under this granter suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5% ), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC's Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
7. EXECUTIVE ORDER N-6-22- RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
Docusign Envelope ID: 27D67330-8342-8F8E-8072-C93CFCD77C05 EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
8. PROJECT BUDGET
1. Salaries and Benefits $303,624 $192,185
2. Services and Supplies $0 $0
3. Professional Services or Public $0 $0 Agency Subcontracts
4. Non-Governmental Organization
(NGO) Subcontracts $1 ,489,950 $1 ,950,000
(minimum 50%)
5. Project Evaluation and Monitoring
[minimum 5% (or $50,000, whichever $102,500 $0 is greater) but not more than 10% of total requested funds]
6. Equipment/Fixed Assets $25,000 $0
7. Compliance Audit (must not exceed $0 $50,000 $25,000 in grant funds)
8. Other (Travel, Training, etc.) $78,300 $0
9. Indirect Costs (may not exceed 10% $0 $0 of grant award) TOTAL $1,999,374 $2,192,185
City of Bakersfield
BSCC 1314-24
$495,809
$0
$0
$3,439,950
$102,500
$25,000
$50,000
$78,300
$0
$4,191,559
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 City of Bakersfield
BSCC 1314-24
APPENDIX A: PROPOSITION 47 GRANT PROGRAM SCORING PANEL ROSTER 1 Edgar Campos
2 Efrat Sharony
3 Ellen McDonnell
4 Jennifer Jennison
5 Jon Trochez
6 Mack Jenkins
7 Mary Green
8 Rachel Katz
Chief Advancement Officer/ LA Promise Fund
Criminal Justice Advocate & Consultant
Public Defender I Contra Costa Public Defenders
Chief Deputy Public Defender I Stanislaus County
Public Defender
Administrative Deputy / LA County Public
Defender
Chief of the Criminal Division / U.S Attorney's
Office Central District of California
Chief Investigator/ Placer County District Attorney
Finance & Administration Director I California
Pan-Ethnic Health Network
Docusign Envelope ID: 27D67330-8342-8F8E-8072-C93CFCD77C05 Appendix B: Criteria for Non-Governmental Organizations Receiving BSCC Grant Subawards
Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal.
Instructions: The form on the following page must be submitted with the proposal even if there are no plans to subcontract at the time of submission, or if the name of the subcontract party is unknown. In either of these cases, the applicant should write "N/A" in the Name of Subcontracted Party column and complete the signature box. A signature on this form provides an assurance to BSCC that the signing authority has read and acknowledged these terms.
The Proposition 4 7 Request for Proposals (RFP) includes requirements that apply to nongovernmental organizations (NGOs)1 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving any Proposition 47 funds. The RFP describes these requirements as follows:
Any non-governmental organization that receives Proposition 47 grant funds (as either a direct grantee, subgrantee, or subcontractor) must: •
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its Proposition 47 Grant Agreement with the BSCC or with the start date of the grantee's subcontract agreement;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the Grant Agreement with the BSCC or the start date of the grantee's subcontract agreement;
• Be registered with the California Secretary of State's Office, if applicable; • Be registered with the California Office of the Attorney General, Registry of Charitable Trusts, if applicable;
• Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens; and
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.
Completing the NGO Assurance (next page)
1. Provide the name of the Applicant Agency (the Grantee).
2. List all contracted parties (if known*).
3. Check Yes or No to indicate if each contracted part meets the requirements.
4. Sign and submit with the proposal.
*Note: If the name of the contracted part is unknown, write TBD in the "Name of Contracted Party" field and sign the document.
In addition to the administrative criteria listed above, any non-governmental, community-based organization that receives Proposition 47 grant funds must have a proven track record working with the target population and the capacity to support data collection and evaluation efforts. 1 Non-Governmental Organizations (NGOs) include community-based organizations, faith-based organizations, non-profit organizations/501 (c)(3)s, for profit service providers, evaluators (~x~ept government institutions such as universities), grant management companies and any other non-governmental agency or md1v1dual.
NOTE: These criteria do not apply to government organizations (e.g., counties. cities, school districts, etc.).
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 ~a:@g·asi.tio~. ~7l ~ri~nt Jer,e~g)iam
.. -.•· ., No1i1JS'ov:ert11tn·e.ntal 0 11ganizafian ~ssurran_c~s -. • -+ ~ -~r ~--• .... .. - Name of Applicant: City of Bakersfield
Nijme .of Sub~ontracted Party Address Email/Phone Meets All Req_uirements
TSO (Intensive Case TSO TSO Yes □ No □ Management)
TSO (Warm Handoff and TSO TSO Yes □ No □ Reentry Services) Yes □ No □
Yes □ No □
Yes □ No □
Yes □ No □
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Proposition 47 RFP. These records will be subject to the records and retention language found in the Standard Agreement. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met. enj.
NAME OF AUTHORIZED OFF ER DDRESS
Anthony Valdez
STREET ADDRESS
1600 Truxtun
Flood
X
Assistant to the City
Manager
CITY
Bakersfield
661-326-3029
STATE
CA
DATE
6/10/24
ZIP CODE
93301
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
City of Bakersfield
BSCC 1314-24
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205}.
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
City of Bakersfield
BSCC 1314-24
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, § 11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
City of Bakersfield
BSCC 1314-24
at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
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Page4 of4
percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code§ 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e}.)
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1. GRANTEE'S GENERAL RESPONSIBILITY
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A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee's responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1:
Proposition 47 Grant Program Request for Proposals and Attachment 2: Proposition 47 Grant Program Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.
8. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Proposition 47 Grant Program Request for Proposal and Attachment 2: Proposition 47 Grant Program Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee's agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the 8SCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Proposition 47 RFP and described in Appendix 8.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee's subcontractors to:
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1 ) Books and Records
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Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor's work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller's Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.
B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT D: SPECIAL TERMS AND CONDITIONS
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BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement {Required as Attachment E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: Proposition 47 Grant Program Request for Proposal and Attachment 2: Proposition 47 Grant Program Proposal.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1 ) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:
Proposition 47 Grant Program Request for Proposal and Attachment 2: Proposition 47 Grant Program Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee's written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee's written demand invoking this Section "Disputes" to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee's demand, it shall be deemed a decision adverse to the Grantee's contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 EXHIBIT D: SPECIAL TERMS AND CONDITIONS
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(or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee's administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee's failure to diligently proceed in accordance with the State's instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee's appeal for a final decision, it shall be deemed a final decision adverse to the Grantee's contentions. The State's final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.
9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.
10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 BSCC
Title
Powered by Submittable D
City of Bakersfield
by Juan Heredia in Proposition 47 Grant Program,
Cohort 4 - Request for Proposals
[email protected]
06/10/2024
id. 46740775
Original Submission 06/10/2024
Score
Proposition 4 7
SUBMITTING A
PROPOSAL FOR
PROPOSITION 4 7
GRANT FUNDS
CONFIDENTIALITY
NOTICE:
11/a
checked
The Proposition 47, Safe Neighborhoods and Schools Act Grant Program, Request for Proposals is divided into four sections: Applicant Information, Project Title and Project Summary Proposal Narrative and Budget (with key Attachments) Key Project Contacts Other Attachments: Mandatory and Optional Each section has fields that require a response. Applicants will be prompted to provide written text, numerical input, radial button choices, and upload attachments. Documents in Word, Excel, and/or PDF are allowable formats for upload attachments. Some responses requiring narrative text input have a limited number of allowable characters for those fields. If a character limit has been enabled for a specific response field, a character counter will display the number of characters allowed and will then show the number of characters remaining as text is entered into the response field.
Character limits include all text, punctuation, and spaces. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit." Applicants may start and stop their application, as needed, during the solicitation period. However, to save the information entered into the BSCC-Submittable Application, applicants must select "Save Draft" at the bottom of the application before existing.
Applicants are prohibited from submitting the Proposition 47, Safe Neighborhoods and Schools Act Grant Program application until all mandatory fields are completed (those with a red asterisk), character limits are in compliance, and required documents have been uploaded. Applicants should read the Proposition 47, Safe Neighborhoods and Schools Act RFP Instruction Packet prior to completing this application process. The RFP Instruction Packet contains all the necessary information to successfully complete and submit the Proposition 47, Safe Neighborhoods and Schools Act application. This document can be found at:
https://www.bscc.ca.gov/s_bsccprop47/
All documents submitted as a part of the Proposition 47, Safe Neighborhoods and Schools Act Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.) Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05
APPLICANT
INFORMATION,
PROJECT TITLE
AND PROJECT
SUMMARY
Name of Applicant
Tax Identification
Number
Applicant's Physical
Address
Applicant's Mailing
Address (if different
than physical
address)
Mailing Address For
Reimbursement
Payments
Project litle
Project Summary
This section requires information about the applicant and the proposed project.
City of Bakersfield
956000672
1600 Truxtun Ave
Bakersfield
California
93301
us
35.37366
-119.02062
1600 Truxtun Avenue
Bakersfield
California
93301
us
35.37366
-119.02062
1600 T ruxtun Avenue
Bakersfield
California
93301
us
35.37366
-119.02062
Bakersfield Homeless Services and Prevention Initiative The City of Bakersfield's Proposition 47 Grant Program proposal addresses homelessness through targeted interventions. Bakersfield, in Kern County, has a diverse population and high poverty rates, with a significant rise in homelessness, up 43.27% as of 2024 compared to prepandemic levels. The proposal aligns with Proposition 47's goals of rehabilitation and restorative justice, focusing on three main objectives:
addressing the parole to homeless pipeline, strengthening support services, and increasing transitions to permanent housing. Key strategies include intensive case management and warm handoff reentry services for individuals with a history of mental health and substance use disorders.
The project emphasizes comprehensive support through mental health services, substance use treatment, and pre-arrest diversion. The proposed initiative aims to address homelessness by supporting reintegration and providing individualized care, moving away from punitive measures.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05
PROJECT
NARRATIVE AND
BUDGET
Section 1. Project
Need
Complete the following sections: Section 1. Project Need Section 2.
Community Engagement Including: Proposition 47 Local Advisory Committee Membership Roster (Attachment E) and Proposition 4 7 Local Advisory Committee Letter(s) of Agreement (Attachment F) Section 3.
Project Description Including : Proposition 4 7 Project Work Plan (Attachment H) Section 4. Project Evaluation and Monitoring Section 5:
Project Budget Attachment (Project Budget Table and Budget Narrative} The required attachments are stand-alone documents available on the BSCC Proposition 47 Homepage: https://www.bscc.ca.gov/s_bsccprop47/ . Download, complete, and upload where prompted.
Bakersfield, located in Kem County, is the ninth largest city in the state of California, with a total population of 403,455 according to the 2020 U.S.
Census data. The community is diverse, with 51.1 % of residents identifying as Hispanic or Latino, 31.4% of residents identifying as White, 7.4% of residents identifying as Black or African American, and 7.3% of residents identifying as Asian. Bakersfield has historically struggled with chronically high poverty rates, with 16.5% of residents living below the federal poverty line and a per capita income of just $31,892 (well below the state average of $45,591).
The City of Bakersfield is grappling with a sharp increase in the local homeless population. In 2023 the City's unsheltered homeless population surpassed its pre-pandemic mark, and then increased by 43.27% between the 2023 and 2024 PIT counts. The 2024 Point-in-lime (PIT} Count measured the City of Bakersfield's unsheltered homeless population at 1,202. This accounts for 72.28% of Kem County's total unsheltered population. Analysis of local Homeless Management Information System (HMIS) data shows that the number of households being served by Kem County's homeless system of care increased by 40.35% from 2018 to 2022-demonstrating a long-term trend. In 2022, the HMIS tallied a total of 4,876 households in Kem County that were served by the local homeless system of care.
To support local efforts to respond to this dramatic increase in homelessness, the City of Bakersfield funded the development of a Homeless Strategic Action Plan. Development of the Action Plan was spearheaded by the Bakersfield-Kem Regional Homeless Collaborative, the organization that serves as the local Continuum of Care, and a stakeholder committee representing homeless service organizations in Kern County. Recently finalized and adopted in May 2024, the Action Plan plan outlines three overarching goals for the county's efforts to address homelessness: (1) reducing the number of people and families flowing into the homeless system of care; (2} strengthening services to support the people and families who do experience homelessness; and (3) increasing the number of people and families who exit the homeless system of care to permanent and stable housing arrangements.
Additionally, the City of Bakersfield is making additional investments to strengthen local capacity to address homelessness by funding the construction of two brand new homeless shelters, creating 528 new shelter beds since 2018 (with another 250 beds in the pipeline}, placing Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 psychiatrists in all four homeless shelters located in the City, launching a Mental Health Call Diversion Program to resolve mental health-related calls for service without law enforcement involvement, creating the Community Vitality Unit at the Bakersfield Police Department to centralize the City's homeless response, and creating an Affordable Housing Trust Fund to support the development of new affordable units in Bakersfield. Despite the progress being made in Bakersfield to expand the local homeless system of care, there are still outstanding service gaps that require additional funding.
This proposal seeks to address two significant gaps in the current homeless system of care. The first service gap is a lack of resources to provide intensive and targeted case management services that are necessary to provide support for the chronically homeless population with substance use and/or behavioral health disorders that drive a significant portion of calls for service in the area. In March 2024, the Bakersfield Police Department's Community Vitality Unit (CW) responded to 752 calls for service and handled an average of 162 unique contacts with homeless individuals per week. The Community Vitality Unit offers homeless individuals the opportunity to participate in services as a form of pre-arrest diversion. Homeless street outreach and family reunification services are provided by Flood Ministries, a local nonprofit that has been working with the homeless population in Bakersfield since 2008. For intensive case management services, the target population includes homeless individuals with mental health, substance abuse, or co-occurring issues with a priority given to individuals willing to participate in services that have been the subject of multiple calls for service. Over the past six months, an average of 36 homeless individuals were booked multiple times each month. This stat is regularly reported by the Bakersfield Police Department on a monthly basis.
The second gap in service is the lack of funding to sustain warm handoff and reentry services for parolees in Kem County. In recent years, Kern County has grappled with an influx of parolees being routed to the region by the California Department of Corrections and Rehabilitation (CDCR). In 2023, 523 individuals were paroled to Kern County. Based on anecdotal reports from Reentry Workers supporting this population, many of these individuals reportedly have no previous connection to the area which places them at a high risk of becoming homeless without proper support in place. For reentry services, the target population is parolees being released into Kern County by CDCR that have a history of mental health, substance use, or co-occurring issues.
Results from the 2024 PIT Count show a significant overrepresentation of African Americans in Kern County's homeless population, with 15.3% of the homeless population identified in the 2024 PIT Count as African American compared to 6.3% of the county's total population. To address the needs of underserved populations in the community, the City of Bakersfield will implement targeted outreach and service strategies specifically designed to mitigate disparities based on race, ethnicity, gender, sexual orientation, and immigration status. The program will incorporate cultural competency training for all staff members to ensure services are delivered with sensitivity and respect for diverse backgrounds. Specialized outreach efforts will be conducted to engage communities disproportionately affected Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Section 2.
Community
Engagement
by homelessness and the criminal justice system, including communities of color and LGBTQ+ individuals. Additionally, partnerships with local organizations serving immigrant populations will facilitate access to services for those with varied immigration statuses. By prioritizing these efforts, the City of Bakersfield aims to provide inclusive and empowering services that address the unique needs of all underserved populations within the community.
The Proposition 47 grant requires all applicants to incorporate mental health services, substance use disorder treatment, diversion programs, or some combination thereof, in alignment with the intent of Proposition 47 which is to shift away from penalizing mental illness and addiction to instead focus on rehabilitation and restorative justice. In June 2023, the Benioff Homeless and Housing Initiatives at the University of San Francisco (UCSF) published a comprehensive statewide study of people experiencing homelessness titled "Towards a New Understanding." UCSF's research found that 19% of participants surveyed entered homelessness directly from an institutional setting, and only 14% of those returning from prison received support to find housing. These findings establish a clear pathway from incarceration to homelessness. The research also delved into the topics of mental health conditions and substance use. 29% of participants surveyed reported using illicit drugs in the six months prior to becoming homeless. Half of the participants reported experiencing significant depression or anxiety in that timeframe. The report also found that 40% of California's homeless population experiencing a current mental health condition reported regular illicit drug or heavy alcohol use.
The proposed target population supports the goals of Proposition 4 7 by supporting successful reintegration for parolees who have been impacted by the justice system and by deploying a high touch, hands-on intensive case management model to rehabilitate and reintegrate homeless individuals that are suffering from mental illness and addiction. In doing so, the City of Bakersfield seeks to address the local homelessness crisis by embracing wrap-around services and individualized support that treats the needs of the whole person rather than defaulting to punitive measures and incarceration.
The proposed project activities align with the goals and objectives outlined in the Kern County Homeless Strategic Action Plan. The Action Plan was closely vetted and revised based on feedback from the Collaborative's 17 subcommittees. To provide oversight of local Proposition 47 Grant implementation efforts, the City of Bakersfield will form a Local Advisory Committee that includes the Bakersfield-Kern Regional Homeless Collaborative's Executive Board, the City's Referral Network, and community member representatives.
The Bakersfield-Kern Regional Homeless Collaborative includes 44 public and nonprofit service agencies with an Executive Board that is composed of nine members, four of which are elected by organizations that participate in the collaborative. Members of the Executive Board will serve on the Local Advisory Committee. Leveraging the Collaborative's democratic process to support the Local Advisory Committee ensures a fair process for organizations who wish to participate. Organizations represented will Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 include:
The Mission at Kem County: Established in 1952, The Mission at Kem County provides emergency shelter, hot meals, education, clothing, hygiene, counseling, health care clinics, and life management services to Kem County's homeless population. The Mission at Kem County is represented by Carlos Baldovinos, the organization's 13-year Executive Director.
Kem Health Systems: Kem Health Systems is the largest health plan in Kem County dedicated to improving the health status of members through an integrated managed health care delivery system. Kern Health Systems is represented by Chief Health Equity Officer Trace Matthews.
Community Action Partnership Kern (CAPK): Since 1965, CAPK has been working as the official anti-poverty agency for Kern County serving nearly 100,000 clients annually. CAPK assists low-income residents achieve selfsufficiency. CAPK currently serves as the reentry services provider for Kern County. CAPK is represented by Rebecca Moreno, a seasoned social work professional and native of nearby Weedpatch, CA who grew up as the daughter of farmworkers.
Kern Behavioral Health and Recovery Services (BHRS): Kern BHRS is the county-level human services agency serving residents in Kern County.
Services provided by BHRS include medical services, rental assistance, correctional behavioral health, assisted outpatient treatment, naloxone distribution, children's medical services, the 988 crisis hotline, mobile crisis response, and managed care. BHRS is represented by Behavioral Health Director Allison Burrowes, with 22 years of experience working at the agency.
Women's Center - High Desert: Womens Center- High Desert is a nonprofit organization providing a network of services relating to domestic violence, sexual assault, and human trafficking for East Kern county and surrounding counties. The Women's Center is represented by Executive Director Carol Beecroft.
Kern County Administrative Office: The County Administrative Office (CAO) plays a central role in the governance and administrative operations of Kern County and reports directly to the Kern County Board of Supervisors.
The CAO is represented by Chief Operations Officer Stacy Kuwahara, a native of Bakersfield who has worked for the county since 2008 who formerly served as the Director of Kern Behavioral Health and Recovery Services.
The Open Door Network {ODN): The Open Door Network serves those whose lives have been, or could be, impacted by homelessness, domestic violence, sexual assault, child abuse, and human trafficking. ODN is the only shelter in Kern County that serves homeless families with children and specializes in sheltering women. The Open Door Network is represented by Chief Executive Officer Lauren Skidmore.
The City of Bakersfield organizes weekly meetings of the Referral Network, Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 a group that consists of the City and its contracted homeless service providers, to support on-the-ground efforts to address homelessness. The Network consists of representatives from the City Manager's Office City, Bakersfield Police Department, Code Enforcement, Park Rangers, Brundage Lane Navigation Center Exec Director (lived experience), Flood Ministries (faith-based), County Mental Health Deputy Director, Kern Medical (educational institution).
Flood Ministries: Flood Ministries, a 501 (c)(3) non-profit social service agency formed in 2008, is dedicated to intervening in the lives of the deeply impoverished individuals experiencing homelessness to help them navigate available community resources to improve their quality of life.
Flood has identified mental health, substance abuse ,and whole person care services as critical to achieving the goal of reducing homelessness.
Flood Ministries is represented by Executive Director Jim Wheeler.
Mercy House: Mercy House, founded in 1988, is a homeless service provider based in Southern California. This non-profit 501 (c)(3) organization is contracted to operate the Brundage Lane Navigation Center. The Director of the Brundage Lane Navigation Center has lived experience as being formerly homeless. Mercy House is represented by Kern County Regional Director Theo Dues who has lived experience.
Kern Medical: Serving the community since its founding in 1867, Kern Medical provides inpatient psychiatric services that are integrated with county mental health programs and supports a growing network of outpatient clinics. Kern Medical is represented by Special Projects Manager Ojay McKendry.
The Local Advisory Committee will include three seats for community member representatives. These representatives will be selected through an open process that allows any Bakersfield resident to apply. Members of the Local Advisory Committee will vote to appoint community representatives from the pool of applicants for the duration of the three-year grant performance period. In the event of a resignation, the vacancy will be filled using the same open and transparent process.
The Local Advisory Committee will meet on a quarterly basis to receive updates on program implementation and provide feedback on strategies and services being funded through the grant. Meetings of the Local Advisory Committee will be publicly noticed in accordance with the requirements of the Brown Act. Noticing of meetings and public posting of agendas and meeting materials online will be coordinated by the Bakersfield City Manager's Office.
Proposition 47 Local Advisory Committee Membership Roster (Attachment E) Attachment-D_Local-Advisory-Committee-Membership-Roster.docx Proposition 47 Local Advisory Committee Letter(s) of Agreement (Attachment F) Letters_of_Commitment.pdf
Section 3. Project The goals and activities outlined in this proposal directly align with the Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Description Homeless Strategic Action Plan, addressing the Plan's overarching goals to reduce inflow, strengthen supportive services, and increase outflow from the homeless system of care. Upon execution of the grant award agreement, the City of Bakersfield will immediately issue a competitive Request for Proposals (RFP) for intensive case management and reentry services and invite qualified non-governmental organizations throughout the Central Valley to apply. Nonprofits will be able to apply to perform one or both of the requested service categories, and services may be contracted using either a single vendor or two separate vendors based on the results of the RFP.
Goal 1: Reduce the number of justice-impacted individuals that enter homeless system of care.
The City of Bakersfield will use Proposition 47 funds for reentry services supporting individuals being paroled to Kem County by CDCR who have a history of mental health, substance use, or co-occurring issues. The Warm Handoff and Reentry Services Program will use a multi-modal intervention strategy targeting known risk factors for homelessness and recidivism, including housing stability, employment, and mental health. Case Managers will use a strengths-based approach model that addresses immediate needs upon release and facilitates personal change to ensure selfsufficiency upon program exit. Active case management service will be provided for a period of 12 months, and an additional 12 months of aftercare follow-up with periodic contact. Two Case Managers will maintain caseloads of 35 active individuals. An additional 0.5 FTE Case Manager position will be dedicated to focus on individuals with low needs and providing after-care support. This will expand capacity by allowing the Case Managers to focus specifically on their active clients. Over the three year performance period, the City anticipates serving 600 individuals through warm handoff and reentry services.
Goal 2: Strengthen supportive services for justice-impacted individuals that suffer from homelessness.
The City of Bakersfield will use Proposition 47 funds to provide intensive case management services for homeless individuals with mental health, substance abuse, or co-occurring issues with a priority given to individuals willing to participate in services that have been the subject of multiple calls for service. Intensive case management is a client-centered, highly personalized, and high-touch approach to support individuals with complex needs. Under the intensive case management model, dedicated case managers work closely with a small caseload of clients. The proposed program will maintain a caseload of 15 clients per case manager, with a total of three Case Manager positions. Case Managers will provide intensive case management to each individual for up to 12 months, with an additional 12 months of periodic check-ins to provide after-care support.
Immediate contact will be made with the client once assigned and the Case Manager will have an in-person connection with each new client within 48 hours. If an individual is making progress but still requires a high touch approach at the 12 month mark, intensive case management services may be extended for an additional 6 months on a case-by-case basis. Over the three year performance period, the City anticipates providing intensive Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 case management for 135 individuals.
Goal 3: Reduce the number of justice-impacted individuals who are homeless.
The City of Bakersfield adheres to the Housing First model, which prioritizes placement in housing as the first primary goal of supportive service delivery. To accomplish this goal, the proposed budget includes funding to hire a 1 FTE Housing Navigator position. Funds for this position may be split accordingly between two service providers, if two separate providers are selected based on the results of the RFP process. The Housing Navigator will work with clients being served through the intensive case management and reentry programs to facilitate successful placement into bridge housing, transitional housing, and permanent housing.
Currently, there are five (5) beds set aside at the Brundage Lane Navigation Center to support individuals referred by the Community Vitality Unit. The City of Bakersfield will set aside an additional ten (10) beds at the Navigation Center for individuals being supported by the case management services funded through the Proposition 4 7 grant, and the City will be able to leverage the existing set aside beds to support the target population based on availability. This approach deploys the Navigation Center as a bridge housing option, providing safe, short-term temporary shelter/housing while the Housing Navigator works with the client to secure a permanent housing placement.
Referral and Needs Assessment Process
Kern County's homeless system of care deploys a "no wrong door'' approach to initiating services, which allows individuals to enter the system of care through interactions with staff at homeless shelters, common community access points, 211, and street outreach. Individuals are immediately offered prevention and diversion services, shelter placements (when available}, and case management and supportive services. Then, case workers use the Vulnerability Index and Service Prioritization Decision Assistance Tool (VI-SPDAT) to assess individual risk and needs.
Use of the VI-SPDAT tool is a standardized practice county-wide. Each individual's VI-SPDAT results are then entered into the Homeless Management Information System (HMIS). Individuals identified as having a moderate or severe service need are prioritized for supportive services through the Homeless System of Care and are placed on a "By Names List" that is shared between all participating organizations in the Continuum of Care.
Dispatchers triage calls and make referrals to CVU and/or the City's contracted Street Outreach team for issues that do not require law enforcement contact. Working collaboratively with the CVU, the Flood Ministries Street Outreach Team will make referrals for intensive case management services for individuals that align with the proposed target population. Flood Ministries has an established referral system with Mercy House, the City's contracted emergency shelter operator, to facilitate shelter bed placements. This approach provides a centralized intake process for the City's homeless services. The CVU coordinates closely Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 with Flood Ministries (street outreach), Mercy House (emergency shelter operations), and Kern Behavioral Health and Recovery Services through the City's Referral Network. Case Managers providing intensive case management services will be embedded with the CW, with the Cityemployed Administrative Analyst II supervising service delivery.
Service Delivery Approach
Case Managers will develop individualized Service Plans for clients based on the results of the VI-SPDAT and work to connect individuals with local supportive services that align with their specific needs and risk factors.
This includes enrollment in social support programs such as CalFresh, Medi-Cal, and Social Security Disability Insurance (SSDI) for those who qualify; job placement and training programs; mental health and substance use treatment programs; legal assistance; immigration/naturalization legal services; clothing closets; and family reunification support. Case Managers will work with clients to obtain copies of birth certificates and other identifying documents when necessary, assist with transportation to appointments and shelter, and perform weekly check-ins with clients (with frequency decreasing as the client makes progress towards selfsufficiency).
The proposed service delivery approach will build upon the City's ongoing commitment to deploy best practices to address the underlying individual barriers that contribute to recidivism and relapse into homelessness. Case management services provided through the Brundage Lane Navigation Center, which will be used as a model for this project, incorporate strengths-based approaches, motivational interviewing, trauma-informed care, and harm reduction. These priorities will be woven into the RFP, and the City will score proposals based on the following qualifications:
The ability to provide bilingual services for the Spanish-speaking population.
A commitment to providing training for all grant-funded positions covering best practices for trauma-informed care, cultural competency, motivational interviewing, strengths-based approaches, harm reduction, and implicit bias.
Efforts to recruit people with lived experience or who are justice systemimpacted to fill positions.
Adherence to the Housing First model.
Demonstrated ability and capacity to successfully match people with services and move them into permanent housing.
Ability to provide services for people with disabilities and ensure MJA compatibility.
Integration with the Coordinated Entry System (CES) and Homeless Management Information System (HMIS).
Commitment to supporting the City's existing pre-arrest diversion model.
Ability to collect data necessary to support the Proposition 47 Grant's requirements and the Local Evaluation Plan.
Readiness to begin service provision and minimize startup time.
Alignment with Proposition 47's Guiding Principles
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Bibliography
(optional)
The proposed goals, objectives, and activities meaningfully advance the guiding principles of the Proposition 47 Grant Program by integrating rehabilitation and restorative practices into the City of Bakersfield's multipronged efforts to address homelessness. The proposed activities apply restorative justice principles by shifting the focus from punishing the homeless population to providing the opportunity to engage in supportive services as a form of pre-diversion, healing the impacted community through rehabilitation and reintegration as the homeless become formerly unhoused.
Leveraged Funding
Over the past four fiscal years, the City of Bakersfield has invested $90,526,569 in local, state, and federal funds to support its response to the homelessness crisis. For FY 23-24, 75.38% of funds spent to support the City's homelessness response efforts came from the City of Bakersfield's local Public Safety and Vital Services (PSVS) sales tax revenue. These investments include a $6,900,000 allocation of PSVS funds for land acquisition and construction of the Brundage Lane Navigation Center in FY 20-21 and an additional $6,970,263 allocation of PSVS and American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds in FY 22-23 to expand the Brundage Lane Navigation Center.
To support the successful implementation of the proposed Proposition 47 Grant activities, the City of Bakersfield will leverage the following investments funded by PSVS:
Flood Ministries Homeless Street Outreach: $300,000 per year.
Mercy House Shelter Operations: Budgeted at $6,210,264.42 for a fouryear service agreement that began in FY 23-24.
City of Bakersfield Homeless Services Staff: Budgeted at $270,000 for FY 23-24.
Proposition 47 Project Work Plan (Attachment H)
Attachment-H_Project-Work-Plan_v3.docx
Section 4. Project
Evaluation and
Monitoring
The City of Bakersfield will issue a competitive RFP to bid for project evaluation services. This RFP will be posted immediately upon execution of the grant award. To encourage bids from local vendors, the City's Administrative Analyst assigned to work on this grant will identify and reach out to points of contact at institutions of higher education located in the Central Valley. Upon execution of a contract, the independent evaluator will begin working with the City of Bakersfield and the partnered nongovernmental organizations (NGO's) to draft the Local Evaluation Plan (LEP). Once a draft is developed, it will be presented to the Local Advisory Committee (LAC) for feedback and the final draft LEP will be adopted by a vote of the LAC no later than March 2025. The LEP will serve as the framework for the evaluation, defining the project-specific data collection processes and outlining the methodology and control group for evaluating Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 the project's goals and objectives, culminating in the Local Evaluation Report that will be completed and submitted to the BSCC no later than June 30, 2028. The Administrative Analyst will be responsible for ensuring timely collection and reporting of data and coordinating with the independent evaluator.
Partnered NGO's will work with the independent evaluator to review data collection processes to ensure that necessary data points are being collected to support the LEP. The collection of client information for quarterly reporting will be integrated into the intake process. These metrics will be reported quarterly to the BSCC and will be submitted de-identified, and will include:
Age at enrollment
Gender
Race/Ethnicity
Level of education at enrollment
Employment and housing status at enrollment
Employment and housing status at completion
Prior arrests and convictions (yes/no responses)
Probation, Parole, or PRCS status at enrollment
Participation status {e.g., active participant, received one-time intervention services, exited program without completing program requirements, completed program requirements, etc.)
Number of days between program enrollment and program completion (for participants who complete program requirements)
The types of services provided
Number of days between program enrollment/services and a recidivating event (if applicable)
Whether the conviction from a recidivating event was a misdemeanor or felony (if applicable)
Identify the process and outcome measures that are quantifiable and in line . with the intent of Proposition 4 7, the proposed project, and the goals and objectives listed in the Work Plan. Recidivism, as defined by the BSCC, must be included as an outcome measure.
Process and outcome measures for the project will include:
Number of individuals enrolled in Proposition 47-funded services Number of successful referrals to supportive services
Number of individuals that received behavioral health treatment Number of individuals that received substance use treatment Number of individuals who complete participation in the program Number of individuals who exit without completing the program Number of individuals who are placed in permanent housing Length of time from enrollment to placement into temporary housing Length of time from enrollment to placement into permanent housing Number of individuals who stay housed for six months and one year after a permanent housing placement
Number of individuals who reoffend after a housing placement Number of individuals who reoffend that did not receive a housing placement or dropped out of the housing placement
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Describe the preliminary research plan for how the applicant will collect and evaluate baseline and outcome data related to the process and outcome indicators identified in 4.2. Describe a plan for entering into data sharing agreements, including agreements to obtain recidivism data.
Recidivism data will be collected and reported annually. The Administrative Analyst, working with the independent evaluator, will be responsible for coordinating with the California Department of Justice to request Criminal Justice Information System (CJIS) data for program participants to collect data for arrests and convictions. This will be achieved by completing the Standard Data Request Application, which will indicate that the requested data is required for reporting purposes of the Proposition 47 Grant through the BSCC. The evaluator will conduct bivariate analyses to identify any trends in recidivism data and, in the Final Evaluation Report, compare recidivism rates for program completers to the population of individuals who decline to participate in the services provided and the individuals who exit the program without completing. The LEP will define the appropriate parameters for measuring the control groups of individuals not receiving services and individuals who were either not placed in housing or dropped out of their housing placements to establish a baseline for the analysis to compare recidivism rates.
Section 5. Budget Attachment (Project Budget Table and Budget Narrative) Prop-4-7-Cohort-4--Budget-Attachment-FINAL.xlsx
KEY PROJECT
CONTACTS
Project Director
Project Director's
Title
Project Director's
Physical Address
Project Director's
Email Address
Project Director's
Phone Number
This sub-section requires information about the key project contact individuals that will be acting as the project administrators of the grant. This section requires names and contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Officer with signing authority.
Anthony
Valdez
Assistant to the City Manager
1600 Truxtun Avenue
Bakersfield
California
93301
us
35.37366
-119.02062
[email protected]
+16613263029
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Financial Officer
Financial Officer's
Title
Financial Officer's
Physical Address
Financial Officer's
Email Address
Financial Officer's
Phone Number
Randy
McKeegan
Finance Director
1600 Truxtun Avenue
Bakersfield
California
93301
us
35.37366
-119.02062
[email protected]
+16613263030
Day-To-Day Program Nicole
Contact Anderberg
Day-To-Day Program City of Bakersfield - Bakersfield Police Department Contact's Title and
Agency/Department/Organization
Day-To-Day Program 1600 Truxtun Avenue
Contact's Physical Bakersfield
Address California
93301
us
35.37366
-119.02062
Day-To-Day Program [email protected]
Contact's Email
Address
Day-To-Day Program +16617060495
Contact's Phone
Number
Day-To-Day Fiscal
Contact
Randy
McKeegan
Day-To-Day Fiscal Finance Director
Contact's Title with
Agency/Department/Organization
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Day-To-Day Fiscal
Contact's Physical
Address
1600 Truxtun Avenue
Bakersfield
California
93301
us
35.37366
-119.02062
Day-To-Day Fiscal [email protected]
Contact's Email
Address
Day-To-Day Fiscal +16613263030
Contact's Phone
Number
Name of Authorized Christian
Officer* Clegg
I hereby certify I am checked
vested by the
Applicant with the
authority to enter into
contract with the
BSCC, and the
grantee and any
subcontractors will
abide by the laws,
policies, and
procedures
governing this
funding.
Date of Assurance 6/10/2024
Authorized Officer's City Manager, City Manager's Office Title and
Agency/Department
Authorized Officer's
Physical Address
1600 Truxtun Avenue
Bakersfield
California
93301
us
35.37366
-119.02062
Authorized Officer's [email protected]
Email Address
Authorized Officer's +16613263971
Phone Number
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 OTHER
ATTACHMENTS:
MANDATORY AND
OPTIONAL
The following attachments are mandatory: Appendix B: Criteria for NonGovernmental Organizations Receiving BSCC Funds Appendix C:
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement The following attachment is optional at time of submission, but will be required if the grant is awarded: Attachment G:
Governing Board Resolution attachment upload is optional at Application submission. These documents are stand-alone documents available on the BSCC Proposition 47 Homepage: https://www.bscc.ca.gov/s_bsccprop47/ . Download, complete, and upload where prompted.
Appendix B: Criteria for Non-Governmental Organizations Receiving BSCC Grant Subaward 20240610 _Appendix_B_Criteria_for _Non-Governmental_ Organizations.pdf Appendix C: Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft, and Embezzlement
2024061 0_Appendix_ C_Certification_of _ Compliance_ with_BSCC _Polic.pdf Attachment G:
Governing Board
Resolution (Optional)
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Attachment D: Proposition 47 Local Advisory Committee Membership Roster Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal Lead Agency:
Individual Name Job Title
Carlos Baldovinos Executive Director
Traco Matthew Chief Health Equity
Officer
Rebecca Moreno Director of Housing and
Support Services
Carol Beecroft Executive Director
Stacy Kuwahara Chief Operations Officer
Allison Burrowes Behavioral Health
Director
Lauren Skidmore Chief Executive Officer
Jim Wheeler Executive Director
Theo Dues Kern County Regional
Manager
Ojay McKendry Special Projects Manager
Nicole Anderberg Lieutenant
Anthony Valdez Assistant to the City
Manager
David Paquette Code Enforcement
Manager
Billy Owens Park Ranger Manager
TBD Community
Representative
Aaency/Organization
The Mission at Kern County
Kern Health Systems
Community Action Partnership
Kern
Women's Center - High Deset
Ker nCounty Administrative Office
Kern Behavioral Health and
Recovery Services
The Open Door Network
Flood Ministries
Mercy House
Kern Medical* (Has been invited I
but has not yet provided a letter of
commitment)
Bakersfield Police Department
City of Bakersfield - Community
Manager's Office
City of Bakersfield - Code
Enforcement
City of Bakersfield - Park Rangers
Three will be selected through
application process.
Proposition 47 Cohort 4 RFP
Attachment D
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 .
Attachment H: Proposition 47 Project Work Plan
Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 web~ to the BSCC Submittable Application Portal.
Instructions: Applicants must complete a Project Work Plan, using the format below, that identifies measurable goals and objectives, process and outcome measures, activities and services, responsible parties for those activities and services, data sources and estimated timelines. Completed plans should (1) identify the project's top goals and objectives; (2) identify how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates, process, and outcome measures; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. The Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A minimum of one goal and corresponding objectives, process measures, etc. must be identified. (11}.'Goal: -- Reduce the number of justice-impacted individuals that enter homeless system of care. - - ' - -~..:._..;.~- ..,. ,._' ..
Objectives (A., B., etc.) Provide warm handoff and reentry services for 600 unduplicated individuals over the three-year service period for parolees being released to Kern County that have history of mental health, substance use, or co-occurring issues, with 210 receiving active case management services.
Process Measures and Outcome Measures: 1. Number of individuals exiting an institution that were served by reentry case management
2. Number of individuals that completed their participation in the program.
3. Percentage of individuals that did not reoffend.
Project activities that support the identified goal and objectives: Responsible staff/partners: nmeline Start Date End Date
Partner with a non-governmental organization (NGO) to provide reentry case management NGO selected (TBD) January 1, 2025 March 31, 2028 services to ensure a warm hand off and support reintegration into the community for parolees Administrative Analyst II released into Kern County.
The NGO will hire 2 FTE Case Manager positions to work with the target population, with caseloads of 35 active individuals with case management services. An additional 0.5 FTE Case Manager position will be dedicated to focusing on individuals with low needs and providing after-care support. Active case management service will be provided for a period of 12 months, and an additional 12 months of after-care follow-up with periodic contact. Case Managers will develop individualized Service Plans for each client, defining personal goals and outlining the individual's unique needs and appropriate supportive services to address those needs.
List data and sources to be used to measure outcomes:
1. Intake surveys conducted by Case Managers at the time of program enrollment.
2. CJIS/Local county arrest records/RAP sheets.
3. Participant service and outcome data collected by Administrative Analyst II.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 , (2), <3oal: Strengthen supportive services for justice-impacted individuals that suffer from homelessness. • ' _,•.·.>.:,· "' ' Objectives (A., B., etc.) Provide intensive case management services to 135 unduplicated individuals over the three-year service period for homeless individuals who history of mental health, substance use, or co-occurring issues Process Measures and Outcome Measures: 1. Number of justice-impacted homeless individuals that received intensive case management.
2. Percentage of individuals that received behavioral health treatment.
3. Length of engagement with individuals before they were placed into temporary housing.
4. Percentage of individuals that did not reoffend after being placed into temporary housing.
Project activities that support the identified goal and objectives: Responsible staff/partners: Timeline Start Date End Date
Partner with a non-governmental organization (NGO) to provide intensive case management NGO Selected (TBD) January 1, 2025 March 31, 2028 to justice involved homeless individuals Administrative Analyst II The NGO will hire 3 FTE Case Manager positions to work with the target population, with caseloads of 15 active individuals receiving intensive case management services for an estimated period of 12 months depending on the rate of progress towards developing selfsufficiency. After completion of the intensive case management phase, there will be an additional 12 months of after-care with periodic check-ins. Immediate contact will be made with the client once assigned and the Case Manager will have an in-person connection with each new client within 48 hours. Case Managers will develop individualized Service Plans for each client, which will be a living document that is updated as goals are met and service connections are made. The Case Managers will maintain consistent contact with each client during the active phase of the intensive case management model.
List data and sources to be used to measure outcomes:
1. Intake surveys conducted by Case Managers at the time of program enrollment
2. Kem County Behavioral Health Services
3. CJISnocal arrest records/RAP sheets.
4. Participant service and outcome data collected bv Administrative Analvst II. (~):G.oal: ,, . Reduce the number of justice-impacted individuals who are homeless.
Objectives (A., B., etc.} A. Fo.r cliejl~.whQ!(leed • housing _aild:~~:Will.il'!Q.to accept a. s~elter placem¢nt,J 00%, will• be. pl~c;ed into a shelter bed, B. Maln~(r, ~t:!~~sf95%::of.qapa~IW::for 1~:$etasl<fe'b~d$•aHhe Srt1n(lage lilne N~y!gatioii Centet) C. Mak~ia(l~~~t'27,· Sl.!~$Sful.'p~rmi#~nt;hpiA$(rig·. pl~Pe.i.mm~ fQt indlvidO~l.~lre~!ving ln~ri$1V~. pase'.'management; Process Measures and Outcome Measures: 1. Number of justice-impacted homeless individuals that were placed into permanent supportive housing.
2. Percentage of individuals that successfully stayed in their housing placement.
Project activities that support the identified goal and objectives: I Responsible staff/partners: I Timeline I Start Date I End Date
~ - -- ·-· .. ---......,,..~---- ···-------------
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Partner with a non-governmental organization (NGO) to provide housing navigation services. NGO selected (TBD) January 1, 2025 March 31, 2028 The Housing Navigator will work with clients being served through the intensive case Administrative Analyst II management and reentry programs to facilitate successful placement into bridge housing, transitional housing, and permanent housing. The City will leverage fifteen (15) set aside beds at the Brundage Lane Navigation Center to serve as bridge housing.
List data and sources to be used to measure outcomes:
1. Intake surveys conducted by Case Managers at the time of program enrollment.
2. Participant service and outcome data collected by Administrative Analyst II.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 1111-.
-.-
~
BAKERSFIELD
THE SOUND OF f;DJYff,/j1i1!Pj '[Je,{(.et
June I 0, 2024
This is a letter of agreement from the Bakersfield City Manager's Office for the purposes of applying for the Proposition 47 Grant. The City of Bakersfield will have a number of its agencies participating in the Proposition 47 Local Advisory Committee including Code Enforcement Rapid Response, Park Rangers, Police Depa1tment Impact Teams, and the City Manager's Office. All organizations listed herein agree to participate on the local Proposition 47 Local Adviso1y Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be unde1taken to address those needs; • The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
Antho 1t to the City Manager
City o .
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 9330 I
Proposition Local Advisory Committee Member
Gary 1-:, en Assistant City Manager
City o ersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 9330 I
City Manager's Office
1600 Truxtun Avenue, Bakersfield, CA 93301
661-326-3751 FAX: 661-324-1850
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05
REGIONAL HOMELESS
COLLABORATIVE
June 10, 2024
I
This is a letter of agreement between the City of Bakersfield and Bakersfield-Kern Regional Homeless Collaborative for the purposes of applying for the Proposition 47 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be undertaken to address those needs;
• The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
/}r\.J.,,\ / -~
Anthony Valdez, Assistant to the City Manager
City of Bakersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
Destiny Reveles, Administrative Analyst
Bakersfield-Kern Regional Homeless Collaborative
2101 Oak Street
Bakersfield, CA 93301
Bakersfield-Kern Regional Homeless Collaborative
2101 Oak Street, Bakersfield, CA 93'301
Teleohone: 661-526-0111
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 June 3, 2024
This is a letter of agreement between the City of Bakersfield and Flood Bakersfield Ministries, Inc. (Flood} tor the purposes of applying for the Proposition 4 7 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed {to include target population, target area, etc.};
• How to identify the strategies, programs, and/or services to be undertaken to address those needs;
• The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
_,,/
Anthony Va~r,Assistant to the City Manager
City of Bakersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
Jim Wheeler
Executive Director
Flood Bakersfield Ministries, Inc.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 MERCY.HOUSE
June 10, 2024
This is a letter of agreement between the City of Bakersfield and the Mercy House Brundage Lane Navigation Center for the purposes of applying for the Proposition 47 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a_collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be undertaken to address those needs;
• The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
Anthony Valdez, Assistant to the City Manager
City of Bakersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
Theo
~
Dues, Regional
~
Director
Mercy House
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 June 4, 2024
Anthony Valdez, Assistant to the City Manager
City of Bakersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Com111unlty Action 1111,__ Ip ol Kem
Helping People. Changing Lives.
This is a letter of agreement between the City of Bakersfield and Community Action Partnership of Kern for the purposes of applying for the Proposition 47 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.).
• How to identify the strategies, programs, and/or services to be undertaken to address those needs. • The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
Ant nt to the City Manager
City
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
~we.a-~~
Rebecca Moreno, Director of Housing & Supportive Services Community Action Partnership of Kern
llOO 18th Street Suite 200, Baketsfield. CA 9ll01 (661 I 336-5236 Toll Free (888) 445-0090 Fax (661) 322-2ll7 www.capk.org
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 fJ The Mission
AT KERN COUNTY
do you believe
June 6, 2024
This is a letter of agreement between the City of Bakersfield and The Mission at Kern County for the purposes of applying for the Proposition 47 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be undertaken to address those needs;
• The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
Anthony Valdez, Assistant to the City Manager
City of Bakersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Ad • ory Committee Member
Carlos Baldovinos, Executive Director
The Mission at Kern County
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 Administrative Office
1921 19TH Street
Bakersfield, CA 93301
Adm in. (661) 322-9199
Fax: (661) 426-7865
www.opendoorhelps.org
Board of Directors
Greg Braun
Chairperson
Melissa Allen
Vice Chaltperson
Melissa Allen
Secretary
Pritesh Patel
Treasurer
Dan Klingenberger
Endee, Grijalva
George Borba
Lisa Jacoby
Neetu Jhaj
Ken Keller
Diandra Ko
Colins Rimer
Todd Snider
Patrick Wade
Sue Williams
Lauren Skidmore
C/Jief Executive Officer
June 3, 2024
This is a letter of agreement between the City of Bakersfield and The Open Door Network for the purposes of applying for the Proposition 4 7 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be undertaken to address those needs;
• The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
_,/
Antho aldez, As_§istant to the City Manager
City of Bakersfieta
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
La , en Skidmore, Chief Executive Officer
The Open Door Network
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 KERN
-
HEALTH
SYSTEMS
June 5, 2024
This is a letter of agreement between the City of Bakersfield and Kern Health Systems for the purposes of applying for the Proposition 47 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be undertaken to address those needs;
• The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
~ ,,..,. ..,.,./
Anthony Valdez~ssistant to the City Manager
City of Bakersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
Traco Matthews, Chief Health Equity Officer
Kern Health Systems
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 Women's Center ~ High Desert, Inc. 134 South China Lake Boulevard • Ridgecrest. CA 93555 Phone (760) 371 -1969 ° Fax (760) 371-3449 ° [email protected] June 03, 2024
This is a letter of agreement between the City of Bakersfield and Women's Center-High Desert, Inc. for the purposes of applying for the Proposition 47 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collabor.ative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be undertaken to address those needs;
• The development of the grant project; and,
• Ongoing implementation of the grant project.
Anthony Valdez, Assistant to the City Manager
City of Bakersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
Women's Center-High Desert, Inc.
Women's Sftelter Network O Sexual Assault Response Team/Rape Crisis Center Docusign Envelope ID: 27D67330-8342-8F8E-8072-C93CFCD77C05 June 3, 2024
This is a letter of agreement between the City of Bakersfield and Kern Behavioral Health and Recovery Services, for the purposes of applying for the Proposition 47 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be undertaken to address those needs; • The development of the grant project; and,
• Ongoing implementation of the grant project.
Lead Public Agency Signature
Anthony Valdez, Assistant to the City Manager
City of Bakersfield
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
Alison Burrowes, MA., LCSW
Director
Kern Behavioral Health and Recovery Services
2001 28th Street, First Floor
Bakersfield, CA 93301
HOPE, HEALING, RECOVERY Q~ -
PO Box 1000, Bakersfield, CA 933O2 I 661.868.66OO I www.kernbhrs.org Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 June 4, 2024
This is a letter to acknowledge the commitment of the County of Kern in support of the City of Bakersfield for the purposes of applying for the Proposition 47 Grant. The County of Kern agrees to participate on the local Proposition 47 Local Advisory Committee led by the City of Bakersfield using a collaborative approach. This advisory body will, at a minimum, advise the lead agency on:
• How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
• How to identify the strategies, programs, and/or services to be undertaken to address those needs;
• The development of the grant project; and,
• Ongoing implementation of the grant project.
,,....,,,,.
ARtliony Valdez, Assi_stant to the City Manager
City of Bakersfield.,...,..
1600 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Proposition Local Advisory Committee Member
Stacy Kuwahara, Chief Operations Officer
County of Kern
GROUNDED { BOUNDLESS
111 5 T ruxtun Ave. 5th !=Joor. Bakersfield, CA. 93301 I 661.868.3198 ICAOMail8ox(@KemCounty.com Iwww.kerncounty.com Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Appendix C: Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft, and Embezzlement
Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
By checking the following boxes and signing below, applicant affirms that:
[181] I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.
[181] I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract. [181] I/We will hold subgrantees and subcontractors to these same requirements.
A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.
TITLE TELEPHONE NUMBER
Anthony Valdez
Assistant to the 661 _
326_
3029 Cit Mana er
EMAIL ADDRESS
[email protected]
STREET ~--~
1600 T e, Fjfth
Floor ,
X
CITY
Bakersfield
STATE
CA
ZIP CODE
93301
DATE
6/10/24
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 C PG P CORRE C 1 10NS P LANNING A N D
GRANT PROG RAMS
2024 Proposition 47 Grant Program- Projoct Budgot and Budget Narrative $0
3. Professional Services or Pubfic Agency Subcontracts so so $0
4. Non-Governmental Organization (NGO) Subcontracls (minimum 50% of gront funds/ $1,489,950 $1 ,950,000 SJ,439,950
5. Project'Evaluallon and Monitoring /1rinlmum of 5% (or S50.000, whlchovorls groaler/ but nol moro (hon 10% oftotal ro<J ilested funlls/ S102,500 $0 $102,500
6.,Equl~m•n~F,lxod Assols S25,000 so S25,000
7. CompHance Audit (must nol oxceod S25,000 In grant funds} $0 SS0,000 ,$50,000
8. Olher rr:ravel, Training, etc.) $78,300 so $78,300
9, Indirect Cost so so so
Administrative Analyst II 1 FTE. ease salary $74,035.50 (Year 1), S77,796.12 (Year 2), $81,725.28 (Yo.ir 3) w/ 30% Bcncnt Rote · 3 years. S303,624 $0 $303,624 LJcu1.cnant 0.10 FTE. Base salary $135,368.52 w/ JOY. Benefit Ralc::. S17.597.90 • 3 yoJrs. so S52,794 $52,794 Homeless Services Staff (Prllcipto Pl.innor) 0.125 FTE. Base salary $107,577.60wl 30¼ Benefit Rate= S17.48 1.36 • 3 )'Otu5, so S52,444 $52,444 Homeless Services Stalf (PtarJ'ICf II) 0.25 FTE. Base salary $8G,8Ci9,08 wl JO•t., Benefit Ralo = $28,932.45 • 3 years. so S86,947 $86,947 so so so
so so so
so so $0
so $0 $0
so $0 $0
so $0 $0
TOTAL $303,624 $192,185 $495,809
1b. Salaries and Bencnts Narrative:
Adminisir.Jtivc AniJlyst 11: Witt bo rospcnslblo to, supctvlsing C,uc Mon;,gcts cmboddcd with the Community Vitality Unit. ovo~co ond m.:an.tge grant.funded scnico controclf, coonf{natc pro/ca evaluation, administer tho Client Aui5/ancc Fund, and cmuro tin,cty rcpoitlng of outcomes to the BSCC.
Lieutenant: SotVcs as tho anignod nu111agc1 of the CommU11ify Vit41iry Uni1. WJI be rcuponsiblc for O\'Otsight of grant aw.int lmpli:mcntorion.
Homeless Scr.1cos Slaff: S11ppo1f /he day-to-day opera lien$ of the Community Vitolily Unit and manage lcvcrased servfcc con/mets ¥.iU1 Flood Minlst1ics and Marcy House. 2a. Services and Supplies
Description of Services or Supplies Calculation for Expenditure Grant Funds e erage Total Funds L v ij
so so $0
so $0 so
so so $0
so so $0
so $0 so
so $0 $0
so so $0
so so so
TOTAL s.o $0 $0
2b. Services and Supplies Narrallvo:
NQt applicable.
3a. Profosslonal Sorvlcos or Public Agency Subcontracts Description ol Prolessional Servlce(s) Calculation ror Expendituro Grant Funds Leverageci iT01a1 Funds so so $0
so so $0
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 so so $0
so $0 $0
so so so
so so $0
so $0 $0
$0 $0 $0
TOTAL so $0 $0
3b. Profession.ii Services or Public Agency Subconlracts Narratlvo:
Noloppl/Cllblo.
4a. Non•Govornmental Organization (NGO) Subcontro1cts
Ooscriplion of Subcontracts Calculation ror l;J<penditure Grant Funds Leveraged Total Funds Int~ Cose Management Costs nro .ipproJJmolcd b.1scd on the results or past RFPs and locill seMCo controc.Ls. S780.450 $0 $780,450 W.ttm Handoff and Reentry Services Co,ts arc ,1ppro)j,n.1tod b:ucd on Iha results of pas! RFPs and loc31 ~o cootmct~. $709,500 $0 S7Q9,500 Flood Ministries Street OultO.lch Oaso<f on curronl cootmct al a co~t of S300,000 per yoar • 3 yo,,r,., so S900,000 $900,000 Morey Housa BrU'ldago Lane Navigation Basod on FY 24•25 cantr;K;t :,mount of S7.000.000 fot 3 yoars wl 15 ~1-Mido bod3 out of 299 tolal beds (aka 5o/•) = Ce11~or S350 so S1,050,000 S1,050,000 ,000 • 3 wars.
so $0 so
so $0 so
so $0 so
so so $0
TOTAL (minimum of 501', of grant funds to subcontracts with non-goveromenl;JI, community-based organizations) $1,489 950 $1 ,950,000 $3,439,950 4b. Non•Govornment.:il Organization (NGO) Subcontracts Narrative:
ftlten.sivo C-'.lso M.in:,gemerJ: Blldgeted based M tho following n:.sumptions. 3 FTE Caso Mamg&r budgeted .it SS8.000 per position for stJJary and bcnof,ts, with a total cost of $522.000 for tho ttiroo-yo:u pc,fonn:u,ea period. O.S FTE Housing Navigator bildgotttd at $35,000 per yv.,, for safary and benefits, for a tolaJ of $105,000 over throe yeMS. Vehiclt> Le1uu. lnsuranco. ilFld MJ/e:,go reimbumm,ent twdgotcd at S10.CJOO por yo.1r. for ,1 tot31 of $60,000. Offico Equfpmot1t and Suppiios budgotod al $3.500 poryo.>r, for., tot:JJ of $10,500 Accounting fees budgeted .Jt $3,000 peryc:v. for., tOlol of $12.000. lndiroct Costs budgoled at a Do Afini1nl s rota ol 10%. for ,1 tollll of $73.950.
W41m H:mdolf Dnd Reentry Services Contract: Budgotod based on tho fo/l<M'ing 3S3umptions. 2 FTE C.Jso MM;,gcr budgotod .>I $58,000 per position for salary .>nd bcnolits. with a tol.>I cost of S348,0QO for tho tllroo-yoar pcrfonnanco porlod. D.S F1E Coso Man:Jgor budgotod ot $29,000 fXJr posit/011 for sGIJry ;,nd tonofits. with a total cost of $81,000 for tho th100-yotv po,formanco period. 0.5 FTE I-lousing Novlgator budgeted ot $35,000 per yoa.r fer $ala,y and bct1afits. for a tot.ll of $105,000 ovor thrco roars. 0.25 FTE Admlnfstrotlvc AssW,,nt budgeted at $12,000 per year for w,11y and benefits. fora tot.JI of S36,DOO. Vehicle Leoso, lt1surnncc. and W/c3r,o rclmbu,scmenl budgeted at $20,000 per ycor, for a total of $60,000. Offico Equipment ond Suppl/cs budgeted at $3,500 ~rye.Jr, for a total ot StD,500 Accou,lfing fees budgeted .lt $3,000 per yoar. for,, total of $12,000. L:,ptops for grant.funded positions budgeted at $6.000. Indirect Costs budgeted at D Do MlnlmJs ,ato of 10%, for a totol of $6-1.500.
Flood MinistnCs Street Ou/reach: Budgeted lJosod 0,1 the 1111/uo of the lovo,oocd c0111,act. l't'hlch for FV 23-24 wos sci at $300,000 to p,ovido 2 F1E Sorviccs COO<dlnalor II, 2 FTE SefVico Coordlttntor I. 0.2 FTE Progrom M;mogcr. 110hlclo tcasa:1. vchklc insurance. miJcago reimbursement. aclmlnistrotivc co.sis. dala coJ/cc/iofl/onDlysjs suppc,1, ond c/ivc,sion 01tpo11sos, Marcy House Brundage Lone Navigation Con/er. 811dgotcd bnscd on the valr,c of the lovcrago COl'llroct, which for FV 24-25 is set ot S1,000,000 to slnff 299 emergency shcllor/blid90 homing bods and p,ovidc case management solVicos. The amount plod!}Qd in leveragod funds rcp,osc,11s n p011ion of tho cont met bnsod on /ho lotnl rwmbor of f5 sot-n$klo bods serving tho torgal pcpulotion.
Tot.ti nmoont of fund'ing but!{Jt1led for tlO(l"90vetM1ont CV!}llnizntion subcootmcts is equivalent lo 74.5% of the proposed budget.
Sa. Project Evaluation and Monitoring
Oescrlplion ol ProJe.ct Evaluation and Monllorlng Grant Funds Love(Bged Total Funds lndopco<Sonl EvaJwto, Contract Sf02,500 so $102,500
so $0 $0
so $0 so
so $0 so
so $0 $0
so so $0
so so $0
so so $0
TOTAL (minimum S¾ of requested grant fund.s or $50,000, w~lchever Is greater, but not more than 10¾) $102,500 $0 $1~2,500 Sb. Project Evaluation and Monitoring Narrative:
Independent EvtJJ,rotor Cori tract: The indapcndcnt cvdiuDtor w:11 M~k Y.ilh tha City of Bokenficld and the partnered non-govt:mmcntat orpanl,u1tiom (NGO'i) to droll /ho Loc.ll Evaluntion Plan {LEP). Once .a dran is dove/oped. it Y.111 be presented to /ho Local Advisory Committee (LAC) for feedback Md tho final droll LEP will be adopted by a voto of tho LAC no fot1.•r than Morch 2025. Tho LEP will SCMJ as tho fmmol'tork for Iha ovilluation. defining tho projcct-spcci(,c d.,ta collection p,ocosscs and oulfining tho methodology nnd c:ot1trol group tor evaluating the project's goals Md obj«livc,. culmi1)(1ting in the Loc,11 Evalualion Report that v.J71 bo complc/cd ond submitted lo tho BSCC no lafcr than Juno 30, 2028. Pannored UGO's will Merle with tho indopondtJnt ovnluator to n,Vh),r data collection p(O(O$SOS to onsuro thor nocossn,y data points aro being colloctOO to support tho LEP. W011Jng ttil.h tho Administmtive AllalysL tho indopondenl evn/u,lfor WJI .support recidivism d,1/,1 colfoclion t1nd nnl'llysis nnnmlRy. Budgetod lit 6a. EqulpmenUFlxed Assets
Description of EqulpmenVF1xed Calculation lor Expense Grant Funds overage Total Assets Funds Oflico Fumllum nnd Computors for Now S5,000' 5 FTE .. $25.000. $25,000 so ~25,000 Po~hion .. ~ so $0 so
so $0 so
so so so
so $0 $0
so $0 $0
TOTAL $25,000 $0 $25,000
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Gb. Equlpmontlfixod Assols Nnrratlvo:
Otrico Fumitum :md Computots for Now Positions: Ca/ct/atlld ar ll rota u/ $5,000 pur FTE housed nt City tac,1itias, which i11d1Klas tho 3 FTE C.Jse Managar.s for lt1tu11$1<.'0 caso m:magomcnt. tho 1 FTE Housing N:tvig:Hor. an.I tho , FTE Admini!flrotlvo Analyst IJ. This nmo1111t b bmJgolnd by the City for all now positic11s. 7a. Compllanco Audit
Description or Compliance·Audil Leverage\! CalculaUon for Expense Grant Funds Funds Total Compliance Audit Cost estimalc from Bakc,sficld Finance Department so SS0.000 $50,000 so $0 so
so $0 so
TOTAL (must not oxcood $25,000 In Grant Funds) $0 sso,ooo $50,000 7b. Compliance Audit Narrallvo:
Complia11co Aud,l: Basud 011 cosu nssocJ.1tod with past audits for gronll of similar slzo, tho City of Bolumificld's Flnanco Dopmtmo11t oslirruros llpprorimately $50,000 i,1 owlit-t0fatcd oKpenses. Thoso oxpe11sos will bo covorod by tlie City of 83Jl.e~fiold.
Ba. Other (Travel, Training, olc.)
es p no er ( rave , ro n ng, Calculation for Exponso Grant Funds Loveragod Total etc.) Funds D cri llo 10th T I l I I Client Assistance Fund Budgeted at $560 per pnrllcipanl for lntcnsivo case management w/ 135 nnliclpaled participants. S78,300 $0 $.78,300 so so so
so $0 $0
so so $0
so so so
so so so
TOTAL $78,300 $0 $78,300
8b. Other (Travol, Training, otc.) Narrative:
Po,tjcfpanr AWstanco Fuod: P1ovldo cllonls wilfl tusistanco {includitl(I but not limllcd to obt.Jinin!J leg.ii documcrlls, ldcn/1/icot/on documents. cmcl!JCncy housing ossJ,ronco. ond cmploymctlt ond oducolion suppott} to novigoto oddross emergency finnnc:ial ncod.s. Budgeted of o 1010 of S580 per pattlcipont forclt'cnls receiving lntcnsivo coso mor1ogomcnt .:services. 9a. Indirect Cosls
For this graot program, illdlrect costs may be charged using only!!!!!! of the ~vo options below: Grant Funds Leveraged Total Funds 1) Indirect costs not to exceed 10 percent (10%) of the total grant award. Applicable ii the organization doos not have a so $0 $0 lederaly approved Indirect cost rate.
II using Option 1) grant funds alloc.Jtod to Indirect Cosls may not oxcood: $199,937 2) Indirect costs not to exceed 20 percent (20%) or the total grant award. Applicable tt the organization has a federally approved Indirect cost rote. Amount claimed may not exceed the organization's lederaDy approved Indirect cost rate. so $0 so II using Oplion 2) grant flJtlds nllocatcd to lndi1ect Costs may not exceed: $399,875 Please seo lnsflUclions lob far additional inlormollan regarding Indirect Costs. TOTAL $0 $0 $0 lfthe amount excoods tho maXimlim allowed ondlor turns rc,d , please adjust it ta not exceed the line-item noted, 9b. Indirect Costs Narrative:
Not opplfcablo.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Appendix C: Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft, and Embezzlement
Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
By checking the following boxes and signing below, applicant affirms that:
[□] I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.
[□] I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract. [□] I/We will hold subgrantees and subcontractors to these same requirements.
A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.
AUTHORIZED SIGNATURE
!This document must be sianed bv the oerson who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
STREET ADDRESS CITY STATE ZIP CODE
APPLICANT'S SIGNATURE (e-signature acceptable) DATE
X
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05
GRANT ADMINISTRATION GUIDE
BOARD OF STATE AND COMMUNITY CORRECTIONS
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 State of California
Board of State and Community Corrections
2590 Venture Oaks Way, Suite 200
Sacramento CA 95833
(916) 445-5073
www.bscc.ca.gov
Management Team
Linda M. Penner, Chair
Kathleen T. Howard, Executive Director
Aaron Maguire, General Counsel, Chief Deputy Director
Tracie Cone, Director of Communications
Allison Ganter, Deputy Director, Facility Standards and Operations Colleen Curtin, Deputy Director, Standards and Training for Corrections Interim Deputy Director, Corrections Planning and Grant Programs Anita Butler, Director of Administration
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05
REVISED GUIDE SECTIONS
The following sections of the BSCC Grant Administration Guide have been added or revised (July 2023). The revised language applies to all state and/or federal grant awards. Please refer to your grant agreement, RFP, or contact your grant Field Representative with any questions.
Section 3. C. 4. PERSONNEL POLICIES, Equal Employment Opportunity (EEO) Section 4 ALLOWABLE COSTS FOR PERSONNEL
4. A. SALARIES
4. D. VOTING
4. K. ALLOCATION OF TIME TO MULTIPLE FUND SOURCES
4. N. FUNCTIONAL TIMESHEETS
4. 0. COSTS - DIRECT AND INDIRECT
Section 8 OPERATIONAL AGREEMENTS - PUBLIC ENTITIES
Section 11 ACCOUNTING SYSTEMS
Section 18 RECORDS
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TABLE OF CONTENTS
WELCOME TO THE 2023 BSCC GRANT ADMINISTRATION GUIDE .......................................... 1 Foreword ........................................................................................................ .... ......... .. .. .. ... ..... 1 Overview .............. .. ... ........ .. ... .... .. ... ..................................... .......... .. .. ............ ....... .................... 1
1. GENERAL ................................................................................................................................ 3 A. Grant Agreement .... .... ....... ........ ... .... ..... ......... .................. .................... .. ..... ....... ....... ...... ... . 3 B. Components of the Contract ... ... ...... .. ......... ..... .. ... .................... .. .......... .. .. ........ .......... .... ..... 3 C. Grant Award Conditions .. ........ .. ...... ...... .......... ........ ......... .. .................. .. ... ... ............ ........... 3
2. GRANT PROJECT BUDGETS ................................................................................................. 5
3. KEY PROJECT STAFF AND REQUIRED PERSONNEL POLICIES ........................................ 5 A. Key Project Staff ..... ... ...... ..................... ...... .... .. .... ..... .... ... .. .. ... ... ...... .............................. .. ... 5 B. Project-Specific Job Descriptions .. ............ ... .. ....... ...... .... ........ .... ................. .. .. .. ...... .. .... ..... 6 C. Personnel Policies .............. .......................... ... .... ..... .... .. .................. ...... ......... ... ..... .... ....... . 6
4. ALLOWABLE COSTS FOR PERSONNEL. ............................................................................ 13 A. Salaries ... ... ..... ... ... ... ..... .. .. .. .............. .. .. ......... .. .. ... ... ..... .. ..... ............ .. ... .. ...... ....... .. ..... ...... 13 B. Employee Benefits and Employer Payroll Taxes ................... .. .. ....... ... ......... .. .. ................. 13 C. Employee Benefits in the Form of Regular Compensation ..... ... ................... ...... .... ... .. ..... .. 13 D. Voting ..... .................. ... ....... .... .............. .. .... ... .... .. .... ...................... ... ................. .. .............. 13 E. Grantee Unable to Obtain Benefits ...... .... .. .. .. ......... ...... ... ..... .... .. ... ......................... ........... 13 F. Grant Employee Placed on Administrative Leave .................................... ......... ... ... ........... 14 G. Vacation, Sick Leave, and Compensating Time Off (CTO) .......................................... ...... 14 H. Overtime ............ .. ... ........... .. ......................... ... ....... .. .. .................. ... ... ............... .... .... ....... . 14 I. Charging Grant Funds as Leave Time .. .... .. ....... ..... .. .. ... ......... .. .. ........................... ...... .. .... 14 J. Claiming Unused Leave Balance for an Employee that Separates from the Project ....... ... 14 K. Allocations of Time to Multiple Fund Sources ... .................................. .... ....... .... .. .... .......... 15 L. Personnel Changes ...................... .. ... .. .. .. ..... ............... ............... .. .... .. ....... ......... ... ..... .. ..... 15 M. Federal and State Employee ........................................... .............................. .... .. .. ............ 16 N. Functional Timesheets .... .......................... ...... .. .... ............ ..................... ......... ......... .. ... .... 16 0 . Costs - Direct and Indirect ..... ....... ....... .... .. ............ ... .. ... ... .. ... ....... .. ...... .............. .. .......... .. 16
5. OPERATING EXPENSES ....................................................................................................... 24 A. Allowable Expense Items ... .............. ................................. ... ... ............................ ........ ....... 24 B. Provisions Regarding Allowable Operating Expenses ....... .. ....... .... .... ...... ... ... ..... ...... ...... .. 25 C. Confidential Expenditures .. ..... ....... ................... ....... ........ .... ......... .. ..... .... ....... .... .... ........ .. . 25 D. Facility Rental ...... ..... ........... ... .... .... .... ................ ...... ..................... ............... ..................... 26 E. Moving Expenses .............. .. ...... ........ .... ....... ... ....... ..... .. ...... ....... .... ..... .... ...... ...... ....... .. .. .. . 26 F. Rented or Leased Equipment ...................... ......... .. ......... ..... .... .. .. .. .. .. .... .. .... ....... .. .. .. ... .... . 26 G. Travel and Per Diem ..................................... ......... ..... ........................................ ......... ...... 27 H. Food and Beverages .... .... ....... ... .. ........................................ ... .. .. ....... ..... ....... .. ..... ........... . 28 I. Program Incentives and Participant Support Items ..... .. .. ..... ...... ...... .. ... .... .... ... ..... .. ..... ...... 29 July 2023 TOC 1 BSCC Grant Administration Guide
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J. Prohibited Expense Items .... ............. .. ... .. ..... .. ...... .................. ........................ .. ......... .. ...... 31
6. EQUIPMENT/ FIXED ASSETS .............................................................................................. 33 A. Prior Approval. ........................... ... ..... ..... ...... .... .................... .. ......... ......... .......... .. .......... ... 33 B. Allowable Equipment .. ..... .... ... .. .... .... .. .. ... ................ .. ... ...... ...... .. ................. .. .... ... ... .. ........ 33
7. CONTRACTS AND PROCUREMENTS .................................................................................. 36 A. Responsibility ............... ...... ....... ....... .. .... .......... ......... .... .. .......... ..... ........ .......... ... .. ... ... ...... 36 B. Methods of Contracting and/or Procurement ........ .. ....... ....... ........... ... .. ...... .... ............... .... 36 C. Non-Competitive Bid Requests .. ..... ................................ .... ... ..... ........ .......... ... ......... ......... 38 D. Elements of a Contract or Purchase Order/Document ..... .......... ... ......... .... .. .............. ... ..... 40 E. Selecting a Contractor .. ... ................. ..... .. ...... ...... ... .. ........ .... ..... .... .... ..... ......... ... ..... ... ....... 41 F. Independent Contractor/Consultant .... ... ...... ..... ..... ... ........ ........ ..... ... .. ....... ..... ......... .......... 41 G. Rates ................................... ........................ ... .. ..... ...... ...... .... ... ....... .... .......... .... ... ... .......... 42 H. Contract Limitations ... ... ... ................ .. .............................. .......................... ..... ... .. .. ...... .. .... 42 I. Contract Provisions .. .. .. .... .... ....... ... .... ... ............................... ........... .... ...... ..... ................... 43 J. Drug-Free Workplace Certification Requirements .......... .. .. ............ .. ...... ... ........... ... ... ... ... .. 43
8. OPERATIONAL AGREEMENTS - PUBLIC ENTITIES .......................................................... 43 A. Establishing Operational Agreements .. ....................... ... ... .... .................. ... .. ...... ........... ... .. 43 B. Elements of an Operational Agreement .......... .. .... .. ..... .. ...... ... .. ..... .......... .......... .......... ...... 43 C. Requirements of Partner Agencies ... ...................... .... .................................. .... ...... ... ........ 44
9. PUBLICATIONS: MULTI-MEDIA MATERIALS, COPYRIGHTS AND PATENTS ................... 44 A. Definition .......................... .. ........ ... .................... ... ......... ..... .... ..... .................. .. ... ...... ..... .... 44 B. BSCC Review .. ............................ .......... ..... ......................... .. .......................................... .. 44 C. Income Resulting from Sale or Distribution ..... .......... ... .. .. .. .................... .. ..... .. ........... ........ 44 D. Transfer of Publication Title ...... ........ .. ...... .......................... ... .... ................ ... ... .. ............ .... 44 E. Credits and Disclaimers ..... ...... ... .. ....... ....... .. ...... ..... .. ........ ........... ....... .... ..... ..... ... ... .... ... ... 45 F. Copyrights and Rights in Data ....... .... ............ .............. .. ....... .. .. .... .... ..... .. .. .... .... ..... ... ........ 45 G. Patents ......................................................... ... ......... ....... .. ...... ........... ....... ....... ... ... ....... .. .. 45
10. GRANTEE FINANCIAL INVOICES ......................................................................................... 45 A. Execution of Grant Agreement ... .. ................. .. ....... ....................... ... ....... ..... ........ ....... ..... . 46 B. Guidelines and Requirements of the Invoice Process ..... .. .................. ......... .... ......... .... ... .. 46 C. Advance Payment Grants ... .... ............................... ..... ......... ... .. ....... ... ...... ....... .... .. ............ 48 D. Locating, Downloading, and Submitting the Financial Invoice ..... .... .. ... .. ... ....... ...... ............ 48
11. ACCOUNTING SYSTEMS ...................................................................................................... 49 A. Accounting System and Structure ... .... ..... ..... .. .... ...... ...... .. ......... .... .............. ... .... ...... .... ... .. 49 B. Accounting System Basis ...... .......... .. ............. ........... ... ....... ... .. ........................................ . 50 C. Separation of Duties ........................... ...... ... ............ ...... .... .. ............................... .......... ..... 50 D. General Ledger Account Structure .. .... ......... .............. .... ............ ............ ........... .. ....... .. .... . 51
12. MATCH/ LEVERAGE REQUIREMENTS ............................................................................... 51 A. Cash Match ........ .... ........ .. .. .... ........... .. ... .. .. .. ... .. ......... ..... .. ...... .. .. .... ... ..... .. .... ............. ....... 51 BSCC Grant Administration Guide TOC2 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 B. In-Kind Match ................... .. ..... ........... .... ... .. .. .. .. .. ..... ............ ... ....... ... .... .... .... ...... ........ .... .. 51 C. Match Documentation ...... .. ... ... ............. .. ... ..... ... .. ... ........................... ................ ........ .. ...... 52 D. Match Categories (Allowable/ Non-Allowable) .............. .. ..... ... .. ................. ... ........... .. ....... 52 E. Over Match .... ................ .... ...... ..... ........................ .. ... ... ......... ............... ...... ... .... .. .. ...... ..... . 52 F. Termination of the Grant Agreement ..... .. ..... ..... .. ...... .... ... ...... ...... ...... .. .. .. ... .... ..... .......... ... 52 G. Calculating the Match Requirement .. .. .. .... .... .... .. ................ .... ........ .... .. ...... ..... ................ .. 52 H. Changing the Type of Match ..... ... .. .. .... .. .. .. .. ..................... ....... .... .... ... ...... ........... .... .... .... .. 53 I. Reporting ... .. ............................. ..... ......................................... ... ............. ... .. .. .... .......... .... .. 53 J. Reporting Match Contributions for Advanced Payment Grants .... ........ ....... .... ... .... .... ...... .. 54
13. PROJECT AND OTHER INCOME .......................................................................................... 54 A. Records of Receipt and Disposition of Project Income .. .... ..... .... ................. .. .............. ...... 54 B. Income Earned but not Used during the Project ... ............................. ................................ 55 C. Interest Income .... ..... ... ...... ...................... ...... ..... .... ... ...... ... .......... .... ..... .. ...... ......... .... ..... .. 55 D. Other Income .... ..... ..... .. .... .. .. ... .. .. .. ..... ...... .............. .... .. .. ... ...... ... .... .. .. ...... ............ .... .. ... .... 55 E. Requesting Approval .......... .. ........ ........... ... .. .... ..... .. .. .. .. ..... ...... .. ............... ..... .... ... ... ..... .... 55
14. AMENDMENTS, CHANGES, AND MODIFICATIONS ............................................................ 55 A. Amending the Grant Award .... ... .... ...... ... ...... .... .......... ... .. ................... ...... .. ... ................ .... 55 B. Other Changes/ Modifications to the Grant Project .... ... ............. ............ .. ........ ..... ... ......... 56 C. Modifications to the Grant Budget. .... .. ... .... ................. ... ............... .... ................................. 57
15. GRANTEE PROJECT REPORTING ....................................................................................... 58 A. Guiding Principles - Implementing Evidence-Based Practices (EBP) ................ ................ . 58 B. Local Evaluation Plan ... ....... ........... .. ....... ........ ......... ... ..... .... .. .... ... ........ ... ...... ..... .. ... .. ... .... 59 C. Quarterly Progress Reports ....... ..... ....... .... .. ... ... .. .. ... .. ......... ... ............ ..... ..... ...... .... ..... ... .. . 59 D. Local Evaluation Report .... ............ ............................... .... ..... ....... .. ..... ... .. .... ... ... ............... 59 E. Source Documentation .. .. .. ................................................... .. ..... ..... .. .. .... .... ....... ........ ... ... 60
16. AUDIT REQUIREMENTS AND AUDIT REPORTS ................................................................. 60 A. General ...................................... ...... ... .... .... .. ...... ................... ........ ...................... ........ ..... 60 B. Additional Information for Federal Audit Requirements .. ............ ... .......... ... ...... ..... ....... .... .. 61
17. GRANTEE MONITORING AND OVERSIGHT ........................................................................ 65 A. Comprehensive Monitoring Visit ..... ........................... ...... .. .......................... ...................... 65 B. Compliance Improvement Plan Follow-up Monitoring Visit ..... .... .. ... ... .. .. ....... .. .. .. .... .. ... ..... 66 C. Initial Monitoring Visit.. ................................. ... ... ........... ... .... ..... .. ... ....... ... ..... ........ ... ........ .. 67 D. Technical Assistance Monitoring Visit. .... .. .................... ..... ............. ..... ...... ........................ 67 E. Closeout Monitoring Visit (as needed) ..................... ........... ....... ...... .. ... ..... .......... ... .... .. ..... 67 F. Special Event - Monitoring ................... .. ... .. .. .... .. .... .............. ..... .. ...... ....... .. .. .. ... .. ...... .. .... . 67 G. Desk Reviews - Fiscal Oversight ..... .... ........ ........... .. ......... ..... .. .. .. ............. ... .................. .. 68
18. RECORDS .............................................................................................................................. 69 A. Audits/Monitoring ... ...... .... ...... .. ... .... .... ... ... .. .... ....... ... .. ....... ............................. ...... ............. 69 B. Retention and Review Requirement ............ ....... ......... .. ............... .... ..... ............................ 69 July 2023 TOC 3 BSCC Grant Administration Guide
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C. Documentation Requirements ... ...... ..... ...... ..... ...... .. ..... .... ....... ................. ..... .......... ......... . 70 D. Payroll Records ... ... .... ....... ....... .. ............. .... .. ....... ....... .................................. .... ........ .. ...... 71 E. Equipment ................. ... ... ... ..... ......................... ..... .. .... ............ ....... .. .... .... ...... ... ..... ....... .... 71 F. Organization Policies and Procedures ........... .. ... .. ......... .. .. .. .. .... ... .. ... ....... ......... ... .. .. ... .. .. .. 71 G. Communications .... .... ...... .... ..... ...... ........ ... ...... ................ ..... ... ..... ................ .... .. .. ..... ..... ... 72
19. WITHHOLDING OR DISALLOWANCE OF GRANT FUNDS .................................................. 72 A. Withholding or Disallowance of Grant Funds ......... ......... .... ......... ........ ................. ..... ..... ... 72 B. Reduction or Termination of Grant Funds ..... ... ...... ..... ......... ...... ... ..... .... ... ..... ...... .......... .. .. 72 C. Denial of Future Funding ...... ...... ..... ...... ............. ...... .......... .. ... .... .... ..... .... ..... .. .... ..... .. .... ... 73
20. CLOSEOUT ............................................................................................................................ 73 A. Local Evaluation Report ... .. ........... .. .... ................. ..... .. ..... .. .................. ... .. .. .. ... ..... ..... ...... . 73 B. Final Progress Report ... ...... .............. ... ... .... ..... ...... ..... .... .................. ......... ... .. ... .... .... ........ 73 C. Final Request for Reimbursement ................... .. ..... ........ .... ... ....... ........ .... ... ...... .... ............ 73 D. Reporting Required Match ... ...... .... ........... ......... .......... ....... .... ..... ......... ..... ..... ... ....... .. ... .... 73 E. Retention Of Records ... .. ... ... ... ...... ............ ................ .... ...... ... ........... ............... ................. 73 F. Audits Closeout ... .............. ..... ............ ... ...... ...... ........ .. ............. .... ..... ...... .. ...... .. ............. ... 73 BSCC Grant Administration Guide TOC4 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 WELCOME TO THE 2023 BSCC GRANT ADMINISTRATION GUIDE
FOREWORD
The BSCC Grant Administration Guide (Guide) is intended to help Grantees comply with the terms and conditions that apply to all BSCC grant-funded projects. This Guide supersedes the 2020 version.
All BSCC grant-funded projects must comply with the terms of the grant program under which they are funded. Such terms refer to all requirements as defined by the Grant Agreements, applicable program guidelines contained in the Request for Proposals (RFP) and Request for Applications (RFA), applicable state and federal statutes, and other written directives from the BSCC. At any time, the BSCC may modify and/or impose additional conditions not outlined in this guide when deemed appropriate.
If you have any questions regarding the content in this grant guide, please refer to the RFP, grant agreement, or contact your field representative directly.
This Guide can be accessed and downloaded from the BSCC website at www.bscc.ca.gov.
OVERVIEW
The Board of State and Community Corrections
Established in 2012, the California Board of State and Community Corrections (BSCC) is an independent statutory agency that provides leadership to the adult and juvenile criminal justice systems, expertise on Public Safety Realignment issues, a data and information clearinghouse, and technical assistance on a wide range of community corrections issues. (Cal. Pen. Code §§ 6024- 6025.) In addition, the BSCC promulgates regulations for adult and juvenile detention facilities, conducts regular inspections of those facilities, develops standards for the selection and training of local corrections and probation officers, and administers significant public safety-related grant funding.
Policy for the agency is set by the 13-member Board of State and Community Corrections, whose members are prescribed by statute, appointed by the Governor and the Legislature, and subject to approval by the state Senate. The Board Chair reports directly to the Governor.
Corrections Planning and Grant Programs Division
The Corrections Planning and Grant Programs (CPGP) Division develops, administers and evaluates programs designed to improve the effectiveness of state and local government agencies, as well as the private sector and nonprofit service providers, to foster collaborative approaches for addressing crime and delinquency by fair and equitable approaches. Division staff provides extensive technical assistance and training to state and local agencies as well as grantees.
We are happy to respond to any questions not covered by this Guide and we welcome any suggestion to improve the Guide. Please feel free to contact your designated Field Representative.
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1. GENERAL
A. GRANT AGREEMENT
The Grant Agreement, also referred to as the contract, is the signed final agreement between the BSCC and the local government agency or organization authorized to accept grant funding . The Grant Agreement and its components contain all the terms, conditions and requirements of the grant program.
Grant Agreements are fully executed only when signed by both the Grantee and the BSCC Director or designee. The start date as listed on the face page of the contract. Grant project expenses incurred after the start date of the grant cycle but before the execution date of the contract may not be reimbursed .
8. COMPONENTS OF THE CONTRACT
It is the Grantee's responsibility to read and comply with all the terms, conditions and requirements set forth in the contract. The components of the contract are:
• Standard Agreement (Std. 213), the face page of the contract; • All appropriate exhibits as listed on the face page of the contract; • Grantee's application or proposal ;
• Governing Board Resolution; and
• Applicable conditions and requirements of the RFA/RFP.
C. GRANT AWARD CONDITIONS
1. General Responsibilities
The Grant Award is a legal transfer of funds between the BSCC and a Grantee for a specific project. Projects must conform to the Grant Agreement as specified, as well as the provisions of this Guide. Failure to do so may result in the withholding or disallowance of grant payments on current or future BSCC grants, the reduction or termination of the Grant Award, and/or the denial of future Grant Awards. The terms of the Grant Agreement supersede the provisions in this Guide.
If the Grant Award includes Federal funds, the Grantee must also comply with all applicable Code of Federal Regulations (CFR), Code of Federal Domestic Assistance (CFDA), and other applicable federal guidance.
2. Responsible Agency
The Grantee, as named on the face page of the Grant Agreement, is the agency responsible for the implementation and administration of the Grant Project (Project) and for providing all matching funds as specified in the grant budget. The Grantee may not transfer or assign the Grant Agreement to another agency or party. Additionally, the Grantee shall ensure that all subcontractors comply with the requirements of the Grant Agreement. Any liability arising shall be the responsibility of the Grantee. The State of California and BSCC disclaim responsibility for any such liability.
3. Terms of the Program
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The terms of the program are defined by the Grant Agreement and applicable RFP and/or RFA. These key documents must be accessible by the project on-site. Grantees must adhere to these requirements, including its enabling legislation, funding regulations, service standards, and program guidelines. Failure to do so may result in the withholding or disallowance of grant payments on current or future BSCC grants and/or a reduction in funding or termination of the Grant Award and/or the denial of future funding .
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In the event the terms of the program are inconsistent with the provisions of this Guide, the terms of the program supersede the provisions of this Guide.
4. Proof of Authority
All Grantees, except for State Agencies, are required to obtain written authorization from its governing board that the Official or Authorized Officer executing the agreement is, in fact, authorized to do so. The written authorization may be a Resolution, Board Minutes, or a letter from the Board Chair. This written authorization shall extend the Official's authority over the execution of any amendments or extensions. Grantees must maintain this written authorization on file and make it available upon demand. It is best to use the Official's title rather than the person's name to avoid having to seek further authorization from the governing agency if the person named is transferred or leaves an agency/organization.
5. Grant Award Changes
Changes made to the Grant Award during the grant cycle must be requested, documented and approved in accordance with the procedures described in Section 14 of this Guide. Oral agreements are not binding.
6. Supplanting Prohibited
Supplanting is strictly prohibited for all BSCC grant funds. a) Definition
Supplanting is the deliberate reduction in the amount of federal, state, or local funds being appropriated to an existing program or activity because grant funds have been awarded for the same purposes. When the Grantee replaces funds in this manner, it reduces the total amount that would have been available for the stated grant purpose. b) Grantee's Responsibility
BSCC grant funds shall be used to support new program activities or to augment existing funds that expand current program activities. BSCC grant funds shall not be used to replace existing funds.
It is the responsibility of the Grantee to ensure that supplanting does not occur. The Grantee must keep clear and detailed financial records to show that grant funds are used only for allowable costs and activities.
7. Funds Availability
Allocation of funds is contingent on the enactment of the State Budget. The BSCC does not have the authority to disburse any funds until the budget is passed. Any expenditure incurred prior to authorization is made at the Grantee's own risk and may be disallowed.
If, during the term of the Grant Agreement, the state and/or federal funds appropriated for the purposes of the grant program are reduced or eliminated by the California Legislature or by the United States Government, or in the event revenues are not collected at the level appropriated, the BSCC may immediately terminate or reduce the grant award upon written notice to the Grantee. No such termination or reduction shall apply to allowable costs already incurred by the Project to the extent that state or federal funds are available for payment of such costs.
The Grant Agreement entered into with BSCC is subject to any applicable restrictions, limitations, or conditions enacted by the California Legislature and/or the United States Government subsequent to execution of the contract.
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2. GRANT PROJECT BUDGETS
Projects are required to prepare a realistic and prudent budget that avoids unnecessary or unusual expenditures that detract from the accomplishment of the objectives and activities. Grant project budgets are limited to the funding categories and line-items identified in the Project Budget table listed in Exhibit 8: Budget Detail and Payment Provisions of the Grant Agreement.
Funding categories generally fall under the following broad budget areas:
• Personal Services - Salaries and Benefits
• Operating Expenses; and
• Equipment.
Each line-item listed in Project Budget table in Exhibit B of the Grant Agreement must be substantiated with line-item detail, including calculations, and a justification for the expense.
Explanatory information included in the budget narrative does not eliminate the line-item detail requirements.
3. KEY PROJECT STAFF AND REQUIRED PERSONNEL POLICIES
A. KEY PROJECT STAFF
1. Project Director
The Project Director has general administrative authority for implementing project activities and maintaining compliance with all programmatic, administrative, and fiscal requirements of the Grant Award. The Project Director is responsible for:
• Ensuring that project monies expended or obligated are for allowable costs and are in compliance with the approved budget;
• Maintaining required documentation of project activities and accomplishments; and • Signing project requests, reports and modifications where appropriate.
2. Authorized Officer
The Authorized Officer is the person designated by the Grantee's governing board to execute the Grant Agreement and bind the Grantee to the Grant Agreement. The Authorized Officer signs the face page of the contract and all amendments to the contract. The Authorized Officer is identified on the Applicant Information Form and is listed on the face page of the Grant Award.
3. Financial Officer
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The Financial Officer oversees the actual receipt and payment of grant monies. The Financial Officer is responsible for:
• Maintaining proper accounting records; and
• Ensuring the appropriate expenditure of grant funds.
The Financial Officer must be someone other than the Project Director and cannot be the preparer of the Financial Invoice (Form BSCC 201 ).
If the Auditor-Controller/City Auditor is designated as the Financial Officer in the Grant Award , the Auditor-Controller/City Auditor may not meet the independence standard to perform the audit of the BSCC Grant.
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4. Changes in Key Project Staff
Any change in key project staff, and the effective date of the change, must be reported immediately and in writing to the BSCC. The Grantee may also be required to submit a modification and updated Project Contact Information Sheet as discussed in Section 14.
8. PROJECT-SPECIFIC JOB DESCRIPTIONS
The Project must have on file written project-specific job descriptions (as opposed to job specifications) for all positions funded by the grant project. The project-specific job descriptions shall reflect detailed grant-related duties relative to the activities, goals and objectives of the grantfunded program . The project-specific job descriptions must not be the standard job classification description for similarly titled positions within the Grantee's agency.
Where applicable, project-specific job descriptions will include statements that address data collection responsibilities, project activity tracking, and the creation and maintenance of source documentation. There must be documentation to support the data presented in project evaluations and progress reports.
C. PERSONNEL POLICIES
BSCC-funded projects must have written personnel policies that are available to all employees.
Policies must include, at a minimum:
• Conflict of Interest Policy;
• Drug-Free Workplace Policy;
• Lobbying Policy;
• Fidelity Bonds;
• Equal Employment Opportunity
• Suspension and Debarment
• Vendor Verification
• Work hours;
• Compensation rates, including overtime, and benefits; • Vacation, sick, and other leave allowances;
• Hiring and promotional policies;
• Project Staffing and Operation
• Civil rights requirements
Project staff must be hired and the project operational within 90 days of the approval date of the Grant Agreement. Otherwise, the Grantee must submit a statement to the BSCC explaining the implementation delay. BSCC may choose to cancel the project or extend the implementation date of the project past the 90-day period.
Project staff may be added later to the grant budget if a Grantee submits project, it is approved by the BSCC. The added project staff must be hired within 90 days of the modification approval date. If project staff is not hired within 90 days, the Grantee must submit a statement to BSCC explaining the delay.
1. Conflict of Interest
Organizations must have a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts.
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Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 a) Use of Grant Funds for Financial Gain
Officials and employees of a Grantee must not participate in activities involving the use of grant funds where there is a financial interest or benefit:
• To him or herself, immediate family, partners, organization (other than a public agency in which he or she is serving as an officer, director, trustee, partner or employee); or • To any person or organization with whom he or she is negotiating or has any arrangement concerning prospective employment.
b) Inappropriate Use of Funds
Officials and employees of a Grantee must avoid actions that result in, or create the appearance of an inappropriate use of funds, such as:
• Using an official or grant-funded position for personal gain; • Giving preferential treatment to a particular person or project; • Losing independence or impartiality;
• Making a decision outside official channels; or
• Adversely affecting the confidence of the public in the integrity of the government or the program .
c) Contracting with Other Entities under Contract with BSCC Grantees must submit written notification to BSCC prior to employing, contracting, or engaging in any activity or enterprise with a consultant currently under contract with the BSCC, or any current BSCC employee. The notification must include a full description of the intended relationship between the project and the consultant or employee. BSCC's Executive Director or designee shall review the written notification and determine whether a conflict of interest or the appearance of a conflict of interest exists. d) Purchase of Supplies
The project may use funds to purchase supplies or other goods (e.g., rent an office, secure insurance, and purchase office supplies) from a party in which the project employee or board member has a financial interest if all of the following criteria are met:
• The employee or board member who has a financial interest does not take part in the bidding or awarding process;
• The project is receiving the item at a lesser rate or there are additional benefits that would not have been available through an independent party; • The purchase or transaction is approved by a quorum of the board and documented in the board minutes, and the board member who has a financial interest abstained from voting; and
• The records that support the purchase must be retained by the project as specified in the contract or as long as the supplies/goods or services are being used, whichever is longer.
2. Drug-Free Workplace Certification
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The Drug-Free Workplace Act of 1990 requires Grantees to ensure to BSCC that they will comply with the requirements of Government Code sections 8350-8357 as incorporated by reference in Exhibit C of the Grant Agreement. Grant Agreement. The Federal Drug-Free Workplace Act of 1988 requires Grantees to ensure that they will comply with the requirements of Federal law as implemented in 28 CFR Part 67, Subpart F, Sections 615 and 620. In doing so, Grantees assure the BSCC that the project's site is a drug free workplace.
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a) Definitions
• "Drug-free workplace" means a site for the performance of work done in connection with a specific grant or contract described in Government Code section 8355 of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter.
• "Employee" means the employee of a Grantee or contractor directly engaged in the performance of work pursuant to the grant or contract described in Government Code Section 8355.
• "Controlled substance" means a substance as defined in Schedules I through V of Section 202 of the Controlled Substance Act (21 USC §812). • "Grantee" means the department, division, or other unit of an organization responsible for the performance under the grant.
• "Contractor" means the department, division, or other unit of a person or organization responsible for the performance under the contract.
b) Grantee Responsibility
The Grantee certifies that it will provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition
2. Establishing an on-going drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace
b. The grantee's policy of maintaining a drug-free workplace c. Any available drug counseling, rehabilitation, and employee assistance programs d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace
3. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (1 ).
4. Notifying the employee in the statement required by paragraph (1) that, as a condition of employment under the grant, the employee will:
a. Abide by the terms of the statement
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction
5. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph 4b from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the BSCC and U.S. Department of Justice (address below). Notice shall include the identification number(s) of each affected grant.
U.S. Department of Justice
Office of Justice Programs
BSCC Grant Administration Guide Page 8 July 2023
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810 7th Street, NW
Washington, D.C. 20531
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4b with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency
7. Make a good faith effort to continue to maintain a drug-free workplace through implementation of the above requirement.
c) Consequences of Not Complying with the Drug-Free Workplace Certification A determination of noncompliance may jeopardize eligibility for continued grant funding.
Each contract or Grant Award may be subject to suspension of payments or termination of the contract or grant, or both, and the Contractor or Grantee may be subject to debarment, in accordance with the requirements of California Government Code section 8356, if the BSCC determines that either of the following has occurred:
• The Contractor or Grantee has made a false certification under California Government Code section 8355.
• The Contractor or Grantee violates the certification by failing to carry out the requirements of subdivisions (a) to (c), inclusive, of California Government Code section 8355.
• The Department of General Services shall establish and maintain a list of individuals and organizations whose contracts or grants have been canceled due to failure to comply with these provisions.
• The BSCC shall immediately notify the Department of General Services of any individual or organization that has an award canceled on the basis of violation of these provisions.
3. Fidelity Bonds
July 2023
The use of Fidelity Bonds is generally required, and a personnel policy must be in place. a) Definition
Fidelity Bonds guarantee the bonded employee(s) will handle money and property honestly. The purpose of the Fidelity Bond requirement is to protect public funds by assuring reimbursement to BSCC if Grant Award funds are stolen or otherwise misappropriated by officials and/or employees.
b) Requirements and Exemptions
Community-Based Organizations (CBOs) and American Indian Organizations are required to obtain a Fidelity Bond or an equivalent employee dishonesty insurance contract. General liability insurance does not fulfill this requirement. Projects operated by state, city or county units of government are exempt. CBOs sponsored by State or local units of government may submit documentation indicating sponsorship in lieu of the bond unless the use of a Fidelity Bond was specifically required in the terms of the program.
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 ~§~~
4. Equal Employment Opportunity (EEO)
It is the public policy of the State of California to promote equal employment opportunity (EEO) by prohibiting discrimination or harassment in employment because of race, color, religion (including religious dress and grooming practices), national origin, ancestry, disability (physical, mental, HIV and AIDS), medical condition (including cancer and genetic characteristics), genetic information, marital status, sex/gender (includes pregnancy, childbirth, breastfeeding, and/or related medical conditions), gender identity and gender expression, age (40 years and above), sexual orientation , veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by state or federal law.
The BSCC, as well as Grantees/Subgrantees and Contractors, will not discriminate in the delivery of services or benefits based on the previously identified situations. All contracts awarded to a Community-Based Organization (CBO), and all construction contracts awarded to governmental entities in excess of $10,000 of federal funding are required to contain a provision requiring compliance with civil rights regulations. a) Grantee EEO Responsibility
All BSCC Grantees must have a current year EEO Policy Statement, established by their agency, and posted in a prominent place accessible to employees and applicants.
The poster entitled "California Law Prohibits Discrimination and Harassment" must also be posted in a conspicuous location accessible to employees and applicants for employment. The poster may be obtained from the local office of the Department of Fair Employment and Housing or downloaded from: https://www.dfeh.ca.gov/Publications/.
All Grantees acknowledge awareness of and the responsibility to comply with all applicable EEO requirements by signing the Grant Agreement with the BSCC. b) State and Federal Civil Rights Laws
Comprehensive state and federal civil rights regulations include the following directives:
• Prohibits discrimination or denial of benefits to persons who are under programs or activities receiving financial assistance from the State of California or the federal government,
• Mandates that qualified persons with ·disabilities will not be excluded from , denied benefits of, or discriminated against solely on the basis of their physical disability, mental disability, or medical condition under any program or activity receiving financial assistance from the BSCC,
• Mandates that all facilities used by BSCC-funded programs shall be made reasonably accessible and usable by the physically handicapped,
• Provides that employer shall make reasonable accommodation for an employee or for an applicant with a known physical or mental disability, unless the employer can demonstrate that such accommodation would impose an undue hardship, • Guarantees equal opportunity for individuals with disabilities in public and private sector services and employment,
• Mandates that all employers shall ensure a workplace free of sexual harassment; and • Provides Family Care and Medical Leave and Pregnancy Disability Leave under the California Family Rights Act (CFRA).
BSCC Grant Administration Guide Page 10 July 2023
Oocusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCO77C05 c) Additional Federal Regulations and Requirements
An Equal Employment Opportunity Plan (EEOP) is a workforce report that some 1 grantees must complete as a condition for receiving Department of Justice funding authorized by the Omnibus Crime Control and Safe Streets Act of 1968, as well as the Victims of Crime Act. Grantees who have received funding under these Acts must comply with all of the following EEOP submission requirements.
1) Online Certification Form Submission Requirement to Office for Civil Rights:
All Grantees, receiving federal funds, are required to complete the U.S. Department of Justice, Office of Justice Programs online Certification Form and resubmit annually.
This form certifies whether or not the Grantee is required to summit an EEOP to the Office for Civil Rights, or it they are exempt. Please refer to the U.S. Department of Justice, Office of Justice Programs website (https://ojp.gov/about/ocr/eeop.htm) for details on completing the online Certification form via the EEO Reporting Tool.
After accessing the EEO Reporting Tool, Grantees will need to add their organization's profile, update the user account, then prepare the Certification form . Once the Certification form is prepared, the Grantee will need toe-sign, certify and submit to the U.S. Department of Justice. Grantees are required to maintain a current copy of the Certification Form if requested by BSCC.
2) EEOP Utilization Report Submission Requirement to Office for Civil Rights:
Grantees subject to the civil rights requirements must develop and implement a comprehensive EEO Plan/Utilization Report to the Office for Civil Rights , Office of Justice Programs if ALL the following criteria is met:
• The Grantee is a state or local governmental agency or a business, AND • The Grantee has 50 or more employees; AND
• The Grantee has received at least a single award of $25,000 or more in federal funds.
If the Grantee does not have a current EEOP on file, they must develop and implement, and submit one to the Office for Civil Rights within 60 calendar days of the date that the BSCC Director signed the Grant Award Face Sheet. The signed certification will be placed on record in the BSCC grantee file. a. Grantees with 50 or more employees and is receiving a single award or, subaward, of $25,000 or more, but less than $500,000, the Grantee must have the EEOP on file in their office for possible review by the public, employees, the BSCC, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice.
Grantees are required to submit an EEOP Utilization Report every two years. b. Grantees with 50 or more employees and is receiving a single award, or subaward, of $500,000 or more, in federal funds are required to prepare, maintain on file, submit to the Office for Civil Rights for review, and implement an EEOP. Upon approval of the EEOP/Utilization Report, Grantees will receive a federal letter of compliance. An approved EEOP/Utilization Report is valid for 24 months from the date of the federal letter of compliance.
1 U.S. Department of Ju stice - Office of Justi ce Programs - Office for Civil Rights - EEOP FAQs website:
https://www.ojp.gov/progra ml civi I-rights/ eeop/faqs .
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c. Grantees may be exempt from the EEOP/Utilization Report submission requirements if ANY of the following criteria is met:
i. The Grantee is a nonprofit organization, a medical or educational institution, or an Indian Tribe; OR
ii. The Grantee has less than 50 employees; OR
iii. The Grantee received a single award for less than $25,000; OR iv. The Grantee receives state funding only.
Please note that Grantees who are exempt for the EEOP requirements are still responsible for all other EEO compliance obligations.
d) Requirements for Continuing EEOP Grants
Unless exempt, Grantees are required to maintain a current EEOP and submit a EEO Utilization Report every two years. Grantees are strongly recommended to use the Office for Civil Rights, online EEO Reporting System which can be found at https://ojp.gov/about/ocr/eeop. htm.
All Grantees, regardless of the type of entity, the number of employees, or the amount awarded, are subject to the prohibitions against discrimination in any program or activity and may be required by the BSCC or Office for Civil Rights , through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population. Additionally, Grantees may be required to submit data to ensure their employment practices comply with state and federal civil rights laws.
The passage of Proposition 209 (approved November 1, 1996) has not alleviated the Federal requirement to develop and implement an EEOP (Cal. Const. art. I, § 31 .)
5. Suspension and Debarment - Federal Grants
It is the policy of the Federal Government to conduct business only with responsible persons, and a system for debarment and suspension from programs and activities involving Federal financial and non-financial assistance and benefits assist agencies in carrying out this policy.
Debarment or suspension of a participant by one agency has government-wide effect.
Grantees receiving federal funds must certify that they will adhere to Federal Executive Order 12549, Debarment and Suspension. By signing the Grant Agreement, the grantee certifies that neither the grantee nor its principals have been suspended or debarred from participation in Federal grants. The grantee also agrees that it will not make any award, sub-award, or enter into any contract greater than $25,000 with parties that are debarred, suspended, or otherwise excluded or ineligible for participation in Federal programs or activities.
6. Verification of Vendor/Contractor Eligibility - Federal Grants Prior to entering into contracts or procurements greater than $25,000, Grantees must either obtain a self-certification statement from the vendor/contractor indicating they or their principals are not suspended or debarred or verify their eligibility to participate in federal awards via the federal Excluded Parties List System (EPLS). a) Self-Certification:
The self-certification statement should contain language certifying that neither the organization nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the transaction by any Federal department or agency.
BSCC Grant Administration Guide Page 12 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 b) EPLS Verification:
Verification of eligibility of prospective vendors/contractors may be obtained via the federal System for Award Management (SAM) website at www.sam.gov. It is suggested that a screen shot of the negative results page be kept with the procurement/contract records to support eligibility verification occurred prior to entering into the transaction.
4. ALLOWABLE COSTS FOR PERSONNEL
Allowable costs for personnel must be reasonable and may be used for salaries, wages, and other benefits. It is the Grantees' responsibility to properly document and support such costs.
A. SALARIES
Salaries/hourly wages are fixed compensation for services. • Salaries/hourly wages for employees of the grantee must be documented in the BSCC grant approved budget (e.g., Salaries and Benefits line item). • Salaries/hourly wages for professional consultants, non-governmental organizations, and evaluators must be documented in the BSCC grant approved budget (e.g., Professional Services, NGO Subcontracts, Data Collection line item).
These costs must be identified by position and percentage of salaries QI hourly wage multiplied by the number of hours to be worked and rounded to the nearest whole dollar.
B. EMPLOYEE BENEFITS AND EMPLOYER PAYROLL TAXES
Employee benefits and employer payroll taxes include employer's contributions or costs for social security, employees' life and health insurance premiums, unemployment insurance, pension contributions, and other similar costs that are approved by the BSCC. These costs are allowable/reimbursable when they are included in the BSCC grant approved budget and are in accordance with the organization's approved written policies.
C. EMPLOYEE BENEFITS IN THE FORM OF REGULAR COMPENSATION Employee benefits in the form of regular compensation (normal pay) paid to employees during periods of authorized absences from the job for paid leave are allowable/reimbursable if: (1) they are provided pursuant to an approved leave system; (2) the costs are equitably allocated to all related activities (claimed in proportion to the time spent by the employee working on the grant); and (3) the costs adhere to the state limitations noted below:
• Jury duty costs claimed on the financial invoice (BSCC Form 201 ), must be reduced by any jury duty fees received, excluding travel costs; and
• Paid leave (e.g., military leave, medical leave, administrative leave, or workman's compensation) must not exceed 30 calendar days per a twelve-month period.
D. VOTING
If a voter does not have sufficient time outside of working hours to vote at a statewide election, California Election Code section 14000 requires employers to give up to two hours to allow for voting without loss of pay (with proper notice from the employee). Providing paid leave time pursuant to Elections Code section 14000 is an allowable expense.
E. GRANTEE UNABLE TO OBTAIN BENEFITS
If the Grantee is unable to obtain benefits, such as health insurance plan, due to the size of the organization, reimbursement payments to employees for such benefits may be allowed.
Reimbursement payments must be disclosed in the BSCC grant approved budget, approved in July 2023 Page 13 BSCC Grant Administration Guide
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the Grantee's written personnel policies, and supported by paid invoices submitted by the employees.
F. GRANT EMPLOYEE PLACED ON ADMINISTRATIVE LEAVE
When a grant employee is placed on administrative leave (in accordance with the organization's approved written policies), a portion of that employee's salary paid during the administrative leave may be allocated to the Grant Award. The portion of the administrative leave costs that may be allocated is based on the percentage of that employee's salary approved in the grant approved budget.
G. VACATION, SICK LEAVE, AND COMPENSATING TIME OFF (CTO) Leave time (vacation, sick, family leave, and CTO) is allowable/reimbursable only when the time is earned and used during the grant funding cycle. Overtime and shift differentials are also salary costs. When possible, these costs should be budgeted beforehand and claimed in the BSCC grant approved budget.
H. OVERTIME
Overtime is defined as time worked beyond the normal established work week for all employees except those considered exempt under the Fair Labor Standards Act, such as executive, administrative, and/or professional staff. Overtime is allowable/reimbursable at a higher-thannormal rate of pay.
Overtime must be documented by payroll records that reflect at a minimum:
• The name and title of the person performing the overtime and a supervisor's prior approval, • The hours worked and the amount of overtime,
• The basis for the overtime and the activities performed during overtime, and • The hourly rate of overtime.
I. CHARGING GRANT FUNDS AS LEAVE TIME
With the exception of a separation from the project, BSCC grant funds may be allowed/reimbursed as leave time (vacation, sick, family leave, and CTO) only when the time is earned and used during the grant funding cycle. Balances accrued during the grant funding cycle, but not used, cannot be claimed, unless a separation is involved. The leave costs claimed must be proportional to the amount of time spent by the employee working on the BSCC grant project. For example, if the employee is 50 percent BSCC grant funded, BSCC will be charged no more than 50 percent of eight hours of vacation earned, or four hours.
J. CLAIMING UNUSED LEAVE BALANCE FOR AN EMPLOYEE THAT SEPARATES FROM THE PROJECT As cited in Section I above, the only exception for claiming unused leave balances is when an employee separates from employment. BSCC grant funds then may be used to pay the employee separating from the project that portion of the leave balances earned during the BSCC grant funding cycle. The portion of the leave balances earned during any non-BSCC funded period must be paid by another source. In addition, BSCC funds should pay only for a proportional amount of the leave balances earned during the BSCC funding cycle, based on the percentage of time the employee worked on the BSCC grant. For example, if the separating employee worked 50 percent of the time on the BSCC grant, the BSCC grant should pay only 50 percent of the vacation earned and not used by the employee. If the total hours of vacation earned during the BSCC-funded period and not used was 40, then the total hours that can be claimed against the BSCC grant is 20 hours.
BSCC Grant Administration Guide Page 14 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 K. ALLOCATIONS OF TIME TO MULTIPLE FUND SOURCES
Costs for salaries and benefits of personnel involved in more than one grant or program of the organization must be allocated to each grant (or funding source of the program) based on the actual percentage of time spent on each grant or program. The annualized actual percentage charged for a particular position (e.g. , Project Director) cannot exceed the annual percentage approved in the BSCC Grant Award. Similarly, the dollar amount charged for a particular position also must not exceed the dollar amount in the approved Grant Award or subsequent grant award modification.
At no time shall a BSCC grant funded position exceed 100% time spent on a grant project, either as a single BSCC project, across multiple BSCC projects, or any combination of BSCC funding and other sources of funding, including federal , state, local, or private funding .
Functional timesheets or a cost allocation plan for projects with more than one source of funding and/or with multiple programs must be maintained which support the time charged to BSCC grants.
Example A
The BSCC Grant Award budget allows 100 percent ( 100%) of salaries and benefits for the Project Director. During the grant cycle, the agency/organization receives grant funds from another funding source for a different grant, which is also administered by the same Project Director. In this situation , the Grantee must account for the actual time the Project Director spends on each of the separate grants. Because the agency/organization has more than one grant, the Project Director is no longer spending 100 percent of their time on the single BSCC grant. Although the BSCC grant allows the Grantee to charge up to 100 percent (100%) of the Project Director's salary, the Grantee may only charge BSCC the ACTUAL time spent by the Project Director on the BSCC grant. If the actual amount of the time the Project Director spends on the BSCC grant is 25 percent (25%), then only 25 percent (25%) of the budgeted amount can be charged to the BSCC grant and claimed for reimbursement. Salary allocation changes require the submission and prior approval of a grant modification.
Example B
The BSCC Grant Award budgets 20 percent (20%) of salaries and benefits for a Program Specialist. During the grant cycle the actual time spent by the Program Specialist amounts to 50 percent (50%) of actual hours charged , BSCC can only be charged 20 percent (20%) of the salaries and benefits amount listed in the approved Grant Award for the Program Specialist until such time as a modification is approved. If the Program Specialist spent 10 percent (10%) of their time on a single BSCC program, and 20 percent (20%) was what was actually budgeted, BSCC can only be charged 10 percent (10%) of the salaries and benefits amount for the Program Specialist. A modification must be submitted for approval of any allocation changes.
L. PERSONNEL CHANGES
Whenever there are budget changes resulting from personnel changes, whether temporary or permanent, the Grantee must submit a written modification, and explain the reason for the shifting of personnel, the time period involved, the individuals involved, the salaries paid , and the percentage of time worked. The Grantee also must maintain documentation in the payroll records of the shifting of personnel. During the grant performance period, the Grantee may not add, remove, or change line items to/from the Salaries and Benefits category without prior BSCC approval. A modification will be necessary to add line items and to increase or decrease the amount of grant funds budgeted to this category. The items added must be allowable expenses programmatically. The Grantee's Cost Allocation Plan may also require revision to reflect budget changes and to bring the allocation of costs in alignment with current expenditures.
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M. FEDERAL AND STATE EMPLOYEE
Where the Grantee is a state agency, compensation of federal and state employees, such as salary payments, travel, and consulting fees, is not allowable unless specifically approved by the BSCC in advance.
N. FUNCTIONAL TIMESHEETS
A functional timesheet is a method for recoding the amount of an employee's time spent on the job, which reflects actual time spent working on activities specific to the applicable grant program and other fund sources. All grant funded personnel (including personnel being used to meet match/leverage requirements) who are directly allocated to the grant, either in whole or in part, must maintain functional timesheets that:
• Indicate the actual time worked by the employee on the BSCC Grant award, and • Are approved by both the employee and their supervisor.
0. COSTS - DIRECT AND INDIRECT
The BSCC indirect costs rates for federal and state grants are provided in this section. Please contact your lead Field Representative if you have any questions.
Acronyms used in this section:
• BSCC - Board of State and Community Corrections
• CFR - Code of Federal Regulations
• ICRP - Indirect Cost Rate Proposal (Prior to federal approved rate) • MTDC - Modified Total Direct Cost
• NICR - Negotiated Indirect Cost Rate (Post federal approval of rate) • 0MB - U.S. Office of Management and Budget
• RFP - Request for Proposal
1. General Information
Direct Project Costs
Direct project costs are those allowable costs that can be (a) directly associated to a particular grant activity and (b) accounted for separately with a high degree of accuracy. Examples of direct costs include staff salaries, materials and supplies, and travel.
Indirect Project Costs
Indirect project costs are shared costs that cannot be directly assigned to a particular activity but are necessary to the operation of the organization and the performance of the project.
Examples of indirect costs include utilities and rent expense, health insurance, equipment depreciation, clerical and managerial salaries, human resources, accounting and legal fees, office, and cleaning supplies.
Chargeable Project Costs
Chargeable costs are those costs that may be expensed to an award. In determining chargeable costs, a grantee should consider if the costs are:
• Reasonable - ordinary and necessary, supports the operation, and contributes to ability to conduct grant's mission.
• Allocable - easily assigned to the grant.
• Allowable - as determined by:
o 0MB Guidelines, Uniform Guidance (2 CFR Part II Subpart E - Cost Principles), o State of California, State Administrative Manual, and BSCC Grant Administration Guide Page 16 July 2023
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 o Terms and conditions of their Grant Agreement, and BSCC Grant Administration Guide provisions.
• Consistently treated as either a direct or an indirect cost and are in accordance with Generally Accepted Accounting Principles.
2. Recordkeeping
Grantees agree to maintain and provide access to records for purposes of examination for a period of three (3) years from the end of the Grant Agreement, unless a longer period of record retention is stipulated. This also refers to any subcontractor(s) documentation.
Applicants who apply for BSCC grant funds are required to develop a budget according to the RFP instructions. In RFPs that allow for an indirect cost rate, a line item will be included in the budget template for the applicant to include this information. Once an award is approved by BSCC, the budget becomes the approved grant budget. Grantees agree to maintain all records and supporting documents pertaining to the creation of such budget.
The grantee agrees that the BSCC and any or all of the following agencies shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Grant Agreement:
• U.S. Federal Government or their designated representative(s) (if federally funded grant program);
• California State Auditor or their designated representative(s); • California Department of Finance - Office of State Audits & Evaluations or their designated representative( s );
• California State Controller's Office or their designated representative(s)
3. Claiming Indirect Costs on an Invoice
Grantees are responsible for reviewing and approving invoices to ensure they are proper and in accordance with the terms and conditions of their Grant Agreements and approved budgets prior to submission to the BSCC.
Grantees that claim indirect costs on an invoice must use the indirect cost rate listed in their executed Grant Agreement. When requesting reimbursement for indirect costs, it is important to remember that the indirect cost rate is applied to the amount that was actually expended and requested for reimbursement, and not the amount that was originally budgeted.
All costs must be supported by accounting records (e.g. , invoices, purchase orders, and canceled checks or other records supporting payments), which show the actual expenses.
4. Federally Funded Grant Programs: Indirect Cost Rates July 2023
Unless otherwise specified in the grant's RFP and Grant Agreement, entities directly applying for and receiving federal grant funds may only budget and charge indirect costs by using one of the following indirect cost options:
Federal Indirect Cost Rate Option 1:
• Grantees may use their NICR (derived from a federal formula) to seek reimbursement for indirect costs.
o Evidence of NICR approval must be available to BSCC and cover the current grant period's budget and expenditures. Evidence should include information on the base(s) used to distribute indirect costs, and the treatment of fringe benefits and paid absences. For a multi-year grant, an NICR is required for each grant year or performance period.
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o A grantee or applicant awarded federal funds may use this option to budget for indirect costs only if they have a NICR already in effect. o See Obtaining a Federally Approved N/CR section for additional information.
Federal Indirect Cost Rate Option 2:
• Grantees without a NICR may use the Federal De Minim is (10% of MTDC2) to seek reimbursement for indirect costs.
Budgeting for Indirect Costs for Federally Funded Grants Unless otherwise specified in the RFP and Grant Agreement, indirect costs may be budgeted for and claimed by applicants and grantees in the Grant Funds and/or Match Funds columns of the Project Budget Table within the grant proposal.
Examples of how to budget for indirect costs using Federal Indirect Cost Options 1 and 2 are shown in the tables on the following pages:
Federal Indirect Cost Rate Option 1 - Federally Approved NICR In this example, the approved NICR for a grantee is 25%. The grantee's cost base is salaries & wages plus fringe benefits. Add the totals for salaries & wages plus fringe benefits and multiply this amount by 25%. The following budget table displays the amount budgeted for indirect costs in greater detail:
Table 1. Example - Grantee Budget Using Federal Option 1 Cost Category
Salaries & Benefits
Services and Supplies
Other (Travel, Training, etc.)
Other Direct Costs
Total Direct Costs
Indirect Cost Calculation
Total Grant-Funded
Project Budget
Grant Funds
Budget Amount
$88,500
$1,000
$2,500
+ $1,500
$93,500
+ $22.125
$115,625
Indirect Cost
Calculation
~ $88,500
X 25%
$22,125
Grantees using Federal Indirect Cost Rate Option 1 must immediately notify BSCC if the NICR changes during the grant period . The grantee may be required to submit a Modification Request (BSCC Form 223.1, located within the Financial Workbook) with the updated NICR, including when using the approved rate for matching funds (in total or in part). 2 Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies , services, travel, and up to the first $25,000 of each subaward. See 2 CFR § 200.68 for full definition of MTDC.
BSCC Grant Administration Guide Page 18 July 2023
Docus ign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Federal Indirect Cost Rate Example: Option 2 - Federal De Minim is (10% of MTDC) In this example, the grantee adds direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward. The resulting amount is multiplied by 10%. The following budget table displays the amount budgeted for indirect costs in greater detail:
Table 2. Example - Grantee Budget Using Federal Option 2 Cost Category
Salaries & Benefits
Services and Supplies
Other (Travel, Training, etc.)
Other: Subaward #1
Other: Subaward #2
Total Direct Costs
Less: Subaward Amount over $25,000
MTDC
Indirect Cost Calculation
Total Grant-Funded
Project Budget
Indirect costs and Matching Contributions
Grant Funds
Budget Amount
$88,500
$1 ,000
$2,500
$35,500
+ $25,000
$152,500
-$10,500
$142,000
+ $14,200
$166,700
Indirect Cost
Calculation
----~$142,000
X 10%
$14,200
If a grantee is required to provide matching contributions within the grant budget, please see 2 CFR § 200.306 (available at: https://www.ecfr.gov/current/title-2/subtitle-Nchapter-ll/part200/subpart-D/section-200.306 .
Federal Records Retention for Approved Indirect Cost Rate Documentation Records relevant to the development of the NICR, including an ICRP or CAP must be retained along with all grant-specific documentation for a period of three (3) years from the end of the Grant Agreement. This requirement also pertains to subcontractor documentation. Refer to section 0.2. Recordkeeping for additional information.
Determining Indirect Cost Rates for Federally Funded Subcontractors Grantees directly receiving federal funds that subcontract using BSCC grant funds must use either Federal Indirect Cost Rate Option 1 or 2 when determining an indirect cost rate with a subcontractor.
5. State-Funded Grant Programs: Indirect Cost Rates
July 2023
Unless otherwise specified in the grant's RFP and Grant Agreement, entities directly applying for and receiving state grant funds may only budget and charge indirect costs by using one of the following indirect cost options:
Approved Indirect Cost Rate for State-Funded Grants:
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• Grantees that have a NICR may use the rate to seek reimbursement for indirect costs up to 20% of grant funds.
o Evidence of NICR approval must be available to BSCC and cover the current grant period's budget and expenditures. Evidence should include information on the base(s) used to distribute indirect costs, and the treatment of fringe benefits and paid absences. For a multi-year grant, an NICR is required for each grant year or performance period.
o Grantees without an approved NICR may claim indirect costs up to 10% of all grants funded direct costs.
Budgeting for Indirect Costs for State-Funded Grants
Indirect costs may be budgeted for by applicants and claimed by grantees in the Grant Funds and/or Match Funds columns of the Project Budget Table within the grant proposal.
Tables 3, 4, and 5 on the following pages provide examples of state-funded grants calculating the indirect cost.
Negotiated Indirect Cost Rate Examples for State-Funded Grants In this example, the Grantee's NICR is 15%, which is the maximum amount that can be claimed for grant fund reimbursement. Therefore, the grantee would add all direct costs and multiply this amount by 15% for the total amount of indirect costs that can be claimed using grant funds. The following budget table displays the amount budgeted for indirect costs in greater detail:
Table 3. Example - Grantee Budget Using a Federally Approved Indirect Cost Rate Less than 20%
Cost Category
Salaries & Benefits
Services and Supplies
Professional Services
NGO Subcontracts
Equipment/ Fixed Assets
Data Collection
Program Evaluation
Other (Travel, Training, etc.)
Financial Audit
Total Direct Costs
Total Grant-Funded
Project Budget
Grant Funds
Budget Amount
$75,000
$16,500
$9,500
$750,000
$6,500
$21 ,500
$15,000
$2,000
+ $25,000
Indirect Cost
Calculation
$921,000 ------+ $921,000
x 15%
+----- $138,150
$1,059,150
BSCC Grant Administration Guide Page 20 July 2023
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Grantees using a NICR for State-Funded Grants must immediately notify the BSCC if the rate changes during the grant period. The grantee may be required to submit a Modification Request (Form BSCC 223.1, located in the Financial Invoice Workbook) with the updated rate.
In this next example, the Grantee's NICR 25%. The BSCC maximum indirect cost rate for grant fund reimbursement is up to 20%. Therefore, the grantee would add all direct costs and multiply this by the maximum allowable rate of 20%. The following budget table displays the amount budgeted for indirect costs in greater detail:
Table 4. Example - Grantee Budget Using a Federally Approved Indirect Cost Rate Greater than 20%
Cost Category
Salaries & Benefits
Services and Supplies
Professional Services
NGO Subcontracts
Equipment/ Fixed Assets
Data Collection
Program Evaluation
Other (Travel, Training, etc.)
Financial Audit
Total Direct Costs
Indirect Cost Calculation
Total Grant-Funded
Project Budget
Grant Funds
Budget Amount . . .
$75,000
$16,500
$9,500
$750,000
$6,500
$21,500
$15,000
$2,000
+ $25,000
$921 ,000
+ $184,200
$1,105,200
Indirect Cost
$921,000
X 20%
$184,200
Grantees using a NICR for State-Funded Grants must immediately notify the BSCC if the rate changes during the grant period. The grantee may be required to submit a Modification Request (Form BSCC 223.1, located in the Financial Invoice Workbook) with the updated rate. See the BSCC grant guide section below for Indirect costs and Matching Contributions indirect costs.
State-Funded Grantees Without a NICR Example (up to 10% maximum of direct grant funds):
In this example, the grantee does NOT have a NICR. Therefore, the grantee would add all direct costs and multiply this amount by up to 10% for the total amount of indirect costs that can be claimed using grant funds. The following budget table displays the amount budgeted for indirect costs in greater detail.
Table 5. Example - Grantee Budget Using the BSCC Maximum 10% Indirect Cost Rate for Grantees without a NICR
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Cost Category
Salaries & Benefits
Services and Supplies
Professional Services
NGO Subcontracts
Equipment/ Fixed Assets
Data Collection
Program Evaluation
Other (Travel, Training, etc.)
Financial Audit
Total Direct Costs
Total Grant-Funded
Project Budget
6. Indirect Costs and Matching Contributions
Grant Funds
Budget Amount
$75,000
$16,500
$9,500
$750,000
$6,500
$21,500
$15,000
$2,000
+ $25,000
$921,000
+ $92,100
$1,013,100
Indirect Cost
Calculation
----- $921,000
x10%
$92,100
If a grantee is required to provide matching contributions within the grant budget, the grantee may use their NICR for grant fund reimbursement, match contributions, or a combination of both, not to exceed, in total, the maximum allowed rate.
For example, a grantee's NICR is 15%. The grantee may use the 15% NICR as grant funded reimbursement in the Indirect Costs Line Item only (Ex. 1 ), 15% NICR as matching contributions in the Indirect Costs Line Item only (Ex. 2) or split the 15% NICR (as determined by the grantee) between grant funded reimbursement in the Indirect Costs Line Item and matching contributions in the Indirect Costs Line Item (Ex. 3).
Ex. 1: Indirect Costs Line Item Grant Fund Budget Match Fund Budget NICR@ 15% 15% 0%
Ex. 2: Indirect Costs Line Item Grant Fund Budget Match Fund Budget NICR@ 15% 0% 15%
Ex. 3: Indirect Costs Line Item Grant Fund Budget Match Fund Budget NICR@ 15% 8% 7%
The same would apply for grantees using the 10% BSCC maximum rate for grantees without a NICR.
BSCC Grant Administration Guide Page 22 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Ex. 1: Indirect Costs Line Item Grant Fund Budget Match Fund Budget BSCC@ 10% 10% 0%
Ex. 2: Indirect Costs Line Item Grant Fund Budget Match Fund Budget BSCC@ 10% 0% 10%
Ex. 3: Indirect Costs Line Item Grant Fund Budget Match Fund Budget BSCC@ 10% 4% 6%
If a grantee has a NICR rate greater than the BSCC maximum allowed 20% Indirect Cost Line Item for grant fund reimbursement, the grantee may use the difference as part of their match contributions.
Ex. 1: Indirect Costs Line Item Grant Fund Budget Match Fund Budget NICR@25% 20% 5%
Ex. 2: Indirect Costs Line Item Grant Fund Budget Match Fund Budget NICR@25% 0% 25%
Ex. 3: Indirect Costs Line Item Grant Fund Budget Match Fund Budget NICR@25% 14% 11%
All other match contributions (excluding the Indirect Costs Line Item) MUST be direct costs contributed to the grant project with corresponding match supporting documentation.
State Records Retention for Approved Indirect Cost Rate Documentation Records relevant to the development of the Federal NICR, must be retained along with all grant-specific documentation for a period of three (3) years from the end of the Grant Agreement. This requirement also pertains to subcontractor documentation. Refer to section
0.2. Recordkeeping for additional information.
Determining Indirect Cost Rates for State-Funded Subcontractors Grantees directly receiving state funds that subcontract using BSCC grant funds must use local contracting rules unless otherwise stated in the grant's RFP and Grant Agreement when determining an indirect cost rate with a subcontractor.
7. Obtaining a Federally-Approved NICR - State and Federal Grant Recipients July 2023
Should an applicant or grantee seek to obtain a Federal NICR, it will be required to prepare an annual ICRP and submit it to its federal cognizant agency. Typically, the federal cognizant agency is the agency that awards the most federal funds to that grantee or applicant.
Note: A grantee or applicant that is a governmental department or agency unit that receives more than $35 million in direct federal funding is required to obtain a federal NICR.
An ICRP is the documentation prepared by a grantee requesting an indirect cost rate. This package normally includes the proposal, related audited financial statements, and other detail supports such as general ledger, trial balance, etc.
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The requirements for the development and submission of ICRPs are set out in Federal 0MB Appendices Ill-VII of 2 CFR, Part 200.
A grantee developing an ICRP for federally funded grant solicitations should follow the guidelines applicable to its type of organization:
• Non-Government Organizations use 2 CFR § 200, Appendix IV; • State/Local Government Central Service Cost Allocation Plans use 2 CFR § 200, Appendix V;
• State/Local/Tribal Indirect Cost Proposals use 2 CFR § 200, Appendix VII.
Find more information on ICRPs at: https://www.ojp.gov/funding/part200uniformrequirements and state and local governments at: https://sco.ca.gov/pubs guides.html (Countywide Cost Allocation Plan Guidelines and Information.
5. OPERATING EXPENSES
General
Allowable operating expenses are defined as necessary expenditures exclusive of personnel salaries, benefits, and equipment. Such expenses may include specific items directly charged to the project, and in some cases, an indirect cost allowance. The expenses must be grant-related (i.e., to further the program objectives as defined in the Grant Award) and be incurred during the grant cycle . The BSCC reserves the right to make the final determination if an operating expense is allowable and necessary. All charges must be clearly documented and rounded off to the nearest whole dollar.
During the grant performance period, individual line items within the operating expense category (with the exception of Consultant or Contract services) may vary from budgeted amounts without prior BSCC approval as long as the total amount budgeted in the category remains the same.
A. ALLOWABLE EXPENSE ITEMS
A project may, unless otherwise prohibited, include the following expenses under the Operating Expenses category:
• Answering service fees;
• Bank service charges and check printing fees;
• Computer with an acquisition cost of $4,999* or less; • Computer equipment rentals;
• Confidential expenditures (e.g., asset forfeiture and sting operations); • Conferences, seminars, workshops, and training;
• Consultant services;
• Equipment service and maintenance agreements (including those for computers); • Facilities costs;
• Film or videotape (film or videotape with an acquisition cost of more than $5,000 per unit and a useful life of more than one year must be charged in the Equipment category); • Financial audit allowances;
• Furniture and office equipment with an acquisition cost of $4,999* or less per unit; • Insurance, e.g., vehicle, fire, bonding, theft, and liability (to include malpractice and board liability);
BSCC Grant Administration Guide Page 24 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 • Internet access;
• Janitorial services;
• Moving expenses;
• Office supplies;
• Office space;
• Postage;
• Printing;
• Rental or lease of equipment;
• Research forms;
• Software (if not part of a computer package);
• Storage space for evidence;
• Subscriptions;
• Telephone (telephones with an acquisition cost of more than $5,000 per unit and a useful life of more than one year must be charged in the equipment category); • Training materials;
• Travel and per diem;
• Utilities; and
• Vehicle maintenance.
If an item is not listed, consult the terms of the program to determine if the expense is allowable. * Any of these items with an acquisition cost of $3,500 or more require prior approval by the BSCC. The Grantee must submit a written declaration that the items to be purchased are: 1) to be used for services directly associated with the project; 2) essential to the success of the project; and 3) less expensive than leasing or renting the equipment for the grant cycle (based on an investigation of lease and rental options).
8. PROVISIONS REGARDING ALLOWABLE OPERATING EXPENSES
Operating expenses which cannot be directly charged to a specific project or funding source, such as expenses related to a copier, utilities or janitorial service, must be prorated on the basis of percentage of usage or other reasonable job-costing basis. An allocation plan must be prepared to determine how such operating expenses should be allocated. Schedules of the methods used to allocate such operating expense must be maintained for audit purposes.
The basis of allocating operating expenses must be reviewed and adjusted accordingly by the Grantee on a periodic basis.
Payments made for certain types of expenses which apply to long periods of time also become allocated expenses. For example, the Grantee pays for an insurance policy with a term of one year (November 1, 2014 to October 31, 2015), and the grant cycle (July 1, 2015 to June 30, 2016) includes four months of this one-year period. The Grantee then may allocate one-third (four months) of the insurance costs to the grant.
C. CONFIDENTIAL EXPENDITURES
Confidential expenditures are only allowable for grants to state and local law enforcement agencies that use grant personnel working in an undercover capacity, unless otherwise specifically authorized in the terms of the program .
Requests for Approval - Confidential Expenditures: If not previously authorized in the approved Grant Award, confidential expenditures must be requested using a modification and July 2023 Page 25 BSCC Grant Administration Guide
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approved prior to any expenditure. The criteria for confidential expenditures are in the terms of the program.
D. FACILITY RENTAL
Office space for full-time employees and space for files, meetings, mail and supplies may be charged to the grant.
It is the responsibility of the Grantee to ensure that these are consistent with prevailing rates in the local area.
Space for part-time employees must be prorated. For the purpose of this section, the term "employee" includes documented volunteers .
1. Rental Space for Training, Shelter, Counseling Rooms, and Other Required Space Rental space for training, individual or group counseling rooms may also be charged to the grant if authorized in the terms of the program, and providing the rental space charged is based on actual costs to the Grantee and not reimbursed by any other source.
If other required space, such as a storage or evidence room is allowed in the terms of the program, the Grantee must provide justification for charging the costs to the grant.
Such justification must address the cost and need for the space, how it relates to the project's objectives, and why the agency cannot provide the space at no cost to the grant.
2. Donated Space
A Grantee can claim office space used in a program as in-kind match when they are the owners of the building or the space has been donated.
The value claimed for donated space cannot exceed the monetary value of what would normally be charged for the space in that geographical area.
There must be documentation on file which explains and supports the way the value for the match is determined.
E. MOVING EXPENSES
Projects may budget for moving expenses as long as such expenses are reasonable and related to the accomplishment of grant objectives. For example, a project may claim moving expenses if the project site is being relocated to another site and it is necessary to relocate BSCC-funded supplies, office equipment, etc. to the new site. Moving expenses may not be charged to the grant for transporting personal belongings of staff nor may staff relocation expenses be charged to the grant for costs associated with the project move. Further, projects may not use BSCC grant funds to pay for relocation expenses associated with the hiring of new staff.
If the project is one of many components of a larger organization, the project may only charge the prorated share of expenses proportionate to the BSCC-funded project's percentage of the organization's total overall budget.
F. RENTED OR LEASED EQUIPMENT
An explanation and cost analysis must be submitted if equipment, budgeted in the operating expenses or equipment category, is to be rented or leased. This written analysis must demonstrate how it is more cost effective to rent or lease the equipment rather than purchase it.
The project must receive approval from BSCC prior to the execution of any rental or lease agreement. If the request is made after the grant is awarded, a Grantee must attach the analysis to a completed modification.
BSCC Grant Administration Guide Page 26 July 2023
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 G. TRAVEL AND PER DIEM
Travel is usually warranted when personal contact by project-related personnel is the most appropriate method of completing project-related business.
The most economical method of transportation, in terms of direct expenses to the project and the project-related personnel's time away from the project, must be used.
Grantees are required to include sufficient per diem and travel allocations for project-related personnel to attend any required BSCC training conferences or workshops as described in the Request for Proposals and Grant Agreement.
1. Out-of-State Travel
Out-of-state travel is generally restricted and only allowed in exceptional situations. Grantees must receive written BSCC approval prior to incurring expenses for out-of-state travel. Even if previously authorized in the Grant Agreement, Grantees must submit a separate written request on Grantee letterhead for approval to the assigned BSCC Field Representative. Outof-state travel requests must include a detailed justification and budget information.
In addition, California prohibits travel, except under specified circumstances, to states that have been found by the California Attorney General to have discriminatory laws. The BSCC will not reimburse for travel to these states unless the travel meets a specific exception under Government Code section 11139.8, subdivision (c). For additional information, please see:
https://oag.ca.gov/ab1887.
2. Units of Government
Grantees that are units of government using BSCC funds may follow either their own written travel and per diem policy or the California State travel and per diem policy. Units of government that plan to use cars from a state, county , city, district carpool, or garage may budget either the mileage rate established by the carpool or garage, or the state mileage rate, not to exceed the loaning agency.
3. Non-Governmental Organizations (NGOs)
Grantees that are NGOs using BSCC funds must use the California State travel and per diem policy, unless the Grantee's written travel policy is more restrictive than the State's, in which case it must be used. Reimbursement is allowed for the cost of commercial carrier fares, parking, bridge, and road tolls, as well as necessary taxi, bus, and streetcar fares. This policy applies equally to NGOs that receive grant funds directly from the BSCC and those that receive grant funds indirectly through a subcontract with another NGO that received a BSCC grant award.
4. Tribes
Grantees that are Tribes must use the California State travel and per diem policy, unless the Grantee's written travel policy is more restrictive than the State's, in which case it must be used. Reimbursement is allowed for the cost of commercial carrier fares , parking , bridge, and road tolls, as well as necessary taxi , bus, and streetcar fares.
5. State Travel and Per Diem Policies
July 2023
a) General
The information below provides details about the State travel policy. The reimbursement rates are maximums, not allowances. In the event of an audit, employees must be able to produce receipts substantiating the amount claimed. To verify rates , go to:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
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b) Mileage
When the Grantee utilizes a privately-owned vehicle on project-related business, a maximum rate per mile is allowed at this time. Grantees may verify the current Stateapproved mileage rates at:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx c) Meals and Incidental Expenses
Breakfast - Breakfast may be claimed when travel commences at or prior to 6:00 a.m.
Breakfast may be claimed on the last fractional day of a trip of more than 24 hours if travel terminates at or after 8:00 a.m.
Lunch - Lunch may not be claimed for travel less than 24 hours. Lunch may be claimed if the trip begins at or before 11 :00 a.m. and may be claimed on the last fractional day of a trip of more than 24 hours if the travel terminates at or after 2:00 p.m.
Dinner - Dinner may be claimed if the trip begins at or before 5:00 p.m. Dinner may be claimed when travel terminates at or after 7:00 p.m., whether on a one-day trip or on the last day of a trip of more than 24 hours.
Incidental Expenses - Incidental expenses may be claimed for trips of 24 hours or more.
To view meal and incidental rates, go to:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx d) Lodging - With Receipts
Excess lodging costs are restricted and only allowed in exceptional situations. Grantees must justify the need and receive prior written approval from BSCC before incurring expenses for excess lodging costs.
e) Other
Reimbursement for shuttle or hotel-bus fares, bridge and road tolls, and parking charges must be supported by receipt if amounts exceed the following exceptions to the California State Receipt Policy located at: http://hrmanual.calhr.ca.gov/Home/Manualltem/1/2203.
H. FOOD AND BEVERAGES
1. Justification
Unless otherwise prohibited by law, or by the specific terms and conditions of the grant program, grant funds may be used to purchase food and beverages for individuals receiving grant-funded services and programs.
BSCC recognizes that offering food and beverages can help maximize participation among clients. Meals or snacks can be used to encourage attendance among clients who are reluctant to attend, or when programs are held during the lunch or dinner hours or as part of a day-long activity.
2. Definitions
Allowable food and beverage purchases include snacks or meals provided to individuals receiving programs and services funded by the grant. Food and beverage purchases must be reasonable, necessary for participants, and clearly linked to grant-funded activities. Grant funds may not be used to purchase alcohol , tobacco or marijuana products.
Grant funds may not be used to purchase food and beverages for grant staff or partner agency staff, even if it is a grant-related event. Grantees who wish to request an exception to this rule should contact the BSCC Field Representative and present justification for why the food and beverages are necessary to the success of the program model.
BSCC Grant Administration Guide Page 28 July 2023
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3. Requesting Approval
Explicit prior approval from BSCC is required for the purchase of food and beverages, even if the items were mentioned in the grant application approved for funding by the Board.
Grantees seeking approval to purchase food and beverages must submit a memo to the BSCC Field Representative. (Note: It is not necessary to submit a memo for each individual purchase; the memo may contain a list of purchases for the entire grant period .) There is no format for the memo, but it must contain the following information:
(a) A description of the activity or program for which the food and beverages will be purchased.
(b) The name of the subcontractor (if applicable) that will be purchasing the food and beverages.
(c) A description of the items that will be purchased, with the corresponding costs. Provide as much line-item detail as possible and show the total cost. * For example:
4 pizzas per week x 25 weeks@ $15 per pizza .... .. .. .. .. .. .... .. .. .... ...... ... ...... $ 2 cases sodas per week x 25 weeks@ $10 per case ............................ .. .. $ 1,500
500
2 dozen cookies per week x 25 weeks@ $10 per dozen .... .... .. ............... .. .:i:.$_-=5'-"0=0 Total .. ...... .... .. .. ..... $ 2,500
*If the exact quantity or cost is not known, provide detailed estimates. (d) The approximate number of grant-funded participants that will benefit from the food and beverages.
(e) A justification for the purchase of food and beverages to describe how the purchases will benefit the grant project.
Discretion for final approval of any purchases under this section lies with BSCC. Purchases should not be made until BSCC approves the written request. The BSCC shall not be obligated to reimburse purchases made without prior approval.
4. Documentation
Grantees should follow any internal policies and procedures that exist for the purchase, documentation and tracking of food and beverages. Grantees must also ensure compliance with any applicable procurement rules.
At a minimum, the grantee must maintain all receipts and supporting documentation related to the purchase. Supporting documentation could include program schedules, lists of attendees, class rosters, etc.
I. PROGRAM INCENTIVES AND PARTICIPANT S UPPORT ITEMS
1. General Guidelines
July 2023
Unless otherwise prohibited by law or by the specific terms and conditions of the grant program , grant funds may be used to purchase items used as participant support items and program incentives for program participation and/or program completion .
BSCC recognizes that offering incentives can help maximize participation among clients and justice-involved clients. Participant support items and program incentives can be used to encourage program participation, to reward participants who meet certain documented milestones, and to celebrate program completion.
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Participant support items and program incentives must be reasonable and clearly linked to grant-funded activities.
2. Requesting Approval
Explicit prior approval from BSCC is required for the purchase of participant support items and program incentives, even if the items were included or budgeted in the grant application approved for funding by the Board.
Grantees seeking approval to purchase participant support items and program incentives must submit a memo to the BSCC Field Representative (see "Using Grant Items for Participant Support Costs and Incentives justification form"). (Note: It is not necessary to submit a memo for each individual purchase; the memo may contain a list of purchases for the entire grant period.)
Discretion for final approval of any purchases under this section lies with BSCC. Purchases should not be made until BSCC approves the written request. The BSCC shall not be obligated to reimburse purchases made without prior approval.
3. Types of Allowable Expenses May Include:
Participant Support Items:
• Personal Care and Healthcare Items
o Clothing , hygiene items, medication co-pays, physician recommended medical devices or products, etc.
• Vital Document Expenses
o Expenses related to obtaining a CA ID or Driver's License, social security card, birth certificate, etc.
• Transportation
o Tokens, taxi vouchers, bus passes for social services, educational, court, or program related appointments, etc.
o Vehicle maintenance expenses.
o Purchase of gasoline or mileage reimbursement.
o Purchase of a bicycle or other non-motorized vehicle. • Education and Employment Support
o Work clothes or equipment required by an employer or training program. o Tuition enrollment fees for training or education programs. o Subsidized employment.
o Books, backpacks or other supplies for training/education programs. • Housing Related Costs
o Rental assistance.
o Reasonable costs related to one-time move-in necessities for long-term housing placements.
o Fees for applications, credit checks, or enrollment costs for housing opportunities. o Utilities, property maintenance costs, etc.
Program Incentives: (no cash payments allowed):
• Gift cards
• Stipends
BSCC Grant Administration Guide Page 30 July 2023
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 • Field trips/Excursions (e.g . sporting events, movies, camping trips, amusement parks, etc.)
4. Documentation
Grantees should follow any internal policies and procedures that exist for the purchase, documentation, and tracking of participant support items and program incentives. Grantees must also ensure compliance with any applicable procurement rules.
At a minimum the grantee should maintain a log that records:
a) the type of incentive or participant support item that was distributed; b) the date it was distributed;
c) the name and signature of the individual who received it; d) the name and signature of the staff person who distributed it; and e) the name and signature of a supervisor.
J. PROHIBITED EXPENSE ITEMS
1. Bonuses/Commissions
Projects are prohibited from paying any bonus or commission to any individual, organization, or firm unless specifically authorized by the terms of the program .
2. Lobbying
July 2023
BSCC federal and state grant funds, grant property, or grant funded positions shall not be expended or used for any of the following lobbying activities. a) Prohibited Lobbying Activities
• Attempts to influence the outcome of any federal, state, or local election, referendum , initiative, or similar procedure, through in-kind or cash contributions, endorsements, publicity, or similar activity;
• Establishing, administering , contributing to, or paying the expenses of a political party, campaign, political action committee, or other organization established for the purpose of influencing the outcome of elections;
• Attempts to influence: (1) the introduction of federal or state legislation; or (2) the enactment or modification of any pending federal or state legislation through communication with any member or employee of the Congress or state Legislature (including efforts to influence state or local officials to engage in similar lobbying activity), or with any government official or employee in connection with a decision to sign or veto enrolled legislation;
• Attempts to influence: (1) the introduction of federal or state legislation; or (2) the enactment or modification of any pending federal or state legislation by preparing, distributing, or using publicity or propaganda, or by urging members of the general public or any segment thereof to contribute to or participate in any mass demonstration, march, rally, fund-raising drive, lobbying campaign or letter writing or telephone campaign; or
• Attending legislative liaison activities, including legislative sessions or committee hearings, gathering information regarding legislation, and analyzing the effect of legislation are prohibited when such activities are carried out in support of or in knowing preparation for an effort to engage in unallowable lobbying.
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b) Activities Exempt from the Prohibition
• Providing a technical and factual presentation of information on a topic directly related to the performance of a grant, contract, or other agreement, such as:
o Offering testimony in a hearing, statements, or letters, o to Congress or a state Legislature, or subdivision, member, or cognizant staff member thereof, in response to a documented request (including a Congressional Record notice requesting testimony or statements for the record at a regularly scheduled hearing) made by the Grantee member, Legislative body or subdivision, or a cognizant staff member thereof,
o provided such information is readily obtainable and may be readily put in deliverable form; and
o Costs for travel, lodging, or meals related to this activity are unallowable unless:
(1) the testimony is offered at a regularly scheduled Congressional or state Legislative hearing; and (2) it was made pursuant to a written request for such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee conducting such hearing.
• Any lobbying made unallowable by Section 1.2 above to influence state legislation in order to directly reduce the cost or to avoid material impairment of the organization's authority to perform the grant, contract, or other agreement. • Participating in any activity specifically authorized by statute to be undertaken with funds from the grant, contract, or other agreement.
• Providing testimony before legislative bodies reviewing the effectiveness of grant programs.
• Introducing and offering support in the state Legislature of general statutory reform, such as criminal code revisions, court reform, etc.
3. Fundraising
BSCC grant funds cannot be used for fundraising . For example, grant funds cannot be used to organize financial campaigns, endowment drives, solicitation of gifts and bequests, or similar expenses incurred solely to raise capital or obtain contributions, unless fundraising for the furtherance of grant objectives is specifically allowed under the terms of the program.
4. Real Property and Improvements
Expenses for real property, including land, land improvements, structures and their attachments, and structural improvements and alterations are not allowable expenditures unless specifically authorized in the terms of the program .
5. Interest, Charges, Fees, and Penalties
Finance charges, late payment fees, penalties, and returned check charges are not allowable expenditures. The cost of interest payments is only allowable if the cost is a result of a lease/purchase agreement.
6. Weapons and Ammunition
The cost of weapons and/or ammunition of any type are not allowable expenditures, unless it is part of a governmental negotiated benefit package, or specifically authorized in the terms of the program .
BSCC Grant Administration Guide Page 32 July 2023
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7. Dues, Licenses, and Fees
Membership dues for the licensing or credentialing of professional personnel , the cost of the license, and any annual professional dues or fees are not allowable expenditures unless they are part of a governmental benefit package or specifically authorized by the terms of the program.
8. Depreciation
Depreciation charges are not allowable expenditures.
6. EQUIPMENT / FIXED ASSETS
Equipment and fixed assets are nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit (including tax and installation). If equipment is purchased as a complete package (i .e., computer, monitor, modem, software, etc.), the total package cost, not the unit cost, would determine if it qualifies under the equipment category. All equipment purchased by the Grantee is the property of the Grantee. BSCC does not claim title to the equipment but requires the Grantee to maintain accountability for the equipment.
A. PRIOR APPROVAL
All equipment or fixed assets with an acquisition cost of $3,500 or more require prior approval by the BSCC. The Grantee must submit a written declaration that the equipment or fixed assets to be purchased are: 1) to be used for services directly associated with the project; 2) essential to the success of the project; and 3) less expensive than leasing or renting the equipment for the grant cycle based on an investigation of lease and rental options.
8. ALLOWABLE EQUIPMENT
Equipment that is directly related to and used for project activities will be considered for purchase approval only if no other equipment owned by the applicant is available and suitable for the project. Projects are expected to purchase only energy efficient equipment whenever possible and appropriate.
Grant funds cannot be used for equipment if specifically prohibited in the authorizing legislation or restricted in the terms of the program .
Grant funds cannot be used to reimburse the project for equipment obtained prior to the beginning of the grant cycle.
Equipment should be ordered as soon as possible so that it can be placed in service during the grant cycle.
1. Motorized Vehicles
Aircraft, watercraft, and other motorized vehicles (except automobiles) are not allowable budget items unless specifically authorized in the terms of the program .
2. Automobiles
July 2023
If automobiles are allowable pursuant to the terms of the program, the Project must provide substantial justification demonstrating the grant-related need. The justification must be submitted attached to a modification if not previously authorized in the approved Grant Award and include the following information:
• Describe the need for a vehicle, including the size of the service area and the need to provide direct service away from the office;
• Describe the lack of available agency vehicles;
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• Describe the lack of available personal vehicles for which mileage can be charged or a reason why the agency will not allow personal vehicle usage during working hours; and • Include a cost analysis for the vehicle purchase as compared to other options, including lease and personal vehicle use with mileage. •
3. Computers and Automated Equipment
a) Internet Access
Funded projects are required to maintain internet access with an established e-mail address for grant-related communication with BSCC. Grant funds may be used for this purpose unless specifically restricted by the terms of the program. b) Justification
The purchase of computers and automated equipment necessary to achieve grant objectives may be requested unless prohibited in the terms of the program . Approval for purchases is contingent on the project's ability to demonstrate a cost effective, projectrelated need. This is best demonstrated by clearly relating each computer system or component to the grant objectives and activities. The amount of information necessary will be determined by the complexity of the proposed system. c) Cost
The cost of a computer system must include all expenses required to purchase, install and operate the system. These expenses include, but are not limited to hardware, software, maintenance, upgrade, training, conversion, technical assistance, consultants, programmers, analysts, furniture, supplies, modems, telephone lines, and connect time to mainframe or data centers. Computers and related expenses must be itemized in the budget pages of the Grant Award and described in sufficient detail to allow BSCC to assess their size and complexity.
d) Community-Based Organization (CBO)
Applicants from community-based organizations may budget for computer equipment, software, and related costs . BSCC will evaluate the proposed purchase on the basis of grant-related need.
If the implementing agency is a CBO sponsored by a unit of government, BSCC's policy for CBOs will apply, and BSCC will also evaluate the proposed purchase of computer equipment, software, and related costs.
e) Units of Government
Applicants from units of government may budget for computer equipment, software, and related costs. BSCC will evaluate the proposed purchase on the basis of grant-related need.
Units of government using federal funds to establish or enhance criminal intelligence systems are also subject to 28 CFR Part 23, Criminal Intelligence Systems Operating Policies. Consult the specific terms of the program for information regarding additional requirements and approvals.
f) Justification - Computers and Automated Systems
To certify that all resources (e.g., hardware, software, personnel, and telecommunications) to be utilized by the project are in compliance, the Project Director must submit a written justification. If not previously authorized in the approved grant award, the justification must be attached to a modification and demonstrate that the purchase abides by applicable BSCC Grant Administration Guide Page 34 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 standards, policies, and procedures for automated systems as contained within the terms of the program , the agency's local policies and operating procedures, and this Guide.
4. Lease-to-Purchase Agreement
If a lease-to-purchase equipment is requested, a Grantee must submit a justification and cost analysis, demonstrating that it is more cost effective to lease rather than purchase the item.
If a lease-to-purchase agreement is not previously authorized in the approved Grant Award , the justification and cost analysis must be submitted with a modification. The Project must receive BSCC approval prior to the signing of the lease/purchase agreement.
5. Equipment Identification and Records
Projects must maintain a readily identifiable inventory of all equipment purchased wholly, or in part, with BSCC grant funds. Equipment must be noted in a log, either written or digital containing the following information for as long as the equipment is owned by the Grantee.
Equipment records must contain the following information:
• A description of the property;
• Serial number, or other identification number;
• Source of the property;
• Identification of the title holder;
• Acquisition date;
• Cost of the equipment;
• Percentage of Federal participation in the cost of the equipment; • Location of the equipment;
• Use and condition of the equipment;
• Unit acquisition cost; and
• Disposition, data, including date of disposal and sale price.
A Grantee must take a physical inventory of equipment and reconcile the results with the equipment records at least once every two years.
The Project is responsible for maintaining all equipment purchased with grant funds and the equipment must be available for review by BSCC staff during Site and Monitoring visits.
6. Losses/Replacements
July 2023
Projects must safeguard equipment purchased with grant funds and are responsible for any losses. Lost, stolen , or destroyed equipment must be reported to BSCC in writing within 14 calendar days of the date of the loss. The report must include appropriate police reports, insurance claims , and a letter signed by the Project Director explaining the circumstances involved and the precautions taken to prevent such losses from occurring in the future. The report must also detail how the equipment will be replaced, the timeframe for replacement, and the potential impact on program objectives without replacement of the equipment.
Damaged equipment that will not be repaired must be reported to BSCC on a modification within 14 calendar days of the date of damage, with a justification explaining how grant objectives will be achieved without the equipment. Projects must obtain written approval from BSCC prior to replacing, trading, or otherwise disposing of damaged, lost, or stolen grant equipment.
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7. CONTRACTS AND PROCUREMENTS
A. RESPONSIBILITY
The Grantee is the responsible entity, without recourse to BSCC, regarding the settlement and satisfaction of all contractual and administrative issues arising from contracts of the Grantee and Grant Award procurements. This responsibility includes, but is not limited to, disputes, claims, and protests of awards.
1. Units of Government Guidelines
Governmental entities must comply with applicable procurement laws and policies for their jurisdiction when contracting for goods or procuring services. Matters concerning violation of laws must be referred to the local, state, or federal authority having jurisdiction.
2. Definitions
a) Contracts
Contracts refer to the purchasing of services including, but not limited to, independent CPA audits, maintenance agreements, accounting services, and consultants. All contracts are subject to BSCC contract standards as outlined in this section. b) Procurement
Procurement refers to the purchasing of goods necessary to carry out the project objectives. BSCC procurement standards apply to all contracts for goods, including office supplies, and equipment paid for in whole or in part by grant funds.
3. Approvals
All contracts and procurements must be for allowable expenditures according to the terms of the grant program under which the agreement is funded.
Purchases for computers and/or equipment valued at $3,500 or more, which were not previously approved in the Grant Award budget, require prior approval from the BSCC.
For CBOs and entities that are not units of government, contracts over $50,000 require BSCC prior approval. Requests for approval must include the procedures that will be used to comply with section 7.B. below.
8. METHODS OF CONTRACTING AND/OR PROCUREMENT
For non-governmental entities, contracts and procurements that use grant funds must be made by one of the following methods:
1. Informal Advertising
a) Contracts and Procurements under $5,000
Contracts and procurements under $5,000 do not require formal advertising. However, informal competition is still suggested for purchases between $100 and $4,999. b) Documentation
Documentation showing the service providers or vendors contacted, including the vendor's name, address, telephone number, who provided the quote, the date contacted, and the prices quoted, must be maintained in the project's files for audit purposes. A minimum of three (3) vendors or two (2) State certified small businesses should be contacted.
2. Formal Advertising
Contracts and procurements for purchases $5,000 or over require formal advertising. In this process, a bidder is selected based on material submitted in a response to an Invitation for BSCC Grant Administration Guide Page 36 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Bid (IFB) or RFP only. IFBs/RFPs must clearly define all requirements the bidder must fulfill for the bid or offer, which will be evaluated by the project. Bidders are not allowed to discuss or clarify any points after their bids have been submitted. A firm, fixed-price contract results with no face-to-face negotiation.
a) Invitation for Bid (IFB)
An IFB is used to solicit prices for services or goods based on definitive specifications. It must include a clear and accurate description of the technical requirements for the services, (Contracts) to be produced, or the material or product, (Goods) to be procured.
The description must not contain features that unduly restrict competition.
Using clear and precise specifications is crucial in formal advertising because it ensures that all bidders will have a complete and consistent understanding of what is required.
Accurate descriptions of the requirements make certain that bidders will not have varying interpretations and in turn, they will accurately account for all costs in their responses, including any timelines, and all programmatic requirements. b) Request for Proposals (RFP)
RFP often does not provide a detailed description of what is to be provided. It is designed to solicit a proposal from bidders to solve a stated problem or meet a stated need. The proposal is the product of the bidder's creative thoughts and provides the detailed approach and description of what is to be accomplished or produced, as well as a price for the services or goods to be provided .
RFP should include:
• A clear statement of the problem to be solved;
• Realistic terms as to what the contractor is to accomplish; • Time schedules, including dates for awarding the contract, commencement of performance, submission of progress reports, and completion; • Payment plans and schedule, as appropriate; and
• Proposal Requirements for Bidders:
• Description of qualifications, description of lead personnel, amount of time and personnel to be expended, and equipment and facilities to be utilized; • Description of techniques to be used in solving the stated problem or meeting the stated need; and
• Total cost of the contract.
3. Contract and Procurement Awards
July 2023
Contract and procurement awards must be made to the responsible contractor or vendor whose bid or offer is responsive to the solicitation and is most advantageous to the project, as well price and other factors considered.
Any or all bids or offers may be rejected when it is in the project's best interest to do so, and such rejections are also in accordance with applicable federal , state, and local laws or ordinances, rules , regulations, and policies.
Consideration should be given to such matters as contractor integrity, record of past performance, financial and technical resources , and/or accessibility to the necessary resources. A bidder is considered responsible when it has been established that the bidder has the technical capability, financial capacity, sufficient staff, a satisfactory record of past performance, and is otherwise qualified and eligible. For contracts greater than $25,000, you
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must also verify that the contractor has not been suspended or debarred from participation in federal awards prior to entering into the contract.
4. Cost Price Analysis
All procurements and/or contracts funded by federal grant awards must have a cost or price analysis performed and maintained on file. The cost/price analysis is written documentation demonstrating the reasonableness of the proposed price of the contract or procured item.
Specifically:
• Price analysis is the process of examining and evaluating a proposed price without evaluating its separate elements of cost to determine the price is reasonable. It is generally used for simple procurements for which there is adequate catalog pricing and market com petition.
• Cost analysis is the review and evaluation of separate elements of cost and profit or fee in a contractor's proposal. A cost analysis is required when a bidder is required to submit the elements of his estimated cost, e.g. on consulting contracts for professional services.
A cost analysis is necessary whenever competition is lacking, and for non-competitive bid procurements, contract modifications and change orders.
The method and degree of cost/price analysis is dependent on the facts surrounding the particular procurement situation. In addition to price, examples of factors that can be taken into consideration include items such as:
• The ability, capacity and skill of the bidder to perform the contract or provide the service required ;
• Whether the bidder can perform the contract or provide the service promptly or within the time specified;
• The warranty, product life expectancy and/or the ability of the bidder to provide future maintenance and service of the item being procured.
C. NON-COMPETITIVE BID REQUESTS
A Non-Competitive Bid (NCB) transaction shall be defined as a contract for goods or services, where only a single source that can provide the services or goods is afforded the opportunity to offer a price for the specified services or goods. Contracts sometimes include goods as well as services, and this definition will also apply to those circumstances.
The project must maintain documentation for justification of NCB contracts under $5,000, including professional services and consulting contracts. The documentation must include the information outlined in this section, support the conditions listed below, and be maintained on file at the project's offices. Prior approval is required for NCB contracts of $5,000 or over.
1. Conditions of an NCB
NCB must meet at least one of the following conditions:
• When the goods or services required are available from only one contractor/ vendor; • When an IFB or RFP produces only one qualified bidder; • Emergency in nature (the contract is necessary for immediate preservation of public health, welfare or safety);
• The contractor meets a temporary or time limited employment need; • No payment is made for services rendered; only per diem and travel is paid; • The contract is solely for the purpose of obtaining expert witnesses for criminal trials; BSCC Grant Administration Guide Page 38 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 • There is a maintenance agreement for equipment that is under documented warranty or where there is only one authorized or qualified representative or where there is only one distributor in the area for service;
• Proprietary software contracts;
• The contractor possesses unique features or is uniquely positioned to supply the required service; or
• To provide interim services while conducting competitive bid.
2. NCB Justification Procedure
July 2023
All NCB contract for services or purchases of $5,000 or over must be justified and have prior written approval from BSCC. A justification statement must be presented in the format provided in the next section. Source documentation as to how the NCB was determined must be on file and available for audits. The checklist will not be considered source documentation. a) Justification Procedure - Contracts
Include a brief description of the program or project and the services being contracted.
This information must include the Grant Award number, contract amount, and pertinent background data.
1) Need and Price Determination
Explain the necessity to contract non-competitively and how the price for the contract was determined, including:
• Expertise of contractor;
• Management capabilities to perform the tasks required; • Contractor's responsiveness to need identified by the project; • Contractor's relevant knowledge and experience; and
• Justification of the reasonableness of the cost. The following factors will be used in determining that the costs are justified:
o Cost information that has sufficient detail to support and justify the contract; o Cost information for similar services with differences noted and explained; o Special factors affecting the cost of the contract.
2) Uniqueness of Contract
Explain the uniqueness of the contract, including:
• Patents, copyrights;
• Facilities, investments; or
• Continuation of an existing project.
3) Time Constraints
• Explain any time constraints including:
• When contractual coverage is required and why;
• Impact on project if dates are not met; and/or
• Time required for another contractor to reach the same level of competence.
Equate to dollars, if possible.
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b) Justification Procedures - Procurement
Justification must include a description of the product to be purchased, the need for the specific brand and its relationship to the project. This information must include the Grant Award number, the cost or purchase amount and pertinent background data. It should explain the necessity of the purchase and how the price for the product was determined. c) One Bid Received or Considered Responsive
In a situation where NCB is necessary because only one bid or proposal has been received or considered responsive, the following additional information is required:
• A copy of the IFB or RFP and the bidder's list;
• A description of the method used to solicit responses. Copies of newspaper ads and information outlining the development of the bidder's list must be included; • A description of the follow-up activity performed to determine why other contractors did not submit a bid; and
• An explanation as to why it was not put out to bid again.
D. ELEMENTS OF A CONTRACT OR PURCHASE ORDER/DOCUMENT
A contract or purchase order/document defines the relationship or agreement between the project and the contractor or vendor. All contracts and purchase orders/documents must be prepared in accordance with existing State policies and clearly define the responsibilities of all parties.
1. Minimum Requirements
At a minimum, a contract or purchase order/document must include the following :
• Designation of the parties to the contract or the agreement; • Term of the contract (period of performance) or agreement; • Maximum amount and basis upon which the payment is to be made under the terms of the contract or agreement;
• For procurements - clear definition of the types and quantities of the products to be delivered including delivery schedules;
• For contracts - clear and complete statement of the work or services to be performed, rendered, or provided;
• Payment schedule based upon satisfactory delivery of services and/or goods at predetermined intervals including the amount or percentage of total payments to be withheld pending satisfactory completion for all terms and conditions of the contract or agreement;
• Penalty clauses (punitive measures for when the contract is not being fulfilled). • Termination for cause/convenience clause describing the manner by which the contract may be terminated, the basis for settlement, and conditions under which the contract may be terminated for default or because of circumstances beyond the control of the contractor; • A provision that allows BSCC, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representative, access to any books, documents, papers and records of the contractor which are directly pertinent to the program for the purpose of making audits, examinations, excerpts and transcriptions , for all contracts greater than $100,000; and
• Compliance with Equal Employment Opportunity per Executive Order 11246 as amended by Executive Order 11375 and supplemented at 41 CFR 60 (required on all CBO BSCC Grant Administration Guide Page 40 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 contracts, and on all governmental entity construction contracts awarded in excess of $10,000).
2. Additional Requirements for Contracts with Governmental Entities Governmental entities have additional requirements, and must include the following provisions in all contracts as noted below:
• Notice of BSCC reporting requirements;
• Notice of BSCC requirements pertaining to patent rights, copy rights and rights in data; • Compliance with the Energy Policy and Conservation Act; • Compliance with the Clean Air, Clean Water, and Environmental Protection Agency regulations (contracts in excess of $100,000);
• Access to any books, documents, papers and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions;
• Retention of all required records for three years after all final payments are made and all other pending matters are closed; and
• Retention of all required records for three years after Grantee makes final payments and all other pending matters are closed.
E. SELECTING A CONTRACTOR
Each proposal or bid should be evaluated to determine the proposal that will best meet the project's needs. The following are some criteria that should be included in the evaluation :
• Does the bidder understand the project's stated problems or needs? • Is the approach to the problem or need reasonable and feasible? • Does the bidder have the organizational , financial solvency, resources, and experience to perform the assignment? Has the bidder had experience in similar areas? • What are the professional qualifications of the personnel committed to the contract? • Is the bidder on the federal suspension and debarment list? • What is the total cost?
F. INDEPENDENT CONTRACTOR/CONSULTANT
Consultant services are either provided on a contractual or salary basis by individuals or organizations that are not employees of the project. Services provided by a salaried employee of an agency identified in an Operational Agreement (OA) are not considered consultant services.
Independent contractors must not be used in lieu of employees. If the contract is $5,000 or over, the project must hire the independent contractor through Competitive Bid or submit a NonCompetitive Bid (NCB) request to BSCC for prior approval. If the contract is less than $5,000, the project must maintain documentation for justification of the NCB contract.
Independent contractors are defined as individuals or organizations that meet any of the following criteria:
• Produce a specific product or service;
• Work independently without direct supervision from the project; • Work on specific projects;
• Provide services for a limited number of hours or period of time; and/or • Have no agency management or oversight responsibilities that are directed toward the financial success or direction of the agency.
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There must be a signed, written agreement between the organization and independent contractor specifying the contract period, compensation rate, duties or obligations, and any other conditions of employment.
For more guidance, see California Department of General Services, State Contracting Manual Vol. 1 (April 2015) available at http://www.dgs.ca.gov/ols/Resources/StateContractManual.aspx.
G. RATES
The rate is to be negotiated by the Grantee in accordance with the agency's consultant hiring policies. The rate is the total amount payable including any and all benefit.
Grantee must ensure that the per-day rate (excluding travel and per diem cost) paid to independent contractors is reasonable. An eight-hour day may include preparation, evaluation and travel time in addition to the time required for actual performance.
1. Exception to Rates
Compensation for independent contractors employed by state and local governments will be allowed when the unit of government will not provide their services without costs. In these cases, the rate of compensation is not to exceed the daily salary rate paid by the unit of government.
2. Expert Witness Fees
Prosecution or criminal defense projects, routinely using "expert witnesses" as independent contractors to conduct evaluations and provide expert testimony in the courtroom. These kinds of projects may only charge for costs above that which the county is required to cover.
The total amount budgeted for expert witness fees must not exceed ten percent (10%) of the project's total budget.
Written justifi'cation for proposed expert witness cost must accompany a modification if not previously approved in the Grant Award. The justification must include the following:
• Qualifications, training, and experience of the expert(s), including a statement regarding recognition by the court of the individual as an expert; • Specialized certification/license [e.g., Masters in Social Work (MSW), Licensed Clinical Social Worker (LCSW), Marriage, Family and Child Counselor (MFCC), Medical Doctor (MD)];
• Rate of pay per hour, including documentation of a survey of the availability of similar consultants, the current "going rate," the proposed rate of pay, as well as a cost breakdown if the expert is paid according to services (e.g., mileage, waiting time, court testimony); • Proposed services to be provided (e.g., analysis of forensic evidence, psychological evaluation); and
• Reason why this cost cannot be paid with county or other funds.
H. CONTRACT LIMITATIONS
Specific provisions for contracting with individuals, other government units, and non-government organizations are as follows:
• Organizations funded by BSCC shall comply with IRS requirements related to consultants ; • Public officers or employees of a state or local government entity cannot be individual contractors if they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any state, local agency, or department;
• Travel and per diem costs must be in conformance with project policies; BSCC Grant Administration Guide Page 42 July 2023
Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 • Preparation and travel time may not be included without adequate written justification; and • Equipment purchases and/or leases may not be included in consultant contracts.
I. CONTRACT PROVISIONS
Consultant contracts must adhere to, but are not limited to the following:
• Applicable requirements of the terms of the program must be incorporated into all consultant contracts;
• The project must require source documentation of consultants that supports contract billings.
Time and attendance reports must support hours charged. Travel vouchers detailing the purpose, time, and destination must support travel claims. Purchase orders, invoices, etc., must support operating expense claims. These requirements do not apply to fixed fee contracts;
• Compensation, travel, and per diem rates must be specified in the consultant's contract and must comply with those of the project or be more restrictive; • Performance must be measurable. Objectives and timetables must be clearly stated. Progress reports must be required, at least quarterly, to ensure services are provided in compliance with the contract;
• Dual compensation (i.e., payment to a party more than once for the same work) must be specifically excluded; and
• Settlement of disputes between the project and the consultant is the responsibility of the project. BSCC is not responsible or obligated to or for the consultant and will not intervene in disputes between the consultant and the project.
J. DRUG-FREE WORKPLACE CERTIFICATION REQUIREMENTS
It is the Grantee's responsibility to ensure that all subcontractors paid by BSCC grant funds must comply with the provisions of Section 3.E. The subcontractors must notify their employees that they are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of controlled substances.
8. OPERATIONAL AGREEMENTS - PUBLIC ENTITIES
Definition: An Operational Agreement (OA) is a formal agreement between an implementing agency and one or more partner agencies. It is also referred to as a Memorandum of Understanding (MOU) or Letter of Intent. An OA or MOU is not a contract for goods and/or services because partner agencies are active participants in the implementation of the project.
A. ESTABLISHING OPERATIONAL AGREEMENTS
An OA or MOU may be required by the terms of the program. Grantees should refer to the terms of the applicable RFA or RFP for instruction. Unlike the procurement process, Implementing Agencies are not required to use a competitive bid process to select partner agencies for an OA.
Implementing Agencies are expected to select partner agencies that are the best equipped to support the implementation of the project.
8. ELEMENTS OF AN OPERATIONAL AGREEMENT
The sample OA form provided in the RFP or RFA may be used as a reference. The following elements must be included in the OA:
• Name of the Implementing Agency and the partner agency in the OA, • Titles and contact information for the primary contacts for each partner, • Time frame,
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• Roles and responsibilities of the Implementing agency and each partner agency, • Specific information concerning all fiscal transfers. The OA must include the total amount of grant funds that will be transferred to each partner agency, the process for transferring such funds, the use of such funds, and any match provided by the partner agency. Any funds included in the OA must be clearly designated in the Grant Award budget, • Specific information concerning all non-fiscal resources shared between the Implementing Agency and a partner agency. This includes shared equipment, staff time, office space, or other resources contributing to the implementation of the project, • Reporting requirements to collect information necessary from each partner agency to meet BSCC reporting requirements; and
• Dated signatures of the chief executives or designees of the Implementing Agency and each partner agency.
C. REQUIREMENTS OF PARTNER AGENCIES
Grantees must ensure that partner agencies that receive grant funds comply with all applicable the terms of the program and this Guide on the use of grant funds .
9. PUBLICATIONS: MULTI-MEDIA MATERIALS, COPYRIGHTS AND PATENTS A. DEFINITION
The term "publications" includes brochures, posters, videotapes, DVD/CDs, or other multi-media materials. It does not include transient information published solely on a project's web site.
8. BSCC REVIEW
Where activities supported in part or in whole with BSCC grant funds produce original publications, the Grantee must notify BSCC 60 calendar days in advance of any intended publication. This notification must be in addition to the Grant Application and subsequent award.
Upon request from BSCC, the project must submit a request for approval for the materials to be published.
In response, BSCC may request to review the publication. The project may not publish the material until BSCC provides final written approval. If BSCC approves the material, the Grantee must furnish BSCC with two (2) copies of the final product within 30 calendar days of publication.
C. INCOME RESULTING FROM SALE OR DISTRIBUTION
As long as BSCC maintains ownership of the publication, any income resulting from the sale or distribution of publications produced in part or in whole by BSCC grant funds is considered project income and is subject to the provisions of Section 13.
After disposition and transfer of title, no report of income generated by the publication will be necessary unless otherwise required by BSCC.
BSCC reserves the right to retain ownership and require additional reporting of generated income beyond the Grant Award period or cycle on exceptional publications as deemed necessary.
D. TRANSFER OF PUBLICATION TITLE
After the completion of the Grant Award period or funding cycle (whichever is later), transfer of title and/or copyright may be approved by the BSCC upon certification that any profits derived from or generated by the publication will be used for criminal justice related activities, or to further the original intent of the grant project. In determining whether or not to approve transfer of title, BSCC Grant Administration Guide Page 44 July 2023
Docusign Envelope ID: 27O67330-B342-8F8E-8072-C93CFCD77C05 the BSCC will consider programmatic and fiscal performance conditions, the potential for project income, the applicability, and cost to the field in general.
E. CREDITS AND DISCLAIMERS
Publications produced in part or in whole with grant funds may require the following credit reference:
"This publication was financially assisted by the Board of State and Community Corrections (BSCC)."
Publications produced in part or in whole with state or federal funds will require the following credit reference:
"This project/publication was supported by funding awarded by (state/federal grant fund) (grant number) through the Board of State and Community Corrections (BSCC)." BSCC may also require that the publication include the following disclaimer statement:
"The opinions, findings, and conclusions in this publication are those of the author and not necessarily those of the BSCC. The BSCC reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use these materials and to authorize others to do so." The BSCC reserves the right to require additional information in the publication. These statements must be placed in a visible location at the beginning and/or end of the published materials.
Projects producing publications should consult their assigned BSCC Program Analyst to coordinate the appropriate credit reference.
F. COPYRIGHTS AND RIGHTS IN DATA
All activities supported under the Grant Award Agreement are considered "work made for hire" as defined under Title 17 USC Section 101 , and shall include, but are not limited to, publications, original computer programs, writings , sound recordings , pictorial reproductions , drawings or other geographical representations and works of any similar nature. With regard to any "work made for hire," the BSCC owns all rights comprised in the copyright, and therefore the BSCC reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so.
G. PATENTS
If any discovery or invention arises or is developed in the course of, or as a result of, work performed, in whole or in part, with BSCC grant funds , credit of the discovery or invention must be given to the BSCC as provided in subsection E. Determination of rights to inventions or discoveries shall be made by the BSCC, or its duly authorized representative, who shall have the sole and exclusive power to determine whether or not and where a patent application should be filed , and to determine the disposition of all rights to such inventions or discoveries, including title to and license rights under any patent application or patent which may be issued.
In all cases, the BSCC shall acquire at least an irrevocable, nonexclusive, and royalty-free license to practice and have practiced anywhere without limitation, for governmental purposes, any invention made with the BSCC grant funds.
10. GRANTEE FINANCIAL INVOICES
Generally, disbursement of grant funds occurs on a reimbursement basis for actual program costs incurred during a reporting period . Depending on the requirements of the grant program, invoices are submitted on a quarterly or monthly basis. Some state funded grants allow advance payments.
Grantees should check their Grant Agreement for invoicing requirements.
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A. EXECUTION OF GRANT AGREEMENT
Grantees may invoice only after the Grant Agreement (contract) is fully executed. A fully executed contract meets the following conditions:
• The face page (Form Std. 213) has been signed by both the Grantee and the BSCC. • All required attachments and appendices (per the RFP) are signed, approved, and on file at the BSCC.
When a fully executed contract is in place, Grantees may begin submitting invoices (BSCC Form 201) for actual costs incurred during the grant cycle. Costs incurred prior to the start date of the grant cycle (as listed on the face page of the contract) cannot be charged against the grant.
8. GUIDELINES AND REQUIREMENTS OF THE INVOICE PROCESS
1. Disbursement of Funds
Disbursement of grant funds may occur only after:
• The Grant Agreement has been fully executed;
• The grant cycle has begun;
• The State Budget has been enacted and includes spending appropriation for the grant program (applies to state and federal grants); and
• The BSCC has received the appropriate form (Financial Invoice (BSCC Form 201 or Advance Payment Invoice (BSCC Form 201A)) requesting reimbursement or disbursement of funds.
Any variance from this procedure will be described in the grant agreement.
2. Grantee Certification of Invoice
• Invoices must be submitted by the Project's Authorized Financial Officer (AFO). The AFO must certify that each invoice submitted to the BSCC is accurate and reflects actual expenditures incurred by the project.
• The person preparing the invoice and the person certifying the invoice cannot be the same person. Since the AFO must certify the invoice, someone other than the AFO must prepare the invoice.
• Failure to submit an accurate financial invoice in a timely manner may result in payments being withheld, delayed, or denied.
• For Grantees that received an advance payment, failure to submit an accurate financial invoice in a timely manner may result in the grantee being transitioned to a reimbursement model of payment. It may also result in payments being withheld, delayed, or denied.
3. Address for Receiving Payment
• All warrants will be mailed to the designated payment mailing address indicated on the Payee Data Record (Std. 204), Applicant Information Form of the RFP and under Project Officials in the Grant Agreement.
• If the designated payment mailing address changes, notify the BSCC immediately. The BSCC must have an approved address change on file before warrants will be mailed to the new address.
4. General Requirements for the Financial Invoice (BSCC Form 201) • Grantees must submit a Financial Invoice by the due date listed in the Grant Agreement for each reporting period of the grant cycle, regardless of whether funds are used or requested.
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Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 • The Grantee must expend or be obligated to expend funds before claiming an expenditure on the Financial Invoice.
• Grantees may only claim expenditures or encumbrances on a financial invoice that were incurred between the start date of the grant cycle and the end date of the current reporting period.
• Grantee understands any overpayment of funds will be deducted from current or future invoices. If overpayment exists at the end of the grant, grantee shall reimburse the BSCC. • BSCC Form 201 will not allow over expending in any line item. If funds need to be moved from one-line item to another, the grantee must submit a modification request (See Section 14, Amendments, Changes, and Modifications) and the request must be approved by the BSCC.
• Double billing - projects are prohibited from billing other federal, state, or local agencies for goods and/or services that have been billed and/or reimbursed to the project by the BSCC
• Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose.
• Any other requirements will be included in the Grant Agreement.
5. Use of Funds, Encumbrances, and Liquidation
July 2023
a) Authorized Use of Grant Funds
Grant funds (and contributed match) may only be used for the purpose(s) authorized in the Grant Award and must be accounted for as specified in the Grant Agreement and in this Guide.
The grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures and eligible project costs.
b) Definition of an Encumbrance
In general, an encumbrance occurs when funds are set aside to pay for an expense. It is an accounting transaction , which should be recorded appropriately. The funds are committed to a specific use and are no longer available for other expenditures.
Since the goods or services have not been received, the project legally owes nothing to the vendor or supplier.
An encumbrance is defined by the following three characteristics:
• The expenditure is approved in the original budget or subsequent approved modification of the original budget;
• A formal written order or request (i.e., requisition) is approved by the Project Director or designated official prior to the end of the grant cycle; and • A purchase order/contract has been submitted to the vendor or supplier of goods or services.
c) Liquidation Period
The BSCC has a liquidation period (generally 90-calendar days) immediately following the end of the grant cycle. This liquidation period exists to allow the BSCC time to reconcile grantee expenditures and encumbrances. The Grantee may not incur or claim any new expenses or obligations after the end date of the grant cycle or during the liquidation period. All services and deliverables must occur before the end date of the grant project cycle as listed in the Grant Agreement.
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d) Final Financial Invoice
The BSCC will use the final Financial Invoice during the liquidation period to reconcile all expenditures. All final expenditures must be claimed and submitted to the BSCC by the last invoice due date listed in the Grant Agreement. In order for expenditures to be claimed on the final invoice, these expenditures must have: (1) met the definition of an expenditure or encumbrance and (2) been financed by an encumbrance recorded prior to the end of the grant cycle (recorded = formal entry in accounting records).
C. ADVANCE PAYMENT GRANTS
The BSCC may provide advance payment of grant funds under certain programs. If advance payment is allowed, the BSCC will disburse funds based on a prescribed schedule as defined in the RFP and Grant Agreement.
1. Accounting and Interest
a) The grantee shall agree to deposit advanced grant funds into a banking account established by the grantee. Grant funds must be clearly differentiated from any other funds within the banking account and tracking of the grant funds, separate and apart from any other funds in the account, must be readily available.
b) Any interest earned on the account must be reported on the Financial Invoice. c) Earned interest is project income. It may only be used for allowable expenses during the grant period . Prior to spending project income, grantees must complete an Income Allocation Modification before expending any earned interest.
2. Invoicing Requirements
a) Grantees receiving advance payments are required to follow all the requirements and guidelines listed above in B. Guidelines and Requirements of the Invoice Process plus any additional requirements listed in the Grant Agreement. b) Grantees must submit an invoice for each reporting period by the due dates prescribed in the Grant Agreement, whether or not funds were expended. c) Any unspent funds at the end of the grant period must be returned to the BSCC within 120 days.
D. LOCATING, DOWNLOADING, AND SUBMITTING THE FINANCIAL INVOICE
1. Where to Find the Financial Invoice (BSCC Form 201)
The Financial Invoice form is part of the Invoice Workbook, an Excel workbook used to track all elements of the grantee budget throughout the grant cycle, including advance payments, invoices, budget modifications, project income allocation, and changes to line-item narratives.
Within the Invoice Workbook there is a Financial Invoice (BSCC Form 201) worksheet for each invoice reporting period as listed in Exhibit B of the Grant Agreement.
2. Where to Find the Invoice Workbook
Grantees can locate the Invoice Workbook for their grant on the BSCC website by clicking Grantee Invoicing under Quick Links on the Corrections Planning and Grant Programs (CPGP) Division page: http://www.bscc.ca.gov/s cppgrantinvoicing/. Grant programs are listed alphabetically. Links to the Invoice Workbooks are located under each grant program heading.
3. Downloading and Saving the Invoice Workbook
The Invoice Workbooks are password protected. The password for the invoice will be provided to you by BSCC staff, as applicable.
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Docusign Envelope ID: 27D67330-B342-8F8E-8072-C93CFCD77C05 Upon approval of each invoice the BSCC analyst assigned to your grant program will update and upload the current Invoice Workbook to the Grantee Invoicing page before the next reporting period. Prior to submitting an invoice, grantees should ensure they have downloaded the workbook with the most current budget information. If the most current invoice workbook has not been uploaded contact the BSCC analyst assigned to your grant program .
Important note: do not work in the invoice workbook in a web browser. Always download and save the invoice workbook to a local computer before making any changes. Detailed instructions for downloading are located on the instruction tab of the invoice workbook.
4. Submitting the Financial Invoice
Detailed instructions for completing and submitting the financial invoice (BSCC Form 201) are located on the INSTRUCTIONS worksheet in the invoice workbook. Note: It is helpful to print the instruction page for reference before working in the invoice.
The Financial Invoice is set up for automated submission. a) Enabling Macros
There are functions within the invoice workbook that require the use of macros. A macro is a series of commands and/or functions, such as calculations, that are embedded within the Excel file. In most cases, Excel will prompt the user to enable macros. When this prompt appears, click "enable."
Note: enabling macros for the invoice workbook will not compromise the security of the local system or the security of the agency's network. If the prompt to enable macros does not appear, contact your IT department to assist.
b) Microsoft Outlook
The invoice submittal process relies on the configuration of Microsoft Outlook on a local computer. If Microsoft Outlook is not available on the computer on which you are working, contact the assigned CPGP Program Analyst for technical assistance.
If you need further assistance with the invoice process, including technical assistance, contact the CPGP Program Analyst assigned to your grant program.
11. ACCOUNTING SYSTEMS
A. ACCOUNTING SYSTEM AND STRUCTURE
1. Accounting Policies and Procedures
Grantees must establish and maintain documented accounting policies and procedures. At a minimum, documented policies and procedures should speak to the organization's ability to provide adequate safeguards of grant funds. Overall, the accounting system should conform to Generally Accepted Accounting Principles (GAAP) as required in Title 2 of the Code of Federal Regulations, Grants and Agreements.
2. Accounting Systems
July 2023
Grantees are required to establish and maintain an accounting system that, at a minimum, includes a general ledger accounting structure, secondary accounting records , and procedures that define how and by whom the funds are handled. The accounting records must identify the receipt and the expenditure of all BSCC grant and/or match funds.
Grantees are required to maintain an accounting system that meets the following conditions:
• Fully records the amount and disposition of all project grant award funds,