STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC130824 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1308-24
1. This Ag reement is entered into between the Cont racting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
City of Menifee
2. The term of this Agreement is:
START DATE
JULY 15, 2024
THROUGH END DATE
SEPTEMBER 30, 2026
3. The ma
ximum amount of this Agreement is:
$112,512.00
4. The pa rties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this
reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Sco pe of Work 4
Exhibit B Bud get Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D S pecial Terms and Conditions 4
Exhibit E FY 2022-2023 B yrne State Crisis Intervention Program (SCIP) Federal Conditions 19 Attachment 1* B yrne State Crisis Intervention Program (SCIP) Grant Request for Proposals * Attachment 2 Byrne SCIP Grant Proposal 18
Appendix A B yrne SCIP Advisory Board Roster 1
Appendix C Ke y Partner Commitment Form(s) 1
Appendix D Criteria for Non-Governmental Or ganizations Receiving Subawards 2 Appendix E Governin g Board Resolution
Appendix F Certification of Compliance with BSCC Policies Regarding Debarment, Theft, Fraud, & Embezzlement 1 Appendix G Pro ject Work Plan 2
* This item is hereby incorporated by reference and can be viewed at:
https://www.
bscc.ca.gov/byrne-state-crisis-intervention-program/
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF MENIFEE
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
29844 Haun Road Menifee CA 92586
TITLE PRINTED NAME OF PERSON
SIGNING Armando G. Villa City Manager
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
City of Menifee
BSCC 1308-24
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
1. GRANT AGREEMENT – Byrne State Crisis Intervention Program (SCIP) Grant This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of Menifee (hereafter referred to as the Grantee or Contractor).
2. P
ROJECT SUMMARY AND ADMINISTRATION
A. The goal of the BSCC Byrne State Crisis Intervention Program funding is to develop a multipronged approach to decreasing gun violence in California, supporting local jurisdictions in their efforts to improve firearms relinquishment procedures and supporting the enhancement of programs that address behavioral health issues, with a focus on people who are at higher risk for gun violence.
B. G
rantee agrees to administer the project in accordance with Attachment 1: Byrne State Crisis Intervention Program (SCIP) Grant Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Grant Proposal, which are attached and hereto and made part of this agreement.
3. P
ROJECT 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 relati ng
t
o any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Armando Villa
Title: City Manager
Address: 29844 Haun Road, Menifee, CA 92586
Phone: (951) 723-3700
D
esignated Financial Officer authorized to receive warrants:
Name: Margarita Cornejo
Title: Deputy Finance Director
Address: 29844 Haun Road, Menifee, CA 92586
Phone: (951) 723-3716
Email: [email protected]
P
roject Director authorized to administer the project:
Name: Christopher Karrer
Title: Chief of Police
Address: 29714 Haun Road, Menifee, CA 92586
Phone: (951) 723-1530
Email: [email protected]
C. E
ither 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.
City of Menifee
BSCC 1308-24
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Byrne SCIP Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Grant Proposal.
5. RE
PORTING 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:
Q
uarterly Progress Report Periods Due no later than:
1. July 15, 2024 to September 30, 2024 October 15, 2024
2. October 1, 2024 to December 31, 2024 January 15, 2025
3. January 1, 2025 to March 31, 2025 April 15, 2025
4. April 1, 2025 to June 30, 2025 July 15, 2025
5. July 1, 2025 to September 30, 2025 October 15, 2025
6. October 1, 2025 to December 31, 2025 January 15, 2026
7. January 1, 2026 to March 31, 2026 April 15, 2026
8. April 1, 2026 to June 30, 2026 July 15, 2026
9. July 1, 2026 to July 15, 2026 July 31, 2026
N
ote: Project activity period ends July 15, 2026. The period of July 16, 2026 to September 30, 2026 is for completion of Final Local Evaluation Report and financial audit only.
B. E
valuation Documents Due no later than:
1. Local Evaluation Plan December 31, 2024
2. Final Local Evaluation Report September 30, 2026
6. P
ROJECT RECORDS
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.
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.
City of Menifee
BSCC 1308-24
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
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. CON
FLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Byrne SCIP Advisory Board (See Appendix A) from receiving funds from the grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Byrne SCIP Advisory Board membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Byrne SCIP Advisory Board.
B. In cases of an actual conflict of interest with an Advisory Board member, 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. AUDI
T
Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction ther
eof, for the entire three-year grant cycle. Grantees may choose either a program-specific audit or a single federal audit. Federal guidelines allow grantees receiving $750,000 or more in federal funds in a fiscal year to use their federal justice assistance grant funds to pay for the cost of the audit. Grantees falling below the $750,000 threshold must use non- federal funds (i.e., match funds) to pay for audit costs. For purposes of this grant award grantee is required to check one of the boxes below to indicate how they will meet the audit requirement. In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures, Chapter 23, Grant Accounting Index, the identified grant will be included in the City/County Single Federal Audit Report, which will be submitted to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.
OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures Chapter 23, Grant Accounting Index, the grantee will provide a Program-Specific Final Audit Report to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.
OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the non-governmental entity grantee does not expend $750,000 or more in total federal awards during the fiscal year and is therefore, exempt from Federal audit requirements for this grant contract period. However, the entity understands that it must keep and maintain the grant X
City of Menifee
BSCC 1308-24
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
records and make them available for review or audit by appropriate officials of the Federal agency, pass -through agency (i.e., the Board of State and Community Corrections) and Governmental Accountability Office.
9. UNI
QUE ENTITY IDENTIFIER (UEI)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active registration of their Unique Entity Identifier (UEI) number, used for this Grant Agreement, throughout the term of the contract. An active UEI number is also required to remain in compliance with the Federal Funding Accountability and Transparency Act (FFATA), a reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation.
City of Menifee
BSCC 1308-24
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
1. 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. July 15, 2024 to September 30, 2024 November 15, 2024
2. October 1, 2024 to December 31, 2024 February 15, 2025
3. January 1, 2025 to March 31, 2025 May 15, 2025
4. April 1, 2025 to June 30, 2025 August 15, 2025
5. July 1, 2025 to September 30, 2025 November 15, 2025
6. October 1, 2025 to December 31, 2025 February 15, 2026
7. January 1, 2026 to March 31, 2026 May 15, 2026
8. April 1, 2026 to June 30, 2026 August 15, 2026
9. July 1, 2026 to July 15, 2026 August 15, 2026
Fi
nal Invoicing Periods: Due no later than:
10. July 16, 2026 to September 30, 2026 November 15, 2026 *
Note: Only expenditures associated with completion of the Final Local Evaluation Report and t
he financial audit may be included on the invoice.
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, July, 15 2026, and included on the invoice due August 15, 20 26. Project expenditures incurred after July 15, 2026 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by September 30, 2026. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of July 16, 2026 to S
eptember 30, 2026 must be submitted during the Final Invoicing Period(s), with the final invoice due
on November 15, 2026. 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. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
E. 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.
2. GRANT AMOUNT AND LIMITATION
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
City of Menifee
BSCC 1308-24
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
A. Funding for Byrne SCIP was appropriated as part of the supplemental appropriations enacted under Division B of the Bipartisan Safer Communities Act. It is mutually agreed that if the Budget Act of the current year and/or any subsequent year covered under this Grant Agreement does not appropriate funds for the purposes of this program, this Grant Agreement shall be of 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.
B. Thi s Grant Agreement is valid and enforceable only if sufficient funds are made available by the United States Congress. Grantee agrees that the BSCC’s obligation to pay any sum to the Grantee under any provision of this agreement is contingent upon the av ailability of sufficient funds.
C. If Byrne SCIP funding is reduced or falls below estimates contained within the Byrne SCIP 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.
D. 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(B), 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 requir ed 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, which can be found under Grantee Resources here
:
ht
tps://www.bscc.ca.gov/s_correctionsplanningandprograms/ 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 recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
City of Menifee
BSCC 1308-24
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
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 final 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.
City of Menifee
BSCC 1308-24
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
7. PROJECT BUDGET
Project Budget
Line Item
1. Salaries and Benefits $15,112
2. Services and Supplies $8,000
3. Professional Services $76,500
4. Non-Governmental Based (NGO) Contracts $0
5. Fixed Assets/Equipment $0
6. Date Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award
$5,650
7. Other (including training, travel, etc.) $7,250
8. Indirect Costs $0
TOTAL $112,512
City of Menifee
BSCC 1308-24
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
1. A
PPROVAL: 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 an d
i
n the manner herein provided. In the event of such termination the State may proceed with the work i
n 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 th e per
formance 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, th e m
inimum, 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 City of Menifee
BSCC 1308-24
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
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, 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 s hall 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 t he
doc
ument CCC 04/2017 ar e hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. T IMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be i n c
ompensation 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 City of Menifee
BSCC 1308-24
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective 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
i
njured 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 unenforceabl e
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 P
ub. 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.
C
ode § 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) City of Menifee
BSCC 1308-24
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
that all payments under the Contract have been made to the DVBE; and (5) the actual 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 f
ollowing 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).)
City of Menifee
BSCC 1308-24
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
1. GRANTEE’S GENERAL RESPONSIBILITY
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:
Byrne SCIP Request for Proposals and Attachment 2: Byrne SCIP Grant Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that aris e
dur
ing 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.
B. Compliance with Federal Laws and Regulations
The Grantee hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines and requirements, including any federal conditions, which are included in this Grant Agreement as Exhibit E.
C. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant Proposal, documents, amendments, approved modifications, and communications fil ed i
n support of its request for grant funds.
D. 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 relati on bet
ween 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 BSCC'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 Byrne SCIP RFP and described in Appendix B.
City of Menifee
BSCC 1308-24
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
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:
1) Books and Records
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 s uc h
det
ail 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)
y
ears 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) A
ccess 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 represen tative s
dur
ing 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 relat ed 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 includi ng
t
hose maintained by subcontractors. Access to program records will be made available by both the gr
antee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. All funds received by the Grantee shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. 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. Federal Audit Requirement: Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. See Exhibit A: Scope of Work, Section 8. Audit, for federal audit requirements.
C. 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.
City of Menifee
BSCC 1308-24
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
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.
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: Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant 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:
Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant 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 City of Menifee
BSCC 1308-24
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
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 dec ision 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 (or t he 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 Div ision 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 Agr eement. 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. 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.
City of Menifee
BSCC 1308-24
EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
1. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and r
equirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Titl e
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
2. C
ompliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
3. A
pplicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate t o
O
JP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
R
ecord retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the dat
e of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 City of Menifee
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EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
4. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
5. Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm ), and incorporated by reference
into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its City of Menifee
BSCC 1308-24
EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
6. E
mployment eligibility verification for hiring under the award
1. The
recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be i
nvolved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful ,
i
n the United States, to hire (or recruit for employment) certain aliens.
C. P
rovide training (to the extent necessary) to those persons required by this condition to be not
ified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D.
A
s part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. M
onitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. A
llowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. R
ules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
City of Menifee
BSCC 1308-24
EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
B
. E
mployment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C.
"
United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin I
slands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. N
othing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwis e
i
mposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
7. O
JP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding P
rinciples for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
8. R
equirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to us
e the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
9. D
etermination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award City of Menifee
BSCC 1308-24
EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
(as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
10. C
ompliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
estrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written appr
oval of OJP.
11. C
ompliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in c
ertain "education programs."
12. P
otential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the D
OJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
13. R
equired training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 day
s after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award c
hanges during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful City of Menifee
BSCC 1308-24
EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
completion of such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
14. C
ompliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
15. R
equirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant- funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
16. C
ompliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable l
aws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award City of Menifee
BSCC 1308-24
EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
17. R
equirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within th e
t
imeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
18. R
equirement to disclose whether recipient is designated "high risk" by a federal grant-making agenc
y outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the r
ecipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the r
ecipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
19. C
ompliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
20. E
ncouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While D
riving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while dr
iving any vehicle during the course of performing work funded by this award, and to establish w
orkplace safety policies and conduct education, awareness, and other outreach to decrease c
rashes caused by distracted drivers.
21. R
estrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal City of Menifee
BSCC 1308-24
EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. I
n accepting this award, the recipient--
a. r
epresents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as
described above; and
b. c
ertifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a.
i
t represents that--
(1) i
t has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) i
t has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b.
i
t certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
22. R
eclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled City of Menifee
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"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
23. S
pecific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
24. R
equirements pertaining to prohibited conduct related to trafficking in persons (including r
eporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking i n
per
sons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct- Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to t
rafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
25. R
equirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, ar e
bei
ng, or are to be used (in whole or in part) for one or more of the identical cost items for which f
unds are provided under this award. If so, the recipient must promptly notify the DOJ awarding City of Menifee
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agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
26. R
eporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (
select "Submit Report Online"); (2) mail
directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
27. A
ll subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm ( Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
28. R
equirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award M
anagement (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information i
n SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first- tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm ( Award condition:
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System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
29. R
estrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the r
ecipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the r
ecipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an ex
ception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
30. FFA
TA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier s
ubrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which der
ive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm ( Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,
000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in hi
s or her name).
31. C
ooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, includi ng
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documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
32. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
33. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
34. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_grantcondition . The recipient (and any
subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
35. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
36. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its City of Menifee
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discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R.
Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
37. P
rotection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research s
ubjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
38. C
onfidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of
data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
39. The aw
ard recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
40. The r
ecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
41. A
ny Web site that is funded in whole or in part under this award must include the following s
tatement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a v
isitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
42. A
ny written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements:
"This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, t he
N
ational Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the O
ffice for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the City of Menifee
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U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.
43. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
44. The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
45. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
46. The recipient understands and agrees that no more than 10 percent of the total amount of this award may be used by the recipient for direct costs associated with administering the award.
47. The recipient may not obligate, expend, or draw down funds for subawards until BJA provides explicit written approval of the proposed subaward. Prior approval for all subawards must be obtained post-award, through the submission and approval of a Grant Award Modification (GAM) through OJP’s JustGrants system.
48. Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe City of Menifee
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Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S.
Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov .
49. Body armor - compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor . In
addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
50. The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
51. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
52. Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
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a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html , for programs relating to
methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
53. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at [email protected]
) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review.
The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at
https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.
54. Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug City of Menifee
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courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904.
55. All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA’s and National Association of Drug Court Professionals’ (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf
. During the grant period of performance, if BJA
concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement.
56. The recipient understands and agrees to operate any behavioral health crisis care program funded under this award in accordance with the Substance Abuse and Mental Health Services Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care- 02242020.pdf.
57. Extreme risk protection programs funded under this award must include, at a minimum: pre- deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
58. The recipient understands and agrees that it must form a diverse Crisis Intervention Advisory Board to inform and guide the state’s related gun violence reduction programs/initiatives. The City of Menifee
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Board must include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel. The program and budget plans must be developed in coordination with and with demonstrated approval from the Crisis Intervention Advisory Board prior to submission for BJA review, and advisory board approval will also be required for any subsequent changes to the project’s scope or budget.
59. The recipient is authorized to incur obligations, expend, and draw down funds in an amount not to exceed $20,000, for the sole purpose of developing the program and budget plans in coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur any additional obligations or make any additional expenditures or drawdowns until (1) the recipient submits program and budget plans that were developed in coordination with and demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award Condition Modification (ACM) releasing this award condition.
60. The recipient understands and agrees that it must (1) subaward at least 40% of the award amount to units of local government in order to meet the Local Pass-through, and (2) subaward additional amounts identified by BJA to state courts that provide criminal justice and civil justice services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to such jurisdictions. Additional details on both of these pass-through requirements is available in the BJA FY 2022 - 2023 Byrne State Crisis Intervention Program Formula Solicitation.
61. Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made.
62. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at City of Menifee
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https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
63. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as described below)-- (1) has filed all Federal tax returns required for the three tax years immediately preceding the tax year in which the certification is made; (2) has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding; and until an Award Condition Modification (ACM) has been issued to remove this condition.
BSCC
Powered by Submittable
Title
0014
by
Christine Booker
in
Byrne State Crisis
Intervention Program
[email protected]
04/05/2024
id. 46143372
Original Submission
04/05/2024
Score
n/a
SCIP
checked
The Byrne State Crisis Intervention Program (Byrne SCIP) Grant Application is divided into four sections as identified below: Background Information Contact Information Proposal Narrative and Budget Mandatory
Attachments Each section has a series of questions that require a response.
Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses.
Applicants will not be able to submit the Byrne SCIP Grant Application until all questions with a red asterisk have been completed. Applicants may reference the Byrne SCIP Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the Grant Program Application. The Byrne SCIP Instruction Packet is available on the BSCC website at the Byrne SCIP website .
NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.
SECTION 1 -
BACKGROUND
INFORMATION
This section requests information about the project name and location, federal identification, funding requested, and an overview of the project.
Applicant Name
City of Menifee
Applicant's Physical
Address
29844 Haun Rd.
Menifee
California
92586
US
33.68726
-117.17449
Applicant's Mailing
Address (If different
than physical
address)
Mailing Address for
Payment
29844 Haun Rd.
Menifee
California
92586
US
33.68726
-117.17449
Federal Employer ID
94-3439857
Unique Entity
Identifier (UEI)
K2DEKYTD12J6
Funding Category
Small Scope (Up to $500,000)
Lead Public Agency
City of Menifee
Project Title
Secure Storage Expansion and Community Outreach Campaign Program Purpose
Areas (PPA)
Applicants are required to apply for the Program Purpose Areas (PPA) and Program Activities identified in the Byrne SCIP Instruction Packet (Page 5- 6).
A total of three PPAs are identified: PPA 1: Communication, Education, Outreach, and Public Awareness
PPA 2: Behavioral health deflection for
those at risk to themselves or others PPA 3: Funding for law enforcement agencies to safely secure, store, track, and return relinquished guns Applicants are required to address a minimum of one Program Purpose Area and one corresponding Program Activity. Applicants are not required to address each PPA or Program Activity.
Communication,
Education, Outreach,
and Public
Awareness (PPA 1)
Outreach to raise public awareness about Extreme Risk Protection Orders Development and distribution of informational materials about Extreme Risk Protection Orders
Behavioral health
deflection for those
at risk to themselves
or others (PPA 2)
Funding for law
enforcement
agencies to safely
secure, store, track,
and return
relinquished guns
(PPA 3)
Development and or delivery of specialized training and overtime for officers to attend training
Gun locks and storage for individuals and businesses
Proposal Summary
The Menifee Police Department has realized areas of need within the CSI unit. The first, and largest need is the ability to secure and store the firearms that are coming in for various reasons. The second need is for staff to be trained and certified as firearm specialists for safety and educational purposes. The third, is for the education of our citizens on the available options with safeguarding their home and community. All these needs fall under the Byrne SCIP Grant Program Purpose Areas 1 and 3:
Communication, education, outreach, and public awareness and funding for law enforcement to agencies to safely secure, store, track, and return relinquished guns.
SECTION 2 -
CONTACT
INFORMATION
This section requests 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 for Signature.
Project Director
Christopher
Karrer
Project Director's
Title with
Agency/Department/Organization
Chief of Police
Project Director's
Physical Address
29714 Haun Rd.
Menifee
California
92586
US
33.68992
-117.17644
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+19517231530
Financial Officer
Margarita
Cornego
Financial Officer's
Title with
Agency/Department/Organization
Deputy Finance Director
Financial Officer's
Physical Address
29844 Haun Rd.
Menifee
California
92586
US
33.68726
-117.17449
Financial Officer's
Email Address
[email protected]
Financial Officer's
Phone Number
+19517233716
Day-To-Day Program
Contact
Christine
Booker
Day-To-Day Program
Contact's Title with
Agency/Department/Organization
Police Budget & Grants Analyst
Day-To-Day Program
Contact's Physical
Address
29714 Haun Rd.
Menifee
California
92586
US
33.68992
-117.17644
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+19517231513
Day-To-Day Fiscal
Contact
Margarita
Cornego
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Deputy Finance Director
Day-To-Day Fiscal
Contact's Physical
Address
29844 Haun Rd.
Menifee
California
92586
US
33.68726
-117.17449
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+19517233716
Name of Authorized
Officer*
Armando
Villa
Authorized Officer's
Title with
Agency/Department/Organization
City Manager
Authorized Officer's
Physical Address
29844 Haun Rd.
Menifee
California
92586
US
33.68726
-117.17449
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+19517233700
Authorized Officer
Assurances
checked
SECTION 3 -
PROPOSAL
NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the Byrne SCIP Instruction Packet.
Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the Byrne SCIP Grant Instruction Packet (refer to pages 20-25). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing.
The Project Description narrative
may not exceed 8,948 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately four (4) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing.
The Project Organizational Capacity and Coordination
narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Evaluation and Monitoring narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing.
A character counter is automatically enabled
that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit." Applicants will be prohibited from submitting the Byrne SCIP Grant Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section. However as a guide, the percent of total point value for each section is provided in the Byrne SCIP Instruction Packet (refer to page 18).
Project Need
The City of Menifee was incorporated in 2008 and as it grew the decision was made by the Council to separate from the sheriff’s department and create their own police department.
The Menifee Police Department went
live on July 1, 2020, amidst the pandemic and began receiving calls for service.
Since the creation of the department the City has increased in size from 103,000 to over 116,000 residents, and is expected to top 125,000 by the end of 2025.
The increase in population has also been reflected in a corresponding increase in crime rates, and gun intakes. Over the last two years the Menifee Police Department has seen an increase of 51% in the intake of firearms for storage. In 2021 Menifee Police Department took in a total of 195 firearms and in 2023 the number increased to 295 firearms.
The first, and largest need that has arisen from the increase in numbers of weapons taken in is the ability to secure and store the firearms. The second need is for staff to be trained and certified as firearm specialists for safety and educational purposes. The third, is for the education of our citizens on the available options with safeguarding their home and community.
At present the Menifee Police Department has a stockpile of 595 firearms that are in our custody and care. When our NIBIN system comes online, Menifee Police Department will become a regional asset by offering storage, test firing, and securing of firearms for the purpose of running the crime guns through the database allowing for prosecution by the DA’s office.
AB 732 is also going to add to the count of firearms. As of now there are 84 people that are on the list that we will need to contact and confiscate firearms from. The average number of firearms, on record, per person is
2.2. If the number is on the lower end we are looking to add approximately 268 firearms.
In addition to this, per California law we are required to maintain custody of firearms, ammunition, and the components for 180 days once the firearms are eligible for release. This is 120 days longer than we are required to hold anything else that is eligible for release. Thus, extending the number of firearms, ammunition, and components that we have in our custody and care at any given time.
There is an immediate need for an expansion of our firearm storage area.
Currently we are having to stack firearms in boxes on shelves, in an unregulated room. With the weight of the boxes stacking, and the room lacking climate control, there is guaranteed to be damage to the firearms while in our storage. Menifee PD will not be able to safeguard the firearms, ammunition, and components in the manner that will prevent any damage from occurring if we continue to store them as we are. The ideal solution is to stand the boxes on end, so that we are able to stand the boxes on their ends, prevent stacking, reduce the likelihood of damage from crushing or falling, and prevent any possible injuries to staff. There is also a need for climate control within the expansion. Without regulating the air within the space, and ensure proper circulation, the fluctuation in temperature and humidity will lead to the rusting and deterioration of the firearms while in storage.
In addition to the storage need, there is a huge need for firearms experts in the Menifee Police Department. Training for personnel to understand and be able to recognize the different ballistic technology that is in use now is crucial to officer safety, as well as to our citizens. The ability to recognize the alterations that are made to firearms to make them high power, fully automatic, firearms is critical in safeguarding our community. There is also a new trend of utilizing 3D printers to create firearms of various forms, it is crucial that staff is able to identify, and instruct, on the precursors for printed firearms. This is a trend that will allow prohibited persons to purchase a 3D printer online and create their own firearms without alerting authorities in any way of their intentions.
This leads to the need for community engagement and education. In order for a program to show success, it needs to be a community effort. There is a need to educate our community on the utilization of Extreme Risk Protection Order (ERPO) laws and programs. We need funding to provide community service videos, social media posts, provide literature, and provide semiannual classes for community members to attend.
Project Description
The first piece of the project would be to expand our storage of firearms.
Plans have been drawn for a 12-foot by 12-foot expansion room within the Menifee PD secure facility. The expansion will include an air conditioning unit to ensure proper circulation with air returns to maintain a proper temperature and humidity control. There will be over 250 feet of linear shelving space for the proper storage of firearms, ammunition and the components. This will prevent the firearms from being damaged when stacked on one another.
As part of the expansion additional cameras will be added to ensure full transparency during the storage of the firearms. The firearms will be held behind an electronic key, secured door, within an alarmed facility. This is an added measure to ensure that the firearms are safeguarded until they can be safely released to the proper person. All of these measures will give our citizens greater comfortability knowing that their firearms are being properly secured and cared for in the time that the Menifee Police Department is responsible for their care.
Menifee Police Department’s ability to speak to the safeguarding of citizen’s firearms, with complete transparency, and zero concerns about firearms being damaged while in our care, would bring citizens to trusting the process of protection orders and the relinquishment of their firearms much more.
The next portion of this project would be for select personnel to attend specialized training regarding firearms, and the laws and crimes related to them. Two crime scene personnel, that are available to staff twenty-four hours a day, three-hundred sixty-five days a year, would be sent to Firearm Technology and Specialist Training. It is a three-day course that focuses on firearm safety and clearing best practices, test-firing procedures, Firearm Technology and Specialist Training attendees will be able to encounter a wide variety of firearms and ammunition, and be able to safely clear, accurately identify, to classify, and to competently categorize any firearm or ammunition, even the oldest obscure foreign military examples, all within ATF and State guidelines. They will be confident in making determinations as to Gun Control Act and National Firearms Act status and avoid overlooking violations and items which are illegal contraband. The issues of mis-ID, unfamiliarity with obscure facets of the firearm field, and unsafe practices will be solved, avoiding the misinformation and lack of information which plagues law enforcement and the firearm industry.
Training attendees will be taught how to look for firearms that have been converted to fully automatic, made familiar with 3D printed guns, and homemade guns which we have already seen an influx of and pose a danger due to untrained persons manufacturing them.
The course is designed to enable one to immediately interpret what he/she sees, and to apply their knowledge in making an accurate determination as to an item’s origin, it’s status under the law, and its method of mechanical operation. All areas of the field of firearms and ammunition will be examined and discussed thoroughly, and Federal law and ATF rulings will be cited to prove all points taught.
The latest firearm technology trends in the industry, as well as criminal- trends will be explained. These will help the professional become acquainted with technical concepts not familiar to the beginner, and which will acquaint the firearm professional with clandestine silencers and full- auto conversions, Curios and Relics, homebuilt firearms, ATF Tracing, etc... There is an emphasis on understanding ammunition, the accurate identification of guns and ammunition.
The training course is a 3-day course, with a self-paced follow up to the course that allows for Firearm Specialist Certification. This would require additional time and studying outside of the personnels regular course of duties for the six-month period. The knowledge gained with the course and certification will allow Menifee PD to avoid overlooking illegal items in prohibited persons possession, and with the training going to the crime scene personnel this would place the specialist eyes in a position to catch any and all firearms and components due to the crime scene personnel being responsible for the intake, storage, and tracking of the firearms and components.
In addition to the training above, the California Homicide Investigators Association training conference covers latest techniques and technologies in the field of homicide investigation. Case presentations and debriefs are brought to the forefront of the training seminar to high light the old and new techniques used, resources that are found to assist with the investigation, and the psychological topics that surround the homicides themselves.
Many cases on the agenda are related to gun violence (Mass shootings, Officer Involved Shootings, and Domestic Violence Homicides). Debriefs provide real life scenarios of case work, by the individuals that saw the sights and had the conversations. Being able to draw from this knowledge is invaluable to personnel. It will provide Menifee Personnel with the information to not only conduct effective and unbiased investigations regarding gun violence, but it will also provide them with the increased ability to take this knowledge and educate our citizens. The value of the content that can be brough to the community from this training will save a life of a citizen in the long run, if not many.
This training will not only prepare Menifee PD personnel for the investigations of criminal activity but will gear them with the resources to go into our community and educate our citizens. Educating our community on firearm safety, ERPO program benefits, laws and case laws regarding them, and the actual process that they will go through when needing to utilize these programs.
After Menifee personnel are Firearm Certified Specialists, they will work with our City of Menifee Media Relations team to create safety videos through our Menifee TV and social media platforms. Highlighting our free gun lock program, speaking with our Mental Health Clinicians that are on staff, review county and state resources, and general firearm safety. There would also be virtual question and answer sessions facilitated utilizing the Menifee Police Department Social Media accounts. This would make the information easily access by any demographic, and available for review at a later date.
Pamphlets and other literature items would be generated and made available in our stations, City Hall, and other City Resource Centers. With videos, pamphlets and handouts the Police Department would be able to reach citizens that are timid, and not willing to come face to face with law enforcement at the time. It would show our dedication to help those, that may not be able to help themselves. As firearms are released back to community members, they would be provided with all pamphlets, literature, and resources to take home with them as reference, should they need to seek out assistance in the future.
Menifee Police Department would host a four-hour, semi-annual firearm safety training to the public that will include ERPO and GVRO information, how to make common firearms safe, Mental Health concerns with firearms, firearm safekeeping procedures, and providing the public with a cable gun lock for any firearm that they own. The course would be for adults, 18 years of age and older, and any resident of the City of Menifee. It would be made available to one resident per household, per year. This would allow Menifee PD to reach up to 100 household per year.
Organizational
Capacity and
Coordination
For the first part the project, the city facilities team would take the lead on the project. They would handle the building permits and coordination of the property owner. The job would be sent out to bid and follow out written policy regarding the selection of contractors for certain areas of the job. All of this would be facilitated by Bryce Howell, the Facility Maintenace Manager.
He would designate a member of his team to monitor the timeline of the project and ensure completion deadlines. Due to the sensitive area that the room is being built inside of a Property and Evidence Specialist would be on hand during all work completion.
The training would be coordinated and monitored by Tiffani Sik, the Senior Training Analyst. She would ensure enrollment in the proper courses, accommodations made for attendance, and certification process is completed in a timely manner. The Investigations Lieutenant, Paul Barbieri, would ensure proper coverage for the staffing while personnel are away at the training courses. He would also ensure that personnel have adequate time in their work schedule to complete the self-paced certification process.
Menifee Crime Scene Investigators would work closely with the Police Community Engagement Specialist, Chase Coburn, to ensure that the proper videos and social media posts are made throughout the year.
Pulling resources from the city staff to complete the videos in a professional manner and getting them posted to the Public Service Channel for general viewing in any format.
Crime Scene personnel would compete the pamphlets and literature, with the assistance of Mental Health clinicians, to ensure all available resources are included. The literature would be sent the printing company that is already an approved vendor for printing, and PD personnel would be responsible for distribution.
Crime Scene personnel would work with the CBAT (Community Behavioral Assessment Team) Officer to create the course content for the community education course. These three staff members would be responsible for the creation and execution of the course. The team would work closely with the City of Menifee community services team to set up an online registration process for the course to streamline the community's participation in the program. It would also allow us to more easily vet that we were assisting our community members, and that were spreading the course amongst 100 separate households.
Project Evaluation
and Monitoring
The Menifee Police Department will continue to track the number of firearms that are stored within their facility by utilizing the Record Management System. This will allow to analyze the trends of relinquished, returned to owner, released to licensed professionals, and the number destroyed per law. This will give us the physical numbers to represent the relinquishment of firearms.
The Armed and Prohibited Person System will be utilized to show our successful retrieval of firearms from citizens that have been deemed prohibited in one way or another. With the steady lowering of this number and the confiscation of illegally possessed firearms, we will be able to show the success of our program. These numbers are published quarterly by the California Department of Justice.
The success of the training will be determined by the successful certification of the personnel that is sent to the course for certification. The Firearm Specialist Course is comprehensive and rigorous. The completion of this course will provide invaluable knowledge to the city and assist in communicating the information to the citizens of Menifee. The completion of the Homicide Training seminar will provide real-life, scenario-based training to investigative staff to assist with not only the investigation of criminal acts, but the identification of the early signs of violent crime, and mass shootings. This, again, is invaluable information that would assist personnel in educating the community in awareness.
When it comes to the community engagement side of things social media analytics and viewing counts would be used to gauge the reach of the educational messaging. The videos and posts created would be memorialized in an easy to find format so that it could be easily found when needed by citizens.
The literature that is created and distributed would include a QR code for more information and frequently asked questions on our website. This would assist in giving us a count of visits to the webpage to view the information. Again, providing us with the reach of the resources.
By involving our Community Services division of our City Staff, we will be able to electronically register citizens for the semiannual courses. This will provide us will full contact information and gauges for the level of interest.
At the completion of each course, a survey would be sent to attendees to gauge satisfaction and comprehension. This would provide staff with immediate feedback and a gauge of successful implementation.
Budget Instructions
Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission, the Budget Attachment will become Section 5: Proposal Budget (Budget Tables and Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Tables and Narrative. The grant budget must cover the entire grant period.
Funding information is available on pages 7-8 of the Byrne SCIP Instruction Packet.
For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand- alone document on the BSCC website at the Byrne SCIP website.
Byrne SCIP Budget Attachment
Budget_Attachment.xlsx
SECTION 4 -
MANDATORY
ATTACHMENTS
This section lists the attachments that are required at the time of submission. Project Work Plan (Attachment G) Key Partner Commitment Form, if applicable (Attachment C) Criteria for Non-Governmental Organizations Receiving Subawards (Attachment D) Governing Board Resolution – (not required at time of submission; however, must be submitted if awarded grant funds.) (Attachment E) Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment F)
Project Work Plan (Attachment G)
Byrne-SCIP-RFP-Attachment-G-Project-Work-Plan-Instructions_1.docx Key Partner
Commitment Form, if
applicable
(Attachment C)
Criteria for Non-Governmental Organizations Receiving Subawards (Attachment D) Byrne-SCIP.-RFP-Attachment-D-Criteria-for-Non-Govermental-Organizations-Receiving- Subawards.docx.pdf
OPTIONAL:
Governing Board
Resolution
(Attachment E)
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment F)
Byrne-SCIP-RFP-Attachment-F-Certification-of-Compliance-with-BSCC-Policies-Regarding- Debarment..pdf
OPTIONAL:
Bibliography
CONFIDENTIALITY
NOTICE:
All documents submitted as a part of the Byrne State Crisis Intervention Grant 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.)
Grant Funds
$15,112
$8,000
$76,500
$0
$0
$5,650
$7,250
$0
$112,512
Grant Funds
$26,352
$45,000
$3,144
$1,874
$4,716
$3,282
$2,096
$15,112
Salaries and Benefits Narrative:
Grant Funds
$17,500
$5,000
$3,000
$8,000
$1000 each x 5 shelves
This section covers the cost of the new shelves that will be located in the secure evidence storage area. Additionally, the cost for printed materials in the form of
Services and Supplies Narrative:
TOTAL
$3000 for 6000 pamphlets
TOTAL
Example: Supportive Services (bus passes, gas card
Storage Shelves
Pamphlets
The Overtime costs listed cover the community outreach courses that are proposed. They will include two courses each year and will include two crise scene staff as well as a police officer. The social media and video spotlight campaign will include overtime for two crime scene staff and the police departments community engagement specialist who will film the segments and edit them for release to the public. Lastly there is a cost associated with sending staff to training and that is expressed above in the training/travel time line.
2. Services and Supplies
Description of Services or Supplies Calculation for Expenditure $350 x 50 Participants
Police Community Engagement Specialist
Crime Scene/Property & Evidence Specialist
Crime Scene/Property & Evidence Specialist
Police Officer (CBAT)
Crime Scene/Property & Evidence Specialist
$65.50/hour x 6 hours/event x 4 events (2 per year) x 2 staff = $3144 (CommunityTraining Courses)
$78.07/hour x 6 hours/event x 4 events (2 per year) x 1 staff = $1874 (CommunityTraining Courses)
$65.50/hour x 2 hours/event x 18 events (9 per year) x 2 staff = $4716 (Social Media/Video) $60.78/hour x 3 hours/event x 18 events (9 per year) x 1 staff = $3283 (Social Media/Video) $65.50/hour x 8 hours/class x 2 trainings x 2 staff = $2096 (Training/Travel Time)
3. Professional Services
4. Non-Governmental Organization (NGO) Subgrantees
5. Equipment/Fixed Assets
Title
Example (Hourly): Fiscal Manager
Example (FTE): Counselor
1. Salaries and Benefits
6. Data Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award
7. Other (Travel, Training, etc.)
8. Indirect Costs
TOTAL
(% FTE or Hourly Rate) & Benefits
$60/hour x 10 hours/month x 3 years = $21,600 + benefits @ 22% = $4,752 .25 FTE @ $60,000 x 3 years = $45,000
Project Budget and Budget Narrative
Byrne SCIP Applicant: City of Menifee Project Budget
Note: This table will auto-populate based on the information entered in the sections below.
Budget Line Item
1. Salaries and Benefits
2. Services and Supplies
Description of Professional Service(s) Grant Funds
$15,000
$58,000
$3,500
$76,500
Description of Subcontract Grant Funds
$11,250
$0
Description of Equipment/Fixed Asset Grant Funds
$24,000
$0
None are requested for this proposal
Equipment/Fixed Assets Narrative:
TOTALS
Example: Purchase of Vehicle Toyota Prius @ Market Value Calculation for Expense
Non-Governmental Organizations (NGO) Subgrantees Narrative:
None are requested for this proposal.
5.Equipment/Fixed Assets
TOTALS
4. Non-Governmental Organizations (NGO) Subgrantees
Example: Private Industrial Council
Calculation for Expenditure
Training Class $450 x 25 participants
Professional Services Narrative:
This budget line item cover the design and remodel of the secure storage area. The remodel portion is the cost for the architectural design. The construction cost covers the general contractor, and any subcontractors needed to complete this work. This construction work will consist of the installation of two security cameras, two new sprinklers and the accompanying testing, two new lights, electrical work, door removal and relocation, one new security card reader for access, one new air conditioning unit, and all ancillary building supplies needed to facilitate this remodel.
TOTAL
Remodel Design
Construction
Permits
g y
pamphlets is included. This will be given out at the community outreach events that will be done twice per year.
3. Professional Services
Example: Public Defender
Calculation for Expenditure
Statewide Program Rate
Architectural Remodel of existing secure storage area
Construction to remodel the secure storage area
Permits for constrution
Grant Funds
$10,329
$5,650
$5,650
Grant Funds
Example: Training Classes $15,000
$1,200
$1,050
$2,500
$2,500
$7,250
Grant Funds
$112,512 $0 $0
10.00% $112,512 $11,251 $0
$0
Indirect Costs Narrative:
No indirect funds are being requested.
TOTAL
Option 1) Indirect costs will be charged using a Federally approved Negotiated Indirect Cost Rate (NICR). Enter your approved NICR percentage as a number (e.g., 25, 31,
32.25) in cell E277. Your project indirect costs cannot exceed the total shown in cell G277. If using Option 1, enter the amount to be charged to indirect costs in cell H277. *If the amount entered in H277 turns red, please adjust it to not exceed the line item limit noted in G277
Option 2) Indirect costs will be charged using the Federal De Minimis, 10% of Modified Total Direct Costs, calculated as 10% multiplied by ( total direct costs, minus equipment, plus up to the first $25,000 of each subcontract (cell F278)). If using the Federal De Minimus, your project indirect costs cannot exceed the total shown in cell G278. If using Option 2, enter the amount to be charged to indirect costs in cell H278. *If the amount entered in H278 turns red, please adjust it to not exceed the line item limit noted in G278
Description
Firearm Certification Course
California Homicide Investigator Association Training
Other (Travel, Training, etc.) Narrative:
The training and travel expenses requested will go towards educating the departments property and evidence staff on new and updated information relating to reducing gun violence. This will allow them to be able to draft the necessary informational materials that will meet the Program Purpose Area 1 of Communication, Education, Outreach, and Public Awareness goals of Outreach to raise public awareness about Extreme Risk Protection Orders, and Development and distribution of informational materials about Extreme Risk Protection Orders.
Hotel/Travel for Firearm Cert Course
Hotel/Travel for CA Homicide Inv Association Trainin
TOTAL
8. Indirect Costs
For this grant program, indirect costs may be charged using only one of the two options below:
7. Other (Travel, Training, etc.)
Calculation for Expense
$500/partipant x 30 participants
$600/participant x 2 participants
$525/participant x 2 participants
$1250/participant x 2 participants
$1250/participant x 2 participants
Data Collection and Progress Reporting Narrative:
Must be at least 5 percent of the total grant award
The amount requested will cover the data collection and progress reporting requirements.
Data Collection & Reporting Efforts @ 5%
TOTAL
6. Data Collection and Progress Reporting
Must be at least 5 percent of the total grant award
Description
Example: Data Collection & Reporting Efforts @ 5%
Byrne SCIP Applicant Agency: City of Menifee
Total Grant Award
$112,512
$28187
$84325
$112,512
Grant Funds
$15,112
$8,000
$76,500
$0
$0
$5,650
$7,250
$0
$112,512
5. Equipment/Fixed Assets
6. Data Collection, Reporting and Evalutation
Must be at least 5 percent of the total grant award
7. Other (Travel, Training, etc.)
TOTAL
8. Indirect Costs
4. Non-Governmental Organization (NGO) Subgrantees
Total Grant Funds
Requested
1. Communication, Education, Outreach and Public Awareness
2. Behavioral health deflection for those at risk to themselves or others PPA allocations must equal the total grant funds requested*: Totals * If PPA allocation totals show as red font, they do not equal the amount of grant funds requested as required.
Project Budget Table
Budget Line Item
1. Salaries and Benefits
2. Services and Supplies
3. Professional Services
3. Funding for law enforcement agencies to safely secure, store, track, and return relinquished guns
Program Purpose Area Funding Table
Section 5: Project Budget and Budget Narrative
Program Purpose Area Allocations
Applicants must allocate all Byrne SCIP grants funds to one or more of the Program Purpsose Areas (PPA) as described in the Request for Proposal. No Byrne SCIP funds may be expended outside of the SCIP PPAs. For the purposes of proposal scoring, no PPA shall carry more weight than another. The totals for the Program Purpose Area (PPA) Funding Table must equal the total grant funds requested.
City of Menifee
BSCC 1308-24
APPENDIX A: BYRNE SCIP ADVISORY BOARD ROSTER
Name Title Organization/Agency
1 Linda Penner (Chair)
Chairperson Board of State and Community
Corrections
2 Juan Avila Chief Operating Officer
(Victim Services)
Garden Pathways
3 Cindy Chavez Supervisor
Santa Clara County Supervisor
4 Norma Cumpian Director, Women’s Department
(Community)
Anti-Recidivism Coalition (ARC)
5 Andrea Dauber-Griffin Senior Executive Director
(Behavioral Health Providers) Neighborhood House Association 6 Shannon Dicus Sheriff
(Law Enforcement) San Bernardino County
7 Dean Growdon Sheriff
(Law Enforcement) Lassen County
8 Kirk Haynes Chief Probation Officer
(Law Enforcement)
Fresno County
9 Jeffrey Macomber Secretary
(Law Enforcement)
California Department of
Corrections and Rehabilitation
10 Andrew Mills Chief of Police
(Law Enforcement)
City of Palm Springs
11 Nancy O’Malley District Attorney (Retired)
(Prosecution) Alameda County
12 Alan Slater Chief Executive (Retired)
(Courts) Orange County
13 Jason Johnson
Director, Division of Adult
Parole Operations
(Law Enforcement)
California Department of
Corrections and Rehabilitation
14 Eloisa Tuitama Staff Counsel
(Legal Counsel)
Board of State and Community
Corrections
15 Angeles Zaragoza
Attorney Los Angeles County Alternate
Public Defender’s Office
Byrne State Crisis Intervention Program Grant
Instructions: For the purposes of this RFP, “Key Partner” means an indispensable agency or entity, named in the proposal, that the grantee does not have direct control over, that will provide essential services for the grant project. If the success of the grant project depends upon the cooperation of an outside agency or entity, that agency or entity is a key partner. (See RFP for specific examples.) The form must include the name of the agency or entity, a description of the services to be provided, and be signed and dated by an authorized individual representing the agency or entity. Submit one form per partner agency or organization.
This form is required only if there are key partners identified in the Proposal Narrative.
Applicant: Menifee Police Department
Partner Organization or Agency: N/A
Grant Service Period: July 15, 2024 to September 30, 2026 Services to be Provided by the Partner Organization or Agency during the Grant Period: N/A
Authorized Signature of Partner Organization or Agency (e-signatures accepted):
Title of Individual Signing this Form:Armando G. Villa
Date Signed:
Attachment C: Sample Key Partner Commitment Form
Required Attachment: Applicants will be prompted to upload this document from the Byrne SCIP webpage to the BSCC Submittable Application portal.
Byrne SCIP applicants must complete a Project Work Plan, using the format below. Completed Project Work Plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals, objectives, and measures with a clear relationship to the need and intent of the grant.
(1) Goal: > Adequate storage for relinquished firearms
Objectives
(A., B., C…):
A. Build a 12’ by 12’ room to allow for over 250 linear feat of shelving for firearms to be stored in a standing fashion B. The room will have adequate air circulation to prevent rust and deterioration of the firearms.
C. Increase the security measures around the firearms by adding additional cameras and electronic key car entry to the room.
Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start Date End Date
1. The expansion of adequate storage would properly secure guns that are relinquished
2. The firearms would be safeguarded while in PD possession.
3. 1.Bryce Howell
2.James Brannon
3. 1.July 2024
2.Dec 2024
3. 1.Dec 2024
2.ongoing
3. List data and sources to be used to measure outcomes: RMS would be utilized to track the number of firearms in custody, and the trends of how they are returned.
(2) Goal: > Training for PD personnel
Objectives
(A., B., C...):
A. Certify personnel to be firearms experts that are able to identify all components of various firearms.
B. Certify personnel in being firearm safety experts that can instruct community members in firearm safety.
C. Provide scenario based training to personnel on gun violence and homicides for investigative and preventative instruction.
Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start Date End Date
1. CSI Staff will attend Firearm Certification Course
2. CSI Staff will attend California Homicide Investigator Association Training
3. Provides specialized training to personnel regarding firearms and gun crime.
1.Crime Scene Personnel
2. Tiffani Sik
3. Paul Barbieri
1.July 2024
2.July 2024
3.Jan 2025
1. Dec 2024
2.Dec 2024
3.Dec 2026
List data and sources to be used to measure outcomes: Certificates of completion to show the course completion and training expenditure reports to show the funding allocation.
Attachment G: Project Work Plan Instructions
(3) Goal: Provide community engagement opportunities via social media and media relations, as well as provide literature and education to the community.
Objectives
(A., B., C…):
A. Successfully implement a social media campaign to provide information to the community regarding firearm safety and EPROs.
B. Publish literature that is readily available to the public with information on firearm safety, ERPOs, and mental health resources.
C. Create and provide a community course regarding firearm safety, ERPOs, and mental health resources.
Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start Date End Date
1. Outreach to community members regarding ERPOs and firearm safety.
2. Development and distribution of ERPO fact sheets and literature
3. Creating social media engagement to distribute the ERPO information and firearm safety.
1. Chase Coburn
2. CSI/CBAT Personnel
3. Chelsea Ballinger
1.Jan 2025
2. Jan 2025
3.July 2024
1.June 2026
2.Dec 2025
3.June 2026
List data and sources to be used to measure outcomes: Social media trend data, enrollment, and literature inventory will all be used to gauge the successful outreach of the program objectives.