CC Regular Meeting Agenda – May 20, 2024, Page 1 of 5
Monday, May 20, 2024
Port Hueneme City Hall
250 North Ventura Road, Port Hueneme, CA 93041
6:30 PM
The following provides information to the public on how to participate at this meeting:
Watch Meetings Live or On-Demand
Live or On-Demand at: https://porthuenemeca.suiteonemedia.com/ On-Demand (generally uploaded the next day) at: https://www.youtube.com/@cityofporthuenemegov Public Comments
Public comments may be submitted in person or in writing.
In-Person: Complete a speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak. Public Comment is limited to 3 minutes per speaker, unless for good cause, the Mayor amends the time limit. A speaker’s time may not be transferred to another speaker.
Written: All written public comments shall be no more than 500 words and are subject to the Public Records Act. Written comments should be submitted to the City Clerk by 5:00 p.m. on the day of the City Council meeting by email or directly to the City Clerk’s Office. Email [email protected] and enter “City Council Public Comment” in the Subject line (and agenda item number if applicable). Mail or drop off written comments to the City Clerk’s Office located at 250 N. Ventura Road, Port Hueneme, CA 93041. Please clearly mark envelope with “Public Comment and meeting date”.
Translation Services
Use of a Translator
* The City shall provide a translator if one is requested by a member of the public with a 48-hour advance notice. If a 48-hour advance notice is not provided, the member of the public may provide their own translator. To request a translator, please contact [email protected]. * Per California Government Code 54954.3, if an individual utilizes a translator during Public Statements, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.
* If the City provides a translator or translation equipment that allows for the simultaneous translation of the testimony, then no additional time shall be granted.
Uso de traductor
* La Ciudad proporcionará un traductor si un miembro del público lo solicita con un aviso de 48 horas de anticipación. Si no se avisa con 48 horas de anticipación, el público podrá proporcionar su propio traductor.
Para solicitar un traductor, comuníquese con [email protected].
CC Regular Meeting Agenda – May 20, 2024, Page 2 of 5
* Según el Código de Gobierno de California 54954.3, si una persona utiliza un traductor durante las declaraciones públicas, el cuerpo legislativo de una agencia local deberá proporcionar al menos el doble del tiempo asignado a un miembro del público que utilice un traductor para garantizar que las personas que no hablan inglés reciban la misma oportunidad de dirigirse directamente al cuerpo legislativo de una agencia local.
* Si la Ciudad proporciona un traductor o equipo de traducción que permita la traducción simultánea del testimonio, entonces no se concederá tiempo adicional.
Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, contact the office of the city clerk at (805) 986-6503 or [email protected]. Notice 48 hours prior to the meeting will enable the city to make reasonable arrangements to allow participation in this meeting.
Levine Act Disclaimer
The Levine Act (Gov. Code, § 84308) requires any Party, Participant, or Agent in a Proceeding, as those terms are defined in Government Code section 84308 and Title 2, California Code of Regulations, Sections 18400 et seq., before the City of Port Hueneme that involves any action or consideration to their contract, license, permit, or other entitlement for use to disclose any campaign contributions made to City elected or appointed Officers totaling more than $250 within the 12 months prior to the City decision. Any City elected or appointed Officer who has received a contribution totaling more than $250 within the preceding twelve (12) months from a Party, Agent, or Participant, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use the Officer’s official position to influence the decision. Violations of Government Code section 84308 may result in a civil action brought by the FPPC for an amount up to five thousand dollars ($5,000) per violation. Any person who knowingly or willfully violates any provision of the Political Reform Act is guilty of a misdemeanor and subject to a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person unlawfully contributed upon conviction for each violation. Any Party, Participant, or Agent is further prohibited from making, and any elected or appointed City Officer is prohibited from soliciting or accepting, any contribution in excess of $250 for a period of twelve (12) months following any proceeding described above. 6:30 PM CITY COUNCIL REGULAR MEETING AGENDA
CALL TO ORDER / FLAG SALUTE
ROLL CALL
Councilmembers Steven A. Gama, Laura D. Hernandez, Roberto “Bobby” Martinez; Mayor Pro Tem Martha R. McQueen-Legohn; and Mayor Misty Perez
INSPIRATION
Given by Councilmember Gama
PUBLIC COMMENT
Members of the public may submit comments for items on the Agenda or that is within the subject matter jurisdiction of the City Council. General public comments regarding items Not on the Agenda will be heard at this time. State law prohibits Council from taking action on any item Not on the Agenda. Comments regarding items on the Agenda will be heard when the item is addressed. In-person public comments should be no more than 3 minutes in length. Written comments should be no more than 500 words. Please see Agenda cover page for submission instructions.
AGENDA APPROVAL FOR CITY COUNCIL
City Council Agenda
Recommendation: Approve the City Council Agenda of May 20, 2024.
CONFLICT OF INTEREST and LEVINE ACT DISCLOSURES
CC Regular Meeting Agenda – May 20, 2024, Page 3 of 5
PRESENTATIONS
1. Peace Officer’s Memorial Day and National Police Week Proclamation
2. Dispatcher of the Year Award Certificate of Recognition presented to Police Dispatcher Samantha Duran
3. National Public Works Week Proclamation
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be considered routine by the governing body, and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions
4. Minutes
Recommendation: Approve the May 6, 2024, City Council Regular Meeting Minutes.
5. Register of Disbursements
Recommendation: Receive and file the City’s register of disbursements for the period of April 27, 2024 through May 9, 2024.
6. Calling for, Giving Notice of, and Requesting Consolidation of a Municipal General Election on November 5, 2024 for the Election of Certain Officers and Adoption of Related Resolutions
Recommendation:
1. Adopt a Resolution of the City Council of the City of Port Hueneme calling and giving notice of the Municipal General Election to be held on Tuesday, November 5, 2024, for the Election of certain officers as required by the provisions of the laws of the State of California, and requesting the Ventura County Board of Supervisors consolidation of said election with the Presidential General Election to be held on said date pursuant to section 10403 of the Elections Code; and
2. Adopt a Resolution of the City Council of the City of Port Hueneme adopting regulations for candidates for elective office pertaining to candidate statements and other materials submitted to the voters and the costs thereof for the Municipal General Election to be held on Tuesday, November 5, 2024.
7. Issue Request for Proposals for On-Call Landscape Architecture Services Recommendation: Authorize the Director of Community and Economic Development to issue a Request for Proposals (RFP) for on-call landscape architecture services.
8. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Recommendation:
1. Adopt a Resolution of the City Council of the City of Port Hueneme, California, Authorizing the City’s Participation in the Edward Byrne Memorial Justice Assistance Grant (JAG) Program as a subgrantee; and
2. Accept the awarded Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds subject to the terms and conditions specified in the grant agreement, and authorize the Chief of Police to sign the agreement and any related documents and amendments; and
3. Approve a revenue agreement with the County of Ventura (dba: Ventura County Sheriff’s Office), BSCC 1223-23, in the amount of $18,000 for the term of July 1, 2023 through March 31, 2026, for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
CC Regular Meeting Agenda – May 20, 2024, Page 4 of 5
9. Approval of Contract Renewal with Flock Group Inc.
Recommendation:
1. Authorize the Chief of Police to execute a contract renewal with Flock Group Inc. for Automatic License Plate Reader (ALPR) Software-As-A-Service (SAAS) Agreement.
2. Approve a budget appropriation in the amount of $10,000 to fund the cost increase in the price of the contract.
PUBLIC HEARINGS
10. Update to Cannabis Ordinance
Recommendation:
1. Introduce for first reading, by title only, waiving further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Port Hueneme, California, Amending Article III of the Municipal Code to supersede Ordinance 796, which comprises Chapter 12, to implement various laws of the State of California by allowing medicinal and nonmedicinal and/or commercial cannabis facilities within the City subject to regulatory parameters that protect public health, safety, and welfare”; and
2. Make a determination the project is exempt under CEQA.
11. Introduction of Ordinances Amending Sections 10802 and 10803 of Chapter 6 of Article X of the Port Hueneme Municipal Code, Pertaining to Development Standards for Accessory Dwelling Units and Density Bonus Regulations, Respectively Recommendation:
1. Introduce for first reading, by title only, waiving further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Port Hueneme, California, Amending Section 10802 of Chapter 6 of Article X of The Port Hueneme Municipal Code, Pertaining to Development Standards for Accessory Dwelling Units”; and
2. Introduce for first reading, by title only, waiving further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Port Hueneme, California, Amending Section 10803 of Chapter 6 of Article X of the Port Hueneme Municipal Code, Pertaining to Density Bonus Requirements”; and
3. Make a determination the project is exempt under CEQA.
BUSINESS ITEMS
12. Ponoma Street Parking Concerns and Option for Stop Sign Installation Recommendation: Consider whether to approve an 18-month demonstration installation of Stop Signs for multiway stop control at Ponoma Street intersecting with Clara and B Street.
13. Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR) Recommendation: Receive and file the Fiscal Year 2022-23 Annual Comprehensive Financial Report.
CITY MANAGER COMMENTS AND REPORTS
COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Members are appointed to various Regional Committees/Agencies/Boards and will report out on their activities within these organizations and put forth any comments in regards to community events at this time.
REQUEST FOR FUTURE AGENDA ITEMS
Councilmembers may request items to be placed on future agendas at this time. All requested items will require a motion, a second, and a majority vote, per adopted Council policies, to be placed on a future agenda and will be scheduled at the City Manager’s discretion.
CC Regular Meeting Agenda – May 20, 2024, Page 5 of 5
ADJOURNMENT
The City Council will adjourn to its next regular meeting scheduled for Monday, June 3, 2024, at 6:30 p.m.
_____________________________________________________________________________________________ Copies of staff reports or other written documentation relating to each item of business referred to in this Agenda are available for public inspection in the Office of the City Clerk and on the City’s website at www.cityofporthueneme.org. Materials received after agenda packet distributions are made available to the public on the City’s website and in the City Clerk’s office at the same time they are provided to the Council.
I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, do hereby affirm that the agenda was posted at least 72 hours in advance of the meeting on the City’s website and near the front entrance of Port Hueneme City Hall, 250 N. Ventura Road, Port Hueneme, California, 93041, in accordance with California Government Code Section 54954.2(a).
THIS IS A PRESENTATION ITEM ONLY
Agenda Item No. 01 Page 1 of 1 CC Agenda 05-20-2024
THIS IS A PRESENTATION ITEM ONLY
Agenda Item No. 02 Page 1 of 1 CC Agenda 05-20-2024
THIS IS A PRESENTATION ITEM ONLY
Agenda Item No. 03 Page 1 of 1 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 1 of 9 Monday, May 6, 2024
Port Hueneme City Hall
250 North Ventura Road, Port Hueneme, CA 93041
6:30 PM
The following information was provided to the public on how to participate in City meetings:
Watch Meetings Live or On-Demand
Live or On-Demand at: https://porthuenemeca.suiteonemedia.com/ On-Demand (generally uploaded the next day) at: https://www.youtube.com/@cityofporthuenemegov Public Comments
Public comments may be submitted in person or in writing.
In-Person: Complete a speaker request card located at the entrance of the Council Chamber and give it to the City/Authority Clerk. Your name will be called when it is your turn to speak. Public comment is limited to 3 minutes per speaker, unless for good cause, the Mayor amends the time limit. A speaker’s time may not be transferred to another speaker.
Written: All written public comments should be no more than 500 words and are subject to the Public Records Act. Written comments should be submitted to the City/Authority Clerk by 5:00 p.m. on the day of the City Council/Housing Authority meeting by email or directly to the City/Authority Clerk’s Office. Email [email protected] and enter “City Council (or Housing Authority) Public Comment” in the Subject line (and agenda item number if applicable). Mail or drop off written comments to the City/Authority Clerk’s Office located at 250 N. Ventura Road, Port Hueneme, CA 93041. Please clearly mark envelope with “City Council (or Housing Authority) Public Comment and meeting date”.
Translation Services
Use of a Translator
* The City shall provide a translator if one is requested by a member of the public with a 48-hour advance notice. If a 48-hour advance notice is not provided, the member of the public may provide their own translator. To request a translator, please contact [email protected]. * Per California Government Code 54954.3, if an individual utilizes a translator during Public Statements, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.
* If the City provides a translator or translation equipment that allows for the simultaneous translation of the testimony, then no additional time shall be granted.
Uso de traductor
* La Ciudad proporcionará un traductor si un miembro del público lo solicita con un aviso de 48 horas de anticipación. Si no se avisa con 48 horas de anticipación, el público podrá proporcionar su propio traductor.
Para solicitar un traductor, comuníquese con [email protected].
Agenda Item No. 04 Page 1 of 9 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 2 of 9 * Según el Código de Gobierno de California 54954.3, si una persona utiliza un traductor durante las declaraciones públicas, el cuerpo legislativo de una agencia local deberá proporcionar al menos el doble del tiempo asignado a un miembro del público que utilice un traductor para garantizar que las personas que no hablan inglés reciban la misma oportunidad de dirigirse directamente al cuerpo legislativo de una agencia local.
* Si la Ciudad proporciona un traductor o equipo de traducción que permita la traducción simultánea del testimonio, entonces no se concederá tiempo adicional.
Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, contact the office of the city clerk at (805) 986-6503 or [email protected]. Notice 48 hours prior to the meeting will enable the city to make reasonable arrangements to allow participation in this meeting.
Levine Act Disclaimer
The Levine Act (Gov. Code, § 84308) requires any Party, Participant, or Agent in a Proceeding, as those terms are defined in Government Code section 84308 and Title 2, California Code of Regulations, Sections 18400 et seq., before the City of Port Hueneme that involves any action or consideration to their contract, license, permit, or other entitlement for use to disclose any campaign contributions made to City elected or appointed Officers totaling more than $250 within the 12 months prior to the City decision. Any City elected or appointed Officer who has received a contribution totaling more than $250 within the preceding twelve (12) months from a Party, Agent, or Participant, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use the Officer’s official position to influence the decision. Violations of Government Code section 84308 may result in a civil action brought by the FPPC for an amount up to five thousand dollars ($5,000) per violation. Any person who knowingly or willfully violates any provision of the Political Reform Act is guilty of a misdemeanor and subject to a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person unlawfully contributed upon conviction for each violation. Any Party, Participant, or Agent is further prohibited from making, and any elected or appointed City Officer is prohibited from soliciting or accepting, any contribution in excess of $250 for a period of twelve (12) months following any proceeding described above. 6:30 PM CITY COUNCIL REGULAR MEETING AGENDA
CALL TO ORDER / FLAG SALUTE
Mayor Perez called the meeting to order at 6:30 p.m. and led the flag salute.
ROLL CALL
Present: Councilmembers Laura D. Hernandez, Roberto “Bobby” Martinez; Mayor Pro Tem Martha R. McQueen-Legohn; Mayor Misty Perez
Absent: Councilmember Steven A. Gama
INSPIRATION
Given by Mayor Pro Tem McQueen-Legohn
PUBLIC COMMENT
Public comments were provided in person by the following:
• Becky Breuning
• Martha Kellerhof and Barbara Page
• Tom King
• Andy McDuff
A public comment was submitted via email and read by City Clerk Georgianna Alvarez by the following:
• Jacob Marquez Pantoja
Agenda Item No. 04 Page 2 of 9 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 3 of 9
AGENDA APPROVAL FOR CITY COUNCIL
City Council Agenda
A motion was made by Councilmember Hernandez, seconded by Councilmember Martinez, and passed 4-0-1 (Councilmember Gama absent) to approve the City Council Agenda of May 6, 2024.
PRESENTATIONS (this section taken out of order)
At the request of Mayor Perez, a motion was made by Councilmember Hernandez, seconded by Councilmember Martinez to move the presentation for Explorer of the Year to before the Housing Authority meeting. Motion passed 4-01 (Councilmember Gama absent)
4. Explorer of the Year Certificate of Recognition presented to Port Hueneme Police Explorer Sergeant Tiffany Zavala
Police Chief Federico provided a brief biography and presented a Certificate of Recognition to Police Explorer Sergeant Tiffany Zavala in recognition of receiving the Explorer of the Year award.
At the request of Mayor Perez, a motion was made by Councilmember Hernandez, seconded by Mayor Pro Tem McQueen-Legohn, to move the Mental Health Awareness Proclamation to be presented at this time. Motion passed 4-01 (Councilmember Gama absent).
5. Mental Health Awareness Proclamation
Mayor Perez read the proclamation into record, recognizing and proclaiming the Month of May 2024 as Mental Health Awareness Month, calling upon an increase in public understanding of the importance of mental health and to promote identification and treatment of mental illness; and presented it to Ventura County Behavioral Health Assistant Director Dr. Loretta Denering.
At the request of Mayor Perez, a motion was made by Mayor Pro Tem McQueen-Legohn, seconded by Councilmember Hernandez, to move the 55th Annual Professional Municipal Clerks Week Proclamation to be presented at this time. Motion passed 4-01 (Councilmember Gama absent).
6. 55th Annual Professional Municipal Clerks Week Proclamation Councilmember Hernandez read the proclamation into record, recognizing the week of May 5 through May 11, 2024, as Professional Municipal Clerks Week, and extended appreciation to City Clerk Georgianna Alvarez, and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.
RECESS THE CITY COUNCIL MEETNG AND CALL TO ORDER THE HOUSING AUTHORITY
REGULAR MEETING
Mayor/Chair Perez recessed the City Council Meeting and called to order the Housing Authority Regular meeting at 6:58 p.m.
ROLL CALL
Present: Port Hueneme Housing Authority Members Johnny Brown, Laura D. Hernandez, and Roberto “Bobby” Martinez; Vice Chair Martha R. McQueen-Legohn, and Chair Misty Perez
Absent: Port Hueneme Housing Authority Members Robert Blackwell and Steven A. Gama Agenda Item No. 04 Page 3 of 9 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 4 of 9 HOUSING AUTHORITY PUBLIC COMMENT – None.
HOUSING AUTHORITY CONSENT CALENDAR
A motion was made by Member Martinez, seconded by Vice Chair McQueen-Legohn, to approve Consent Calendar Item Nos. 1 – 2, as presented.
Motion passed 5-0-2 as follows:
AYES: Brown, Hernandez, Martinez, McQueen-Legohn, Perez NOES: None; ABSENT: Blackwell, Gama; ABSTAIN: None
Authority Members:
1. Minutes
Approved the April 2, 2024, Housing Authority Regular Meeting Minutes.
2. Register of Disbursements
Received and filed the Housing Authority’s register of disbursements for the period of March 23, 2024 through April 25, 2024.
HOUSING AUTHORITY PUBLIC HEARING
3. 2024-2025 Public Housing Annual Plan
Recommendation: Adopt a resolution entitled, “A Resolution of the Housing Authority of the City of Port Hueneme, California, approving the fiscal year (FY) 2024-2025 Public Housing Annual Plan”.
Authority Clerk Alvarez affirmed the proof of publication and a complete set of reports and exhibits were on file in the Office of the City Clerk.
Housing and Facilities Director Gabby Basua presented the staff report.
The public hearing was opened at 7:01 p.m.
There were no public comments.
The public hearing was closed at 7:01 p.m.
A motion was made by Member Hernandez, seconded by Vice Chair McQueen-Legohn, to adopt Resolution No. 570 entitled, “A Resolution of the Housing Authority of the City of Port Hueneme, California, approving the fiscal year (FY) 2024-2025 Public Housing Annual Plan”.
Motion passed 5-0-2 by roll call vote as follows:
AYES: Brown, Martinez, Hernandez, McQueen-Legohn, Perez NOES: None; ABSENT: Blackwell, Gama; ABSTAIN: None
HOUSING AUTHORITY BUSINESS ITEMS – None.
AUTHORITY MEMBERS’ REPORTS, COMMENTS, & REQUESTS FOR FUTURE AGENDA ITEMS
Member Martinez commented regarding Member Blackwell.
Agenda Item No. 04 Page 4 of 9 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 5 of 9
ADJOURNMENT OF THE PORT HUENEME HOUSING AUTHORITY
The Port Hueneme Housing Authority adjourned at 7:03 p.m. to the next regular meeting scheduled for June 3, 2024, at 6:30 p.m.
Respectfully Submitted:
Georgianna Nicole Alvarez, MMC, CPMC
Authority Clerk
Approved this ___ day of __________, 2024:
_________________________________
Misty Perez, Chair
RECONVENE CITY COUNCIL REGULAR MEETING
Mayor Perez reconvened the City Council Regular Meeting at 7:03 p.m.
CONFLICT OF INTEREST and LEVINE ACT DISCLOSURES – None.
CONSENT CALENDAR
City Manager James Vega requested to pull Item No. 10 – Authorization to Issue a Request for a Bid (RFB) for Hueneme Beach Concrete Walkway Replacement from the Consent Calendar to reconfigure the schedule to lessen the impact on the community and bring it back at the next City Council meeting.
A motion was made by Councilmember Martinez, seconded by Mayor Pro Tem McQueenLegohn, to pull Consent Calendar Item No. 10, and approve Consent Calendar Item Nos. 7 – 9 and 11 – 13, as presented.
Motion passed 4-0-1 as follows:
AYES: Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: Gama; ABSTAIN: None
City Council:
7. Minutes
Approved the April 15, 2024, City Council Regular Meeting Minutes.
8. Register of Disbursements
Received and filed the City’s register of disbursements for the period of April 6, 2024 through April 25, 2024.
9. Treasurer’s Quarterly Investment Report – March 31, 2024 Received and filed the March 31, 2024 Treasurer’s Report as presented.
11. Authorization to Purchase Debris Collector for Landscape Maintenance Approved the purchase of a debris collector called the Xtreme Vac Tow Behind Leaf Loader, which will be utilized for landscape maintenance for $95,503.74, utilizing a cooperative purchasing agreement through Sourcewell Contract No. #031121-ODB.
Agenda Item No. 04 Page 5 of 9 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 6 of 9
12. Hueneme Road Water Main Project Budget
Authorized a budget adjustment moving funds from the Cross Base Waterline project to the Hueneme Road Water Main project in the amount of $100,000.
13. Acceptance of Donation: (3) United States Flags and Flag Pole Kits from the Ventura Downtown Lions Club
Authorized the City Manager to accept a donation of 3 United States flags and flag pole kits from the Ventura Downtown Lions Club to be placed at the pier for holiday ceremonies and events.
CONSENT CALENDAR ITEM PULLED FROM THE CONSENT CALENDAR
10. Authorization to Issue a Request for Bid (RFB) for Hueneme Beach Concrete Walkway Replacement
Recommendation: Authorize soliciting a Request for Bids (RFB) to repair or replace damaged concrete walkways at Hueneme Beach.
This item was pulled from the Consent Calendar to be brought back at the next meeting.
PUBLIC HEARINGS – None.
BUSINESS ITEMS
14. Adoption of a Resolution of the City Council of the City of Port Hueneme, California, Establishing an Outdoor Flagpole Display Policy which Includes the Pride Flag for the Month of June
Recommendation: Adopt a resolution entitled, “A Resolution of the City Council of the City of Port Hueneme, California, establishing an outdoor flagpole display policy” which includes the implementation of Council direction to display the Pride Flag for the month of June.
City Manager Vega presented the report. Comments and questions followed.
Public comments were submitted via email and read by City Clerk Alvarez by the following:
• Jasmine Duron
• Jeffrey Scarberry
Questions and comments followed.
A motion was made by Councilmember Martinez, seconded by Councilmember Hernandez, to adopt Resolution No. 4486 entitled, “A Resolution of the City Council of the City of Port Hueneme, California, establishing an outdoor flagpole display policy” which includes the implementation of Council direction to display the Pride Flag for the month of June.
Motion passed 4-0-1 as follows:
AYES: Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: Gama; ABSTAIN: None
15. Fiscal Year (FY) 24/25 Budget Preparation: Sales Tax Review: Hinderliter, De Llamas and Associates (HdL) Sales Tax Update Presentation
Recommendation: Review and file the sales tax presentation provided by HdL.
Agenda Item No. 04 Page 6 of 9 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 7 of 9 City Manager Vega provided a brief introduction. HdL Companies Director of Client Services Bobby Young gave a presentation on sales tax trends. Questions followed. There was no vote taken as no action was needed.
16. Review of City of Port Hueneme Legislative Platform Recommendation: Review the City’s Legislative Platform, consider amendments and adopt a revised document that will provide guidance and allow staff to advocate for City programs and priorities in the coming year.
Deputy City Manager presented the report. Questions followed. There were no public comments. Councilmember Hernandez suggested amendments.
A motion was made by Mayor Pro Tem McQueen-Legohn, seconded by Councilmember Martinez, to adopt the Legislative Platform with the following amendments:
• Section I. General Governance – subsection 2.b. Worker’s Compensation o Delete the following language “creating a disincentive for those that do not return to available modified duty on alternate positions.”
• Section II. Local Government Finance – subsection 1.a. Fiscal Responsibility o Add language for disaster response as follows: Support full cost reimbursement to City for all Federal, State and County mandated programs “including costs associated with disaster response”.
• Section II. Local Government Finance - subsection 1.h. Fiscal Responsibility o Add the following language “h. Support legislation that ensures that there is the opportunity for meaningful public comment and input from residents and businesses regarding all proposed utility rate changes.” • Section III. Public Protection – subsection 1.f. Crime o Add the following language “but not limited to” adult entertainment facilities, problem alcohol establishments, and properties where illegal drugs are sold. • Section III. Public Protection – subsection 2.c. Drugs o Add the following language “in alignment with federal and state guidelines” with regard to legislation that supports local government’s ability to deploy anti-opiate medication and replace the word “community” with “situation” • Section III. Public Protection
o Add a new subsection to support legislation that advances emergency preparedness and response capabilities
• Section X. The Arts, Cultural Resources, Historic Preservation 1.a. The Arts o Reword to “Support legislation for continued State funding that recognizes the importance of local arts, cultural preservation, and historic preservation, in enhancing a community’s quality of life.”
Motion passed 4-0-1 as follows:
AYES: Hernandez, Martinez, McQueen-Legohn, Perez
NOES: None; ABSENT: Gama; ABSTAIN: None
CITY MANAGER COMMENTS AND REPORTS
City Manager Vega provided comments and reports regarding the following topics:
• Upcoming Council meeting topics
COUNCILMEMBERS’ REPORTS AND COMMENTS
Council provided comments and reports regarding the following topics:
Councilmember Martinez: None.
Councilmember Gama: Absent.
Agenda Item No. 04 Page 7 of 9 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 8 of 9 Councilmember Hernandez:
• Committee meeting attendance
• Thanked many individuals for their participation and support in the following events:
Grocery Outlet ribbon cutting ceremony; Pedro Valdez memorial, Ventura County Library Foundation Rising from Ashes fundraiser, and Earth Day
• Attended the League of United Latin American Citizens statewide conference – deportation of military veterans
• Participated in a panel for murdered and missing indigenous women • Upcoming Annual Sand Summit
• Upcoming Mural Committee meeting and mural project update Mayor Pro Tem McQueen-Legohn:
• Gold Coast Transit District (GCTD) - free fare days; dump the pump; adjustment rate changes; route changes; hiring; transportation
• Museum Committee meetings and museum opening update
• Attended Take 5 and Read to Kids Kick-Off Breakfast at Cal State Channel Islands • Attended the Port of Hueneme’s 11th Annual World Trade Week event Mayor Perez:
• Attended Take 5 and Read to Kids at Sunkist Elementary • Mental Health Awareness Month – attending wellness fairs throughout the county • Boys and Girls Club Breakfast
• Attending Navy League Channel Islands Lunch to present a Seabee of the Year certificate • Attended all committee meetings, nothing to report
• Upcoming All Children Thrive Equity Advisory Group meeting • Attended 9th Annual Sergeant Ron Helus Ride for the Blue Councilmember Hernandez:
• Thanked Hueneme Elementary for the display of artwork in the Council Chamber
REQUEST FOR FUTURE AGENDA ITEMS
Councilmember Hernandez:
1. Noted pending requests regarding a climate change presentation and an update to the Council Policies and Procedures manual; and requested that the Council Policies and Procedures update include the role of alternates.
Mayor Perez:
1. Requested an item be added to a future Council agenda to consider the POW/MIA flag which includes research of what’s appropriate for when it should be flown, seconded by Councilmember Hernandez. Motion passed, 4-0-1 (Councilmember Gama absent).
2. Thanked City Attorney Joan Smyth and invited Ms. Smyth to introduce herself.
ADJOURNMENT
The City Council adjourned at 8:32 p.m. to its next regular meeting scheduled for Monday, May 20, 2024, at 6:30 p.m.
Respectfully Submitted:
Georgianna Nicole Alvarez, MMC, CPMC
City Clerk
Agenda Item No. 04 Page 8 of 9 CC Agenda 05-20-2024
CC & HA Regular Meeting Minutes – May 6, 2024, Page 9 of 9 Approved this 20th day of May, 2024:
_________________________________
Misty Perez, Mayor
Agenda Item No. 04 Page 9 of 9 CC Agenda 05-20-2024
DATE: May 20, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Lupe Acero, Finance Director
SUBJECT: REGISTER OF DISBURSEMENTS
RECOMMENDATION:
Receive and file the City’s Register of Disbursements for the period of April 27, 2024 through May 9, 2024.
BACKGROUND/ANALYSIS:
Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Finance Department staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual. The summary table below represents the Register of Disbursements as required by the Municipal Code § 2302 and included for the listed check dates. The disbursements are accounted for in the current budget.
Date Type of Payment Attachment Amount
May 3, 2024 A/P Checks 136205-136262 A $705,492.71
May 3, 2024 A/P Checks 136263-136331 B $1,221,261.34
May 9, 2024 Payroll Distribution C $353,682.20
TOTAL $2,280,436.25
FISCAL IMPACT:
This is an informational report only.
ATTACHMENTS:
A through C: Disbursement Registers
Agenda Item No. 05 Page 1 of 18 CC Agenda 05-20-2024
This Page Intentionally Left Blank
Agenda Item No. 05 Page 2 of 18 CC Agenda 05-20-2024
Disbursements for 5/3/2024 Attachment A
5/14/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount ALL CITY MANAGEMENT SERVICES, INC 3984 3/3/24 - 3/16/24 CROSSING GUARD SERVICES 101440-5204 General Fund 20240054 92040 05/03/2024 136205 5,169.60 BOYS & GIRLS CLUBS OF GREATER 1962 4/1/23-6/30/23 CETIP QUARTER SALARIES & SUPPLIES 210442-5234 Grant Tracking Fund
20240103 3573 05/03/2024 136206 32,192.73
BOYS & GIRLS CLUBS OF GREATER 1962 10/1/23-12/31/23 CETIP QUARTER SALARIES &
SUPPLIES
210442-5234 Grant Tracking
Fund
20240103 3726 05/03/2024 136206 38,159.83
BOYS & GIRLS CLUBS OF GREATER 1962 7/1/23-9/30/23 CETIP QUARTER SALARIES & SUPPLIES 210442-5234 Grant Tracking Fund
20240103 3590 05/03/2024 136207 32,418.13
CANON FINANCIAL SERVICES, INC 3733 001-0668326-009 HR COPIER SERVICES - APRIL 2024 101115-5220 General Fund 32424828 05/03/2024 136208 242.71 CITY OF OXNARD 2293 FEB'24 FIRELINE PORTION- 234633-252984 UTIL BILL 301560-5300 Water Operations Fund
2984 03182024B 05/03/2024 136209 85.01
CITY OF OXNARD 2293 230981-253278 OXNARD SEWER TRMNT UTIL BILLJAN'24303562-5232 Wastewater Operations Fund
3278 04042024A 05/03/2024 136210 104,965.63
CITY OF OXNARD 2293 230981-253278 OXNARD SEWER TRMNT UTIL BILLFEB'24303562-5232 Wastewater Operations Fund
3278 04042024B 05/03/2024 136210 115,403.03
COASTAL PIPCO INC 308 WATER PLANT SUPPLIES-PVC
PIPE/SOCKETS/PRIMR/CEMENT
302561-5520 Water Plant
Operations Fund
S2253114.001 05/03/2024 136211 89.40
FAMCON PIPE SUPPLY INC 337 ENGINEERING SUPPLIES-GASKET/BOLTS/FLANGE 101550-5700 General Fund S100123330.001 05/03/2024 136212 1,866.15 FAMCON PIPE SUPPLY INC 337 WASTEWATER SUPPLIES-WW FORCEMAIN BREAKPIPE303562-5700 Wastewater Operations Fund
20240158 S100123436.001 05/03/2024 136212 9,276.81
FAMCON PIPE SUPPLY INC 337 WATER PLANT SUPPLIES-ARMORCAST AIR&VAC FOR PHWA
302561-5520 Water Plant
Operations Fund
S100125829.001 05/03/2024 136212 1,812.53
FAMCON PIPE SUPPLY INC 337 WATER SUPPLIES-VALVE/ BREAKOFF BOLTS & NUTS 301560-5526 Water Operations Fund
S100126078.001 05/03/2024 136212 1,043.54
FAMCON PIPE SUPPLY INC 337 WATER SUPPLIES-FIRE HYDRANT 301560-5526 Water Operations Fund
S100126288.001 05/03/2024 136212 2,962.25
FGL ENVIRONMENTAL 339 BACTI/MISC WATER QUALITY ANALYSIS COPH 301560-5230 Water Operations Fund
20240012 404380A 05/03/2024 136213 125.00
FGL ENVIRONMENTAL 339 BACTI/MISC WATER QUALITY ANALYSIS COPH 301560-5230 Water Operations Fund
20240012 405765A 05/03/2024 136213 125.00
Check No. 136211
Check Total: 89.40
Check No. 136212
Check Total: 16961.28
Check No. 136213
Check Total: 250.00
Check No. 136208
Check Total: 242.71
Check No. 136209
Check Total: 85.01
Check No. 136210
Check Total: 220368.66
Check No. 136205
Check Total: 5169.60
Check No. 136206
Check Total: 70352.56
Check No. 136207
Check Total: 32418.13
Agenda Item No. 05 Page 3 of 18 CC Agenda 05-20-2024
Disbursements for 5/3/2024 Attachment A
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount FIDELITY SECURITY LIFE INSURANCE CO 5465 MAY'24 RETIREE VISION PREMIUMS 501000-2245 Payroll Clearing Fund
166257699 05/03/2024 136214 421.19
FIDELITY SECURITY LIFE INSURANCE CO 5465 MAY'24 REG EE VISION PREMIUMS 501000-2245 Payroll Clearing Fund
166260198 05/03/2024 136214 1,299.33
FLO-SYSTEMS, INC 340 WASTEWATER SUPPLIES-WW FORCEMAIN BREAKWEMCO PUMP303562-5700 Wastewater Operations Fund
F19387-24V024 05/03/2024 136215 2,709.28
FRONTIER COMMUNICATIONS 4230 805-488-0585-020309-5 UTILITY BILL 101672-5300 General Fund 309-5 04132024 05/03/2024 136216 65.51 FRONTIER COMMUNICATIONS 4230 805-986-3538-011498-5 UTILITY BILL 302561-5300 Water Plant Operations Fund
498-5 04222024 05/03/2024 136217 357.87
FRONTIER COMMUNICATIONS 4230 805-986-9877-052600-5 UTILITY BILL 101672-5300 General Fund 600-5 04192024 05/03/2024 136218 61.12 FRONTIER COMMUNICATIONS 4230 805-271-0227-062700-5 UTILITY BILL 101111-5300 General Fund 700-5 04192024 05/03/2024 136219 61.12 FRONTIER COMMUNICATIONS 4230 209-151-1419-122089-5 UTILITY BILL 303562-5300 Wastewater Operations Fund
089-5 04162024 05/03/2024 136220 43.23
FRONTIER COMMUNICATIONS 4230 209-188-1321-052200-5 UTILITY BILL 101111-5300 General Fund 200-5 04132024 05/03/2024 136221 1,646.70 FRONTIER COMMUNICATIONS 4230 209-151-1414-121576-5 UTILITY BILL 303562-5300 Wastewater Operations Fund
576-5 04132024 05/03/2024 136222 88.47
FRONTIER COMMUNICATIONS 4230 805-271-9955-121397-5 UTILITY BILL 101111-5300 General Fund 397-5 04132024 05/03/2024 136223 61.12 FRONTIER COMMUNICATIONS 4230 805-486-9195-00305-5 UTILITY BIL 101672-5300 General Fund 305-5 04132024 05/03/2024 136224 128.24 FRONTIER COMMUNICATIONS 4230 805-271-0360-111820-5 UTILITY BILL 304563-5300 Solid Waste Operations Fund
820-5 04182024 05/03/2024 136225 102.29
FRONTIER COMMUNICATIONS 4230 805-271-0360-111820-5 UTILITY BILL 301560-5300 Water Operations Fund
820-5 04182024 05/03/2024 136225 102.29
Check No. 136223
Check Total: 61.12
Check No. 136224
Check Total: 128.24
Check No. 136225
Check No. 136220
Check Total: 43.23
Check No. 136221
Check Total: 1646.70
Check No. 136222
Check Total: 88.47
Check No. 136217
Check Total: 357.87
Check No. 136218
Check Total: 61.12
Check No. 136219
Check Total: 61.12
Check No. 136214
Check Total: 1720.52
Check No. 136215
Check Total: 2709.28
Check No. 136216
Check Total: 65.51
Agenda Item No. 05 Page 4 of 18 CC Agenda 05-20-2024
Disbursements for 5/3/2024 Attachment A
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount FRONTIER COMMUNICATIONS 4230 805-271-0360-111820-5 UTILITY BILL 303562-5300 Wastewater Operations Fund
820-5 04182024 05/03/2024 136225 102.28
GAMA, STEVEN 5189 APRIL 2024 MEDICAL REIMBURSEMENT 101110-5160 General Fund 04302024 05/03/2024 136226 224.78 HDL COREN & CONE 3041 APRIL-JUNE 2024 PROPERTY TAX CONTRACT SVCS 101111-5204 General Fund 20240090 SIN038199 05/03/2024 136227 3,558.52 HERNANDEZ, LAURA 4723 APRIL 2024 MEDICAL REIMBURSEMENT 101110-5160 General Fund 04292024 05/03/2024 136228 382.70 HERNANDEZ, LAURA 4723 TRAVEL REIMBURSEMENT-SISTER CITY-PUERTO
VALLARTA
208111-5234 Community Benefit
Fund
04242024
HERNANDEZ
05/03/2024 136229 1,370.77
HOLLISTER & BRACE 4735 MAR'24 WATER RIGHTS AND OPV BASIN
ADJUDICATION
301560-5202 Water Operations
Fund
20240132 10294944 05/03/2024 136230 7,535.00
KPCS CONSULTING, LLC 52 OFFICE 365 MIGRATION/IMPLEMENTATION LICENSES 101116-5223 General Fund 20240068 24200046 05/03/2024 136231 269.00 LAUTERBACH & ASSOCIATES INC 372 SV THRU 1/31/24 LANDSCAPE: BRODERSEN 4205 & 4189
101330-5204 General Fund 13725 17008R1 05/03/2024 136232 4,498.00 MARTINEZ, BOBBY 5065 TRAVEL REIMBURSEMENT-PER DIEM CORRECTION 208111-5234 Community Benefit Fund
04242024
MARTINEZ
05/03/2024 136233 178.00
NATIONAL BUSINESS FURNITURE, LLC 2221 PD STORM DAMAGE FURNITURE REPLACEMENT 101111-5250 General Fund MK604703 05/03/2024 136234 3,312.99 PEREZ, JOSE 333 4/26/24 PD ADM & PATROL CAR WASHES 101441-5215 General Fund 04262024-PD 05/03/2024 136235 300.00 PFM GROUP CONSULTING LLC 4524 JANUARY 2024 ECONOMIC DEVELOPMENT PLAN 101330-5204 General Fund 20240168 129811 05/03/2024 136236 23,558.75 PFM GROUP CONSULTING LLC 4524 MARCH 2024-ECONOMIC DEVELOPMENT PLAN 101330-5204 General Fund 20240168 130288 05/03/2024 136236 20,150.69 Check No. 136235
Check Total: 300.00
Check No. 136236
Check Total: 43709.44
Check No. 136232
Check Total: 4498.00
Check No. 136233
Check Total: 178.00
Check No. 136234
Check Total: 3312.99
Check No. 136229
Check Total: 1370.77
Check No. 136230
Check Total: 7535.00
Check No. 136231
Check Total: 269.00
Check No. 136226
Check Total: 224.78
Check No. 136227
Check Total: 3558.52
Check No. 136228
Check Total: 382.70
Check Total: 306.86
Agenda Item No. 05 Page 5 of 18 CC Agenda 05-20-2024
Disbursements for 5/3/2024 Attachment A
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount REFUND 99999 CUST ACCT CLOSED- WATER/SEWER/TRASH UTIL
DEP REFND
301000-2408 Water Operations
Fund
000038783-
001033168
05/03/2024 136237 51.76
REFUND 99999 RETROACTIVE CANNABIS REFUND-HUENEME
PATIENT CONSMR
101000-2211 General Fund 04292024 HPC 05/03/2024 136238 180,550.73 REFUND 99999 CUST REQUEST - OVERPAID ON UTIL ACCT 301000-2408 Water Operations Fund
000040629-
001033336
05/03/2024 136239 310.17
REFUND 99999 CUST ACCT CLOSED- WATER/SEWER/TRASH UTIL
DEP REFND
301000-2408 Water Operations
Fund
000040687-
001022808
05/03/2024 136240 41.78
REFUND 99999 CUST ACCT CLOSED- WATER/SEWER/TRASH UTIL
DEP REFND
301000-2408 Water Operations
Fund
000040833-
001033870
05/03/2024 136241 236.24
REFUND 99999 CUST ACCT CLOSED- WATER/SEWER/TRASH UTIL
DEP REFND
301000-2408 Water Operations
Fund
000037371-
001033346
05/03/2024 136242 112.83
REFUND 99999 OVERPAID ON UTIL ACCT 301000-2408 Water Operations Fund
000026835-
001019286
05/03/2024 136243 28.80
REFUND 99999 CUST ACCT CLOSED- WATER/SEWER/TRASH UTIL
DEP REFND
301000-2408 Water Operations
Fund
000040815-
001033878
05/03/2024 136244 121.72
REFUND 99999 CUST ACCT CLOSED- WATER/SEWER/TRASH UTIL
DEP REFND
301000-2408 Water Operations
Fund
000013103-
001033336
05/03/2024 136245 254.10
REFUND 99999 CUST ACCT CLOSED- WATER/SEWER/TRASH UTIL
DEP REFND
301000-2408 Water Operations
Fund
000033527-
001018176
05/03/2024 136246 41.38
SOUTHERN CALIFORNIA GAS CO 96 047 114 8100 4 UTILITY BILL 101111-5300 General Fund 8100 4 04122024 CITY
05/03/2024 136247 722.21
Check No. 136247
Check Total: 722.21
Check No. 136244
Check Total: 121.72
Check No. 136245
Check Total: 254.10
Check No. 136246
Check Total: 41.38
Check No. 136241
Check Total: 236.24
Check No. 136242
Check Total: 112.83
Check No. 136243
Check Total: 28.80
Check No. 136238
Check Total: 180550.73
Check No. 136239
Check Total: 310.17
Check No. 136240
Check Total: 41.78
Check No. 136237
Check Total: 51.76
Agenda Item No. 05 Page 6 of 18 CC Agenda 05-20-2024
Disbursements for 5/3/2024 Attachment A
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount SOUTHERN CALIFORNIA GAS CO 96 160 614 2000 2 UTILITY BILL 304563-5300 Solid Waste Operations Fund
2000 2 04152024 05/03/2024 136248 9.73
SOUTHERN CALIFORNIA GAS CO 96 160 614 2000 2 UTILITY BILL 301560-5300 Water Operations Fund
2000 2 04152024 05/03/2024 136248 9.73
SOUTHERN CALIFORNIA GAS CO 96 160 614 2000 2 UTILITY BILL 303562-5300 Wastewater Operations Fund
2000 2 04152024 05/03/2024 136248 9.73
SOUTHERN CALIFORNIA EDISON 177 700601658611 UTILITY BILL-VARIOUS PARK LIGHTS 101672-5300 General Fund 8611 04162024 05/03/2024 136249 898.01 SOUTHERN CALIFORNIA EDISON 177 700117220504 PHWA UTILITY BILL-5751 PERKINS RD 302561-5300 Water Plant Operations Fund
0504 04192024 05/03/2024 136250 16,213.85
SOUTHERN CALIFORNIA EDISON 177 700223277573 UTILITY BILL 212781-5300 Surplus Property Auth Fund
7573 04152024 05/03/2024 136251 327.89
SOUTHERN CALIFORNIA EDISON 177 700523065874 UTILITY BILL 212781-5300 Surplus Property Auth Fund
5874 04152024 05/03/2024 136252 399.13
SOUTHERN CALIFORNIA EDISON 177 700536932531 UTILITY BILL 101111-5300 General Fund 2531 04152024 05/03/2024 136253 3,122.94 SOUTHERN CALIFORNIA EDISON 177 700550615591 UTILITY BILL 303562-5300 Wastewater Operations Fund
5591 04152024 05/03/2024 136254 31.46
SOUTHERN CALIFORNIA EDISON 177 700550615591 UTILITY BILL 304563-5300 Solid Waste Operations Fund
5591 04152024 05/03/2024 136254 31.47
SOUTHERN CALIFORNIA EDISON 177 700550615591 UTILITY BILL 301560-5300 Water Operations Fund
5591 04152024 05/03/2024 136254 31.46
SOUTHERN CALIFORNIA EDISON 177 700593005201 UTILITY BILL 101555-5300 General Fund 5201 04162024 05/03/2024 136255 236.09 SOUTHERN CALIFORNIA EDISON 177 700594355824 UTILITY BILL 303562-5300 Wastewater Operations Fund
5824 04182024 05/03/2024 136256 936.15
SOUTHERN CALIFORNIA EDISON 177 700599198851 UTILITY BILL 101672-5300 General Fund 8851 04152024 05/03/2024 136257 322.86 SOUTHERN CALIFORNIA EDISON 2200 CROSSJACK ST X SEAMIST ST LIGHT INSTALL7590514778101551-5204 General Fund 20240150 519250 05/03/2024 136258 6,251.85 Check No. 136256
Check Total: 936.15
Check No. 136257
Check Total: 322.86
Check No. 136258
Check Total: 6251.85
Check No. 136253
Check Total: 3122.94
Check No. 136254
Check Total: 94.39
Check No. 136255
Check Total: 236.09
Check No. 136250
Check Total: 16213.85
Check No. 136251
Check Total: 327.89
Check No. 136252
Check Total: 399.13
Check No. 136248
Check Total: 29.19
Check No. 136249
Check Total: 898.01
Agenda Item No. 05 Page 7 of 18 CC Agenda 05-20-2024
Disbursements for 5/3/2024 Attachment A
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount TOSHIBA AMERICA BUSINESS SOLUTIONS 1050 1/28/24-4/27/24 COPIER SERVICES-ESTUDIO4555C 301560-5220 Water Operations Fund
6018896 05/03/2024 136259 212.57
TOSHIBA AMERICA BUSINESS SOLUTIONS 1050 1/28/24-4/27/24 COPIER SERVICES-ESTUDIO4555C 303562-5220 Wastewater Operations Fund
6018896 05/03/2024 136259 212.57
TOSHIBA AMERICA BUSINESS SOLUTIONS 1050 1/28/24-4/27/24 COPIER SERVICES-ESTUDIO4555C 304563-5220 Solid Waste Operations Fund
6018896 05/03/2024 136259 212.58
VENTURA COUNTY ANIMAL REGULATION 524 1/1/2024-3/31/2024 ANIMAL LICENSE SERVICES 101332-5210 General Fund 20240065 Q3 FY23-24 05/03/2024 136260 70,819.67 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 302561-5301 Water Plant Operations Fund
9961787119A 05/03/2024 136261 108.32
VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101330-5301 General Fund 9961787119A 05/03/2024 136261 41.51 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101331-5301 General Fund 9961787119A 05/03/2024 136261 83.02 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101673-5301 General Fund 9961787119A 05/03/2024 136261 432.76 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 304563-5301 Solid Waste Operations Fund
9961787119A 05/03/2024 136261 750.21
VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101115-5301 General Fund 9961787119A 05/03/2024 136261 87.91 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101551-5301 General Fund 9961787119A 05/03/2024 136261 166.14 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101550-5301 General Fund 9961787119A 05/03/2024 136261 257.56 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101333-5301 General Fund 9961787119A 05/03/2024 136261 41.51 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101553-5301 General Fund 9961787119A 05/03/2024 136261 578.35 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101780-5301 General Fund 9961787119A 05/03/2024 136261 574.26 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101112-5301 General Fund 9961787119A 05/03/2024 136261 41.51 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 301560-5301 Water Operations Fund
9961787119A 05/03/2024 136261 483.19
VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101550-5301 General Fund 9961787119A 05/03/2024 136261 46.51 VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 303562-5301 Wastewater Operations Fund
9961787119A 05/03/2024 136261 244.54
VERIZON WIRELESS 3292 971818098-00002 MAR'24-APR'24 UTILITY BILL-CITY 101332-5301 General Fund 9961787119A 05/03/2024 136261 41.51 WESTERN EXTERMINATOR CO 211 PEST CONTROL MAINTENANCE-746 INDUSTRIAL 101780-5212 General Fund 59483086 05/03/2024 136262 225.85 Grand Total 705,492.71
Check No. 136262
Check Total: 225.85
Check No. 136259
Check Total: 637.72
Check No. 136260
Check Total: 70819.67
Check No. 136261
Check Total: 3978.81
Agenda Item No. 05 Page 8 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Accounts Payable Check Register
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount ADS, LLC 2479 APR'24 WASTEWATER FLOW MONITORING
SERVICES
303562-5204 Wastewater
Operations Fund
1 22815-0424 05/09/2024 136263 1,796.00
AWA 4291 2024 CCWUC OPERATOR TECHNOLOGY
WORKSHOP
301560-5411 Water Operations
Fund
06-15667 05/09/2024 136264 375.00
AWA 4291 2024 CCWUC OPERATOR TECHNOLOGY
WORKSHOP
302561-5411 Water Plant
Operations Fund
06-15667 05/09/2024 136264 375.00
BFS GROUP OF CA, LLC 4358 LANDSCAPE SUPPLIES-4X8 3PLY SHEATHING 101553-5540 General Fund 75263276-00 05/09/2024 136265 196.95 BLACK GOLD INDUSTRIES 279 WATER SUPPLIES-NON-REGULATED WASTEASBESTOS PIPING 301560-5520 Water Operations
Fund
4669RV 05/09/2024 136266 799.50
BOYS & GIRLS CLUBS OF GREATER 1962 1/1/24-3/31/24 CETIP QUARTER SALARIES &
SUPPLIES
210442-5234 Grant Tracking
Fund
20240103 3746 05/09/2024 136267 47,465.66
BRINKS INC 2924 APRIL 2024 TRANSPORT SERVICES 101111-5204 General Fund 6542737 05/09/2024 136268 259.94 BRINKS INC 2924 MAY 2024 TRANSPORT SERVICES 101111-5204 General Fund 12596028 05/09/2024 136269 666.16 BURKE, WILLIAMS & SORENSEN, LLP 287 MARCH 2024 PROFESSIONAL LEGAL SERVICES 101115-5202 General Fund 20240069 319261 05/09/2024 136270 2,446.50 CALIFORNIA WOOD RECYCLING 291 APRIL 16-30, 2024 WOOD AND BRUSH BILLING 304563-5233 Solid Waste Operations Fund
144877C-IN 05/09/2024 136271 221.12
CCP INDUSTRIES 4688 REFUSE SUPPLIES-POWDER FREE TEXTURED GLOVES
304563-5540 Solid Waste
Operations Fund
IN03492506 05/09/2024 136272 193.20
CDW GOVERNMENT, INC. 956 IT SUPPLIES-UPS TEMPERATURE SENSOR 101116-5540 General Fund QF14651 05/09/2024 136273 270.10 CHAPIN'S 302 STREETS SUPPLIES- CONCRETE 101551-5524 General Fund 248933 05/09/2024 136274 191.06 CHARTER COMMUNICATIONS 5322 8448 20 025 0052429 APR'24 CABLE UTILITY BILL 101440-5301 General Fund 0052429040124 05/09/2024 136275 213.20 Check No. 136263
Check Total: 1796.00
Check No. 136264
Check Total: 750.00
Check No. 136265
Check Total: 196.95
Check No. 136266
Check Total: 799.50
Check No. 136267
Check Total: 47465.66
Check No. 136268
Check Total: 259.94
Check No. 136269
Check Total: 666.16
Check No. 136270
Check Total: 2446.50
Check No. 136271
Check Total: 221.12
Check No. 136272
Check Total: 193.20
Check No. 136273
Check Total: 270.10
Check No. 136274
Check Total: 191.06
Check No. 136275
Agenda Item No. 05 Page 9 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount CITY OF OXNARD 2293 MAR'24 FIRELINE PORTION- 234633-252984 UTIL BILL
302561-5300 Water Plant
Operations Fund
2984 04162024B 05/09/2024 136276 85.01
CIVICPLUS 3370 HUENEME BEACH FESTIVAL NEW WEBSITE
SVCS
101112-5204 General Fund 20240167 300761 05/09/2024 136277 7,184.17 COASTLINE EQUIPMENT 309 STREETS SUPPLIES - TIP REPLACEMENTS 101551-5523 General Fund 1123855 05/09/2024 136278 157.40 COUNTY FIRST FIRE, LLC 2350 COMM CNTR-REMOVE SYSTEM BOTTLE FROM
ANSUL FIRE SYS
101780-5212 General Fund 24-30277 05/09/2024 136279 330.00 COUNTY OF VENTURA 4270 NOTICE OF EXEMPTION-PHCU-849 MM1
WHEELHOUSE LOUNGE
101000-4400 General Fund 04192024 05/09/2024 136280 50.00 COUNTY OF VENTURA 4270 NOTICE OF EXEMPTION-PHDA-850 MM1-
WHEELHOUSE LOUNGE
101000-4400 General Fund 04182024 05/09/2024 136281 50.00 DATAPROSE, INC 3718 MAY 2024 WATER INFORMATION COPH UTIL BILL INSERT
301560-5203 Water Operations
Fund
3P89180 05/09/2024 136282 609.66
DON & TOM'S FRONT END 332 AUTOMOTIVE REPAIRS-PWS VEH2102-
ALIGNMENT
101554-5215 General Fund 34965 05/09/2024 136283 155.00 FAMCON PIPE SUPPLY INC 337 WASTE WATER SUPPLIES-WW FRCEMAIN
BREAK-PIPE/GASKTS
303562-5700 Wastewater
Operations Fund
20240159 S100123172.001 05/09/2024 136284 26,819.63
FGL ENVIRONMENTAL 339 BACTI/MISC WATER QUALITY ANALYSIS PHWA 302561-5230 Water Plant Operations Fund
20240014 404378A 05/09/2024 136285 85.00
FGL ENVIRONMENTAL 339 INORGANIC/MISC WATER QUALITY ANALYSIS PHWA
302561-5230 Water Plant
Operations Fund
20240014 405204A 05/09/2024 136285 98.00
FGL ENVIRONMENTAL 339 INORGANIC/MISC WATER QUALITY ANALYSIS PHWA
302561-5230 Water Plant
Operations Fund
20240014 405205A 05/09/2024 136285 55.00
FGL ENVIRONMENTAL 339 BACTI/MISC WATER QUALITY ANALYSIS PHWA 302561-5230 Water Plant Operations Fund
20240014 405766A 05/09/2024 136285 85.00
FGL ENVIRONMENTAL 339 SUPPORT WATER QUALITY ANALYSIS COPH 301560-5230 Water Operations Fund
20240012 406119A 05/09/2024 136285 40.00
FRONTIER COMMUNICATIONS 4230 209-105-5253-112499-5 UTILITY BILL 101440-5301 General Fund 499-5 04222024 05/09/2024 136286 111.17 Check Total: 213.20
Check No. 136276
Check Total: 85.01
Check No. 136277
Check Total: 7184.17
Check No. 136278
Check Total: 157.40
Check No. 136279
Check Total: 330.00
Check No. 136280
Check Total: 50.00
Check No. 136281
Check Total: 50.00
Check No. 136282
Check Total: 609.66
Check No. 136283
Check Total: 155.00
Check No. 136284
Check Total: 26819.63
Check No. 136285
Check Total: 363.00
Check No. 136286
Check Total: 111.17
Agenda Item No. 05 Page 10 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount FRONTIER COMMUNICATIONS 4230 209-151-1420-122089-5 UTILITY BILL 303562-5300 Wastewater Operations Fund
089-5 04192024 05/09/2024 136287 43.23
GOLD COAST TRANSIT 2406 APRIL 2024 GOLD COAST TRANSIT PASSES SOLD
101000-2215 General Fund 05072024 APR24 05/09/2024 136288 130.00 GRAINGER INC 345 WATER PLANT SUPPLIES-MALE X
COMPRESSION TEE
302561-5520 Water Plant
Operations Fund
9087937695 05/09/2024 136289 89.54
GRAINGER INC 345 WATER PLANT SUPPLIES-LOCKNUT OVERALLS 302561-5520 Water Plant Operations Fund
9095764438 05/09/2024 136289 206.70
GRAINGER INC 345 WATER PLANT SUPPLIES-THREADED CHASE
NIPPLIES
302561-5520 Water Plant
Operations Fund
9095764446 05/09/2024 136289 471.96
GRAINGER INC 345 FM SUPPLIES-PD-AIR FILTERS 101780-5520 General Fund 9095764453 05/09/2024 136289 291.94 GRAINGER INC 345 FM SUPPLIES-B SPRINGS PRJCT-CONDUIT
CLAMP
101780-5700 Grant Tracking
Fund
9097567847 05/09/2024 136289 18.06
GRAINGER INC 345 FM SUPPLIES-CITY HALL-AIR FILTERS 101780-5520 General Fund 9097567854 05/09/2024 136289 166.50 GRAINGER INC 345 FM SUPPLIES-PD-AIR FILTERS 101780-5520 General Fund 9097567862 05/09/2024 136289 22.96 GRAINGER INC 345 PD SUPPLIES-MEASURING WHEEL 101440-5540 General Fund 9103870557 05/09/2024 136289 78.93 GRAINGER INC 345 WASTEWATER SUPPLIES-AMP METERS FOR EIT 303562-5526 Wastewater Operations Fund
9106979801 05/09/2024 136289 880.30
GRAINGER INC 345 LANDSCAPE SUPPLIES-CROSS FIRE TRIMMER
LINE
101553-5523 General Fund 9109920331 05/09/2024 136289 137.06 GREEN THUMB INTERNATIONAL INC 346 LANDSCAPE SUPPLIES-TRIMMER LINE 101553-5523 General Fund 536390 05/09/2024 136290 174.53 HD SUPPLY FACILITIES MAINTENANCE 116 FM SUPPLIES-CLEANING SUPPLIESDISINFECTANT 101780-5520 General Fund 9224929296 05/09/2024 136291 174.61 HOME DEPOT CREDIT SERVICES 115 FM SUPPLIES-B SPRINGS PRJCT-PIPE CLAMPS 101780-5700 General Fund 8041665 05/09/2024 136292 14.29 HOME DEPOT CREDIT SERVICES 115 WATER SUPPLIES-TARP/PVC
CEMENT/KNIFE/TAPE/PRIMER
301560-5526 Water Operations
Fund
7802204 05/09/2024 136293 368.05
HOME DEPOT CREDIT SERVICES 115 FM SUPPLIES-SNAKE INNERCORE CABLE 101780-5526 General Fund 3042321 05/09/2024 136294 55.74 HOME DEPOT CREDIT SERVICES 115 FM SUPPLIES-303 HARBOR BREEZE-PAINT 101780-5520 General Fund 3042320 05/09/2024 136295 464.60 Check No. 136287
Check Total: 43.23
Check No. 136288
Check Total: 130.00
Check No. 136289
Check Total: 2363.95
Check No. 136290
Check Total: 174.53
Check No. 136291
Check Total: 174.61
Check No. 136292
Check Total: 14.29
Check No. 136293
Check Total: 368.05
Check No. 136294
Check Total: 55.74
Check No. 136295
Check Total: 464.60
Check No. 136296
Agenda Item No. 05 Page 11 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount JOHNSON CONTROLS SECURITY SOLUTIONS 4634 5/1/24 - 7/31/24 ALARM SECURITY SYSTEM
SERVICES
301560-5212 Water Operations
Fund
40064565 05/09/2024 136296 797.77
JOHNSON CONTROLS SECURITY SOLUTIONS 4634 5/1/24 - 7/31/24 ALARM SECURITY SYSTEM
SERVICES
304563-5212 Solid Waste
Operations Fund
40064565 05/09/2024 136296 797.79
JOHNSON CONTROLS SECURITY SOLUTIONS 4634 5/1/24 - 7/31/24 ALARM SECURITY SYSTEM
SERVICES
303562-5212 Wastewater
Operations Fund
40064565 05/09/2024 136296 797.77
KIMBALL MIDWEST 366 AUTOMOTIVE SUPPLIES-INVENTORYFLATWASHERS/PLUG/ETC 101554-5523 General Fund 102164734 05/09/2024 136297 374.76 LEADSONLINE PARENT LLC 4476 PD-CELLHAWK SUBSCRIPTION-TIER 3- 6/15/24- 6/14/25
101000-1300 General Fund 20240166 410683 05/09/2024 136298 5,299.00 LEGALSHIELD 545 APR'24 VOLUNTARY LEGAL-J
JOHNSON/HMONTELONGO
501000-2267 Payroll Clearing
Fund
20240425 05/09/2024 136299 52.85
LINCOLN NATIONAL LIFE INSURANCE CO 2567 MAY 2024 INSURANCE PREMIUMS-REF # 4695364793
501000-2243 Payroll Clearing
Fund
4010 04202024A 05/09/2024 136300 7,812.05
LINCOLN NATIONAL LIFE INSURANCE CO 2567 MAY 2024 VOLUNTARY- REF #4695364793 501000-2252 Payroll Clearing Fund
4010 04202024B 05/09/2024 136300 2,690.95
LTM INDUSTRIES, INC 374 AUTOMOTIVE REPAIRS-PWSW VEH 9132-OIL LEAK
101554-5215 General Fund 6272 05/09/2024 136301 1,465.47 MCCROMETER, INC. 563 WATER PLANT EQUIPMENT-ACCURACT TEST 12" METER
302561-5520 Water Plant
Operations Fund
601872 05/09/2024 136302 816.91
MILNER-VILLA CONSULTING 3036 APR'24 PROFESSIONAL CONSULTING SERVICES 302561-5204 Water Plant Operations Fund
20240134 2024-PHWAOS-003 05/09/2024 136303 3,180.00
MONTELONGO, FRANK 2216 TRAVEL REIMBURSEMENT-AXON ACCELERATE
TRAINING CONF
101442-5411 General Fund 04202024
MONTELONGO
05/09/2024 136304 171.12
ODP BUSINESS SOLUTIONS, LLC 393 CREDIT MEMO-1099 NEC ENVELOPE OVERAGE
RETURNED
101220-5500 General Fund 351559154001 05/09/2024 136305 -103.71 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-NAPKINS 101115-5500 General Fund 353991614001 05/09/2024 136305 18.81 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-WATER 101115-5500 General Fund 353994634001 05/09/2024 136305 39.12 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-ERGONOMIC KEYBOARD 101115-5234 General Fund 355312859001 05/09/2024 136305 152.24 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-CUPS/STIR STICKS 101115-5500 General Fund 355313078001 05/09/2024 136305 60.83 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-FRUIT SNACKS-MEETING 101115-5500 General Fund 355313079001 05/09/2024 136305 25.75 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-ENVELOPES 101115-5500 General Fund 357753554001 05/09/2024 136305 41.30 Check Total: 2393.33
Check No. 136297
Check Total: 374.76
Check No. 136298
Check Total: 5299.00
Check No. 136299
Check Total: 52.85
Check No. 136300
Check Total: 10503.00
Check No. 136301
Check Total: 1465.47
Check No. 136302
Check Total: 816.91
Check No. 136303
Check Total: 3180.00
Check No. 136304
Check Total: 171.12
Check No. 136305
Agenda Item No. 05 Page 12 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-BROOM AND DUST PAN SET 101115-5500 General Fund 357754977001 05/09/2024 136305 59.37 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-NUTS/PRESSBOARD 101115-5500 General Fund 361182946001 05/09/2024 136305 84.45 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-RICE KRISPIES-MEETING 101115-5500 General Fund 361186042001 05/09/2024 136305 24.64 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-TRAININGALMONDS/CRACKERSCOOKIES 101115-5500 General Fund 361186043001 05/09/2024 136305 220.63 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-TRAINING-COOKIES 101115-5500 General Fund 361186057001 05/09/2024 136305 22.29 ODP BUSINESS SOLUTIONS, LLC 393 OFFICE SUPPLIES-IT-RISING DESK 101115-5540 General Fund 361436678001 05/09/2024 136305 384.58 PEREZ, JOSE 333 4/23/24 CD CAR WASHES-CODE ENF/PRK
ENF/CITY ADM
101554-5215 General Fund 04232024-CD 05/09/2024 136306 25.00 PEREZ, JOSE 333 4/23/24 CD CAR WASHES-CODE ENF/PRK
ENF/CITY ADM
101554-5215 General Fund 04232024-CD 05/09/2024 136306 25.00 PEREZ, JOSE 333 4/23/24 CD CAR WASHES-CODE ENF/PRK
ENF/CITY ADM
101554-5215 General Fund 04232024-CD 05/09/2024 136306 25.00 PEREZ, JOSE 333 4/23/24 CD CAR WASHES-CODE ENF/PRK
ENF/CITY ADM
101554-5215 General Fund 04232024-CD 05/09/2024 136306 25.00 PEREZ, JOSE 333 4/23/24 CD CAR WASHES-CODE ENF/PRK
ENF/CITY ADM
101554-5215 General Fund 04232024-CD 05/09/2024 136306 25.00 PFM GROUP CONSULTING LLC 4524 FEBRUARY 2024-ECONOMIC DEVELOPMENT PLAN
101330-5204 General Fund 20240168 129812 05/09/2024 136307 13,721.52 PLATINUM TOW AND TRANSPORT, INC 3781 TOW AND STORAGE SERVICES 101441-5204 General Fund 118864 05/09/2024 136308 310.00 PLATINUM TOW AND TRANSPORT, INC 3781 TOW AND STORAGE SERVICES 101441-5204 General Fund 119238 05/09/2024 136308 310.00 PLATINUM TOW AND TRANSPORT, INC 3781 TOW AND STORAGE SERVICES 101441-5204 General Fund 119239 05/09/2024 136308 310.00 PLATINUM TOW AND TRANSPORT, INC 3781 TOW AND STORAGE SERVICES 101441-5204 General Fund 119240 05/09/2024 136308 310.00 PLATINUM TOW AND TRANSPORT, INC 3781 TOW AND STORAGE SERVICES 101441-5204 General Fund 119248 05/09/2024 136308 310.00 PLATINUM TOW AND TRANSPORT, INC 3781 TOW AND STORAGE SERVICES 101441-5204 General Fund 119249 05/09/2024 136308 310.00 PORTASTOR 3947 3/27/24-4/26/24 P-089 STORAGE CONTAINER
SERVICES
101442-5220 General Fund 422623 05/09/2024 136309 85.00 PORTASTOR 3947 4/4/24-5/3/24 G-195 PD STORAGE CONTAINER
SERVICES
101442-5220 General Fund 423356 05/09/2024 136309 85.00 PROFORCE LAW ENFORCEMENT 829 PD RANGE SUPPLIES-RIFLE CONFIGURATIONSIG LE MCX 5 101441-5511 General Fund 547439 05/09/2024 136310 2,247.54 PSR ENVIRONMENTAL SERVICES, INC 557 4/15/24 MONTHLY UST UNDRGRND FUEL TANKS
INSPECTION
101554-5403 General Fund 19703 05/09/2024 136311 275.00 REFUND 99999 CUSTOMER REQUESTED REFUND 301000-2408 Water Operations Fund
000035023-
001033484
05/09/2024 136312 84.54
Check Total: 1030.30
Check No. 136306
Check Total: 125.00
Check No. 136307
Check Total: 13721.52
Check No. 136308
Check Total: 1860.00
Check No. 136309
Check Total: 170.00
Check No. 136310
Check Total: 2247.54
Check No. 136311
Check Total: 275.00
Check No. 136312
Agenda Item No. 05 Page 13 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount REFUND 99999 CUSTOMER HAS AUTOPAY 301000-2408 Water Operations Fund
000040601-
001023050
05/09/2024 136313 138.20
REFUND 99999 TENANT SECURITY DEPOSIT REFUND-R ZAVALA 101000-2501 General Fund 1537 04292024 05/09/2024 136314 1,319.81 RP BARRICADE 427 EQUIPMENT RENTAL-MORANDA PARK
PEDESTRIAN BARRICADE
101671-5234 General Fund 64432 05/09/2024 136315 1,150.00 RUBIO'S WELDING SERVICE 3305 ROLLOFF CONTAINER REPAIR 304563-5211 Solid Waste Operations Fund
4729 05/09/2024 136316 1,525.00
RUBIO'S WELDING SERVICE 3305 LANDSCAPE VEH 530 TRAILER BRACKET
REPAIRS
101554-5215 General Fund 4731 05/09/2024 136316 185.00
RUBIO'S WELDING SERVICE 3305 3Y BIN REPAIRS 304563-5211 Solid Waste Operations Fund
4727 05/09/2024 136317 1,525.00
RUBIO'S WELDING SERVICE 3305 3Y BIN REPAIRS 304563-5211 Solid Waste Operations Fund
4730 05/09/2024 136318 1,230.00
SC COMMERCIAL, LLC 3581 DIESEL EXHAUST FLUID 101554-5522 General Fund 2629602 05/09/2024 136319 600.62 SHRED-IT, C/O STERICYCLE, INC 4959 MAY 2024 BIOHAZARD DISPOSAL SERVICES 101442-5204 General Fund 8006836434 05/09/2024 136320 206.24 SHRED-IT, C/O STERICYCLE, INC 4959 APRIL 2024 DOCUMENT SHREDDING SERVICES 101442-5204 General Fund 8006997992 05/09/2024 136320 376.96 STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1 RETENTION -B SPRINGS PARK
RENEWL PRJCT
210000-2204 Grant Tracking
Fund
G207 RETENTION 05/09/2024 136321 -54,665.48
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 6,711.00
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 37,120.22
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 7,340.16
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 7,298.22
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 29,947.84
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 633,373.40
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 5,410.75
Check Total: 84.54
Check No. 136313
Check Total: 138.20
Check No. 136314
Check Total: 1319.81
Check No. 136315
Check Total: 1150.00
Check No. 136316
Check Total: 1710.00
Check No. 136317
Check Total: 1525.00
Check No. 136318
Check Total: 1230.00
Check No. 136319
Check Total: 600.62
Check No. 136320
Check Total: 583.20
Check No. 136321
Agenda Item No. 05 Page 14 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 153,867.95
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 5,620.45
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 33,676.12
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 129,242.90
STAPLES CONSTRUCTION COMPANY INC 5695 PAYMENT 1-B SPRINGS PARK RENEWL PRJCT
CONSTRUCTION
210780-5700 Grant Tracking
Fund
20240172 G702 05/09/2024 136321 43,700.66
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 213781-5212 Housing Successor Agency Fund
90205 05/09/2024 136322 93.00
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 213781-5212 Housing Successor Agency Fund
90205 05/09/2024 136322 105.40
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 101780-5212 General Fund 90205 05/09/2024 136322 93.00 STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 212781-5212 Surplus Property Auth Fund
90205 05/09/2024 136322 206.10
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 213781-5212 Housing Successor Agency Fund
90205 05/09/2024 136322 93.00
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 213781-5212 Housing Successor Agency Fund
90205 05/09/2024 136322 93.00
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 213781-5212 Housing Successor Agency Fund
90205 05/09/2024 136322 93.00
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 213781-5212 Housing Successor Agency Fund
90205 05/09/2024 136322 93.00
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 213781-5212 Housing Successor Agency Fund
90205 05/09/2024 136322 93.00
STAY GREEN, INC. 570 MAY 2024 LANDSCAPE MAINTENANCE SERVICES 212781-5212 Surplus Property Auth Fund
90205 05/09/2024 136322 149.50
SUNRIDGE LANDSCAPE MAINTENANCE, INC 4586 JAN'24 LANDSCAPE MAINTENANCE- 323 EAST C STREET
213781-5212 Housing Successor
Agency Fund
3302 05/09/2024 136323 154.50
SUNRIDGE LANDSCAPE MAINTENANCE, INC 4586 APR'24 LANDSCAPE MAINTENANCE- 323 EAST C STREET
213781-5212 Housing Successor
Agency Fund
3435 05/09/2024 136323 154.50
SUPERION, LLC 4436 MAY 2024 ANNUAL ASP ACCESS TECH FEES 101116-5223 General Fund 20240006 409728 05/09/2024 136324 11,421.78 TELCOM INC 445 AUTOMOTIVE EQUIP-PKENF V3104-RADIO
PACKAGE INSTALL
101554-5215 General Fund 84576 05/09/2024 136325 293.91 Check Total: 1038644.19
Check No. 136322
Check Total: 1112.00
Check No. 136323
Check Total: 309.00
Check No. 136324
Check Total: 11421.78
Check No. 136325
Check Total: 293.91
Check No. 136326
Agenda Item No. 05 Page 15 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 802 MORNING MIST LN
101780-5401 General Fund 0301 05012024 05/09/2024 136326 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 303 HARBOR BREEZE 101780-5401 General Fund 0401 05012024A 05/09/2024 136326 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 803 MORNING MIST LN
101780-5401 General Fund 0401 05012024B 05/09/2024 136326 449.00 THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 304 HARBOR BREEZE DR
101780-5401 General Fund 0501 05012024 05/09/2024 136326 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 322 HARBOR BREEZE DR
101780-5401 General Fund 2301 05012024 05/09/2024 136326 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 323 HARBOR BREEZE DR
101780-5401 General Fund 2401 05012024 05/09/2024 136326 599.00 THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 775 OCEAN BREEZE 101780-5401 General Fund 2401 05012024B 05/09/2024 136326 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 776 OCEAN BREEZE DR
101780-5401 General Fund 2501 05012024 05/09/2024 136326 399.00 THE HIDEAWAY AT BEACH HOUSE 3623 MAY 2024 HOA PAYMENT - 332 HARBOR BREEZE 101780-5401 General Fund 3101 05012024 05/09/2024 136326 399.00 TRAFFIC TECHNOLOGIES LLC 1021 STREETS SUPPLIES- NO LEFT TURN SIGNS 204551-5525 Gas Tax Fund 47076 05/09/2024 136327 257.83 TRAFFIC TECHNOLOGIES LLC 1021 STREETS SUPPLIES- NO LEFT TURN SIGNS 101551-5525 General Fund 47076 05/09/2024 136327 327.09 TRAFFIC TECHNOLOGIES LLC 1021 1040 VARIOUS REFUSE STREET SWEEP
REFLECTIVE DECALS
304563-5213 Solid Waste
Operations Fund
20240171 47129 05/09/2024 136327 9,657.70
TRAFFIC TECHNOLOGIES LLC 1021 REFUSE SUPPLIES-SAFETY VESTS 304563-5540 Solid Waste Operations Fund
47174 05/09/2024 136327 392.21
TRAFFIC TECHNOLOGIES LLC 1021 ENGINEERING SUPPLIES-SAFETY VESTS 101550-5510 General Fund 47178 05/09/2024 136327 141.75 TRAFFIC TECHNOLOGIES LLC 1021 STREETS SUPPLIES- EV PARKING SIGNS 101551-5525 General Fund 47207 05/09/2024 136327 696.47 TRAFFIC TECHNOLOGIES LLC 1021 STREETS SUPPLIES-GREEN & WHITE
PAINT/FLANGE BOLTS
101551-5523 General Fund 47208 05/09/2024 136327 1,034.60 TRAFFIC TECHNOLOGIES LLC 1021 STREETS SUPPLIES-8 BARRICADES TYPE I 101551-5526 General Fund 47242 05/09/2024 136327 432.63 UNDERGROUND SERVICE ALERT 450 APRIL 2024 TICKETS/PASSES 303562-5204 Wastewater Operations Fund
420240541 05/09/2024 136328 47.00
UNDERGROUND SERVICE ALERT 450 APRIL 2024 TICKETS/PASSES 301560-5204 Water Operations Fund
420240541 05/09/2024 136328 47.00
UNIFIRST CORPORATION 5314 WASTEWATER UNIFORM SERVICES 303562-5214 Wastewater Operations Fund
2210010525 05/09/2024 136329 17.36
UNIFIRST CORPORATION 5314 FLEET UNIFORM SERVICES 101554-5214 General Fund 2210092888 05/09/2024 136329 39.43 UNIFIRST CORPORATION 5314 WASTEWATER UNIFORM SERVICES 303562-5214 Wastewater Operations Fund
2210092889 05/09/2024 136329 32.42
USABLUEBOOK 600 WATER PLANT SUPPLIES-AMMONIA
MONOCHLRAMINE REAGNTS
302561-5520 Water Plant
Operations Fund
INV00342345 05/09/2024 136330 1,018.11
VENTURA COUNTY SHERIFF 1570 HI-TECH TASK FORCE 3RD QUARTER 12/24/23- 3/30/24
101440-5204 General Fund 24-18713 05/09/2024 136331 3,331.00 Check Total: 3841.00
Check No. 136327
Check Total: 12940.28
Check No. 136328
Check Total: 94.00
Check No. 136329
Check Total: 89.21
Check No. 136330
Check Total: 1018.11
Check No. 136331
Agenda Item No. 05 Page 16 of 18 CC Agenda 05-20-2024
Disbursements for 5/9/2024 Attachment B
5/14/2024
Vendor Name Vendor # Invoice General Description GL Account Fund PO Number Invoice Number Check Date Check/EFT # Detail Amount VENTURA COUNTY SHERIFF 1570 CRISIS INTERVENTION TEAM-2ND QTR 1/1/24- 3/31/24
101440-5204 General Fund 24-18727 05/09/2024 136331 966.26 Grand Total 1,221,261.34
Check Total: 4297.26
Agenda Item No. 05 Page 17 of 18 CC Agenda 05-20-2024
CITY OF PORT HUENEME
PAYROLL CASH DISBURSEMENT FOR
MAY 3, 2024
ATTACHMENT C
SALARY DISTRIBUTIONS
PAYROLL DIRECT DEPOSIT TOTALS: 340,975.36
PAYROLL CHECK REGISTER: 12,706.84 353,682.20
TOTAL DISBURSEMENT: 353,682.20
Agenda Item No. 05 Page 18 of 18 CC Agenda 05-20-2024
DATE: May 20, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Georgianna Alvarez, City Clerk
SUBJECT: CALLING FOR, GIVING NOTICE OF, AND REQUESTING
CONSOLIDATION OF A MUNICIPAL GENERAL ELECTION ON
NOVEMBER 5, 2024 FOR THE ELECTION OF CERTAIN OFFICERS
AND ADOPTION OF RELATED RESOLUTIONS
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a Resolution of the City Council of the City of Port Hueneme calling and giving notice of the Municipal General Election to be held on Tuesday, November 5, 2024, for the Election of certain officers as required by the provisions of the laws of the State of California, and requesting the Ventura County Board of Supervisors consolidation of said election with the Presidential General Election to be held on said date pursuant to section 10403 of the Elections Code; and
2. Adopt a Resolution of the City Council of the City of Port Hueneme adopting regulations for candidates for elective office pertaining to candidate statements and other materials submitted to the voters and the costs thereof for the Municipal General Election to be held on Tuesday, November 5, 2024.
BACKGROUND/ANALYSIS:
Under the provisions of the Charter and Municipal Code for the City of Port Hueneme, the City must adopt a resolution calling for and ordering a Municipal General Election for the purpose of electing two (2) City Councilmembers for a term of four years. The election shall be held on the same day as the Presidential General Election which will take place on November 5, 2024.
The City of Port Hueneme, like other cities within Ventura County, consolidate elections with the County of Ventura Elections Division. The City Council must adopt a Resolution requesting the Board of Supervisors of the County of Ventura consolidate the election in order for the Elections Division to canvass the returns of the Municipal General Election for the City of Port Hueneme.
Agenda Item No. 06 Page 1 of 16 CC Agenda 05-20-2024
The term of two Councilmembers, Roberto “Bobby” Martinez and Misty Perez, will expire in December of 2024. The City of Port Hueneme has no set term limits for the City Council; therefore, the aforementioned incumbents are eligible for re-election.
Interested residents will have equal opportunity to pull nomination papers and qualify as City Council candidates during the nomination period.
Nomination Period
The qualifications to run for City Council require a resident to be over the age of 18, be registered to vote in the City of Port Hueneme, and require that they live within the Port Hueneme City limits. Residents who wish to become a candidate for office must pull nomination papers and return all required paperwork to the City Clerk during the open candidate nomination period of July 15 – August 9, 2024. In the event an incumbent does not file for re-election, the nomination period would be extended to August 14, 2024.
Each interested candidate will be required to schedule an appointment with the City Clerk to pull their nomination papers and receive detailed information about the election process; this requirement includes any incumbent who may wish to run for re-election. A mandatory meeting allows each candidate to receive consistent and current information so all potential candidates receive an equal opportunity.
A Candidate Manual will be provided to all candidates, along with required forms and an Election calendar with various deadlines. Completed and returned Nomination Papers will be submitted to the County of Ventura Elections Division for certification. Until final certification is obtained from the County, an individual is not considered a qualified candidate.
Candidate Statement
California Election Code Section 13307 allows each candidate for a non-partisan election to prepare a Candidate Statement, which will be mailed to each registered voter as a part of the Voter Information Pamphlet, sent by the County. The Candidate is permitted to file a statement containing up to 200 words describing their education and qualifications. The County of Ventura provides a cost-estimate for the printing of candidate statements, an optional cost that is incurred by the candidate if they choose to have a printed statement. Accordingly, the City Clerk’s Office is not bound by the estimate, and shall on a pro rata basis, bill or refund the candidate based on the actual expense. Each candidate submitting a candidate statement will sign a payment agreement form, which addresses the pro rata basis and final cost.
Candidate statements are confidential during the nomination period. The candidate statement may be withdrawn, but not changed, once filed with the City Clerk.
Withdrawal must occur by 5:00 p.m. the day immediately following the close of the nomination period. Following the close of the nomination period, all candidate statements become public records.
City Website:
The Elections page for the City of Port Hueneme will be updated throughout the election process. From this page, residents can view the election calendar and other important Agenda Item No. 06 Page 2 of 16 CC Agenda 05-20-2024
election information, including candidate campaign statement filings. This ensures a transparent and public process for the election.
Required Documents:
The proposed resolutions provide the necessary legal and administrative framework for conducting a Municipal General Election consolidated with the Presidential General Election on November 5, 2024, and help establish rules and guidelines to govern submission of candidate statements. These resolutions meet the Ventura County Elections Division’s legal and procedural requirements for conducting the City’s Municipal Election.
Also attached is the Elections calendar with important dates and deadlines for the November 5, 2024 General Election.
FISCAL IMPACT:
There is no fiscal impact at this time as these are only the initial resolutions required to begin the process of calling for and conducting the election. The City’s estimated share of the election expense is estimated to be an amount not-to-exceed $30,000 and was previously allocated and approved in the FY 2024-25 budget.
ATTACHMENTS:
A. Resolution – Calling and Giving Notice of Election & Requesting Consolidation with the County, including Exhibit A – Notice of Elective Offices to be filled and Exhibit B – Request for Specified Election Services
B. Resolution – Regulations for Candidate Statements & Other Materials C. 2024 Election Calendar
Agenda Item No. 06 Page 3 of 16 CC Agenda 05-20-2024
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Agenda Item No. 06 Page 4 of 16 CC Agenda 05-20-2024
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE MUNICIPAL
GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA, AND
REQUESTING THE VENTURA COUNTY BOARD OF SUPERVISORS
CONSOLIDATION OF SAID ELECTION WITH THE PRESIDENTIAL GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 10403 OF
THE ELECTIONS CODE
WHEREAS, under the provisions of the law in the State of California, a Municipal General Election shall be held on November 5, 2024, the date of the Presidential General Election; and
WHEREAS, the City of Port Hueneme calls for and gives notice of said Municipal General Election for the purpose of electing two members to the Port Hueneme City Council; and
WHEREAS, in accordance with Sections 10002, 10403, and 10418 of the California Elections Code, it is desirable for the Municipal General Election to be consolidated with the Presidential General Election being held on the same date and, that within the City, the precincts, voting centers, and election officers of the two elections be the same, and that the County of Ventura Election Division canvass the returns of the Municipal General Election, and that the election be held in all respects as if there were only one election; and WHEREAS, the City of Port Hueneme wishes to have the County Clerk of Ventura render specified services and supplies to the City relating to the conduct of the election.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: That a Municipal General Election is hereby called to be held in the City of Port Hueneme on November 5, 2024, the date of the Presidential General Election, for the purpose of electing two (2) Councilmembers for a full term of four years, as shown on Exhibit “A” attached hereto and made a part hereof.
SECTION 2: Ballots to be used at the election shall be in the form and content as required by law.
SECTION 3: That pursuant to Section 10403 of the Elections Code, the Board of Supervisors of the County of Ventura is hereby requested to consent and agree to consolidation of a Municipal General Election with the Presidential General Election on November 5, 2024, for the purpose of the election of two members to the City Council.
SECTION 4: The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418.
Attachment A
Agenda Item No. 06 Page 5 of 16 CC Agenda 05-20-2024
SECTION 5: The City Clerk is authorized, instructed and directed to procure and furnish any and all printed matter and all supplies, equipment and necessary materials that may be necessary in order to properly and lawfully conduct the election.
SECTION 6: Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7: That pursuant to Elections Code Section 10002, the Board of Supervisors is requested to permit the County Clerk to render services and supplies with respect to the conduct of the City of Port Hueneme’s November 5, 2024, Municipal General Election (as shown on Exhibit “B” attached hereto and made a part hereof), that the County Clerk render any and all other services and supplies, as may be necessary to complete this election, and that the City of Port Hueneme pay the reasonable costs for the services and supplies rendered by the County Clerk.
SECTION 8: That the City of Port Hueneme authorizes the Board of Supervisors of the County of Ventura to canvass the election returns of the City of Port Hueneme’s November 5, 2024, Municipal General Election. Pursuant to Section 15651 of the Elections Code, and in the event of a tie vote, the County election board shall determine the tie by random drawing.
SECTION 9: That the City Clerk is hereby directed to file a certified copy of this Resolution with the Ventura County Board of Supervisors and the Ventura County Elections Division.
SECTION 10: In all particulars not recited in this Resolution the election shall be held and conducted as provided by law for holding municipal elections in the City.
SECTION 11: That the City Clerk shall certify to the passages and adoption of this Resolution into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED, this 20th day of May, 2024.
Misty Perez, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 06 Page 6 of 16 CC Agenda 05-20-2024
City of Port Hueneme
Misty Perez Mayor
Roberto "Bobby" Martinez Councilmember
Candidate
Exhibit A to Resolution
Agenda Item No. 06 Page 7 of 16 CC Agenda 05-20-2024
City of Port Hueneme Georgianna Alvarez
2 Exhibit B to Resolution
Agenda Item No. 06 Page 8 of 16 CC Agenda 05-20-2024
City of Port Hueneme
Agenda Item No. 06 Page 9 of 16 CC Agenda 05-20-2024
CERTIFICATION
STATE OF CALIFORNIA )
) ss
COUNTY OF VENTURA )
I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, California, do hereby certify that the foregoing Resolution No. ____ was duly adopted at the regular meeting of the City Council on the 20th day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 06 Page 10 of 16 CC Agenda 05-20-2024
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS AND
OTHER MATERIALS SUBMITTED TO THE VOTERS AND THE COSTS
THEREOF FOR THE MUNICIPAL GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the Municipal General Election to be held in the City of Port Hueneme on November 5, 2024, may prepare a candidate statement on an appropriate form provided by the City Clerk. The following rules will govern the request, submission and handling of the candidate’s statement:
(a) The maximum number of words permitted in the candidate statement shall be two hundred (200) in which the statement may include the name, age and occupation of the candidate and a brief description of the candidate’s education and qualifications as expressed by the candidate;
(b) A candidate statement must be submitted in typewritten form on an approved form by the City Clerk;
(c) A candidate statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations; (d) In accordance with Election Code Section 13308, a candidate statement shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities; (e) A candidate statement shall be filed in the office of the City Clerk at the same time the candidate’s nomination papers are submitted for filing; (f) The candidate’s pro-rata share of the cost of printing, handling, and mailing of a candidate statement is one thousand five hundred and ninety-two dollars ($1,592), an estimated amount that the City Clerk’s office is not bound to. The candidate shall deposit this estimated cost with the City Clerk at the time of submission of the candidate’s statement;
(g) A candidate statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period;
(h) A candidate statement shall remain confidential until the expiration of the filing deadline; and
Attachment B
Agenda Item No. 06 Page 11 of 16 CC Agenda 05-20-2024
(i) If a candidate statement is not filed, a waiver form is required to be filed with the nomination papers.
SECTION 2: That the City Council determines that the burden of paying for printing, handling, and mailing of the candidate statement is to be borne by the candidate. Based on the estimated total cost of printing, handling, translating, and mailing the candidate statements (pursuant to Elections Code Section 13307), the City Clerk shall require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter’s pamphlet. Each candidate shall be billed for any cost in excess of the deposit, paid for within 30 days following the election, or shall receive a refund of any unused portion of the deposit. No candidate shall be permitted to include additional materials in the sample ballot package.
SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings for the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. The City Clerk shall provide each candidate or candidate’s representative a copy of this Resolution at the time nomination petitions are issued.
SECTION 4: That this resolution supersedes all previous resolutions establishing council policy on payment for candidates’ statements.
PASSED, APPROVED, AND ADOPTED, this 20th day of May, 2024.
Misty Perez, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 06 Page 12 of 16 CC Agenda 05-20-2024
CERTIFICATION
STATE OF CALIFORNIA )
) ss
COUNTY OF VENTURA )
I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, California, do hereby certify that the foregoing Resolution No. ____ was duly adopted at the regular meeting of the City Council on the 20th day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 06 Page 13 of 16 CC Agenda 05-20-2024
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Agenda Item No. 06 Page 14 of 16 CC Agenda 05-20-2024
ELECTION CALENDAR
General Municipal Election
November 5, 2024
JULY 15
through
AUGUST 9
E- 113-88
DECLARATION OF CANDIDACY AND NOMINATION PAPERS
During this period, a Declaration of Candidacy and nomination papers for Council Members may be obtained from the City Clerk’s Office and filed with the City Clerk’s Office no later than 5:00 p.m. on the 88th day before the election. (E.C. §§10220, 10227)
JULY 15
through
AUGUST 9
E- 113-88
NOTE TO CANDIDATES REGARDING CANDIDATE’S STATEMENT OF
QUALIFICATIONS FOR NONPARTISAN OFFICES
Each candidate for elective office in any local agency, city, county, or district may prepare a Candidate’s Statement to be printed in the County Voter Information Guide on an appropriate form which will be provided and explained at the time the candidate obtains nomination papers. The Statement may contain no more than 200 words. The Statement in finalized form must be filed at the time nomination papers are filed. It may be withdrawn, but not changed during the period for filing nomination papers, and until 5:00 p.m. on the next working day after the close of nomination period for that office. (E.C. §13307)
Such Statements will not be available for public inspection until after the close of the filing period. (E.C. §13311)
JULY 15
through
AUGUST 9
E- 113-88
STATEMENT OF ECONOMIC INTERESTS
All candidates seeking offices designated by G.C. §87200 must file a statement disclosing his/her investments and interests in real property and any income received during the immediately preceding 12 months at the time the Declaration of Candidacy is filed. Such statement is not required if the candidate has filed, within 60 days prior to the filing of his/her Declaration of Candidacy, a statement for the same jurisdiction. (G.C. §§87200, 87201, 87500)
AUGUST 7
through
NOVEMBER 5
LATE CONTRIBUTIONS REPORT AND LATE INDEPENDENT EXPENDITURE REPORT
Between these dates each candidate or committee that makes or receives a late E- 90- contribution (as defined in G.C. §82036) or a late independent expenditure (as ELECTION DAY defined in G.C. §82036.5) must report the late contribution or late independent expenditure within 24 hours. (G.C. §§84203, 84204)
AUGUST 9
5:00 P.M.
E- 88
NOMINATION DOCUMENTS (DEADLINE)
Last day to file all nomination papers with the City Clerk’s Office for filing or examination. (E.C. §10224)
CANDIDATE WITHDRAWAL
No candidate whose Declaration of Candidacy or nomination petition has been filed may withdraw after this date. (E.C. §10225)
Attachment C
Agenda Item No. 06 Page 15 of 16 CC Agenda 05-20-2024
Agenda Item No. 06 Page 16 of 16 CC Agenda 05-20-2024
DATE: May 20, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Tony Stewart, AICP, Community and Economic Development Director SUBJECT: ISSUE REQUEST FOR PROPOSALS FOR ON-CALL LANDSCAPE
ARCHITECTURE SERVICES
RECOMMENDATION:
It is recommended the City Council authorize the Director of Community and Economic Development to issue a Request for Proposals (RFP) for on-call landscape architecture services.
BACKGROUND/ANALYSIS:
The City of Port Hueneme does not have a landscape architect on staff, nor a separate contract with one. Currently, the City contracts with Lauterbach and Associates, who has a subcontract with a landscape architect for City projects. However, there is no specifically contracted landscape architect to review landscape plans for private projects (such services are performed after processing contract amendments with Lauterbach and Associates).
With the recent approval of the City’s updated Landscape Ordinance and Landscape Design Guidelines, staff anticipates an in-flux applications will soon be submitted for revisions to the existing landscaping plans by homeowners’ associations, commercial centers, etc. Moreover, the City may continue to need the services of a landscape architect for its own projects, including its own landscaping upgrades.
Therefore, staff is requesting to issue an RFP to establish a direct contract between the City and one or more landscape architects (or firms), rather than relying upon revisions to the existing contract with Lauterbach and Associates, for on-call landscape architecture services. Such services may include, but are not limited to, design, plan checking, inspections, ensuring City and state requirements are met, attending meetings, etc. The attached Draft RFP provides a more detailed list of anticipated duties the landscape architects will be expected to perform for the City. In addition, similarly to the on-call building and safety contracts the City maintains, this will allow the City to be more flexible with ensuring the necessary services are provided to the applicants in a timely manner.
Agenda Item No. 07 Page 1 of 10 CC Agenda 05-20-2024
RFP for On-Call Landscape Architecture Services
May 20, 2024
Note that $5,000 is being budgeted for the provision of such services in the 2024-25 budget (primarily as a pass-through to cover review of private projects and related inspections, the costs of which will be reimbursed by the applicants). This amount does not require City Council approval per the City’s Purchasing Policy. However, staff is bringing this to the City Council at this time, since there may be City projects that require additional budgeting for the landscape architecture services in the future, which may otherwise require City Council approval.
FISCAL IMPACT:
There will be no direct fiscal impact from this action. As noted above, future budgeting will occur based upon projected landscape architecture service needs, with the costs for plan checking and inspecting projects for private entities being reimbursed by the applicants.
STRATEGIC PLAN:
Primary Strategic Pillar and Initiatives:
Optimal levels of service for residents and businesses. • Promote operational excellence in all City functions and embody best practices as a municipality
• Establish desired service levels for all City functions ATTACHMENT:
A. Draft RFP for On-Call Landscape Architecture Services Agenda Item No. 07 Page 2 of 10 CC Agenda 05-20-2024
The City of Port Hueneme
Invites Proposals for
ON-CALL LANDSCAPE ARCHITECTURE SERVICES
RFP responses to be received until
July 12, 2024 – 5:00 PM PDT
(Postmarks not accepted)
City of Port Hueneme
250 N Ventura Rd.
Port Hueneme, CA 93041
ATTN: Tony Stewart, AICP,
Community and Economic Development Director
Attachment A
Agenda Item No. 07 Page 3 of 10 CC Agenda 05-20-2024
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City of Port Hueneme -RFP for On-Call Landscape Architecture Services
INTRODUCTION AND BACKGROUND
The City of Port Hueneme (“City”) seeks the services of a professional landscape architect or landscape architecture firm (“firm”) to prepare plans and landscape-related documents for City projects, to perform plan checking of landscape and irrigation plans for private development projects, and to perform other miscellaneous on-call services related to landscape architecture.
The City is located along Ventura County's Gold Coast just south of the City of Oxnard and east of Channel Islands Harbor. It holds a population of approximately 23,000 residents and covers a 4.5-square mile area that comprise the city limits and serves as home to the Naval Base Ventura County and the Port of Hueneme (operated separately by the Oxnard Harbor District).
The City of Port Hueneme was incorporated in 1948 as a General Law city, and became a Charter city in 1996. The City operates under the council/manager form of government.
Five City Councilmembers are elected at large by City residents for staggered four-year terms and serve as the City's legislative and policymaking body. The Mayor is selected annually from the Councilmembers. The City Manager is responsible for directing City affairs prescribed by the City Council. The City Manager also handles the administration of day-to-day activities of the City employees.
The City is a full-service City, with the exception of a fire department, which is provided by the Ventura County Fire Protection District. The City’s governmental structure is compact, reflecting the size of the community. There are six departments: 1) Police; 2) Finance; 3) Community and Economic Development; 4) Public Works; 5) Facilities Maintenance and Housing Authority; and 6) City Administration, which encompasses the functions of Human Resources, Information Technology, and Parks & Recreation. The City employs approximately 170 full-time equivalent employees, consisting of full-time, part-time and seasonal positions, and has an adopted budget of $55 million for the City and related entities.
While the City provides landscape maintenance services to its facilities, the City does not have an on-staff landscape architect. With the recent updates of the City’s Landscape Ordinance and Landscape Design Guidelines, the City is now positioned to accept smalland large-scale landscape redevelopment projects from its homeowners’ associations and shopping centers with aging landscaping, as well as from proponents of new development expected as a result of the recently updated General Plan.
The Community and Economic Development Department would be the primary coordinating City department for the landscape architecture services; however, it can be expected the City’s Public Works and Facilities Maintenance and Housing Departments will also use such services.
SCOPE OF WORK
The firm will provide on-call landscape architectural services, including, but not limited to:
Agenda Item No. 07 Page 4 of 10 CC Agenda 05-20-2024
3 |
City of Port Hueneme -RFP for On-Call Landscape Architecture Services • Plan checking of landscape and irrigation plans submitted by applicants of development projects;
• Perform landscape architectural design services;
• Preparation of feasibility/concept plan studies and recommendations; • Preparation of preliminary design reports;
• Preparation of construction plans, specifications and estimates (opinions of construction costs);
• Provide drafting and computer-aided drafting support; • Perform field investigations and design surveying;
• Prepare record (“as built”) drawings;
• Attend meetings as necessary; and
• Perform other related services as may be required by the City. • The ability to perform, or subcontract for, arborist services is a plus.
REQUESTED INFORMATION
All proposals must provide specific and succinct answers to all questions and requests for information listed below. Indirect, imprecise or incomplete responses will not be accepted. Submission of resumes is encouraged, but alone may not be considered responsive to any specific questions contained herein.
Cover Letter: Provide a brief cover letter summarizing the key points of the proposal, including an understanding of the work to be performed and why the firm believes it is the best qualified to perform the services requested. The letter must be signed by an individual with authority to bind the proposer and should state that all conditions contained in the attached proposal are valid for a period of at least 90 days.
Company and Staff Information: Provide information about the firm, including such items as organization and ownership structure, history, experience and credentials to demonstrate the ability of the firm to provide the requested services, and the location of the principal office that will be responsible for the implementation of this contract. Provide the names, titles, experience, qualifications (including certifications) and resumes of the personnel who will be assigned to the City, including any subconsultants.
Work Plan: Explain how plans being checked will be tracked, transported to and from City Hall, reviewed, marked up and communicated with customers. Discuss the process for providing design services for a City-owned project.
Agenda Item No. 07 Page 5 of 10 CC Agenda 05-20-2024
4 |
City of Port Hueneme -RFP for On-Call Landscape Architecture Services Additional Information: Please include any additional information you or your firm feels would be essential to the proper evaluation of your response to this Request for Proposals.
References: Provide a minimum of three (3) references who may be contacted to discuss their experience working with the firm on similar services. Please provide contact information including the organization, name, title, address, phone, email, services provided and dates.
Insurance: Prior to commencement of work, the City of Port Hueneme will require evidence of appropriate professional liability insurance, errors and omissions insurance, and workers' compensation insurance coverage.
NOTE: Such coverage must be provided by an insurance company(ies) licensed to do business in the state of California. Certificates must name the City of Port Hueneme as an Additional Insured and shall provide that contractor's policy is primary over any insurance carried by the City of Port Hueneme and that the policy will not be canceled or materially changed without thirty (30) days prior notice in writing to the City of Port Hueneme. The successful firm must agree, if awarded a contract as a result of its proposal, to indemnify and hold harmless the City of Port Hueneme, its officers, agents and employees from any and all claims and losses accruing or resulting to persons engaged in the work contemplated by its proposal, or to persons who may be injured or damaged by a firm or its agents in the performance of the work. Prior to the commencement of any work, a signed legal contract will be established for these and other provisions.
Compensation: Based on the described scope of services, please include in your proposal the following:
• Explain the billing schedule for each employee of the firm assigned to the City (including subconsultants), including any reimbursables and other direct costs. • Provide a schedule of hourly rates for each type of service to be provided and by each employee title.
• Cost of plan check services, if different from above, including for different levels of service performed, if applicable (i.e. for a full plan check, for preliminary plan review, etc.).
GUIDELINES
General Information
Deadline for receipt of Proposals – All Proposals must be received by the City of Port Hueneme by 5:00 PM PDT on Thursday, July 12, 2024. An original and three (3) hard copies plus one electronic copy (on USB flash drive) of the proposal shall be submitted in a sealed envelope and must have the following information on the outside:
Agenda Item No. 07 Page 6 of 10 CC Agenda 05-20-2024
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City of Port Hueneme -RFP for On-Call Landscape Architecture Services City of Port Hueneme
Office of the City Clerk
250 N Ventura Rd
Port Hueneme, CA 93041
Request for Proposal – On-Call Landscape Architecture Services Attn: Tony Stewart, AICP, Community and Economic Development Director Proposer: (Name and Address)
DO NOT OPEN WITH REGULAR MAIL
Proposals must be in writing and must contain an original signature by an authorized officer of the proposing consulting company. All proposals must be received no later than 5:00 PM PDT on July 12, 2024 via U.S. mail, UPS/FedEx/etc., or in person. Proposals cannot be modified or corrected after being opened. Late proposals will not be accepted for any reason and will be returned unopened, regardless of postmark. Prospective proposers assume the risk of delay in the delivery of the mail by the U.S. Postal Service.
FACSIMILE (FAXED) OR EMAILED PROPOSALS WILL NOT BE ACCEPTED AND SHALL NOT BE CONSIDERED FOR EVALUATION OR AWARD.
Proposals will not be valid until all information has been verified and proposing consulting company’s references checked. The completed proposal shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested.
The proposal may be withdrawn upon request by the proposing consulting company without prejudice up to, but not after, the time fixed for opening of proposals, provided that the request to withdraw the proposal is made in writing and is timely filed with the City. Proposals shall be submitted in accordance with the form prescribed by the City of Port Hueneme in the requirements and specifications section above. Failure to respond in this manner may render the proposal non-responsive.
Questions Regarding the Scope of Services
All inquiries regarding this Request for Proposals should be directed to Tony Stewart, Community and Economic Development Director, in writing or via email at:
[email protected]. No verbal responses will be given. A copy of the inquiry and the response from the City shall be forwarded to all firms receiving a copy of this Request for Proposals who registered with the City (per the requirements listed below).
Proposals Become the Property of the City
Proposals become the property of the City and information contained therein shall become public property subject to disclosure laws after Notice of Intent to Award. The City reserves the right to make use of any information or ideas contained in the proposal.
Confidential Material
All bids are public records, and may be subject to public review. Proposer must notify the City in advance of any proprietary or confidential material contained in the proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order which proposer may obtain.
Agenda Item No. 07 Page 7 of 10 CC Agenda 05-20-2024
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City of Port Hueneme -RFP for On-Call Landscape Architecture Services Rejection of Proposals
The City may reject any or all proposals, and also may waive any immaterial deviation in a proposal. The City's waiver of an immaterial defect shall in no way modify the Request for Proposal (RFP) documents or excuse the proposer from full compliance with the specifications if he/she is awarded the contract. Proposals referring to terms and conditions other than the City’s terms and conditions may be rejected as being nonresponsive.
The City may conduct investigations as it deems necessary to determine the ability of the proposer to perform the work specified herein. The proposer shall furnish to the City any and all information requested by the City for this purpose. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of the contract and to complete the work specified.
Conditions
1. Failure to meet all requirements will not disqualify a firm. However, the City will evaluate each proposal to determine its overall fit in the best interests of the City.
2. All third-party solutions proposed as part of a joint proposal are subject to the same requirements of this RFP, unless otherwise stated.
3. This RFP, its general provisions, and the terms and conditions identified shall be incorporated in any agreement resulting from this solicitation, and the RFP and its terms and conditions, shall control unless the Agreement expressly provides otherwise.
4. All proposals and any subsequent clarification or response to the City’s questions shall be valid for a minimum of 120 days.
City’s Rights Reserved
1. The City reserves the right to select one or more firms to provide the services described in the Scope of Work; however, award of contract does not guarantee work. The lowest proposed cost will not be the sole criterion for recommending the contract award.
2. This Request for Proposals does not commit the City of Port Hueneme to negotiate a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of responses in anticipation of a contract.
3. The City may modify this RFP by issuance of one or more written addenda.
Addenda will be posted on http://www.ci.port-hueneme.ca.us and sent electronically to all proposers registered with the City. The City reserves the right to extend the proposal due date.
Agenda Item No. 07 Page 8 of 10 CC Agenda 05-20-2024
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City of Port Hueneme -RFP for On-Call Landscape Architecture Services
4. The City reserves the right to meet with select proposers at any time to gather additional information.
5. The City shall not be liable for any pre-contractual expenses incurred by prospective consulting companies, including but not limited to costs incurred in the preparation or submission of proposals. The City shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.
Register as a Proposer
All firms interested in receiving further correspondence regarding this RFP are required to register by sending an email to Tony Stewart, Community and Economic Development Director, at [email protected], and providing the following information:
• Company name;
• Name of contact person along with his or her title;
• Email address; and
• Phone number
Exceptions
Service providers shall certify that they take no exception to this RFP, if the service provider does take exception to any portion of the RFP, the specific portion of the RFP to which exception is taken shall be identified and fully explained. Sample Agreement text may be considered for modification through the contract negotiations phase of the RFP; however, in no event will modifications be considered to any provisions not identified by proposer as part of their response to this RFP.
Right to Cancel
This solicitation does not obligate the City to enter into an agreement with any proposing firm. The City retains the right to cancel, in part or in its entirety, this RFP at any time.
No obligation, either expressed or implied, exists on the part of the City to make an award or to pay any cost incurred in the preparation or submission of a proposal. If City cancels or revises this RFP, City will notify all proposers in writing and post cancellation notice on the City website.
Additional Information
City reserves the right to request additional information and/or clarifications from any or all proposers to this RFP.
TERM OF THE AGREEMENT
The term of the agreement shall be for approximately three (3) years, commencing from the date the agreement is approved by the City Council until June 30, 2027, subject to certain conditions. There is the ability to extend the agreement for up to two (2), three (3)-year contract periods, at the City's sole discretion.
Agenda Item No. 07 Page 9 of 10 CC Agenda 05-20-2024
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City of Port Hueneme -RFP for On-Call Landscape Architecture Services
SELECTION CRITERIA
Qualifications will be evaluated against, but not be limited to, the following criteria:
• Understanding of the scope of work and the ability and capacity, in the opinion of the City of Port Hueneme, to provide as-needed Landscape Architecture services to meet the needs and considerations of the City of Port Hueneme. • Professional qualifications of the staff to be assigned. • Cost of services.
• References and other evidence submitted supportive of excellent past experience in providing similar services.
• Completeness of responses to the Request for Proposals.
The City may conduct personal interviews of the top firms to make the final selection.
Agenda Item No. 07 Page 10 of 10 CC Agenda 05-20-2024
DATE: May 20, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Robert Albertson, Police Commander
SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM
RECOMMENDATION:
1. Adopt a Resolution of the City Council of the City of Port Hueneme, California, Authorizing the City’s Participation in the Edward Byrne Memorial Justice Assistance Grant (JAG) Program as a subgrantee; and
2. Accept the awarded Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds subject to the terms and conditions specified in the grant agreement, and authorize the Chief of Police to sign the agreement and any related documents and amendments; and
3. Approve a revenue agreement with the County of Ventura (dba: Ventura County Sheriff’s Office), BSCC 1223-23, in the amount of $18,000 for the term of July 1, 2023 through March 31, 2026, for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
BACKGROUND/ANALYSIS:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 5) drug treatment and enforcement programs; and 8) mental health programs and related law enforcement and corrections programs.
This JAG award from the Department of Justice (DOJ), Bureau of Justice Assistance (BJA) passed through from the California Board of State and Community Corrections (BSCC) will be used to support criminal justice initiatives that fall under one or more of Agenda Item No. 08 Page 1 of 77 CC Agenda 05-20-2024
Edward Byrne Memorial Justice Assistance Grant (Jag) Program May 20, 2024
the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety.
The Ventura County Sheriff’s Office is the Grantee and the Port Hueneme Police Department will be designated as a Subgrantee.
Grant Project Summary
Since 2014, Transformation Works - Ventura County (TWVC) has used a law enforcement and intensive case management services approach. TWVC conducts violent crime suppression activities, which target gang suppression activities, and simultaneously diverts at-promise youth (ages 12-24) from a violent crime lifestyle and into case managed education, employment, mentorship, and support services needed to reduce violent crime involvement. Participants include gang members willing to leave the gang lifestyle, potential gang members, justice-involved youth, and other at-promise youth, who are referred by local law enforcement and community organizations or self-referred.
The goals of the grant project are as follows:
1. To reduce violent crime in Ventura County by providing targeted gang suppression efforts that focus on violent gang members.
2. Divert at-promise youth (e.g. gang members, potential gang members, justice involved youth) from eligible cities/areas, ages 12-24, into intensive case management services (City Impact) in lieu of custody and/or other criminal justice/law enforcement alternatives.
•Eligible cities/areas include: Oxnard, Port Hueneme, El Rio, Saticoy, Ventura, Santa Paula, Fillmore, Piru
3. Provide at-promise youth (e.g., gang members, potential gang members justiceinvolved youth) ages 12-24 with prosocial alternatives to violent crime and/or gang involvement.
The grant will cover the hourly overtime rate (salary and employee benefits) associated with law enforcement personnel who participate in project-related violent crime reduction activities. This is to include time spent on referrals into intensive case management services ($6,000 per year; $18,000 total for project).
FISCAL IMPACT:
Approval of this action would require an appropriation in the Fiscal Year 2024-25 Budget of $6,000 in Police overtime, Account No. 101-441-5102 and an appropriation of $6,000 in Grant Revenue, Account No. 101-000-4701.
Agenda Item No. 08 Page 2 of 77 CC Agenda 05-20-2024
Edward Byrne Memorial Justice Assistance Grant (Jag) Program May 20, 2024
STRATEGIC PLAN:
Primary Strategic Pillar(s) and Initiative(s):
Strategic Partnerships
• Establish a mechanism for engagement, information sharing, dialogue and ongoing cooperative decision-making with key stakeholders ATTACHMENTS:
A. Resolution Authorizing Edward Byrne Memorial Justice Assistance Grant (JAG) Program Participation
B. 2023 JAG Grant Contract Agreement # BSCC 1223-23
Agenda Item No. 08 Page 3 of 77 CC Agenda 05-20-2024
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, AUTHORIZING THE CITY’S PARTICIPATION IN THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM
WHEREAS, The Ventura County Sheriff’s Office has received the FY 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program from The Board of State and Community Corrections (BSCC); and
WHEREAS, as part of the implementation of this grant program, Transformation Works - Ventura County (TWVC) has developed and operated a diversion program for gang involved and at-risk youth; and
WHEREAS, the City of Port Hueneme desires to participate in the Edward Byrne Memorial Justice Assistance Grant (Jag) Program and the TWVC diversion program; and WHEREAS, the City of Port Hueneme was awarded $18,000 for the Edward Byrne Memorial Justice Assistance Grant (Jag) Program as a Subgrantee.
NOW, THEREFORE, BE IT RESOLVED, that the Chief of Police be authorized on behalf of the Port Hueneme City Council as follows:
SECTION 1: Sign and execute the Grant Agreement with the Ventura County Sheriff’s Office, including any amendments thereof.
SECTION 2: Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
SECTION 3: The City of Port Hueneme agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.
SECTION 4: This Resolution shall take effect immediately upon its passage.
SECTION 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED, this 20th day of May, 2024.
Misty Perez, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Attachment A
Agenda Item No. 08 Page 4 of 77 CC Agenda 05-20-2024
CERTIFICATION
STATE OF CALIFORNIA )
) ss
COUNTY OF VENTURA )
I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, California, do hereby certify that the foregoing Resolution No. ____ was duly adopted at the regular meeting of the City Council on the __ day of ____, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 08 Page 5 of 77 CC Agenda 05-20-2024
1. This Agreement is entered into between the Grantee and the Subgrantee named below:
GRANTEE
COUNTY OF VENTURA (dba: VENTURA COUNTY SHERIFF’s OFFICE)
SUBGRANTEE
Port Hueneme Police Department
2. The term (Subaward Period of Performance and Budget Period) of this Agreement is:
START DATE
JULY 1, 2023
THROUGH END DATE
MARCH 31, 2026
3. The maximum amount of this Agreement is:
$18,000.00
4. The parties 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 Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C GIA 610: General Terms and Conditions (Interagency Agreements) 1 Exhibit D Special Terms and Conditions 4
Exhibit E 2020, 2021, and 2022 JAG Federal Award Conditions 59 Exhibit F Certification of Compliance with VCSO Polices on Debarment, Fraud, Theft and Embezzlement
1 IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
SUBGRANTEE
SUBGRANTEE NAME (if other than an individual, state whether a corporation, partnership, etc.) Port Hueneme Police Department
BUSINESS ADDRESS CITY STATE ZIP
250 North Ventura Rd. Port Hueneme CA 93041
PRINTED NAME OF PERSON SIGNING TITLE UNIQUE ENITY IDENTIFIER(UEI) Michael Federico Chief ECSPMJK5GKX9
AUTHORIZED SIGNATURE DATE SIGNED
GRANTEE
GRANTEE NAME
COUNTY OF VENTURA (dba: VENTURA COUNTY SHERIFF’s OFFICE)
BUSINESS ADDRESS CITY STATE ZIP
800 S. Victoria Avenue, Ventura, CA Ventura CA 93009
PRINTED NAME OF PERSON SIGNING TITLE UNIQUE ENITY IDENTIFIER(UEI) Jim Fryhoff Sheriff Z2LKEQMP7RY8
AUTHORIZED SIGNATURE DATE SIGNED
Federal Grant Award Name: FY 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Federal Award Identification Number: 15PBJA-22-GG-00661-JAGX Federal Awarding Agency: Department of Justice (DOJ), Bureau of Justice Assistance (BJA) State Pass-Through Awarding Agency: California Board of State and Community Corrections (BSCC) Pass Through Agreement Number: BSCC 1223-23
Assistance Listing Number:16.738
Research & Development Award: No
Indirect Cost Rate: N/A
Attachment B
Agenda Item No. 08 Page 6 of 77 CC Agenda 05-20-2024
EXHIBIT A: SCOPE OF WORK
1. GRANT AGREEMENT
This Grant Agreement is between the Ventura County Sheriff’s Office (VCSO) and the Port Hueneme Police Department (hereafter referred to as the Subgrantee).
2. PROJECT SUMMARY AND ADMINISTRATION
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 5) drug treatment and enforcement programs; and 8) mental health programs and related law enforcement and corrections programs.
This JAG award from the Department of Justice(DOJ), Bureau of Justice Assistance(BJA) passed through from the California Board of State and Community Corrections(BSCC) will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety.
Subgrantee agrees to provide a law enforcement personnel who will participate in project-related crime reduction activities.
3. PROJECT OFFICIALS
A. The VCSO Sheriff or designee shall be the VCSO's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Subgrantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Michael Federico
Title: Chief of Police
Address: 250 North Ventura Road, Port Hueneme,
Ca 93041
Phone: 805-986-6530
Email: [email protected]
Designated Financial Officer authorized to receive warrants:
Name: Lupe Acero
Title: Finance Director
Address: 250 North Ventura Road, Port Hueneme,
Ca 93041
Phone: 805-986-6554
Email: [email protected]
Agenda Item No. 08 Page 7 of 77 CC Agenda 05-20-2024
EXHIBIT A: SCOPE OF WORK
Project Director authorized to administer the project:
Name: Robert Albertson
Title: Police Commander
Address: 250 North Ventura Road, Port Hueneme, Ca 93041 Phone: 805-986-6644
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Subgrantee will be required to comply with all data collection and reporting requirements.
5. REPORTING REQUIREMENTS
A. Subgrantee shall submit all other reports and data as required by the VCSO.
6. PROJECT RECORDS
A. The subgrantee 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 Subgrantee 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 subgrantee 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. Subgrantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
E. Subgrantee agrees to protect records adequately from fire or other damage. When records are stored away from the Subgrantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
F. All subgrantee 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, VCSO 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. AUDIT
Subgrantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. Subgrantees may choose either a program-specific audit or a single federal audit. Federal guidelines allow subgrantees 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 Agenda Item No. 08 Page 8 of 77 CC Agenda 05-20-2024
EXHIBIT A: SCOPE OF WORK
of the audit. Subgrantees 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 subgrantee is required to check one of the boxes below to indicate how they will meet the audit requirement.
X 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 VCSO within 30 days of the Subgrantee’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 subgrantee will provide a Program-Specific Final Audit Report to the VCSO within 30 days of the Subgrantee’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 subgrantee 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 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 Ventura County Sheriff’s Office) and Governmental Accountability Office.
8. UNIQUE ENTITY IDENTIFIER (UEI)
The Contractor/subgrantee (entity entering into contract with the VCSO) 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.
Agenda Item No. 08 Page 9 of 77 CC Agenda 05-20-2024
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENTS
A. The Subgrantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the VCSO that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. July 1, 2023 to September 30, 2023 October 31, 2023
2. October 1, 2023 to December 31, 2023 January 31, 2024
3. January 1, 2024 to March 31, 2024 April 30, 2024
4. April 1, 2024 to June 30, 2024 July 31, 2024
5. July 1, 2024 to September 30, 2024 October 31, 2024
6. October 1, 2024 to December 31, 2024 January 31, 2025
7. January 1, 2025 to March 31, 2025 April 30, 2025
8. April 1, 2025 to June 30, 2025 July 31, 2025
9. July 1, 2025 to September 30, 2025 October 31, 2025
10. October 1, 2025 to December 31, 2025 January 31, 2026
11. January 1, 2026 to March 31, 2026 April 30, 2026
B. All project expenditures must be incurred by the end of the grant project period, March 31, 2026, and included on the invoice due April 30, 2026. Project expenditures incurred after March 31, 2026 will not be reimbursed.
C. The Subgrantee shall submit an invoice to the VCSO each invoicing period, even if grant funds are not expended or requested during the invoicing period.
D. Supporting documentation must be submitted for expenditures upon VCSO’s request. All supporting documentation must be maintained by the subgrantee on site and be readily available for review during VCSO site visits.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the VCSO be obligated to pay any amount in excess of the grant award.
Subgrantee waives any and all claims against the VCSO, the Federal Government, 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.
Agenda Item No. 08 Page 10 of 77 CC Agenda 05-20-2024
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
3. BUDGET CONTINGENCY CLAUSE
A. 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, theVCSO shall have no liability to pay any funds whatsoever to Subgrantee or to furnish any other considerations under this Agreement and Subgrantee shall not be obligated to perform any provisions of this Grant Agreement.
B. This Grant Agreement is valid and enforceable only if sufficient funds are made available by the United States Department of Justice, Office of Justice Programs. Subgrantee agrees that the VCSO’s obligation to pay any sum to the Subgrantee under any provision of this agreement is contingent upon the availability of sufficient funds.
C. If JAG funding is reduced or falls below estimates contained within this agreement, the VCSO shall have the option to either cancel this Grant Agreement with no liability occurring to the VCSO or offer an amendment to this agreement to the subgrantee to reflect a reduced amount.
D. If VCSO cancels the agreement pursuant to Paragraph 3(B) or Subgrantee 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 VCSO shall have no liability to pay any funds whatsoever to Subgrantee or to furnish any other considerations under this Agreement and Subgrantee shall not be obligated to perform any provisions of this Grant Agreement except that Subgrantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
Subgrantee 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 Subgrantee Resources, here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ A. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Subgrantee 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.
B. Subgrantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
C. Subgrantee 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 Subgrantee in violation of the terms, provisions, conditions, or commitments of this Grant Agreement.
D. 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 or VCSO grants.
Agenda Item No. 08 Page 11 of 77 CC Agenda 05-20-2024
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The VCSO may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Subgrantee 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 Subgrantee reaches five percent (5%), the VCSO may withhold that amount as security, to be released to the Subgrantee 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.
C. The VCSO will not reimburse Subgrantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the VCSO may either withhold an equal amount from future payments to the Subgrantee or require repayment of an equal amount to the State by the Subgrantee.
D. In the event that grant funds are withheld from the Subgrantee, the VCSO’s Sheriff or designee shall notify the Subgrantee of the reasons for withholding and advise the Subgrantee of the time within which the Subgrantee may remedy the failure or violation leading to the withholding.
7. PROJECT BUDGET
Expending of grant funds is limited to: Year 1: no more than the amount requested for Year 1; Year 2: no more than the amount requested for Year 2 plus any carry over of unspent funds from Year 1 (use of carry over funds requires BSCC and VCSO pre-approval); and Year 3: no more than the amount requested for Year 3 plus any pre-approved unspent carry over funds from Years 1 and 2.
Agenda Item No. 08 Page 12 of 77 CC Agenda 05-20-2024
EXHIBIT C: GIA 610: GENERAL TERMS AND CONDITIONS (INTERAGENCY
AGREEMENTS)
1. APPROVAL: This Agreement is not valid until signed by both parties and approved by the Department of General Services, if required.
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. AUDIT: The agency performing work under this Agreement agrees that the awarding department, the Department of General Services, the California State Auditor, of their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement if it exceeds $10,000. The agency performing work agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of record retention is stipulated.
4. PAYMENT: Costs for this Agreement shall be computed in accordance with State and Administrative Manual Section 8752 and 8752.1.
5. SUBCONTRACTING: All subcontracting must comply with the requirements of the State Contracting Manual, Section 3.06.
6. ADVANCED PAYMENT: The parties to this interagency agreement may agree to the advancing of funds as provided in Government Code Sections 11257 through 11263.
7. DISPUTES: The agency performing work under this Agreement shall continue with the responsibilities under this Agreement during any dispute.
8. TIMELINESS: Time is of the essence in this Agreement.
9. NON-PAYMENT OF INVOICES – FUND TRANSACTION REQUEST: In accordance with Government Code Section 11255, the parties agree that when an invoice is not paid by the requested due date to the Contractor (agency providing the service) and the invoice is not disputed by the contracting Department (agency receiving the service), Contractor may send the contracting Department a 30-day notice that it intends to initiate a transfer of funds through a Transaction Request sent to the State Controller’s Office. To facilitate a Transaction Request should one be needed, the contracting Department shall no later than 10 business days following execution of this agreement provide data to the Contractor for the appropriation to be charged including: fund number, organization code, fiscal year, reference, category, or program, and, if applicable, element, component, and task.
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Ventura County
BSCC 1223-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1. SUBGRANTEE’S GENERAL RESPONSIBILITY
A. Subgrantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the VCSO are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Subgrantee’s responsibility.
B. Subgrantee is responsible for the performance of all project activities identified in 2022 JAG Application for Funding.
C. Subgrantee shall immediately advise the VCSO of any significant problems or changes that arise during the course of the project.
2. SUBGRANTEE 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. Subgrantee 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 Subgrantee 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
Subgrantee shall fulfill all assurances, declarations, representations, and statements made by the Subgrantee documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
D. Permits and Licenses
Subgrantee 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 Subgrantee may subcontract for services needed to implement and/or support program activities. Subgrantee agrees that in the event of any inconsistency between this Grant Agreement and Subgrantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the VCSO and any subcontractors, and no subcontract shall relieve the Subgrantee of his responsibilities and obligations hereunder. The Subgrantee agrees to be as fully responsible to the VCSO 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 Subgrantee. The Subgrantee's obligation to pay its subcontractors is an independent obligation from the VCSO's obligation to make payments to the Subgrantee. As a result, the VCSO shall have no obligation to pay or to enforce the payment of any money to any subcontractor.
C. Subgrantee shall ensure that all subcontractors comply with the eligibility requirements.
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Ventura County
BSCC 1223-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
D. Subgrantee assures that for any subcontract awarded by the Subgrantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Subgrantee agrees to place appropriate language in all subcontracts for work on the project requiring the Subgrantee’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 such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the VCSO or designees, BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the VCSO or designee, BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grantfunded project.
4. PROJECT ACCESS
Subgrantee shall ensure that the VCSO, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the subgrantee 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 Subgrantee shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. Subgrantee 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: Subgrantee 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 or VCSO 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 or VCSO 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.
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Ventura County
BSCC 1223-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the VCSO to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, VCSO will not enter into contracts or provide reimbursement to subgrantees 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 VCSO 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 subgrantee at the time of application and that the subgrantee will immediately notify the VCSO should such debarment or conviction occur during the term of the Grant contract.
VCSO 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 VCSO along with supporting documentation.
All Subgrantees must have on file with the VCSO a completed and signed Exhibit F: Certification of Compliance with VCSO Policies on Debarment, Fraud, Theft and Embezzlement.
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC or VCSO. 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.
8. TERMINATION
A. This Grant Agreement may be terminated by the VCSO at any time after grant award and prior to completion of project upon action or inaction by the Subgrantee 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 VCSO;
2) refusal or inability to complete the grant project
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 VCSO shall provide the Subgrantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Subgrantee may appeal the termination decision in accordance with the
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Ventura County
BSCC 1223-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
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 Subgrantee shall submit to the VCSO 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. Subgrantee’s written demand shall be fully supported by factual information. The VCSO shall have 30 days after receipt of Subgrantee’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 Subgrantee’s demand, it shall be deemed a decision adverse to the Subgrantee’s contention. If the Subgrantee is not satisfied with the decision of the VCSO, the Subgrantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the VCSO Sheriff, who shall have 45 days to render a final decision. If the Subgrantee does not appeal the decision of the VCSO, 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 Subgrantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Subgrantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. The subgrantee’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 VCSO shall be expressly identified as such, shall be in writing, and shall be signed by the Sheriff, if an appeal was made. If the Sheriff fails to render a final decision within 45 days after receipt of the Subgrantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Subgrantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Subgrantee 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.
10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
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2020 JAG Federal Award Conditions
The Grantee or Subgrantee hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines and requirements, including the following:
1. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNoticesAwardReqts.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 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.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP.
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The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 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 2020 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and anysubrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
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.
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at 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 DOJGrants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by Agenda Item No. 08 Page 19 of 77 CC Agenda 05-20-2024
120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Subgrantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, 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://www.ojp.gov/training/fmts.htm. 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.
6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
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The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
9. Employment eligibility verification for hiring under the award1
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) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both—
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable 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.
1 Please note: this award condition is subject to a stipulated agreement between the State of California and DOJ in California v. Barr, No. 3:19-cv-6189-WHO, ECF No. 41 (N.D. Cal. June 3, 2020) Agenda Item No. 08 Page 21 of 77 CC Agenda 05-20-2024
4. Rules 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.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.everify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civilrights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the EVerify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email EVerify at [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
10. Requirement 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 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
11. All subawards ("subgrants") must have specific federal authorization Agenda Item No. 08 Page 22 of 77 CC Agenda 05-20-2024
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
12. Specific 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 requirements 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 postaward approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
13. Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") – no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ.
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2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable 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. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
15. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
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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.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
18. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
19. 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.
20. Potential imposition of additional requirements
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The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list.
21. Compliance 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 requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
22. Compliance 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 requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 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 requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
24. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) Agenda Item No. 08 Page 26 of 77 CC Agenda 05-20-2024
with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
25. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:
Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 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. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Agenda Item No. 08 Page 27 of 77 CC Agenda 05-20-2024
Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient—
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both—
a. it represents that—
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal 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.
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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.
29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
30. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. [Intentionally Omitted: award conditions 31 through 41, as originally set out in the award document, per OJP Notices No. 41, No. 42, No. 43, and No. 47.]
42. Cooperating 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, including 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).
43. FFATA reporting: Subawards and executive compensation Agenda Item No. 08 Page 29 of 77 CC Agenda 05-20-2024
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
44. 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.
45. 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.
46. 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.
47. 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.
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48. 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 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.
49. Protection 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 subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
50. Confidentiality 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. 51. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes.
52. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
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Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
53. 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.
54. 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 NICSrelevant "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.
55. "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.
56. Required attendance at BJA-sponsored events
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The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request.
57. 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:
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.
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58. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund,\ including any interest, may not beused to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
59. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
60. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballisticresistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor.
There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
61. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG 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 (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). 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 can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx.
62. Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Agenda Item No. 08 Page 34 of 77 CC Agenda 05-20-2024
Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
63. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.
64. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
65. JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA]
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement ofproject costs incurred "at risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
66. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express Agenda Item No. 08 Page 35 of 77 CC Agenda 05-20-2024
written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS.
67. Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories.
To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.
68. 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 https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
69. Withholding of funds: Required State Strategic Plan submission The recipient may not obligate, expend, or draw down any award funds until the recipient submits a sufficient Statewide Strategic Plan (to include an Annual Report in each year in which the Statewide Strategic Plan is not fully updated), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
70. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
71. SORNA final agency decision – Appeals
The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction did not substantially implement the Sex Offender Registration and Notification Act (Public Law 109- Agenda Item No. 08 Page 36 of 77 CC Agenda 05-20-2024
248, "SORNA") before the deadline, and understands that, as a result of that final agency decision, the amount of this JAG award was reduced, pursuant to 34 U.S.C. 20927. By accepting this specific award, the recipient voluntarily agrees that if it elects to file a judicial appeal of that final agency decision, which was integral in determining this particular funding amount, no such appeal may commence more than 6 months after the date of acceptance of this award.
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2021 JAG Award Federal Conditions
The Grantee hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines and requirements, including the following:
1. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 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 2021 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies - - and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
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.
2. Requirement 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 Agenda Item No. 08 Page 38 of 77 CC Agenda 05-20-2024
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
3. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2019, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2019, 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://www.ojp.gov/training/fmts.htm. 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.
4. Safe policing and law enforcement subrecipients
If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process.
To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
5. 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.
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6. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNoticesAwardReqts.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 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.
7. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries
Currently, among other things, 28 C.F.R. Part 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 Agenda Item No. 08 Page 40 of 77 CC Agenda 05-20-2024
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain torecipients 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 Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
8. Compliance 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 requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
9. Compliance 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 requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
10. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal 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.
11. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
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.
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Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Post award Requirements" in the "DOJ Grants Financial Guide").
12. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
13. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
14. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any 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.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
15. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the Agenda Item No. 08 Page 42 of 77 CC Agenda 05-20-2024
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.
16. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://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.
17. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
18. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2021) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
19. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
20. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
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B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful,in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable 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. Rules 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.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.everify.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.
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C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [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.
21. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
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a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
22. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
23. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
24. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
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The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
25. Restrictions on "lobbying"
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
26. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that Agenda Item No. 08 Page 47 of 77 CC Agenda 05-20-2024
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.
27. Specific 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 requirements 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 postaward approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
28. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
29. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
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30. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:
Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 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.
31. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, 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 his or her name).
32. Cooperating 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, including 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).
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33. 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.
34. 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.
35. 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.
36. 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.
37. 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 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.
38. Protection 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 subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
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39. Confidentiality 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. 40. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
41. 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.
42. "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.
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43. 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.
44. 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:
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.
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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.
45. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
46. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.
47. All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).
Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation
48. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
49. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2020
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of the award. As of the first day of the period of performance for the award (October 1, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement ofproject costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award andOJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
50. If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
51. 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.
52. Prohibition on use of award funds for match under BVP program Agenda Item No. 08 Page 54 of 77 CC Agenda 05-20-2024
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
53. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballisticresistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor.
There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
54. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG 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 (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). 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 can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx.
55. 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 https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
56. 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 Agenda Item No. 08 Page 55 of 77 CC Agenda 05-20-2024
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.
57. BJA- JAG - SORNA Appeal Limits
The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction did not substantially implement the Sex Offender Registration and Notification Act (Public Law 109- 248, "SORNA") before the deadline, and understands that, as a result of that final agency decision, the amount of this JAG award was reduced, pursuant to 34 U.S.C. 20927. By accepting this specific award, the recipient voluntarily agrees that if it elects to file a judicial appeal of that final agency decision, which was integral in determining this particular funding amount, no such appeal may commence more than 6 months after the date of acceptance of this award.
58. BJA- JAG - Withholding of Funds for Chief Executive Certification Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properlyexecuted (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
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2022 JAG Award Federal Conditions.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
1. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://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 approval of OJP.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
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3. Requirement 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.
4. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/trainingguiding-principles-grantees-and-subgrantees.
5. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 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://www.ojp.gov/training/fmts.htm. 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.
6. 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.
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7. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/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 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.
8. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of Agenda Item No. 08 Page 59 of 77 CC Agenda 05-20-2024
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
9. Compliance 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 requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
10. Compliance 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 requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
11. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal 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.
12. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
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Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
13. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
14. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
15. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any 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.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
16. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates Agenda Item No. 08 Page 61 of 77 CC Agenda 05-20-2024
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.
17. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://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.
18. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
19. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
20. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
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D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable 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. Rules 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.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify Agenda Item No. 08 Page 63 of 77 CC Agenda 05-20-2024
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.
21. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
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b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
22. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
23. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
24. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
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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).
25. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
26. Specific 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 requirements 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 postaward approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
27. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the Agenda Item No. 08 Page 66 of 77 CC Agenda 05-20-2024
recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
28. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
29. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:
Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 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.
30. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than Agenda Item No. 08 Page 67 of 77 CC Agenda 05-20-2024
$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 his or her name).
31. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General 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 Agenda Item No. 08 Page 68 of 77 CC Agenda 05-20-2024
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 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. Protection 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 subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
38. Confidentiality 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 award 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 recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
41. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance Agenda Item No. 08 Page 69 of 77 CC Agenda 05-20-2024
measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
42. 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.
43. 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.
44. 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:
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 Agenda Item No. 08 Page 70 of 77 CC Agenda 05-20-2024
(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.
45. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
46. All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).
Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work.
The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage.
Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
47. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.
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48. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
49. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2021
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2021), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
50. If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
51. Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/download), and must collect and report the metrics identified in Section IX of that document to BJA.
52. 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, Agenda Item No. 08 Page 72 of 77 CC Agenda 05-20-2024
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.
53. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
54. Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballisticresistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor.
There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
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, ballisticresistant 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
55. Extreme risk protection programs funded by JAG 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 Agenda Item No. 08 Page 73 of 77 CC Agenda 05-20-2024
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 postdeprivation 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.
56. 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.
57. "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.
58. 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 Agenda Item No. 08 Page 74 of 77 CC Agenda 05-20-2024
on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
59. BJA- JAG - Withholding of funds for program narrative Withholding of funds: Program narrative
The recipient may not expend or draw down any award funds until the recipient submits, and OJP reviews and accepts, the program narrative for this award, and an Award Condition Modification has been issued to remove this condition.
60. 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.
61. BJA- JAG - Withholding of Funds for Chief Executive Certification Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
62. BJA- JAG - Withholding of Funds for State Strategic Plan submission Withholding of funds: Required State Strategic Plan submission The recipient may not expend or draw down any award funds until the recipient submits a sufficient Statewide Strategic Plan (to include an Annual Report in each year in which the Statewide Strategic Plan is not fully updated), and an Award Condition Modification has been issued to remove this condition.
Agenda Item No. 08 Page 75 of 77 CC Agenda 05-20-2024
63. BJA- JAG - SORNA Appeal Limits
The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction did not substantially implement the Sex Offender Registration and Notification Act (Public Law 109-248, "SORNA") before the deadline, and understands that, as a result of that final agency decision, the amount of this JAG award was reduced, pursuant to 34 U.S.C. 20927. By accepting this specific award, the recipient voluntarily agrees that if it elects to file a judicial appeal of that final agency decision, which was integral in determining this particular funding amount, no such appeal may commence more than 6 months after the date of acceptance of this award.
64. 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.
Agenda Item No. 08 Page 76 of 77 CC Agenda 05-20-2024
Exhibit F: Certification of Compliance with VCSO Polices on Debarment, Fraud, Theft and Embezzlement
It is the policy of the VCSO to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, VCSO will not enter into contracts or provide reimbursement to subrecipients 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 VCSO requires grant subrecipients 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 subgrantee at the time of application and that the subgrantee will immediately notify the VCSO should such debarment or conviction occur during the term of the Grant contract.
VCSO also requires that all grant subrecipients 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 subrecipient. If a grant subrecipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant subrecipient must submit a written request for exception to the VCSO along with supporting documentation.
By checking the following boxes and signing below, applicant affirms that:
[ X ] I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.
[ X ] I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three years. We will notify the VCSO should such debarment or conviction occur during the term of the Grant contract. [ X ] I/We will hold subgrantees and subcontractors to these same requirements.
A subgrantee may make a request in writing to the Sheriff of VCSO for an exception to the debarment policy. Any determination made by the Sheriff shall be made in writing.
AUTHORIZED SIGNATURE
This document must be signed by the person who is authorized to sign the Grant Agreement.
NAME OF AUTHORIZED
OFFICER
Michael Federico
TITLE
Chief of Police
TELEPHONE NUMBER
805-986-6530
EMAIL ADDRESS
[email protected]
STREET ADDRESS
250 N. Ventura Rd
CITY
Port Hueneme
STATE
CA
ZIP CODE
93041
APPLICANT’S SIGNATURE
X
DATE
Agenda Item No. 08 Page 77 of 77 CC Agenda 05-20-2024
DATE: May 20, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Robert Albertson, Police Commander
SUBJECT: APPROVAL OF CONTRACT RENEWAL WITH FLOCK GROUP INC.
RECOMMENDATION:
1. Authorize the Chief of Police to execute a contract renewal with Flock Group Inc. for Automatic License Plate Reader (ALPR) Software-As-A-Service (SAAS) Agreement.
2. Approve a budget appropriation in the amount of $10,000 to fund the cost increase in the price of the contract.
BACKGROUND/ANALYSIS:
In December 2019, the Chief of Police executed an SAAS Services Agreement with Flock Group Inc. for ten (10) ALPR cameras. The total cost of the agreement with each renewal has been $20,000 annually. In January 2024, Flock Group Inc. increased the price of each camera from $2,000 to $3,000, for a total cost of $30,000 annually, exceeding staff’s approval authority by $5,000 and thus requiring City Council Approval.
The ALPR cameras have been a valuable tool for solving various crimes, including homicide, vehicle theft, burglary, arson and missing persons’ cases.
The police department has a written ALPR policy in place and adheres to strict guidelines for accessing and using ALPR data. Under the Flock Group Inc. terms and conditions, the vendor retains ownership of all hardware and maintains storage of all captured ALPR data. The Field Services Commander is the Police Department’s ALPR administrator and conducts routine audits of the system’s usage. To date, there has not been a single instance of misuse. The system interface also includes a transparency portal by which the department can respond to Public Records Requests concerning ALPR usage through the Flock Group Inc. software.
In addition to the ten ALPR cameras through the SAAS Services Agreement, the police department also has access to an additional six ALPR cameras located within the City through an SAAS Services Agreement that the Port of Hueneme has with Flock Group Agenda Item No. 09 Page 1 of 13 CC Agenda 05-20-2024
Flock Group Inc. SAAS Services Agreement
May 20, 2024