Agenda packet, regular meeting — San Mateo City Council, September 2, 2025 (part 1 of 2)

CITY OF SAN MATEO
City Council Regular Meeting
September 2, 2025
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Robert Newsom Jr.

Adam Loraine
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

AMENDED AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY .

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here:

September 2, 2025
To join via telephone: (408) 638-0968
Webinar ID: 824 9147 7304 Passcode: 383955
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

Agenda Amended on August 29, 2025
Item 9: Attachment 1

CALL TO ORDER
Pledge of Allegiance
Roll Call
AB 2449 Requests and Consideration for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CEREMONIAL

1. Toyonaka – San Mateo Youth Baseball and International Exchange Program – Presentation

2. Emergency Preparedness Month – Proclamation

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

3. City Council Meeting Minutes — Approval
Approve the minutes of the special and regular City Council meetings held on August 18, 2025.

CEQA: This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

4. League of California Cities Annual Conference — Voting Delegate Designation

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Designate Mayor Rob Newsom as the City's Voting Delegate and Council Member Nicole Fernandez as an alternate for the 2025 League of California Cities Annual Conference.

CEQA: This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

5. San Mateo Management Employees' Association Side Letter of Agreement — Amendment Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo Management Employees' Association (”SMMEA”) to implement additional salary equity adjustments for the following classifications:

Assistant City Attorney, Parks and Landscape Manager, Parks and Landscape Maintenance Supervisor, Managing Arborist and the Wastewater Treatment Plant Lab Supervisor.

CEQA: This Side Letter of Agreement is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

6. San Mateo Safety Management Association Memorandum of Understanding — Amendment Adopt a Resolution to amend the San Mateo Safety Management Association (SMSMA) Memorandum of Understanding (MOU) to delete floating holidays from Section 12.0 - Holidays and provide clarification to ensure compliance with the California Public Employees’ Retirement System (CalPERS).

7. Community Wellness and Crisis Response Team Mental Health Partnership — Agreement Approve an agreement with the County of San Mateo for reimbursement of costs related to the Community Wellness and Crisis Response Team mental health services program in an estimated amount of $55,000 and authorize the Chief of Police to execute the agreement in substantially the form presented.

CEQA: This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

8. Basins 2 and 3, Underground Flow Equalization System (UFES) Construction — Contract Contingency Increase Approve an increase to the contingency reserve to the construction contract with Anderson Pacific Engineering Construction, Inc. for the Underground Flow Equalization System project in the amount of $600,000, for a new total revised contingency amount of $6,271,000; and authorize the Public Works Director to execute contract change orders within the contingency amount.

CEQA: The work addressed by this administrative report is being undertaken to support the Clean Water Program.

This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.

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OLD BUSINESS

9. Delaware Street Safe Routes to School Corridor Bike Lane Improvements — Update Receive an update and provide direction to staff on the Delaware Street Safe Routes to School Corridor Bike Lane Improvements project.

CEQA: This Council action in receiving an informational update and providing direction for the Project is not a project subject to CEQA review, in that it consists of the planning for possible future actions which the City has not approved, adopted, or funded. (CEQA Guidelines Section 15262.)

NEW BUSINESS

10. San Mateo Area Chamber of Commerce: 2025-26 Work Plan — Presentation Receive a presentation from the San Mateo Area Chamber of Commerce on the 2025-26 Work Plan.

CEQA: This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

WATCHING A MEETING ON TV:

City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

WATCHING A MEETING ON A COMPUTER:

There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.

During the meeting
By Zoom:

Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone:

Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person
: At the meeting complete a “Request to Speak” form.

Organized Group and Presentations
: Up to five (5) minutes for a group presentation, with as many speakers as can be accommodated within that time allowance. To qualify for a group presentation, all individuals associated with the presentation must be clearly identified and confirmed as in attendance at the meeting. Presentation materials must be submitted to [email protected] one (1) business day in advance of the meeting.

ACCESSIBILITY:

In compliance with the Americans with Disabilities Act and to ensure meaningful access for all participants, including those with limited English proficiency, individuals requiring special accommodations or language assistance to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 25-10323 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 02, 2025
SUBJECT:

City Council Meeting Minutes — Approval
RECOMMENDATION:

Approve the minutes of the special and regular City Council meetings held on August 18, 2025.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Minutes 2025-08-18 Special
Att 2 - Minutes 2025-08-18 Regular

STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042

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City Council Special Meeting Minutes – 8/18/2025 Page 1 1 2
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8 COUNCIL MEMBERS
Robert Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

August 18, 2025
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, Diaz Nash and Cwirko-Godycki AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:32 p.m. to consider:

1. Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (one case) Existing facts and circumstances: discuss IRS compliance statement for plan corrections Council reconvened at 5:45 p.m.

STUDY SESSION

2. Revenue Enhancement Options — Informational
Abby Vesser, Deputy Finance Director, gave a presentation on the General Fund revenue enhancement options, many of which will require a ballot measure, and requested Council’s direction on which option(s) to move forward for additional review.

Public Comment: no speakers
Council agreed to proceed with further study of a sales tax increase to address the structural deficit and a general obligation (GO) bond for infrastructure needs. Staff will conduct community polling on both measures and return with results in early November, alongside public outreach and engagement efforts.

ADJOURNMENT –The meeting adjourned at 6:35 p.m.

APPROVED BY: SUBMITTED BY:

Robert Newsom, Jr., Mayor Martin McTaggart, City Clerk

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City Council Regular Meeting Minutes – 8/18/2025 Page 1 1 2
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9 COUNCIL MEMBERS
Robert Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

August 18, 2025
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1.College of San Mateo Softball Championship – Recognition Nicole Quigley-Borg, Head Coach, gave opening remarks, recognized players and assistant coaches.

2.101st Airborne Bastogne Ball Presentation and Linda Patterson – Proclamation City Clerk, Martin McTaggart, made introductory remarks and gave the presentation. Linda Patterson made remarks and received the proclamation.

Public Comment: Joe Goethals expressed appreciation for Linda and Steve, highlighting their ongoing support for soldiers and the positive impact they've had on the community.

3.Sue Lempert – Mayor’s Quarterly Hero Award
Public Comment: Emily Beach, Kevin Mullin, Charles Stone, Joe Goethals, Diane Papan, Hector Camacho, Rich Hedges, and John Mayes all took the opportunity to recognize and honor Sue Lumpert for her decades of service as an educator, councilmember, mayor, columnist, and mentor, highlighting her substantial contributions to civic life, journalism, education, local governance, and community cohesion.

Council recessed from 8:15 p.m. to 8:20 p.m.

4.Karen Huang, Finance Director – Recognition
Karen Huang, Finance Director, received the Resolution.

CONSENT CALENDAR
The following items, 5 through 18, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

Moved: Cwirko-Godycki, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

5.City Council Meeting Minutes — Approval
Approve the minutes of the special and regular City Council meetings held on July 28, 2025.

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City Council Regular Meeting Minutes – 8/18/2025 Page 2 1 2
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9 6.Amendment to Contribution Limits for City Candidate Campaigns — Ordinance Adoption Adopt an Ordinance to amend San Mateo Municipal Code Chapter 2.80: "Contributions and Loans to City Candidate Campaigns” to adjust contribution limits for individuals to $1,000, thereby aligning with organizational contribution limits, link future contribution limits adjustments to the Consumer Price Index (CPI) and enhance incentives for participation in the voluntary expenditure limits program, all in accordance with Council direction.

Enactment: Ordinance No. 2025-06

7.City Council and Boards and Commissions Rules and Procedures — Updates Approve the proposed amendments to the Rules and Procedures for both the City Council and Boards and Commissions to reflect the direction provided by City Council.

8.Marina Lagoon Spot Dredging Project — Bid Rejection
Adopt a Resolution to reject the sole bid received for the Marina Lagoon Spot Dredging Project and authorize the Public Works Director to negotiate a contract directly with Power Engineering Construction Company.

Enactment: Resolution No. 86 (2025)

9.Gateway Park Pedestrian Bridge Replacement Project — Agreement Approve an agreement with E.E. Gilbert Construction, Inc. for the Gateway Park Pedestrian Bridge Replacement Project in the amount of $478,112.67; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

10.On-Call Public Works Plan Review Services — Amendment Approve Amendment No. 2 to the professional consultant services agreement with CSG Consultants, Inc. for private development and right-of-way support services to increase the agreement amount by $200,000 for a revised total, not-to-exceed amount of $600,000; and authorize the Public Works Director to execute the amendment in substantially the form presented.

11.Los Prados, Kehoe Kelly & Arroyo Lift Stations Rehabilitation Project — Agreement Award an agreement to JMB Construction, Inc. for the Los Prados, Kehoe Kelly & Arroyo Lift Station Rehabilitation Project in an amount not to exceed $14,658,091.00; establish a contingency in the amount of $2,750,000.00; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

12.Central Recreation Center Roof Improvements Project — Contract Award Award a construction contract to I & A Contractor, Inc. for improvements to the roof at the Central Recreation Center in the amount of $196,000; establish a contingency reserve in the amount of $39,200; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

13.Construction Special Inspection Services for the Clean Water Program — Amendment Approve Amendment No. 5 to the professional services agreement with Smith Emery San Francisco to provide as-needed construction special inspection services for various Clean Water Program projects; increase the compensation for the agreement by $150,000, for a revised total agreement amount of $3,500,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

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City Council Regular Meeting Minutes – 8/18/2025 Page 3 1 2
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9 14.Contracts with Contingency Component — Update
Receive the report on Citywide contracts contingency fund expenditures for the period from August 1, 2017, through June 30, 2025.

15.Wastewater Treatment Plant Annual Major Components – Contingency Reserve Increase Approve an increase to the project contingency of the Digester 2 Coatings Project being performed by Brand Energy Services of California, Inc. by $160,000, for a total contingency reserve in the amount of $242,000; and authorize the Public Works Director to approve any necessary change orders within the approved contingency amount.

16.Recreation Services Agreement — Contingency Reserve Increase Approve a contingency reserve increase in the amount of $30,000 for the Recreation Service Agreement with Bay Area Educational Theater Company, 501(c)(3) for youth summer camps, revising the original contingency reserve from $25,000 to $55,000; and authorize the Director of Parks and Recreation to issue change orders within the contingency amount.

17.Customer Relationship Management Software and Services — Agreement Adopt a Resolution approving an alternative purchasing procedure to award a three-year agreement to Catalis Public Works & Citizen Engagement, LLC for a Customer Relationship Management software system in the amount $140,500; approve $38,500 supplemental appropriation for the IT Department’s operating budget from the General Fund unassigned fund balance; and authorize the Director of IT to execute the agreement in substantially the form presented and issue amendments within the Agreement amount.

Enactment: Resolution No. 87 (2025)

18.Housing Set Aside Fund — Appropriation
Adopt a Resolution approving a supplemental budget appropriation of $250,000 of unassigned fund balance from the General Fund to increase transfers out from the General Fund to the Housing Set Aside Fund (Fund 130) to increase the budget for affordable housing developments.

Enactment: Resolution No. 88 (2025)

END OF CONSENT CALENDAR

PUBLIC COMMENT
James Minto, expressed concerns about a safety issue related to the deepening of a creek behind his property and requested guidance from the city on possible solutions. Scott Beiel, representing the plumbers union, spoke in support of project labor agreements to ensure job opportunities, workforce development, and quality standards in public infrastructure projects. Rich Hedges requested the council to consider adding a project labor agreement to a future agenda, highlighting its benefits for safety, cost control, labor stability, and local workforce support. Ernestine Jackson requested the reinstatement of 100 parking spaces on Humboldt Street.

Trina Pierce expressed support for restoring parking spaces on Humboldt Street, emphasizing the importance for local seniors who rely on them. Richard Holober shared the college district’s positive experience with project labor agreements, noting their benefits for smooth projects and skilled workers. Julie Lind shared how community workforce agreements support safe, efficient projects with fair wages and local hiring, without increasing costs.

OLD BUSINESS
Councilmember Fernandez recused herself from Item 19 because she has a real property interest that is close to both railroad crossings.

19.Train Quiet Zone Project Status — Update

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9 Jimmy Vo, Engineering Manager, gave a presentation on the status of the Train Quiet Zone implementation efforts.

Public Comment:

Chris Minerva expressed strong opposition to quad gates, citing concerns about neighborhood isolation, aesthetics, parking, and home values. Sharon Windust emphasized safety issues on local roads and opposed permanent closure or extended medians at railroad crossings, advocating for quad gates instead. Binglie Luo supported closing the Villa Terrace and East Belleview crossings due to unique safety risks and potential positive traffic impacts. Kevin Jow opposed installing medians on Belleview Avenue, highlighting concerns about parking, access, and safety, and favored quad gates as a better solution. Sharon Sanchez supported closing the Villa Terrace crossing, citing past suicides on the tracks and the emotional impact on the neighborhood. Peter Morgan advocated for closing the Villa Terrace crossing to improve safety for children and families in the area. Angus Chandler urged closing the Belleview crossing, focusing on safety for children and ensuring the effectiveness of the quiet zone project. Lily Jow opposes medians on Belleview Avenue and supports full street closures for safety and quiet zone benefits. Kathy Weingand opposes closing the streets, expressing the closures would worsen traffic congestion and parking issues. Philix expressed Option B as a balanced solution, highlighting concerns about parking and safety near a daycare on the street. Mary Claire supports closing Villa Terrace and Belleview for safety reasons and suggests addressing parking separately. Ms. Ann supports closing Villa Terrace crossing to reduce speeding and safety risks for children and drivers in the neighborhood.

The Council supported the closure of both Villa Terrace and East Bellevue Avenue railroad crossings to establish a Train Horn Quiet Zone and enhance safety. They also approved securing Section 130 funding for the Villa Terrace closure from CPUC and Caltrans, while pursuing additional Section 130 funding for the East Bellevue Avenue closure. Furthermore, the Council agreed to utilize local funding, such as the General Fund or other appropriate sources, to support these improvements if external funding opportunities are not available.

Council recessed from 10:08 p.m. to 10:18 p.m.

NEW BUSINESS

20.City Council Appointments to External Agencies and Liaison Roles — Amendment Martin McTaggart, City Clerk, gave the presentation.

Public Comment: no speakers
The Council reviewed and provided direction to amend the Council Appointments list for 2025 to add a liaison to the San Mateo Police Activities League. Council Member Cwirko-Godycki was assigned as the liaison role, with Council Member Fernandez as the alternate. Motion passed 5-0.

Moved: Fernandez, Seconded: Newsom
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

Council received a positive update on the RV engagement and HOT team efforts, which have gone smoothly due to prior outreach. Council discussed construction delays and noise concerns at Parkside Elementary, requesting further

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City Council Regular Meeting Minutes – 8/18/2025 Page 5 1 2
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9 coordination with the school district. Updates on daylighting improvements around schools showed progress, though some work remains. Council acknowledged the anniversary of the 19th Amendment. Staff provided an update confirming preliminary compliance at two Mills Act contract properties and highlighted a successful weekend of community events downtown. Council agreed to agendize a study session on a Community Workforce Agreement (CWA) for November, with staff to provide a memo outlining any project delays that may result.

ADJOURNMENT –The meeting adjourned at 10:50 p.m.

The Council adjourned in memory of Jill Wakeman Goodman and Dennis Soon.

APPROVED BY: SUBMITTED BY:

Robert Newsom, Jr., Mayor Martin McTaggart, City Clerk

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 25-10306 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 02, 2025
SUBJECT:

League of California Cities Annual Conference — Voting Delegate Designation RECOMMENDATION:

Designate Mayor Rob Newsom as the City's Voting Delegate and Council Member Nicole Fernandez as an alternate for the 2025 League of California Cities Annual Conference.

BACKGROUND:

The City is a member of the League of California Cities (League) and as part of its annual conference, a business meeting will be conducted on October 10, 2025, for the League membership to consider and act on resolutions that establish League policy. The City has one vote in the proceedings, and the City Council must designate a voting delegate to represent the City and may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. The form designating the City's voting delegate is due to the League no later than September 24, 2025.

BUDGET IMPACT:

The City Council budget has sufficient funds to cover the costs associated with Mayor Rob Newsom's participation as a voting delegate at the League of California Annual Conference.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-2312 File ID: 25-10268 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: September 02, 2025
SUBJECT:

San Mateo Management Employees' Association Side Letter of Agreement — Amendment RECOMMENDATION:

Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo Management Employees' Association (”SMMEA”) to implement additional salary equity adjustments for the following classifications: Assistant City Attorney, Parks and Landscape Manager, Parks and Landscape Maintenance Supervisor, Managing Arborist and the Wastewater Treatment Plant Lab Supervisor.

BACKGROUND:

During the last contract negotiations, the City and SMMEA agreed to survey the following classifications per the MOU Section 7.2 Market Placement and Compensation Survey Data. A third-party consultant conducted the surveys, and the findings revealed that the City of San Mateo was below the median as follows:
Assistant City Attorney- 6.72 percent,
Parks and Landscape Manager- 7.86 percent,
Parks and Landscape Maintenance Supervisor- 7.86 percent, Managing Arborist-7.86 percent, and
Wastewater Treatment Plant Lab Supervisor -1.52 percent The intent of the Side Letter of Agreement is to bring the classifications listed above to the median salary rate effective the first full pay period following Council adoption.

BUDGET IMPACT:

The additional equity adjustments to the Memorandum of Understanding (MOU) with the San Mateo Management Employees’ Association will result in an annual increase or approximately $84,400, with $51,200 in the General Fund, $25,200 in the Construction Services Fund, and $8,000 in the Sewer Fund, all which can be absorbed within the departments’ budget.

ENVIRONMENTAL DETERMINATION:

This Side Letter of Agreement is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

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CITY OF SAN MATEO
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ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Side Letter of Agreement

STAFF CONTACT
Yumi Maeda, Senior Human Resource Analyst
[email protected]
(650) 522-7279

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MATEO AND THE SAN MATEO MANAGEMENT EMPLOYEES’ ASSOCIATION

WHEREAS, the San Mateo Management Employees’ Association (SMMEA or Unit) and the City have negotiated changes to the Memorandum of Understanding (MOU) for the Association; and

WHEREAS, the amendments are related to salary equity adjustments; and

WHEREAS, the parties have met and conferred, and have signed a Side Letter of Agreement to amend the Unit’s MOU.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. This Side Letter of Agreement is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

2. The amendments to the Memorandum of Understanding for the SMMEA, set forth in the Side Letter of Agreement attached as Exhibit A, are approved and summarized as follows:

Salary: The Side Letter of Understanding was created to provide a salary equity adjustment to the Assistant City Attorney of 6.72%, Parks and Landscape Manager of 7.86%, Parks and Landscape Maintenance Supervisor of 7.86%, Managing Arborist of 7.86% and the Wastewater Treatment Plant Lab Supervisor of 1.52% compensation effective the first full pay period following Council adoption.

3. The additional equity adjustments will result in an annual increase or approximately $84,400, with $51,200 in the General Fund, $25,200 in the Construction Services Fund, and $8,000 in the Sewer Fund, all which can be absorbed within each departments’ budget.

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Exhibit A

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 10-2312 File ID: 25-10248 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: September 2, 2025
SUBJECT:

San Mateo Safety Management Association Memorandum of Understanding — Amendment RECOMMENDATION:

Adopt a Resolution to amend the San Mateo Safety Management Association (SMSMA) Memorandum of Understanding (MOU) to delete floating holidays from Section 12.0 - Holidays and provide clarification to ensure compliance with the California Public Employees’ Retirement System (CalPERS).

BACKGROUND:

The City was recently notified by the California Public Employees’ Retirement System (CalPERS) that the holiday-in-lieu compensation for floating holidays is not pensionable. As a result, the City and SMSMA met and conferred and reached agreement to: 1) Clarify the language in the MOU, and 2) delete the floating holidays from “Holidays Observed” to ensure compliance with CalPERS.

BUDGET IMPACT:

The recommended amendments for the San Mateo Safety Management Association (SMSMA) Memorandum of Understanding (MOU) have no fiscal impact.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Side Letter of Agreement

STAFF CONTACT
Yumi Maeda, Senior Human Resource Analyst
[email protected]
(650) 522-7279

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5 CITY OF SAN MATEO
PROPOSED RESOLUTION NO. ____ (2025)

ADOPTING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SAN MATEO AND THE SAN MATEO SAFETY MANAGEMENT ASSOCIATION

WHEREAS, the San Mateo Safety Management Association (SMSMA or Unit) and the City have negotiated changes to the Memorandum of Understanding (MOU) for the Unit; and WHEREAS, the amendments are to ensure the language in the SMSMA MOU Section 12.0 Holidays is in compliance with California Public Employees Retirement System (CalPERS); and WHEREAS, the parties have met and conferred, and have reached an understanding to amend the Unit’s MOU.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

2. There is no fiscal impact to the recommended changes to the San Mateo Safety Management Association.

3. The amendments to the Memorandum of Understanding for the SMSMA, set forth in the Side Letter of Agreement attached as Exhibit A are approved and summarized as follows:
Delete floating holidays from Section 12.1-Holiday Observed to ensure compliance with CalPERS.
Revise the language in Section 12.0- Holidays to provide clarification.

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1 2
2 1
5 Exhibit A
Side Letter of Agreement
Between
the City of San Mateo
and
the San Mateo Safety Management Association
Re: Holidays
August 8, 2025
Purpose: The purpose of this Side Letter of Agreement is to ensure the language in the San Mateo Safety Management Association (SMSMA) Memorandum of Understanding (MOU), Section 12.2- Holiday Factor and Differential is in compliance with the California Public Employees’ Retirement System (CalPERS). Therefore, the parties agree to the following changes to the SMSMA MOU:

12.0 HOLIDAYS

12.1 Holidays Observed
The holidays to be observed are as follows:

A. New Year's Day, January 1st
B. Martin Luther King's Birthday, 3rd Monday in January C. President's Day, 3rd Monday in February
D. Memorial Day, last Monday in May
E. Juneteenth, June 19th
F. Independence Day, July 4th
G. Labor Day, 1st Monday in September
H. Veteran's Day, November 11
I. Thanksgiving Day, 4th Thursday in November
J. The day after Thanksgiving
K. Christmas Day, December 25th
K. Every day approved by the City Council as a public holiday, public fast, or a day of mourning L. Three (3) floating holidays

12.2 Federal or State Holidays
All other days appointed by the President of the United States or Governor of the State of California as a nationwide or statewide public holiday, day of fast, day of fast, or day of mourning, provided that observance of the day as a paid holiday is approved by the City Council.

12.3 Holiday Factor and Differential
Police Command Staff cannot always take holidays when they fall. work in positions that require scheduled staffing without regard to holidays, so they shall receive additional compensation,

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1 2
2 1
5 19 of 224

DocuSign Envelope ID: C34BFB37-A9CC-4A59-BE65-09CBA01AC4BA 1 2
2 1
5 over and above their base rate. Police Command Staff shall be compensated for thirteen (13) holidays a year by being placed on a bi-weekly holiday factor, pro-rated for partial pay periods.

Effective March 22, 2020, Police Captains and Police Lieutenants shall receive holiday-in-lieu pay at the rate of 5.4% of base pay each pay period and pro-rated for partial pay periods.

Aracelia Esparza Matt Earnshaw
Human Resources Director President, SMSMA
Date: 8/11/2025

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DocuSign Envelope ID: C34BFB37-A9CC-4A59-BE65-09CBA01AC4BA 1 2
2 1
5 2

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 25-10285 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: September 02, 2025
SUBJECT:

Community Wellness and Crisis Response Team Mental Health Partnership — Agreement RECOMMENDATION:

Approve an agreement with the County of San Mateo for reimbursement of costs related to the Community Wellness and Crisis Response Team mental health services program in an estimated amount of $55,000 and authorize the Chief of Police to execute the agreement in substantially the form presented.

BACKGROUND:

The City of San Mateo has partnered with San Mateo County Behavioral Health and Recovery Services on the Community Wellness and Crisis Response Team (CWCRT) Mental Health Clinician Cost-Sharing Program since 2021. The program embedded clinicians, employed by local non-profit Star Vista, with participating police departments to optimally respond to individuals experiencing a mental health crisis. Since implementation, the clinicians and overall program have been a resounding success and a valuable addition to public safety in the City of San Mateo.

Under the current agreement, the County has contracted with Star Vista for provision of a clinician who is shared between the Cities of San Mateo and Foster City. The County pays for 50 percent of the cost of the clinician, and San Mateo and Foster City each pay 25 percent. Unfortunately, Star Vista ceased operations on August 1, 2025, due to ongoing financial challenges. As a result, the clinician’s employment through Star Vista ended. To ensure continuity of services, the Police Department hired the clinician as a per-diem (part time) City employee.

The County is committed to continuing to support the program and has identified available grant funds for this purpose.

The City of Foster City has indicated they do not wish to continue participating. To this end, the County has proposed a new agreement to directly reimburse the City of San Mateo for all costs associated with the per diem clinician position.

The cost of providing services for the remainder of the fiscal year is estimated at $55,000. The scope of services under the new agreement will remain consistent with the prior agreement, with the clinician continuing to provide various services for at risk residents. The County plans to reimburse the City using Justice Assistance Grant funding which must be expended by the end of the current fiscal year. Therefore, the term of the new agreement will conclude June 30, 2026. It is City policy that intergovernmental agreements be approved by the City Council.

BUDGET IMPACT:

There is no net cost to the City for this agreement. The County will reimburse the City for costs incurred through June 30, 2026.

ENVIRONMENTAL DETERMINATION:

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CITY OF SAN MATEO
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This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Agreement

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600

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AGREEMENT BETWEEN

THE CITY OF SAN MATEO AND

THE COUNTY OF SAN MATEO FOR THE PROVISION OF

COMMUNITY WELLNESS CRISIS RESPONSE TEAM (CWCRT)

UNDER JUSTICE ASSISTANCE GRANT (JAG)
This Agreement between the City of San Mateo and the County of San Mateo (hereinafter referred to as the “Agreement”) is made and entered into on this ______ day of ________, 2025 (the “Effective Date”) by and between the County of San Mateo (“County”) and the City of San Mateo (“City”). City and County are collectively referred to herein as the “Parties”.

The purpose of this Agreement is to set forth the terms between the County of San Mateo, acting through the Behavioral Health and Recovery Services (BHRS), and the City, to expand the pilot program of Community Wellness and Crisis Response Team (CWCRT) Program under the Justice Assistance Grant (JAG) to improve City and County response to community members experiencing mental health crisis.

The Parties agree to the following:

1. Attachments
Attachment I - HIPAA Requirements
Attachment II – County Driving Policy & Safe Driver Program Attachment III – County’s JAG Contract Agreement with BSCC (all terms and expectations of the State’s Agreement apply to this Agreement as a ‘sub-contract’ to JAG Agreement)

2. Background Information
On January 12, 2020, the San Mateo County Board of Supervisors adopted Resolution No. R077937 which approved the CWCRT Pilot Program, a partnership among four City Police Departments (Daly City, South San Francisco, San Mateo, and Redwood City) and the County, to embed in each of those cities' police departments one mental health clinician to provide a crisis co-response to crisis calls involving mental health issues. The County provided the mental health clinicians for the CWCRTs via a contract provider agency, StarVista, for the pilot period, December 2021 through June 2024.

The CWCRT enhances City and County responses to incidents involving individuals experiencing mental health crises, by supplementing that response with the engagement of a mental health clinician assigned to work with each partner police department. The CWCRT clinician assists in the first response by providing early intervention, crisis de-escalation, 5150 evaluation, involuntary hold and referrals to therapeutic hospitalizations, and follow-up case management linkages to support services for individuals in mental health crises. BHRS provides ongoing clinical training opportunities, consultation, oversight on the crisis response work, technical and infrastructure support, and contract monitoring responsibilities.

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This Agreement will cover FY25/26 of the CWCRT Program at San Mateo Police Department with the City directly employing one unlicensed under clinical supervision, or licensed mental health clinician to provide the first response mental health crisis services as described above. This Agreement will address the roles and responsibilities between the City and the County.

3. Purpose or Scope of Work
The City enters into this Agreement with the County to enhance its response to community members in mental health crises. In the event of a suspected mental health crisis within t h e San Mateo community, once informed, the City mental health clinician will respond to the scene together with the city law enforcement officer(s), exercising their independent judgment and expertise while in collaboration with the officer. The goal of the immediate co-response will be to de-escalate the crisis and to support the safety of the individual in crisis, those around the individual, and all responding to the incident. The mental health clinician will then assess the person suspected to be in mental health crisis ("the client"), determine the best course of action (e.g., temporary mandatory placement in a medical facility for psychiatric evaluation and treatment under Section 5150 of the Welfare and Institutions Code, referral for treatment, etc.) and provide needed follow-up support and linkages to further stabilize the crisis and prevent future similar crises from happening.

Another goal of the CWCRT program is that clients in mental health crisis contacting and interacting with law enforcement receive early intervention and guidance toward appropriate behavioral health services, i.e., mental health and substance use supports. The mental health clinician who has been trained in the range of available behavioral health resources both within BHRS and in the community, in collaboration with the law enforcement/mental health clinician response teams will decide on the best course of action and/or resources or program for the client.

The County derives direct benefit from the implementation of this Agreement, by way of, for example, increasing its ability to directly respond to community members in mental health crisis; providing Medi-Cal reimbursable services; enhancing response time for those in need of behavioral health services and resources; and creating a broader and more effective continuum of care that results in a decrease in justice system contacts.

To achieve a healthy and integrated community, this Agreement represents a partnership between the City and the County to jointly exercise their common powers to enhance community linkages and help stabilize and improve the health and well- being of persons experiencing mental health crises. Important outcomes include, but are not limited to, residential stability, improved mental health and connection to needed services and treatment, reduced use of acute and emergency services, and reduced contact with the criminal justice system.

4. Relationship of the Parties
The Parties acknowledge and agree that the services performed under this Agreement

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by the mental health clinician shall be conducted by a license eligible professional registered in California who is employed by the City. The California license-eligible clinician will be a qualified behavioral health professional under regular weekly clinical supervision of another California-licensed clinical professional (e.g. licensed social worker, licensed marriage and family therapist, licensed psychologist), competent of appropriate and sound clinical judgment and decision-making in interacting with behavioral health clients, their family members, and community.

The City shall provide the administrative oversight of the mental health clinician and their employment with the City. The scope of work for the City mental health clinician will reflect the required scope of work stated in the JAG Agreement that the County has with the State (see below Section 5 and Attachment III, incorporated by reference herein). The mental health clinician is part of the City's workforce providing services under the specific terms of this Agreement with the County, and at no time shall be deemed an employee of the County.

5. Mutual Responsibilities of the Parties

5.1 The Parties agree to adopt and modify, as needed, policies and procedures that have been developed during the Pilot phase of the CWCRT Program regarding, but not limited to, scope of work, necessary training, client grievance process, documentation requirement, and handling and disposition of data generated by the mental health clinician. The policies and procedures will reflect the Parties' mutual understanding that the City mental health professional who exercises independent clinical judgment and expertise in the performance of their scope of work, complying with all of the County's requirements related to crisis mental health services, applicable laws and ethics, follow-up clinical support to stabilize CWCRT clients, required documentation and reporting procedures, record storage and releases, ethics and professional conduct expected of a mental health clinician as governed by their License Board, applicable Welfare & Institution Codes including but not limited to HIPAA policies, State Medi-Cal requirements related to mental health and crisis response service delivery, and BHRS Documentation Guidelines.

5.2 The Parties will participate, as needed, in efforts to obtain and analyze data to document the effectiveness of the Program in reaching the anticipated goals and objectives listed under Section 7 of this Agreement and as required by the JAG Grant, while protecting and respecting individuals' confidentiality and privacy rights per HIPAA requirements.

5.3 The Parties will participate in all the collaborative trainings when appropriate and follow the developed program strategies and protocol of the response team, in a manner that respects the dignity and diversity of community members.

6. Responsibilities of the City

6.1 The City shall be responsible for the following:
• Hire anappropriate clinician for the Program and hold all applicable

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administrative oversight of the work of the San Mateo CWCRT clinician. • Ensure the mental health clinician receives weekly clinical supervision from a California licensed professional.
• Ensure the mental health clinician documents, maintains, and reports client level data as requested by BHRS.
• Ensure the Associate license of the mental health clinician possesses and maintains a valid associated license to engage in the practice of crisis and therapeutic services in the State of California (ASW, or AMFT). • Ensure the mental health clinician adheres to and delivers all tasks and responsibilities listed in Section 6.2 of this Agreement. • Ensure the mental health clinician passes the required BHRS certification test to become 5150-certified and takes all required training to keep up with laws and ethics related to provision of crisis services whenever requested of them.
• Participate in meetings with BHRS for progress status, data collection, outcomes evaluation, coordination, and program development. • Timely bring to the attention of the County if/when issues or concerns related to the legal, ethical, and clinical practices of the clinician emerge.

6.2 The City shall ensure that their mental health clinician complies with all of the County's requirements related to crisis mental health services, applicable laws and ethics, and the required documentation and reporting procedures under the BHRS Documentation Guidelines. The clinician's duties include, but are not limited to the following:

A. Perform initial diagnostic evaluation during a crisis, noting behavioral symptoms which may indicate organic and/or mental disorders in children, youth, or adults.

B. Determine whether individuals meet criteria for placement on a W&I 5150 or W&I 5585 hold and follow appropriate procedures.

C. Perform suicidal/homicidal/Grave Disability risk assessments.

D. Provide Crisis Intervention and Crisis De-escalation.

E. Determine other resources appropriate to connect individuals to needed services or treatment.

F. Provide follow -up counseling, engagement support and case management linkage to refer clients to appropriate resources within BHRS or in the community.

G. Work closely with different communities including, but not limited to, law enforcement, behavioral health providers, outpatient clinics, and BHRS-contracted agencies to provide quality crisis care.

H. Conduct home visits and/or field -based services, for crisis response and follow-up stabilization support.

I. Participate in monthly San Mateo County Field Crisis Consultation Committee (FCCC) meetings.

J. Collect and evaluate medical or psychosocial data such as case histories, behavior patterns and family relationships of patients/clients as requested.

K. Work as a psychiatric team member with other treatment disciplines or

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treatment providers of BHRS or BHRS -contracted agencies, for purpose of crisis safety planning and/or prevention of recidivism.

L. Utilize Trauma Informed Care and other Evidence-based practices.

M. Provide consultation and education services to law enforcement colleagues, family members, and the community, as indicated.

N. Document all crisis response, crisis-related engagement, follow-up services, and related administrative tasks in Avatar which is the electronic health record system (EHR) of BHRS, and the Crisis Log spreadsheet.

O. Obtain insurance information from their crisis clients and enter/upload such information into Avatar for care coordination and billing purposes.

P. As a HIPAA protected record, 5150 applications completed by the clinician shall be uploaded onto Avatar timely and be incorporated as a part of the client's clinical record.

Q. Adhere to HIPAA Requirements (Attachment I) and the County Driving Policy and the Safe Driver Program (Attachment II), as well as coordinate with BHRS and/or Department of Public Works regularly for maintenance needs of the provided county vehicle.

7. Responsibilities of the County

7.1 BHRS shall be responsible for the following:
• Ensure needed 5150 certification training ; BHRS and community mental health/substance use services and resources training; clinical and technical consult; periodic training related to crisis response, crisis de-escalation, crisis assessment, 5150 involuntary hold, and laws and ethics, arranged for or provided to the City mental health clinician.
• Provide the City mental health clinician with County laptop and needed applications and technical support to address related technical issues as they may arise in the use and maintenance of this equipment. • Provide Avatar electronic health record log-in for the purpose of client look up and documentation of billable and nonbillable mental health services. • Provide County car and coordinate regular maintenance needs with Department of Public Works and the City.
• Hold meetings with the City mental health clinician and/or the City for purposes of contract monitoring, quality assurance, clinical consult, and clinical adherence.

8. Goals of the CWCRT Program

8.1 Goals of the CWCRT Program are:

Goal 1: Law enforcement staff and the mental health clinician will respond together to active crisis situations in San Mateo where mental health crisis is a factor.

Goal 2: Improve outcomes for individuals experiencing a crisis due to mental illness or suspected mental illness.

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Goal 3: Increase access to appropriate behavioral health resources, services, and treatment within the County behavioral health system of care.

Goal 4: Increase knowledge of mental health conditions and effective intervention strategies among law enforcement personnel.

Goal 5: Law enforcement will strengthen relationships with service providers and community.

9. Special Terms and Conditions

9.1 Coordination and Oversight
The assigned BHRS Clinical Services Manager will be responsible for the oversight of this Agreement, the implementation and accomplishment of the JAG Grant deliverables, and will communicate with the City regularly on an ongoing basis for coordination of the JAG activities and enlisting of needed data for Grant’s reporting purpose.

The Chief of the San Mateo Police Department, or their designee, will participate in the bi-annual meeting of the County’s JAG Steering Committee to monitor the progress of the JAG implementation and review any operational issues that have arisen.

The Chief of the San Mateo City Police Department, or their designee, will be responsible for the smooth operations of the CWCRT Program at San Mateo, oversight of the clinician employed by the City, monitoring the progress towards the CWCRT Program’s objectives, reviewing any operational issues that have arisen, and identifying items for JAG-required activities as needed.

9.2 Conflict Resolution
In the event of disagreements or conflicts between the Parties to this Agreement, the disagreement or conflict will be addressed and resolved during the regular contract monitoring meeting between BHRS and the City. In the event that consultation at that level does not resolve the disagreement or conflict, then the Chief of Police or their designee, BHRS Clinical Services Manager, and BHRS' Deputy Director of Adult and Older Adult Services shall meet and confer and attempt to resolve the matter. Finally, in the event the disagreement or conflict remains, the BHRS Director (or designee) and the Chief of Police shall meet and confer.

9.3 Records and Confidentiality

Records created by the City mental health clinician under the CWCRT program and maintained in the County system (including the Avatar) shall be considered the County's records, free from the control and direction of the City. Such records will be subject to all federal, state, and local laws and regulations regarding the protection of client/patient privacy and confidentiality.

Records created by the City mental health clinician under the direction of the City and maintained by the City in a City-owned database shall be considered the

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City's records, free from the control and direction of the County.

The Parties agree that the City mental health clinician must adhere to the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). BHRS will train the clinician on federal, state, and local policies and procedures with respect to the confidentiality and use or disclosure of protected health information of clients as necessary and appropriate for the clinician to carry out their functions. BHRS will provide the clinician with the appropriate Health System policies and procedures, which are subject to change from time to time.

The County reserves the right to take appropriate action for violation of its policies, and such action may include the immediate termination of this Agreement with the City or strong recommendation of the immediate termination of the contract with the specific clinician who violates Federal, State, or local law and policy.

BHRS shall maintain beneficiary medical and/or clinical records for a period of ten (10) years, except that the records of the persons under age eighteen (18) at the time of treatment shall be maintained: a) until one (1) year beyond the person's eighteenth (18th) birthday; or b) for a period of ten (10) years beyond the date of discharge, whichever is later. This rule does not supersede professional standards (BHRS is allowed to maintain records for a longer period if required by other regulations or licenses).

10. Hold Harmless and Indemnification

10.1 The County shall defend, hold harmless, and indemnify the City from and against any and all claims, suits, or actions of every name, kind, and description which result from the acts or omissions of the County's representatives for services provided under this Agreement.

10.2 The City shall defend, save harmless, and indemnify the County and its employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description which result from the acts or omissions of the City and/or its respective mental health clinicians, officers, employees, agents, contractors, subcontractors, and servants.

10.3 The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

In the event of concurrent negligence (or intentional/reckless acts) of the City and/or its respective officers and employees, on the one hand, and the County and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this Agreement shall be apportioned according to the California theory of comparative fault.

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11. Term and Termination

11.1 Term
This Agreement shall be effective immediately upon signature by each of the Parties (or, on August 22, 2025, if City mental health clinician starts working sooner). The term of the Agreement shall end on June 30, 2026.

11.2 Amendment/Modification Process
All subsequent modifications or amendments to this Agreement shall be in writing and signed by each of the Parties hereto before they will be effective.

11.3 Termination
Subject to the Parties’ understanding as to the term of the Agreement, detailed in Section 11.1, each Party agrees to remain a party to this Agreement for the entire duration of the Agreement term, subject only to termination for cause.

Early termination of this Agreement will require the pre-approval of the State and the BSCC. Request for early termination shall be only due to a material breach of this Agreement by another Party or impossibility of performance. Should a party wish to terminate early due to material breach, it is required to give the other Party 30 days written notice of the alleged material breach and notice of an opportunity to cure such breach during the notice period. If the party is unable to cure within 30 days, the Agreement may be terminated pending the approval of the State and BSCC.

12. Funding/Financial Responsibilities

12.1 Personnel Costs
100% of the personnel cost for the City mental health clinician will be covered by the 2022 awarded JAG Grant for the entire Term of this Agreement listed in Section 11.1.

The total budget for this Agreement is estimated at $55,000 which includes the hourly rate of pay for the Agreement duration, the clinician’s malpractice insurance, and needed equipment for the clinician to provide CWCRT services purchased by the San Mateo PD.

Category Rate Duration (Hrs.

Months)
Total Cost
Clinician Hourly
Rate
$53.39 per hour 960 hrs
(approx. 21
hrs/week x 46
weeks)
$51,255
*Supervised
experience required
for therapist licensure
$100 per
session
(1 session/week,
apprx. 12 weeks)
$1,200

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Insurance/Business
License
$275 One time cost $275
Equipment
(Cell Phone)
$42 per month 10 months $420
Other
Miscellaneous
Actual Costs 8/18/2025 –
6/30/2026
$1,850
TOTAL $55,000
*Unlicensed clinician will require supervision until successfully completing licensing exam, which is anticipated in the Fall of 2025.

12.2 Auto, Equipment, and Maintenance Costs
The costs for the County car and county laptop with all required applications and software licenses needed for the clinical documentation by the City mental health clinician are 100% covered by BHRS.

12.3Exhaustion of 2022 Awarded Justice Assistance Grant (JAG) Upon exhaustion of the 2022 Awarded JAG funding for services under this Agreement, or for the term of the County’s JAG Agreement ending on June 30, 2026, the County shall bear no financial responsibility for the CWCRT Program at the City. Should the City wish to continue the CWCRT Program beyond the JAG Funding availability, it will be at no cost to the County.

The Parties agree to meet in the projected last quarter of the JAG funding availability, April ~ June 2026, with all JAG Cities (San Bruno, East Palo Alto, Menlo Park, Belmont, San Mateo) to address the handling of termination of the CWCRT Program, and/or the continuance of the Program beyond the Agreement term.

13. Contact Information
The following is contact information of the persons responsible from each party for the completion and maintenance of this Agreement:

13.1 Party A (BHRS) Information
Name: Jei Africa
Address: 2000 Alameda de las Pulgas, San Mateo, CA 94403 Contact number: 650-573-2748
Email: [email protected]

13.2 City of San Mateo

Name: Ed Barberini, Chief of Police
Address: 200 Franklin Parkway, San Mateo, CA 94403
Contact number: 650-522-7600
Email: [email protected]

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This Agreement shall be effective upon the signature of all parties’ authorized officials. All Parties indicate agreement with this Agreement by their signatures.

Signatures and dates:

_________________________________________________________ Jei Africa
Director, Behavioral Health & Recovery Services (BHRS)

Date

Ed Barberini, Chief of Police
City of San Mateo

Date

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Attachment 1
Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements

DEFINITIONS

Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified.

a. Business Associate. "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor.
b. Covered Entity. "Covered entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103, and in reference to the party to this agreement shall mean County.
c. HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d. Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501.
e. Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity. f. Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g).
g. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h. Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 160.103 and is limited to the information created or received by Business Associate from or on behalf of County.
i. Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.103.
j. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee.
k. Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to be a breach, unless it can be demonstrated there is a low

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probability that the PHI has been compromised based upon, at minimum, a four -part risk assessment:

1. Nature and extent of PHI included, identifiers and likelihood of re-identification;

2. Identity of the unauthorized person or to whom impermissible disclosure was made;

3. Whether PHI was actually viewed or only the opportunity to do so existed;

4. The extent to which the risk has been mitigated.

I. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C.
m. Unsecured PHI. "Unsecured PHI" is protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an information system. "Security Incident" includes all incidents that constitute breaches of unsecured protected health information.

OBLIGATIONS AND ACTIVITIES OF CONTRACTOR AS BUSINESS ASSOCIATE

a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses and disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity.
e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to County any use or disclosure of Protected Health Information not authorized by this Agreement.
g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information.
h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524.

Issued by County of San Mateo Contract Compliance Committee~ December 9, 2015 Page 2

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i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County.
j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule.
k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.

I. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.
m. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County.
n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information.
o. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI.
p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law. As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law.

PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS ASSOCIATE

Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County.

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OBLIGATIONS OF COUNTY

a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522.

PERMISSIBLE REQUESTS BY COUNTY

County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate.

DUTIES UPON TERMINATION OF AGREEMENT

a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. b. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information.

MISCELLANEOUS

a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required.
b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191.

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c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement . d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule.
e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate.

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ATTACHMENT II

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2020 JAG Federal Award Conditions
The Grantee hereby assures and certifies compliance with all f ederal 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.

L
imited 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 r
ecipient that relate to conduct during the period of performance.

Fai
lure 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 sus pend
or
terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

A
ny 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).

S
hould 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.

Attachment III

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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 Requi rements 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 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.

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 provi sion 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 se t 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

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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 Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 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 approp riate) 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)

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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) and (2).

Questions about E-Verify should be directed to DHS. For more information about E -Verify visit the E- Verify website (https ://www.e-verify.gov/) or email E -Verify at E [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

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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

This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post - award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

13. Unreasonable restrictions on competition under the award; association with federal government

SCOPE. This co ndition 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

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 obligat ions related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct - Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to 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 o f 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 Grant s 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 performanc e 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 ti er, 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.)

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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),

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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 prohi bit 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 otherw ise 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 employ ee'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

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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 const ituent 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 o ther 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 f unded 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 activit ies 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 progr am 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 t o 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 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.

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 ballistic - resistant and stab- resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this aw ard 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

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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 cost s 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 Adjustme nt 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 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 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

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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 r ecipient 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-

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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.

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.

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

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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 suc cessfully 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.

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 understa nds 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 requir ements 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. Shoul d 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 beneficiari es and prospective program beneficiaries

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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.

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, mu st 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 (incl uding 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

14. Determination of suitability to interact with participating minors

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.

15. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ

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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

17. Encouragement of policies to ban text messaging while driving

Pursuant to Executive O rder 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--

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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.

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 conditio n 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

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 p rocess 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.

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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.

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

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--

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--

(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

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

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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25. Restrictions on "lobbying"

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

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applies to Indian tribes and tribal organizations.

27. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000

This condition applies to agreements that -- for purposes of federal gr ants 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 pos t- award 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 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/ProhibitedConduct - Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

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

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

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33. Required monitoring of subawards

34. Use of program income

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 c onform 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

37. Compliance with 28 C.F.R. Part 23

38. Protection of human research subjects

The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

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39. Confidentiality of data

22.23. 40. Law enforcement task forces - required training

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 Ci vil 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

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;

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;

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.

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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

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

49. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2020

The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance

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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 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. 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 B ackground 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

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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 ballistic - resistant and stab- resistant body armor purc hases. 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

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 "SA M"), to the designated federal integrity and performance system (currently, "FAPIIS").

56. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated Aug. 2017)

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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," properly - executed (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.

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.

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.

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3. Requirement to report actual or imminent breach of personally identifiable information (PII)

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/training- guiding-principles-grantees-and-subgrantees.

5. Required training for Grant Award Administrator and Financial Manager

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.

6. Effect of failure to address audit issues

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7. Requirements of the award; remedies for non-compliance or for materially false statements

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

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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

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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

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

15. Determination of suitability to interact with participating minors

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

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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

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--

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.

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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

4. Rules of construction

A. Staff involved in the hiring process

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.

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-v erify.gov/) or email E-Verify at [email protected]. E-Verify

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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.

1. In accepting this award, the recipient--

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--

(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 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.

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25. Restrictions on "lobbying"

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 post- award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

27. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)

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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/ProhibitedConduct- Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

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

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

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$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

33. Use of program income

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

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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

37. Protection of human research subjects

The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

38. Confidentiality of data

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.

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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

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

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(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.

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.

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

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.)

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

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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".

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 ballistic- resistant 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, ballistic- resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor

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

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include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post- deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

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

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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.

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San Mateo County
BSCC 1215-23

Page 59 of 59 ends

Rev 10/2022

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.

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BSCC Powered by Submittable

Title County of San Mateo
by Connie Juarez-Diroll in Edward Byrne Memorial Justice Assistance Grant Program Application
[email protected]
12/02/2022
id. 34217785

Original Submission 12/02/2022

The Edward Byrne Memorial Justice Assistance (JAG) Grant Program Application is divided into four sections as identified below: Background Information Contact Information Proposal Narrative and Budget Mandatory Attachments Each section has a series of questions that require a response. Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses. Applicants will not be able to submit the JAG Grant Program Application until all questions with a red asterisk have been completed. Applicants may reference the JAG Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the Grant Program Application. The JAG Instruction Packet is available on the BSCC website at: http://www.bscc.ca.gov/s_bsccjag/. NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.

SECTION I - BACKGROUND

INFORMATION
This section requests information about the project name and location, federal identification, funding requested, and an overview of the project.

Name of Applicant County of San Mateo

Applicant's Physical Address 2000 Alameda De Las Pulgas Ste. 280
San Mateo
CA
94403
US
Applicant's Mailing Address
(If different than physical
address)
n/a

Mailing Address for Payment 2000 Alameda De Las Pulgas
Ste. 280
San Mateo
CA
94403
US

Tax Identification Number 94-6000532
Federal Employer ID 94-6000532
Unique Entity Identifier (UEI) MFFRTNKE5KP7
Grant Funds Requested 3067989.0
Lead Public Agency County of San Mateo

Multi-County Partnerships n/a
Multi-County Partnerships n/a
Multi-County Partnerships n/a
Project Title Community Wellness and Crisis Response Team Program Purpose Areas
(PPA)

Law Enforcement Programs
(PPA 1)
Prosecution and Court
Programs (PPA 2)
Prevention and Education
Programs (PPA 3)
Drug Treatment and
Enforcement Programs (PPA
5)
Applicants are required to apply for the Program Purpose Areas (PPA) and Priority Areas of Need identified in the JAG Instruction Packet (Page 5). A total of five PPAs are identified: PPA 1: Law enforcement programs PPA 2:

Prosecution and court programs PPA 3: Prevention and education programs PPA 5: Drug treatment and enforcement programs PPA 8: Mental health programs and related law enforcement and corrections programs Applicants are required to address a minimum of one Program Purpose Area and one corresponding Priority Area of Need. Applicants are not required to address each PPA or Priority Area of Need. n/a
n/a
n/a
n/a

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Mental Health Programs and
Related Law Enforcement
and Corrections Programs
(PPA 8)
Crisis intervention teams
Co-responder initiatives (law enforcement and mental health clinicians working together to respond to calls for service involving a person experiencing a behavioral health crisis)

Proposal Summary San Mateo County proposes to expand its Community Wellness and Crisis Response Team initiative to improve public safety and mental health by creating cross-sector collaboration and coordination among law enforcement and mental health services agencies throughout the county. First launched in 2021 as a pilot, the co-response program establishes the presence of a full-time mental health clinician within city police agencies, to be dispatched on 911 calls with a known or suspected mental health component. For the expanded project, we are working with the East Palo Alto, Menlo Park and San Bruno police departments, and clinical partners BHRS and StarVista.

SECTION II - CONTACT

INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Signature.

Project Director Shirley
Chu
Project Director's Title with Clinical Services Manager II, Behavioral Health and Recovery Services Agency/Department/Organization
Project Director's Physical
Address

Project Director's Email
Address
Project Director's Phone
Number
1950 Alameda De Las Pulgas
San Mateo
CA
94403
US
[email protected]

+16504215181

Financial Officer Janet
Gard
Financial Officer's Title with Deputy Di rector, FInance & Administratiion, Behavioral Health and Recovery Services Agency/Department/Organization
Financial Officer's Physical
Address

Financial Officer's Email
Address
Financial Officer's Phone
Number
Day-To-Day Program
Contact
Day-To-Day Program
Contact's Title with
2000 Alameda De Las
Pulgas San Mateo
CA
94403
US
[email protected]

+16502071961

Shirley
Chu
Cliinical Services Manager II, Behavioral Health and Recovery Services Agency/Department/Organization
Day-To-Day Program
Contact's Physical Address

Day-To-Day Program
Contact's Email Address
Day-To-Day Program
Contact's Phone Number
1950 Alameda De Las Pulgas
San Mateo
CA
94403
US
[email protected]

+16504215181

Day-To-Day Fiscal Contact Juilien Ling

Day-To-Day Fiscal Contact's
Title with
Accountant II, Behavioral Health and Recovery Services
Agency/Department/Organization
Day-To-Day Fiscal Contact's
Physical Address

Day-To-Day Fiscal Contact's
Email Address
2000 Alameda De Las
Pulgas San Mateo
CA
94403
US
[email protected]

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Day-To-Day Fiscal Contact's
Phone Number
650-573-2378

Name of Authorized Officer* Jei Africa

Authorized Officer's Title with Director of Behavioral Health and Recovery Services, San Mateo County Agency/Department/Organization
Authorized Officer's Physical
Address

Authorized Officer's Email
Address
Authorized Officer's Phone
Number
Authorized Officer
Assurances

SECTION III - PROPOSAL

NARRATIVE AND BUDGET
Proposal Narrative
Instructions
1950 Alameda de Las Pulgas
San Mateo
CA
94403
US
[email protected]

+16505732541

checked

This section requests responses to the Rating Factors identified in the the JAG Instruction Packet.

The Proposal Narrative must address the Project Need, Project Description, Collaboration, Capability and Qualifications, and Project Evaluation and Monitoring Rating Factors as described in the JAG Instruction Packet (Pages 21-24). When responding, clearly identify each Rating Factor section that is being addressed (i.e. Project Need, Project Description, etc.). The Proposal Narrative may not exceed 33,556 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately 15 pages in Arial 12-point font with one-inch margins on all four sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit is met. If the limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit". Applicants will be prohibited from submit the JAG Grant Program Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section, however as a guide, the percent of total point value for each section is provided in the JAG Instruction Packet (Page 21).

Proposal Narrative Section 1: Project Need

1.1 Need(s) addressed. San Mateo County (SMC) proposes to expand our Community Wellness and Crisis Response Team (CWCRT) pilot initiative to address the need for co-response teams composed of police officers and mental health clinicians. We know that residents in crisis typically call 911, and that police, fire, or medical personnel are dispatched in response–all of whom lack clinical mental health expertise. Further, the county’s mental health services to support those experiencing crises (SMC Assessment and Referral Team, Psychiatric Emergency Response Team, and affiliated programs at school), go largely underutilized during emergencies.

Moreover, we learned via the pilot that only 8% of police request mental health support in responding to a crisis, and officers request clinicians for non-medical calls about only 1% of the time—yet 20% of all non-medical calls involved a mental health emergency (e.g., mental distress, suicide, trauma) (Sources: City of San Mateo, Policing Data Transparency, 2022; Police records, CWCRT pilot cities).

When clinicians are not dispatched or present onsite, 911 calls can lead to deadly confrontations between police officers and those in crisis. Prior to our CWCRT pilot, there were a number of cases throughout the county that resulted in fatal police encounters with unarmed individuals struggling with mental health issues. These individuals were tased and later died. Our expanded program will serve as a mental health tool to avoid such tragedies. As one SMC Supervisor observed, “people suffering from a mental illness are often dealing with serious conditions by the time they have a run-in with the cops, leading to altercations that can result in serious injury or even deaths. Some of the incidents have been heartbreaking. The pilot is a response to that; I just thought there must be something we can do better" (Source: The Almanac, 2021).

In 2021, SMC launched the CWCRT program in direct response to community demands for “better outcomes” in situations where law enforcement comes into contact with individuals in crisis. Recognizing the importance of the role of the first responder in affecting positive outcomes, and knowing that most people call 911 during emergencies, the solution was clear: create a first-responder model that teamed police officers with clinicians, and dispatch both to the scene. Once onsite, the clinicians can de-escalate the crisis, and add empathic engagement (using trauma-informed techniques), clinical assessment, and follow-up resources to support clients and families —and divert a deadly encounter and mitigate criminal justice involvement.

For the pilot, currently in year two of a two-year program, we selected the county’s four largest cities as demonstration sites: Daly City, Redwood City, San Mateo and South San Francisco. We partnered with county Behavioral Health and Recovery Services (BHRS), which contracted with StarVista, a health services nonprofit, to develop the co-response model and staff city police agencies with full-time mental health clinicians. Long-term, the goal was not only to achieve better outcomes, but reduce recidivism, increase utilization of resources, empower clients to proactively self-advocate, and close the trust gap between law enforcement and communities.

SMC now proposes to continue to improve public safety and mental health by deepening the cross-sector collaboration and coordination begun with our pilot among law enforcement and mental health agencies in handling responses to emergency calls and mental health crises to achieve better outcomes. This strategy is directly aligned with JAG purpose area Mental Health and Related Law Enforcement Programs and corresponding priority areas: 1) establish crisis intervention teams; 2) establish a co-responder initiative, and 3) provide general mental health services to mitigate crises.

1.2 Service gaps. For the 2021-22 pilot, city selection was based on population size (the four largest cities) with

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the assumption they would also have the highest volume of mental health calls—and this was true in all but one case. For the 2023-2026 CWCRT project, we are targeting the next three high-need cities based on the number of logged mental health-related 911 calls. In the 11-month January-November 2022 period, the cities with the largest number of mental health calls (apart from pilot sites) were: East Palo Alto (197), Menlo Park (180), and San Bruno (199).

1.3 Racial/ethnic disparities. In SMC, black residents are three times more likely to be arrested than white residents (Source: Public Policy Institute of California). And yet, black residents make up only 2.8% of the county overall population, while white residents represent 58%, followed by Asian (32%) and Hispanic (24%). SMC is second in arrest rate racial disparities only to San Francisco among all California counties.

While instances of abuse and violent crime have been trending downward in the county since 2020: 226.3 per 100K (CA DOJ, 2022), perceptions about community safety have not changed and most residents still rate neighborhood safety as fair or poor (SMC Health & Quality of Life Survey, 2020). Our county’s number one impact goal remains the reduction of crime and increased life expectancy (Shared Vision 2025); likewise, our top priorities are to address: 1) violence and abuse, 2) mental health; and, at their intersection, 3) racial and ethnic disparities.

1.4 Relevant local data. Findings from the CWCRT pilot evaluation (year 1) provide preliminary data to understand and contextualize the need in SMC for such a program. The evaluation was designed and conducted by Stanford University’s Gardner Center. Based on data collected via official police records and documents, interviews, and observations:

Quantitative
- 121,065 of the 911 calls in the four pilot cities were non-medical - 20% of non-medical calls involved mental distress, suicide, or other mental issue - 12% of 911 call responses involved a law-enforcement-officer-initiated request for clinician dispatch; this tapered off to 7%-2% (depending on the city) as the program progressed

Qualitative
- The co-response model is working as designed: officers are taking the lead in securing public safety, clinicians are taking the lead on assessing individuals in crisis and recommending an appropriate response; together they determine the most appropriate response to resolve immediate and long-term crisis. - Clinicians are providing much-welcomed support and assistance to police officers.

Officers are reporting feelings less strained as a result of clinician partnerships.

Community members are reaching out to the clinicians directly or walking into police departments and requesting to see them individually.

Citation: CWCRT Pilot Program: September 2022 Interim Report

Findings suggest: 1) a need to team clinicians with law enforcement to respond to 911 calls; 2) a need to encourage and increase law enforcement requests for clinicians; 3) an increasing demand by residents for clinical response to 911 calls; and 4) the co-response model is working.

1.5 Justification. The proposed project fits hand-in-glove with JAG’s Mental Health and Related Law Enforcement Programs, and corresponding priority areas. Moreover, there is ample evidence to suggest our intervention will work, including our own pilot study, now in its second year. Research findings reveal that co-response teams: de- escalate crises; make service connections; reduce the burden to both the criminal justice and healthcare systems; and are cost effective. In fact, the cost savings are significant, with a cost decrease in both hospitalizations and incarcerations. Estimated cost savings nationally is about $350,000 per year per co- responder, based on an average of 60 in-person contacts per month (Source: The Pros and Cons of Co- responder Programs, 2021). There are also significant benefits to the community and individuals: individuals in crisis report feeling less threatened and stigmatized in interactions with co-responder teams than interactions with law enforcement alone (Maximizing Benefits of Behavioral Health in Co-responder Programs, 2020). Additionally, serious mental illness causes $193.2 billion dollars in lost earnings each year nationally, or an average of $16,302 fewer earnings per person (National Alliance on Mental Illness). Finally, JAG funds would support the expansion of an evidence-based program that is both replicable and scalable, will add to the evidentiary research, and aid the achievement of SMC priorities and goals.

Section 2: Project Description

2.1 Description. Goals & Objectives: SMC is proposing to expand our CWCRT pilot program. The goal is to improve public safety and mental health by creating cross-sector collaboration and coordination among law enforcement and health and human services agencies throughout the county.

First launched in 2021 as a pilot, CWCRT establishes the presence of a mental health clinician within city police agencies. Each department collaborates with a full-time clinician, who is dispatched on 911 calls with a known or suspected mental health component. This results in the combined expertise and resources of law enforcement and mental health professionals so the public can be served effectively and efficiently, and outcomes improved.

For this grant, SMC will partner with three cities, East Palo Alto, Menlo Park and San Bruno, and our pilot clinical partners, BHRS and StarVista, to implement new co-response teams.

Measurable objectives. Short-term outcomes: Reduce the use of deadly force, number of arrests, 5150 holds, criminal offenses and case-to-incident ratios. Long-term outcomes: Reduce criminal justice involvement, police bias and recidivism, and improve the experience of those receiving emergency services.

Services/interventions: There are four core components to the program: 1) Dispatch: a co-response team is dispatched to 911 calls with a known or suspected mental health crisis; 2) Co-Response: the team de-escalates the crisis, assesses clients for risks, provides appropriate interventions, and guides to appropriate health services; 3) Continuum of Care: clinicians follow-up with clients to connect them to Behavioral Health and Recovery Services or other community resources; and 4) PD: training is provided by SMC BHRS and StarVista consultants to build co-response team capacity.

Length/Duration: Clinicians will be partnered with agencies M-F, 10 am to 6 pm.

Project needs are addressed by implementing a program that directly responds to the needs of 911 callers who are experiencing mental health crises – by creating a co-response team of police officers and clinicians who will

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work together to manage and de-escalate crises with the goal of reducing negative outcomes.

Intent of JAG is addressed by aligning with Mental Health And Related Law Enforcement Programs, and 1) establishing crisis intervention teams, 2) establishing a co-responder initiative, and 3) providing mental health services to mitigate crises.

Disparities are addressed by: dispatching clinicians on emergency calls to ensure crises are de-escalated; improving law enforcement and mental health collaborations in response to mental health crises; optimizing responses to individuals experiencing crises, especially people of color; and reducing strain on emergency services and systems. We anticipate that cross-sector collaborations will mitigate bias-related responses, and reduce the use of deadly force, the number of arrests, 5150 holds, and involvement with the criminal justice system and recidivism.

Trauma-informed care is inherently incorporated in our project design by dispatching mental health clinicians to emergency calls. Clinicians are guided by the principles of trauma-informed care by being mindful of clients’ unique life experiences and need for safety, choice, individual empowerment, and self-advocacy. All services will be delivered with consideration for race, religion, gender, sexual orientation, and SES status.

2.2 Target population are individuals of any gender, age, race, and offense history, who reside in one of the three participating cities and call 911. The cities were selected based on their volume of mental health-related calls. All residents who call 911 for a non-medical emergency are eligible for participation. Below are the cities’ demographics and crime statistics (Sources: US Census, respective PDs). - East Palo Alto: population: 28,847: 35.2% White; 12% Black; 6% Asian; 60.6% Hispanic. In 2021-22, there were 38,189 calls for service; of these,197 were mental health related. There were 4,588 offenses; the largest was theft at 1,356; among violent crimes there were 29 assaults, 5 rapes, and 0 homicides. - Menlo Park: population: 32,475: 65.4% White; 4.3% Black; 15.2% Asian; 15.8% Hispanic. In 2021-22, there were 20,000 calls for service; of these, 180 were mental health related. There were 903 crimes in all, including 584 larcenies, 73 domestic violence incidents, 16 assaults, 6 rapes, 6 officer assaults, and 0 homicides. - San Bruno: population: 42,275: 42.1% White; .8% Black; 31.2% Asian; 30% Hispanic. There were 199 mental- health-related calls. The overall rate is 2,748 (per 100K residents); rates for high volume and violent crimes are:
1,620 for larceny, 442 for assault, 19, rape, and 2.1 for murder.

The plan to serve participants (city residents in crisis) is directly tied to our goals to improve public safety and mental health. To do this, we will deepen cross-sector collaboration and coordination among law enforcement and health and human services. Mental health clinicians will be dispatched on non-medical emergency calls, so they can administer mental health and/or social services to callers in need, and in the process de-escalate crises, and reduce the use of deadly force, arrests, 5150 holds, racial-ethnic bias, involvement with the criminal justice system, and recidivism.

The strategy for sustained engagement involves a Continuum of Care. This is one of the project’s core components, and ensures that mental health clinicians follow up with recipients to connect them to resources through our partner, BHRS and Psychiatric Emergency Services, to strengthen the coordination of care and reduce reliance on 911 as a primary mental health resource. Dispatched clinicians will also create safety plans and conduct 5150 evaluations and holds, or clinical analysis of participants to determine appropriate services. Pilot findings also show that clinicians are taking steps to foster a more holistic approach to public safety by developing relationships with people with mental health problems and serving as advocates who connect them to needed services.

2.3. Supporting evidence. There is ample research on co-responder programs to classify our intervention as evidence-based, and to suggest it will be beneficial; and that outcomes achieved by other co-responder programs support our proposed model. Recent research indicates that co-responder programs are effective, that successful ones do make an impact on individuals in crisis; and further, that the role of mental health co- responders in police departments is vital to program success. Our intervention has been pilot tested, implemented as intended, and rigorously evaluated by an independent evaluator.

1. Crisis de-escalation: Available evidence suggests co-responder programs may be effective in crisis de- escalation. Blais and colleagues (2020) found calls for service that involved the team were associated with fewer incidents of police use of force: used in only 4.2% of incidents with the co-responder team compared to 12.1% of similar incidents handled by regular patrol units.

2. Service connection: Research examining the effects of co-responder programs provide evidence that they facilitate connections to services (Dyer et al., 2015; Helfgott et al., 2016; Huppert & Griffiths, 2018; Lee et al., 2015; Morabito et al., 2018).

3. Reduced pressure on criminal justice system (CJS): Evidence suggests co-responder teams alleviate pressure on the CJS often produced by police-only responses to mental health calls for service; and these teams may have the capacity to reduce formal interventions by police officers (e.g., arrests, 5150 holds, involuntary mental health detentions), preventing the introduction of individuals in crisis into the criminal justice system. And, co-responder programs are identified as beneficial because they more efficiently use police resources and reduce time spent by first responding officers in management crises (Shapiro et al., 2015).

4. Reduced pressure on healthcare system: Co-responder teams are observed to enhance conversion rates from referrals to hospital admission by identifying individuals with the greatest need of hospital services (Dyer et al., 2015; Jenkins, 2017). As a result, co-responder programs are viewed as capable of diminishing the burden on healthcare systems by limiting unnecessary referrals to ERs, while ensuring levels of care remain accessible to individuals who need it the most (Fahim et al., 2016).

5. Cost effectiveness: Findings from initial studies suggest promising financial benefits produced from co- responder team programs. Although the specific costs associated with a program are contingent upon the effectiveness of the team, both average and annual costs for behavioral health crisis responses are less for co- responder teams when compared to traditional police responses (Allen Consulting Group, 2012; Baess, 2005; Dyer et al., 2015; Fitts & Robertson, 2017; Heslin et al., 2016; Scott, 2000).

Citation: Assessing the Impact of Co-Responder Team Programs: A Review of the Research, IACP/UC Center for Police Research & Policy, 2021.

The target population includes residents of partner cities who call 911 for behavioral health issues. CWCRT was created specifically to better serve this population, and is appropriate, because about 20% of the county’s non- medical calls involve a mental health component, and a co-response team model is successful in de-escalating

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mental health and other crises, making mental health service connections and referrals, and easing the burden on the healthcare and criminal justice systems.

Each city police partner collaborates with one full-time clinician who is dispatched on police calls with a known or suspected mental health component. This results in the mobilization of expertise and resources of both law enforcement and mental health professionals to effectively and efficiently serve those in crisis, and improve both mental health and law enforcement outcomes.

Section 3: Collaboration

3.1 Local JAG Committee Roster and Letter of Agreement. See Appendices E, F.

3.2 Process to identify. SMC first established a Local JAG Steering Committee for our 2015 JAG program, SWAG.

At that time, we conducted an extensive executive search to identify and recruit local government officials, both appointed and elected, and traditional and non-traditional stakeholders who had extensive experience with the populations we serve, and with one or more of the industries relevant to our program. At the start of the CWCRT pilot in 2021, we built on this process to establish an Advisory Council. This serves as our Local JAG Steering Committee.

3.3 Full & balanced representation. The Council is represented by both traditional and non-traditional stakeholders, and includes: local leaders (e.g., Board of Supervisors) and city managers; those who bring expertise in criminal justice (e.g., Police Chiefs from participating police departments) and behavioral health (e.g., BHRS Director); as well as partners from educational research institutions (i.e., Gardner) and community -based nonprofit youth and family services providers (i.e., StarVista) who work closely with and understand the diverse needs of the participating communities. Clinical and nonprofit members bring extensive experience working with community members who are experiencing mental health crises, and providing mental health interventions and services, especially within the context of the criminal justice system. The County has involved members of the community in our planning process, and are committed to recruiting additional non-traditional members to join the Council.

3.4 Participation & voting rights. All members take part in the Council decision-making process with equal voting rights. The Council meets quarterly and has well-established protocols for oversight and communication. We schedule meeting dates, times, and locations to maximum participation, and members are permitted to vote virtually if unable to attend in person.

3.5 Identifying need. The Council has worked to develop the goals and program design for the CWCRT in direct response to the needs of the community. The local leaders and service providers are those who worked with residents who identified this need for intervention with mental health crises and de-escalation with law enforcement. With the County’s initial funding for the CWCRT pilot in 2021, these leaders, providers, and residents have been closely involved in guiding the development and implementation of this successful project.

This process was enhanced by 2021 pilot evaluation findings. The Council identified three additional cities based on their high volume of mental health-related calls.

3.6 Collaboration will include quarterly meetings and ongoing communication across members and their representative agencies. SMC is also committed to building on our large network of partners to ensure the proposed program is an inclusive and collaborative initiative that will continue to receive support and input from the community. Ongoing communication and collaboration will aid continuity.

3.7 Role is largely one of oversight. The Council will meet quarterly throughout the project period to review progress reports, provide feedback, strategize, address challenges, and ensure accountability, transparency, ongoing evaluation, CQI, data dissemination, and the fulfillment of grant requirements.

Section 4: Capability and Qualifications

4.1 Applicant ability. SMC has a long and demonstrated history of success implementing grant-funded projects.

This is especially true of those funded by JAG. If awarded, this will be SMC’s third JAG program. The first, funded in 2015, was refunded in 2019. For the 2022 grant cycle, we proposed to expand a promising pilot program, CWCRT, that already has the partnerships and infrastructure in place to make it a success. We are confident in our ability to not only implement the proposed project, but to scale it countywide, add to emergency response research, and advance public knowledge and understanding.

4.2 Partners. The project has two types of partners as follows.

Law Enforcement Partners: consist of the East Palo Alto, Menlo Park, and San Bruno police agencies. They were selected as high-risk cities, and will serve as project sites for the implementation of the co-response team model.

Each agency will be assigned one full-time clinician; the clinician will team with police officers and be dispatched to 911 calls with a known or suspected mental health component. Representatives from each agency will serve on the Advisory Council, and participate in the evaluation.

Mental Health Partners: consist of Behavioral Health and Recovery Services (BHRS) and StarVista. BHRS is a county agency and will provide mental health resources, including integrated and culturally sensitive services and training for the prevention, intervention, and treatment of mental illness and substance abuse. StarVista is a SMC- based nonprofit youth and family services organization contracted by BHRS to provide onsite clinical services and deliver high-impact crisis de-escalation, evaluation, 5150 assessment, and short term case management services. They will also provide clinician training on a wide range of topics customized for co-response teams and led by a consultant from Experience Design, Facilitation and Coaching. Both BHRS and StarVista are current pilot partners, and as such will be invaluable in helping SMC continue to refine and implement our co-response model and optimize outcomes. They are represented on the Advisory Council, and will participate in the evaluation.

4.3 Partner experience. Clinical partners are part of the pilot program, and initially selected for the pilot due to their extensive clinical expertise. BHRS is a division of SMC and has designed our co-response model, and provided integrated and culturally sensitive prevention, intervention and treatment of mental illness and substance abuse since its inception. StarVista has 55 years of experience serving 40,000 SMC residents in crises annually, and has provided clinical expertise. SMC has worked with both partners for many years, and along with the Advisory Council, determined they are the best fit for the project. Both partners will also provide training: BHRS, professional development for co-response teams to optimize outcomes; and StarVista, basic training (e.g., DEI, cultural competency) for clinical staff. Partner cities were selected for the prevalence and type of annual 911 calls:

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East Palo Alto (197 calls), Menlo Park (180), and San Bruno (199); and their commitment to the project.

4.4 Project staffing Will include 8 staff members from SMC BHRS and StarVista:
1) Project Director: existing SMC BHRS position (in-kind @.20 FTE): provides high-level oversight, monitors and evaluates project effectiveness, ensures all project deliverables are achieved, and standards of quality care are maintained.
2) Sr. Management Analyst: to-be-hired SMC BHRS position (@ .35 FTE); to provide administrative/analytic support; and maintain administrative, fiscal, and grant records. 3) Department Director: existing StarVista position (in-kind @ .10 FTE); provides high-level administrative, fiscal and personnel oversight and decision-making.
4) Program Manager: existing StarVista position (in-kind @.5 FTE), provides daily operational oversight, and training for clinicians and law enforcement agencies.
5) Program Coordinator: open StarVista position (@ 1.0 FTE); to provide operational and administrative support; responsible for the day-to-day activities, including implementing the co-response model, achieving goals, addressing challenges, etc.
6-8) Clinicians (3): existing StarVista positions (@ 1.0 FTE); one for each of the three participating cities; responsible for: teaming with police officers and dispatching to 911 calls with a known or suspected mental health crisis; de-escalating crises, assessing clients for risks, providing appropriate interventions; and providing follow- up to connect clients to BHRS or other resources.

4.5. Staff qualifications. 1) Project Director: LCSW; 30 years of clinical expertise; develops and implements programs for Crisis & Psychiatric Response Teams.
2) Senior Management Analyst: open: will possess a combination of education, training and experience that will support the implementation of the project.
3) Department Director: Ph.D.; 20 years experience, including as a Regional Clinical Specialist and Administrator; directs regional clinical care and multi-site resources. 4) Program Manager:existing; LCSW; 24 years of social work and clinical experience; pilot clinician; works with law enforcement on crisis intervention and co-response teams. 5) Program Coordinator: open: minimum qualifications: combination of experience and education; degree in counseling, psychology, social work or related field.
6-8) 3 Clinicians: possess advanced degrees and licenses (e.g., LCSW); have between 9 and 24 years of clinical and research experience; and are multilingual.

4.6 Management structure can be described as a top-down collaboration: SMC BHRS’s Project Director oversees the entire project and provides in-kind, high-level administrative and fiscal decision-making. The Sr. Management Analyst reports to the Project Director. BHRS contracts with StarVista for clinical support services. StarVista’s Department Director consults with the Project Director to coordinate clinical services, and oversees the day to day operations of the clinicians. Both positions serve on the Advisory Council, which provides program-level decision-making, and ensures accountability, transparency, CQI, and ensures fulfillment of grant requirements, etc. The Program Manager, Program Coordinator and Clinicians are all StarVista positions, and report to the Department Director. The Program Coordinator and the Clinicians report to the Program Manager.

4.7. Applicant Readiness. SMC has successfully piloted the proposed project since 2021. The pilot runs through December 2023. The County remains committed to using pilot evaluation findings to improve and expand our program, and continue to strengthen our partnerships, further emergency response research, and advance public knowledge and understanding.

Section 5: Project Evaluation & Monitoring

5.1. Evaluator. SMC engaged John W. Gardner Center for Youth and their Communities (Gardner), as evaluator of our CWCRT pilot program in 2021. Gardner was established in 2000 at Stanford, and is part of its Graduate School of Education. They partner with communities, researchers, and practitioners to conduct rigorous research, support evidence-based practices. SMC and the Advisory Council selected Gardner as part of a rigorous bidding process and county affiliations. We plan to contract them for this project. In 2021, Gardner, in collaboration with our CWCRT Advisory Council, designed a formative evaluation. The goal was to identify factors affecting successful implementation, understand key outcomes, and identify opportunities for improvement.

The 2022 CWCRT project evaluation will be both formative (process) and summative (outcomes), and incorporate all phases, from startup through close. The formative evaluation will delineate project activities and accomplishments by examining project design and implementation, professional development, collaborations and coordination, interventions and treatment, and the continuum of care. The summative evaluation will examine project impact by quantifying increases in co-response dispatches, officer time on the scene, de-escalations, follow-up and referrals; and the reduction of deadly force, arrests, emergency hold rates, recidivism, police bias, etc.

5.2. Process & outcome indicators. For this CWCRT project, we will implement a mixed-methods evaluation that is both formative and summative, and aligned with project goals and anticipated outcomes. Data collection methods will entail both quantitative and qualitative, and primary and secondary sources. Primary sources may include surveys, interviews, and site visits. Secondary sources may entail record and document review (e.g., police records, clinician records, minutes of meetings, clinician case notes, etc.), and relevant needs assessments and research studies. We plan to use a systems model to examine key indicators: context (process), implementation (process) and impact (outcome). Process indicators involve the type and scope of services, and entail program design (co-response model), implementation, service delivery, leadership and staffing, partnerships and collaboration, city/precinct demographics/characteristics, PD/training curriculum, etc.

Outcome indicators involve immediate and sustained effects, and entail changes in knowledge, attitudes and behaviors. We anticipate these will include: increases in police requests for clinicians to be dispatch to non- medical 911 calls; and increases in the dispatch of clinicians to non-medical 911 calls, and as a result, increases in the de-escalation of crises, a continuum of care, follow and referrals. We also anticipate a change in police behavior, and as result, the reduced use of deadly force, number of arrests, 5150 holds, recidivism, police bias, and involvement with the criminal justice system on the part of those in crisis, among others.

5.3. Data collection, evaluation, DUA. Baseline data for project processes and outcomes indicators identified in 5.2 are currently being collected as part of the pilot project, and. entail the number and type of incident and officer time on the scene; outcomes data consisted of arrest rates and referral rates. Pilot data collection methods are interviews, observation, and record/document review (meeting minutes, video recordings, police administrative records, program-related materials). For this project, we may also add surveys, clinical case notes, 911 call

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logs/records, etc.

We anticipate the short-term outcomes to be a reduction in the use of deadly force, arrests, criminal offenses, case-to-incident ratios; and conversely, improved law enforcement and mental health collaborations in response to mental health crises, optimized responses to individuals experiencing crises, and reduced the strain on emergency services and response systems. We anticipate long-term outcomes will entail a reduction in involvement with the criminal justice system and recidivism, reduced bias and improved the experience of individuals receiving emergency services.

SMC has a data use agreement (DUA) with Gardner, the independent evaluator, and our partners to ensure project data is used responsibly as it relates to privacy, confidentiality, data collection, maintenance, retention, and informational harms.

Budget Instructions Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission the Budget Attachment will become Section 6: Proposal Budget (Budget Tables & Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Table and Budget Narrative. The grant budget must cover the entire grant period. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website at http://www.bscc.ca.gov/s_bsccjag/.

JAG Budget Attachment
2022-JAG-Budget-Attachment.xlsx

SECTION IV - MANDATORY

ATTACHMENTS

This section list the attachments that are required at the time of submission. Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds (Appendix C) Project Work Plan (Appendix D) JAG Steering Committee Roster (Appendix E) Letter of Agreement or Operational Agreement (Appendix F and G) Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix K)

Criteria for Non-Governmental Organizations Receiving Grant Funds (Appendix C) Appendix_C_NGO_Agreement.pdf

Project Work Plan (Appendix D)
2022_JAG_Project-Work-Plan.docx

JAG Steering Committee Roster (Appendix E)
Appendix-E-JAG-Steering-Committee-Roster.docx

Letter of Agreement (Appendix F)
Appendix_F_LOAs.pdf

Sample Operational Agreement (Appendix G)
Appendix_G_Operational_Agreement.pdf

Certification of Compliance with BSCC Polices On Debarment, Fraud, Theft, and Embezzlement (Appendix K) Appendix_K_Certification.pdf

OPTIONAL: Governing Board n/a
Resolution

OPTIONAL: Bibliography Center for Police Research & Policy. (2021). Assessing the Impact of Co-Responder Team Programs: A Review of the Research.

City of San Mateo (2022). Policing Data Transparency, City of San Mateo, California.

County of San Mateo. (2016). Community Health Needs Assessment. Health & Quality of Life in San Mateo County.

County of San Mateo. (2022). Shared Vision: Our shared vision for 2025 is for a healthy and safe, prosperous, livable, environmentally conscious, and collaborative community.

Forestieri, K. (2021). San Mateo County plans to pair cops with mental health workers to help those in crisis. The Almanac. www.almanacnews.com/news/2021/01/25/san-mateo-county-plans-to-pair-cops-with-mental-health- workers-to-help-those-in-crisis
Hollander, Y., Lee, S. J., Tahtalian, S., Young, D., & Kulkarni, J. (2012). Challenges relating to the interface between crisis mental health clinicians and police when engaging with people with a mental illness. Psychiatry, Psychology and Law, 19(3), 402–411.

John W. Gardner Center for Youth and their Communities (2022). Community Wellness and Crisis Response Team Interim Report. Stanford University. (San Mateo County’s pilot program first year report) Julota. (2021). The pros and cons of co-responder programs. www.julota.com/news/the-pros-cons-of-a-co- responder-
program/#:~:text=However%2C%20in%20the%20long%20term%2C%20the%20savings%20are,an%20average%20of person%20contacts%20per%20month.

Krider, A. et al. (2020). Responding to Individuals In Behavioral Health Crisis Via Co-Responder Models: Roles of Cities, Counties, Law Enforcement and Providers. Policy Research Institute. www.theiacp.org/sites/default/files/SJCResponding%20to%20Individuals.pdf Medical Group Management Association. (2020). Better Together: Maximizing benefits of behavioral health in co- responder programs. www.mgma.com/MGMACustom/Error500.aspx? aspxerrorpath=/CMSPages/PortalTemplate.aspx
National Alliance on Mental Illness. (2020). Mental Health By the Numbers. www.nami.org/mhstats United States Census Quick Facts (2020). San Mateo County, California.

CONFIDENTIALITY NOTICE: All documents submitted as a part of the Edward Byrne Memorial Justice Assistance Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)

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San Mateo City CouncilSeptember 2, 2025

San Mateo City Council
September 2, 2025