CITY OF SAN MATEO
City Council Regular Meeting
October 20, 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:
October 20,2025
To join via telephone: (408) 638-0968
Webinar ID: 856 9195 5687 Passcode: 935959
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 10/27: Item 8 – Attachment 1 updated
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. The Livin’ Project – Proclamation
2. San Mateo Daily Journal 25
Anniversary – Proclamation
3. SMU Home Maintenance Awards – Recognition
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.
4. City Council Meeting Minutes – Approval
Approve the minutes of the special and regular meetings of the City Council on October 6, 2025. Approve the minutes of the City Council special meeting of October 2, 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).)
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5. San Mateo Police Officers’ Association Memorandum of Understanding — Amendment Adopt a Resolution to amend the San Mateo Police Officers’ Association (SMPOA) Memorandum of Understanding (MOU) to include a side letter of agreement outlining guidelines for mandatory training for which Police Officers receive Police Earned Worked Saved (PEWS) hours.
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. Animal Control Amendments — Ordinance Adoption
Adopt an Ordinance to amend San Mateo Municipal Code Chapter 8.02 "Animal Control" and adding Chapter
8.34 “Animal Fanciers Permit” to maintain enforceability and alignment with San Mateo County's Animal Control Ordinance.
CEQA: This Ordinance adoption 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.)
7. Byrne State Crisis Intervention Grant Award and Backfill CSO Position – Approval and Budget Appropriation Adopt a Resolution to accept grant funds in the amount of $224,131 from the California Board of State and Community Corrections, Byrne State Crisis Intervention Program (Byrne SCIP); authorize the Chief of Police to execute the grant agreement with the Board of State and Community Corrections and all other necessary grant documents; authorize the addition of 1.00 Full-Time Equivalent Community Service Officer position for the duration of the grant period; and appropriate $82,000 to the Police Department’s fiscal year 2025-26 budget.
CEQA: This action 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.)/span>
8. 365 2nd Avenue — Lease Amendment
Approve the Assignment and Fourth Amendment to the lease between the City and Genius Learning and Dennis Tong, dba Beard Papa’s, for the City-owned property at 365 2nd Avenue, to assign the lease to KIZUNA US, LLC and Thai Ho; authorize an increase in the security deposit to $3,000; and authorize the City Manager to execute the amendment in substantially the form presented.
CEQA: This lease amendment is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)
9. Personal Computer Replacements — Adoption
Adopt a Resolution approving an alternative purchasing procedure for a Master Purchasing Agreement with Lenovo Inc. for the purchase of 54 personal computers in an amount not-to-exceed $92,700.37; establish a contingency reserve in the amount of $13,905.10, for a total amount of $106,605.47; and authorize the Director of Information Technology to execute the agreement in substantially the form presented.
CEQA: This Council action is exempt from CEQA, because it can be seen with certainty that there is no possibility the purchase of personal replacement computers may have a significant effect on the environment. (CEQA Guidelines Section15061(b)(3).)
10. Mapping Software — Enterprise Agreement
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Adopt a Resolution to approve an alternative purchasing procedure and approve an Enterprise Agreement (EA) with Environmental Systems Research Institute, Inc. (ESRI) for a three-year renewal of software subscription, cloud hosting, and technical support in the amount of $268,200; and authorize the City Manager to execute the agreement in substantially the form presented.
CEQA: Approval of an Enterprise Agreement with ESRI is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that an agreement for software services may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
11. Clean Water Program, Program Management Services – Amendment Approve Amendment No. 11 to the agreement with CH2M Hill Engineers, Inc. to authorize scope and funding for program management services for the Clean Water Program; authorize payment in an amount not to exceed $5,461,527; establish a contingency amount of $2,424,500; and authorize the Public Works Director to execute this amendment and task amendments within the contingency amount in substantially the form presented.
CEQA: Council approval of the amendment to the Agreement between the City and CH2M is exempt from CEQA review because entering into a professional services agreement amendment for continued program management can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment. (CEQA Guidelines section 15061(b)(3).) In addition, the City prepared a Final Programmatic Environmental Impact Report (Final PEIR) for the Clean Water Program in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). Council on June 6, 2016, certified the PEIR. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for the implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2).
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.
NEW BUSINESS
12. 2025 Triennial Building Code Update — Ordinance Introduction Adopt a Resolution to set forth express findings that amendments to the 2025 Building Standards Codes are reasonably necessary based on local climatic, topographical, or geological conditions; and, introduce an Ordinance to amend San Mateo Municipal Code Chapter 23 “Buildings and Construction” to adopt the 2025 Building Standards Code by reference with local amendments; amend various sections of San Mateo Municipal Code Title 23 “Buildings and Construction”; update procedural language and revise miscellaneous sections; add Chapter 23.29 “Wildland-Urban Interface Code”.
CEQA: This introduction of an ordinance adopting by reference the 2025 Building Standard Codes with local amendments 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))
13. Establish the Civic Arts Committee as a Standing Commission – Ordinance Introduction Introduce an Ordinance to amend the San Mateo Municipal Code to add Chapter 2.22 and amend Chapter 23.60 to change the “Civic Arts Committee” to the “Civic Arts Commission,” establish its powers and duties, implement term limits and update the appointment process to align with other City boards and commissions.
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CEQA: This Ordinance introduction 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.
CLOSED SESSION
The public will have an opportunity to comment before the Council’s consideration of this item. Following the meeting a report of action from Closed Session will be provided if required.
14. Total Compensation Survey Methodology Meet and Confer Update — Various Bargaining Units
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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2025
OUTSTANDING HOME
MAINTENANCE
AWARDS
Congratulations to all our
Winners!!
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Central Neighborhood Association
611 S 9th Avenue
Joann Kleinman
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Sugarloaf Homeowners
Association
3509 Broadview Court
Eleanor & Emile Nurisso
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Baywood Neighborhood Association
471 Parrott Drive
Chris and Kate Jaffe
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Beresford Hillsdale
Neighborhood Association
Hacienda St
Vanna & Jason
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CITY OF SAN MATEO
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4 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: 2018 - 25-10532 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 20, 2025
SUBJECT:
City Council Meeting Minutes – Approval
RECOMMENDATION:
Approve the minutes of the special and regular meetings of the City Council on October 6, 2025. Approve the minutes of the City Council special meeting of October 2, 2025.
BUDGET IMPACT:
There is no budgetary impact associated with this administrative item.
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 2025-10-06 Special
Att 2 – Minutes 2025-10-06 Regular
Att 3 – Minutes 2025-10-02 Special
STAFF CONTACT
Chantal Eaton, Deputy City Clerk
[email protected]
(650) 522-7044
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City Council Special Meeting Minutes – 10/6/2025 Page 1 6 1
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COUNCIL MEMBERS
Rob 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
October 6, 2025
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:31 p.m.
Roll Call
Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, Cwirko-Godycki and Diaz Nash (joined remotely).
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 5:33 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 (Claim of Myers & Sons Construction, LLC)
2.Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Two cases
3.Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Section 54956.9) Cant v. City of San Mateo et al. (U.S. Dist. Court Case No. 3:25-cv-02473-CRB
4.Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One case Council reconvened at 6:23 p.m.
STUDY SESSION
5.San Mateo Area Chamber of Commerce: 2025-26 Work Plan — Presentation Christina Horrisberger, Assistant City Manager and Erica Wood, San Mateo Area Chamber of Commerce gave the presentation.
Public Comment:
Pauline Cheung expressed support for the Chamber, highlighting its community connections and growing membership. Rhony Lyn Antonio praised the Chamber’s advocacy efforts and its impact despite a small team.
Mackenzie Jakoubek supported the Chamber’s collaborative work with local partners and its benefit to small businesses. Ilya Frangos spoke in favor of the Chamber’s role in connecting and uplifting local businesses.
Council asked questions, made comments and provided feedback on several aspects of the Work Plan and the City's contribution to the Chamber's work. Council members supported continuing Lead Forward for one more
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year with evaluation next year. Council directed the Chamber to take steps to improve new business outreach, track business closures, identify top employers, and align programs with core Chamber goals. Council praised the Chamber's data-driven approach, transparency, and effort to drive business engagement.
ADJOURNMENT –The meeting adjourned at 7:11 p.m.
APPROVED BY: SUBMITTED BY:
Rob Newsom, Jr., Mayor Chantal Eaton, Deputy City Clerk
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City Council Regular Meeting Minutes – 10/06/2025 Page 1 6 1
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COUNCIL MEMBERS
Rob 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
October 06, 2025
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:16 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, Cwirko-Godycki, Diaz Nash (joined remotely).
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.
CEREMONIAL
1.Breast Cancer Awareness Month - Proclamation
Ed Barberini, Chief of Police received the proclamation.
2.Fire Prevention Week – Proclamation
Matt Turturici, Fire Chief and Carisa Workman, Fire Marshal, from San Mateo Consolidated Fire Department gave a presentation and received the proclamation.
3.San Mateo County Mosquito and Vector Control District - Presentation Brian Weber, District Manager of San Mateo County Mosquito and Vector Control District gave a presentation.
CONSENT CALENDAR
The Council approved the Consent Calendar (Items 4–15) on a 5–0 vote with no public speakers. Councilmember Danielle abstained from voting on Item 13 due to a conflict of interest.
Moved: Cwirko-Godycki, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, Diaz Nash Noes: None
Abstention: Cwirko-Godycki on Item 13 due to a conflict of interest
4.City Council Meeting Minutes – Approval
Approve the minutes of the special and regular meetings of the City Council on September 15, 2025.
5.City Council 2026 Regular Meeting Calendar — Adoption Adopt the City Council Regular Meeting schedule for the calendar year 2026 and, pursuant to Charter Section 2.10, authorize relocating the January 12 and January 26, 2026, Regular City Council Meetings to the Main Library.
6.Participation in National Opioid Settlement Agreement — Approval
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Approve the City’s participation in a no-cost opioid settlement agreement with Mylan and authorize the City Attorney to execute documents confirming the City’s participation and electing to have the settlement funds be provided directly to the City of San Mateo.
7.Sycamore Tree Pruning – Agreement
Approve an agreement with West Coast Tree Service, Inc. for sycamore tree pruning in the amount of $120,756; authorize a 10% contingency of $12,075, for a total amount not to exceed $132,831; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
8. Public Works Facilities Program Manager – Professional Services Agreement Approve an agreement with ArcPath Project Delivery, Inc. to provide professional program management services to the Public Works Facilities division from Fiscal Year 2025-26 through Fiscal Year 2027-28 in the amount of $300,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the agreement amount.
9. Wastewater Treatment Plant Upgrade and Expansion Project – Approval Approve an increase to the contingency reserve to the construction agreement with Sundt Construction, Inc. for the Wastewater Treatment Plant Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project in the amount of $773,702, for a total contingency amount of $61,193,702; and authorize the Public Works Director to issue change orders within the contingency amount.
10. Application for Rubberized Pavement Grant Program – Approval Adopt a Resolution authorizing submittal of a grant application for the California Department of Resource Recycling (CalRecycle) and Recovery Rubberized Pavement Grant Program and designating the Public Works Director, or his/her designee, as the authorized signatory for a five-year term to sign the grant documents, including the grant agreement.
Enactment: Resolution No. 92 (2025)
11. Peninsula Corridor Multimodal Complete Streets Project — Grant Application Adopt a Resolution approving the submittal of a grant application for $1,125,000, with a local match in the amount of $245,000, to the San Mateo County Transportation Authority (SMCTA) for Highway Program Grant Funding for the Peninsula Avenue Multi-Modal Corridor Study; and authorize the City Manager to take any other actions necessary to receive grant funds including executing a supplemental agreement or amendment to the Primary Grant Agreement with the SMCTA and the City of Burlingame relating to funding for the project.
Enactment: Resolution No. 93 (2025)
12. Peninsula Avenue and North Delaware Street Intersection Modification Project — Agreement Approve an agreement with Sandis, Inc. for the Peninsula Avenue and North Delaware Street Intersection Modification Project in the amount of $167,940; establish a contingency reserve in the amount of $17,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the approved contingency amount.
13. 19th Avenue/Fashion Island Boulevard Multimodal Improvements Project – Grant Application Adopt a Resolution to approve the submittal of a grant application for $16,357,217 to the San Mateo County Transportation Authority for the Highway Program Grant for the 19th Avenue/Fashion Island Boulevard Multimodal Improvement Project.
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Enactment: Resolution No. 94 (2025)
14.Wastewater Treatment Plant Immediate Action Projects, Package II — Appropriation Adopt a Resolution to authorize an appropriation in the amount of $600,000 from the Sewer Fund reserves to the Wastewater Treatment Plant Immediate Action Projects, Package II in the Capital Project Fund.
Enactment: Resolution No. 95 (2025)
15. 4th and Railroad Parking Lot, Bespoke Development — Amendment Adopt a Resolution to approve Amendment No. 3 to the agreement with DTSM Housing LLC for exclusive negotiations related to the public-private partnership development project, commonly known as Bespoke, located partially on City- owned property at 4th and Railroad, for an extension of six (6) months from October 14, 2025, to April 14, 2026 with an option for the City Manager, at their discretion, to extend the ENA for an additional three (3) months for an expiration date no later than July 14, 2026; review the updated schedule of performance; and authorize the City Manager to execute this amendment.
Enactment: Resolution No. 96 (2025)
END OF CONSENT CALENDAR
PUBLIC COMMENT
Carlos Cruz requested a reassessment of his denied handicapped parking space in front of his home. Mike Swire urged the City to enforce laws against reserving street parking with cones and suggested exploring residential parking programs and overnight lot use as more efficient alternatives to costly changes.
Staff will follow up with Carlos through Public Works to reassess his request for a handicapped parking space.
NEW BUSINESS
16. Animal Control Amendments — Ordinance Introduction
Glen Teixeira, Lieutenant from San Mateo Police Department gave the presentation.
Public Comment:
Seema Patel suggested the City clarify its rules and permitting process regarding wildlife hunting.
Council asked questions and made comments.
Motion to introduce an Ordinance amending San Mateo Municipal Code Chapter 8.02 "Animal Control" and adding Chapter 8.34 “Animal Fanciers Permit” to maintain enforceability and alignment with San Mateo County's Animal Control Ordinance. Motion passed 5-0.
Moved: Cwirko-Godycki, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
OLD BUSINESS
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17.Gas Leaf Blower Prohibition — Update
Andrea Chow, Sustainability Analyst gave the presentation.
Public Comment:
Carol Wilhelmy urged the community to support the transition away from gas-powered landscape equipment as a shared effort to improve health and the environment. Peter Stiles advocated for an immediate and total ban on gas blowers due to their pollution, noise, and climate impact. Seema Patel supports the ban but voiced concerns about enforcement and who to hold responsible. Mike Swire urges quick action, highlights health and noise issues, and calls for effective enforcement.
Council directed staff to develop an ordinance prohibiting gas-powered leaf blowers, beginning enforcement nine months after adoption with the option for enforcement to apply to property owners, business owners, and leaf blower operators. Staff was directed to bring back leaf blower hours of operation alternatives with different hours of operation in different zoning districts. The Council was in favor of reviewing the Ordinance after two years of implementation for potential adjustments and emphasized the need for strong engagement and messaging to the community about the new regulations. A draft Ordinance will be brought forward for Council review at a future meeting.
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 agreed on a proposed joint letter with Foster City supporting local school districts in adopting an e-bike safety training program. Council also provided updates on Peninsula Clean Energy’s strategic plan, local clean energy and park electrification projects, and national recognition of the city’s wastewater treatment plant.
ADJOURNMENT –The meeting adjourned at 9:17 p.m.
APPROVED BY: SUBMITTED BY:
Rob Newsom, Jr., Mayor Chantal Eaton, Deputy City Clerk
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COUNCIL MEMBERS
Rob 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
October 2, 2025
City Hall – Conference Room C 6:30 PM
Special Meeting
CALL TO ORDER at 6:30 p.m.
Roll Call
Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, Cwirko-Godycki, and Diaz Nash 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 6:32 p.m. to consider:
1.Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: one case By a unanimous vote, the City Council has authorized intervening in a litigation matter. The lawsuit, the defendants and other particulars shall, once formally commenced, be disclosed to any person upon inquiry.
ADJOURNMENT –The meeting adjourned at 8:00 p.m.
APPROVED BY: SUBMITTED BY:
Rob Newsom, Jr., Mayor Chantal Eaton, Deputy City Clerk
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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: 5 Section Name: CONSENT CALENDAR Account Number: 10-2313 File ID: 25-10491 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: October 20, 2025
SUBJECT:
San Mateo Police Officers’ Association Memorandum of Understanding — Amendment RECOMMENDATION:
Adopt a Resolution to amend the San Mateo Police Officers’ Association (SMPOA) Memorandum of Understanding (MOU) to include a side letter of agreement outlining guidelines for mandatory training for which Police Officers receive Police Earned Worked Saved (PEWS) hours.
BACKGROUND:
The Police Department and the SMPOA finalized the meet-and-confer process to formalize guidelines regarding the PEWS hours and mandatory training. Police Officers are paid for 80 hours per pay period (2,080 hours/year). Under the rotating 4/11 work schedule, Police Officers work 2,002 hours per year (thirteen 88-hour pay periods and thirteen 66-hour pay periods). As a result of this gap, Police Officers assigned to a 4/11 work schedule will receive PEWS hours and be required to work an additional 78 hours per year designated as mandatory training, including 58 hours of essential training and 20 hours of department essential work.
The PEWS guidelines clearly outline roles, responsibilities, and requirements regarding training and essential work duties.
BUDGET IMPACT:
The recommended amendments for the San Mateo Police Officers’ Association (SMPOA) Memorandum of Understanding (MOU) have no fiscal impact.
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.
ATTACHMENTS
Att 1 - Proposed Resolution
Exhibit A – Side Letter of Agreement
STAFF CONTACT
Aracelia Esparza, Director of Human Resources
[email protected]
(650) 522-7260
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)
A
PPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MATEO AND THE SAN MATEO POLICE OFFICERS’ ASSOCIATION WH
EREAS, the San Mateo Police Officers’ Association (SMPOA) and the City have negotiated changes to the Memorandum of Understanding (MOU) for the Association; and W
HEREAS, the amendments are related to guidelines for mandatory training for which Police Officers receive Police Earned Worked Saved (PEWS) hours; and
W
HEREAS, the parties have met and conferred, and have signed a Side Letter of Agreement to amend the SMPOA MOU; and
N
OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. Th
is 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. Th
e amendments to the Memorandum of Understanding for the SMPOA, set forth in the Side Letter of Agreement attached as Exhibit A, are approved and summarized as follows:
• Police Officers assigned to a 4/11 work schedule will receive PEWS hours and be required to work an additional 78 hours per year designated as mandatory training.
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Side Letter of Agreement
Between
City of San Mateo
And
San Mateo Police Officer Association (“SMPOA”)
Police Earned Worked Saved Hours
Purpose and Background
The purpose of the following guidelines is to establish consistency and accountability for mandatory training for which employees receive Police Earned Worked Saved (PEWS) Hours (78 hours). This encompasses a total of four (4) designated training days per patrol team, 18 hours of online training, and 20 hours of essential duties. Training days are designated as workdays and blackout dates for vacation requests or day off requests. Training days will be identified after a comprehensive review of various factors, including holidays, vacation trends, school calendars, and department schedules.
Officers are paid for 80 hours per pay period (2,080 hours/year). Under the rotating 4/11 schedule, they work 2,002 hours per year, which is thirteen 88 hour pay periods, and thirteen 66 hour pay periods. Because of this gap, the 4/11 schedule requires officers to work an additional 78 hours per year. To account for this, it has been agreed that officers working the 4/11-hour schedule will owe 3 PEWS hours per pay period.
Training
Training will include:
• Three 10-hour training days per team (total of 30 hours) • One 10-hour range training days per team (total of 10 hours) • 18 hours of mandatory online training per officer
• 20 hours of departmental essential work duties
Patrol PEWS Hours
For officers working a 4 Day / 11-hour schedule, the 78-hour PEWS requirements will be in effect.
Completion of the above-mentioned training will account for a total of 58 training hours. All training days will be pre-loaded as workdays into Intime by the Field Operations Administrative Lieutenant.
Any non-attendance or missed training hours will result in the deduction of the total missed hours from leave balances of the officers that missed any portion of the training day. The deductions will occur in the pay period in which training day occurs and InTime schedule notes will reference missed PEWS hours.
Special consideration and adjustments will be made in the event of a light-duty assignment, extended leave (to be determined on a case-by-case basis), workers’ compensation leave, or a change in duty assignment resulting in a move to or from the 4/11 schedule.
Departmental Essential Work Duties
The remaining 20 PEWS hours will be fulfilled by working departmental essential work duties. This includes mandatory patrol staffing shifts and any other SMPD Field Ops Overtime (which is paid for by the PD, excluding outside detail overtime), court hours per POA MOU, Police Activities League (PAL) events, and training courses outside of the 58 hours of designated departmental training days.
Ancillary assignments (e.g., Range, Defensive Tactics (DTAC), Force Response Review Committee (FRRC), Honor Guard, SWAT) shall not be considered qualifying duties for PEWS hours.
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In Person Training Topics
The courses and topics will be a Course Topic Designated by Command Staff, Firearms PSP / Range training day, Active Shooter Scenario training day, Taser Recertification, First Aid Skills Demonstration, and Use of Force PSP and Arrest and Control PSP.
Online Training Topics
The online training consists of a total of 18 hours of POST and state-mandated training. This training is required for all Sworn SMPD personnel. The P.O.S.T. Compliance Officer will provide training timeline windows and completion deadlines for all online training. For officers falling under the PEWS requirements, online training is to be done off-duty to fulfill the 18 PEWS hours owed. Officers not falling under PEWS requirements, and Sergeants, will complete the training on duty or on overtime after receiving prior approval through their chain of command. The Training Unit will be responsible for entering PEWS online training hours as they occur for PEWS eligible personnel.
The P.O.S.T. Learning Portal will be utilized to facilitate the required training. These topics and courses include First Aid (8-Hours), DV Update (2-Hours), and Strategic Communication PSP (2- Hours). For the topics of Taser 10 Annual Operator Recertification Course (2-Hours), CLETS Testing (2-Hours), and Sexual Harassment (2-Hours) will be completed on designated online platforms.
Upon finishing each online training session, officers will receive a certificate of completion. Each training will be pre-loaded in each officer’s METR training “Employee Portfolio Training Records.” Officers will then attach a copy of their certificate in the pre-loaded training record in “Employee Portfolio Training Records.” The required training deadlines will be sent out with advanced notice and coincide with the end of a pay period for PEWS hours deductions.
Non-Patrol Attendance
Attendance at these training courses and the completion of the virtual training is essential and mandatory. The San Mateo Police Training Unit will work with the supervisors to ensure proper coverage for work responsibilities during your attendance at the training.
Mandatory Training Guidelines
All department sponsored training days are mandatory for all Officers and Sergeants, and attendance is required in accordance with SMPD Policy 208.6.
Employees who are unable to attend any portion of the training, due to exigent circumstances, immediate notification to the supervisor should be made. If an employee has advanced notice of a scheduling conflict with training, the employee should submit a Training Absence Form to their direct chain of command for absence approval prior to the training day. The form will then need to be forwarded to the San Mateo Police Training Unit to allow for proper processing and prior approval by the Chief of Police. All unapproved absences at training will be addressed by your Chain of Command.
Designated Training Days within the 4/11 Schedule:
The 4/11 Schedule will have designated training days as outlined above and flexible training hours to fulfill the seventy-eight (78) hours necessary to complete a full work year. A PEWS hours spreadsheet will be maintained by the Support Services Administrative Technician, in which PEWS hours owed will be manually tracked for each employee on the 4/11 schedule.
PEWS Hours
Employees on the 4/11 schedule attending training outside of the pre-scheduled training listed in the current years training plan, on a day off or outside their normal shift, shall be coded with PEWS hours prior to earning overtime for those training assignments. All 20 elective PEWS hours must be worked prior to earning overtime pay for training.
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If an employee doesn’t work their PEWS hours during the year, they will be required to fulfill their PEWS hours obligation to the City by either working mandatory staffing shifts, court hours per POA MOU, Police Activities League (PAL) events, and training courses or by deducting hours from their leave banks at the end of each year. The Field Operations Administrative Lieutenant will work with employees to schedule extra shifts or code PEWS hours owed as leave. These hours are hours the employee is being compensated for during the normal twenty-six (26) pay periods. The employee must work the hours on a straight time basis or use leave balances for the compensation received throughout the annual Field Operations shift year.
Mid-Year Transfer Out of 4/11-Hour Schedule
When an officer transfers out of the 4/11-hour schedule (e.g., from Patrol to Investigations) and has outstanding PEWS hours owed, the City will recoup those hours.
The officer can satisfy the hours owed by coding the following activities as PEWS hours:
• Working mandatory staffing shifts
• Court hours as outlined in the POA MOU
• Assisting with Police Activities League (PAL) events
• Attending training courses
• Deduct hours from their leave banks on a non-work day with a note that it was due to missed PEWS hours
Transfer into Field Operations
When an officer transfers into the 4/11-hour schedule, the City will calculate owed hours from the date of transfer. The officer will owe 3 PEWS hours per pay period for the remainder of that Field Operations shift year.
Department Separations
Prior to an employee’s separation from the City, the Department will reconcile and zero out the employee’s PEWS balance. Any hours worked in excess of the required PEWS obligation will be compensated at the MOU-contracted overtime rate of one and one-half (1.5) times the regular rate of pay. For any PEWS hours owed at the time of separation, the Department will deduct the equivalent hours from the employee’s accrued leave balances, consistent with the provisions of the officer’s signed PEWS agreement. This reconciliation will be completed prior to the submission of the employee’s final timecard to ensure accurate processing by the Finance Department.
For San Mate Police Officer Association City of San Mateo
By: _______________________________ By: ____________________________________ Kayla Quinlan, SMPOA President Aracelia Esparza, Human Resources Director
Date: 10/14/2025 Date: 10/14/2025
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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: 10-5112 File ID: 25-10517 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: October 20, 2025
SUBJECT:
Animal Control Amendments — Ordinance Adoption
RECOMMENDATION:
Adopt an Ordinance to amend San Mateo Municipal Code Chapter 8.02 "Animal Control" and adding Chapter 8.34 “Animal Fanciers Permit” to maintain enforceability and alignment with San Mateo County's Animal Control Ordinance.
BACKGROUND:
On October 6, 2025, the City Council introduced the attached proposed Ordinance (Attachment 1) to amend San Mateo Municipal Code Chapter 8.02 "Animal Control" and adding Chapter 8.34 “Animal Fanciers Permit” to maintain enforceability and alignment with San Mateo County's Animal Control Ordinance. The amendments will provide consistency and maintain the City’s interest in continuing to partner with the County for animal control services.
If adopted, this Ordinance will become effective 30 days after its adoption.
BUDGET IMPACT:
No budget impact is anticipated as a result of this action.
ENVIRONMENTAL DETERMINATION:
This Ordinance adoption 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 Ordinance
STAFF CONTACT
Chantal Eaton, Deputy City Clerk
[email protected]
(650) 522-7044
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7 CITY OF SAN MATEO
DRAFT ORDINANCE
Amending Chapter 8.02 “Animal Control” and Adding Chapter 8.34 “Animal Fanciers Permit” to the San Mateo Municipal Code
WHEREAS, the City of San Mateo has authorized personnel from the County of San Mateo to administer and enforce Municipal Code Chapter 8.02 “Animal Control” on behalf of the City; and WHEREAS, the San Mateo County Board of Supervisors recently adopted an ordinance to amend the San Mateo County Code related to Animal Control; and
WHEREAS, the City of San Mateo wishes to continue to partner with the County to provide animal control services and wishes to maintain an animal control ordinance which is substantially the same as the County’s ordinance; and
WHEREAS, the proposed amendments to Chapter 8.02 will provide clarity in definitions, streamline processes, improve enforceability, and above all else, provide enhanced public safety; and WHEREAS, it is recommended Chapter 8.34 be added regarding Animal Fancier Permits to be consistent with the County Code regulating the permit conditions and inspection requirements for those individuals who wish to keep a number of dogs or cats in excess of the number typically allowed.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1. Section 8.02.350 of the San Mateo Municipal Code is amended as follows:
8.02.350 Schedule of Fees and Charges (County Code § 6.04.350).
This Section 8.02.350 sets forth the fees for the Animal Control Program and Licensing Program. No animal shall be released to its Owner, or other Person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.
Animal Control and Licensing fees and charges established by this code are as follows:
(a) License Fees.
Dogs
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
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7 1-year license $23.00
3-year license $64.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
Cats
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license $12.00
3-year license $31.00
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
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7 Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges.
Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.)
Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)
Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
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7 Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs $25.00
Unaltered — dogs $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees.
Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
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7 DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds
Over 100 pounds
$60.00
$125.00
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7 DOA Disposal: Under 100 Pounds
Over 100 pounds
$30.00
$100.00
(d) Other Animal Control Fees.
Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(e) Miscellaneous fee provisions.
(1) The Animal Control Program, and/or Licensing Program, may establish license discounts for recognized animal rescue organizations.
(2) License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause. If a Person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered "nonpayment" as that term is used in this Chapter.
(4) The animal control fees for any animal related service not specified in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or caretaker of the animal(s) for which said service(s) have been provided. (5) Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 8.02.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not
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7 be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding Sections 8.02.040 and 8.02.350 of this Chapter. (6) All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter.
(7) If the Animal Control Program Manager determines that payment of any fees by the Owner or caretaker for an impounded animal would cause extreme financial difficulty to the Owner or caretaker, and that it is in the best interests of the City to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.
Section 2. Section 8.02.420 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
8.02.420 Spaying/Neutering (County Code § 6.12.020)
(a) Any person who owns or harbors within the City, any cat or dog over the age of six months which has not been spayed or neutered, shall procure either a license to keep an unaltered dog or cat or a license and permit for breeding cats or dogs issued by the San Mateo County Animal Control Program under Section
8.02.030 of this chapter.
(b) A license shall be issued for an unaltered dog or cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit under section
8.02.430 of this code.
(c) Any person providing care or sustenance for a period of thirty days or longer shall be deemed the owner of such animal and shall adhere to the provision of the section. (d) Subsection (c) above shall not be interpreted to apply to a person caring for barn cats or a colony of feral cats if such person:
(1) Registers (at no charge) with the Peninsula Humane Society or San Mateo County Animal Control Services as a caretaker for barn cats or feral cats. Such registration shall be optional for barn cats or feral cat colonies located within RM-CZ (Resource Management Coastal Zone) or the PAD (Planned Agricultural District); (2) Regularly feeds or arranges for the feeding of the cats, including on weekends and holidays; (3) Traps or makes a reasonable effort to trap all barn or feral cats over the age of eight (8) weeks in his/her care, and has them spayed or neutered;
(4) Has all trapped cats tested for feline leukemia and has those who test positive humanely euthanized or isolated indoors;
(5) Identifies barn or feral cats that have been spayed or neutered by means of ear notching, ear tipping, or ear tagging;
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7 (6) Has all trapped cats vaccinated according to state and local laws.
Section 3. Section 8.02.430 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
8.02.430 Breeding Permits; Administration. (County Code §6.12.030) (a) No person shall cause or allow any dog or cat owned or harbored in the City to breed without first obtaining a breeding permit under this Section.
(b) San Mateo County Animal Control Services shall administer a permit program to allow breeding of cats and dogs consistent with criteria and according to procedures contained in this chapter. (c) Each applicant who is issued a permit to breed cats or dogs under this section shall pay a breeding permit fee according to the fee schedule contained in Section 8.02.290 of this Code. (d) No person shall cause or allow the breeding of a male or female dog or cat without first obtaining a breeding permit issued by Animal Control Services. Such breeding permit is required in addition to any license required under Section 8.02.040 of this Code. Breeding permits shall be valid for twelve months, renewable on an annual basis. Fees for such permit shall be as set forth in Section 8.02.290. All breeding permits shall contain the following terms and conditions and be subject to all of the following requirements:
(1) No offspring may be sold or adopted and permanently placed until reaching an age of at least eight (8) weeks.
(2) No offspring may be sold or adopted until immunized against common diseases, or until they have begun a course of disease prevention under the direction of a State of California licensed veterinarian. (3) If within one year of placement a new owner becomes unable or unwilling to continue ownership and responsibility for an animal, the permit holder shall assist in placement of the animal. If no suitable placement can be found within six (6) months, the permit holder shall accept return of the animal if healthy and shall become fully responsible for its care.
(4) Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit number in any publications in which they advertise. Further, the permit number must be provided to any person adopting or purchasing any animal bred by the permit holder. (5) The breeding permit holder shall adhere to Minimum Standards regarding the care and keeping of animals developed and approved by the Animal Control Services.
Section 4. Section 8.02.440 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
8.02.440 Sale or Adoption of Cats and Dogs. (County Code § 6.12.040) (a) Any person who provides or offers to the public, whether or not for compensation, any cat or dog shall provide to their clients, free of charge, information, relating to pet care and ownership, including
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7 information where applicable, on County laws pertaining to animal control. This required information will be prepared and provided by San Mateo County Animal Control Services upon request. (b) Any person offering cats or dogs for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing, registration or permit requirements of San Mateo County applicable to such animal.
(c) No person shall offer for sale or adoption any cat or dog on any public street, sidewalk or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption agency such as Pets in Need and the Peninsula Humane Society.
(d) Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal.
Section 5. Section 8.02.450 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
8.02.450 Revocation of Permit. (County Code § 6.12.050) (a) Any permit issued pursuant to Section 8.02.430 may be revoked if the Animal Control Officer has reasonable cause to believe any of the following to be true:
(1) The permittee has violated any state or local ordinances relating to the keeping, care or use of any animal including, but not limited to, those contained in this Title; (2) The permittee is in violation of any State health or safety law or regulation regarding animal care or control;
(3) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this Code;
(4) The permittee refused to allow inspection, upon forty-eight hours written notice, of any animal covered by the permit or the premises on which the animal is kept; or (5) The permittee has transferred, sold or otherwise disposed of the animal for which the permit was issued.
(b) If, after inspection, the Animal Control Officer concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an Animal Control Officer. Said date shall be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the Animal Control Officer may modify the terms of the permit or revoke the permit. (c) The permittee may appeal the decision of the Animal Control Officer to the County Environmental Health Officer if the permittee gives written notice of such appeal within five working days of the decision.
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7 Section 6. Section 8.02.460 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
8.02.460 Penalty for Violation. (County Code § 6.12.060) Except as otherwise provided by this chapter, any violation of the provisions of this chapter shall be punishable as an infraction, the penalty of which shall be as follows:
(a) A fine not to exceed one hundred ($100.00) dollars for a first violation. (b) A fine not exceeding two hundred ($200.00) dollars for a second violation within one year. (c) A fine not to exceed five hundred ($500.00) dollars for each additional violation within the same year.
Section 7. Section 8.02.470 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
8.02.470 Responsibility for Enforcement. (County Code § 6.12.070) The Animal Control Program shall be responsible for the enforcement and administration of this chapter.
Section 8. Section 8.02.480 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
8.02.480 General Provisions and Definitions. (County Code § 6.20.010). (a) The following shall be included when determining the number of animals kept: (1) any animal over the age of four (4) months; and (2) any animal to which care and sustenance have been provided for a period of thirty (30) days or longer, except where animals are boarded all animals over four (4) months shall be counted. (b) For the purpose of this chapter, certain words and phrases are defined as follows:
(1) "Animal Fanciers" shall mean a person, business or entity who keeps at least five (5) dogs, or five (5) cats, or any combination of dogs and cats which totals five (5), not to exceed ten (10) dogs, or ten (10) cats, or any combination of dogs and cats which totals ten (10) per one-family dwelling unit. (2) "Catteries" shall mean a place for breeding, raising, keeping, boarding or other handling of more than (10) cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with keeping of animals at a cattery include, but are not limited to, grooming, training, and sales of animals and supplies.
(3) "Kennels" shall mean a place for the breeding, raising, keeping, boarding or other handling of more than ten (10) dogs, or more than ten (10) dogs and cats per dwelling unit or per business establishment.
Ancillary activities that may be conducted in association with the keeping of animals at a kennel include, but are not limited to, grooming, training, and sales of animals and supplies.
Section 9. Section 8.02.490 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
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7 8.02.490 Keeping of Dogs and Cats. (County Code § 6.20.020). (a) It shall be unlawful for any person, business or entity to keep or cause to be kept five (5) or more dogs, or five (5) or more cats, or five (5) dogs and cats in any combination per dwelling unit or per business establishment unless in conformance with this chapter. In addition to any civil remedy provided for by law, a violation of any provision of this chapter may be prosecuted as an infraction. (b) The requirement to obtain an animal fanciers' permit or a kennel/cattery permit per sections
8.02.500, shall not be applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code. (2) Dogs or cats used for teaching purposes in recognized educational institutions. (3) Seeing-eye dogs, other dogs trained for and used to assist disabled persons, or dogs trained for and used in drug enforcement, law enforcement or military operations. (4) Animal hospitals, as defined in sections 27.04.025 and 27.24.020 of Title 27 of this code. (5) Pet sales and/or grooming establishments, as defined in section 27.30.010 of the City Zoning Code Title 27.
Section 10. Section 8.02.500 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:
8.02.500 Animal fanciers; Permit requirement. (County Code § 6.20.030).
Animal fanciers, as defined in section 8.02.480(b)(1), shall locate only in those zoning districts where animal fanciers is an allowed use, and be subject to an animal fanciers' permit when required by the County Zoning Regulations (Division 6, Part One of this Ordinance Code). The securing of an animal fanciers' permit shall be in conformance with Chapter 8.34 of this Title.
Section 11. Chapter 8.34 of the San Mateo Municipal Code is added to Title 8 as follows:
Chapter 8.34
ANIMAL FANCIERS PERMIT
8.34.010 Animal fancier permit program. (County Code § 6.16.010). (a) The Division of Animal Control shall administer an animal fancier permit program as described by this chapter to allow the keeping of dogs and/or cats up to a total of ten animals. (b) In accordance with sections 8.02.480 through 8.02.500 of this code, up to a total of ten animals (dogs and/or cats) may be kept at any one premises, in those zoning districts prescribed in the City zoning regulations, provided that a fancier's permit issued by the Animal Control Program Manager in accordance with this chapter in first obtained by the person keeping such animals.
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7 8.34.020 Application for animal fancier permit. (County Code § 6.16.020). (a) Any application for an Animal Fancier Permit shall be made to the Division of Animal Control on a form provided by the Division. The application shall include the name of the applicant, his or her residence address and telephone number, the address of the proposed location where the animals are to be kept if different from applicant's address, and a description of the housing facilities for the keeping of the animals. The application shall also state the number of dogs and/or cats to be kept and include a copy of the current license certificate issued under section 8.02.040 of this code for each animal to be kept. The Animal Control Program Manager may require the applicant to provide any other information (s)he seems necessary to properly evaluate the application.
8.34.030 Issuance of permit. (County Code § 6.16.030).
(a) An application for a fancier's permit shall include a statement from the applicant that:
(1) Keeping of the animals at the proposed location will not violate any federal, state or local law. (2) Appropriate facilities of sufficient size exist at the proposed location to safely and adequately secure, feed, house, exercise and maintain the animals.
(3) The proposed location consists of a lot or lots of sufficient size to safely and adequately house, maintain and exercise the animals without disturbance to adjacent property owners or the public. (4) Possession and maintenance of the animals at the proposed location will not result in the animals being subject to neglect, cruelty, or abuse.
(5) The applicant has neither had any animal license or permit revoked, nor has been convicted of any violation of any provision of chapters 8.02 of this code or any other state or local animal control law, within the past year.
(6) The keeping and maintenance of the animal will not create a public or private nuisance or endanger the public health, safety or welfare.
(7) The keeping of the animals at the proposed location complies with all County zoning regulations. (b) The Animal Control Program Manager may investigate or require any further information or documentation which would assist in determining whether the statements made by the applicant are correct and whether the permit should be issued.
8.34.040 Permit conditions. (County Code § 6.16.040).
(a) Any permit issued under this chapter shall be made expressly subject to the following conditions:
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7 (1) The permit holder shall provide veterinary care as needed and make every effort to keep all animals free of disease and parasites.
(2) The permit holder shall keep the animals' living quarters clean and sanitary. (3) Any cages or structures housing animals shall be of a sufficient size to insure the health, safety and comfort of the animals and shall be placed at least three (3) feet from any lot line in residential areas.
(4) Any other conditions which the Division determines is reasonably necessary to protect the welfare of the animals kept or the public, health, safety or welfare. (b) The fancier permit fee established under section 8.02.290 of this code shall be paid by the applicant prior to issuance of the permit. Such fee shall be paid each time a permit is issued or renewed.
8.34.050 Inspections. (County Code § 6.16.050).
(a) The Animal Control Program Manager may require any permit holder to produce for inspection any required animal license, permit or certificate of vaccination. (b) The Animal Control Program Manager may, with 48 hours notice to the permit holder, conduct such inspections of the premises upon which animals are kept under a fancier's permit, as necessary to insure compliance with the conditions of the permit.
(c) Such inspection of the premises shall be based on the direct observations of an animal control officer or upon a non-anonymous compliant.
8.34.060 Expiration and renewal of permits. (County Code § 6.16.060). (a) Permits issued under this chapter shall expire one year after issuance. (b) Permits may be renewed on an annual basis upon filing of a new application containing updated information and payment of the annual fancier's permit fee established by section 8.02.290. (c) No permit shall be renewed if the Animal Control Program Manager has received two or more substantiated complaints concerning the location or manner of keeping of the animals or if the Animal Control Program Manager has determined that the findings set forth in section 8.34.030 cannot be made or that any of the grounds for revocation described by section 8.34.070 of this chapter exist.
8.34.070 Permit revocation. (County Code § 6.16.070).
Any permit issued under this chapter may be revoked by the Animal Control Program Manager if, after investigation, the Animal Control Program Manager finds reasonable cause to believe any of the following grounds exist:
(b) The permittee has violated any animal control laws or regulations, any zoning or health and safety laws or any regulations relating to the keeping of animals.
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7 (b) The permittee has failed to keep and maintain in a clean and sanitary condition the premises on which the animals are kept.
(c) The permittee has acted in an inhumane or cruel manner in the treatment of the animals. (d) The permittee has failed to provide any animal with proper food, water, exercise, shelter or veterinary care.
(e) The permittee has failed to comply with all conditions of the permit. (f) The permittee has failed to pay any fee or obtain any license imposed under title 6 of this code. (g) The permittee has provided false information in the permit application or has failed to cooperate in allowing inspection of the premises by the Animal Control Program Manager.
8.34.080 Appeal of revocation of permit. (County Code § 6.16.080). (a) Prior to revocation of a permit, the Animal Control Program Manager shall provide written notice to the permittee of its intention to revoke the permit. Such notice shall contain a statement of the grounds supporting permit revocation and shall advise the permittee that the permit will be revoked unless a hearing before the Director of the Health System or his/her designee is requested in writing to the Animal Control Program Manager within ten days of the mailing of the notice. Any request for a hearing must specify the reasons the license should not be revoked and why the grounds cited in the notice do not exist. (b) Upon receipt of a request for hearing, the Animal Control Program Manager shall schedule a hearing before the Director of the Health System or his/her designee and shall provide the permittee with reasonable written notice of the date, time and place of the hearing. (c) At the hearing, the petitioner and the Animal Control Program Manager may be represented by counsel, present oral and written evidence and cross-examine witnesses. The strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. In this regard, written statements, records or reports by a state or county officer or employee, or any law enforcement or fire protection officer or employee, or the animal control program or its agents, acting in the course and scope of their official duties, or written statements by any person made under penalty of perjury, may be admitted as evidence that the facts or conditions expressed therein do or do not exist.
(d) After the hearing, the hearing officer may revoke the permit or may impose additional conditions in order to allow continuation of the permit if he or she finds that substantial evidence supports the decision by the Animal Control Program Manager to revoke the permit. Alternatively, the hearing officer may determine that the permit should not be revoked.
(e) After a permit is revoked, the Animal Control Program Manager shall allow the permit holder reasonable time, not to exceed 90 days, to relocate those cats and dogs which may not be kept without a fancier permit: except that if the cause of revocation involves health or safety concerns or violations or animal neglect or cruelty the Animal Control Program Manager may immediately impound all of the animals.
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7 8.34.090 New application after denial or revocation. (County Code § 6.16.090).
If a license has been denied or revoked, the Animal Control Program Manager shall not accept a new application by the same person or member of the person's household less than twelve (12) months after such denial or revocation unless the applicant shows and Animal Control Program Manager determines that the grounds upon which the first license or application was denied or revoked no longer exist. Upon revocation, no part of the permit fee shall be refunded.
8.34.100 Administrative guidelines. (County Code § 6.16.100). (a) The Animal Control Program Manager may formulate administrative guidelines in conformity with, and for the purpose of implementing, this chapter.
8.34.110 Mediation. (County Code § 6.16.110).
Upon receipt of a nuisance complaint regarding the holder of an Animal Fancier Permit, the Animal Control Program Manager ("Manager") may require the complainant(s) to mediate with the Animal Fancier permit holder as a precondition of investigation, citation and abatement of the nuisance. Such cases may be referred to the County Mediation Program. If the Manager determines mediation is appropriate and the complainants agree to mediate but the alleged violator refuses, the Manager may proceed with investigation and any appropriate enforcement.
Section 2. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 21065, this action 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.
Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 4. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Section 5. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.
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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: 20-5150 File ID: 25-10476 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: October 20, 2025
SUBJECT:
Byrne State Crisis Intervention Grant Award and Backfill CSO Position – Approval and Budget Appropriation RECOMMENDATION:
Adopt a Resolution to accept grant funds in the amount of $224,131 from the California Board of State and Community Corrections, Byrne State Crisis Intervention Program (Byrne SCIP); authorize the Chief of Police to execute the grant agreement with the Board of State and Community Corrections and all other necessary grant documents; authorize the addition of 1.00 Full-Time Equivalent Community Service Officer position for the duration of the grant period; and appropriate $82,000 to the Police Department’s fiscal year 2025-26 budget.
BACKGROUND:
The San Mateo Police Department has been awarded a grant from the California Board of State and Community Corrections (BSCC) for the Byrne State Crisis Intervention Program (SCIP). The intent of this grant is to fund a Community Service Officer (CSO) position focused on implementing Project SAFEGUARD (Schools and Families Engaged for Gun Use Awareness and Risk Detection), whereby the CSO will serve as a Threat of Gun Violence Expert. This CSO will work alongside the Police Department’s existing Youth Service Officers to investigate threats of gun violence at schools, lead crisis interventions, conduct ongoing follow-up with youth engaged in threat of violence incidents, connect at risk youth to services as well as coordinate public outreach to raise awareness about extreme risk protection orders and threat of violence prevention. The total grant award is $224,131, to be expended over the course of approximately the next 20 months, with grant activities concluding July 31, 2027.
The application process was highly competitive, and prioritized funding for law enforcement crisis intervention programs and initiatives aimed at reducing gun violence. The grant will provide the salary and benefits for a .75 Full Time Equivalent (FTE) CSO position charged with coordinating and carrying out grant activities. Through engagement and outreach efforts, the CSO will build relationships and facilitate engagement with schools, students and parents related to gun violence prevention.
The assignment of a CSO to perform the tasks funded by the grant will create a vacancy in the Police Department’s current complement of CSOs. Authorization for an additional 1.00 FTE Community Service Officer position is requested for the grant period to ensure there is no loss of service to the community. The grant funds will cover the cost of .75 FTE, and grant activities will comprise 75% of the position’s workload. The other 25% of the workload will be comprised of education and outreach efforts related to preventing the misuse of opioids, with funding for the remaining .25 FTE to come from revenues received from the National Opioid Settlement Agreements. The anticipated opioid revenues are sufficient to cover this expense for the duration of the grant term, and these activities are an eligible use of the opioid funds. Therefore, the addition of this position will have a net-zero budget impact as the cost will be offset by grant reimbursement and opioid settlement funds.
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The Police Department plans to staff the position this winter, with a proposed expenditure timeline commencing in December 2025 and concluding in July 2027. The Community Service Officer classification is often a transitional position, with many individuals in this role eventually advancing to sworn Police Officer positions. At the conclusion of the grant term in July of 2027, we anticipate there would be an open CSO position created through normal attrition, and therefore no need for layoff or retention of an unfunded employee. The requested action includes authorizing the addition of 1.00 FTE Community Service Officer position and amending the fiscal year 2025-2026 budget in the amount of $82,000, to reflect the positional costs that will be incurred during the remainder of the current fiscal year.
The Resolution and grant agreement (Attachments 1 and 2) must be approved by the City Council by October 31, 2025, in order to receive the grant. The Police Department looks forward to the opportunity to enhance the depth of services we provide to our community by performing the work funded by the grant.
BUDGET IMPACT:
The requested action includes the addition of $82,000 to the Police Department’s authorized 2025-26 budget, which will be fully offset by grant revenue and opioid settlement revenue, resulting in no net financial impact.
ENVIRONMENTAL DETERMINATION:
This action 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 Resolution
Att 2 – Grant Agreement
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Kimber Joyce, Lieutenant
[email protected]
(650) 522-7658
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1 CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)
AUTHORIZING ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $224,131
FROM THE STATE OF CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS, BYRNE STATE CRISIS INTERVENTION PROGRAM; AUTHORIZING THE ADDITION OF 1.00 FULL TIME EQUIVALENT (FTE) COMMUNITY SERVICE OFFICER; AND AMENDING THE FISCAL YEAR 2025-26 BUDGET WHEREAS, the City of San Mateo (City) desires to participate in the Byrne State Crisis Intervention Grant Program made available through the California Board of State and Community Corrections (BSCC) to support local efforts to reduce the threat of gun violence in the City; and WHEREAS, the BSCC offered to award the City $224,131 for grant program activities through July 31, 2027; and
WHEREAS, grant funds will be used to provide .75 FTE salary and benefits for a Community Service Officer focused on implementing Project SAFEGUARD (Schools and Families Engaged for Gun Use Awareness and Risk Detection), to include investigating threats of gun violence at schools, leading crisis interventions, conducting ongoing follow up with youth engaged in threat of violence incidents, connect at risk youth to services, and coordinate public outreach to raise awareness about extreme risk protection orders and threat of violence prevention; and
WHEREAS, in order to be considered eligible to receive grant funding, the City must submit a signed Grant Agreement to the State; and
WHEREAS, the assignment of a Community Service Officer (CSO) to perform grant activities creates a vacancy in the complement of CSOs in the Police Department; and WHEREAS, staff recommends authorization of an additional 1.00 FTE Community Service Officer position for the duration of the grant period to ensure no loss of service to the community; and WHEREAS, grant funds will cover the cost of .75 of the additional FTE, with funding for the remaining .25 of the additional FTE to come from revenues received from the National Opioid Settlement Agreements, resulting in no net financial impact as costs will be offset by grant and opioid revenues; and WHEREAS, Section 5.13(a) of the City Charter requires Council approval by resolution for amendments to the City’s budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. This action 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.)
2. Grant funding in the amount of $224,131 from the CA BSCC is accepted, and appropriation of these funds into the Police Grants Fund (Fund 200) is authorized.
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1 3. The Chief of Police or his designee is authorized, on behalf of the City, to execute and submit the grant agreement and any additional documents including, without limitation, contracts, amendments, extensions, modifications, and payment requests as appropriate to accept the funds and comply with the conditions of the grant.
4. Grant funds received hereunder shall not be used to supplant ongoing law enforcement operations.
5. The addition of 1.00 FTE Community Service Officer Position is authorized for the term of the grant.
6. A budget appropriation for fiscal year 2025-26 is approved in the amount of $82,000 to the Police Grants Fund (Fund 200).
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STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC135525 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1355- 25
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
City of San Mateo
2. The term of this Agreement is:
START DATE
August 1, 2025
THROUGH END DATE
SEPTEMBER 30, 2027
3. The maximum amount of this Agreement is:
$224,131.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which ar e by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D
Special Terms and Conditions 4
Exhibit E FY 2022-2023 & FY 2024 Byrne State Crisis Intervention Program (SCIP) Federal Conditions 39 Attachment 1* Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant Request for Proposals * Attachment 2 Byrne SCIP Cohort 2 Grant Proposal & Budget 10 Appendix A
Byrne SCIP Advisory Board Roster 1
Attachment C Criteria for NGO that Receive BSCC Grant Funds as a Subcontractor 2 Attachment D Cert of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft & Embezzlement 1 Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Subawards 2 * This item is hereby incorporated by reference and can be viewed at:
h ttps://www.bscc.ca.gov/byrne- state-crisis-intervention-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of San Mateo
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
200 Franklin Pkwy San Mateo CA 94403
PRINTED NAME OF PERSON SIGNING TITLE
Ed Barberini Police Chief
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
1. GRANT AGREEMENT – Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of San Mateo (hereafter referred to as the Grantee or Contractor).
2. PRO
JECT SUMMARY AND ADMINISTRATION
A. The goal of the BSCC Byrne State Crisis Intervention Program funding is to develop a multipronged approach to decreasing gun violence in California, supporting local jurisdictions in their efforts to improve firearms relinquishment procedures and supporting the enhancement of programs that address behavioral health issues, with a focus on people who are at higher risk for gun violence.
B. Gr
antee agrees to administer the project in accordance with Attachment 1: Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal, which are attached and hereto and made part of this agreement.
3. PR
OJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Ed Barberini
Title: Police Chief
Address: 200 Franklin Pkwy, San Mateo, CA 94403
Phone: 650-522-7600
Desi
gnated Financial Officer authorized to receive warrants:
Name: Tricia Toomey
Title: Business Manager
Address: 200 Franklin Pkwy, San Mateo, CA 94403
Phone: 650-522-7623
Email: [email protected]
Project Director authorized to administer the project:
Name: Kimber Joyce
Title: Police Lieutenant
A
ddress: 200 Franklin Pkwy, San Mateo, CA 94403
Phone: 650-522-7658
Email: [email protected]
C. Ei
ther party may change its project representatives upon written notice to the other party.
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.
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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Byrne SCIP Cohort 2 Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal.
5. RE
PORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:
Q
uarterly Progress Report Periods Due no later than:
1. August , 2025 to September 30, 2025 October 15, 2025
2. October 1, 2025 to December 31, 2025 January 15, 2026
3. January 1, 2026 to March 31, 2026 April 15, 2026
4. April 1, 2026 to June 30, 2026 July 15, 2026
5. July 1, 2026 to September 30, 2026 October 15, 2026
6. October 1, 2026 to December 31, 2026 January 15, 2027
7. January 1, 2027 to March 31, 2027 April 15, 2027
8. April 1, 2027 to June 30, 2027 July 15, 2027
9. July 1, 2027, to July 31, 2027, October 15, 2027
N
ote: Project activity period ends July 31, 2027. The period of August 1 , 2027 to September 30, 2027 is for completion of Final Local Evaluation Report and financial audit only.
B. E
valuation Documents Due no later than:
1. Local Evaluation Plan December 31, 2025
2. Final Local Evaluation Report September 30, 2027
6. P
ROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.
Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three- year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.
7. C
ONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the By
rne SCIP Advisory Board (See Appendix A) from receiving funds from the grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Byrne SCIP Advisory Board membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Byrn e
SC
IP Advisory Board.
B. In cases of an actual conflict of interest with an Advisory Board member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
8. A
UDIT
Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction t
hereof, for the entire three-year grant cycle. Grantees may choose either a program-specific audit or a single federal audit. Federal guidelines allow grantees receiving $750,000 or more in federal funds in a fiscal year to use their federal justice assistance grant funds to pay for the cost of the audit. Grantees falling below the $750,000 threshold must use non- federal funds (i.e., match funds) to pay for audit costs. For purposes of this grant award grantee is required to check one of the boxes below to indicate how they will meet the audit requirement. In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures, Chapter 23, Grant Accounting Index, the identified grant will be included in the City/County Single Federal Audit Report, which will be submitted to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.
OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures Chapter 23, Grant Accounting Index, the grantee will provide a Program-Specific Final Audit Report to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.
OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the non-governmental entity grantee does not expend $750,000 or more in total federal awards during the fiscal year and is therefore, exempt from Federal audit requirements for this grant contract period. However, the entity understands that it must keep and maintain the grant
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records and make them available for review or audit by appropriate officials of the Federal agency, pass -through agency (i.e., the Board of State and Community Corrections) and Governmental Accountability Office.
9. UNI
QUE ENTITY IDENTIFIER (UEI)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active registration of their Unique Entity Identifier (UEI) number, used for this Grant Agreement, throughout the term of the contract. An active UEI number is also required to remain in compliance with the Federal Funding Accountability and Transparency Act (FFATA), a reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. August 1, 2025 to September 30, 2025 November 15, 2025
2. October 1, 2025 to December 31, 2025 February 15, 2026
3. January 1, 2026 to March 31, 2026 May 15, 2026
4. April 1, 2026 to June 30, 2026 August 15, 2026
5. July 1, 2026 to September 30, 2026 November 15, 2026
6. October 1, 2026 to December 31, 2026 February 15, 2027
7. January 1, 2027 to March 31, 2027 May 15, 2027
8. April 1, 2027 to June 30, 2027 August 15, 2027
9. July 1, 2027 to July 31, 2027 September 15, 2027
Fi
nal Invoicing Periods: Due no later than:
10. August 1, 2027, to September 30, 2027* November 15, 2027 *
Note: Only expenditures associated with completion of the Final Local Evaluation Report and t
he financial audit may be included on the invoice.
B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, July 31, 2027, and included on the invoice due September 15, 2027. Project expenditures incurred after July 31, 2027 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by September 30, 2027. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of August 1, 20 27 to S
eptember 30, 2027 must be submitted during the Final Invoicing Period(s), with the final invoice due
on November 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures.
Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.
B. U nder no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
A. Funding for Byrne SCIP was appropriated as part of the supplemental appropriations enacted under Division B of the Bipartisan Safer Communities Act. It is mutually agreed that if the Budget Act of the current year and/or any subsequent year covered under this Grant Agreement does not appropriate funds for the purposes of this program, this Grant Agreement shall be of no further force and effect. In th is event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.
B. Thi
s Grant Agreement is valid and enforceable only if sufficient funds are made available by the United States Congress. Grantee agrees that the BSCC’s obligation to pay any sum to the Grantee under any provision of this agreement is contingent upon the av ailability of sufficient funds.
C. If Byrne SCIP funding is reduced or falls below estimates contained within the Byrne SCIP Cohort 2 Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
D. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be requir ed to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2023 BSCC Grant Administration Guide, which can be found under Grantee Resources here
:
ht
tps://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.
To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.
C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
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Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and final audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
7. PROJECT BUDGET
Project Budget
Line Item
1. Salaries and Benefits $224,131
2. Services and Supplies $0
3. NGO Subcontractors Providing Services $0
4. Professional Services/Independent Contractors $0
5. Public Agency Subcontractors $0
6. Equipment/Fixed Assets $0
7. Other (including training, travel, etc.) $0
8. Indirect Costs $0
TOTAL: $224,131
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
1. A
PPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time an d
i
n the manner herein provided. In the event of such termination the State may proceed with the work i
n any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in th e per
formance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, th e m
inimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious
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creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors s hall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in t he
doc
ument CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be i n c
ompensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale
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to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been
i
njured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceabl e
or
held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with P
ub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.
C
ode § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4)
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that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. ( Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the f
ollowing statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
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1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1:
Byrne SCIP Cohort 2 Request for Proposals and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that aris e
dur
ing the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.
B. Compliance with Federal Laws and Regulations
The Grantee hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines and requirements, including any federal conditions, which are included in this Grant Agreement as Exhibit E.
C. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Byrne SCIP Cohort 2 Request for Proposal and Attachment 2: Byrne S
CIP Cohort 2 Grant Proposal , documents, amendments, approved modifications, a nd c
ommunications filed in support of its request for grant funds.
D. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relati on
bet
ween the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Byrne SCIP RFP and described in Appendix B.
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D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in s uc h
det
ail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3)
y
ears after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) A
ccess to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated represen tative s
dur
ing the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records relat ed to the grant -funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period includi ng
t
hose maintained by subcontractors. Access to program records will be made available by both the gr
antee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. All funds received by the Grantee shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail.
Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.
B. Federal Audit Requirement: Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. See Exhibit A: Scope of Work, Section 8. Audit, for federal audit requirements.
C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
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6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: Byrne SCIP Cohort 2 Request for Proposal and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal
.
8. T
ERMINATION
A. Thi s Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:
Byrne SCIP Cohort 2 Request for Proposal and Attachment 2: Byrne SCIP Cohort 2 Gran t
P
roposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the
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instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or t he expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensati on
G
overnment Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agr eement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days followi ng
t
he date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.
9. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
FY 2022-2023 Byrne SCIP Federal Conditions
1. C
ompliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and r
equirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Titl e
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
2. C
ompliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
3. A
pplicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to O
JP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
R
ecord retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the dat
e of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
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provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
4. E
ffect 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 promptl y
addr
ess outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
5. R
equirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on
behal
f 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 t o
t
he 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).
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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.
6. E
mployment eligibility verification for hiring under the award
1. The
recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be
i
nvolved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C.
P
rovide training (to the extent necessary) to those persons required by this condition to be not
ified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D.
A
s part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. M
onitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. A
llowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. R
ules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient)
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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. E
mployment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C.
"
United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin I
slands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. N
othing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise i
mposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
7. O
JP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding P
rinciples for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
8. R
equirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to us
e the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
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9. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (
as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
10. C
ompliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
estrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written appr
oval of OJP.
11. C
ompliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in c
ertain "education programs."
12. P
otential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the D
OJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
13. R
equired training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 day
s after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award c
hanges during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters
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updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
14. C
ompliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
15. R
equirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant- funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
16. C
ompliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable l
aws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
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appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
17. R
equirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within t he
t
imeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
18. R
equirement to disclose whether recipient is designated "high risk" by a federal grant-making agenc
y outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the r
ecipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the r
ecipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
19. C
ompliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be post ed
during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
20. E
ncouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While D
riving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while dr
iving any vehicle during the course of performing work funded by this award, and to establish w
orkplace safety policies and conduct education, awareness, and other outreach to decrease c
rashes caused by distracted drivers.
21. R
estrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
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department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. I
n accepting this award, the recipient--
a. r
epresents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abus e
as
described above; and
b. c
ertifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a.
i
t represents that--
(1) i
t has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2)
i
t has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. i
t certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
22. R
eclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled
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"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
23. S
pecific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
24. R
equirements pertaining to prohibited conduct related to trafficking in persons (including r
eporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking i n
per
sons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct- Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to t
rafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
25. R
equirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are bei
ng, or are to be used (in whole or in part) for one or more of the identical cost items for which f
unds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
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agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
26. R
eporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
27. A
ll subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
28. R
equirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award M
anagement (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information i
n SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first- tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
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System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
29. R
estrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the r
ecipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by t he
r
ecipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an ex
ception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
30. FFA
TA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier s
ubrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which der
ive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,
000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in hi
s or her name).
31. C
ooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
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documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
32. R
equired monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable s
tatutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include t
he 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 benef
its attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
33. U
se of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in ac
cordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
34. J
ustice 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. A
voidance 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 betw een
j
urisdictions, such systems shall employ, to the extent possible, existing networks as the c
ommunication backbone to achieve interstate connectivity, unless the recipient can dem
onstrate to the satisfaction of BJA that this requirement would not be cost effective or would i
mpair the functionality of an existing or proposed IT system.
36. C
ompliance 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 appl
icable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its
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discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R.
Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
37. P
rotection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human researc h
s
ubjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
38. C
onfidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelati on
of
data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
39. The aw
ard recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
40. The r
ecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
41. A
ny Web site that is funded in whole or in part under this award must include the following s
tatement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a v
isitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
42. A
ny written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements:
"This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, t he
N
ational Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the O
ffice for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the
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U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.
43. J
ustification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
44. The r
ecipient 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 ac
cept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
45. S
ubmission 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 availabl e
t
o (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
46. The r
ecipient understands and agrees that no more than 10 percent of the total amount of this award may be used by the recipient for direct costs associated with administering the award.
47. The r
ecipient may not obligate, expend, or draw down funds for subawards until BJA provides explicit written approval of the proposed subaward. Prior approval for all subawards must be obt
ained post-award, through the submission and approval of a Grant Award Modification (
GAM) through OJP’s JustGrants system.
48. A
pplicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe
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Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S.
Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.
49. B
ody armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at
any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links locat ed
on t
he NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
50. The r
ecipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
51. I
n 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 pr
ovisions 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 s
peech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
52. C
ompliance 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 t he
aw
ard, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
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a. N
ew 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.
I
mplementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
53. "
Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination pr
ovisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with appl
icable 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 documentati on
av
ailable for review.
The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.
54. R
egarding medication-assisted treatment (MAT), the award recipient understands and agrees to t
he following: 1) all clients in a BJA-funded drug court have a right to access MAT under the c
are and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug
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courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904.
55. A
ll BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA’s and National Association of Drug Court Professionals’ (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement.
56. The r
ecipient understands and agrees to operate any behavioral health crisis care program funded under this award in accordance with the Substance Abuse and Mental Health Services Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care- 02242020.pdf.
57. E
xtreme risk protection programs funded under this award must include, at a minimum: pre- deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbias ed
adj
udicator, the right to know opposing evidence, the right to present evidence, and the right to c
onfront adverse witnesses; the right to be represented by counsel at no expense to the gov
ernment; 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 inadmissibl e
hear
say, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
58. The r
ecipient understands and agrees that it must form a diverse Crisis Intervention Advisory Board to inform and guide the state’s related gun violence reduction programs/initiatives. The
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Board must include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel. The program and budget plans must be developed in coordination with and with demonstrated approval from the Crisis Intervention Advisory Board prior to submission for BJA review, and advisory board approval will also be required for any subsequent changes to the project’s scope or budget.
59. The r
ecipient is authorized to incur obligations, expend, and draw down funds in an amount not to exceed $20,000, for the sole purpose of developing the program and budget plans in coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur any additional obligations or make any additional expenditures or drawdowns until (1) the r
ecipient submits program and budget plans that were developed in coordination with and demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award Condition Modification (ACM) releasing this award condition.
60. The r
ecipient understands and agrees that it must (1) subaward at least 40% of the award amount to units of local government in order to meet the Local Pass-through, and (2) subaward addi
tional amounts identified by BJA to state courts that provide criminal justice and civil justice services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to s
uch jurisdictions. Additional details on both of these pass-through requirements is available in t
he BJA FY 2022 - 2023 Byrne State Crisis Intervention Program Formula Solicitation.
61. Li
mit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waiv ed on an
i
ndividual basis at the discretion of the OJP official indicated in the program announcement under which this award is made.
62. R
ecipient 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 t
he 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 informati on
on c
ertain 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
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https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
63. W
ithholding - Certification with respect to Federal taxes - award exceeding $5 million (updated A
ug. 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.
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FY 2024 Byrne SCIP Federal Conditions
1. M
eaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and ac
tivities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LE
P. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https://www.federalregister.gov/d/02-15207) and is incorporated by reference here.
2. C
ompliance with general appropriations-law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
estrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.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.
3. R
equirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by
the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to
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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.
4. E
ffect 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 addr
ess outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
5. A
pplicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to O
JP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
R
ecord retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the dat
e of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C
.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
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6. 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.
7. C
ompliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requi
rements 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.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood- organizations.
I
n certain instances, a faith-based or religious organization may be able to take religion into ac
count when making hiring decisions, provided it satisfies certain requirements. For more i
nformation, please see
https://www.ojp.gov/funding/explore/legaloverview2024/civilrightsrequirements.
8. R
equirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to us
e the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its
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election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
9. C
ompliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable l
aws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/
or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appear
s in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward R
equirements" in the "DOJ Grants Financial Guide").
10. R
equirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within t he
t
imeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
11. C
ompliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
12. C
ompliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
13. D
etermination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (
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
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the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
14. R
equirement to disclose whether recipient is designated "high risk" by a federal grant-making agenc
y outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the r
ecipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the r
ecipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
15. E
mployment eligibility verification for hiring under the award
1. The
recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be
i
nvolved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C.
P
rovide training (to the extent necessary) to those persons required by this condition to be not
ified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D.
A
s part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to
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compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. M
onitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. A
llowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. R
ules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. E
mployment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "
United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin I
slands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. N
othing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwis e
i
mposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].
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Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
16. E
ncouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While D
riving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while dr
iving any vehicle during the course of performing work funded by this award, and to establish w
orkplace safety policies and conduct education, awareness, and other outreach to decrease c
rashes caused by distracted drivers.
17. R
eclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), includi ng
m
any 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 t
hat has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to t
hat 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.
18. R
estrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwis e
r
estricts, 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 i
nformation), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified i
nformation.
1. I
n 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. c
ertifies that, if it learns or is notified that it is or has been requiring its employees or
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contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a.
i
t represents that--
(1) i
t has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) i
t has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b.
i
t certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
19. O
JP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding P
rinciples for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
20. S
pecific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-
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award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
21. R
equirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are bei
ng, or are to be used (in whole or in part) for one or more of the identical cost items for which f
unds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agenc
y (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 G
rant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
22. R
equired training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120
day
s after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award c
hanges during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on
grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the r
ecipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
23. C
ompliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable pr
ovisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified c
ircumstances, 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.
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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.
24. R
equirements pertaining to prohibited conduct related to trafficking in persons (including r
eporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking i n
per
sons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct- Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
25. P
otential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the D
OJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
26. R
equirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A- 130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an ac
tual breach, or the detection of an imminent breach.
27. R
equirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award M
anagement (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information i
n SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first- tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
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System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
28. C
ompliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at
https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
29. R
estrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the r
ecipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by t he
r
ecipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an ex
ception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
30. A
ll subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site
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at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
31. C
ompliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable r
equirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in c
ertain "education programs."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination r
equirements.
32. FFA
TA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tie r
s
ubrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which der
ive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,
000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
33. C
ooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, includi ng
doc
umentation 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).
34. R
equired monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable s
tatutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include t
he applicable conditions of this award in any subaward. Among other things, the recipient is
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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.
35. U
se of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance w
ith 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.
36. J
ustice 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 c
ompliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
37. A
voidance 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 betw een
j
urisdictions, such systems shall employ, to the extent possible, existing networks as the c
ommunication backbone to achieve interstate connectivity, unless the recipient can dem
onstrate to the satisfaction of BJA that this requirement would not be cost effective or would i
mpair the functionality of an existing or proposed IT system.
38. C
ompliance 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 b e
appl
icable. 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 oc
cur, 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.
39. P
rotection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research s
ubjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
40. C
onfidentiality of data
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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.
41. The aw
ard recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
42. The r
ecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
43. A
ny Web site that is funded in whole or in part under this award must include the following s
tatement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a v
isitor may access or use a Web-based service, including any pages that provide results or outputs from the service:
"This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S.
Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Fundi ng and
Fe
deral Disclaimer," to the full text of the statement.
44. A
ny written, visual, or audio publications funded in whole or in part under this award, with the ex
ception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of
Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMAR T
O
ffice. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publicati on
a
ctivities.
45. J
ustification 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.
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46. 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 t he
i
ndividual has the requisite legal authority.
47. B
ody armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at
any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on t
he NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
48. The r
ecipient 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.
49. I
n 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 pr
ovisions 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 s
peech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
50. "
Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination pr
ovisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with appl
icable 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 documentati on
av
ailable 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
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condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.
51. R
egarding medication-assisted treatment (MAT), the award recipient understands and agrees to t
he following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and pr
escription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be per
mitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904.
52. A
ll BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA�s and National Association of Drug Court Professional�s (
NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement.
53. The r
ecipient understands and agrees to operate any behavioral health crisis care program funded under this award in accordance with the Substance Abuse and Mental Health Services Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care- 02242020.pdf.
54. C
ompliance 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 t he
aw
ard, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. N
ew construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically
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sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A
renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (
a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
55. ubm
ission 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 availabl e
t
o (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 det
ermination regarding this condition.
56. The r
ecipient understands and agrees that no more than 10 percent of the total amount of this award may be used by the recipient for direct costs associated with administering the award.
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57. The r
ecipient may not obligate, expend, or draw down funds for subawards until BJA provides explicit written approval of the proposed subaward. Prior approval for all subawards must be obt
ained post-award, through the submission and approval of a Grant Award Modification (GAM) through OJP’s JustGrants system.
58. E
xtreme risk protection programs funded under this award must include, at a minimum: pre- deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbias ed
adj
udicator, the right to know opposing evidence, the right to present evidence, and the right to c
onfront adverse witnesses; the right to be represented by counsel at no expense to the gov
ernment; 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 C
onstitution of the United States, including but not limited to the Bill of Rights, and the s
ubstantive 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.
59. E
RPO Certification
Byrne SCIP recipients who plan to use funding to support ERPO programs must submit a principal legal officer signed Certification Relating to Pub. L. No. 90-351, Title I, Sec. 501(a)(1)(I)(iv) (Extreme-Risk Protection-Order Programs), certifying that the extreme risk protection-order program to be funded satisfies each of the listed requirements prior to the us e
of
grant funds for ERPO programs.
60. The r
ecipient understands and agrees that it must form a diverse Crisis Intervention Advisory Board to inform and guide the state’s related gun violence reduction programs/initiatives. The Board must include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel. The program and budget plans must be developed in coordination with and with demonstrated approval from the Crisis Intervention Advisory Board prior to submission for BJA review, and advisory board approval will also be required for any subsequent changes to the project’s scope or budget.
61. The r
ecipient understands and agrees that it must (1) subaward at least 40% of the award amount to units of local government in order to meet the Local Pass-through, and (2) subaward addi
tional amounts identified by BJA to state courts that provide criminal justice and civil justice services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to
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such jurisdictions. Additional details on both of these pass-through requirements is available in the applicable fiscal year's Byrne State Crisis Intervention Program Formula Solicitation.
62. The r
ecipient is authorized to incur obligations, expend, and draw down funds in an amount not to exceed $20,000, for the sole purpose of developing the program and budget plans in coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur any additional obligations or make any additional expenditures or drawdowns until (1) the r
ecipient submits program and budget plans that were developed in coordination with and demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award Condition Modification (ACM) releasing this award condition.
63. Li
mit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waiv ed on an
i
ndividual basis at the discretion of the OJP official indicated in the program announcement under which this award is made.
64. R
ecipient 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 t
he 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 c
ertain 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 h
ttps://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
65. W
ithholding - Certification with respect to Federal taxes - award exceeding $5 million (updated A
ug. 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
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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.
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BSCC Powered by Submittable
Title
San Mateo Police Department
by
Matt Lethin
in
Byrne State Crisis Intervention Program (Cohort 2)
[email protected]
04/07/2025
id. 50206334
Original Submission
04/07/2025
Score
n/a
The Byrne State Crisis Intervention Program (Byrne SCIP) Grant Application is divided into four sections as identified below: Background Information Contact Information Proposal Narrative and Budget Mandatory Attachments Each section
has a series of questions that require a response.
Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions labeled "required" in red require responses. Applicants will not be able to submit the Byrne SCIP Grant Application until all questions marked "required" have been completed. Applicants may reference the Byrne SCIP Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the Grant Program Application. The Byrne SCIP Instruction Packet is available on the BSCC website at the Byrne SCIP website . NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.
SECTION 1 - BACKGROUND
INFORMATION
This section requests information about the project name and location, federal identification, funding requested, and an overview of the project.
Applicant Name
San Mateo Police Department
Applicant's Physical Address
200 Franklin Pkwy
San Mateo
CA
94403
US
37.542164
-122.291855
Applicant's Mailing Address
(If different than physical
address)
Mailing Address for Payment
200 Franklin Pkwy
San Mateo
CA
94403
US
37.542164
-122.291855
Federal Employer ID
94-6000422
Unique Entity Identifier (UEI)
R92YFGVKF6B4
Funding Category
Large Scope ($500,001 to $1,000,000)
Lead Public Agency
San Mateo Police Department
Project Title
Project SAFEGUARD (Schools and Families Engaged for Gun Use Awareness and Risk Detection) Program Purpose Areas
(PPA)
Applicants are required to apply for the Program Purpose Areas (PPA) and Related Program Activities identified in the Byrne SCIP Instruction Packet (Page 8-10).
Three PPAs are identified: PPA 1: Communication, Education, Outreach, and Public Awareness
PPA 2: Referrals to Community-based Services for People in Crisis PPA 3: Funding for Law Enforcement Crisis Intervention Programs or Initiatives Applicants are required to address a minimum of one Program Purpose Area and one corresponding Related Program Activity. Applicants are not required to address each PPA or Program Activity.
Communication, Education,
Outreach, and Public
Awareness (PPA 1)
Publication of best practices regarding Extreme Risk Protection Orders Outreach to raise public awareness about Extreme Risk Protection Orders Referrals to Community-
based Services for People in
Crisis (PPA 2)
Pre-arrest law enforcement and first responder deflection Behavioral threat assessment programs and related training De-escalation training for law enforcement, first responders and other justice practitioners Related law enforcement-based programs, training, and technology, focused on crisis intervention Funding for Law Enforcement
Crisis Intervention Programs
or Initiatives (PPA 3)
Training for school resource officers on identifying youth at risk for firearm violence Data collection, analysis, and strategic planning to address community gun violence Proposal Summary
To reduce gun violence, San Mateo Police Department seeks funding for Project SAFEGUARD (Schools and Families Engaged for Gun Use Awareness and Risk Detection), where a full-time Youth Service Officer (YSO) will serve as Threat of Gun Violence Expert. This YSO will investigate threats of gun violence at schools, lead crisis interventions, and connect at- risk youth to services as well as coordinate public outreach to raise awareness about Extreme Risk Protection Orders.
Funding is also requested for patrol officers and dispatchers to receive crisis intervention and de-escalation training, supporting a prevention-based public safety strategy for San Mateo.
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SECTION 2 - CONTACT
INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Officer for Signature.
Project Director
Matt
Lethin
Project Director's Title with
Agency/Department/Organization
Police Captain
Project Director's Physical
Address
200 Franklin Pkwy
San Mateo
CA
94403
US
37.542164
-122.291855
Project Director's Email
Address
[email protected]
Project Director's Phone
Number
+16505227663
Financial Officer
Tricia
Toomey
Financial Officer's Title with
Agency/Department/Organization
Business Manager
Financial Officer's Physical
Address
200 Franklin Pkwy
San Mateo
CA
94403
US
37.542164
-122.291855
Financial Officer's Email
Address
[email protected]
Financial Officer's Phone
Number
+16505227623
Day-To-Day Program
Contact
Kimber
Joyce
Day-To-Day Program
Contact's Title with
Agency/Department/Organization
Lieutenant
Day-To-Day Program
Contact's Physical Address
200 Franklin Pkwy
San Mateo
CA
94403
US
37.542164
-122.291855
Day-To-Day Program
Contact's Email Address
[email protected]
Day-To-Day Program
Contact's Phone Number
+16505227658
Day-To-Day Fiscal Contact
Julie
Dalton
Day-To-Day Fiscal Contact's
Title with
Agency/Department/Organization
Administrative Technician
Day-To-Day Fiscal Contact's
Physical Address
200 Franklin Pkwy
San Mateo
CA
94403
US
37.542164
-122.291855
Day-To-Day Fiscal Contact's
Email Address
[email protected]
Day-To-Day Fiscal Contact's
Phone Number
+16505227612
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Name of Authorized Officer* Ed
Barberini
Authorized Officer's Title with
Agency/Department/Organization
Police Chief
Authorized Officer's Physical
Address
200 Franklin Pkwy
San Mateo
CA
94403
US
37.542164
-122.291855
Authorized Officer's Email
Address
[email protected]
Authorized Officer's Phone
Number
+16505227600
Authorized Officer
Assurances
checked
SECTION 3 - PROPOSAL
NARRATIVE AND BUDGET
This section requests responses to the Rating Factors identified in the the Byrne SCIP Instruction Packet.
Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the Byrne SCIP Grant Instruction Packet (refer to pages 20-25). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at
1.5-line spacing. The Project Description narrative may not exceed 8,948 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately four (4) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Data Collection and Evaluation narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit." Applicants will be prohibited from submitting the Byrne SCIP Grant Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section. However as a guide, the percent of total point value for each section is provided in the Byrne SCIP Instruction Packet (refer to page 22).
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Project Need
1.1 Between 2020 and 2024, 51 of every 100,000 American students were exposed to a school shooting—a threefold increase from the early 2000's.
Lockstep coordination among community providers is crucial to supporting a “Proactive Prevention” strategy that identifies and addresses crisis intervention needs before escalation leads to tragedy. As the number and severity of threats to school communities rise, coordinated and proactive prevention is essential.
In San Mateo, cross-sector partnerships are expanding access to social-emotional support, evidence-based prevention programs, and youth enrichment activities. The *United for Youth: Vision 2030* initiative emerged in response to growing youth behavioral health needs, engaging over 20 public and community partners to develop a strategic framework for increasing access to care. The San Mateo Police Department (SMPD) partners closely with San Mateo Public Schools, the San Mateo YMCA, and the Police Athletic League to create a strong web of services that reach vulnerable youth. Youth Service Officers (YSOs) are at the center of these efforts. The department’s two full-time YSOs provide school-based prevention programming during the day and engage with youth and families during afterschool and community events to build connection and trust.
1.2 YSOs and SMPD’s Threat Assessment Team work collaboratively with community partners to identify and support youth at risk before they reach crisis. Their goal is to replace reactive responses with proactive intervention, preventing violence by addressing underlying needs. This strategy works best when there are sufficient YSOs to engage broadly with the student population—building positive relationships and strengthening communication with all youth. A growing number of peer-initiated welfare checks demonstrates the trust and awareness this work fosters. However, the increasing demand for threat investigations and follow-up on tips is pulling YSOs away from their critical prevention activities. This growing imbalance has made it difficult for existing YSO staff to meet the broad needs of both the school district and the wider San Mateo community while effectively responding to threats.
1.3 Despite these efforts, school calls for service have more than doubled in three years—from 535 in 2021 to 1,454 in 2024, based on SMPD Juvenile Crime Report data. Violent threats against schools are also on the rise, with 105 threat- related reports from 2021 through March 2025, currently averaging 5–7 per month. Of these, 70% involved firearms (SMPD Data). Twenty-four led to formal threat assessments, although actual numbers are likely higher due to past reporting limitations.
1.4 SMPD recognizes the importance of expanding crisis intervention and de-escalation training to all officers and dispatchers. While the department has prioritized crisis intervention training (CIT) for patrol officers, a recent wave of new hires has strained training resources. SMPD remains committed to equipping its personnel with the tools to effectively respond to individuals in crisis, but financial constraints and the number of officers needing training mean it could take many years to reach full implementation. In addition, dispatchers—who are often the first point of contact—do not currently receive training at the same level as officers. SMPD has identified a best-practice class that would provide dispatchers with the knowledge and skills to coordinate responses with a focus on prevention and early intervention.
Finally, while SMPD actively promotes awareness about Extreme Risk Protection Orders (ERPOs), public knowledge remains limited. With a strong digital presence—reaching hundreds of thousands of followers—SMPD is well-positioned to lead a multi-pronged awareness campaign combining in-person outreach, traditional media engagement, and social media education. The department sees this as a critical opportunity to raise awareness about the risks of gun violence and the tools available to prevent it.
Project Description
2.1 San Mateo Police Department has established partnership with San Mateo Public Schools, the San Mateo YMCA, and the Police Athletic League to strengthen youth services and connect with vulnerable youth. With the YMCA, two existing YSO’s lead a diversion program, helping youth and their families connect to school-based and community-based mental health services. All potential juvenile cases are reviewed by YSOs, creating an additional opportunity to reroute youth out of the juvenile justice system and into restorative services. YSOs have spent years building trust within the community, establishing positive relationships with youth and families. This promotes a safe and secure school environment in two separate but complementary ways. Youth connect with YSOs when concerned for their peers, allowing outreach and intervention before crisis levels lead to violent consequences. Parents, educators, and administrators reach out to YSOs as well.
In 2016, the San Mateo community initiated 440 calls for service to San Mateo Public Schools, and an astonishing percentage of those calls were in response to real-time crises such as assault and battery and weapons offenses. In 2024, the San Mateo community initiated 691 calls for service to San Mateo Public Schools, and although significantly higher than previous years, most calls for service now represent pre-crisis outreach, allowing YSOs to intervene with resources and support BEFORE assault and battery and weapons offenses take place. This is crucial for supporting the shift from “Reactive Intervention” to “Proactive Prevention,” however the process is time consuming for YSOs.
To address these challenges and protect the youth of San Mateo, SMPD seeks funding for a dedicated full-time YSO, including salary, benefits, and a police vehicle, to serve as the Threat of Gun Violence Expert. This YSO will lead threat investigations, determine credibility, and connect youth at risk of harming themselves or others to appropriate support services. They will receive advanced, expert-level training in threat assessment and will formally participate in the department’s structured, multidisciplinary Threat Assessment Team process. This additional staffing will allow the department’s existing YSOs to refocus on universal school and community-based prevention work, engaging with young people and families and maintaining community trust. This aligns directly to PPA 2, and specifically the activity: Related law enforcement-based programs, training, and technology, focused on crisis intervention for those at risk to themselves or others.
Priority Area and Selection Process: Protecting youth is the top focus of the network of partners that include the San Mateo Police Department, San Mateo Public Schools, the San Mateo YMCA, and the Police Athletic League. All children have the right to a safe school environment, and through YSOs and an active and involved Threat Assessment Team, San Mateo has been able to provide that, identifying and reaching youth in crisis before tragedy. There is no greater priority. Together, the network of providers identified the need for an additional YSO as it has become evident that the time demands of appropriate and necessary threat investigation and resulting youth and family connections to community services are taking away from needed outreach and prevention services in the school and community.
Individuals Served and Services: Youth Service Officers serve all 11,500 students in K-12 schools in the San Mateo-Foster School District and San Mateo Union High School District. Overall, 40.5% of youth are Hispanic or Latino, 25.3% are Asian,
16.9% are White, approximately 15% report as two or more races, and 1% are African American. Over 28% of students are English Language Learners, and 9.9% receive Special Education services. All youth benefit from the prevention,
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outreach, and crisis intervention services delivered by YSOs.
Addressing Disparities and Violence: Adding a full-time YSO to serve as the Threat of Gun Violence Expert on the multi- stakeholder Threat Assessment Team will allow existing YSOs to tighten their focus on outreach, prevention, and being accessible in San Mateo Public Schools, while ensuring comprehensive Threat Assessment efforts are able to prevent violence and support students through school-based and community-based behavioral health services.
Disparities persist, and in 2023-2024, student suspensions and expulsions showcased the need for ongoing prevention and the importance of building positive relationships with vulnerable youth to address disparities. While the overall suspension rate was 4.43%, the rate for English Language Learners was 7.26%, the rate for Students with Disabilities was 8.78%, the rate for Homeless youth was 10%, and the rate for Black or African American students was 10.53%. Although the overall expulsion rate was 0.06%, the Black or African American expulsion rate was reported at 5.26%. (San Mateo High School 2023-2024 School Accountability Report Card).
This data highlights the importance of positive outreach and prevention services. With appropriate staffing levels, YSOs will be able to strengthen relationships with vulnerable youth from populations disproportionately represented in suspension and expulsion statistics. As described above, this is particularly important for English Language Learners, Students with Disabilities, youth experiencing homelessness, and Black or African American youth.
Incorporating Trauma-Informed Care / Cultural Competence: Intentional efforts must be made to address existing disparities related to school-based suspensions and expulsions, as data shows student sub-populations are overwhelmingly more likely to exhibit concerning behaviors. All YSOs, including the new Threat of Gun Violence Expert and the two existing Youth Service Officers, will participate in trainings related to cultural competence and evidence-based trauma-informed care strategies for outreach and crisis intervention. Additionally, 23 officers and dispatchers will complete a 40-hour Crisis Intervention training, an 8-hour Response to Non-Criminal Barricade training, and an 8-hour Practical De-Escalation and Tactics training. An 8-hour Dispatch Priming workshop will be attended by 14 dispatchers and officers, and all YSOs will complete a 12-hour Adolescent Mental Health Training course.
Prioritizing Mental Health Needs and Avoidance of System Involvement: Together, San Mateo Police Department, San Mateo Public Schools, the San Mateo YMCA, and the Police Athletic League are working to divert youth from the juvenile justice system into school-based and community-based behavioral health services and care. As described, all potential juvenile cases are reviewed by YSOs. This allows for real-time threat assessment and creates an additional checkpoint where youth can be rerouted out of the juvenile justice system and into healing services. Adding a full-time Youth Service Officer will increase capacity to divert youth and connect them instead to mental and behavioral health services.
2.2 As required the Project Work Plan has been completed and is included as Attachment B. Please cross-reference.
2.3 As described, Youth Service Officers serve all 11,500 students enrolled in both school districts. Overall, 40.5% of youth are Hispanic or Latino, 25.3% are Asian, 16.9% are White, approximately 15% report as two or more races, and 1% are African American. Over 28% of students are English Language Learners, and 9.9% receive Special Education services. All youth benefit from the prevention, outreach, and crisis intervention services delivered by YSOs. Individuals are connected to additional services as needed, and can self-refer, or be connected through peer, parent, teacher, or community member concern. Additionally, the entire San Mateo community, with a population of over 100,000, will benefit from patrol officers and dispatchers receiving industry-leading training.
2.4 Youth Service Officers are a trusted and positive addition to San Mateo Public Schools. Unlike traditional School Resource Officers, YSOs focus on understanding and improving programs and services for young people, encompassing areas like positive youth development, delinquency prevention, and supporting youth in school and community settings.
YSOs work to reduce stigma connected to accessing mental health services, and to build a foundation of trust, creating a safer school environment. Increased demands for Threat Assessment efforts have reduced YSO time among students, reducing the impact of prevention services. Adding a full-time YSO focused specifically on Threat Assessment will overcome this challenge and ensure appropriate staffing.
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Project Organizational
Capacity and Coordination
3.1 San Mateo Police Department (SMPD) is an experienced grantee, managing funding streams at the local, state, and federal level. As such, the policies and procedures to effectively manage and implement this initiative are already in place.
Grant funds are maintained in a separate bank account, and two signatures are required for drawdowns. Administrative services are in place to provide appropriate oversight and support as needed, including a cadre of professionals with decades of experience in cataloging, tracking, and reporting expenses and reimbursement requests for past grants. The Business Manager has decades of experience with intra-city coordination on funding and reimbursement efforts. SMPD has a group of sworn, command-level officers that currently oversee several grants.
Matt Lethin, Captain of the SMPD’s Support Services Division, will serve as Project Director, responsible for staff oversight and ensuring all project monitoring and budgetary reports are completed accurately and on time.
SMPD will contract with an External Evaluation firm to conduct regular, ongoing assessment of qualitative and quantitative data measures. The continuous improvement feedback loop will enable SMPD to make data-driven decisions to ensure the initiative remains on track to achieve benchmarks on time and within budget. Captain Lethin will work with the External Evaluation firm.
In coordination with the External Evaluator, SMPD will collect and submit regular performance data as determined by OJP, to document how funds are being used, areas of success, and potential areas for improvement. Data sets will help SMPD identify any needs for training or technical assistance and will showcase gaps or weaknesses that can be addressed through program modifications.
3.2 Prevention and Threat Assessment activities are conducted in coordination with a network of stakeholders, including:
SMPD, San Mateo Public Schools, the San Mateo YMCA, and the Police Athletic League. These partners have provided Letters of Support, which are attached (please cross-reference). As a functioning partner network that has been serving the community for years, communication strategies are well-defined and active. Formal meetings are held quarterly.
Additionally, each network agency is represented on the Threat Assessment Team, coordinating appropriate responses to student-level issues when they arise. YSOs and the Threat Assessment Team work tirelessly within the network of community providers to identify vulnerable youth before they reach crisis and connect them to support. In truth, YSOs and the Threat Assessment Team investigate dozens of incidents and tips each year.
SMPD: Provides YSOs for prevention and Threat Assessment, provides comprehensive diversion opportunities, provides law enforcement response.
San Mateo Public Schools: Supports an anonymous tip line, provides K-12 prevention programming, leads Restorative Justice programming, offers school-based mental health services, conducts extensive family outreach.
San Mateo YMCA: Provides community-based behavioral health services to support diversion efforts, provides community- based positive youth development programming.
Police Athletic League: Provides community-based positive youth development programming.
All network members are able to refer youth and families to YSO support and the Threat Assessment Team to coordinate appropriate community and school-based behavioral health and wraparound services.
3.3 The needed network is already established and operating. Hiring efforts will begin immediately and the new YSO position will be filled within six weeks. All partners are already in place, and the network is ready to “hit the ground running.”
3.4 SMPD will work in coordination with network members, however as the Lead Fiscal Agent, all final decisions regarding grant implementation will be the responsibility of SMPD. This will include oversight of the new YSO. This position will be a full-time employee of SMPD, and under the direct supervision of Captain Matt Lethin.
Qualitative and quantitative data gathered by the Project Director and the External Evaluation firm will be reviewed quarterly by representatives from all network member agencies. This will allow real-time responses to any identified gaps or weaknesses, a strategy long employed by SMPD to ensure grant-funded activities are able to meet goals and objectives on time and within budget.
Project Data Collection and
Evaluation
4.1 As an experienced grantee, San Mateo Police Department is adept at operating implementation monitoring and data reporting activities. A longstanding relationship with RDA Consulting, a local professional evaluation firm, has allowed SMPD to routinely meet all reporting deadlines. RDA Consulting works hand-in-hand with the identified Project Director, a role to be filled by Captain Lethin for this initiative. Together, RDA Consulting and the Project Director will review data monthly and produce quarterly reports that are disseminated to SMPD leadership and project partners. This enables real-time data snapshots and enables nimble responses to changing circumstances to ensure attainment of stated goals and objectives.
Baseline data will be gathered in the first six weeks of project implementation. Monthly data pulls will then begin.
4.2 The overall goal of the initiative is: To strengthen the capacity of SMPD to provide focused crisis intervention for youth at risk to themselves or others. As shown in the Project Workplan included as Attachment B, objectives include:
1. Beginning Month 3 and measured monthly, the new Threat of Gun Violence Expert YSO will lead at least 80% of follow-up investigations on behalf of the Threat Assessment Team.
2. Beginning Month 3 and measured monthly, existing YSOs will dedicate less than 15% of their time to follow-up investigations on behalf of the Threat Assessment Team.
3. Beginning Month 3, officers from the group of 23 newly hired officers and dispatchers will be registered for the desired training.
Data elements to be collected will include: Number of threats submitted to Threat Assessment Team, response to threat, staff assigned to threat follow-up investigation, YSO time dedicated to prevention and outreach, number of officers and dispatchers receiving training.
4.3 The Project Director will be responsible reviewing YSO weekly logs and Threat Assessment Team meeting minutes to gather needed data sets. This data will be submitted to the External Evaluation firm, RDA Consulting, monthly for cursory review, mainly to identify any potential transcription errors. In-depth reviews will be conducted quarterly. All network members have data sharing agreements already in place, however, as a member of the Threat Assessment Team and the staff responsible for YSO supervision, Captain Lethin has full access to required data sets.
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Budget Instructions
Applicants are required to submit a Proposal Budget and Budget Narrative (Attachment A). Upon submission, the Budget Attachment will become Section 5: Proposal Budget (Budget Tables and Narrative) making up part of the official proposal.
The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Tables and Narrative. The grant budget must cover the entire grant period. Funding information is available on pages 11-12 a of the Byrne SCIP Instruction Packet.
For additional guidance
related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand- alone document on the BSCC website at the Byrne SCIP website. (Please do not use the sample template in the Byrne SCIP RFP Instruction Packet, which is provided on pages 52-58 for reference only.) Byrne SCIP Budget and Budget Narrative (Attachment A)
ATTACHMENT-A-Byrne-SCIP-Cohort-2-Budget-Attachment.xlsx OPTIONAL: Bibliography
Panchal, N., & Zitter, S. (2025, March 18). Examining school shootings at the national and state level and mental health implications. KFF. https://www.kff.org/mental-health/issue-brief/examining-school-shootings-at-the-national-and-state-level- and-mental-health-implications/
San Mateo County Office of Education. (n.d.). United for Youth: Blueprint for youth well-being [PDF]. https://www.smcoe.org/assets/files/About_FIL/Coalition%20for%20Safe%20Schools%20and%20Communities/United%20for%20Youth%20summary.pdf San Mateo High School. (2024). 2023-2024 School Accountability Report Card. San Mateo Union High School District. https://resources.finalsite.net/images/v1737660084/smuhsdorg/bftg3e4ibd30lctv3m9v/2024SARC-SanMateo.pdf SECTION 4 - MANDATORY
ATTACHMENTS
This section lists the attachments that are required at the time of submission. Project Work Plan (Attachment B) Criteria and Assurance for NGOs that Receive BSCC Grant Funds as a Subcontractor (Attachment C) Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment D) Governing Board Resolution or Other Proof
of Signing Authority – (not required at time of submission; however, must be submitted if awarded grant funds.) (Attachment E)
Project Work Plan (Attachment B)
ATTACHMENT-B-Byrne-SCIP-Cohort-2-B-Project-Work-Plan.docx Criteria and Assurance for NGOs that Receive BSCC Grant Funds as a Subcontractor (Attachment C)
Attachment_C_-_SMPD_-_signed.pdf
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment D) Attachment_D-agreement_-_SMPD_-_signed.pdf
OPTIONAL: Governing Board Resolution or Other Proof of Signing Authority (Attachment E)
SMPD_2025_Byrne_SCIP_Application_-_Letters_of_Support.pdf CONFIDENTIALITY NOTICE:
All documents submitted as a part of the Byrne State Crisis Intervention Grant proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)
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Attachment E-2
1 | Page
Cohort 2 Byrne State Crisis Intervention Program
Project Summaries
1. City of San Mateo (FY 24 Funds) $ 224,131
Pre-BJA Meet re Partial Funding & S&B Calc
Program Purpose Area(s): Communication, Education, Outreach, and Public Awareness (PPA 1); Referrals to Community based Services for People in Crisis (PPA 2); Funding for Law Enforcement Crisis Intervention Programs or Initiatives (PPA 3)
Lead Agency: San Mateo Police Department
To reduce gun violence, San Mateo Police Department seeks funding for Project SAFEGUARD (Schools and Families Engaged for Gun Use Awareness and Risk Detection), where a Community Service Officer (CSO) will serve as Threat of Gun Violence Expert. This CSO will investigate threats of gun violence at schools, lead crisis interventions, and connect at risk youth to services as well as coordinate public outreach to raise awareness about Extreme Risk Protection Orders.
Proposed Budget:
Category/Description Budgeted Amount
Salaries & Benefits
Youth Services Unit Community Service Officer $224,131 Professional Services/Independent Contractors
Equipment/Fixed Assets
Other (Travel, Training, etc.)
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Attachment B: Project Work Plan
(1) Goal: To strengthen the capacity of San Mateo County to provide focused crisis intervention for youth at risk to themselves or others.
Objectives (A., B., etc.)
A. Beginning Month 6 and measured monthly, the new Threat of Gun Violence Expert CSO will lead at least 80% of follow- up investigations on behalf of the Youth Services Unit Team.
B. Beginning Month 6 and measured monthly, existing Youth Service Officers will dedicate less than 15% of their time to follow-up investigations on behalf of the Threat Assessment Team.
Project activities/services that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
1. CSO hired to serve as Threat of Gun Violence Expert
2. New CSO leading Threat Assessment follow-up investigations & referrals
3. Existing YSOs leading outreach and prevention.
1. SMPD – Project Director Joyce
2. SMPD – Project Director Joyce
3. SMPD – Project Director Joyce
1. 8.2025
2. 1.2026
3. 1.2026
1. 12.2025
2. 7.2027
3. 7.2027
List the data elements that will be used to measure the extent to which the goal and its objectives are achieved.
Number of threats submitted to Threat Assessment Team, response to threat, staff assigned to threat follow -up investigation & resource referrals, YSO time dedicated to prevention and outreach.
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Grant Funds
$224,131
$0
$0
$0
$0
$0
$0
$0
$224,131
Grant Funds
$26,352
$45,000
$300,000
$224,131
$224,131
Salaries and Benefits Narrative: Provide a brief description for each position to address their role on the grant project.
Grant Funds
$17,500
$0
Services and Supplies Narrative: Provide a brief description for each item that explains how it will be used toward fulfilling grant objectives.
TOTAL
TOTAL
Example: Supportive Services (bus passes, gas cards, etc.) Youth Services Unit Community Services Officer at .75 FTE. $155,000 annually ($95,000 salary, $60,000 benefits). CSO will serve as the Threat of Gun Violence Expert on the Threat Assessment Team to establish the credibility of each threat and lead crisis intervention, connecting youth at risk to themselves or others to appropriate community services (PPA 2).
MOD x APPROVAL DATE:
2. Services and Supplies
Description of Services or Supplies Calculation for Expenditure $350 x 50 Participants
Example (FTE): Housing Navigator
Youth Services Unit Community Service Officer (CSO)
1.00 FTE @ $75,000 (Year 1) +@$80,000 (Year 2) + @ $85,000 (Year 3) + benefits @ 25% = @60,000
.75 FTE @ $155,000 annnually (inclusive of benefits)
3. NGO Subcontractors Providing Services
4. P
rofessional Services/Independent Contractors
5. P
ublic Agency Subcontractors
Title
Example (Hourly): Fiscal Manager
Example (FTE): Counselor
1. Salaries and Benefits
6. Equipment/Fixed Assets
7. Other (Travel, Training, etc.)
8. Indirect Costs
TOTAL
(% FTE or Hourly Rate) & Benefits
$60/hour x 10 hours/month x 3 years = $21,600 + benefits @ 22% = $4,752 .25 FTE @ $60,000 x 3 years = $45,000
State Crisis Intervention Program (SCIP) Cohort 2Project Budget and Budget Narrative Name of Applicant: San Mateo Police Department
Note: This table will auto-populate based on the information entered in the sections below.
Budget Line Item
1. Salaries and Benefits
2. Services and Supplies
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Name of NGO Subcontractor Grant Funds
$11,250
$0
Description of Subcontract Grant Funds
$0
Name of Public Agency Grant Funds
$292,500
$0
MOD x APPROVAL DATE:
Public Agency Subcontracts Narrative: List each public agency that will receive grant funds. Provide a brief description of the services that will be provided.
TOTALS
Example: River County Behavioral Health Services 0.75 FTE Behavioral Health Specialist @ $100,000 = $75,000 x 3 years = $225,000 + 30% benefits =
Calculation for Expenditure
Professional Services/Independent Contractors Narrative: List each Professional Services/Independent Contractors (includes evaluators, accountants, bookkeepers, grants management, training, technical assistance, etc.) Provide a brief description of the services that will be provided.
MOD x APPROVAL DATE:
5. Public Agency Subcontracts
TOTALS
4. Professional Services/Independent Contractors
Example: XYZ Evaluation Services
Calculation for Expenditure
$XXXX per month for data collection and evaluation services.
NGO Subcontracts Narrative: List each NGO subcontractor that will be providing direct services. Provide a brief description the the services that will be provided.
MOD x APPROVAL DATE:
TOTAL
MOD x APPROVAL DATE:
3. Non-Governmental Organization (NGO) Subcontracts
Example: Private Industrial Council
Calculation for Expenditure
Training Class $450 x 25 participants
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Description of Equipment/Fixed Asset Calculation for Expense Grant Funds Example: Purchase of Vehicle Toyota Prius @ Market Value $50,000 TOTAL $0
Grant Funds
Example: Staff Trainings $2,500
$0
Grant Funds
15.00% $224,131 $33,620
10% $224,131 $22,413
$0
Indirect Costs Narrative:
MOD x APPROVAL DATE:
TOTAL
If the applicant does not have a federally approved indirect cost rate, the applicant may claim indirect costs using the Federal De Minimis, 15% of Modified Total Direct Costs (calculated as 15% multiplied by total direct costs, minus equipment, plus up to the first $50,000 of each subcontract) *If the amount entered in H277 turns red, please adjust it to not exceed the line item limit noted in G277
If the applicant has a federally approved indirect cost rate, may claim indirect costs up to the organization's federally approved indirect cost rate.
*If the amount entered in H278 turns red, please adjust it to not exceed the line item limit noted in G278
Description
Other (Travel, Training, etc.) Narrative: Provide a brief explanation for how each item listed above will contribute toward fulfilling grant objectives. Please budget for one 2- day trip to Sacramento for 3-5 key grant team members.
MOD x APPROVAL DATE:
TOTAL
8. Indirect Costs
For this grant program, indirect costs may be charged using only one of the two options below:
7. Other (Travel, Training, etc.)
Calculation for Expense
$500/per training x 5 staff
Equipment/Fixed Assets Narrative: List any equipment or fixed assets that will be purchased with grant funds and provide a brief description for each item that explains how it will be used toward fulfilling grant objectives.
MOD x APPROVAL DATE:
6. Equipment/Fixed Assets (items costing $3,500 or more per item; see #5 in the instructions)
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City of San Mateo
BSCC 1355-25