Supporting Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program
SUBAWARD (“MICRO-GRANT”) AGREEMENT BETWEEN
Vernon Police Department
And
SUBAWARD INFORMATION
Name: Vernon Police Department
Address: 4305 South Santa Fe Avenue
Vernon, CA
90058
Award Number 45369259
Federal Identification Number 95-6000808
Micro-grantee UEI ZMK4GCEKJ7G3
Program Period: Start Date - End Date 01/01/2023-12/31/2025 Total Amount of the Federal Award $ 94,000.00
Match Amount $ 94,000.00
By signing this document, you agree to accept and comply with the award requirements including award conditions, assurances and certifications that were presented within the application portal and the associated attachments, as well as any additional requirements or conditions imposed subsequent to the program start date of this award by DOJ, OJP or JSS on Vernon Police Department. These conditions apply during the project period. These requirements encompass financial, administrative, and programmatic matters, including specific restrictions on use of funds in the approved budget.
In addition to the specified award conditions, the micro-grantee also agrees to abide by the general Federal award conditions accepted by the prime award agency, Justice & Security Strategies, Inc. which can be found at the following link: https://www.srtbwc.com/wp-content/uploads/2022/03/SRT-BWC-Micro-Grantee-Award-Special- Conditions.pdf.
Should Vernon Police Department accept the award and then fail to comply with an award requirement, JSS, on behalf of DOJ, will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE
Dr. Shellie Solomon, CEO, Justice & Security Strategies, Inc. 1835 E Hallandale Beach Blvd #387, Hallandale Beach, FL 33009 [email protected], 888-235-0565
Typed Name and Title of Authorized Subrecipient Official Signature of Approving Official Signature of Authorized Subrecipient Official Date: Date:
Federal Award Number: 2020-BC-BX-K001, October 1, 2020, C.F.D.A. No: 16.835. Federal Award Project Description: The Fiscal Year 2022 Supporting Small and Rural Agency Body-Worn Camera Policy and Implementation Program (SRA-BWC) will provide funding and program development support to small and rural agencies that intend to initiate expanded body-worn camera programs. The provider will be responsible for designing and administering a competitive funding solicitation that distributes micro-grants to qualified small and rural agencies to implement a body-worn camera program. They will also identify the needs of micro-grantee agencies and deliver standard and customized training and technical assistance (TTA) to those agencies. This is not a research and development grant.
This project was supported by Grant No. 2020-BC-BX-K001 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 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 U.S. Department of Justice.
DocuSign Envelope ID: FD9707C6-EB93-46C2-86C3-B3800FC1AB5C 1 Attachment A: Award Specific Requirements
1) Body-worn Camera (“BWC”) Policy Review Required in Order to Receive Funding: Micro-grantee is required to successfully demonstrate that they have developed BWC policies that are purposeful, comprehensive, and deliberately designed and acceptable to DOJ’s Office of Justice Programs (OJP) and JSS. All funding except 10% of the total award amount under this micro-grant will be held until Micro-grantee’s BWC policy is approved in writing by JSS.
a) If Micro-grantee already developed a BWC policy, JSS must review and approve the policy, and Micrograntee’s executive officers must certify that their policy was developed in a comprehensive, deliberate, and planned manner, and is consistent with relevant state laws; or b) If Micro-grantee has not yet developed a BWC policy, Micro-grantee must develop a BWC policy as a condition of this micro-grant. Micro-grantee must work with JSS to ensure that policy development is purposeful, comprehensive and deliberate.
2) Monthly Reporting Required: In order to be eligible for reimbursement under this micro-grant, Micro-grantee will be required to submit monthly reports, as well as a final report after the project end date, through the online micro-grant portal no later than dates to be specified by JSS. These reports will require submission of both financial and programmatic information. Micro-grantee must collect and maintain data concerning the work performed under this micro-grant in a manner and timeframes specified by JSS. The financial and programmatic data elements, outputs and outcomes will be outlined by JSS in the online micro-grant portal for this program. 3) Budget and spending restrictions: In addition to all restrictions in funding previously communicated to Micrograntee, specified in the solicitation or budget submission form for this micro-grant, outlined in the special conditions below, or specified in applicable federal law and regulations, Micro-grantee may not use funds from this micro-grant to pay for:
a) Costs associated conferences, including but not limited to costs for hosting, developing, sponsoring, or attending conferences. Important note: Conferences are defined by DOJ to mean “a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non-Federal entity."
b) Costs associated with a website, including software development, updating, programming, design, or otherwise any website-related expense.
c) Any consultant rate in excess of $650 per day unless approved in writing by JSS prior to expenditure. 4) Audit and monitoring:
a) Should Micro-grantee’s audit, if applicable, under Part 2 CFR 200 or related regulations contain findings related to this micro-grant, Micro-grantee understands all payments under this micro-grant may stop until those findings are resolved in a manner approved by JSS.
b) Micro-grantee agrees to comply with all micro-grant monitoring guidelines, protocols, and procedures, and to cooperate with JSS and BJA (including its Office of the CFO) on all grant and program monitoring requests, including:
i. Requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. ii. Providing all documentation requested or otherwise necessary to complete monitoring tasks, by the deadlines set by JSS or BJA.
Failure to cooperate with BJA's or JSS’s grant monitoring activities may result in sanctions affecting Micrograntee’s DOJ awards, including, but not limited to: withholdings and/or other restrictions on access to this or other grant funds; termination of this or other grant awards, referral to the Office of the Inspector General for audit review; designation of Micro-grantee as a DOJ High Risk grantee. 5) Close-out: Micro-grantee will comply with all close-out procedures provided by JSS and submit its final report no later than the date specified by JSS during close-out.
DocuSign Envelope ID: FD9707C6-EB93-46C2-86C3-B3800FC1AB5C 2 Attachment B: Award Specific Requirements
Because your organization’s funding (referred to below as a “subgrant” or “micro-grant”) utilizes OJP funds, DOJ requires your organization to comply with certain federal legal requirements in addition to the requirements of your Micro-grant Agreement with JSS. These additional requirements are:
1) Federal rules that apply to this Subgrant: Micro-grantee is required to comply with the federal rules governing the financial management of federal grants like this Subgrant. These rules are called the Uniform Guidance and can be found at 2 CFR 200. The Uniform Guidance contains requirements about how an organization may spend federal funds, the tracking of receipt and spending of federal funds, and other financial requirements.
For additional details about these requirements, see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
If you have a question or believe there is a conflict between any documents JSS provides you and the Uniform Guidance, contact JSS immediately for clarification.
2) DOJ Grants Financial Guide: Micro-grantee agrees to comply with the requirements of the DOJ Grants Financial Guide and any updates made to this document, which is located at:
https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/DOJ_FinancialGuide_1.pdf. 3) Record retention and access: All micro-grantee records of any kind that relate to this Subgrant must be kept by your organization for 3 years from the date you submit your final report at the end of the Subgrant. Micro-grantee records that relate to this Subgrant means any document, record, or data or any kind whatsoever concerning this Subgrant. This includes but is not limited to: agreements, contracts, purchase orders, receipts, reports, financial documents, computer data, personnel files, and any other paper or document related to this Subgrant in any way.
Also, your organization must provide access to these records to JSS, OJP and other federal inspectors and agencies. For more details about this requirement, please see 2 C.F.R. 200.333. The records you must provide access to include performance measurement information about this Subgrant.
If micro-grantee is eligible and elects to use an indirect cost rate as described in 2 C.F.R. 200.414(f), micro-grantee must advise JSS in writing that it is eligible and elects to use an indirect cost rate. Micro-grantee must comply with all requirements of 2 CFR Part 200 concerning indirect cost rates. The “de minimis” rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 4) Requirement to report potentially duplicative funding: If micro-grantee currently has other active federal grants, or if micro-grantee receives any other award of federal funds during the period of performance for this micro-grant, micro-grantee promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, micro-grantee must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) and JSS in writing of the potential duplication, and, if so requested by the DOJ awarding agency or JSS, must seek a grant adjustment modification to eliminate any inappropriate duplication of funding. 5) Requirement to report breach of confidential information: Personally Identifiable Information (PII) is information that can be used, by itself or together with other information, to identify someone. The full definition can be found at 2 CFR 200.79. Micro-grantee must have procedures to respond if there is an actual or imminent “breach” of PII if micro-grantee either:
a) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of PII within the scope of an OJP grant-funded program or activity, or
b) uses or operates a "Federal information system," which typically is a database that a federal agency uses.
As a law enforcement agency, micro-grantee’s organization collects and maintains PII. Therefore, micro-grantee must have written procedures on how micro-grantee will respond if there is an actual or imminent breach of PII.
A breach of PII, as defined in OMB M-17-12, means: The loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose.
DocuSign Envelope ID: FD9707C6-EB93-46C2-86C3-B3800FC1AB5C 3 Micro-grantee’s procedures required by this section must include a requirement to report an actual or imminent breach to JSS within 12 hours of when it occurs. This is required so that JSS can report the breach to OJP within 24 hours as legally required by OJP. Micro-grantee must contact JSS immediately using the method specified by JSS and no later than 12 hours if a breach of PII occurs or is about to occur to make sure this gets reported to OJP within 24 hours as required.
6) Subgrants: Micro-grantee is not permitted to award subgrants—also referred to as subawards—with the funds from this Subgrant unless you have written approval from JSS in advance of issuing the subaward. 7) Procurement rule—cannot discriminate against associates of the federal government: When buying any goods or services with funds from this micro-grant (this is known as a “procurement transaction”), micro-grantee must not discriminate against any person or business because of their status as an “associate of the federal government” (or because a person or entity is affiliated or owned by such an associate). A person or entity is an “associate of the federal government” if they are engaged or employed (in the past or at present) by or on behalf of the federal government-as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise-in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future.
8) Human trafficking: Micro-grantee must comply with all U.S. Department of Justice requirements related to trafficking in persons. This includes, but is not limited to, the requirement micro-grantee and its employees must not engage in:
a) Severe forms of trafficking in persons
b) Procurement of a commercial sex act
c) Use of forced labor in the performance of the Subgrant d) Acts that directly support or advance trafficking in persons.
Examples are included in Section B at this website: https://ojp.gov/funding/explore/prohibitedconduct-trafficking Micro-grantee’s full obligations related to prohibited conduct in trafficking in persons can be found at that link above and are incorporated here with this reference. Micro-grantee’s micro-grant can be terminated immediately for violation of these requirements.
9) Rules for trainings developed with funds from this micro-grant: Any training materials micro-grantee develops or delivers with funds from this micro-grant must comply with the Department of Justice OJP training requirements.
These requirements include that:
a) Trainers comply with the law and cannot discriminate. b) The content of the training and the materials must be accurate, relevant, useful and well-matched to the purpose of the training.
c) Trainers must be well-qualified in the subject area. d) Trainers must demonstrate highest standards of professionalism.
Details about these requirements can be found here:
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.html. 10) Compliance with DOJ Regulations pertaining to civil rights and nondiscrimination: Equal Employment Opportunity: Micro-grantee must uphold all requirements for an equal employment opportunity organization. This means it must comply with all applicable requirements of 28 CFR Part 42, relating to civil rights and nondiscrimination and includes the requirements for equal employment opportunity programs provided in 28 CFR 42 Subpart E if Micro-grantee is required to have such a program.
DocuSign Envelope ID: FD9707C6-EB93-46C2-86C3-B3800FC1AB5C 4 As of July 19, 2023, micro-grantees with awards greater than $25,000 must comply with the EEOP requirements.
The Office of Civil Rights no longer accepts or approves sub-recipient Certification/Verification of Exemption Forms. Instead sub-recipients must complete the Verification Forms and Utilization Reports in the EEOP Report Builder found at https://eeop.ocr.ojp.gov/certsub/homepage. Forms must be submitted to JSS through the Grant Application portal prior to receipt of payment.
11) Civil Rights: Nondiscrimination on basis of religion: Micro-grantee must comply with all applicable requirements of 28 CFR 38 regarding nondiscrimination on the basis of religion or religious beliefs. 12) Prohibition on using Subgrant funds for lobbying or influencing government officials: Micro-grantee may not use any of the funds from this Subgrant for lobbying, whether directly or indirectly. Lobbying means supporting or opposing the enactment, repeal, modification or adoption of any law, regulation or policy at any level of government.
See 18 USC 1913 for additional details.
Also, Micro-grantee may not use any of the funds from this Subgrant to pay any person to influence or attempt to influence any federal agency, member of Congress or any of their employees concerning a federal grant, contract, or any other federal award. There are exceptions, including an exception for tribal organizations. See 31 USC 1352 for details.
Contact JSS immediately if you have any questions about this section or whether a specific situation falls within these rules.
13) Duty to report fraud, waste, abuse, and misconduct: Micro-grantee must promptly report to the DOJ Office of the Inspector General (OIG) any credible evidence that any person (whether they work for your organization or not) has (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws of fraud, conflict of interest, bribery, gratuity, or similar misconduct, in connection with funds under this award.
You can report potential fraud, waste, abuse, or misconduct involving or relating to these Subgrant funds 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: Micro-grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Micro-grantee Reporting) at (202) 616- 9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 14) No restriction on reporting fraud, waste or abuse permitted: Micro-grantee may not require any employee or contractor to sign a confidentiality agreement that restricts or bans reporting of waste, fraud or abuse to a federal agency. This does not apply to the federal Standard Forms 312 or 4414 regarding not disclosing certain classified or sensitive information.
If JSS learns that micro-grantee is requiring agreements or statements from its employees or contractors that restrict or prohibit reporting of fraud, waste, abuse or misconduct, JSS is required by law to stop all payments under this micro-grant to micro-grantee.
15) No retaliation for reporting gross mismanagement of federal funds: Micro-grantee may not retaliate against an employee 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. This requires that Micro-grantee comply with applicable provisions of 41 USC 4712.
16) Encouragement to ban text messaging while driving: Micro-grantee is encouraged to adopt and enforce policies banning employees from text messaging while driving and to establish policies and educate its employees to decrease crashes caused by distracted drivers.
17) Requirements if designated “high risk” by a federal agency: If micro-grantee is designated “high risk” by a federal grant-making agency other than DOJ, currently or at any time during the course of this micro-grant, micrograntee must disclose this and any other information requested immediately to JSS at the contact information provided by JSS and to OJP by email at [email protected]. “High risk” includes any status under which a federal awarding agency provides additional oversight due to micro-grantee’s past performance, or other programmatic or financial concerns with the micro-grantee. Micro-grantee’s disclosure must include the following: 1. The federal awarding agency that designates micro-grantee high risk, 2. The date micro-grantee 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.
DocuSign Envelope ID: FD9707C6-EB93-46C2-86C3-B3800FC1AB5C 5 Micro-grantee agrees to comply with all additional requirements imposed by OJP or JSS if micro-grantee is designated as high risk by DOJ or any other federal agency. 18) Copyright and data rights: Micro-grantee acknowledges that OJP has a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use for Federal purposes: (1) any copyrighted work developed under this Subgrant; and (2) any rights of copyright to which Micro-grantee purchased with Subgrant funds.
Micro-grantee acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under this Subgrant; and (2) authorize others to receive, reproduce, publish, or otherwise use this data for Federal purposes.
If Micro-grantee refuses to accept terms affording the Government such rights, JSS is required to report this to OJP and not proceed with an agreement with Micro-grantee.
19) Micro-grantee integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS.
Micro-grantee must comply with all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with either this micro-grant or any other grant, cooperative agreement, or procurement contract from the federal government.
If the total value of micro-grantee’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time, micro-grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the Federal Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or administrative proceedings described in this special condition.
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, “FAPIIS”) within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
20) Verification of employee authorization to work in the United States: This Subgrant requires that your organization take certain steps to ensure that every person whose salary is paid for in any part, no matter how small, with funds from this Subgrant, is eligible to work in the United States. This is a requirement of federal law 8 U.S.C. 1324a(a)(1) and (2). The U.S. Department of Justice requires that you do certain things to comply with this requirement. These things are:
a) Verify that every employee whose salary is paid for in any part, no matter how small, with funds from this Subgrant is eligible for employment in the United States. i. You can do this by completing the federal form I-9 for each employee and checking and making copies of the documents that form requires. You can also do this by using the federal E-Verify system. You can sign up for E-Verify by going to www.e-verify.gov.
ii. For people you are hiring, you must verify their employment eligibility before you hire them. For those already hired, you must verify their employment eligibility immediately if you have not done so already. b) Notify all people involved in Subgrant activities for your organization (which includes employees involved in the hiring process) about this requirement to verify employment eligibility and about the federal law that makes it illegal to hire or keep someone on staff who is not authorized to work in the United States. c) Provide training to all people involved in Subgrant activities for your organization (which includes employees involved in the hiring process) about these requirements. d) Keep all records of employment eligibility verifications—this includes E-Verify verifications, Form I-9’s, copies of identifications, passports, social security cards, lawful permanent resident cards and all other documentation used to verify employment.
DocuSign Envelope ID: FD9707C6-EB93-46C2-86C3-B3800FC1AB5C 6 21) Excess compensation: Funds from this micro-grant may not be used to pay cash compensation (salary plus bonuses) to any employee of micro-grantee 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—effective January 2022, this maximum annual salary is $203,700. (Micro-grantee may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.)
DocuSign Envelope ID: FD9707C6-EB93-46C2-86C3-B3800FC1AB5C