HomeMy WebLinkAboutFresno Police Dept FY 2021 Project Safe Neighborhoods Subaward Grant Agreementy No. S1132493 6-2-23 FY 2021 PROJECT SAFE NEIGHBORHOODS
SUBAWARD GRANT AGREEMENT
BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND CITY OF FRESNO POLICE DEPARTMENT
AGREEMENT NO. S1132493
This Subaward Grant Agreement No. S1132493 (AGREEMENT), executed as of the date of the last
signature shown on the signature page, is between the San Diego Association of Governments, 401 B
Street, Suite 800, San Diego, California 92101 (SANDAG), and City of Fresno Police Department, 2600
Fresno Street, Fresno, CA, 93721 (hereinafter referred to as"SUBRECIPIENT"). SANDAG and
SUBRECIPIENT are also hereinafter collectively referred to as"the Parties."
RECITALS
WHEREAS, City of Fresno Police Department submitted a proposal in response to the Office of
the United States Attorney (USAO), Eastern District of California solicitation for innovative, multi-
disciplinary, multi-agency approaches to address violent crime through the cultivation of collaborative
relationships; and
WHEREAS, SANDAG is the fiscal agent of the grant for the FY 2021 Project Safe Neighborhood
(PSN), (CFDA Number 16.609) (the"Master Agreement'or"Grant')from the U.S. Department of Justice
(DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA);
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
I. GRANT AWARD AND TERM OF AGREEMENT
A. The total amount payable to SUBRECIPIENT pursuant to this AGREEMENT by SANDAG shall
not exceed the amount shown on the first page of this AGREEMENT (Fund Limit). It is agreed
and understood that this Fund Limit is a ceiling and that SANDAG will only reimburse the
allowable cost of services actually rendered in accordance with the AGREEMENT. The actual
amount reimbursed by SANDAG may be less than the Fund Limit.
B. The effective date is the Subaward Period of Performance Start Date shown on the first page of
this AGREEMENT. SANDAG authorizes RECIPIENT to begin working on the Project, and
SUBRECIPIENT agrees to undertake Project work, promptly after receiving a written Notice to
Proceed from SANDAG. SUBRECIPIENT shall not proceed with the Project, and shall not be
eligible to receive payment for work performed, prior to SANDAG issuance of a written Notice to
Proceed.
C. This AGREEMENT shall terminate on the Subaward Period of Performance End Date shown on
the first page of this AGREEMENT unless it is amended in writing by the Parties.
FY 2021 PSN Page 2 of 34 City of Fresno Police Department
II. NOTIFICATION OF PARTIES
All notices herein provided to be given, or which may be given, by either party to the other, shall be
deemed to have been fully given when made in writing and received by the parties at their respective
addresses:
SANDAG: San Diego Association of Governments
Attention: Dr. Octavio Rodriguez Ferreira
401 B Street, Suite 800
San Diego, CA 92101
octavio.rodriguezferreira@sandag.org
SUBRECIPIENT: City of Fresno Police Department
Attention: Lt. Andre Benson
M: P.O. Box 1271, Fresno 93715-1271
P: 2323 Mariposa Mall, Fresno, 93721
Andre.benson@fresno.gov
III. SCOPE OF PERFORMANCE
A. SUBRECIPIENT agrees to complete the Project as described in the Statement of Work attached
as Exhibit A to this AGREEMENT using the awarded federal funds provided under the
AGREEMENT solely for the Project.
B. This AGREEMENT was awarded based on the application submitted by SUBRECIPIENT with the
intention that the awarded funds would be used to implement the Project as described in the
Statement of Work.Any substantive deviation from the Statement of Work must be approved in
advance by written amendment if grant funds are to be used for such changes. If
SUBRECIPIENT believes substantive changes need to be made to the Project, SUBRECIPIENT
will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is
still consistent with the overall objectives of the relevant federal funding program and whether the
changes would have negatively affected the Project ranking during the grant application process.
SANDAG reserves the right to have AGREEMENT funding withheld or refunded due to
substantive Project changes.
C. SUBRECIPIENT shall make diligent and timely progress toward completion of the Project within
the timelines set forth in the Project Schedule, if any, included in the Statement of Work.
D. In the event SUBRECIPIENT encounters or anticipates difficulty in meeting the Project Schedule,
SUBRECIPIENT shall immediately notify SANDAG in writing and shall provide pertinent details,
including the reason(s)for the delay in performance and the date by which SUBRECIPIENT
expects to complete performance. SUBRECIPIENT's notification shall be informational in
character only and SANDAG's receipt of it shall not be construed as a waiver by SANDAG of a
project delivery schedule or date, or any rights or remedies provided by this AGREEMENT.
FY 2021 PSN Page 3 of 34 City of Fresno Police Department
IV. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200,
as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this FY 2021 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021
award supplements funds previously awarded by OJP under the same award number(e.g., funds
awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all
funds under that award number(regardless of the award date, and regardless of whether derived from
the initial award or a supplemental award)that are obligated on or after the acceptance date of this FY
2021 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards
and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that SUBRECIPIENT must retain--typically
for a period of 3 years from the date of submission of the final expenditure report(SF 425), unless a
different retention period applies--and to which SUBRECIPIENT must provide access, include
performance measurement information, in addition to the financial records, supporting documents,
statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part
200 Uniform Requirements, SUBRECIPIENT is to contact SANDAG promptly to seek clarification from
OJP.
V. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the
OJP website (hftps://ojp.gov/fiinanciaiguide/DOJ/index.htm), including any updated version that may be
posted during the period of performance. SUBRECIPIENT agrees to comply with the DOJ Grants
Financial Guide.
VI. COMPLIANCE WITH GENERAL APPROPRIATIONS LAW RESTRICTIONS ON THE USE OF
FEDERAL FUNDS (FY 2021)
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable restrictions on the use
of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various
"general provisions" in the Consolidated Appropriations Act, 2021, are set out at
https-.//ojp.gov/funding/Explore/FY2lAppropriationsRestrictions.htm, and are incorporated by reference
here.
Should a question arise as to whether a particular use of federal funds by SUBRECIPIENT would or
might fall within the scope of an appropriations-law restriction, SUBRECIPIENT is to contact SANDAG
promptly to seek guidance from OJP, and may not proceed without the express prior written approval of
OJP.
FY 2021 PSN Page 4 of 34 City of Fresno Police Department
VII. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34 OF THE
UNITED STATES CODE
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered)to a new Title 34, entitled"Crime Control and Law
Enforcement."The reclassification encompassed a number of statutory provisions pertinent to OJP
awards (that is, OJP grants and cooperative agreements), including many provisions previously codified
in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory
provision as reclassified to Title 34. This rule of construction specifically includes references set out in
award conditions, references set out in material incorporated by reference through award conditions, and
references set out in other award requirements.
VIII. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written for
the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if
the AGREEMENT was executed only after ascertaining the availability and appropriation of funds.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to
SANDAG by the United States Government for the purpose of this Project. In addition, this
AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute
enacted by the SANDAG Board of Directors, Congress or the State Legislature that may affect
the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that, if the Congress does not appropriate sufficient funds for the program
and Project,this AGREEMENT shall be amended to reflect any reduction in funds.
D. SANDAG has the option to void this AGREEMENT under the termination clause or to amend this
AGREEMENT to reflect any reduction of funds. In the event of an unscheduled termination,
SANDAG may reimburse or offset SUBRECIPIENT costs in accordance with the provisions of
this AGREEMENT.
IX. PAYMENT
A. The method of payment for this AGREEMENT will be based upon actual allowable costs.
SANDAG will reimburse SUBRECIPIENT for expended actual allowable direct and indirect costs,
including, but not limited to, labor costs, employee benefits, and travel and third-party contract
costs incurred by SUBRECIPIENT in performance of the Project work, not to exceed the Fund
Limit set forth in this AGREEMENT.
B. A subrecipient that is eligible under the Part 200 Uniform Requirements and other applicable law
to use the"de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use
the "de minimis"indirect cost rate, must advise SANDAG and 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.
FY 2021 PSN Page 5 of 34 City of Fresno Police Department
C. Federal funds must be used to supplement existing State and local funds for program activities
and must not supplant(replace)those funds that have been appropriated for the same purpose.
D. SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and
reporting requirements,where applicable) governing the use of federal funds for expenses related
to conferences (as that term is defined by DOJ), including the provision of food and/or beverages
at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward
Requirements" in the "DOJ Grants Financial Guide").
E. Reimbursement of SUBRECIPIENT expenditures will be authorized only for those allowable costs
actually incurred by SUBRECIPIENT in the performance of the Project work. SUBRECIPIENT
must have incurred the expenditures on or after receiving the SANDAG Notice to Proceed and
before the Termination Date of this AGREEMENT, and also must have paid for those costs to
claim any reimbursement.
F. 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.
G. With respect to any award of more than $250,000 made under a solicitation, a recipient may not
use federal funds to pay total cash compensation (salary plus cash bonuses)to any employee of
the recipient at a rate that exceeds 110 percent 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. The 2021 salary table for SES
employees is available on the Office of Personnel Management website.
OJP does not apply this limitation on the use of award funds to the nonprofit organizations listed
in Appendix VIII to 2 C.F.R. Part 200. See the DOJ Financial Guide for more information on
Employee Compensation.
H. SUBRECIPIENT shall submit invoices no more frequently than monthly, and no less frequently
than every 90 calendar days. SANDAG will reimburse SUBRECIPIENT for all allowable Project
costs no more frequently than monthly, and no less frequently than every 90 calendar days, in
arrears as promptly as SANDAG fiscal procedures permit upon receipt of itemized signed
invoices. The standardized SUBRECIPIENT invoice and reporting forms will be provided by
SANDAG. Invoices shall reference this AGREEMENT, and shall be signed and submitted to
SANDAG at the following address or as may be otherwise indicated by SANDAG in the event it
transitions to an electronic invoicing process:
San Diego Association of Governments
Attention: Kevin Fischer
401.13 Street, Suite 800
San Diego, CA 92101
kevin.fischer@sandag.org
FY 2021 PSN Page 6 of 34 City of Fresno Police Department
X. COST PRINCIPLES
A. SUBRECIPIENT agrees to comply with 2 CFR 200, including but not limited to the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements and the DOJ Grants
Financial Guide, as applicable.
B. Any Project costs for which SUBRECIPIENT has received payment or credit that are determined
by subsequent audit to be unallowable under 2 CFR 200 or the DOJ Grants Financial Guide are
subject to repayment by SUBRECIPIENT to SANDAG by offset or other means approved by
SANDAG. Should SUBRECIPIENT fail to reimburse moneys due SANDAG within 30 calendar
days of discovery or demand, or within such other period as may be agreed to in writing between
the Parties hereto, SANDAG is authorized to intercept and withhold future payments due
SUBRECIPIENT from SANDAG.
C. If SUBRECIPIENT currently has other active awards of federal funds, or if SUBRECIPIENT
receives any other award of federal funds during the period of performance for this award,
SUBRECIPIENT 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, SUBRECIPIENT must promptly notify
SANDAG and the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential
duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification
or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate
duplication of funding.
XI. RESTRICTIONS ON "LOBBYING"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by
SUBRECIPIENT, or its subrecipients 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
SUBRECIPIENT, or its subrecipients at any tier, to pay any person to influence (or attempt to influence) a
federal agency, a Member of Congress, or Congress (or an official or employee of any of them)with
respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or
loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U S.C.
1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a subrecipient would or might
fall within the scope of these prohibitions, SUBRECIPIENT is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
XII. INDEMNIFICATION AND LIABILITY
A. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or
rights in third parties to this AGREEMENT or effect the legal liability of either party to the
AGREEMENT by imposing any standard of care with respect to operation, maintenance, or repair
different from the standard of care imposed by law or this AGREEMENT. In connection with the
FY 2021 PSN Page 7 of 34 City of Fresno Police Department
Project, SUBRECIPIENT agrees that SANDAG shall not be subject to any obligations or liabilities
to any subrecipient, or other person or entity that is not a party to this AGREEMENT.
Notwithstanding that SANDAG may have concurred in or approved any subaward or contract at
any tier, SANDAG has no obligations or liabilities to any entity other than the SUBRECIPIENT,
including any subrecipient at any tier.
B. Neither SANDAG nor any officer or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by SUBRECIPIENT or its
subrecipients or subcontractors under or in connection with any work, authority, or jurisdiction
arising from or related to this AGREEMENT. SUBRECIPIENT, its subrecipients and
subcontractors shall fully defend, indemnify, and save harmless SANDAG, its officers and
employees from all claims, suits, or actions of every name, kind, and description occurring by
reason of anything done or omitted to be done by SUBRECIPIENT, its subrecipients and
subcontractors under or in connection with any work, authority, or jurisdiction arising under this
AGREEMENT.
XIII. INSURANCE
SUBRECIPIENT shall procure and maintain, and shall cause its subrecipients to maintain, during the
period of performance of this AGREEMENT, and for 12 months following the termination date of this
AGREEMENT, policies of insurance from insurance companies authorized to do business in the State of
California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of$1,000,000 per occurrence and $2,000,000 general
aggregate for personal and bodily injury, including death, and broad form property damage. The
policy must include an acceptable"Waiver of Transfer Rights of Recovery Against Others
Endorsement."The policy must name SANDAG as an additional insured in the endorsement. A
deductible or retention may be utilized, subject to approval by SANDAG.
B. Automobile Liability. For personal and bodily injury, including death, and property damage in an
amount not less than$1,000,000. Third-party contractor shall include SANDAG as a loss payee
on its policy.
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the
State of California. The policy must include an acceptable"Waiver of Right to Recover From
Others Endorsement".
SUBRECIPIENT shall furnish satisfactory proof by one or more certificates that it has the foregoing
insurance. These policies shall be primary insurance as to SANDAG so that any other coverage held by
SANDAG shall not contribute to any loss under insurance procured and maintained by SUBRECIPIENT
required under this AGREEMENT. Each insurance policy shall contain a clause, which provides that the
policy may not be canceled without first giving 30 days' advance written notice to SANDAG. For purposes
of this notice requirement, any material change in the policy prior to its expiration shall be considered a
cancellation.
SUBRECIPIENT shall maintain sufficient insurance or a self-insurance program approved by SANDAG to
cover all casualty losses and ensure the repair or replacement of federally funded Property. In the event a
piece of Property is not replaced or repaired, SUBRECIPIENT agrees to transfer any insurance proceeds
received to SANDAG for remitting the federal share.
FY 2021 PSN Page 8 of 34 City of Fresno Police Department
XIV. NON-DISCRIMINATION
A. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R. Part
38
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any
applicable requirements regarding written notice to program beneficiaries and prospective
program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to subrecipient organizations that engage in or conduct explicitly
religious activities, as well as rules and requirements that pertain 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 hftps://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under a-CFR"current"data.
B. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part
42
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R
Part 42 that relate to an equal employment opportunity program.
C. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R. Part
54
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education
programs."
D. SUBRECIPIENT, and its subrecipients at any tier, shall not unlawfully discriminate, harass, or
allow harassment, against any employee or applicant for employment because of race, color,
religion, creed, national origin, ancestry, age(over 40), gender identity or expression, sex
(including pregnancy, childbirth, breastfeeding or related medical conditions), medical condition,
physical or mental disability, genetic information, sexual orientation, marital status, military or
veteran status or any other category protected under federal, state or local law. SUBRECIPIENT
and its third-party contractors shall ensure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment.
SUBRECIPIENT and its third-party contractors shall comply with the provisions of the Fair
Employment and Housing Act(Government Code section 12900 et seq.) and the applicable
regulations promulgated thereunder(California Code of Regulations, Title 2, Section 11000 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the
California Code of Regulations, are incorporated into this AGREEMENT by this reference and are
made a part hereof as if set forth in full. SUBRECIPIENT and its third-party contractor shall give
FY 2021 PSN Page 9 of 34 City of Fresno Police Department
written notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement.
E. SUBRECIPIENT certifies 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 Streets Act,
subrecipients 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
F. SUBRECIPIENT shall include the nondiscrimination and compliance provisions of this Section in
all subawards under this AGREEMENT.
G. SUBRECIPIENT shall sign and submit to SANDAG the following forms attached to this
AGREEMENT, prior to, or concurrently with,this AGREEMENT: "Certificate of Nondiscrimination
Assurances," and"Equal Employment Opportunity Certificate of Compliance."
XV. ALL SUBAWARDS MUST HAVE SPECIFIC FEDERAL AUTHORIZATION
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward" (and therefore does not consider a
procurement"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization) and are incorporated by reference here.
Although SUBRECIPIENT may delegate any or almost all Project responsibilities to one or more
subrecipients at any tier, SUBRECIPIENT agrees that it, rather than any subrecipients, is ultimately
responsible for compliance with all applicable laws, regulations, and this AGREEMENT.
XVI. PURCHASES BY SUBRECIPIENT
A. Prior authorization in writing by SANDAG shall be required before SUBRECIPIENT enters into
any non-budgeted third-party contracts exceeding the then-prevailing federal micropurchase
threshold for supplies, equipment, or consultant services. SUBRECIPIENT shall provide an
evaluation of the necessity or desirability of incurring such costs
B. For the purchase of any item, service, or consulting work not covered in the Statement of Work
and exceeding the then-prevailing federal micropurchase threshold, SUBRECIPIENT must
competitively bid the work, or the absence of bidding must be adequately justified, and prior
authorization must be obtained from SANDAG.
1 Specific to procurement contracts that would exceed the Simplified Acquisition Threshold,
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable
requirements to obtain specific advance approval from the federal funding agency to use
a noncompetitive process. This condition applies to agreements that--for purposes of
FY 2021 PSN Page 10 of 34 City of Fresno Police Department
federal grants administrative requirements-- OJP considers a procurement"contract'
(and therefore does not consider a subaward).
2. 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.
C. SUBRECIPIENT shall maintain ownership of any real or personal property purchased using
AGREEMENT funding (Property) and shall use such Property only for the purposes set forth in
this AGREEMENT. The parties agree to meet and confer in good faith to ensure the continued
use of the Property for the purposes intended.
D. SUBRECIPIENT shall maintain, or cause to be maintained, the Property at a high level of
cleanliness, safety, and if applicable, mechanical soundness, under maintenance procedures,
which SUBRECIPIENT must create and implement, consistent with the purposes for which they
were intended. SANDAG and the OJP shall have the right to conduct periodic maintenance
inspections for the purpose of confirming the existence, condition, and proper maintenance of the
Property. SUBRECIPIENT agrees to make all maintenance records available to SANDAG and
include as applicable in progress or other reports.
E. Any Property purchased as a result of this AGREEMENT is subject to the following:
1. SUBRECIPIENT shall maintain an inventory record for each piece of non-expendable
Property purchased or built with funds provided under the terms of this AGREEMENT.
2. The inventory record of each piece of such Property shall include, but not be limited to,
the description, I.D. number, acquisition date, cost, grant-funded percentage, grant
number, useful life, location, use and condition, disposition action, title holder, and/or any
other information necessary to identify said Property. (2 CFR 200).
3 Non-expendable Property so inventoried are those items of Property that have a normal
life expectancy of one year or more and an approximate unit price of$5,000 or more. In
addition,theft-sensitive items of Property costing less than $5,000 shall be inventoried. A
copy of the inventory record must be submitted to SANDAG upon request by SANDAG.
F. 2 CFR 200 requires a credit to Federal funds when participating Property with a fair market value
greater than $5,000 is credited to the Project.
XVII. EMPLOYMENT VERIFICATION FOR HIRING UNDER THE AWARD
A. SUBRECIPIENT, and its subrecipients must--
1. 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).
FY 2021 PSN Page 11 of 34 City of Fresno Police Department
2. Notify all persons associated with the recipient(or any subrecipient)who are or will be
involved in activities under this award of Both—
a. this award requirement for verification of employment eligibility, and
b. 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.
3 Provide training (to the extent necessary)to those persons required by this condition to
be notified of the award requirement for employment eligibility verification and of the
associated provisions of 8 U.S.C. 1324a(a)(1).
4 As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to
compliance with this award condition in accordance with Form 1-9 record retention
requirements, as well as records of all pertinent notifications and trainings.
B. Monitoring
SUBRECIPIENT's monitoring responsibilities include monitoring of its subrecipients' compliance
with this condition.
C. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds
may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed
to ensure compliance with this condition.
D. Rules of construction
1. 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.
2. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the recipient(or any subrecipient) may choose to participate in,
and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act
on behalf of the recipient(or subrecipient) uses E-Verify (and follows the proper E-Verify
procedures, including in the event of a "Tentative Nonconfirmation"or a"Final
Nonconfirmation")to confirm employment eligibility for each hiring for a position in the
United States that is or will be funded (in whole or in part)with award funds.
3. "United States" specifically includes the District of Columbia, Puerto Rico, Guam,the
Virgin Islands of the United States, and the Commonwealth of the Northern Mariana
Islands.
FY 2021 PSN Page 12 of 34 City of Fresno Police Department
4 Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including
any applicable civil rights or nondiscrimination law
5. Nothing in this condition, including in the paragraph titled "Employment eligibility
confirmation with E-Verify", shall be understood to relieve any subrecipient at any tier, or
any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C.
1324a(a)(1).
6. Questions about E-Verify should be directed to DHS. For more information about E-Verify
visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-
Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
7 Questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
XVIII. ETHICS
A. Written Code of Conduct
SUBRECIPIENT agrees to maintain a written code of conduct or standards of conduct that shall
govern the actions of its officers, employees, board members, or agents engaged in the award or
administration of subawards or contracts supported with funding provided under this
AGREEMENT. SANDAG has established policies concerning potential conflicts of interest. These
policies apply to SUBRECIPIENT.
B. Conflicts of Interest
For all awards by SANDAG or SUBRECIPIENT, any practices which might result in unlawful
activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful
considerations. SANDAG and SUBRECIPIENT staffs are specifically prohibited from participating
in the selection process for a procurement when those staff have a close personal relationship,
family relationship, or past(within the last 12 months), present, or potential business or
employment relationship with a person or business entity seeking a contract. It is unlawful for any
contract to be made by SANDAG or SUBRECIPIENT if one of their respective board members or
staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or
accepting gratuities from any organization seeking funding from SANDAG or SUBRECIPIENT.
Neither SANDAG nor SUBRECIPIENT's officers, employees, agents, and board members shall
solicit or accept gifts, gratuities,favors, or anything of monetary value from contractors, potential
contractors, or parties to subagreements.
By signing this AGREEMENT, SUBRECIPIENT affirms that it has no knowledge of an ethical
violation by SANDAG or SUBRECIPIENT staff. If SUBRECIPIENT has any reason to believe a
conflict of interest exists with regard to the AGREEMENT or the Project, it should notify the
SANDAG Office of General Counsel immediately.
C. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
FY 2021 PSN Page 13 of 34 City of Fresno Police Department
SUBRECIPI ENT, and its subrecipients 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.
D. Restrictions and Certifications Regarding Non-disclosure Agreements and Related Matters
No subrecipient under this award, or entity that receives a procurement contract or subcontract
with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit
or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or
law enforcement representative of a federal department or agency authorized to receive such
information.
The foregoing is not intended, and shall not be understood by the agency making this award,to
contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any other
form issued by a federal department or agency governing the nondisclosure of classified
information.
1. In accepting this award, SUBRECIPIENT--
a represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit
or otherwise currently restrict(or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise
restrict(or purport to prohibit or restrict), reporting of waste, fraud, or abuse as
described above, it will immediately stop any further obligations of award funds,
will provide prompt written notification to the federal agency making this award,
and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If SUBRECIPIENT does or is authorized under this award to make subawards,
procurement contracts, or both--
a. it represents that--
FY 2021 PSN Page 14 of 34 City of Fresno Police Department
i. it has determined that no other entity that the recipient's application
proposes may or will receive award funds (whether through a subaward,
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
;i it has made appropriate inquiry, or otherwise has an adequate factual
basis, to support this representation; and
b it certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring
its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict(or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of
award funds to or by that entity, will provide prompt written notification to the
federal agency making this award, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by that agency.
E. Compliance with 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees)
SUBRECIPIENT, and its subrecipients 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.
SUBRECIPIENT 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,
SUBRECIPIENT is to contact the DOJ awarding agency (OJP or OVW, as appropriate)for
guidance.
XIX. RECORDS RETENTION AND AUDITS
A. SUBRECIPIENT and its subrecipients at any tier shall establish and maintain an accounting
system and records that properly accumulate and segregate incurred Project costs and matching
funds by line item for the Project.The accounting system of SUBRECIPIENT, and its third-party
contractors at any tier shall conform to Generally Accepted Accounting Principles (GAAP), enable
the determination of incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices. All accounting records and other supporting
papers of SUBRECIPIENT and its subrecipients at any tier connected with Project performance
under this AGREEMENT shall be maintained for a minimum of three years from the date of the
SANDAG final payment to SUBRECIPIENT and shall be held open to inspection, copying, and
audit by representatives of SANDAG and auditors representing the federal government. Copies
FY 2021 PSN Page 15 of 34 City of Fresno Police Department
thereof will be furnished by SUBRECIPIENT and its subrecipients at any tier upon receipt of any
request made by SANDAG or its agents.
B. SUBRECIPIENT and its subrecipients at any tier will permit access to all records of employment,
employment advertisements, employment application forms, and other pertinent data and records
by the State Fair Employment Practices and Housing Commission, or any other agency of the
State of California designated by SANDAG for the purpose of any investigation to ascertain
compliance with this AGREEMENT
C. SUBRECIPIENT 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) SUBRECIPIENT does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
XX. HIGH-RISK GRANTEE LIST
A. If SUBRECIPIENT 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,
SUBRECIPIENT must disclose that fact and certain related information to OJP by email at
OJP.Compliance Re artin o' .usdo'. ov and SANDAG at the email address specified for
receiving notices under this AGREEMENT. For purposes of this disclosure, high risk includes any
status under which a federal awarding agency provides additional oversight due to
SUBRECIPIENT's past performance, or other programmatic or financial concerns with
SUBRECIPIENT. SUBRECIPIENT's disclosure must include the following: 1. The federal
awarding agency that currently designates SUBRECIPIENT high risk, 2. The date
SUBRECIPIENT 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.
B. SUBRECIPIENT agrees to comply with any additional requirements that may be imposed by the
DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this
award, if SUBRECIPIENT is designated as "high-risk"for purposes of the DOJ high-risk grantee
list.
XXI. MONITORING AND COMPLIANCE
SUBRECIPIENT agrees to comply with SANDAG and OJP grant monitoring guidelines, protocols, and
procedures, and to cooperate with SANDAL, BJA and OCFO on all grant monitoring requests, including
requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits.
SUBRECIPIENT agrees to provide to SANDAG, BJA and OCFO all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made under this
AGREEMENT. Further, SUBRECIPIENT agrees to abide by reasonable deadlines set by SANDAG, BJA
and OCFO for providing the requested documents.
SANDAG will engage in a formal written process to notify the SUBRECIPIENT of corrective actions
needed to come into compliance. If SUBRECIPIENT does not take corrective action or does not come
into compliance with the provisions in this AGREEMENT, or fails to cooperate with SANDAG's, BJA's, or
OCFO's grant monitoring activities, it may result in sanctions affecting SUBRECIPIENT's DOJ awards,
FY 2021 PSN Page 16 of 34 City of Fresno Police Department
including, but not limited to: withholdings and/or other restrictions on SUBRECIPIENT's access to grant
funds; referral to the Office of the Inspector General for audit review; designation of SUBRECIPIENT as a
DOJ High Risk grantee; or termination of an award(s).
If SUBRECIPIENT enters into a subaward,the subaward shall contain provisions permitting SANDAG,
BJA, or OCFO to perform all monitoring of that subaward in accordance with this AGREEMENT and the
Federal Uniform Guidance.
XXII. REPORTS AND DATA COLLECTION
A. SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness
of work under this award. The data must be provided to SANDAG in the manner(including within
the timeframes) specified by SANDAG and/or 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.
B. SUBRECIPIENT shall submit written progress reports no less frequently than quarterly to allow
SANDAG to determine if SUBRECIPIENT is performing to expectations, is on schedule, is within
funding cost limitations, to communicate interim findings, and to afford occasions for airing
difficulties respecting special problems encountered so that remedies can be developed.
C. SUBRECIPIENT understands and agrees that quarterly Federal Financial Reports (SF-425) and
semi-annual performance reports must be submitted through JustGrants Qustgrants.usdoj.gov),
and that quarterly performance metrics reports must be submitted through BJA's Performance
Measurement Tool (PMT)website(https://bjapmt.ojp.gov/). For more detailed information on
reporting and other requirements, refer to BJA's website. Failure to submit required reports by
established deadlines may result in the freezing of grant funds and High Risk designation.
D. SUBRECIPIENT also 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.
XXIII. COPYRIGHT; DATA RIGHTS
SUBRECIPIENT acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license
to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in
connection with derivative works), for Federal purposes: (1) any work subject to copyright developed
under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or
subrecipient(at any tier) purchases ownership with Federal support.
SUBRECIPIENT acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use
the data first produced under any such award or subaward; and (2) authorize others to receive,
reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in
Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data-General).
It is the responsibility of SUBRECIPIENT, and of its subrecipients at any tier, to ensure that the provisions
of this condition are included in any subaward (at any tier) under this award
SUBRECIPIENT has the responsibility to obtain from subrecipients, contractors, and subcontractors (if
any),all rights and data necessary to fulfill SUBRECIPIENT's obligations to the Government under this
FY 2021 PSN Page 17 of 34 City of Fresno Police Department
award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the
Government such rights, SUBRECIPIENT shall promptly bring such refusal to the attention of the OJP
program manager for the award and not proceed with the agreement in question without further
authorization from the OJP program office.
XXIV. CONFIDENTIALITY
A. SUBRECIPIENT, and its subrecipients 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. SUBRECIPIENT 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.
B. SUBRECIPIENT, and its subrecipients 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).
SUBRECIPIENT'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.
XXV. COMPLIANCE WITH OTHER AWARD REQUIREMENTS
A. RECIPIENT represents and warrants to SANDAG that it has all necessary licenses, permits,
qualifications and approvals, of whatever nature, that are legally required for it to operate legally.
RECIPIENT further represents and warrants to SANDAG that it shall keep in effect at all times
during the term of this AGREEMENT any licenses, permits, and approvals that are required for it
to perform under this AGREEMENT.
B. OJP Training Guiding Principles
Any training or training materials that SUBRECIPIENT, or its subrecipients at any tier, develops
or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for
Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
A. SUBRECIPIENT agrees to submit to BJA for review and approval any curricula, training
materials, proposed publications, reports, or any other written materials that will be published,
including web-based materials and web site content, through funds from this grant at least thirty
(30)working days prior to the targeted dissemination date. Any written, visual, or audio
publications, with the exception of press releases, whether published at SUBRECIPIENT'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, 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."The current edition of
FY 2021 PSN Page 18 of 34 City of Fresno Police Department
the DOJ Grants Financial Guide provides guidance on allowable printing and publication
activities.
B. Media and Community Outreach Coordination
SUBRECIPIENT agrees to submit to SANDAG, which will forward to DOJ for review and
approval, any proposal or plan for Project Safe Neighborhoods media-related outreach. DOJ
approval must be received prior to any obligation or expenditure of grant funds related to the
development of media-related outreach projects.
C. Any website that is funded in whole or in part under this award must include the following
statement 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 visitor 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.
D. Safe Policing and Law Enforcement Subrecipients
If SUBRECIPIENT is a State, local, college, or university law enforcement agency, it affirms that it
has been certified by an approved independent credentialing body or has started the certification
process. This requirement also applies to subrecipients at any tier which are a State, local,
college, or university law enforcement agency. To become certified, law enforcement agencies
must meet two mandatory conditions: (1)the agency's use of force policies adhere to all
applicable federal, state, and local laws; and (2)the agency's use of force policies prohibit
chokeholds except in situations where use of deadly force is allowed by law. For detailed
information on this certification requirement, see https-.//cops.usdoj.gov/SafePolicingEO.
E. Determination of Suitability to Interact with Participating Minors
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 SUBRECIPIENT, or its subrecipients
at any tier) is to benefit a set of individuals under 18 years of age.
SUBRECIPIENT, and its subrecipients 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.
FY 2021 PSN Page 19 of 34 City of Fresno Police Department
F. Encouragement of Policies to Ban Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving,"74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages subrecipients to adopt and
enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this award, and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted
drivers.
G. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including
Reporting Requirements and OJP Authority to Terminate Award)
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the
trafficking of persons,whether on the part of recipients, subrecipients, or individuals defined (for
purposes of this condition) as "employees"of SUBRECIPIENT or of any subrecipient.
The details of SUBRECIPIENT's obligations pertaining to prohibited conduct related to trafficking
in persons are posted on the OJP web site at https-.Hojp.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.
H. Required Attendance at BJA-sponsored Events
SUBRECIPIENT, and its subrecipients at any tier, must participate in BJA-sponsored training
events,technical assistance events, or conferences held by BJA or its designees, upon BJA's
request.
I. SUBRECIPIENT agrees to comply with the requirements of 28 CFR Part 46 and all other
DOJ/OJP policies and procedures regarding the protection of human research subjects, including
informed consent procedures and obtainment of Institutional Review Board (IRB) approval, if
appropriate.
J. SUBRECIPIENT agrees to coordinate the Project with the U.S. Attorney and Project Safe
Neighborhoods Task Force for the district covered by the award. SUBRECIPIENT also is
encouraged to coordinate with other community justice initiatives, and other ongoing, local gun
prosecution and law enforcement strategies.
K. SUBRECIPIENT must report the names and total compensation of the five most highly
compensated executives of the recipient and first-tier subrecipients (first-tier"subgrantees") of
award funds. The details of this condition,which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https:Hojp.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).
FY 2021 PSN Page 20 of 34 City of Fresno Police Department
XXVI. CHANGES IN TERMS OR CONDITIONS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the Parties.
B. SUBRECIPIENT agrees to notify SANDAG immediately, in writing, of any change in local law,
conditions (including its legal, financial, or technical capacity), or any other event that may
adversely affect SUBRECIPIENT's ability to perform the Project in accordance with the terms of
this AGREEMENT. SUBRECIPIENT also agrees to notify SANDAG immediately, in writing, of
any current or prospective major dispute, breach, default, or litigation that may adversely affect
SANDAG interests in the Project or SUBRECIPIENT's ability to carry out the Project; and agrees
to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason,
in any forum.At a minimum, SUBRECIPIENT agrees to send each notice to SANDAG required
by this subsection to the SANDAG Office of General Counsel.
XXVII. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR
MATERIALLY FALSE STATEMENTS
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of SUBRECIPIENT that relate to conduct during the period of
performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, 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 OJP webpage entitled"Legal Notices: Special
circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-
AwardRegts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of SUBRECIPIENT, 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 SUBRECIPIENT
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 in the
AGREEMENT, a condition incorporated by reference, or an assurance or certification related to conduct
during the award period-- may result in OJP taking appropriate action with respect to SUBRECIPIENT
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.
FY 2021 PSN Page 21 of 34 City of Fresno Police Department
XXVIII. DISPUTES
A. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of
by agreement shall be finally decided by the SANDAG Chief Executive Officer or delegate, who
may or may not consider any written or verbal evidence submitted by SUBRECIPIENT, in the
Chief Executive Officer's or delegate's sole discretion.
B. Neither the pendency of a dispute nor its consideration by SANDAG will excuse either party from
full and timely performance in accordance with the terms of the AGREEMENT.
C. The above dispute resolution procedure does not apply in the event of a dispute resulting in
termination of this AGREEMENT, in which case the procedures set forth in the Part 200 Uniform
Requirements or the DOJ Grants Financial Guide take precedence.
XXIX. EARLY TERMINATION OF THIS AGREEMENT
A Federal award may be terminated in whole or in part as follows:
• By the DOJ awarding agency or SANDAG for failure to comply with the terms and conditions of
an award;
• By the DOJ awarding agency or SANDAG for cause;
■ By the DOJ awarding agency or SANDAG with consent of the SUBRECIPIENT, in which case the
two parties must agree upon termination conditions, including the effective date, and in the case
of partial termination, the portion to be terminated; or
• By the SUBRECIPIENT upon sending the DOJ awarding agency or SANDAG written notification
including the reasons for such termination,the effective date, and in the case of partial
termination, the portion to be terminated. However, if the DOJ awarding agency determines that
partial termination of the award will not accomplish the purposes for which the award was made,
then DOJ may terminate the award in its entirety.
The awarding agency or SANDAG will provide SUBRECIPIENT with notice of termination. If the award is
terminated for failure to comply with the statutes, regulations, or terms and conditions of the award, the
termination decision may be considered in evaluating future applications received from SUBRECIPIENT.
When an award is terminated or partially terminated, SUBRECIPIENT remains responsible for
compliance with the requirements in 2 C.F.R. §200.343 (Closeout) and 2 C.F.R. §200.344 (Post-
closeout adjustments and continuing responsibilities).
XXX. PROJECT CLOSE OUT
The Subaward Period of Performance End Date of this AGREEMENT refers to the last date for
SUBRECIPIENT to incur valid Project costs or credits. SUBRECIPIENT has 60 days after the termination
date of this AGREEMENT to make final allowable payments to its subrecipients or subcontractors,
prepare and submit Project closeout reports, and submit the final invoice to SANDAG for reimbursement
for allowable Project costs. Any unexpended Project funds invoiced after 90 days post the termination
date of this AGREEMENT will be forfeited and will no longer be accessible by SUBRECIPIENT to
reimburse for Project expenses. See the requirements in 2 C.F.R. §200.343 (Closeout) and the DOJ
Grants Financial Guide for additional information.
FY 2021 PSN Page 22 of 34 City of Fresno Police Department
XXXI. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is executed by and between two independent entities
and that this is not intended to, and shall not be construed to, create the relationship of agent, servant,
employee, partnership,joint venture or association, or any other relationship whatsoever other than that
of an independent party.
XXXII. INTEGRATION AND SEVERABILITY
This AGREEMENT represents the entire understanding of SANDAG and SUBRECIPIENT as to those
matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered hereunder. This AGREEMENT may not be modified or altered except in writing,
signed by SANDAG. If any provision of the AGREEMENT is determined invalid, the remainder of the
AGREEMENT shall not be affected if that remainder would continue to conform to the requirements of
applicable laws or regulations. All Attachments to this AGREEMENT are hereby incorporated as though
set forth in full herein.
XXXIII. FORCE MAJEURE
Either party is excused from performance hereunder if such non-performance results from acts of God,
epidemics, war, riots, acts of governmental authorities, or any other cause that could not have been
overcome by the exercise of due diligence or planning by the non-performing party. In the event of the
occurrence of a force majeure event, the party unable to perform shall promptly notify the other party
within five calendar days and provide an explanation describing why the inability to perform is not due in
whole or in part to its actions or inaction. It shall further pursue its best efforts to resume performance as
quickly as possible and shall suspend performance only for such period of time as is necessary as a
result of the force majeure event.
XXXIV. SURVIVAL
The rights, obligations and conditions set forth in the Sections of this AGREEMENT entitled
Indemnification and Liability, Insurance, Notices, Cost Principles, and any right, obligation or condition
that, by its express terms or nature and context is intended to survive the termination or expiration of this
AGREEMENT, shall survive until the last applicable statute of limitations expires.
XXXV. WAIVER
Neither the SANDAG review, approval, or acceptance of, nor payment for, any of the work required under
this AGREEMENT shall be construed to operate as a waiver of any rights under this AGREEMENT by
SANDAG.
XXXVI. NO THIRD PARTY RIGHTS
The federal government shall not be subject to any obligations or liabilities to any third-party contractor or
any other person not a party to the agreement between SANDAG and the DOJ awarding agency.
Notwithstanding any concurrence provided by the federal government in or approval of any solicitation,
subagreement, or third-party contract, the federal government continues to have no obligations or
liabilities to any party, including SUBRECIPIENT or any other third-party contractor.
FY 2021 PSN Page 23 of 34 City of Fresno Police Department
XXXVIL ATTACHMENTS
The following attachments are incorporated into and are made part of this AGREEMENT by this reference
and attachment. In the event of conflicting provisions, the following order of precedence will apply:
(1) Part 200 Uniform Requirements; (2) DOJ Grants Financial Guide; (3)the body of this AGREEMENT
excluding attachments; and (4)the attachments to this AGREEMENT.
• Statement of Work
• Project Schedule
• Project Budget
• Indirect Cost Rate Certification Form
• Certificate of Nondiscrimination Assurances
Equal Employment Opportunity Certificate of Compliance
XXXVIII. SIGNATURES
The persons below assert that they are authorized to execute this AGREEMENT and have executed it as
of the date of the last signature below. This AGREEMENT may be executed in any number of separate
counterparts, each of which shall be deemed an original but all of which when taken together shall
constitute one and the same instrument.The parties hereby agree to the use of electronic signatures to
create mutually binding contractual agreements.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF FRESNO POLICE DEPARTMENT
E-SIGNED by Cindy Burke E-SIGNED by Paco Balderrama
on 2023-02-03 19:12:44 GMT on 2023-02-03 17:43:24 GMT
Cindy Burke Paco Balderrama
Senior Director, Data Science
Chief of Police
APPROVED AS TO FORM: APPROVED AS TO FORM.
E-SIGHED by Samantha Foulke E-SIGNED by Pauline Brickey
on 2023-02-03 18:25:47 GMT on 2023-02-03 17:25:08 GMT
Office of General Counsel Deputy City Attorney
ATTEST:
TODD STERMER,CMC
CITY CLERK
By; �-2-7-6---5
SAS Deputy
FY 2021 PSN Page 24 of 34 City of Fresno Police Department
Statement of Work
Program Description
Fresno Police Department will implement operations that consists of existing initiatives, such as the PSN
Task Force, integrating new initiatives including wire technology, dedicated jail beds for gang/gun
offenders, and a youth development program. The long-term interception of electronic transmissions
(Wire) investigations will focus on intercepting and monitoring communications to investigate criminal
activity of the most violent, active, and influential gang members of the largest gangs in Central California
including the Fresno Bulldogs, the TWAMP, and MUGG gangs. When investigations have concluded,
meetings will occur regarding prosecution by either Federal, State, or a combination of both where the
interception of electronic transmissions (Wires) devices have been proven to be an effective tool that
benefits the investigations which often result in significant years in prison for gang member leaders who
are responsible for committing violent shootings and homicides and/or ordering the violence to occur.
When gang leaders and/or influential members are prosecuted, these gangs are hurt significantly in their
leadership and lose influence.
Specifically, PSN funds will be used to pay for law enforcement personnel who will oversee carrying out
the wire investigations and District Attorneys who will be prosecuting individuals who were arrested as a
result of the wire investigations; equipment necessary to carry out the investigations includes wiretaps,
pings, and pin registers.
Objectives
The goals and deliverables for this program implemented by Fresno Police Department are the following:
Goal 1: Create a safer neighborhood for residents of the target area within the City of Fresno by
reducing gun violence and gun crime, and sustaining that reduction through the long-term
investigations using wires
o Activity/Deliverable 1: Respond to data driven target zones with enforcement operations
on gang members, "hot spots", and"hot people" based on analysis of FPD Crime
Specialist
• Goal 2: Reduce the occurrence of violent gang-related incidents through both reactive and
proactive efforts supported by enforcement planning coordinated with federal, state, and local law
enforcement and informed by data and real-time intelligence &reduce the occurrence of youth
gang-related incidents and increase positive outcomes for youth at high risk for gang involvement
o Activity/Deliverable 1: Identify violent gangs/gang members
o Activity/Deliverable 2: Provide update on results of gang operations
o Activity/Deliverable 3: Execute agreement with community-based organization providing
services for reducing gun and gang violence to our youth
FY 2021 PSN Page 25 of 34 City of Fresno Police Department
Program Design and Implementation
The funding from this grant will address a comprehensive strategy which will synchronize several different
initiatives, with a focus on intelligence-based policing already in-place at the Multi-Agency Gang
Enforcement Consortium (MAGEC). These strategies include confidential informants who meet FPD
Policy 608, receiving direct information and from residents who reside in these affected areas. Dedicated
beds in the Fresno County Jail (FCJ)for violent gun/gang offenders, coordinated enforcement and
prosecution via the existing Fresno Project Safe Neighborhoods(PSN)task force, training for law
enforcement and the community, intensive intel-based law enforcement operations in the target areas,
overtime for gang operations and long-term gang shooting and homicide investigations(Interceptions of
Wire and Electronic Communications).
FY 2021 PSN Page 26 of 34 City of Fresno Police Department
Project Budget
Budget Summary
Year 1 Year 2 Year 3
Federal Non-Federal Federal Non-Federal Federal Non-Federal Total s
Budget Category Request Request Request Request Request Request ( )
A.Personnel $80,682 $0 $80,682 $0 $80,682 $0 $242,046
B.Equipment $44,000 $0 $44,000 $0 $44,000 $0 $132,000
Total Direct Costs $124,682 $0 $124,682 $0 $124,682 $0 $374,046
Total Project Costs $124,682 $0 $124,682 $0 $124,682 $o $374,046
Budget Detail- Year 1
Does this budget contain conference costs which is defined broadly to include meetings,retreats,seminars,
symposia,and training activities?-YIN
A.Personnel
Name Position Computation
List each
List each name,
if known. position,if Show annual salary rate&amount of time devoted to the project for each name/position.
known.
Time Worked
(#of hours, Percentage of Non-Federal Federal
Salary Rote days,months, Time Total Cost Contribution Request
years)
Multiple Police Detective $66.94 yearly 907 100% $60,682 $60,982
Detectives
Multiple District Prosecutor $102.44 yearly 195 100% $20,000 $0 $20,000
Attorneys
Totals) $80,682 $0 $80,682
Narrative
The long-term interception of electronic transmissions(Wire)investigations have been proven to be extremely effective and reduce
shootings and homicides. These long-term investigations are a collaborative effort with Local,State,and Federal Agencies. These
operations will focus on the most violent,active,and influential gang members. These gang members are often responsible for committing
these violent shootings and homicides and/or ordering the violence to occur. These continue to be our most difficult cases to investigate
due to witnesses and surviving witnesses not willing to come forward due to fear of retaliation. These investigations will also include
shootings in which we have innocent victims,children,multiple victims,or influential gang members shot or killed. The aforementioned
cases often involve a high volume of retaliation shootings. Once the cases have concluded,meetings will occur regarding prosecution by
either Federal,State,or a combination of both. These devices proven to benefit our goals and objectives by reducing shootings and
homicides in our city. Gangs are driven by the most violent and influential members and when those members are arrested and prosecuted
the leadership is lost. In addition,these long-term investigations often result in significant years in
prison.
During the past few years,Fresno has been plagued with gang related shootings and homicides. We have continually tried to prevent these
shootings with multiple operations and gang related search warrants. We have recovered hundreds of weapons and made hundreds of
arrests;however,the shootings and homicides continue. Wire operations have proven to be an effective tool to reduce these violent
shootings and homicides. In addition,in 2021,the California State Legislature passed AB333,which substantially altered the STEP act t0
make gang prosecution more challenging. Several changes in AB333 demand in-dept gang evidence of a sort difficult to gather without
electronic interception. Specifically:
FY 2021 PSN Page 27 of 34 City of Fresno Police Department
Gang predicates must now be shown to be forth benefit of a gang,requiring an analysis of the motive of past cases. Wiretap
investigations provide motive by correctly identifying rivalries and trends at the time a case occurs,and by explaining benefit in gang
members'words.
Gang predicates must now be recent,usually within three years,and so relying on one"big investigation"into a gang every decade or so is
not sufficient to keep predicates fresh.More frequent,smaller investigations allow investigators to maintain fresh predicates on groups of
allied gangs.
Gang predicates must show collective action,which requires an understanding ofthe"Invisible partners'in gang crimes. For example,on a
recent wiretap investigation,street gang members were heard discussing how guns in the possession of individual gang members were
available for use by the entire gang,showing how a single gang member's firearm possession collectively benefits the gang.
B.Equipment
Item Computation
List and describe each item of Compute the cost(e.g.,the number of each item to be purchased X the cost per item)
equipment that will be purchased
30-day wire 20 $900.00 $18,000 $18.,000.
30-day ping 20 $900.00 $18,000 $18,000
Pin Registers 10 $800.00 $8,000 $8,000
Total(s) $"'000 $o $44,000
Narrative
The interception electronic transmission devices(wires)will be utilized once per year for long-term investigations. The wires will be utilized
by members of MAGEC,DA's Office and other law enforcement agencies who are part of the investigation. The long-term investigations
usually last approximately four to six weeks,however,the process is very involved and as a result only one can be utilized per year.
•Wiretaps:Give us the ability to live intercept(audio and visual)the target telephones/Social Media lines. Trained monitors listen to calls
that come in to determine whether the calls are pertinent to the case or if they are non-pertinent.Text messages are also able to be seen as
well. Wiretaps are so important in many cases because they give the investigators a recorded confession or it will lead them in the direction
of the person that did the crime or anyone that participated that was unknown. It can help break a case wide open. Each Court Order for a
wiretap is for 30 days at a time and they must be extended for another 30 days if the line is important.
•Pings:Give the investigators a location of the target device every 15 minutes.It allows the investigators to see which Cell tower the device
is hitting off. Pings are extremely important to establish patterns of activity for the targets,areas they may work or live in,areas they
frequent at specific times of the day,and when they are in the area of a crime scene.Pings are authorized by a Search Warrant and are
good for 30 days.You must re-up them,if they are needed at the 30-day mark.
•Pen Registers:Pen Registers are records live cell phone records,but there is no audio or text attached. Pen Registers allow investigators
to see who the target calls,who calls the target,how long they talk,time of day the targets are active on their phones,and other calling
patterns. For example,when a crime occurs and the target is involved,Pen Registers allow investigators to see who the target calls right
before and/or right after the crime. Some calls allow us to get cell tower location off of calls which can assist when trying to locate a target.
Unlike pings,pen registers only give the cell tower location when a call is made,so it is not as frequent as the pings. Pen Registers are
authorized by a Search Warrant and can run on average 30 or 60 days,depending on the need and what the Judge will authorize.
FY 2021 PSN Page 28 of 34 City of Fresno Police Department
Budget Detail- Year 2
Does this budget contain conference costs which is defined broadly to include meetings,retreats,seminars,
symposia,and training activities?-YIN
A.Personnel
Name Position Computation
List each
List each name,
if known. position,if Show annual salary rate&amount of time devoted to the project for each name/position.
known.
Time Worked
(#of hours, Percentage of Non-Federal Federal
Salary Rate days,months, I Time Total Cost Contribution ;Request
years)
Multiple police Detective $66.94 yearly 907_ 100% $60,682 $60,982
Detectives
Multiple District Prosecutor $102.44 yearly 195 100% $20,000 $0 $20,000
Attorney's
Total(s) $80,682 $0 $80,682
Narrative
See Year 1 Narrative
B.Equipment
Item Computation
List and describe each item of Compute the cost(e.g.,the number of each item to be purchased X the cost per item)
equipment that will be purchased
30-day wire 20 $900.00 $18,000 1 $18,000
30-day ping 20 $900.00 $18,000 $18,000
Pin Registers 10 $800.00 $8,000 $8,000
Total(s) $44,000 $0 $44,000
Narrative
See Year 1 Narrative
FY 2021 PSN Page 29 of 34 City of Fresno Police Department
Budget Detail- Year 3
Does this budget contain conference costs which is defined broadly to include meetings,retreats,seminars,
symposia,and training activities?-YIN
A.Personnel
Name Position Computation
List each
List each name,
position,if Show annual salary rate&amount of time devoted to the project for each name/position.
if known.
known.
Time Worked
Salary Rate
(#of hours, Percentage of Total Cost Non-Federal Federal
days,months, Time Contribution Request
years)
Multiple Police Detective $66.94 yearly 907 100% $60,682 $60,982
Detectives
Multiple District Prosecutor $102.44 yearly 195 100% $20,000 $0 $20,000
Attorneys
Total(s) $80,682 1 $0 $80,682
Narrative
See Year 1 Narrative
B.Equipment
Item Computation
List and describe each item of Compute the cost(e.g.,the number of each item to be purchased X the cost per item)
equipment that will be purchased
30-day wire 20 $900.00 $18,000 $18,000
30-day ping 20 $900.00 $18,000 $18,000
Pin Registers 10 $800.00 $8,000 $8,000
Totals) $44,000 $0 $44,000
Narrative
See Year 1 Narrative
FY 2021 PSN Page 30 of 34 City of Fresno Police Department
Certificate of Nondiscrimination Assurances
SANDAG
Grants
Fiscal Agent
Certifications
CERTIFIED ASSURANCES
The applicant hereby assures that,if an award is received under the PSN Program,the following
requirements will be met:
Debarment,Suspension,Ineligibility,and Voluntary Exclusion
The applicant certifies,by submission of this proposal,that neither it nor its principals are presently
debarred,suspended,proposed for debarment,declared ineligible,orvoluntarlly excluded from
participation in this transaction by any Federal department or agency.
Disclosure of Lobbying Activities Requirements(Exception: Indian tribes,organizations,or agencies)
The applicant certifies that no Federal appropriation funds have been paid or will be paid to any persons
for influencing or attempting to influence an officer or employee of any Federal agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection
with the awarding of any Federal grant,the making of any Federal grant,and the extension continuation,
renewal,amendment,or modification of any Federal grant
The applicant further certifies that it will provide a"DiscloyurV.n1.(q_4 yin j3rl ivaie."form if and when
any non-Federal funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee
of Congress,or an employee of a Member of Congress in connection with the PSN Program.
Project Safe Nelghborhoods Violent Gang and Gun Crime Reduction Program Page 1
FY 2021 PSN Page 31 of 34 City of Fresno Police Department
SUPPLANTING CERTIFICATION
On behalf of the applicant,I hereby certify that I understand that any Federal funds received as a result
of this application must be used to supplement existing funds for program activities and must not
supplant those funds that have been appropriated for the same purpose,as funds set forth in the
current edition of the Office of Justice Programs Finan iiai Guide. Further,supplanting shall be reviewed
during the application process,post-award monitoring,and project close-out.
If the Grants Ntanagement Bureau believes,based upon factual data,that supplanting may have
occurred,then the Sub-recipient shall be required to supply documentation demonstrating that the
reduction of non-Federal resources occurred for reasons other than the receipt or expected receipt of
Federal funds.
Name of Applicant/Fiscal Agent
C REF 61122 PouILE
Sig'
ig atu of Certifying Official Title of Certifying Official
ACo _BAL-19.Rp A _ I•3(. ZZ
Printed Name of Certifying Official Date
Project Safe Neighborhoods Violent Gang and Gun Crime Reduction Program Page 2
FY 2021 PSN Page 32 of 34 City of Fresno Police Department
Equal Employment Opportunity Certificate of Compliance
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan(ESOP)Requirements
Please read catelidh+the lminiction.s(.tee lnlawr and Then t unrplete Section A or Section B or Section C.not ail three.1/recipient
ct+rrt deter Secrian A or C r ndsuh gtildis a stir fe award in e•r 55000A in addition, decoy COU113kefe Section D.
Recipient's Name: City,of Fresno
Address: Fres ��i�9�7.�.t. .
Is a enc a;❑Direct or Suit reel iem of OJP.OYW ar COPS funding? Law Enforcement Agency?X Yes o NO
DUNS Number.OZ14 7 5 1Vendor Number(nnl irdirect art i icnl)
Name and Title of Contact Person: TJ Miller.Director of Persorind
Tcicphori,e hlumbcsr: 559.621.6964 1 E-Mail Addrcss: I.mile 'resnu. v
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please cheek all thefollowing boxes that apply.
o Less than fifty employees, o Indian Tribe o Medical institution
o Nonprofit Organization ❑Educational Institution ❑Receiving a single award(s)less than$25,000.
1 [responsible
o,Qicirrll,certify that
(recipient]is not nequatxl to prepare an EEOP for the reason(s)chocked above,pursuant to 28 C.F.R§42.302,
1 further Certify that [recipient]
will comply with applicable federal civil rights laws that prohtbit discriatination in employmem and in the delivery of
services.
Ifreciplent sub-grants a single award over$300,000,in addition,please complete Section D
Print or Tvne vame and Title 5r"enurrerc Dora
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
If a ree:irnrn!:rk,•trry knr f+liv or more emptattct and es sirt .arri,of 525.000 ar mre,but irsr than S3t10 000+hen
the rrryrrrnr altmn dots not hair io sabmii um eE?P to rice Ut•R Jar review as longer it cerrilfes the feltaw+nk(42 C FR.§42.A5):
1. TJ Miller [responsible
of)ir stin,c rti l}' tllat City of Fresno
Imcipient[,which has rtTy or more employees anti is recciving a single award or subaward for$25.D00 or more,but less
than 5500,0D0.has famndatcd an ESOP in accordance with 214 t;Flt pl.42,subpl.E. i forther curt i fy INO wi111in(lie I st
twenty-four months,tlx pmprr aulhtxity hats fulminated and signed into effect the EEOP and,as rcalaired by applicable
tadctoI law,it is avaiIabia liar review by the public,employee.,the AW011rialc state planning agency,and the 0MCC rot
t,iviI Rights,Office orJtutict:Programs.U.S.€ cpwTwnt ofJuslice. The hLO11 is on File al the fall owin6v 0Mce:
City Or Fresno Pemnnel Services
forg ard.:otion],
2600 Fresno Street,Fresno,CA 93721
[address].
TJ Miller,Director of Personnel Services 1.28.2022
Print a•.pl—Name and File tii nrr+rr
Section C---Declaration Stating that an EEOP Short Form en Submitted to the Office for Civil
Rights for Review
if a recipient agenryhas flip ormare rWhWes and is receiving a single award,orsubaward,of$500,000 or more,then the recipient agency
mast surd an EEOPSharr Form ro Or OCR for review.
1 [responsible
official],certify that
[recipient],which has fifty or more employees and is receiving a single award of$500.000 or more,has formulated an
EEOP in accordance with 28 CFR pt.42,subpt, E,and sent it for review on
[date] to the Office for Civil Rights,Office of Justice Programs,U.S.Depattrrksut of Justice.
If recipient sub-grants a single award over$500,000,in addition,please complete Section D
PrinforT eNavteandTlee Signatune Dori f-28.2022
FY 2021 PSN Page 33 of 34 City of Fresno Police Department
Section D—Declaration Stating that Recipient Subawards a Single Award over$500,000
if a rec pienr agency,s'ubuwwnis a single avvurd of 5500,000 or more then the granting agency should provide a list;including,name,address
and DUNS#of each such suh�recipem.
u Clpmnl gency ame A rcs4 u - cipicnt DUNS VunzGcr
1
lfrrddrlivnal space in necessary,please deiplicale this page.
OA18 i"�mvn>t Na l i'_I-Q710 F.xpirxvieu iMtc.I7.7I']O5 S
FY 2021 PSN Page 34 of 34 City of Fresno Police Department
SUBAWARD INFORMATION
U.S. Department of Justice (US DOJ), Office of Justice Programs (OJP),
Bureau of Justice Assistance (BJA)
City of Fresno
071887855
.. 15PBJA-21-GG-03005-GUNP
Implement PSN grant activities in the Eastern District of California
15PBJA-21-GG-03005-GUNP
12/8/2021 -- 9/30/2024
• . . 10/01/2021 —09/30/2024
. . . . . 10/01/2021 —09/30/2024
. - • . $374,046
. - • . $374,046
$374,046
. This project is supported under Fiscal Year 2021 (BJA—Project Safe
. . . . Neighborhoods Award) 34 USC 60701-05. Project Safe Neighborhoods
�l (PSN) is designed to create and foster safer communities through a
sustained reduction in violent crime. The program's effectiveness depends
i
upon the ongoing coordination, cooperation, and partnerships of local,
state, tribal, and federal law enforcement agencies and community
organizations working together with the communities they serve—
engaged in a unified approach coordinated by the U.S. Attorney (USA) in
all 94 districts.
. . . U.S. Department of Justice (DOJ), Office of Justice Programs (OJP),
Bureau of Justice Assistance (BJA)
San Diego Association of Governments
. . 401 B Street, Suite 800
San Diego, CA 92101
(619)699-1900
grantsapplication@sandag.org
16.609—Project Safe Neighborhoods
No
N/A
FY 2021 PSN Page 1 of 34 City of Fresno Police Department