Riverside Co/Gang Task Force 14/15r
Riverside County Sheriff's Department
4095 Lemon Street, Riverside, CA 92501
Operational Agreement
Between the County of Riverside and City of La Quinta
For the Coachella Valley Violent Gang Task Force
TERM: July 1, 2014 through June 30, 2015
MAXIMUM REIMBURSABLE AMOUNT: $22,803.00
I. PARTIES TO THE AGREEMENT
This Agreement is entered into by and between the County of Riverside
(hereinafter "County") by and on behalf of the Sheriff's Department, and the City of La
Quinta (hereinafter "City").
II. PURPOSE
The Board of State and Community Corrections (BSCC) has allocated funding to
the County under the Federal Juvenile Accountability Block Grant (JABG) 2014/2015
Program. This agreement establishes the procedures for the Sheriff's Department to
provide JABG funding for reimbursement to the City for expenses incurred during fiscal
year 2014-2015 on behalf of the Coachella Valley Violent Gang Task Force (CWGTF)
for supplies and services.
III. TERM
The term of this Agreement shall commence on July 1, 2014, upon approval by
both parties, and shall remain in effect for twelve months.
IV. FUNDING
The Sheriff's Department shall reimburse the City in an amount not to exceed
$22,803 ($25,337, less 10% cash match of $2,534 required by the JABG).
Reimbursement shall cover supplies and expenses incurred on behalf of the CWGTF.
Examples of allowable expenses are janitorial services, alarm services, electricity, trash
collection, communications, general supplies, travel and uniforms.
The source of funding is the JABG # BSCC 155-14. The City agrees that the
County's obligation to pay any sum under this Agreement is contingent upon the
availability of sufficient JABG funds. In the ,event that JABG funding is suspended prior
to the end of the one year grant period, funding for the City will be suspended, or
prorated, accordingly.
V. RESPONSIBILITIES
A. City of La Quinta: The City shall comply with the terms and conditions of
the following exhibits which are by this reference made a part of the
Agreement.
I. Sections 1 through 10, Grant Agreement BSCC 155-14 (4 pages);
n.
Riverside County Sheriffs Department
4095 Lemon Street, Riverside, CA 92501
II. Exhibit A — Juvenile Accountability Block Grants Agreement
Standard Conditions (7 pages);
III. Exhibit B — Federal Assurances (3 pages); and
IV. Exhibit C — General Terms and Conditions.
The City agrees to bill the Sheriff's Department on a quarterly basis. Each
invoice must be certified by the City as a valid CVVGTF expense and
include source documentation that supports the billed costs. Travel
vouchers detailing the purpose, time, and destination must be submitted to
support travel claims; and purchase orders, invoices, etc., must be
submitted to support operating expense claims.
Invoices are due fifteen days after the last business day of the month.
Reporting Period:
Invoices Due No Later Than:
July 1, 2014 — September 30, 2014 October 15, 2014
October 1, 2014 — December 31, 2014 January 15, 2015
January 1, 2015 — March 31, 2015 April 15, 2015
April 1, 2015 — June 30, 2015 July 15, 2015
Invoices should be mailed to the following address:
Riverside County Sheriff's Department
Attn: Grants Unit
P.O. Box 512
Riverside, CA 92502
Sheriff's Department: The Sheriff's Department will process all
reimbursement claims within thirty (30) days of receipt of the invoice.
VI. BOOKS AND RECORDS
The City shall maintain adequate fiscal books, records, documents and other
evidence pertinent to the Agreement in accordance with generally accepted accounting
principles, and maintain adequate accounting records in support of its claims. The City
assumes responsibility for any disallowances which may arise as a result of audit
exceptions. The City further agrees to make records and supporting documentation
available to the Corrections Standards Authority or designees, and State or Federal
auditors during the course of this Agreement and for a minimum of three years after
final grant project audit. The City shall provide suitable facilities for access, monitoring,
inspection, and copying of books and records relating to the grant funded project.
VII. NONDISCRIMINATION
The City shall not discriminate in its recruiting, hiring, promoting, demoting, or
terminating practices on the basis of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, age, or sex in the
2
Riverside County Sheriff's Department
a� 4095 Lemon Street, Riverside, CA 92501
performance of this Agreement, and to the extent they shall apply, with the provisions of
the California Fair Employment Practices Act (commencing with Section 1410 of the
Labor Code), and the Federal Civil Rights Act of 1964 (P. L. 88-352).
VIII. LIABILITY
County and City, to the extent that liability may be imposed on the parties by the
provision of Government Code Section 895.2, shall be, liable for their own acts or
omissions, including all claims, liabilities, injuries, suits, and demands and expenses of
all kinds which may result or arise out of any alleged malfeasance or neglect, caused or
alleged to have been caused by either County or City, their. officers, directors,
employees or representatives, in the performance or omission of any act or
responsibility of their party under.this Agreement. In the event that a claim is made
against both the County and City, it is the intent of both parties to cooperate in the
defense of said claim and to cause their insurers to do likewise. The terms of this
section shall survive the termination of the Agreement.
IX. SIGNATURES
We, the undersigned, as authorized representatives of the County of Riverside
and the City of La Quinta, do hereby execute this document.
OUNtM OR RIVERSIDE
John Ander on
Chief Depu
ATTEST:
h-
Susan Maysels, City C3qrk
City of La Quinta, California
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
William H. Ihrke, City Attorney
City of La Quinta, California
Riverside. County SherifFs:Department
4095 Lemon.Street, Riverside, CA 92501
..performance .of this.Agreementand ._to._the extent.they shall apply, with the provisions. of
the: California'. Fair Employment 'Practices Act. (commencing with .Section'.14:10 bf •the
Labor Code), and the Federal Civil* Rights':Act of 1964 (P. L. 88-352).
Vill.:., LIABILITY
County and. City, to the -extent that liability:may be imposed on'the parties by the
provision of Government Code Section 895.2, -shall be, liable. for their own. acts or
omissions, including all claims,; liabilities, injuries, suits, and demands and expenses of
-all kinds which..may result.or arise out of any alleged, malfeasance.or.neg.lect:. caused or
alleged .to have been caused by:' .either County. 'or City, - their' officers,. directors,
employees or representatives, in the performance or`" omission of any act or
responsibility of their -:party under--thJs.:Agreement.-' In. the :event that .a: claim is' made
against both the. County and City, 'it ,is the intent •of both parties to cooperate in "the .
defense of said claim and to cause. -their insurers ..to do. likewise. The •terms: of this.
_sectionafiaFl survive the termination b-f the Agreement: — - - - --- . --
IX. .SIGNATURES
We, the 'undersigned, as authorized representatives of the'County of Riverside •.
-'and -the City of-L.a Quinta, do hereby: -execute this document..:
OUN O RIVERSIDE CITY OF LA QUINTA
y John Ander on By: Frank Spevacek
Tit : Chief Depu Title:. City Manager
te:.. Date:
. 'A 111:1aL1 11.• 1uL•AG, •. VJ.4�' uLl.V1uG�
City .of .La Quints, .California
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
BSCC 155-13
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCYS NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
COMACTORS.NAME
RIVERSIDE COUNTY
2. The term of this JULY 1, 2013 through JUNE 30, 2014
Agreement is:
3. The maximum amount $107,836.00
of this Agreement is: ONE HUNDRED SEVEN THOUSAND, EIGHT HUNDRED THIRTY-SIX DOLLARS AND NO CENTS
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Sections 1 through 11 4 pages
Exhibit A — Juvenile Accountability Block Grants Program Standard Conditions 6 pages
Exhibit B — Federal Assurances 3 pages
`Exhibit C — General Terms and Conditions GTC 610
Items shown with an Asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at.www.dqs.ca.00v (CA Department of General Services, Office of Legal Services —Standard Contract Language).
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
California Department of General
CONTRACTOR Services use only
CONTRACTOR'S NAME (ff other than an lndvidual, state whether a corporation partnership, etc.)
RIVERSIDE COUNTY
BY (Auth�Izeatu DAT(E�S'I�GNED�onnrt)pe)l 0 / ' /
PRI ANTE ND TITLE OF PERSON SIGNI
LEE WAGNER, Assistant Sheriff
ADDRESS
4095 Lemon Street, 2a 1 Floor
Riverside, CA 92501
STATE OF CALIFORNIA
AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
BY (Authorized Sgnature) DATE- SIGNS (Do not type)
.es 2� 30 13
PRINTED . 1E AND TITLE PERSON SIGNING
® Exempt per.
JEAN L. SCOTT, Deputy Director State Contracting Manual (SCM) 4.06
ADDRESS•
600 Bercut Drive
Sacramento, CA 95811
STATE OF CALIFORNIA
JUVENILE ACCOUNTABILITY BLOCK GRANTS PROGRAM
This Grant Agreement is between the
State of California, Board of State and Community Corrections, hereafter referred to as the "BSCC"
and
Riverside County,
an entity duly organized, existing and acting pursuant to the laws of the State of California, hereafter referred
, to as the "Grantee".
The parties agree as follows:
SECTION 1. PROJECT SUMMARY.
Project funds are utilized to support a multi -agency gang task force designed to gather and share information
on juvenile gang members. In its twelfth year of operation, the Coachella Valley Violent Gang Task Force
(CVVGTF) includes both state and local law enforcement agencies. The primary purpose of the CVVGTF is to
identify, track, and monitor violent juvenile gang members that evade law enforcement through movement
between communities and jurisdictions. The grant will include funding to dedicate a Deputy Sherriff who will
focus on intervention and. rehabilitation strategies and opportunities for at risk juveniles, conduct gang
interventions with juveniles and their parents, network with community leaders and conduct compliance
checks on juvenile probationers. The task force will provide services to at least 300-500 juvenile offenders
throughout the grant period.
SECTION 2. ASSURANCES
A. Grantee agrees to comply with all conditions of this Grant Agreement, all standard Grant Agreement
conditions as contained in Exhibit A, all federally required assurances as contained in Exhibit B, general
terms and conditions as contained in Exhibit C, and all budget items and conditions as contained in the
Application for Funding.
B. Grantee agrees to comply with the financial and administration requirements set forth in the most
current edition of the BSCC's Grant Administration and Audit Guide, Federal Juvenile Justice Grants.
SECTION 3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the
Grant Agreement and shall have authority to make determinations relating to any controversies that
may arise under or in connection with the interpretation, performance, or payment for work
performed under this Grant Agreement. Disputes shall be resolved in accordance with the provisions
of Exhibit A.
B: The Grantee project officials shall be those identified as follows and as specified in Section 1 of the
Application for Funding:
Riverside County Grant dreement BSCC ISS-13, Sectlo"S 1-11
Page 1 of 4 —"
Authorized officer with legal authority to sign:
NAME: Lee Wagner
TITLE: Assistant Sheriff
ADDRESS: 4095 Lemon Street, 2nd Floor, Riverside, CA 92501
TELEPHONE: (951) 955-2400
FAX: (951) 955-242a
EMAIL: Iwaener@rriversidesheriff.org
Designated financial officer authorized to receive warrants:
NAME: Antonio Saldana
TITLE: Finance Director
ADDRESS: 4095 Lemon Street, 3`d Floor, Riverside, CA 92501
TELEPHONE: (951) 955-2709
FAX: (951) 955-2720
EMAIL: asaldana@riversidesheriff.ore
C. Either party may change its project representatives upon written notice to the other parry.
SECTION 4. REPORTS
A. Grantee will submit quarterly progress reports, including results for the Federal performance
indicators, in a format developed by the BSCC that describes progress made with respect to program
objectives and.activities.
Due dates are as follows:
Reporting Periods Due (No Later Than):
1. July 1, 2013 through September 30, 2013 November 15, 2013
2.' October 1, 2013 through December31, 2013 February 15, 2014
3. January 1, 2014 through March 31, 2014 May 15, 2014
4. April 1, 2014 through June 30, 2014 August 15, 2014
B. Grantee will submit all other reports and data as required by the BSCC.
SECTION 5. ' INVOICES
A. The Grantee shall be paid in arrears by submitting a quarterly invoice for approved program
expenditures for the reporting periods and due dates noted in Section 4.
B. An invoice is due to the BSCC even when grant funds are riot expended in the reporting period.
SECTION 6. GRANT AMOUNT AND LIMITATION
Under no circumstances shall the BSCC be obligated to pay any amount in excess of the Grantee's award.
Grantee waives any and all claims against the BSCC; the State of California, and the Federal Government on
account of project costs that may exceed the sum of the award amount.
RiversideCaunty GrantAve mentBSCC155-13, Sections1-11
Page 2 of 4 _— ._.._....._
SECTION 7. AVAILABILITY OF FUNDS
A. Grantee agrees that the BSCC's obligation to pay any sum under any provision of this Grant
Agreement is contingent upon the availability of sufficient funds. This Grant Agreement is valid
and enforceable only if sufficient funds are made available by the United States Congress and
California Legislature.
B. Subject to any additional restrictions, limitations, statutes or conditions enacted by the United
States Congress, the outlined provisions, terms and funding may change at any time during the life
of this Grant Agreement.
SECTION 8. BUDGET
LINE ITEM
GRANT
FUNDS
CASH
MATCH
IN -KIND
MATCH
TOTAL
1. Salaries & Benefits
$81,234
$9,026
$90,260
2. Services & Supplies
$26,602
$2,956
$29,558
3. Professional Services
$0
4. CBO Contracts
$0
S. Administrative Overhead
$0
6. Fixed Assets/Equipment
$0
7.Other
$0
TOTALI
$107,836
1 $11,982
1 $0
$119,818
SECTION 9. AUDIT
Per Article 8 of the Standard Conditions, grant recipients must submit an audit of expenditures within 120 days
following the end of the grant period. Grantees may choose either a program -specific audit or a single federal
audit. Federal.guidelines allow grant recipients receiving $500,000 or more In federal funds in a fiscal year to
use their federal juvenile justice grant funds to pay for the cost of the audit. Grantees falling below the
$500,000 threshold must use non-federal funds (i.e., match funds) to pay for audit costs. For purposes of this
grant award, please check one of the boxes below to indicate the grantee's choice for meeting the audit
requirement.'
❑ in conformance with Federal OMB Circular #A-133, and the California State Controller's Accounting
Standards and Procedures Chapter 23, Grant Accounting Index, the identified grant will be included in the
City/County Single Federal Audit Report, which will be submitted to the BSCC within the required timeframe
of 120 days from the end of the grant period. NOTE: Should an extension be needed, please provide in
advance of the deadline a written justification that indicates the reason(s) for the extension and the timeframe
needed.
OR
® In conformance .with Federal OMB .Circular #A-133, and the California State Controller's Accounting
Standards and Procedures Chapter 23, Grant Accounting Index, the grantee will provide a Program -Specific
Final Audit Report to the BSCC within the required timeframe of 120 days from the end of the grant period.
RlversideCounty Grant�reementB
Page 3 of 4 SCC155-13. Secdonsl-ll
SECTION 10. SCOPE OF WORK
Grantee agrees to implement and complete the project in accordance with the approved Application for
Funding.
SECTION 11. CONFLICTS BETWEEN DOCUMENT TERMS
In the event- of any inconsistency in the Grant Agreement, except as otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following -order:
1) Grant Agreement Sections 1 through 11
2) Exhibit B, Federal Assurances
3) Exhibit A, Juvenile Accountability Block Grants Standard Conditions
4) Exhibit C, GTC 610
Riverside Count), Page 4 of 4 �_ -- ,_. _ Grant greement BSCC 15513 Sections 1-11
EXHIBIT A
JUVENILE ACCOUNTABILITY BLOCK GRANTS PROGRAM
STANDARD CONDITIONS
ARTICLE 1. ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in.
the form of a formal written amendment.
ARTICLE 2.. AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the
parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is
binding on any of the parties.
ARTICLE 3. PROJECT COSTS
The BSCC's Grant Administration and Audit Guide, Federal Juvenile Justice Grants outlines eligible and ineligible
project costs, as well as match and project income requirements. Grantee is responsible for ensuring that all
invoices contain only eligible project costs.
ARTICLE 4. GRANTEE'S GENERAL RESPONSIBILITY
Grantee is solely responsible for the project activities as identified in the Application for Funding. Review and
approval by the BSCC is solely for the purpose, of proper administration of grant funds by the BSCC and shall
not be deemed to relieve or restrict the Grantee's responsibility.
ARTICLE S. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the
State Lof California and the United States Department of Justice. Grantee shall at all times comply
with all applicable federal and state laws, rules, and regulations, and all applicable local
ordinances, specifically including, but not limited to, environmental, procurement and safety laws,
rules, regulations, and ordinances.
B. Fulfillment.ofAssurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the
Grantee in the Application for Funding, documents, amendments, approved modifications, and
communications filed in support of its request -for grant funds.
Riverside County Grant AgreementBSCC 155-13, ExhihitA
Page 1 of 6
C. Use of Grant Funds
Grantee shall expend all grant and matching funds solely for eligible project costs. Grantee shall,
upon demand, remit to the BSCC any grant funds and interest or income not expended for eligible
project costs or an amount equal to any grant funds expended by the Grantee in violation of the
terms, provisions, conditions, or commitments of this Grant Agreement.
D. Permits and licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all
charges and fees, and give all notices necessary or incidental.to the due and lawful proceeding of
the project work.
E. Contracting Requirements
In accordance with the provisions of this Grant Agreement, the Grantee may contract with public
or private contractors for services where activities are necessary for the program/project
implementation. Grantee agrees that in the event of any inconsistency between the "Grant
Agreement, its Exhibits and Grantee's agreement for services with a contractor, the Grant
Agreement and its Exhibits will prevail. Grantee shall ensure that the contractor complies with all
requirements of the Grant Agreement.
Grantee assures that for any contract awarded by the Grantee, such insurance and fidelity bonds,
as is customary and appropriate, will be obtained.
Grantee agrees to place appropriate language in all contracts for work on the project requiring the
Grantee's contractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent
to the contractor's work on the project in accordance with generally accepted accounting
principles. Adequate supporting documentation shall be maintained in such detail so as to
permit tracing transactions from the invoices, to the accounting records, to the supporting
documentation. These records shall be maintained for. a minimum of three (3) years after
acceptance of the final grant project audit under the Grant Agreement, and shall be subject to
examination and/or audit by the BSCC or designees, state government auditors or designees,
or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the
BSCC or designees, the Department of General Services, the Department of Finance, the
Bureau of State Audits, their designated representatives, and federal government auditors or
designees, during the course of the project and for a minimum of three (3) years after
acceptance of the final grant project audit. The Contractor shall provide suitable facilities for
access, monitoring, inspection, and copying of books and records related to the grant -funded
project.
3) Non-discrimination Clause
During the performance of this Agreement, Contractor and its subcontractors shall comply
with all Federal statutes relating to non-discrimination, including but not limited to
RFverside Coin _ _ Page 2 of 6 GrantAqreement BSCC 155-13, ExhlbitA
"—"
prohibitions against discrimination on the basis of sex, race, color, ancestry, religious creed,
national origin, physical. disability (including HIV and AIDS), mental disability, medical
condition, age or marital status.
ARTICLE 6. PROJECT ACCESS
Grantee shall insure that the BSCC, or any authorized representative,. wil I have suitable access to the project
activities, sites, and staff at all reasonable times during project implementation.
ARTICLE 7. RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate
documentation of all actions that have been taken with respect to the project, in accordance with
generally accepted government accounting principles.
B. The Grantee shall establish separate accounting records and maintain documents and other
evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds,
including grant funds and any matching funds by the Grantee and the total cost of the project.
Source documents include copies of all awards, applications, approved modifications, financial
records, and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals
reimbursed under the grant, whether they are employed full-time or part-time. Time and effort
reports are required for consultants and contractors.
D. The Grantee shall -maintain. documentation for donated goods and/or services, including the basis
for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are
stored away from the Grantee's principal office, a written index of the location of records stored
must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after
closeout of the grant project and shall be subject at all reasonable times to in
examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees.
If any litigation, claim, negotiation, audit, or other action involving the records has been started
before the expiration of the three-year period, the records_ must be retained until the completion
of the action and resolution of all issues which arise from it or until the end of the regular three-
year period, whichever is later.
ARTICLE B. ACCOUNTING AND AUDIT REQUIREMENTS
All funds received by the Grantee shall be deposited into separate fund accounts which identify the funds and
clearly show the manner of their disposition. Grantee agrees that the audit and accounting procedures shall
be in accordance with generally accepted government accounting principles and practices (see Accounting
Standards and Procedures for Counties, California State Controller, Division of Local Government Fiscal Affairs)
and adequate supporting documentation shall be maintained in such detail so as to provide an audit trail
which will permit tracing transactions from support documentation to the accounting records to the financial
reports and invoices. The Grantee further agrees to the following audit requirements:
Riverside County CrantAgreementBSCC155-13, Exhihitt)
'"""'" Page 3 of 6
A. Federal Single Audit Act
If the Grantee expends $500,000 or more in a year in federal funds, Grantee agrees to comply with
the provisions pursuant to the Federal Office of Management and Budget Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit Organizations." Circular No. A-133 requires
non-federal entities that meet the expenditure criteria to have either a single or program -specific
audit conducted for that expenditure year.
B. Interim Audit
The BSCC reserves the right to call for a program audit or a system audit at any time between the
execution of this Grant Agreement and the completion or termination of the project. At any time,
the BSCC may disallow all or part of�the cost of the activity or action determined to not be in
compliance with the terms and conditions of this Grant Agreement, or take other remedies legally
available.
C. Annual Audit
1) .Within 120 calendar days of the Grant Agreement end.date, all Grantees must obtain and
submit an annual program audit to the BSCC. Only Grantees expending $500,000 or more in a
year are authorized to use federal funds to pay the costs associated with performing the audit.
Should the federal single audit report include this grant project, -the Grantee may submit the
federal single audit to satisfy the annual audit requirement. The audit shall be prepared in
accordance with generally accepted auditing standards and government auditing standards for
financial and compliance audits.
2) Since the. audit function must maintain organizational independence, the Grantee's financial
officer for this project shall not perform the annual audit. If the Grantee's internal auditor
performs the audit, the auditor must be organizationally independent from the Grantee's
accounting and project management functions. Additionally, Grantee's internal auditors who
report to the financial officer, or to whom the financial officer reports, shall not perform the
audit. The person conducting the audit shall be a certified public accountant, unless a Grantee
auditor completes the audit.
ARTICLE 9. CHANGES
A. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during
the course of the project.
B. No change or modification in the project will be permitted without prior written approval from the
BSCC. Changes may include modification to project scope, changes to performance measures,
compliance with collection of data elements, and other significant changes in the budget or
program components contained in the Application for Funding. Changes shall not be implemented
by the project until authorized by the BSCC.
C. Under no circumstances will any budget line item changes be authorized which would cause the .
project to exceed the amount of.the grant.award identified in the Grant Agreement. Further, in no
event shall changes be authorized for the Indirect Costs/Administrative Overhead line item that
would result in that line item exceeding five percent (5%) of the grant award.
Riverside Counter Grant Agreement BSCC 155-13, Exhibit A
Page 4 of 6
ARTICLE 10. DISBURSEMENT
The Grantee shall be paid in arrears on invoices submitted to the BSCC on the forms or processes determined
by the BSCC, certifying,to the accuracy of the reports in accordance with generally accepted governmental
accounting principles and BSCC regulations, guidelines, policies and procedures.
ARTICLE 11. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in
the event that the Grantee has materially and substantially breached the terms and conditions of
this Grant Agreement.
B. At such time as the balance of federal funds allocated to the Grantee reaches five percent (5%),
the BSCC shall withhold that amount as security, to be released to the Grantee upon compliance
with all grant provisions, including: 1) submittal and approval of the final invoice; 2) submittal and
approval of the final progress report; 3) submittal and approval of any additional required reports;
and 4) submittal and approval of the final audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant
funds have been. provided for costs subsequently discovered to be ineligible, the BSCC may either
withhold an equal amount from future payments to the Grantee or require repayment of an equal
amount to the state by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC's Executive Director or
designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the
time within which the Grantee may remedy the failure or violation leading to the withholding.
ARTICLE 12. TERMINATION
A. This Grant Agreement maybe terminated at anytime by the BSCC, where It appears that there will
be lack of grant funds available to fulfill this Grant Agreement, provided that after such
termination, the Grantee shall be entitled to an amount that equals the eligible project costs that
have been incurred by the Grantee prior to such termination.
B. This Grant Agreement may be terminated after the award of the Grant Agreement but prior to
completion of the project, by the BSCC, upon action or inaction by the Grantee that constitutes a
material and substantial breach of this Grant Agreement. Such action or inaction by the Grantee
includes but is not limited to:
1) Substantial alteration of the scope of the grant project without the prior written approval of
the BSCC;
2) Refusal or inability to complete the grant project in a manner consistent with the Application
for Funding or approved modifications;
3) Failure to provide the required local match share of the total project costs;
4) Failure to. meet prescribed assurances; commitments, Grant Agreement, and recording,
accounting, auditing, and reporting requirements.
gversideCounPage 5 of 6
ty Grant Agreement BSCC 155-13, ExhIVtA
•- - "�"�
C. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee
at least 30 days written notice stating the reasons for termination and effective date thereof. The
Grantee may appeal the termination decision in accordance with Article 13.
ARTICLE 13. DISPUTES
A. Grantee shall continue with the responsibilities under this Agreement during any dispute.
B. The Grantee may appeal a BSCC staff decision on the basis of alleged misapplication, capricious
interpretation of the regulations, policies and procedures, or substantial differences of opinion
that may occur concerning the proper application of regulations, policies or procedures.
C. I If the Grantee is dissatisfied with an action,of BSCC staff, the Grantee may appeal the cause of the
dissatisfaction to the Deputy Director in charge of the Corrections Planning and Programs Division
of the BSCC. Such appeals shall be filed within 30 calendar days of the notification of action with
which the Grantee is dissatisfied. The appeal shall be in writing, and shall:
• state the basis for the dissatisfaction;
• state the action being requested of the Deputy Director; and,
• include any correspondence/documentation related to the cause for dissatisfaction.
D. The Deputy Director will review the correspondence and related documentation and render a
decision on the. appeal within 30 calendar days, except in those cases where the Grantee
withdraws or abandons the appeal. The procedural time requirement may be waived with the
mutual consent of the Grantee and the Deputy Director.
E. The Deputy Director may render a decision based on the correspondence and related
documentation submitted by the Grantee and may consider other relevant sources of information
deemed appropriate. The decision of the Deputy Director shall be in writing and shall provide the
rationale for the decision.
F. If the Grantee is dissatisfied with the decision of the Deputy Director, the Grantee may file a request
for review by the BSCC Executive Director. Such a request shall be filed within 30 calendar days after
receipt of the Deputy Director's decision. The requested review shall be in writing, and shall:
state the basis for the dissatisfaction;
state the action being requested of the Executive Director; and
include any correspondence/documentation related to the appeal.
G. The Executive Director, after reviewing the appeal and the correspondence related to the review, may
decide the matter on the record or request additional information. After a decision is made by the
Executive Director, notice of the decision shall be mailed to the Grantee. The decision of the
Executive Director shall be final.
ARTICLE 14. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to
law, provided that any such waiver shall be in writing and signed by the party making such waiver.
RiversideCoun¢y Grout reementBSCC155-I3,- ExhihitA
Page 6 of 6 "__ ...
EXHIBIT B
FEDERAL ASSURANCES
The Grantee hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines
and requirements including the following:
1. As required by Section 1352, Title 31 of the U.S." Code, and implemented as 28 CFR, Part 69, the Grantee
certifies that:
A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative
agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
federal grant or cooperative agreement, the Grantee shall complete and submit Standard Form LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions.
C. The Grantee shall requirethat the language of this certification be included in the award documents
for all sub -awards at all tiers (including sub -grants, contracts under grants and cooperative agreements
and subcontracts) and that all sub -recipients shall certify and disclose accordingly.
2. As required by Executive Order 1250, Debarment and Suspension; and implemented at 28 CFR, Part 67,
the Grantee certifies that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of federal benefits by a State or Federal Court, or voluntarily excluded from covered
transactions by any federal department or agency.
B. Have not, within a three-year period preceding this application, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property.
C. Are not presently indicted for, or otherwise criminally, or civilly, charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated above.
D. Have not, within a three-year period preceding this Grant Agreement, had one or more public
transactions (federal, state, or local) terminated for cause or default.
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, the Grantee
certifies that they will provide a drug -free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the Grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
Riverside Ownty _ � _ GrantAQreement BSC C 15513, Exhibit B
Page i of 3
B. Establishing an on -going drug -free awareness program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The Grantee's policy of maintaining a drug -free workplace;
3) Any available drug counseling, rehabilitation, and employee assistance programs; and
4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
C. Making it a requirement that each employee to be engaged'in the performance of the grant project be
given a copy of the statement required by paragraph (A);
D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment
Under the grant, the employee will:
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
E. Notifying the BSCC in writing, within 10 calendar days after receiving notice under subparagraph D.2
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall
include the identification number of each affected grant;
F. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
D.2, with respect to any employee who is so convicted:
1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended, or
2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
G. Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs A, B, C, D, E; and F.
4. Grantee agrees to comply with the financial and administration requirements set forth in the current
edition of the 01P Financial Guide.
S. Grantee will maintain an Equal Employment Opportunity Plan (EEOP) if the grant award is more than
$25,000.
6. If the grant award is $500,000 or more, and the Grantee has 50 or more employees, Grantee must submit
its EEOP within 60 days from the date of this award to the Federal Office for Civil Rights (OCR)
(www.oio.usdoi.tov/ocr). A copy of the federal approval letter must be submitted to the BSCC. If Grantee
has a current EEOP approval letter, it shall be submitted to the BSCC.
7. Grantee acknowledges that failure to submit the required EEOP that is approved by the Office for Civil
Rights (OCR) is a violation of its Certified Assurances and may result in suspension or termination of
funding, until such time as the Grantee is in compliance.
8. In the event a Federal or State court or administrative agency makes a finding of discrimination after a due
Riverside County_ Grant Agreement BSCC 155-13_Exhi6itB
Page 2 of 3
{
process hearing on grounds of race, color, religion, national origin, sex, or disability against the Grantee,
the Grantee will forward a copy of the finding to OCR..
9. Grantee,'
rantee agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits. of
States, local Governments, and Non -Profit Organizations, as further described in the current edition of the
OJP Financial Guide, Chapter 19.
10. Grantee agrees to comply, with all confidentiality requirements of 42 U.S.C. section 3789 g and 28 C.F.R.
Part 22 that are applicable to collection, use, and revelation of data or information.
11. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures
regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
Riverside County Page 3 of 3 Grant greement BSCC 155-13, Exhibit H
'"' �""" '"" "'"
GTC 307
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not
commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required: No oral
understanding or Agreement not incorporated in the Agreement.is binding on any of the
.parties
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole
or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor_ agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall_ have the.
right to review and to copy any records and supporting documentation pertaining. to the
performance of this Agreement. Contractor agrees to maintain such records for possible
audit for a minimum of three (3) years after final payment, unless a longer period of.
records retention is stipulated. Contractor agrees to allow the auditor(s) access to.such
records: during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further, Contractor agrees
to include a similar right of the'State. to.audit records and interview'staff in any
subcontract related to performance of this Agreement, (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to.indemnify, defend and save harmless .the
State, its officers., agents and employees from any and all claims and losses accruing or
resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm or corporation furnishing or supplying work services, materials, or supplies
in connection with the performance of this Agreement; and from any and 'all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or
damaged by Contractor in the performance of:this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement
during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of this
Agreement at the time and.in the manner herein provided..ln the event of such
termination the State may proceed with the work in any manner deemed proper by the
Grantee: Riverside county Page 1 of 4
State. All costs to the State shall be deducted from any sum due the Contractor under
this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents. and employees of
Contractor, in the performance of this Agreement, shall act in an independent capacity
and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post consumer material as defined
in the Public Contract. Code Section 12200, in products, materials, goods, or supplies
offered or. sold to the State regardless of whether the product meets the requirements of
Public Contract Code Section 12209. With respect to printer or duplication cartridges
that comply with the requirements of Section 12156(e), the certification required"by this
subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205y).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow
harassment against any employee or applicant for employment because of sex, race,
color, ancestry, religious creed, national origin, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer), age (over40),.marital status, and
denial of family care leave. Contractor and subcontractors shall insure that the
evaluation and treatment of their employees and applicants for employment are free
from such discrimination and harassment. Contractor and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et
seq.) and the applicable regulations promulgated thereunder (California Code of
Regulations, Title 2, Section 7285 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 of Title 2 of the California Code of Regulations,
are incorporated into this Agreement by reference and made a part hereof as if set forth
in full. Contractor and its subcontractors shall give written notice of their obligations
under this clause. to labor organizations with which they have a collective bargaining or
other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work' under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a
part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all..of Contracto.r's expenses` incurred in the performance.
hereof,, including travel, per diem, and taxesi unless otherwise expressly so provided.
Grantee: Riverside County Page 2 of 4.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes Sections set
out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its political subdivisions or public agencies
on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S,.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, materials, or services by the bidder for sale to the purchasing body pursuant to
the bid. Such assignment shall be made and become effective at the time the -
purchasing body tenders final payment to the bidder. Government Code Section 4552:
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the
assignor shall be entitled to receive reimbursement for actual legal costs incurred and
may, upon demand, recover from the public body any portion of the recovery, including
treble damages, attributable to overcharges that were paid by the assignor but were not
paid by the public body as part of the bid price, less the expenses incurred in obtaining
that portion of the recovery. Government Code Section 4558.
d. Upon demand in writing by the assignor; the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the assignor has
been or may have been injured by the violation of law for which the cause of action
arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to
file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000,
the contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and
Grantee: Riverside County Page 3 of 4
compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to
the New Hire Registry maintained by the California Employment Development
Department."
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in
excess of $200,000, .the Contractor shall give priority consideration in filling vacancies in
positions. funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code. §10353.
Grantee: Riverside County Page 4 of 4