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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