HomeMy WebLinkAboutPD Byrne State Crisis Intervention Program (SCIP) Grant Acceptance____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: October 20, 2025
Disposition: Resolution 15467
Agenda Item No: 5.d
Meeting Date: October 20, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Todd Berringer, Police Lieutenant City Manager Approval: ______________
TOPIC: BYRNE STATE CRISIS INTERVENTION PROGRAM (SCIP) GRANT ACCEPTANCE
SUBJECT: RESOLUTION APPROVING THE ACCEPTANCE AND APPROPRIATION OF BYRNE
STATE CRISIS INTERVENTION PROGRAM (SCIP) GRANT FUNDS IN THE AMOUNT
OF $483,282 TO SUPPORT THE SAN RAFAEL SPECIALIZED ASSISTANCE FOR
EVERYONE (SAFE) TEAM, EXPAND CRISIS RESPONSE SERVICES, AND DEVELOP
ENHANCED FIREARM RELINQUISHMENT PROCEDURES, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ANY RELATED
DOCUMENTS
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution approving the acceptance and appropriation
of Byrne State Crisis Intervention Program (SCIP) grant funds in the amount of $483,282 covering the
period August 1, 2025, through September 30, 2027, and authorize the City Manager to execute the grant
agreement and any other documents related to the grant.
BACKGROUND:
The City of San Rafael has prioritized innovative approaches to community safety that reduce reliance
on traditional law enforcement responses for individuals experiencing mental health crises. In March
2023, San Rafael launched the Specialized Assistance for Everyone (SAFE) Team, a civilian-based crisis
intervention initiative modeled after successful national programs. The SAFE Team, staffed by Crisis
Intervention Specialists and Emergency Medical Technicians (EMTs), provides trauma-informed, non-
law enforcement responses to behavioral health and social service-related calls. In 2024, the SAFE Team
responded to more than 3,000 calls for service, accounting for over 8% of the total police department call
volume.
At the same time, San Rafael, like many California cities, has experienced a rise in firearm-related risks,
including the unlawful possession of un-serialized “ghost guns” and access to firearms by prohibited or
at-risk individuals. Between 2019 and 2023, the San Rafael Police Department (SRPD) seized 117
unlawful firearms, including 13 ghost guns.
While the SAFE Team has demonstrated success in reducing arrests and the use of force, continued
funding is critical to sustain the program after the expiration of the City’s three-year pilot in February 2026.
Additional resources are also needed to formalize firearm relinquishment protocols, expand officer
training in crisis intervention and firearm risk assessment, and strengthen community-based initiatives.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
The Byrne SCIP grant will enable San Rafael to:
• Sustain the SAFE Team: Pursuant to the Council goals and objectives (Priority Area E.2.2), this
funding will support three Crisis Intervention Specialists, ensuring continuity of service after the
expiration of the pilot program in February 2026. Specialists will provide trauma-informed crisis
responses, proactive outreach, and service navigation for vulnerable populations.
• Enhance Law Enforcement Training: All SRPD officers will receive Crisis Intervention Training
(CIT), de-escalation instruction, and firearm risk assessment training, improving response
outcomes and reducing use-of-force incidents.
• Refine Firearm Relinquishment Procedures: The project will develop standardized protocols for
firearm access assessments and relinquishment under Extreme Risk Protection Orders (ERPOs).
• Promote Community Firearm Safety: In partnership with county and local agencies, the City will
provide education and outreach materials to community members on extreme risk protection
orders and safe firearm relinquishment processes.
This initiative aligns with the Byrne SCIP Purpose Areas 1, 2, and 3 by advancing crisis response,
reducing violence, and supporting community-based alternatives to involvement in the justice system.
FISCAL IMPACT:
Grant funds will be deposited into the Grant Fund – Safety (Fund #281) and appropriated for operational
expenses, including personnel costs, training, educational materials, and outreach. No City General Fund
monies will be required to implement the grant activities, though the City will continue to provide matching
resources to support the SAFE Team’s EMT positions.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as presented.
2. Adopt the resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the resolution approving the acceptance and appropriation
of Byrne State Crisis Intervention Program (SCIP) grant funds in the amount of $483,282 covering the
period August 1, 2025, through September 30, 2027, and authorize the City Manager to execute the grant
agreement and any other documents related to the grant.
ATTACHMENTS:
1. Resolution
2. Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant Contract Agreement
3. Attachment A Budget Attachment
4. Attachment B Project Work Plan
5. Attachment C Criteria for Non-Governmental Organizations Receiving Byrne SCIP Funds as a
Subcontractor
6. Attachment D Certification of Compliance with the Board of State and Community Corrections
(BSCC) Policies Regarding Debarment, Fraud, Theft, and Embezzlement
RESOLUTION NO. 15467
RESOLUTION APPROVING THE ACCEPTANCE AND APPROPRIATION OF
BYRNE STATE CRISIS INTERVENTION PROGRAM (SCIP) GRANT FUNDS
IN THE AMOUNT OF $483,282 TO SUPPORT THE SAN RAFAEL
SPECIALIZED ASSISTANCE FOR EVERYONE (SAFE) TEAM, EXPAND
CRISIS RESPONSE SERVICES, AND DEVELOP ENHANCED FIREARM
RELINQUISHMENT PROCEDURES, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT AND ANY RELATED
DOCUMENTS
Whereas, the State of California, Board of State and Community Corrections granted
the City of San Rafael $483,282 in grant funds for the period of August 1, 2025,
through September 30, 2027; and
Whereas, these grant funds may be spent to pay wages, travel, equipment, and
educational materials associated with the Byrne State Crisis Intervention Program to
improve crisis response and intervention services to reduce gun violence and
enhance public safety; and
Whereas, these grant funds will serve to maintain the Specialized Assistance for
Everyone (SAFE) Team's capacity, improving coordination with law enforcement
and mental health professionals, and refining firearm relinquishment procedures
to reduce uses of force incidents, justice system diversions, and unauthorized
firearm access; and
Whereas, these grant funds will be utilized to educate SAFE Team members,
community members, and SRPD officers on Extreme Risk Protection Orders; and
Whereas, the Police Department will use the SCIP Grant funds for personnel costs of
a Police Lieutenant, Police Business Manager, Senior Management Analyst and
Police Officers incurred in connection with managing the grant and training; and
Whereas, the Police Department will use the SCIP Grant funds to continue Petaluma
People’s Services Center’s SAFE Team; and
NOW, THEREFORE BE IT RESOLVED, that the City Council approves the use of
$483,282 in State of California, Board of State and Community Corrections grant funds
to enhance the City’s crisis response and firearm relinquishment procedures from
August 1, 2025 through September 30, 2025, and authorizes the City Manager to
execute a Grant Agreement and any documents related to the Grant in a form
approved by the City Attorney.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the
San Rafael City Council meeting held on October 20th, 2025 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC135325
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable)
STD 213 (Rev 03/2019) BSCC 1353- 25
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
City of San Rafael
2. The term of this Agreement is:
START DATE
August 1, 2025
THROUGH END DATE
SEPTEMBER 30, 2027
3. The maximum amount of this Agreement is:
$483,282.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are
by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D
Special Terms and Conditions 4
Exhibit E FY 2022-2023 & FY 2024 Byrne State Crisis Intervention Program (SCIP) Federal Conditions 39
Attachment 1* Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant Request for Proposals *
Attachment 2 Byrne SCIP Cohort 2 Grant Proposal & Budget 17
Attachment C Criteria for NGO Organizations Receiving Byrne SCIP Funds as a Subcontractor 2
Attachment D Cert of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft & Embezzlement 1
Appendix A
Byrne SCIP Advisory Board Roster 1
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Subawards 2
* This item is hereby incorporated by reference and can be viewed at:
https://www.bscc.ca.gov/byrne-state-crisis-intervention-program/
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of San Rafael
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
1400 Fifth Avenue San Rafael CA 94901
PRINTED NAME OF PERSON SIGNING TITLE
Cristine Alilovich City Manager
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
City of San Rafael
BSCC 1353-25
Page 1 of 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
1. GRANT AGREEMENT – Byrne State Crisis Intervention Program (SCIP) Cohort 2 Grant
This Grant Agreement is between the State of California, Board of State and Community
Corrections (hereafter referred to as BSCC) and City of San Rafael (hereafter referred to as the
Grantee or Contractor).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The goal of the BSCC Byrne State Crisis Intervention Program funding is to develop a
multipronged approach to decreasing gun violence in California, supporting local jurisdictions
in their efforts to improve firearms relinquishment procedures and supporting the enhancement
of programs that address behavioral health issues, with a focus on people who are at higher
risk for gun violence.
B. Grantee agrees to administer the project in accordance with Attachment 1: Byrne State Crisis
Intervention Program (SCIP) Cohort 2 Grant Request for Proposals (incorporated by reference)
and Attachment 2: Byrne SCIP Cohort 2 Grant Proposal, which are attached and hereto and
made part of this agreement.
3. 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 regarding the interpretation, performance, or
payment for work performed under this Grant Agreement.
B. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Christine Alilovich
Title: City Manager
Address: 1400 Fifth Avenue, San Rafael, CA 94901
Phone: 415-485-3384
Email: Cristine.alilovich@sanrafael.org
Designated Financial Officer authorized to receive warrants:
Name: Van Bach
Title: Accounting Manager
Address: 1400 Fifth Avenue, San Rafael, CA 94901
Phone: 415-485-5001
Email: Van.Bach@cityofsanrafael.org
Project Director authorized to administer the project:
Name: Todd Berringer
Title: Lieutenant/San Rafael Police Department
Address: 1375 Fifth Ave, San Rafael, CA 94901
Phone: 415-485-3471
Email: 501@srpd.org
C. Either party may change its project representatives upon written notice to the other party.
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she
has full legal authority to bind the entity for which he or she signs.
City of San Rafael
BSCC 1353-25
Page 2 of 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described
in Attachment 1: Byrne SCIP Cohort 2 Request for Proposals (incorporated by reference) and
Attachment 2: Byrne SCIP Cohort 2 Grant Proposal.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These
reports, which will describe progress made on program objectives and include required data,
shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. August, 2025 to September 30, 2025 October 15, 2025
2. October 1, 2025 to December 31, 2025 January 15, 2026
3. January 1, 2026 to March 31, 2026 April 15, 2026
4. April 1, 2026 to June 30, 2026 July 15, 2026
5. July 1, 2026 to September 30, 2026 October 15, 2026
6. October 1, 2026 to December 31, 2026 January 15, 2027
7. January 1, 2027 to March 31, 2027 April 15, 2027
8. April 1, 2027 to June 30, 2027 July 15, 2027
9. July 1, 2027 to July 31, 2027 October 15, 2027
Note: Project activity period ends July 31, 2027. The period of August 1, 2027 to September
30, 2027 is for completion of Final Local Evaluation Report and financial audit only.
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan December 31, 2025
2. Final Local Evaluation Report September 30, 2027
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate
documentation of all actions taken with respect to the project, including copies of this Grant
Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other
evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds,
including grant funds and any matching funds by the Grantee and the total cost of the project.
Source documentation includes copies of all awards, applications, approved modifications,
financial records and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals
reimbursed under the grant, whether they are employed full-time or part-time. Time and effort
reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the
basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are
stored away from the Grantee’s principal office, a written index of the location of records stored
must be on hand and ready access must be assured.
City of San Rafael
BSCC 1353-25
Page 3 of 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years
after closeout of the grant project and shall be subject at all reasonable times to inspection,
examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or
designees. If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the expiration of the three-year period, the records must be retained until
the completion of the action and resolution of all issues which arise from it or until the end of
the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the
Byrne SCIP Advisory Board (See Appendix A) from receiving funds from the grants awarded
under this RFP. Applicants who are awarded grants under this RFP are responsible for
reviewing the Byrne SCIP Advisory Board membership roster (see Appendix A) and ensuring
that no grant dollars are passed through to any entity represented by the members of the Byrne
SCIP Advisory Board.
B. In cases of an actual conflict of interest with an Advisory Board member, the Board may revoke
the grant award and legal consequences could exist for the parties involved, including, but not
limited to, repayment of the grant award.
8. AUDIT
Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction
thereof, for the entire three-year grant cycle. Grantees may choose either a program-specific audit
or a single federal audit. Federal guidelines allow grantees receiving $750,000 or more in federal
funds in a fiscal year to use their federal justice assistance grant funds to pay for the cost of the
audit. Grantees falling below the $750,000 threshold must use non-federal funds (i.e., match
funds) to pay for audit costs. For purposes of this grant award grantee is required to check one of
the boxes below to indicate how they will meet the audit requirement.
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and
the California State Controller’s Accounting Standards and Procedures, Chapter 23, Grant
Accounting Index, the identified grant will be included in the City/County Single Federal Audit
Report, which will be submitted to the BSCC within 30 days of the Grantee’s receipt of the
report or within nine months following the end of the audit period, whichever is earlier.
OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and
the California State Controller’s Accounting Standards and Procedures Chapter 23, Grant
Accounting Index, the grantee will provide a Program-Specific Final Audit Report to the BSCC
within 30 days of the Grantee’s receipt of the report or within nine months following the end of
the audit period, whichever is earlier.
OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the
non-governmental entity grantee does not expend $750,000 or more in total federal awards
during the fiscal year and is therefore, exempt from Federal audit requirements for this grant
contract period. However, the entity understands that it must keep and maintain the grant
City of San Rafael
BSCC 1353-25
Page 4 of 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
records and make them available for review or audit by appropriate officials of the Federal
agency, pass-through agency (i.e., the Board of State and Community Corrections) and
Governmental Accountability Office.
9. UNIQUE ENTITY IDENTIFIER (UEI)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active
registration of their Unique Entity Identifier (UEI) number, used for this Grant Agreement,
throughout the term of the contract. An active UEI number is also required to remain in compliance
with the Federal Funding Accountability and Transparency Act (FFATA), a reporting tool Federal
prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report
subaward and executive compensation.
City of San Rafael
BSCC 1353-25
Page 1 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC
that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. August 1, 2025 to September 30, 2025 November 15, 2025
2. October 1, 2025 to December 31, 2025 February 15, 2026
3. January 1, 2026 to March 31, 2026 May 15, 2026
4. April 1, 2026 to June 30, 2026 August 15, 2026
5. July 1, 2026 to September 30, 2026 November 15, 2026
6. October 1, 2026 to December 31, 2026 February 15, 2027
7. January 1, 2027 to March 31, 2027 May 15, 2027
8. April 1, 2027 to June 30, 2027 August 15, 2027
9. July 1, 2027 to July 31, 2027 September 15, 2027
Final Invoicing Periods: Due no later than:
10. August 1, 2027, to September 30, 2027* November 15, 2027
*Note: Only expenditures associated with completion of the Final Local Evaluation Report and
the financial audit may be included on the invoice.
B. All project expenditures (excluding costs associated with the completion of the Final Local
Evaluation Report and the financial audit) and all obligated match contributions must be incurred
by the end of the grant project period, July 31, 2027, and included on the invoice due September
15, 2027. Project expenditures incurred after July 31, 2027 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by September 30, 2027. Expenditures incurred
for the completion of the Final Local Evaluation Report during the period of August 1, 2027 to
September 30, 2027 must be submitted during the Final Invoicing Period(s), with the final invoice
due on November 15, 2027. Supporting fiscal documentation will be required for all expenditures
claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not
expended or requested during the invoicing period.
E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures.
Grantees are required to maintain supporting documentation for all expenditures on the project
site for the life of the grant and make it readily available for review during BSCC site visits. See
Exhibit A. Scope of Work, Item 6. Project Records.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee
waives any and all claims against the BSCC, and the State of California on account of project
costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to
exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE
City of San Rafael
BSCC 1353-25
Page 2 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
A. Funding for Byrne SCIP was appropriated as part of the supplemental appropriations enacted
under Division B of the Bipartisan Safer Communities Act. It is mutually agreed that if the Budget
Act of the current year and/or any subsequent year covered under this Grant Agreement does
not appropriate funds for the purposes of this program, this Grant Agreement shall be of no
further force and effect. In this event, the BSCC shall have no liability to pay any funds
whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee
shall not be obligated to perform any provisions of this Grant Agreement.
B. This Grant Agreement is valid and enforceable only if sufficient funds are made available by the
United States Congress. Grantee agrees that the BSCC’s obligation to pay any sum to the
Grantee under any provision of this agreement is contingent upon the availability of sufficient
funds.
C. If Byrne SCIP funding is reduced or falls below estimates contained within the Byrne SCIP Cohort
2 Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement
with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee
to reflect a reduced amount.
D. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an
amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that
the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have
no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under
this Agreement and Grantee shall not be obligated to perform any provisions of this Grant
Agreement except that Grantee shall be required to maintain all project records required by
Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this
agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs.
“Eligible” and “ineligible” project costs are set forth in the July 2023 BSCC Grant Administration
Guide, which can be found under Grantee Resources here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/
B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this
agreement and Grantee shall be responsible for adhering to the requirements set forth therein.
To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement
conflict, the language in this agreement shall prevail.
C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual
expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project
costs or an amount equal to any grant funds expended by the Grantee in violation of the terms,
provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds that
expand current program activities. Grant funds shall not replace (supplant) any federal, state
and/or local funds that have been appropriated for the same purpose. Violations can result in
recoupment of monies provided under this grantor suspension of future program funding through
BSCC grants.
5. PROMPT PAYMENT CLAUSE
City of San Rafael
BSCC 1353-25
Page 3 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
Payment will be made in accordance with, and within the time specified in, Government Code
Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement
in the event the Grantee has materially and substantially breached the terms and conditions of
this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%),
the BSCC may withhold that amount as security, to be released to the Grantee upon compliance
with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and
3) submittal and approval of any additional required reports, including but not limited to the Final
Local Evaluation Report and final audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant
funds have been provided for costs subsequently deemed ineligible, the BSCC may either
withhold an equal amount from future payments to the Grantee or require repayment of an equal
amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or
designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the
time within which the Grantee may remedy the failure or violation leading to the withholding.
City of San Rafael
BSCC 1353-25
Page 4 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
7. PROJECT BUDGET
Project Budget
Line Item
1. Salaries and Benefits $81,120
2. Services and Supplies $1,950
3. NGO Subcontractors Providing Services $369,671
4. Professional Services/Independent Contractors $7,200
5. Public Agency Subcontractors $0
6. Equipment/Fixed Assets $0
7. Other (including training, travel, etc.) $2,016
8. Indirect Costs $21,325
TOTAL: $483,282
City of San Rafael
BSCC 1353-25
Page 1 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
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. In the event of such termination the State may proceed with the work
in any manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor
upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in 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 §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its
subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious
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creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
or military and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination. Contractor and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and
the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and
Housing and the awarding state agency upon reasonable notice at any time during the normal
business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts,
and all other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with which they have a collective bargaining
or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the
document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement
by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including travel,
per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the
laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply with the
requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf
the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by the bidder for sale
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to the purchasing body pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder. Government Code Section
4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement,
a monetary recovery for a cause of action assigned under this chapter, the assignor shall be
entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover
from the public body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been
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 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.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then
Contractor must within 60 days of receiving final payment under this Contract (or within such
other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor
received under the Contract; (2) the name and address of the DVBE(s) that participated in the
performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4)
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that all payments under the Contract have been made to the DVBE; and (5) the actual
percentage of DVBE participation that was achieved. A person or entity that knowingly provides
false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code §
999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the
following statement is incorporated: It is unlawful for any person engaged in business within this state
to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and
approval by the BSCC are solely for the purpose of proper administration of grant funds and
shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1:
Byrne SCIP Cohort 2 Request for Proposals and Attachment 2: Byrne SCIP Cohort 2 Grant
Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise
during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of
the State of California. Grantee shall at all times comply with all applicable State laws, rules
and regulations, and all applicable local ordinances.
B. Compliance with Federal Laws and Regulations
The Grantee hereby assures and certifies compliance with all federal statutes, regulations,
policies, guidelines and requirements, including any federal conditions, which are included in
this Grant Agreement as Exhibit E.
C. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the
Grantee in Attachment 1: Byrne SCIP Cohort 2 Request for Proposal and Attachment 2: Byrne
SCIP Cohort 2 Grant Proposal, documents, amendments, approved modifications, and
communications filed in support of its request for grant funds.
D. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all
charges and fees, and give all notices necessary or incidental to the due and lawful proceeding
of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for
services needed to implement and/or support program activities. Grantee agrees that in the
event of any inconsistency between this Grant Agreement and Grantee’s agreement with a
subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation
between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his
responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to
the BSCC for the acts and omissions of its subcontractors and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent
obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC
shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in
the Byrne SCIP RFP and described in Appendix B.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
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D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity
bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project
requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence
pertinent to the subcontractor’s work on the project in accordance with generally accepted
accounting principles. Adequate supporting documentation shall be maintained in 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 the acceptance of the final grant project audit under the Grant Agreement
and shall be subject to examination and/or audit by the BSCC or designees, state
government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the
BSCC or designee, the State Controller’s Office, the Department of General Services, the
Department of Finance, California State Auditor, and their designated representatives
during the course of the project and for a minimum of three (3) years after acceptance of
the final grant project audit. The Subcontractor shall provide suitable facilities for access,
monitoring, inspection, and copying of books and records related to the grant-funded
project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to
project activities, sites, staff and documents at all reasonable times during the grant period including
those maintained by subcontractors. Access to program records will be made available by both the
grantee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. All funds received by the Grantee shall be deposited into separate fund accounts which identify
the funds and clearly show the manner of their disposition. Grantee agrees that accounting
procedures for grant funds received pursuant to this Grant Agreement shall be in accordance
with generally accepted government accounting principles and practices, and adequate
supporting documentation shall be maintained in such detail as to provide an audit trail.
Supporting documentation shall permit the tracing of transactions from such documents to
relevant accounting records, financial reports and invoices.
B. Federal Audit Requirement: Grantee is required to complete an audit annually for each fiscal
year/audit period, or fraction thereof, for the entire three-year grant cycle. See Exhibit A: Scope
of Work, Section 8. Audit, for federal audit requirements.
C. The BSCC reserves the right to call for a program or financial audit at any time between the
execution of this Grant Agreement and three years following the end of the grant period. At
any time, the BSCC may disallow all or part of the cost of the activity or action determined to
not be in compliance with the terms and conditions of this Grant Agreement or take other
remedies legally available.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal,
or other improper use. As such, the Board will not enter into contracts or provide reimbursement
to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of
debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant
funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no
applicable debarment, disqualification, suspension, or removal from a federal, state or local grant
program on the part of the grantee at the time of application and that the grantee will immediately
notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or
subcontractor, a requirement that the subgrantee or subcontractor will provide the same
assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or
subcontractor that has been debarred or convicted, the grant recipient must submit a written
request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance
with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of
the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the
BSCC. Changes may include modification to project scope, changes to performance measures,
compliance with collection of data elements, and other significant changes in the budget or program
components contained in Attachment 1: Byrne SCIP Cohort 2 Request for Proposal and Attachment
2: Byrne SCIP Cohort 2 Grant Proposal.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior
to completion of project upon action or inaction by the Grantee that constitutes a material and
substantial breech of this Grant Agreement. Such action or inaction includes but is not limited
to:
1) substantial alteration of the scope of the grant project without prior written approval of the
BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:
Byrne SCIP Cohort 2 Request for Proposal and Attachment 2: Byrne SCIP Cohort 2 Grant
Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and
4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and
reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the
Grantee at least 30 calendar days written notice stating the reasons for termination and effective
date thereof. The Grantee may appeal the termination decision in accordance with the
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of
Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the
dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant
Programs Division Deputy Director a written demand for a final decision regarding the
disposition of any dispute between the parties arising under, related to, or involving this Grant
Agreement. Grantee’s written demand shall be fully supported by factual information. The
BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days
after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written
decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s
demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is
not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division
Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance
(or the expiration of the 30-day period in the event no decision is rendered), to the BSCC
Executive Director, who shall have 45 days to render a final decision. If the Grantee does not
appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy
Director, the decision shall be conclusive and binding regarding the dispute and the Contractor
shall be barred from commencing an action in court, or with the Victims Compensation
Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant
Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement,
including the providing of services in accordance with the Grant Agreement. Grantee’s failure
to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement
shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall
be signed by the Executive Director, if an appeal was made. If the Executive Director fails to
render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision,
it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final
decision shall be conclusive and binding regarding the dispute unless the Grantee commences
an action in a court of competent jurisdiction to contest such decision within 90 days following
the date of the final decision or one (1) year following the accrual of the cause of action,
whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as
applicable, excepting the time to commence an action in a court of competent jurisdiction.
9. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is
contrary to law, provided that any such waiver shall be in writing and signed by the party making
such waiver.
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
FY 2022-2023 Byrne SCIP Federal Conditions
1. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically
including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage
in or conduct explicitly religious activities, as well as rules and requirements that pertain to
recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
2. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart
E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
3. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200
Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this
FY 2022 award supplements funds previously awarded by OJP under the same award number
(e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements
apply with respect to all funds under that award number (regardless of the award date, and
regardless of whether derived from the initial award or a supplemental award) that are obligated
on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to
OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the
date of submission of the final expenditure report (SF 425), unless a different retention period
applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
provide access, include performance measurement information, in addition to the financial
records, supporting documents, statistical records, and other pertinent records indicated at 2
C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared
or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions
of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
4. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if (as
determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by
the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
5. Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any
assurances or certifications submitted by or on behalf of the recipient that relate to conduct
during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ")
may determine that it will not enforce, or enforce only in part, one or more requirements
otherwise applicable to the award. Any such exceptions regarding enforcement, including any
such exceptions made during the period of performance, are (or will be during the period of
performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal
Notices: Special circumstances as to particular award conditions"
(https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference
into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official
accepts all material requirements of the award, and specifically adopts, as if personally
executed by the authorized recipient official, all assurances or certifications submitted by or on
behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full
below, a condition incorporated by reference below, or an assurance or certification related to
conduct during the award period -- may result in OJP taking appropriate action with respect to
the recipient and the award. Among other things, the OJP may withhold award funds, disallow
costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action
as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this
award (or concealment or omission of a material fact) may be the subject of criminal prosecution
(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may
lead to imposition of civil penalties and administrative remedies for false claims or otherwise
(including under 31 U.S.C. 3729-3730 and 3801-3812).
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS
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Should any provision of a requirement of this award be held to be invalid or unenforceable by its
terms, that provision shall first be applied with a limited construction so as to give it the
maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid
or -unenforceable, such provision shall be deemed severable from this award.
6. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or
will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly
verifies the employment eligibility of the individual who is being hired, consistent with the
provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be
involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful,
in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be
notified of the award requirement for employment eligibility verification and of the associated
provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to
compliance with this award condition in accordance with Form I-9 record retention requirements,
as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds
may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed
to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this
award" specifically includes (without limitation) any and all recipient (or any subrecipient)
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS
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officials or other staff who are or will be involved in the hiring process with respect to a position
that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify
(www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient
(or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the
event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment
eligibility for each hiring for a position in the United States that is or will be funded (in whole or in
part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including any
applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any
recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise
imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit
the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify
employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
7. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any
tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding
Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
8. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to
use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use
the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its
election, and must comply with all associated requirements in the Part 200 Uniform
Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC)
as defined by the Part 200 Uniform Requirements.
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9. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award
(as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
the activities to be carried out under the award (whether by the recipient, or a subrecipient at
any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless of
an individual's employment status.
10. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent
restrictions, including from various "general provisions" in the Consolidated Appropriations Act,
2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm,
and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations-law restriction, the
recipient is to contact OJP for guidance, and may not proceed without the express prior written
approval of OJP.
11. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in
certain "education programs."
12. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the
DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this
award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
13. Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have
successfully completed an "OJP financial management and grant administration training" by 120
days after the date of the recipient's acceptance of the award. Successful completion of such a
training on or after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award
changes during the period of performance, the new Grant Award Administrator or Financial
Manager must have successfully completed an "OJP financial management and grant
administration training" by 120 calendar days after the date the Entity Administrator enters
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updated Grant Award Administrator or Financial Manager information in JustGrants. Successful
completion of such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant
administration training" for purposes of this condition is available at
https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on
grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the
recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP
to impose additional appropriate conditions on this award.
14. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under
specified circumstances, discrimination against an employee as reprisal for the employee's
disclosure of information related to gross mismanagement of a federal grant, a gross waste of
federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language
of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award,
the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for
guidance.
15. Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) --
(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-
funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual
or imminent breach of PII to an OJP Program Manager no later than 24 hours after an
occurrence of an actual breach, or the detection of an imminent breach.
16. Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior
approval and reporting requirements, where applicable) governing the use of federal funds for
expenses related to conferences (as that term is defined by DOJ), including the provision of
food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
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appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of
work under this award. The data must be provided to OJP in the manner (including within the
timeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act
(GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
18. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making
agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award, the
recipient must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes
any status under which a federal awarding agency provides additional oversight due to the
recipient's past performance, or other programmatic or financial concerns with the recipient. The
recipient's disclosure must include the following: 1. The federal awarding agency that currently
designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The
high-risk point of contact at that federal awarding agency (name, phone number, and email
address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
19. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as
posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted
during the period of performance. The recipient agrees to comply with the DOJ Grants Financial
Guide.
20. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients
("subgrantees") to adopt and enforce policies banning employees from text messaging while
driving any vehicle during the course of performing work funded by this award, and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
21. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or statement that prohibits
or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of
waste, fraud, or abuse to an investigative or law enforcement representative of a federal
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department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any other
form issued by a federal department or agency governing the nondisclosure of classified
information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict
(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse
as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to
prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately
stop any further obligations of award funds, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will
receive award funds (whether through a subaward ("subgrant"), procurement contract, or
subcontract under a procurement contract) either requires or has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or otherwise
currently restrict (or purport to prohibit or restrict) employees or contractors from reporting
waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor
entity that receives funds under this award is or has been requiring its employees or contractors
to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
22. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled
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"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory
provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory
provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a
reference to that statutory provision as reclassified to Title 34. This rule of construction
specifically includes references set out in award conditions, references set out in material
incorporated by reference through award conditions, and references set out in other award
requirements.
23. Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently,
$250,000). This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a procurement "contract" (and therefore does not
consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a
procurement contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific
post-award approval required to use a noncompetitive approach in a procurement contract (if
contract would exceed $250,000)), and are incorporated by reference here.
24. Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct
related to the trafficking of persons, whether on the part of recipients, subrecipients
("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the
recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in
persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to terminate award)),
and are incorporated by reference here.
25. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any
other award of federal funds during the period of performance for this award, the recipient
promptly must determine whether funds from any of those other federal awards have been, are
being, or are to be used (in whole or in part) for one or more of the identical cost items for which
funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
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agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested
by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope
Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
26. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ
Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent,
subrecipient, contractor, subcontractor, or other person has, in connection with funds under this
award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail
directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division,
ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by
facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202)
616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
27. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements for authorization of any subaward. This condition applies to agreements that -- for
purposes of federal grants administrative requirements -- OJP considers a "subaward" (and
therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web
site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All
subawards ("subgrants") must have specific federal authorization), and are incorporated by
reference here.
28. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of information
in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-
tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do
not acquire and provide (to the recipient) the unique entity identifier required for SAM
registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are
posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
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System for Award Management (SAM) and Universal Identifier Requirements), and are
incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural
person (i.e., unrelated to any business or non-profit organization that he or she may own or
operate in his or her name).
29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the
recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or
oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any
level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal
statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the
recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence)
a federal agency, a Member of Congress, or Congress (or an official or employee of any of
them) with respect to the awarding of a federal grant or cooperative agreement, subgrant,
contract, subcontract, or loan, or with respect to actions such as renewing, extending, or
modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including
an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact
OJP for guidance, and may not proceed without the express prior written approval of OJP.
30. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards
("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total
compensation of the five most highly compensated executives of the recipient and first-tier
subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which
derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are
posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than
$30,000, or (2) an award made to an individual who received the award as a natural person
(i.e., unrelated to any business or non-profit organization that he or she may own or operate in
his or her name).
31. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's
guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager
for this award and the Office of Chief Financial Officer (OCFO)) requests related to such
monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to
provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
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documentation related to any subawards made under this award. Further, the recipient agrees
to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to
cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ
awards, including, but not limited to: withholdings and/or other restrictions on the recipient's
access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as
a DOJ High Risk grantee; or termination of an award(s).
32. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable
statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include
the applicable conditions of this award in any subaward. Among other things, the recipient is
responsible for oversight of subrecipient spending and monitoring of specific outcomes and
benefits attributable to use of award funds by subrecipients. The recipient agrees to submit,
upon request, documentation of its policies and procedures for monitoring of subawards under
this award.
33. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in
accordance with the provisions of the Part 200 Uniform Requirements. Program income
earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF
425.
34. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice
Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier)
must conform to the Global Standards Package (GSP) and all constituent elements, where
applicable, as described at: https://it.ojp.gov/ gsp_grantcondition. The recipient (and any
subrecipient at any tier) must document planned approaches to information sharing and
describe compliance with the GSP and appropriate privacy policy that protects shared
information, or provide detailed justification for why an alternative approach is recommended.
35. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law
enforcement information sharing systems which involve interstate connectivity between
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would
impair the functionality of an existing or proposed IT system.
36. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this
award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23,
Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be
applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its
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discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R.
Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not
satisfy such a fine with federal funds.
37. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research
subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject
informed consent.
38. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements
of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation
of data or information. The recipient further agrees, as a condition of award approval, to submit
a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
28 C.F.R. 22.23.
39. The award recipient agrees to participate in a data collection process measuring program
outputs and outcomes. The data elements for this process will be outlined by the Office of
Justice Programs.
40. The recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this project.
41. Any Web site that is funded in whole or in part under this award must include the following
statement on the home page, on all major entry pages (i.e., pages (exclusive of documents)
whose primary purpose is to navigate the user to interior content), and on any pages from which
a visitor may access or use a Web-based service, including any pages that provide results or
outputs from the service: "This Web site is funded in whole or in part through a grant from the
Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither
the U.S. Department of Justice nor any of its components operate, control, are responsible for,
or necessarily endorse, this Web site (including, without limitation, its content, technical
infrastructure, and policies, and any services or tools provided)." The full text of the foregoing
statement must be clearly visible on the home page. On other pages, the statement may be
included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full
text of the statement.
42. Any written, visual, or audio publications, with the exception of press releases, whether
published at the grantee's or government's expense, shall contain the following statements:
"This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of
Justice Assistance. The Bureau of Justice Assistance is a component of the Department of
Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the
National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the
Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document
are those of the author and do not necessarily represent the official position or policies of the
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U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides
guidance on allowable printing and publication activities.
43. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per
day. A detailed justification must be submitted to and approved by the OJP program office prior
to obligation or expenditure of such funds.
44. The recipient understands that, in accepting this award, the Authorized Representative declares
and certifies, among other things, that he or she possesses the requisite legal authority to
accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all
material requirements that relate to conduct throughout the period of performance under this
award. The recipient further understands, and agrees, that it will not assign anyone to the role of
Authorized Representative during the period of performance under the award without first
ensuring that the individual has the requisite legal authority.
45. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18
U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this
award to fund (in whole or in part) a specific project or program (such as a law enforcement,
prosecution, or court program) that results in any court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (NICS), or that has as one of its purposes the establishment or
improvement of records systems that contain any court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient
(or subrecipient, if applicable) must ensure that all such court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the NICS are promptly
made available to the NICS or to the "State" repository/database that is electronically available
to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct,
modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to
demonstrate diligent monitoring of compliance with this condition (including subrecipient
compliance). DOJ will give great weight to any such evidence in any express written
determination regarding this condition.
46. The recipient understands and agrees that no more than 10 percent of the total amount of this
award may be used by the recipient for direct costs associated with administering the award.
47. The recipient may not obligate, expend, or draw down funds for subawards until BJA provides
explicit written approval of the proposed subaward. Prior approval for all subawards must be
obtained post-award, through the submission and approval of a Grant Award Modification
(GAM) through OJP’s JustGrants system.
48. Applicants must ensure that Limited English Proficiency persons have meaningful access to the
services under this program(s). National origin discrimination includes discrimination on the
basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe
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Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have
meaningful access to their programs. Meaningful access may entail providing language
assistance services, including oral and written translation when necessary. The U.S.
Department of Justice has issued guidance for grantees to help them comply with Title VI
requirements. The guidance document can be accessed on the Internet at www.lep.gov.
49. Body armor - compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased
at any threat level, make or model, from any distributor or manufacturer, as long as the body
armor has been tested and found to comply with applicable National Institute of Justice ballistic
or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States
and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard
information and the NIJ Compliant Body Armor List may be found by following the links located
on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In
addition, if recipient uses funds under this award to purchase body armor, the recipient is
strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements
regarding the nature of the policy other than it be a mandatory wear policy for all uniformed
officers while on duty.
50. The recipient agrees that no funds under this grant award (including via subcontract or
subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes
unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
51. In accepting this award, the recipient agrees that grant funds cannot be used for Facial
Recognition Technology (FRT) unless the recipient has policies and procedures in place to
ensure that the FRT will be utilized in an appropriate and responsible manner that promotes
public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable
provisions of the U.S. Constitution, including the Fourth Amendment’s protection against
unreasonable searches and seizures and the First Amendment’s freedom of association and
speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make
such policies and procedures available to DOJ upon request.
52. Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with
the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other
related federal environmental impact analyses requirements in the use of these award funds,
either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first
determine if any of the following activities will be funded by the grant, prior to obligating funds for
any of these purposes. If it is determined that any of the following activities will be funded by the
award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether
or not they are being specifically funded with these award funds. That is, as long as the activity
is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to
be undertaken in order to use these award funds, this condition must first be met. The activities
covered by this condition are:
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a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically
sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat
for endangered species, or a property listed on or eligible for listing on the National Register of
Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that
are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for
example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of
an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
The recipient further understands and agrees to the requirements for implementation of a
Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to
methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the
recipient's or its subrecipients' existing programs or activities that will be funded by these award
funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any
preparation by BJA of a national or program environmental assessment of that funded program
or activity.
53. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination
provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date
of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at
CivilRightsMOA@usdol.gov) written Methods of Administration ("MOA") for subrecipient
monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by
another authorized federal agency), the recipient must make associated documentation
available for review.
The details of the recipient's obligations related to Methods of Administration are posted on the
OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award
condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)),
and are incorporated by reference here.
54. Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to
the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the
care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug
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courts must not deny any eligible client enrollment to the drug court program because of their
use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be
permitted to be continued for as long as the prescriber determines that the FDA-approved
medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court
program deny access to MAT under the care and prescription of a physician when it is clinically
indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or
diversion of these medications; and 5) federal funds shall not be used to support activities that
violate the Controlled Substances Act, 21 U.S.C. 801-904.
55. All BJA-funded adult drug courts must be operated based on the 10 key components for drug
courts, which are found in BJA’s and National Association of Drug Court Professionals’
(NADCP) publication: Defining Drug Courts: The Key Components at
https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA
concludes that a funded drug court is not conforming to the 10 key components, it retains the
right to place the award recipient on a corrective action plan to bring the drug court into
conformance. Continued failure to maintain conformance to the key components may result in a
hold placed on award funds or suspension/termination of the grant award agreement.
56. The recipient understands and agrees to operate any behavioral health crisis care program
funded under this award in accordance with the Substance Abuse and Mental Health Services
Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care-
02242020.pdf.
57. Extreme risk protection programs funded under this award must include, at a minimum: pre-
deprivation and post-deprivation due process rights that prevent any violation or infringement of
the Constitution of the United States, including but not limited to the Bill of Rights, and the
substantive or procedural due process rights guaranteed under the Fifth and Fourteenth
Amendments to the Constitution of the United States, as applied to the States, and as
interpreted by State courts and United States courts (including the Supreme Court of the United
States). Such programs must include, at the appropriate phase to prevent any violation of
constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased
adjudicator, the right to know opposing evidence, the right to present evidence, and the right to
confront adverse witnesses; the right to be represented by counsel at no expense to the
government; pre-deprivation and post-deprivation heightened evidentiary standards and proof
which mean not less than the protections afforded to a similarly situated litigant in Federal court
or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of
the Constitution of the United States, including but not limited to the Bill of Rights, and the
substantive and procedural due process rights guaranteed under the Fifth and Fourteenth
Amendments to the Constitution of the United States, as applied to the States, and as
interpreted by State courts and United States courts (including the Supreme Court of the United
States). The heightened evidentiary standards and proof under such programs must, at all
appropriate phases to prevent any violation of any constitutional right, at minimum, prevent
reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible
hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the
program.
58. The recipient understands and agrees that it must form a diverse Crisis Intervention Advisory
Board to inform and guide the state’s related gun violence reduction programs/initiatives. The
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Board must include representatives from law enforcement, the community, courts, prosecution,
behavioral health providers, victim services, and legal counsel. The program and budget plans
must be developed in coordination with and with demonstrated approval from the Crisis
Intervention Advisory Board prior to submission for BJA review, and advisory board approval will
also be required for any subsequent changes to the project’s scope or budget.
59. The recipient is authorized to incur obligations, expend, and draw down funds in an amount not
to exceed $20,000, for the sole purpose of developing the program and budget plans in
coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur
any additional obligations or make any additional expenditures or drawdowns until (1) the
recipient submits program and budget plans that were developed in coordination with and
demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves
the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award
Condition Modification (ACM) releasing this award condition.
60. The recipient understands and agrees that it must (1) subaward at least 40% of the award
amount to units of local government in order to meet the Local Pass-through, and (2) subaward
additional amounts identified by BJA to state courts that provide criminal justice and civil justice
services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to
such jurisdictions. Additional details on both of these pass-through requirements is available in
the BJA FY 2022 - 2023 Byrne State Crisis Intervention Program Formula Solicitation.
61. Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary
plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the
maximum annual salary payable to a member of the federal government's Senior Executive
Service (SES) at an agency with a Certified SES Performance Appraisal System for that year.
(An award recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an
individual basis at the discretion of the OJP official indicated in the program announcement
under which this award is made.
62. Recipient integrity and performance matters: Requirement to report information on certain civil,
criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected to
the performance of) either this OJP award or any other grant, cooperative agreement, or
procurement contract from the federal government. Under certain circumstances, recipients of
OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information
on certain civil, criminal, and administrative proceedings to the federal designated integrity and
performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at
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https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance
Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
63. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated
Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has
submitted to the program manager, in a format acceptable to OJP, a formal written certification
directed to OJP and executed by an official with authority to sign on behalf of the recipient, that
the recipient (unless an exemption applies by operation of law, as described below)-- (1) has
filed all Federal tax returns required for the three tax years immediately preceding the tax year
in which the certification is made; (2) has not been convicted of a criminal offense under the
Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification,
been notified of any unpaid federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement or offer in compromise that
has been approved by the Internal Revenue Service and is not in default, or the assessment is
the subject of a non-frivolous administrative or judicial proceeding; and until an Award Condition
Modification (ACM) has been issued to remove this condition.
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FY 2024 Byrne SCIP Federal Conditions
1. Meaningful access requirement for individuals with limited English proficiency
The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that
individuals with limited English proficiency (LEP) have meaningful access to their programs and
activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits
discrimination on the basis of national origin, including discrimination against individuals with
LEP. Such steps may require providing language assistance services, such as interpretation or
translation services. The Department of Justice guidance on compliance with this requirement
may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons"
(67 Fed. Reg. 41455-41472) (https://www.federalregister.gov/d/02-15207) and is incorporated by
reference here.
2. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent
restrictions that may be set out in applicable appropriations acts are indicated at
https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by
reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations-law restriction, the
recipient is to contact OJP for guidance, and may not proceed without the express prior written
approval of OJP.
3. Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any
assurances or certifications submitted by or on behalf of the recipient that relate to conduct
during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ")
may determine that it will not enforce, or enforce only in part, one or more requirements
otherwise applicable to the award. Any such exceptions regarding enforcement, including any
such exceptions made during the period of performance, are (or will be during the period of
performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal
Notices: Special circumstances as to particular award conditions"
(https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference
into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official
accepts all material requirements of the award, and specifically adopts, as if personally executed
by the authorized recipient official, all assurances or certifications submitted by or on behalf of
the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full
below, a condition incorporated by reference below, or an assurance or certification related to
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conduct during the award period -- may result in OJP taking appropriate action with respect to
the recipient and the award. Among other things, the OJP may withhold award funds, disallow
costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action
as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this
award (or concealment or omission of a material fact) may be the subject of criminal prosecution
(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may
lead to imposition of civil penalties and administrative remedies for false claims or otherwise
(including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its
terms, that provision shall first be applied with a limited construction so as to give it the
maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid
or -unenforceable, such provision shall be deemed severable from this award.
4. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if (as
determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by
the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
5. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200
Uniform Requirements") apply to this award from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to
OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the
date of submission of the final expenditure report (SF 425), unless a different retention period
applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
provide access, include performance measurement information, in addition to the financial
records, supporting documents, statistical records, and other pertinent records indicated at 2
C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared
or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions
of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
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6. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ
Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent,
subrecipient, contractor, subcontractor, or other person has, in connection with funds under this
award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail
directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division,
ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by
facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-
9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
7. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38 also sets out rules and
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage
in or conduct explicitly religious activities, as well as rules and requirements that pertain to
recipients and subrecipients that are faith-based or religious organizations.
Recipients and subrecipients that provide social services under this award must give written
notice to beneficiaries and prospective beneficiaries prior to the provision of services (if
practicable) which shall include language substantially similar to the language in 28 CFR Part
38, Appendix C, sections (1) through (4). A sample written notice may be found at
https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-
organizations.
In certain instances, a faith-based or religious organization may be able to take religion into
account when making hiring decisions, provided it satisfies certain requirements. For more
information, please see
https://www.ojp.gov/funding/explore/legaloverview2024/civilrightsrequirements.
8. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to
use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use
the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its
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election, and must comply with all associated requirements in the Part 200 Uniform
Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC)
as defined by the Part 200 Uniform Requirements.
9. Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior
approval and reporting requirements, where applicable) governing the use of federal funds for
expenses related to conferences (as that term is defined by DOJ), including the provision of food
and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
10. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of
work under this award. The data must be provided to OJP in the manner (including within the
timeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act (GPRA)
and the GPRA Modernization Act of 2010, and other applicable laws.
11. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted
on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted
during the period of performance. The recipient agrees to comply with the DOJ Grants Financial
Guide.
12. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart
E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f)
contain notice requirements that covered recipients must follow regarding the dissemination of
information regarding federal nondiscrimination requirements.
13. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award
(as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
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the activities to be carried out under the award (whether by the recipient, or a subrecipient at any
tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless of
an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability
required, in advance, for certain individuals who may interact with participating minors), and are
incorporated by reference here.
14. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making
agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award, the
recipient must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes
any status under which a federal awarding agency provides additional oversight due to the
recipient's past performance, or other programmatic or financial concerns with the recipient. The
recipient's disclosure must include the following: 1. The federal awarding agency that currently
designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The
high-risk point of contact at that federal awarding agency (name, phone number, and email
address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
15. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or
will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly
verifies the employment eligibility of the individual who is being hired, consistent with the
provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be
involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful,
in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be
notified of the award requirement for employment eligibility verification and of the associated
provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to
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compliance with this award condition in accordance with Form I-9 record retention requirements,
as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds
may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed
to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award"
specifically includes (without limitation) any and all recipient (or any subrecipient) officials or
other staff who are or will be involved in the hiring process with respect to a position that is or will
be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify
(www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient
(or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the
event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment
eligibility for each hiring for a position in the United States that is or will be funded (in whole or in
part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including any
applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any
recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise
imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit
the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify
employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
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Questions about the meaning or scope of this condition should be directed to OJP, before award
acceptance.
16. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients
("subgrantees") to adopt and enforce policies banning employees from text messaging while
driving any vehicle during the course of performing work funded by this award, and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
17. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled
"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory
provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision
that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to
that statutory provision as reclassified to Title 34. This rule of construction specifically includes
references set out in award conditions, references set out in material incorporated by reference
through award conditions, and references set out in other award requirements.
18. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any employee
or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud,
or abuse to an investigative or law enforcement representative of a federal department or
agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any other
form issued by a federal department or agency governing the nondisclosure of classified
information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict
(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse
as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or
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contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to
prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately
stop any further obligations of award funds, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will
receive award funds (whether through a subaward ("subgrant"), procurement contract, or
subcontract under a procurement contract) either requires or has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or otherwise
currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity
that receives funds under this award is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations
only if expressly authorized to do so by that agency.
19. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any
tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding
Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
20. Specific post-award approval required to use a noncompetitive approach in any procurement
contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently,
$250,000). This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a procurement "contract" (and therefore does not
consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a
procurement contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-
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award approval required to use a noncompetitive approach in a procurement contract (if contract
would exceed $250,000)), and are incorporated by reference here.
21. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any
other award of federal funds during the period of performance for this award, the recipient
promptly must determine whether funds from any of those other federal awards have been, are
being, or are to be used (in whole or in part) for one or more of the identical cost items for which
funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested
by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope
Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
22. Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have
successfully completed an "OJP financial management and grant administration training" by 120
days after the date of the recipient's acceptance of the award. Successful completion of such a
training on or after January 1, 2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award
changes during the period of performance, the new Grant Award Administrator or Financial
Manager must have successfully completed an "OJP financial management and grant
administration training" by 120 calendar days after the date the Entity Administrator enters
updated Grant Award Administrator or Financial Manager information in JustGrants. Successful
completion of such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant
administration training" for purposes of this condition is available at
https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on
grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the
recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP
to impose additional appropriate conditions on this award.
23. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable
provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified
circumstances, discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal funds,
an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language
of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
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Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award,
the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
24. Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct
related to the trafficking of persons, whether on the part of recipients, subrecipients
("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the
recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in
persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to terminate award)),
and are incorporated by reference here.
25. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the
DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this
award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
26. Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) --
(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded
program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-
130). The recipient's breach procedures must include a requirement to report actual or imminent
breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an
actual breach, or the detection of an imminent breach.
27. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of information
in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-
tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do
not acquire and provide (to the recipient) the unique entity identifier required for SAM
registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are
posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
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System for Award Management (SAM) and Universal Identifier Requirements), and are
incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural
person (i.e., unrelated to any business or non-profit organization that he or she may own or
operate in his or her name).
28. Compliance with restrictions on the use of federal funds--prohibited and controlled equipment
under OJP awards
Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal
Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of
federal funds under this award for purchases or transfers of specified equipment by law
enforcement agencies. In addition, OJP requires the recipient, and any subrecipient
(“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this
award to acquire or transfer any property identified on the “controlled equipment” list. The details
of the requirement are posted on the OJP web site at
https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment
under OJP awards), and are incorporated by reference here.
29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the
recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or
oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any
level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal
statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the
recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence)
a federal agency, a Member of Congress, or Congress (or an official or employee of any of
them) with respect to the awarding of a federal grant or cooperative agreement, subgrant,
contract, subcontract, or loan, or with respect to actions such as renewing, extending, or
modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including
an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact
OJP for guidance, and may not proceed without the express prior written approval of OJP.
30. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements for authorization of any subaward. This condition applies to agreements that -- for
purposes of federal grants administrative requirements -- OJP considers a "subaward" (and
therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site
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at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference here.
31. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in
certain "education programs."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients
must follow regarding the dissemination of information regarding federal nondiscrimination
requirements.
32. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards
("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total
compensation of the five most highly compensated executives of the recipient and first-tier
subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which
derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are
posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than
$30,000, or (2) an award made to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or
her name).
33. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's
guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager
for this award and the Office of Chief Financial Officer (OCFO)) requests related to such
monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to
provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to
abide by reasonable deadlines set by OJP for providing the requested documents. Failure to
cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ
awards, including, but not limited to: withholdings and/or other restrictions on the recipient's
access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a
DOJ High Risk grantee; or termination of an award(s).
34. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable
statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include
the applicable conditions of this award in any subaward. Among other things, the recipient is
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responsible for oversight of subrecipient spending and monitoring of specific outcomes and
benefits attributable to use of award funds by subrecipients. The recipient agrees to submit,
upon request, documentation of its policies and procedures for monitoring of subawards under
this award.
35. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance
with the provisions of the Part 200 Uniform Requirements. Program income earnings and
expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
36. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice
Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier)
must conform to the Global Standards Package (GSP) and all constituent elements, where
applicable, as described at: https://it.ojp.gov/gsp_grantcondition. The recipient (and any
subrecipient at any tier) must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information, or
provide detailed justification for why an alternative approach is recommended.
37. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law
enforcement information sharing systems which involve interstate connectivity between
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would
impair the functionality of an existing or proposed IT system.
38. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this
award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23,
Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be
applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion,
perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23
occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy
such a fine with federal funds.
39. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research
subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject
informed consent.
40. Confidentiality of data
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The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements
of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of
data or information. The recipient further agrees, as a condition of award approval, to submit a
Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28
C.F.R. 22.23.
41. The award recipient agrees to participate in a data collection process measuring program
outputs and outcomes. The data elements for this process will be outlined by the Office of
Justice Programs.
42. The recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this project.
43. Any Web site that is funded in whole or in part under this award must include the following
statement on the home page, on all major entry pages (i.e., pages (exclusive of documents)
whose primary purpose is to navigate the user to interior content), and on any pages from which
a visitor may access or use a Web-based service, including any pages that provide results or
outputs from the service:
"This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of
OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S.
Department of Justice nor any of its components operate, control, are responsible for, or
necessarily endorse, this Web site (including, without limitation, its content, technical
infrastructure, and policies, and any services or tools provided)."
The full text of the foregoing statement must be clearly visible on the home page. On other
pages, the statement may be included through a link, entitled "Notice of Federal Funding and
Federal Disclaimer," to the full text of the statement.
44. Any written, visual, or audio publications funded in whole or in part under this award, with the
exception of press releases, shall contain the following statements: "This project was supported
by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau
of Justice Assistance is a component of the Department of Justice's Office of Justice Programs,
which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of
Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily
represent the official position or policies of the U.S. Department of Justice." The current edition
of the DOJ Grants Financial Guide provides guidance on allowable printing and publication
activities.
45. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per
day. A detailed justification must be submitted to and approved by the OJP program office prior
to obligation or expenditure of such funds.
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46. The recipient understands that, in accepting this award, the Authorized Representative declares
and certifies, among other things, that he or she possesses the requisite legal authority to accept
the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material
requirements that relate to conduct throughout the period of performance under this award. The
recipient further understands, and agrees, that it will not assign anyone to the role of Authorized
Representative during the period of performance under the award without first ensuring that the
individual has the requisite legal authority.
47. Body armor - compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased
at any threat level, make or model, from any distributor or manufacturer, as long as the body
armor has been tested and found to comply with applicable National Institute of Justice ballistic
or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States
and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard
information and the NIJ Compliant Body Armor List may be found by following the links located
on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In
addition, if recipient uses funds under this award to purchase body armor, the recipient is
strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements
regarding the nature of the policy other than it be a mandatory wear policy for all uniformed
officers while on duty.
48. The recipient agrees that no funds under this grant award (including via subcontract or
subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes
unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
49. In accepting this award, the recipient agrees that grant funds cannot be used for Facial
Recognition Technology (FRT) unless the recipient has policies and procedures in place to
ensure that the FRT will be utilized in an appropriate and responsible manner that promotes
public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable
provisions of the U.S. Constitution, including the Fourth Amendment’s protection against
unreasonable searches and seizures and the First Amendment’s freedom of association and
speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make
such policies and procedures available to DOJ upon request.
50. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination
provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date
of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at
CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient
monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by
another authorized federal agency), the recipient must make associated documentation
available for review.
The details of the recipient's obligations related to Methods of Administration are posted on the
OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award
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condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)),
and are incorporated by reference here.
51. Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to
the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care
and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug
courts must not deny any eligible client enrollment to the drug court program because of their
use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be
permitted to be continued for as long as the prescriber determines that the FDA-approved
medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court
program deny access to MAT under the care and prescription of a physician when it is clinically
indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or
diversion of these medications; and 5) federal funds shall not be used to support activities that
violate the Controlled Substances Act, 21 U.S.C. 801-904.
52. All BJA-funded adult drug courts must be operated based on the 10 key components for drug
courts, which are found in BJA�s and National Association of Drug Court Professional�s
(NADCP) publication: Defining Drug Courts: The Key Components at
https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA
concludes that a funded drug court is not conforming to the 10 key components, it retains the
right to place the award recipient on a corrective action plan to bring the drug court into
conformance. Continued failure to maintain conformance to the key components may result in a
hold placed on award funds or suspension/termination of the grant award agreement.
53. The recipient understands and agrees to operate any behavioral health crisis care program
funded under this award in accordance with the Substance Abuse and Mental Health Services
Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care-
02242020.pdf.
54. Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with
the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other
related federal environmental impact analyses requirements in the use of these award funds,
either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first
determine if any of the following activities will be funded by the grant, prior to obligating funds for
any of these purposes. If it is determined that any of the following activities will be funded by the
award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether
or not they are being specifically funded with these award funds. That is, as long as the activity
is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to
be undertaken in order to use these award funds, this condition must first be met. The activities
covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically
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sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for
endangered species, or a property listed on or eligible for listing on the National Register of
Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are
(a) purchased as an incidental component of a funded activity and (b) traditionally used, for
example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of
an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
The recipient further understands and agrees to the requirements for implementation of a
Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to
methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the
recipient's or its subrecipients' existing programs or activities that will be funded by these award
funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any
preparation by BJA of a national or program environmental assessment of that funded program
or activity.
55. ubmission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18
U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this
award to fund (in whole or in part) a specific project or program (such as a law enforcement,
prosecution, or court program) that results in any court dispositions, information, or other records
that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (NICS), or that has as one of its purposes the establishment or
improvement of records systems that contain any court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient
(or subrecipient, if applicable) must ensure that all such court dispositions, information, or other
records that are "eligible records" (under federal or State law) relevant to the NICS are promptly
made available to the NICS or to the "State" repository/database that is electronically available
to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct,
modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to
demonstrate diligent monitoring of compliance with this condition (including subrecipient
compliance). DOJ will give great weight to any such evidence in any express written
determination regarding this condition.
56. The recipient understands and agrees that no more than 10 percent of the total amount of this
award may be used by the recipient for direct costs associated with administering the award.
City of San Rafael
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS
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57. The recipient may not obligate, expend, or draw down funds for subawards until BJA provides
explicit written approval of the proposed subaward. Prior approval for all subawards must be
obtained post-award, through the submission and approval of a Grant Award Modification (GAM)
through OJP’s JustGrants system.
58. Extreme risk protection programs funded under this award must include, at a minimum: pre-
deprivation and post-deprivation due process rights that prevent any violation or infringement of
the Constitution of the United States, including but not limited to the Bill of Rights, and the
substantive or procedural due process rights guaranteed under the Fifth and Fourteenth
Amendments to the Constitution of the United States, as applied to the States, and as
interpreted by State courts and United States courts (including the Supreme Court of the United
States). Such programs must include, at the appropriate phase to prevent any violation of
constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased
adjudicator, the right to know opposing evidence, the right to present evidence, and the right to
confront adverse witnesses; the right to be represented by counsel at no expense to the
government; pre-deprivation and post-deprivation heightened evidentiary standards and proof
which mean not less than the protections afforded to a similarly situated litigant in Federal court
or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the
Constitution of the United States, including but not limited to the Bill of Rights, and the
substantive and procedural due process rights guaranteed under the Fifth and Fourteenth
Amendments to the Constitution of the United States, as applied to the States, and as
interpreted by State courts and United States courts (including the Supreme Court of the United
States). The heightened evidentiary standards and proof under such programs must, at all
appropriate phases to prevent any violation of any constitutional right, at minimum, prevent
reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay,
unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
59. ERPO Certification
Byrne SCIP recipients who plan to use funding to support ERPO programs must submit a
principal legal officer signed Certification Relating to Pub. L. No. 90-351, Title I, Sec.
501(a)(1)(I)(iv) (Extreme-Risk Protection-Order Programs), certifying that the extreme risk
protection-order program to be funded satisfies each of the listed requirements prior to the use
of grant funds for ERPO programs.
60. The recipient understands and agrees that it must form a diverse Crisis Intervention Advisory
Board to inform and guide the state’s related gun violence reduction programs/initiatives. The
Board must include representatives from law enforcement, the community, courts, prosecution,
behavioral health providers, victim services, and legal counsel. The program and budget plans
must be developed in coordination with and with demonstrated approval from the Crisis
Intervention Advisory Board prior to submission for BJA review, and advisory board approval will
also be required for any subsequent changes to the project’s scope or budget.
61. The recipient understands and agrees that it must (1) subaward at least 40% of the award
amount to units of local government in order to meet the Local Pass-through, and (2) subaward
additional amounts identified by BJA to state courts that provide criminal justice and civil justice
services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to
City of San Rafael
BSCC 1353-25
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
such jurisdictions. Additional details on both of these pass-through requirements is available in
the applicable fiscal year's Byrne State Crisis Intervention Program Formula Solicitation.
62. The recipient is authorized to incur obligations, expend, and draw down funds in an amount not
to exceed $20,000, for the sole purpose of developing the program and budget plans in
coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur
any additional obligations or make any additional expenditures or drawdowns until (1) the
recipient submits program and budget plans that were developed in coordination with and
demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves
the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award
Condition Modification (ACM) releasing this award condition.
63. Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary
plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the
maximum annual salary payable to a member of the federal government's Senior Executive
Service (SES) at an agency with a Certified SES Performance Appraisal System for that year.
(An award recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an
individual basis at the discretion of the OJP official indicated in the program announcement
under which this award is made.
64. Recipient integrity and performance matters: Requirement to report information on certain civil,
criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected to
the performance of) either this OJP award or any other grant, cooperative agreement, or
procurement contract from the federal government. Under certain circumstances, recipients of
OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information
on certain civil, criminal, and administrative proceedings to the federal designated integrity and
performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at
https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance
Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
65. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated
Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has
submitted to the program manager, in a format acceptable to OJP, a formal written certification
directed to OJP and executed by an official with authority to sign on behalf of the recipient, that
the recipient (unless an exemption applies by operation of law, as described below)-- (1) has
City of San Rafael
BSCC 1353-25
Page 39 of 39
EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
filed all Federal tax returns required for the three tax years immediately preceding the tax year in
which the certification is made; (2) has not been convicted of a criminal offense under the
Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification,
been notified of any unpaid federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement or offer in compromise that
has been approved by the Internal Revenue Service and is not in default, or the assessment is
the subject of a non-frivolous administrative or judicial proceeding; and until an Award Condition
Modification (ACM) has been issued to remove this condition.
BSCC Powered by Submittable
Title Ci ty of San Rafael
by Todd Berringer in Byrne State Crisis
Interv ention Program (Cohort 2)
501@srpd.org
04/04/2025
id. 50185091
Original Submission 04/04/2025
Score n/a
The Byrne State Crisis Intervention Program (Byrne SCIP) Grant
Application is divided into four sections as identified below: Background
Information Contact Information Proposal Narrative and Budget Mandatory
Attachments Each section has a series of questions that require a
response. Applicants will be prompted to provide written text, select options
from a drop down menu, select options from a multiple choice menu, or
upload attachments. Questions labeled "required" in red require responses.
Applicants will not be able to submit the Byrne SCIP Grant Application until
all questions marked "required" have been completed. Applicants may
reference the Byrne SCIP Instruction Packet for background information,
key dates, rating factors, and other important information to aid in the
completion of the Grant Program Application. The Byrne SCIP Instruction
Packet is available on the BSCC website at the Byrne SCIP website .
NOTE: Applicants may start and stop their application but must select
"Save Draft" at the bottom of the application before existing.
SECTION 1 -
BACKGROUND
INFORMATION
This section requests information about the project name and location,
federal identification, funding requested, and an overview of the project.
Applicant Name City of San Rafael
Applicant's Physical
Address
1400 Fifth Avenue
San Rafael
CA
94901
US
37.974839
-122.531514
Applicant's Mailing
Address (If different
than physical
address)
Mailing Address for
Payment
1400 Fifth Avenue
San Rafael
CA
94901
US
37.974839
-122.531514
Federal Employer ID 94-6000424
Unique Entity
Identifier (UEI)
CRDW QSJB4AR1
Funding Category Small Scope (Up to $500,000)
Lead Public Agency City of San Rafael
Project Title Enhancing Crisis Response and Firearm Relinquishment Procedures
Program Purpose
Areas (PPA)
Applicants are required to apply for the Program Purpose Areas (PPA) and
Related Program Activities identified in the Byrne SCIP Instruction Packet
(Page 8-10). Three PPAs are identified: PPA 1: Communication, Education,
Outreach, and Public Awareness PPA 2: Referrals to Community-based
Services for People in Crisis PPA 3: Funding for Law Enforcement Crisis
Intervention Programs or Initiatives Applicants are required to address a
minimum of one Program Purpose Area and one corresponding Related
Program Activity. Applicants are not required to address each PPA or
Program Activity.
Communication,
Education, Outreach,
and Public
Awareness (PPA 1)
Outreach to raise public awareness about Extreme Risk Protection Orders
Development and distribution of informational materials about Extreme Risk
Protection Orders
Referrals to
Community-based
Services for People
in Crisis (PPA 2)
Pre-arrest law enforcement and first responder deflection
Triage services, mobile crisis units, and peer support specialists
Suicide and crisis prevention and referral to services
Embedding social workers with law enforcement and co-responder
programs
De-escalation training for law enforcement, first responders and other
justice practitioners
Funding for Law
Enforcement Crisis
Intervention
Programs or
Initiatives (PPA 3)
Supplies, equipment, technology, and training to safely secure, store, track,
and return relinquished guns
Personnel, supplies, and other related costs for crisis intervention officers
or co-responders
Proposal Summary Project Summary The proposed project aims to improve crisis response
and intervention services to reduce gun violence and enhance public
safety in San Rafael. By maintaining the Specialized Assistance for
Everyone (SAFE) Team's capacity, improving coordination with law
enforcement and mental health professionals, and refining firearm
relinquishment procedures, this initiative will significantly reduce uses of
force incidents, justice system diversions, and unauthorized firearm
access.
SECTION 2 -
CONTACT
INFORMATION
This section requests contact information for the individuals identified as
the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-
Day Fiscal Contact, and the Authorized Officer for Signature.
Project Director Todd
Berringer
Project Director's
Title with
Agency/Department/Organization
Lieutenant/San Rafael Police Department
Project Director's
Physical Address
1375 Fifth Ave
San Rafael
CA
94901
US
37.9743142
-122.5316094
Project Director's
Email Address
501@srpd.org
Project Director's
Phone Number
+14154853471
Financial Officer Beth
Minka
Financial Officer's
Title with
Agency/Department/Organization
Business Manager/San Rafael Police Department
Financial Officer's
Physical Address
1375 Fifth Avenue
San Rafael
CA
94901
US
37.9743142
-122.5316094
Financial Officer's
Email Address
412@srpd.org
Financial Officer's
Phone Number
+14154853040
Day-To-Day Program
Contact
Todd
Berringer
Day-To-Day Program
Contact's Title with
Agency/Department/Organization
Lieutenant/San Rafael Police Department
Day-To-Day Program
Contact's Physical
Address
1375 Fifth Avenue
San Rafael
CA
94901
US
37.9743142
-122.5316094
Day-To-Day Program
Contact's Email
Address
501@srpd.org
Day-To-Day Program
Contact's Phone
Number
+14154853471
Day-To-Day Fiscal
Contact
Beth
Minka
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Business Manager/San Rafael Police Department
Day-To-Day Fiscal
Contact's Physical
Address
1375 Fifth Avenue
San Rafael
CA
94901
US
37.9743142
-122.5316094
Day-To-Day Fiscal
Contact's Email
Address
412@srpd.org
Day-To-Day Fiscal
Contact's Phone
Number
+14154853040
Name of Authorized
Officer*
David
Spiller
Authorized Officer's
Title with
Agency/Department/Organization
Police Chief/San Rafael Police Department
Authorized Officer's
Physical Address
1375 Fifth Avenue
San Rafael
CA
94901
US
37.9743142
-122.5316094
Authorized Officer's
Email Address
661@srpd.org
Authorized Officer's
Phone Number
+14154853009
Authorized Officer
Assurances
checked
SECTION 3 -
PROPOSAL
NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the
Byrne SCIP Instruction Packet.
Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project
Description, Project Organizational Capacity and Coordination, and Project
Evaluation and Monitoring Rating Factors as described in the Byrne SCIP
Grant Instruction Packet (refer to pages 20-25). A separate narrative
response is required for each Rating Factor as described below: The
Project Need narrative may not exceed 4,474 total characters (includes
punctuation, numbers, spacing and any text). In Microsoft W ord, this is
approximately two (2) pages in Arial 12-point font with one-inch margins on
all four (4) sides and at 1.5-line spacing. The Project Description narrative
may not exceed 8,948 total characters (includes punctuation, numbers,
spacing and any text). In Microsoft W ord, this is approximately four (4)
pages in Arial 12-point font with one-inch margins on all four (4) sides and
at 1.5-line spacing. The Project Organizational Capacity and Coordination
narrative may not exceed 4,474 total characters (includes punctuation,
numbers, spacing and any text). In Microsoft W ord, this is approximately
two (2) pages in Arial 12-point font with one-inch margins on all four (4)
sides and at 1.5-line spacing. The Project Data Collection and Evaluation
narrative may not exceed 4,474 total characters (includes punctuation,
numbers, spacing and any text). In Microsoft W ord, this is approximately
two (2) pages in Arial 12-point font with one-inch margins on all four (4)
sides and at 1.5-line spacing. A character counter is automatically enabled
that shows the number of characters used and the remaining number of
characters before the limit for each response is met. If the character limit is
exceeded, a red prompt will appear with the message "You have exceeded
the character limit." Applicants will be prohibited from submitting the Byrne
SCIP Grant Application until they comply with the character limit
requirements. NOTE: It is up to the applicant to determine how to use the
total word limit in addressing each section. However as a guide, the
percent of total point value for each section is provided in the Byrne SCIP
Instruction Packet (refer to page 22).
Project Need 1.1 San Rafael, California, is a city with approximately 62,000 residents.
Project Need 1.1 San Rafael, California, is a city with approximately 62,000 residents.
The San Rafael Police Department (SRPD) responds to roughly 36,000
calls for service annually, encompassing a range of public safety issues.
These incidents involves individuals with mental health issues, substance
use, and housing instability.
To address this, the City of San Rafael launched the SAFE (Specialized
Assistance for Everyone) Team in March 2023, a civilian-based crisis
intervention initiative designed to provide non-law enforcement responses
to mental health and social service-related calls. Despite its success—
handling over 3,000 incidents in 2024 alone, accounting for more than 8%
of total call volume—significant gaps remain in ensuring long-term crisis
intervention and firearm risk mitigation.
In the past 3 years, San Rafael has experienced an increase in un-
serialized "ghost guns" among prohibited individuals, emotionally disturbed
persons, and minors. The proliferation of these firearms presents an public
safety concern, aligning with the Byrne State Crisis Intervention Program’s
focus on reducing gun violence and enhancing community intervention
efforts.
1.2 The following conditions contribute to the need for enhanced crisis
intervention and firearm relinquishment procedures:
•Service Gaps: For the past two years, the SAFE Team has operated 12
hours a day, seven days a week. The city is in the final year of their 3-year
pilot program. The City of San Rafael is looking for continued funding to
maintain the level of service to fund the Crisis Intervention Specialists on
the SAFE Team to continue to provide service to individuals in crisis.
•Firearm Accessibility: The ease of obtaining un-serialized “ghost guns” has
increased firearm-related risks among individuals in crisis or prohibited
persons. Between 2019 and 2023, SRPD seized 117 unlawful firearms,
including 13 un-serialized “ghost guns”.
•Lack of Formalized Protocols: W hile the SAFE Team collaborates with law
enforcement, there is no standardized protocol for assessing individuals in
crisis who may have access to firearms.
•On-going Training: Due to significant turn-over, law enforcement and crisis
response personnel require training in crisis de-escalation, firearm risk
assessment, and Extreme Risk Protection Orders (ERPOs) to enhance
intervention effectiveness.
1.3 Since the inception of the SAFE Team, the Police Department has
diverted over 8% of total police calls in 2024, demonstrating the
community’s reliance on alternative crisis response services. Since the
SAFE Team’s implementation, San Rafael has seen a measurable
decrease in uses of force and arrests. There is a strong correlation
between the implementation of the SAFE Team and the number of
diversions (arrests) from the justice system.
Firearm Seizures: Between 2019 and 2023, SRPD seized 117 firearms.
W hile the data indicates the number of firearms seized has remained
consistent in the past several years, there are concerns that firearms
continue to fall into the hands of prohibited persons.
The Bureau of Alcohol, Tobacco, Firearms and Explosives reported a
1,000% increase in ghost gun recoveries from 2016 to 2021. The San
Rafael Police Department recovered 13 un-serialized firearms between
2021 – 2023, after not recovering any in the years prior. Greater
awareness and education is needed to highlight safe firearm ownership,
storage and restricting access to prohibited or at-risk persons.
1.4 Grant funding is critical to sustaining the SAFE Team’s crisis
intervention and firearm risk mitigation efforts. Specifically, funding will
support:
•Maintaining Three Crisis Intervention Specialists: Sustaining SAFE Team’s
capacity to respond to high-risk individuals exhibiting mental health and
violence risk factors.
•Enhanced Law Enforcement Training: Providing all SRPD officers with
crisis intervention, de-escalation, and firearm risk assessment training to
improve outcomes.
•Developing Standardized Firearm Relinquishment Protocols: Establishing
formal procedures for law enforcement and crisis responders to safely and
legally remove firearms from at-risk individuals.
•Community-Based Firearm Relinquishment Initiatives: Hosting a gun
buyback program and educational campaign to encourage voluntary firearm
surrender and improve public safety.
By addressing these needs, San Rafael will strengthen its crisis
intervention framework, enhance public safety, and mitigate firearm-related
risks.
Project Description 2.1 The grant will fund three Crisis Intervention Specialist (CIS) for the San
Rafael SAFE Team. The SAFE Team is a mobile crisis intervention unit
operating within the City of San Rafael, working in collaboration with the
SRPD and San Rafael Fire Department. The CIS will improve response
capacity, strengthen proactive outreach, enhance mental health crisis
stabilization efforts and connect individuals to resources through the SAFE
Team’s Navigator.
The CIS will continue to be integrated with the existing SAFE Team,
providing mental health crisis intervention, de-escalation, and service
coordination. This project aligns with the Byrne SCIP’s Program Purpose
Area (PPA) 2 by addressing crisis response, violence prevention, and
community-based alternatives to justice system involvement. The CIS will:
•Conduct proactive crisis intervention and stabilization efforts and support
individuals with substance use disorders, mental illness, and homelessness
by connecting them with long-term care resources.
•Provide trauma-informed de-escalation, mental health assessment, and
service navigation to reduce law enforcement involvement in non-criminal
crises.
•Facilitate transportation to treatment and crisis stabilization centers in
partnership with county and city service providers.
The project will focus on the geographic boundaries of the City of San
Rafael, with an emphasis on downtown, public parks, and areas identified
by SRPD and SAFE Team. This selection is based on data indicating high
incidences of mental health crises, substance use issues, and
homelessness in these locations.
The CIS will support an estimated 1000+ individuals annually. Individuals
will be identified through referrals from SRPD, SRFD, local service
providers, and direct SAFE Team engagement. The specialist will conduct
needs assessments and determine appropriate interventions.
The project will focus on reducing racial and ethnic disparities in crisis
response by ensuring equitable access to culturally competent care. The
specialist will employ evidence-based de-escalation techniques to prevent
use-of-force incidents and system involvement, particularly among
historically marginalized populations. By diverting individuals from
incarceration and emergency room visits, the project aims to break cycles
of crisis-driven recidivism.
The CIS will be trained in trauma-informed care, harm reduction, and
culturally competent interventions. Services will be tailored to meet the
diverse needs of the community, with sensitivity to language barriers,
immigration concerns, and historical distrust of law enforcement.
The project prioritizes mental health stabilization and diversion from the
criminal justice system. The CIS will ensure that individuals in crisis receive
appropriate care rather than punitive measures. By strengthening early
intervention efforts, the project aims to reduce the strain on emergency
services and law enforcement while promoting long-term well-being for
vulnerable populations in San Rafael.
2.2 The SAFE Team will implement this project with the following key goals
and objectives:
Goal 1: Improve Crisis Response and Intervention to Enhance Public
Safety (PPA 2/3)
•Continuation of the SAFE Team’s capacity at the conclusion of the pilot
program (March 2026) to respond to individuals in crisis
•Establish a structured collaboration between the SAFE Team, law
enforcement, and the Crisis Stabilization Unit to prioritize de-escalation and
reduce uses of force.
•Enhance tracking and evaluation mechanisms to measure the impact of
crisis interventions and refine service strategies.
Key Activities and Timelines:
•Newly hired police officers and SAFE Team members will attend Crisis
Intervention Training and de-escalation training (Q3/2025 – Q4 2027).
•Joint training with SAFE Team and law enforcement agencies will be
conducted to enhance co-response capabilities for high-risk situations,
such as when firearms are present, or subjects have Extreme Risk
Protection Orders (Q4/2025 – Q4/2026).
•Implementation of SAFE Team protocols for firearm access assessments
in crisis situations (Q4/2025 – Q4/2026).
Responsible Staff/Partners:
•CIT instructors, Police/SAFE Team trainers
Data Collection Metrics:
•Total crisis-related calls for service (CFS); response times and types of
calls (e.g., counseling, suicidal subjects, welfare checks, police/fire
assists); outcomes including advisements, transports, or diversions from
the Justice System/Emergency Department; use-of-force incidents; number
of officers completing crisis intervention training.
Goal 2: Strengthen Firearm Relinquishment Procedures for Individuals
Identified as High Risk or Individuals W ho May Have Access to Firearms
•Improve processes for legal and safe firearm relinquishment under
Extreme Risk Protection Orders (ERPOs).
•Train SAFE Team and law enforcement on best practices for handling
firearm-related crises.
•Host a community gun buyback to reduce firearm accessibility among at-
risk individuals and raise awareness about ERPO’s.
Key Activities and Timelines:
•ERPO training for law enforcement and SAFE Team personnel (Q3 and Q4
2026).
•Host community gun buyback event (Q2/2026). No grant money will be
used towards incentivizing the buyback of firearms. Grant money will be
used towards personnel staffing and educational materials.
Responsible Staff/Partners:
•County of Marin Behavioral Health, Marin County District Attorney, Marin
LE Agencies, and SAFE Team leadership.
Data Collection Metrics:
•Number of police officers attending training in the ERPO’s; number of
SAFE Team members attending training in ERPO’s; number of community
members who participate in the gun buyback program; number/types of
outreach efforts to educate the community on safe storage, access and
dangers of unsecured firearms; number of firearms seized related to
ERPO’s; number of firearms voluntarily turned over for destruction
This structured approach ensures that the SAFE Team’s enhanced crisis
intervention capabilities align with the Byrne SCIP’s goals, improving public
safety while prioritizing mental health support and reducing system
involvement for vulnerable populations.
2.3 The target population covers all of the City of San Rafael. The grant
funded CIS will be imbedded into the composition of the SAFE Team and
will partner with an EMT. The SAFE Team is incorporated into San Rafael's
emergency response system and is dispatched through the Public Safety
Answering Point by dispatchers. In addition to 988 and 911 Emergency, a
dedicated non-emergency SAFE Team telephone number has been
established for community members to call for assistance. Bilingual
dispatchers or translation services are also available.
2.4 Research demonstrates that crisis intervention teams effectively
reduce the use of force, prevent unnecessary arrests, and improve mental
health outcomes. According to the San Francisco Police Department’s
2023 CIT Annual Report, officers trained in crisis intervention significantly
reduced the number of violent encounters involving individuals in mental
health crises. Furthermore, a study published in the Journal of the
American Academy of Psychiatry and the Law (Rogers, 2019) highlights
how crisis response teams lower emergency room visits and reduce repeat
interactions with law enforcement.
Additionally, the national best practices compiled by the Police Executive
Research Forum (PERF) emphasize the importance of a co-response
model, where mental health professionals collaborate with law enforcement
to address behavioral crises (PERF, 2018). This approach has been
associated with increased diversion from the criminal justice system and
better long-term health outcomes.
By integrating these evidence-based strategies, the SAFE Team will
ensure that crisis intervention efforts align with proven methodologies,
fostering safer community interactions and enhancing public safety
outcomes.
W hile scientific research is inconclusive on whether gun buyback programs
reduce gun violence, the value of the program will be on community
engagement, destruction of unwanted firearms and education on gun safety
during the buybacks (Merrefield, 2022). By reducing the number of firearms
in the community, coupled with educating them about the safe storage and
restricting access to firearms by prohibited persons or mentally ill persons,
the City of San Rafael desires to foster a safer environment for all
residents. The proposed gun buyback program will serve to prevent
firearm-related incidents by providing an accessible and anonymous
avenue for individuals to surrender unwanted firearms. The program will
emphasize responsible gun ownership and the importance of secure
firearm storage. Funding for this initiative will support outreach efforts,
educational materials, and logistical needs to ensure a well-coordinated
and impactful event. No funds will be used to ‘buyback’ the unwanted
firearms.
Project
Organizational
Capacity and
Coordination
3.1 The San Rafael Police Department (SRPD) is comprised of 66 sworn
personnel, whom are divided into two divisions, Operations and Support
Services. W ithin the Operations Division, there are four patrol teams
comprised of 6-7 officers on each patrol team. The patrol teams work 12-
hour shifts and are managed by a dayshift and nightshift Lieutenant. The
Dayshift Operations Unit Lieutenant would oversee the management,
oversight and implementation of the grant.
3.2 In 2023, the City of San Rafael partnered with a non-profit, Petaluma
People Services Center, to start a mobile mental health crisis response
team. This team, referred to as "SAFE" (Specialized Assistance For
Everyone), went into service on March 29th, 2023, for a 3-year pilot
program. The SAFE team is modeled after the CAHOOTS (Crisis
Assistance Helping Out On The Streets) program in Eugene and
Springfield, OR. The SAFE Team consists of Emergency Medical
Technicians and a Crisis Intervention Specialists. The SAFE Team is
overseen by the SAFE Team Director, an employee of Petaluma People
Services Center. The SAFE Team Director has two Managers that oversee
the day-to-day operations. A Police Operations Lieutenant serves as the
liaison to the SAFE Team, responsible for developing policies, identifying
trends, improving efficiencies, and supporting the organizational needs of
the SAFE Team. The liaison also fosters collaboration between the SAFE
Team, patrol officers, and partner agencies, such as the County of Marin
Mobile Crisis Response Team, to ensure effective service delivery and
improved outcomes for individuals.
Services provided by SAFE include responding to people who are under
the influence of drugs or alcohol, in need of treatment for mental illness, or
who need shelter by providing counseling and transportation to the
appropriately staffed location. The team will also address minor medical
complaints that do not require emergency room care. Left untreated, some
of these medical conditions can become severe. The SAFE Team will also
be supported by a SAFE Team Navigator, who will manage referrals to the
various social and mental health programs in Marin County. The SAFE
Team operates twelve hours per day, seven days a week, 365 days per
year.
The proposed project will utilize the existing staff resource of the SAFE
Team Liaison, SAFE Team staff, and SRPD staff to implement the project
plan. The grantee recognizes that no money will be used to supplant an
existing allocation of funds for the pilot program. However, the funded 3-
year pilot program for the SAFE Team will expire in March 2026 (Q1/2026).
Therefore, the grant funds will be used to sustain the existing SAFE Team
after the pilot program has expired.
3.3 Crisis intervention and de-escalation training will start immediately upon
funding from the grant. The County of Marin regularly hosts Crisis
Intervention Training (CIT). Currently the San Rafael Police Department
has 47 officers CIT trained. Based on recent hirings, and projected
vacancies during the grant period, SRPD anticipates an additional 20
officers will need to attend CIT.
Starting in Q2 of 2026, after the conclusion of the SAFE Team pilot
program, grant funds will be used towards the sustainability of the SAFE
Team CIS. The SAFE Team employs three Crisis Intervention Specialists
on the team. The City of San Rafael will fund the other half of the SAFE
Team Emergency Medical Technicians through their General Fund. The
grant will fund the hiring and training of any CIS vacancies between
Q2/2026 through the conclusion of the grant period.
Establishing SAFE Team/police procedures and implementing training
regarding assessing an individual in crisis who may have access to
firearms will take place in Q4/2025 through Q2/2026.
Joint training between Law Enforcement agencies and SAFE Team on
various Extreme Risk Protection Orders will take place in Q3/2026 through
Q4/2026. These training courses will cover best practices, safety
considerations, and interoperability with the SAFE Team/Mobile Crisis
Response Teams.
3.4 The management structure for the proposed project will be overseen by
the Police Operations Captain. The Program Manager and Grant
Administrator will be the Police Dayshift Lieutenant. The Dayshift
Lieutenant will work in coordination with staff, including the SAFE Team
Director, to ensure proper training, implementation, transparency, reporting
and monitoring.
Project Data
Collection and
Evaluation
4.1 Evaluation Plan and Monitoring Activities
The City of San Rafael will implement a comprehensive data collection and
evaluation strategy to assess the effectiveness of the SAFE Team
program and firearm relinquishment initiatives. A combination of internal
staff and external partners will be involved in the evaluation process to
ensure an unbiased and data-driven approach.
The San Rafael Police Department (SRPD) will oversee data collection
efforts in collaboration with the SAFE Team Manager. To maintain an
objective assessment, the Police Advisory and Accountability Committee
(PAAC) Senior Management Analyst will conduct a formal analysis of the
program’s outcomes and report out the findings to the public at a committee
meeting.
Monitoring activities will be incorporated across various project phases:
•Start-Up Phase: The SAFE Team and SRPD will re-evaluate their
standardized data entry protocols and re-train all personnel involved in data
collection.
•Implementation Phase: Periodic reviews will be conducted to ensure data
integrity and compliance with performance measurement benchmarks.
•Service Delivery Period: Data will be continuously collected and reviewed
to track trends, assess operational effectiveness, and make necessary
program adjustments.
•Evaluation and Reporting: The external evaluation partner will analyze
collected data to generate reports measuring program impact, successes,
and areas for improvement.
4.2 Data Elements for Measuring Project Outcomes
The following key data elements will be collected to measure the
achievement of project goals and objectives:
Crisis Response Effectiveness:
o Total number of calls for service handled by the SAFE Team
o Response times for police and SAFE Team members
o Call types (e.g., counseling requests, suicidal subjects, welfare checks)
o Outcomes and dispositions (e.g., assisted, safety contracts, transported
to Crisis Stabilization Unit)
o Number of jail and justice system diversions
Law Enforcement Interactions and Training:
o Number of police officers trained in crisis intervention and de-escalation
techniques
o Percentage of SRPD officers who completed Crisis Intervention Training
(CIT)
o Number of law enforcement responses that included a SAFE Team
intervention
o Overall number of arrests/number of arrests per officer
o Use of force incidents compared to total calls for service
o Types of force used
Firearm Relinquishment and Risk Mitigation:
o Number of firearms seized or voluntarily surrendered through ERPOs
o Number of ghost guns recovered
o Number of community members participating in gun buyback programs
o Outreach efforts completed to educate the public on firearm safety and
relinquishment procedures
4.3 Data Collection and Data Sharing Plan
To ensure comprehensive data tracking and evaluation, the project will
implement a multi-faceted data collection approach:
Internal Data Collection:
o SAFE Team members and SRPD officers will document interactions and
outcomes in the department’s records management system.
o Standardized reporting templates will be used to record crisis call
responses and firearm relinquishment efforts.
o Monthly data reviews will be conducted to identify trends and address
potential challenges in service delivery.
External Data Collection and Analysis:
o The PAAC Senior Management Analyst will aggregate data from multiple
sources, conduct independent assessments, and generate quarterly
performance reports.
o Qualitative data will be gathered through community feedback, focus
groups, and interviews with individuals who received SAFE Team services.
Data Sharing Agreements:
o If necessary, the City of San Rafael will enter into formal data-sharing
agreements with relevant agencies, such as Marin County Behavioral
Health and other Marin County law enforcement agencies, to facilitate
information exchange related to ERPOs, mental health crisis interventions,
and firearm-related incidents.
o Agreements will be structured to comply with all applicable laws and
confidentiality requirements, ensuring the protection of sensitive
information while enabling cross-agency collaboration.
By implementing this rigorous data collection and evaluation framework, the
City of San Rafael will effectively assess the SAFE Team program’s
impact, refine intervention strategies, and contribute to broader efforts
aimed at reducing crisis-related incidents and firearm-related risks within
the community.
Budget Instructions Applicants are required to submit a Proposal Budget and Budget Narrative
(Attachment A). Upon submission, the Budget Attachment will become
Section 5: Proposal Budget (Budget Tables and Narrative) making up part
of the official proposal. The Budget Attachment must be filled out
completely and accurately. Applicants are solely responsible for the
accuracy and completeness of the information entered in the Budget
Tables and Narrative. The grant budget must cover the entire grant period.
Funding information is available on pages 11-12 a of the Byrne SCIP
Instruction Packet. For additional guidance related to grant budgets, refer
to the BSCC Grant Administration Guide. The Budget Attachment is
provided as a stand-alone document on the BSCC website at the Byrne
SCIP website. (Please do not use the sample template in the Byrne SCIP
RFP Instruction Packet, which is provided on pages 52-58 for reference
only.)
Byrne SCIP Budget and Budget Narrative (Attachment A)
ATTACHMENT-A-Byrne-SCIP-Cohort-2-Budget-Attachment.xlsx
OPTIONAL:
Bibliography
Bibliography:
American Medical Association. (2021, March 18). Properly regulating
"ghost guns" will save lives and cut crime. American Medical Association.
https://www.ama-assn.org/about/leadership/properly-regulating-ghost-guns-
will-save-lives-and-cut-crime?utm_source=chatgpt.com
Everytown for Gun Safety. (2023). The rise of ghost guns and the threat
they pose to public safety. https://www.everytown.org
Rogers, M. S., McNiel, D. E., & Binder, R. L. (2019). Effectiveness of
police crisis intervention training programs. Journal of the American
Academy of Psychiatry and the Law Online, 47(4), 414–421.
https://doi.org/10.29158/JAAPL.003863-19
Police Executive Research Forum. (2018). Responding to individuals in
behavioral health crisis: Best practices from law enforcement agencies.
https://www.policeforum.org/assets/MBHResponse.pdf
San Francisco Police Department. (2023). Crisis intervention team annual
report. https://www.sanfranciscopolice.org/sites/default/files/2025-
02/SFPD_CIT_AnnualReport_2023_20250206.pdf
W atson, A. C., Compton, M. T., & Pope, L. G. (2019). Crisis response
services for people with mental illness or intellectual and developmental
disabilities: A review of the literature. Journal of the American Academy of
Psychiatry and the Law, 47(4), 414-421.
https://jaapl.org/content/early/2019/09/24/JAAPL.003863-19
Merrefield, C. (2022, October 21). Gun buybacks: W hat the research says.
The Journalist's Resource. https://journalistsresource.org/health/gun-
buybacks-what-the-research-says/
SECTION 4 -
MANDATORY
ATTACHMENTS
This section lists the attachments that are required at the time of
submission. Project W ork Plan (Attachment B) Criteria and Assurance for
NGOs that Receive BSCC Grant Funds as a Subcontractor (Attachment C)
Certification of Compliance with BSCC Policies on Debarment, Fraud,
Theft, and Embezzlement (Attachment D) Governing Board Resolution or
Other Proof of Signing Authority – (not required at time of submission;
however, must be submitted if awarded grant funds.) (Attachment E)
Project W ork Plan (Attachment B)
ATTACHMENT_B_-_City_of_San_Rafael-SAFE_Team_W ork_Plan.docx
Criteria and Assurance for NGOs that Receive BSCC Grant Funds as a Subcontractor
(Attachment C)
ATTACHMENT-C_Byrne-SCIP-Cohort-2-Criteria-for-NGO-Subcontractors.pdf
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement
(Attachment D)
ATTACHMENT-D_Byrne-SCIP-Cohort-2-Certification-of-Compliance-with-BSCC-Policies-
Regulations.pdf
OPTIONAL:
Governing Board
Resolution or Other
Proof of Signing
Authority (Attachment
E)
CONFIDENTIALITY
NOTICE:
All documents submitted as a part of the Byrne State Crisis Intervention
Grant proposal are public documents and may be subject to a request
pursuant to the California Public Records Act. The BSCC cannot ensure
the confidentiality of any information submitted in or with this proposal.
(Gov. Code, § 6250 et seq.)
City of San Rafael
BSCC 1353-25
Page 1 of 1
APPENDIX A: BYRNE SCIP ADVISORY BOARD ROSTER
Name Title Organization/Agency
1
Linda Penner (Chair)
Chair Board of State and Community
Corrections
2 Juan Avila Chief Operating Officer
(Victim Services)
Garden Pathways
3 Norma Cumpian Director, Women’s Department
(Community)
Anti-Recidivism Coalition
4
Brenda Grealish
Executive Officer, Council on
Criminal Justice and Behavioral
Health (Behavioral Health)
California Department of Corrections
and Rehabilitation
5
Kirk Haynes Chief Probation Officer
(Law Enforcement Fresno County
6 Jason Johnson Director, Division of Adult
Parole Operations
(Law Enforcement)
California Department of Corrections
and Rehabilitation
7 Jeffrey Macomber Secretary
(Law Enforcement) California Department of Corrections
and Rehabilitation
8
Nancy O’Malley
District Attorney (Retired)
(Prosecution)
Alameda County
9 Alan Slater Chief Executive (Retired)
(Courts) Orange County Superior Court
10
Eric Taylor
Sheriff-Coroner (Law
Enforcement)
San Benito County
11 Eloisa Tuitama Staff Counsel
(Legal Counsel) Board of State and Community
Corrections
12
Angeles D. Zaragoza
Attorney, Deputy Executive
Director, Youth Programs
(Community) Los Angeles Room and Board
City of San Rafael
BSCC 1353-25
Page 1 of 2
APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Subawards
Required Attachment: Applicants will be prompted to upload this document from the
BSCC Byrne SCIP website to the BSCC Submittable Application Portal.
The Byrne SCIP RFP includes requirements that apply to non-governmental
organizations that receive BSCC grant funds as subcontractors. Grantees are
responsible for ensuring that all subcontracted third parties continually meet these
requirements as a condition of receiving any Byrne SCIP funds. The RFP describes these
requirements as follows:
Any non-governmental organization that receives Byrne SCIP funds must:
• Have been duly organized, in existence, and in good standing at least six (6) months
prior to the start date of the applicant’s Grant Agreement with BSCC.
Note: Non-governmental organizations that have recently reorganized or have
merged with other qualified non-governmental organizations that were in existence
prior to the six (6) month date are also eligible, provided all necessary agreements
have been executed and filed with the California Secretary of State prior to the
start date of the applicant’s Grant Agreement with BSCC.
• Be registered with the California Secretary of State’s Office, if applicable.
• Have a valid business license, Employer Identification Number (EIN), and/or
Taxpayer ID (if sole proprietorship).
• Have any other state or local licenses or certifications necessary to provide the
services requested (e.g., facility licensing by the Department of Health Care
Services), if applicable.
In the table below, provide the name of the Grantee and list all subcontracted third parties.
Name of Grantee:
Name of Subcontracted Third
Party Address Email / Phone Meets All
Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
City of San Rafael
BSCC 1353-25
Page 2 of 2
APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Subawards
See next page for signature block
Grantees are required to update this list and submit it to BSCC any time a new third-
party subcontract is executed after the initial assurance date. Grantees shall retain (on-
site) applicable source documentation for each contracted party that verifies compliance
with the requirements listed in the Byrne SCIP RFP. These records will be subject to the
records and retention language found in Appendices A and C of the Standard
Agreement.
The BSCC will not reimburse for costs incurred by any third party that does not meet the
requirements listed above and for which the BSCC does not have a signed grantee
assurance on file.
A signature below is an assurance that all requirements listed above have been
met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE
x
CORRECTIONS C PG p PLANNING AND
GRANT PROGRAMS
State Crisis Intervention Program (SCIP) Cohort 2Project Budget and Budget Narrative
Name of Applicant:
Note: This table will auto-populate based on the information entered in the sections below.
Budget Line Item
1. Salaries and Benefits
2. Services and Supplies
3. NGO Subcontractors Providing Services
4 . Professional Services/Independent Contractors
5. Public Agency Subcontractors
6 . EquipmenUFixed Assets
7. Other (Travel, Training, etc.)
8. Indirect Costs
1. Salaries and Benefits
Title (% FTE Q! Hourly Rate) & Benefits
Example (Hourly): Fiscal Manager $60/hour x 10 hours/month x 3 years= $21,600 + benefits @22% = $4,752
Example (FTE): Counselor .25 FTE@ $60,000 x 3 years= $45,000
TOTAL
Example (FTE): Housing Navigator 1.00 FTE @ $75,000 (Year 1) +@$80,000 (Year 2) + @ $85,000 (Year 3) + benefits @ 25% =
1@60000
Project Manager -Police Lieutenant $118/hr (salary+ 94% benefits) x 120 hours/year x 2 years
Fiscal Manager -Business Manager $54.26/hr (salary+ 78% benefits) x 15 hours/year x 2 years
Police Senior Management Analyst $75.92/hr (salary+ 20% benefits) x 50 hours/year x 2 years
Police Officers -Instructors for Phase Training on ERPO's 2 Police Officers x $79 .50/hr (salary+ 108% benefiits) x 44 hours for curriculum
developmenUtraining
Grant Funds
$81,120
$1,950
$369,671
$7,200
$0
$0
$2,016
$21,325
$483,282
Grant Funds
$26,352
$45,000
$300,000
$54,720
$2,880
$9,000
$14,520
$81,120
Salaries and Benefits Narrative: Provide a brief description for each position to address their role on the grant project.
Grant Funds
$17,500
$450
$1,500
$1,950
Calculation for Expenditure
$350 x 50 Participants
TOTAL
TOTAL
Example: Supportive Services (bus passes, gas cards, etc.)
SAFE Team Uniform
responsible for data analysis and annual reporting.
Two police officer instructors to develop curriculum and teach five phase trainings to all San Rafael Police Officers on Extreme Risk Protection Orders and firearms relinquishment
MOD x APPROVAL DATE:
2. Services and Supplies
Description of Services or Supplies
$150 x 3 Crisis Intervention Specialists
The SAFE Team Crisis Intervention Specialists where a uniform when they are providing service to the community.
SAFE Team educational materials for training officers in Extreme Risk Protection Orders (ERPO).
SAFE Team handouts, pamphlets and other educational materials for community awareness about ERPO's.
MOD x APPROVAL DATE:
3. Non-Governmental Organization (NGO) Subcontracts
Services and Supplies Narrative: Provide a brief description for each item that explains how it will be used toward fulfilling grant objectives.
Name of NGO Subcontractor Grant Funds
$11,250
$369,671
$369,671
Description of Subcontract Grant Funds
$7,200
$7,200
Petaluma People Services Center - Specialized Assistance
For Everyone (SAFE) Team
Example: Private Industrial Council
Calculation for Expenditure
Training Class $450 x 25 participants
Specialists (See cost breakdown in description below)
NGO Subcontracts Narrative: List each NGO subcontractor that will be providing direct services. Provide a brief description the the services that will be provided.
SAFE Team Crisis Intervention Specialists (3.0 FTE $164,248/year (salary) + $37,777 (benefits) x 1.5 years). Even though the SAFE Team is comprised of a Crisis Intervention
years) to avoid supplanting from local funds already allocated from the pilot program.
MOD x APPROVAL DATE:
TOTAL
4. Professional Services/Independent Contractors
Example: XYZ Evaluation Services
Brady (Brady United)
Calculation for Expenditure
$XXXX per month for data collection and evaluation services.
$3600 per month for research, data, and curriculum development for ERPO's (x2 months)
Professional Services/Independent Contractors Narrative: List each Professional Services/Independent Contractors (includes evaluators, accountants, bookkeepers,
grants management, training, technical assistance, etc.) Provide a brief description of the services that will be provided.
Consultant to assist with developing curriculum and policy with officers on Extreme Risk Protection Orders and safe firearm surrender procedures when working with the SAFE Team
TOTALS
Name of Public Agency Grant Funds
$292,500
$0
Description of Equipment/Fixed Asset Calculation for Expense Grant Funds
Example: Purchase of Vehicle $50,000
MOD x APPROVAL DATE:
5. Public Agency Subcontracts
Example: River County Behavioral Health Services 0.75 FTE Behavioral Health Specialist @ $100,000 = $75,000 x 3 years = $225,000 + 30%
benefits =
Calculation for Expenditure
MOD x APPROVAL DATE:
6. Equipment/Fixed Assets (items costing $3,500 or more per item; see #5 in the instructions)
Public Agency Subcontracts Narrative: List each public agency that will receive grant funds. Provide a brief description of the services that will be provided.
TOTALS
TOTAL $0
Grant Funds
Example: Staff Trainings $2,500
$2,016
$2,016
Equipment/Fixed Assets Narrative: List any equipment or fixed assets that will be purchased with grant funds and provide a brief description for each item that explains
how it will be used toward fulfilling grant objectives.
MOD x APPROVAL DATE:
7. Other (Travel, Training, etc.)
Calculation for Expense
$500/per training x 5 staff
$1008 per training x 2 staff
Description
Staff Training in ERPO
Other (Travel, Training, etc.) Narrative: Provide a brief explanation for how each item listed above will contribute toward fulfilling grant objectives. Please budget for one 2-
day trip to Sacramento for 3-5 key grant team members.
Travel and training for two officers to attend Extremen Risk Protection Orders (Train the trainers)
MOD x APPROVAL DATE:
TOTAL
Grant Funds
15.00% $142,286 $21,343 $21,325
10%$461,957 $46,196
$21,325
Indirect Costs Narrative:
Indirect Costs Narrative: The indirect costs will cover equipment repair/maintenance of the SAFE Team van, fuel, insurance, officer supplies, SAFE Team supplies (client's clothing,
needle disposal kits, etc), utilites, communications equipment (radios, van cell phone service, etc.) for the 1. 5 years. As stated above, the grant will only cover 1.5 years worth of
MOD x APPROVAL DATE:
TOTAL
If the applicant does not have a federally approved indirect cost rate, the applicant may claim
multiplied by total direct costs, minus equipment, plus up to the first $50,000 of each subcontract)
*If the amount entered in H277 turns red, please adjust it to not exceed the line item limit
noted in G277
If the applicant has a federally approved indirect cost rate, may claim indirect costs up to the
organization's federally approved indirect cost rate.
*If the amount entered in H278 turns red, please adjust it to not exceed the line item limit
noted in G278
8. Indirect Costs
For this grant program, indirect costs may be charged using only one of the two options below:
Byrne SCIP Applicant Agency:
Total Grant Award
$483,282
$0
Grant Funds
$81,120
$1,950
$369,671
$7,200
$0
$0
$2,016
$21,325
$483,282
Program Purpose Area Funding Table
Section VIII: Project Budget and Budget Narrative
Program Purpose Area Allocations
Applicants must allocate all JAG grants funds to one or more of the Program Purpsose Areas (PPA) as described in the
Request for Proposal. No JAG funds may be expended outside of the JAG priority PPAs. For the purposes of proposal
scoring, no PPA shall carry more weight than another. The totals for each year in the Program Purpose Area (PPA)
Funding Table must equal the total grant funds requested.
4. Professional Services/Independent Contractors
Total Grant Funds
Requested
1. Communication, Education, Outreach and Public Awareness (related to Extrreme
Risk Protection Order (ERPO) laws and programs
2. Referrals to Community-Based Services for Peopl inn Crisis
PPA allocations must equal the total grant funds requested*: Totals
* If PPA allocation totals show as red font, they do not equal the amount of grant funds requested as required.
Project Budget Table
Budget Line Item
1. Salaries and Benefits
2. Services and Supplies
3. NGO Subcontractors Providing
3. Funding for Law Enforcement Crisis Intervention Programs or Initiatives
5. Public Agency Subcontractors
6. Equipment/Fixed Assets
7. Other (Travel, Training, etc.)
TOTAL
8. Indirect Costs
Attachment B: City of San Rafael/SAFE Team Project Work Plan
(1) Goal: Improve Crisis Response and Intervention to Reduce Gun Violence and Enhance Public Safety
Objectives (A., B., etc.)
A. Expand the SAFE Team’s ability to respond to crisis calls related to individuals exhibiting risk factors for violence, providing immediate
intervention and referrals to appropriate services.
B. Establish a structured collaboration between the SAFE Team, Law Enforcement, and the Crisis Stabilization Unit to ensure a coordinated
response that prioritizes de-escalation and risk reduction to lower uses of force incidents and diversions from the justice system.
C. Improve the tracking and evaluation system to measure the effectiveness of crisis interventions, ensuring continuing improvement.
Project activities/services that support the identified goal and objectives: Responsible staff/partners Timeline
Start Date End Date
1. Have all police officers attend Crisis Intervention and De-escalation training
2. Hire and Train three (x3) Crisis Intervention Specialists for the SAFE Team
3. Establish SAFE Team/Police procedures and training regarding assessing an
individual in crisis who may have access to firearms
1. CIT Instructors / Self Defense and
Tactics Instructors
2. SAFE Team Manager
3. SAFE Team Manager
1. Q3/2025
2. Q2/2026
3. Q3/2026
1. Q3/2027
2. Q3/2027
3. Q3/2027
List the data elements that will be used to measure the extent to which the goal and its objectives are achieved. See Appendix E for the definition of a data element.
• Total Calls for Service (CFS)
• Response times
• Call Types (i.e., Counseling Requests, Suicidal Subjects, Welfare Checks, Police/Fire Assist, etc.)
• Outcomes/Dispositions (Advised, Assisted, Safety Contracts, Transported to Crisis Stabilization Unit, etc.)
• Number of jail/justice system diversions
• Number of referrals to other services
• Number of uses of force incidents compared to total calls for service
• Types of force used to gain compliance
• Types of de-escalation techniques used prior to the application of force
• Number of officers who attend crisis intervention training (CIT). Compare to % of total San Rafael police officers who completed
CIT.
• Number of officers who attend de-escalation training. Compare to % of San Rafael police officers who have completed de-
escalation training
• Comparison on the # of use of force incidents and when they occur (SAFE Team operating hours v. When SAFE Team is not
working)
(2) Goal: Strengthen Firearm Relinquishment Procedures for Individuals Identified as High Risk or Individuals Who May Have Access to
Firearms
Objectives (A., B., etc.)
A. Refine and streamline procedures for the safe and legal relinquishment of firearms from individuals under Extreme Risk Protection Orders
(ERPO) or for those individuals who are deemed at risk.
B. Provide training for SAFE Team, Marin County Mobile Crisis Response Team, and San Rafael Police Officers on best practices for
addressing firearm-related safety concerns and ensuring compliance with legal mandates.
C. Destroy unwanted firearms in the community to restrict access by emotionally disturbed persons or other prohibited persons
Project activities/services that support the identified goal and objectives: Responsible staff/partners Timeline
Start Date End Date
1. Law Enforcement and SAFE Team training on various ERPO’s and safety
considerations
2. Community engagement by SAFE Team and Officers on ERPO’s/Firearm
relinquishment
1. SRPD Detectives/Marin County District
Attorney
2. Police/SAFE/Brady
1. Q1g/2026
2. Q2/2026
1. Q2/2026
2. Q2/2027
List the data elements that will be used to measure the extent to which the goal and its objectives are achieved. See Appendix E for the definition of a data element. >
• Number of police officers training in the ERPO’s and best practices for safety considerations
• Number of SAFE Team members training in ERPO’s and best practices for safety considerations
• Number of community members engaged in ERPO, safe firearm relinquishment
• Number/Types of outreach efforts that are completed to educate the community on safe storage, access and dangers of
unsecured firearms
• Number of firearms seized for destruction related to ERPO’s
Page 1 of 2
ATTACHMENT C
Criteria for Non-Governmental Organizations Receiving
Byrne SCIP Funds as a Subcontractor
Required Attachment: Applicants will be prompted to upload this document from the
BSCC Byrne SCIP website to the BSCC Submittable Application Portal.
The Byrne SCIP Request for Proposals (RFP) includes requirements that apply to non-
governmental organizations that receive BSCC grant funds as subcontractors. Grantees
are responsible for ensuring that all subcontracted third parties continually meet these
requirements as a condition of receiving any Byrne SCIP grant funds. The RFP describes these
requirements as follows:
Any non-governmental organization that receives Byrne SCIP grant funds must:
• Have been duly organized, in existence, and in good standing at least six (6) months prior
to the start date of the applicant’s Grant Agreement with BSCC:
Note: Non-governmental organizations that have recently reorganized or have merged with
other qualified non-governmental organizations that were in existence prior to the six (6)
month date are also eligible, provided all necessary agreements have been executed and
filed with the California Secretary of State prior to the start date of the applicant’s Grant
Agreement with BSCC.
• Be registered with the California Secretary of State’s Office, if applicable;
• Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer
ID (if sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services
requested (e.g., facility licensing by the Department of Health Care Services), if
applicable.
In the table below, provide the name of the Grantee and list all subcontracted third parties.
Name of Grantee:
Name of Subcontracted Third
Party Address Email / Phone Meets All
Requirements
Petaluma People Services
Center
1500 Petaluma Blvd South,
Petaluma, CA 94952
Megan@petalumapeople
.org
(707) 765-8488
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Page 2 of 2
ATTACHMENT C
Criteria for Non-Governmental Organizations Receiving
Byrne SCIP Funds as a Subcontractor
See page 2 for signature block.
Page 3 of 2
ATTACHMENT C
Criteria for Non-Governmental Organizations Receiving
Byrne SCIP Funds as a Subcontractor
Grantees are required to update this list and submit it to BSCC any time a new third-party
subcontract is executed after the initial assurance date. Grantees shall retain (on-site)
applicable source documentation for each contracted party that verifies compliance with the
requirements listed in the Byrne SCIP RFP. These records will be subject to the records and
retention language found in Appendices A and C of the Standard Agreement.
The BSCC will not reimburse for costs incurred by any third party that does not meet the
requirements listed above and for which the BSCC does not have a signed grantee assurance
on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
Cristine Alilovich City Manager (415) 485-3384 Cristine.alilovich@c
ityofsanrafael.org
STREET ADDRESS CITY STATE ZIP CODE
1375 Fifth Avenue San Rafael CA 94901
APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE
x
Required Attachment: Applicants will be prompted to upload this document from the Byrne SCIP webpage
to the Submittable Application portal.
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or
other improper use. As such, the Board will not enter into contracts or provide reimbursement to
applicants that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for
a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no
applicable debarment, disqualification, suspension, or removal from a federal, state or local grant
program on the part of the grantee at the time of application and that the grantee will immediately notify
the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or
subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to
the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been
debarred or convicted, the grant recipient must submit a written request for exception to the BSCC
along with supporting documentation.
By checking the following boxes and signing below, applicant affirms that:
[ ] I/We are not currently debarred by any federal, state, or local entity from applying for or
receiving federal, state, or local grant funds.
[ ] I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal,
state, or local grant funds within the last three years. We will notify the BSCC should such
debarment or conviction occur during the term of the Grant contract.
[ ] I/We will hold subgrantees and subcontractors to these same requirements.
A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the
debarment policy. Any determination made by the Executive Director shall be made in writing.
AUTHORIZED SIGNATURE
This document must be signed by the person who is authorized to sign the Grant Agreement.
NAME OF AUTHORIZED OFFICER
Cristine Alilovich
TITLE
City Manager
TELEPHONE
415-485-3384
EMAIL ADDRESS
Cristine.Alilovich@cityofsanrafael.org
STREET ADDRESS
1400 Fifth Avenue
CITY
San Rafael
STATE
CA
ZIP CODE
94901
APPLICANT’S SIGNATURE (e-signature acceptable)
X
DATE
Attachment D: Certification of Compliance with BSCC Policies Regarding Debarment,
Fraud, Theft and Embezzlement