HomeMy WebLinkAboutIowaGrants - Edward Byrne-JAG TF20 0 8/19/2019IowaGrants
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'III IMP IF 1111111111111111111
Grant Details
Grant/Project: 17-JAG-302508 - Tri-County Drug Task Force - 2020
Status:
Program Area:
Grantee Organization:
Program Officer:
Awarded Amount:
Personnel
Underway
Byrne -Justice Assistance Grant Program (JAG)
Waterloo Police Department
Dennis Wiggins
$195,640.00
PositionlTitle & Employing Agency
Waterloo Police Lieutenant Jason
Feaker
Waterloo Police Investigator Zubak
Waterloo Police Investigator DelValle
Cedar Falls Police Investigator
Marcotte
Black Hawk County Investigator Isley
Black Hawk County Attorney
Westendorf
Fringe Benefits
Match Federal Total Fed & Percentage Priority
Share Share Match
$13,060.00 $39,179.00 $52,239.00 0.25 1
$10,656,00 $31,968.00 $42,624.00 0.25 2
$10,170.00 $30,510.00 $40,680.00 0.25 3
$8,928.00 $26,785.00 $35,713.00 0.25 4
$8,852.00 $26,556.00 $35,408.00 0.25 5
$13,547.00 $40,642.00 $54,189.00 0.25 6
$65,213.00 $195,640.00 $260,853.00
Position/Title & Employing Agency Match Share Federal Share Total Federal & Match Percentage Priority
$0.00 $0.00
Overtime
$0.00
Position/Title & Employing Agency Match Share Federal Share Total Federal & Match Percentage Priority
$0.00 $0.00
Equipment
$0.00
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Item Match Share Federal Share Total Federal & Match Percentage Priority
$0.00 $0.00 $0.00
Training
Training Match Share Federal Share Total Federal & Match Percentage Priority
$0.00 $0.00 $0.00
Operating Expenses
Expense
Match Share
$0.00
Consultant Fees
Federal Share
$0.00
Total Federal & Match
$0.00
Percentage Priority
Name of Consultant Service Provided Match Share Federal Share Total Federal & Match Percentage Priority
$0.00 $0.00 $0.140
Consultant Expenses
Item Location
Contracts
Match Share
$0.00
Federal Share
$0.00
Total Federal & Match Percentage Priority
$0.00
Item Match Share Federal Share Total Federal & Match Percentage Priority
$0.00 $0.00 $0.00
Travel
Purpose of Travel Location Item Match Share Federal Share Total Federal & Match Percentage Priority
$0.00 $0.00 $0.00
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Total Budget
Total Awarded Amount: $195,640.00
Total Match Amount: $65,213.00
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Grant/Project Tracking
Grant/Project: 17-JAG-302508 - Tri-County Drug Task Force - 2020
Status:
Underway
program Area: Byrne -Justice Assistance Grant Program (JAG)
Grantee Organization: Waterloo Police Department
Program Officer: Dennis Wiggins
Awarded Amount: $195,640.00
Instructions
Purpose The Budget Detail Worksheet shall be used to prepare your budget and budget narrative,
Any category of expense not applicable to your budget should be fett blank All costs must adhere to your agency's approved policies and pmceedures
Prioritize items within each tine item with #1 being the top priority.
Personnel
Position/Title & Employing Agency
Waterloo Police Lieutenant Jason Feaker
Waterloo Police Investigator Zubak
Waterloo Police Investigator DelValle
Cedar Falls Police Investigator Marcotte
Black Hawk County Investigator Is€ey
Black Hawk County Attorney Westendort
L
Match Share
$13,060.00
$10,656.00
$10,170.00
$8,928.00
$8,852.00
$13.547 00
$65,213.04
Federal Share
339,179.00
$31,968.00
$30, 510.00
$26, 785.00
$26, 556.00
$40,642.00
$195,640.00
Total Fed & Match
$52,239 00
$42,624.00
$40,680.00
$35, 713, 00
$35,408.00
$54,189.00
$260,653.06
Return to Components
Percentage Priority
0.25 1
0.25 2
0.25 3
0.25 4
0.25 5
0.25 6
Fringe Benefits
Position/Title & Employing Agency
Match Share Federal Share Total Federal & Match Percentage Priority
$0.00 $0.40 $0.00
Overtime
Position/Title & Employing Agency
Match Share Federal Share Total Federal & Match Percentage Priority
Mori $o.00 moo
Equipment
Item
Match Share
$0.00
Federal Share
$0.00
Total Federal & Match
$0.00
Percentage
Priority
Training
Training
Match Share
$0.00
Federal Share
$0.00
Total Federal & Match
$0.00
Percentage
Priority
Operating Expenses
Expense Match Share
$4.00
Federal Share
$0.00
Total Federal & Match
$0.00
Percentage
Priority
Consultant Fees
Name of Consultant
Service Provided
Match Share
Moo
Federal Share Total Federal & Match Percentage Priority
Woo $0.00
Consultant Expenses
Item Location Match Share
$0.00
Federal Share
$0.00
Total Federal & Match
$0.00
Percentage
Priority
Contracts
Item Match Share
Federal Share
Total Federal & Match
Percentage
Priority
https://www.iowagrants.gov/viewComponent.do?property(documentPk)=1559252871981 &... 6/3/2019
IOWA BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
Governor's Office of Drug Control Policy
Pape State Office Bldg„ 5th Floor
215 E. 7th Street, Des Monies, Iowa 50319 (515) 125-0300
JAG CFDA #16.738
Grantee:
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703-5714
Grant #17-JAG- 392508
Grant Period: July I, 2019 - June 30, 2020
Federal: $195,640
Match: $65,213
Total: . $260,853
ODCP Contact;
Dennis Wiggins 515/725-0311
Legal Applicant:
Quentin Hart
Program Director:
Daniel Trelka
E-mail: trelkad@waterloopolice:eom
This grant Is subJect to the terms and conditions incorporated either directly or indirectly by reference in the grant program legislation, the grant program
request forproposal, and the stipulations, noted under ."Special Conditions." Except for any waiver granted explicitly elsewhere in this grant,
this award does not constitute approval of waiver from any Federal or state statutory/regulatory requireinentsfor a United States Department of Justice'
grant The grantee agrees to perform all services and furnish` all supplies set forth in the application of this grant award for the consideration stated
herein. This grant consists of the application for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting.
forms, and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract,
and agree to abide by the terms set forth within.
SPECIAL CONDITIONS
Law enforcement personnel funded in whole orin part with these grant funds will complete Department of Justice required online
(internetbased) task force training. All task force members are required to complete this training once during the life of this award,
or once every four years. The training is provided free of charge online through BJA's Center for Task Force Integrity and
Leadership (www.ctfli.org). Officers should use the preauthorizat'ron code f X6S4 when completing the course,.
Project activity funded through this award will comply with all state and federal laws and guidelines. Projects are referred to PATC
with questions regarding the appropriate expenditures of state forfeitures.
In witness wherefore, the parties hereto have executed this grant the day and year-specif below.
SIGNATURES/DATES
6 7 .c/-I w
A -ojq
Legal Applicant/Date / am or/Date ODCP Administrator/Date
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
FY 2017 Edward Byrne Memorial Justice Assistance Grant Program
Certification of Compliance with 8 U.S.C. § 1373 by Prospective Subrecipient:
Recipient State subaward to a Local Government
On behalf of the local government named below as the "prospective subrecipient," and in support of its request to the "Recipient State"
identified below for a subaward from the grant awarded by the U.S. Department of Justice ("USDOJ") under the FY 2017 Edward Byrne
Memorial Justice Assistance Grant Program ("the FY 2017 JAG Program"), I certify to the Recipient State, and also certify to USDOJ,
that all of the following are true and correct:
(1) I am the chief legal officer of the local government named below as the prospective subrecipient, and I have the authority to
make this certification on its behalf. I understand that this certification will be relied upon as a material representation in any
decision to make a subaward to the prospective subrecipient under the FY 2017 JAG Program.
(2) I have carefully reviewed 8 U.S.C. § 1373(a) and (b), including the prohibitions on certain actions by State and local
government entities, -agencies, and -officials regarding information on citizenship and immigration status. I also have reviewed
the provisions set out at (or referenced in) 8 U.S.C. § 1551 note ("Abolition ... and Transfer of Functions"), pursuant to which
references to the "Immigration and Naturalization Service" in 8 U.S.C. § 1373 are to be read, as a legal matter, as references to
particular components of the U.S. Department of Homeland Security.
(3) I (and also the prospective subrecipient) understand that if the prospective subrecipient receives a subaward under the
FY 2017 JAG Program —
(a) the subrecipient (and agencies or other entities thereof) must comply with 8 U.S.C. § 1373, throughout the period of
performance for the subaward, with respect to any "program or activity" funded in whole or in part with the subaward; and
(b) the subrecipient may not make a lower -tier subaward to a State or local government, or to a "public" institution of higher
education, unless the subrecipient first obtains a certification of compliance with 8 U.S.C. § 1373 (on a form provided by
USDOJ), properly executed by the chief legal officer of the jurisdiction or educational institution that would receive it.
(4) I (and also the prospective subrecipient) understand that, for purposes of this certification, "program or activity" means what it
means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d-4a), and that terms used in this certification that are
defined in 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term "State" also shall include
American Samoa (cf. 34 U.S.C. § 10251(a)(2)). Also, I understand that neither a "public" institution of higher education (i.e., one
that is owned, controlled, or directly funded by a State or local government) nor an Indian tribe is considered a "local government"
(or an agency or other entity thereof) for purposes of this certification.
(5) I have conducted (or caused to be conducted for me) a diligent inquiry and review concerning the following (which
shall not be understood to include any "program or activity" of any planned subrecipient of a lower -tier subaward):
(a) the "program or activity" to be funded (in whole or in part) with the requested subaward; and
(b) any prohibitions or restrictions potentially applicable to the "program or activity" to be funded with that subaward
(if received) that deal with sending to, requesting or receiving from, maintaining, or exchanging information of the
types described in 8 U.S.C. § 1373(a) or (b), whether imposed by a State or local government entity, -agency,
or -official.
(6) As of the date of this certification, neither the prospective subrecipient nor any entity, agency, or official of the
prospective subrecipient has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any
restriction that would apply to the "program or activity" to be funded in whole or in part with the requested subaward
(which, for the specific purpose of this paragraph 6, shall not be understood to include any such "program or activity" of
any planned subrecipient of a lower -tier subaward), and that deals with either— (1) a government entity or -official
sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. § 1373(a); or (2) a
government entity or -agency sending to, requesting or receiving from, maintaining, or exchanging information of the
types (and with respect to the entities) described in 8 U.S.C. § 1373(b).
City of Waterloo State of Iowa
Local government that is the "prospective subrecipient" of a
subaward of funds from the 2017 JAG Program
Signature of chief legal officer of the prospective subrecipient
City Attorney
Title of chief legal officer of the prospective subrecipient
Recipient State from which the prospective subrecipient
seeks a subaward under the FY 2017 JAG Program
Printed name of chief legal officer of the prospective subrecipient
( o /7
Date of certifi ation
Rev. November 28, 2018
Iowa Governor's Office of Drug Control Policy
STANDARD GRANT CONDITIONS CERTIFICATION
Legal Applicant & Program/Project Director
City of Waterloo
On behalf of, (agency) Tri-County Drug Task Force I have read, understand, and agree to abide by the
Standard Grant Conditions for the Iowa/Govemor's Office of Drug Control Policy Grant Program.
Quentin Hart, Mayor
(Legal Applicant — Print or Type) (Signature Legal Applicant)
Dan Trelka, Chief of Police
(Program/Project Director — Print or Type)
(Sirogram/Project Director) (Date)
Iowa Governor's Office of Drug Control Policy
STANDARD GRANT CONDITIONS CERTIFICATION
Contract Services (If Applicable)
(contracting agency) has entered into an agreement with
(Legal Applicant) to provide services through a grant provided by
the Office of Drug Control Policy. The applicant agency has provided a copy of the standard grant
conditions. I have read, understand, and agree to abide by the Standard Grant Conditions for the
Iowa/Govemor's Office of Drug Control Policy Grant Program.
(Signature Contracting Agency)
(Date)
26
Iowa Governor's Office of Drug Control Policy
CERTIFIED ASSURANCES
NON -SUPPLANTING
The grantee assures that Federal funds made available under this formula grant will not be used to supplant State
or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds,
be made available for project activities.
MATCHING FUNDS
The grantee assures that matching funds required to pay the non -Federal portion of the cost of each program and
project, for which grant funds are made available, shall be in addition to funds that would otherwise be made
available for criminal justice activities by the recipients of grant funds and shall be provided on a project -by -
project basis.
RECORD KEEPING
The grantee assures that fund accounting, auditing, monitoring, evaluation procedures, and such records as the
Governor's Office of Drug Control Policy shall require, shall be provided to assure fiscal control, proper
management, and efficient disbursement of funds received.
REPORTING
The grantee assures that it shall maintain such data and information and submit such reports in such form, at
such times, and containing such data and information as the Governor's Office of Drug Control Policy may
reasonably require to administer the program.
FINANCIAL AND ADMINISTRATIVE GUIDE
The grantee assures that it will comply with the provisions of the Office of Justice Programs' "Financial and
Administrative Guide for Grants. http://ojp.gov/financialguide/DOJ/index.htm
COMPLIANCE WITH FEDERAL PROCEDURES
The grantee assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative
agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18,
Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of
Identifiable Research and Statistical Information Systems; Part 23, Criminal Intelligence Systems Operating
Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42,
Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland
Protection Procedures.
DUNS/SAM Registration:
The grantee assures that it will register and provide the Governor's Office of Drug Control Policy a Data
Universal Number System (DUNS) number. The recipient shall maintain a current registration with the System
for Award Management (SAM) for the duration of the grant project period.
Recipient Integrity and Performance
The grantee assures that it will comply with any and all applicable requirements regarding reporting of
Iowa Governor's Office of Drug Control Policy
information on civil, criminal, and administrative proceedings connected with (or connected to the performance
of) this award. Under certain circumstances, recipients of federal grant funds 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 http://ojp.gov/funding/FAPIIS.htm (Award
condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are
incorporated by reference here.
CERTIFICATION
I certify that the program in this application meets all the requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended; that all the information presented is correct; and the application will comply
with the provisions of the Act and all other Federal laws, regulations, and guidelines. By appropriate language
incorporated in each subcontract or other document under which funds are to be disbursed, the undersigned
shall assure the applicable conditions above apply to all recipients of assistance.
oin9, igICPLAC.
Signature - Project Director Signature - Legal Applicant
6-LP?-0\!
Date
2
Date
Iowa Governor's Office of Drug Control Policy
CIVIL RIGHTS REQUIREMENTS INFORMATION
1. Civil Rights Contact Person: Abraham Funches
2. Title/Address:
Executive Director
630 Mulberry Street
Waterloo, IA 50703
3. Telephone Number:
319-291-4441
4. Number of persons employed by the agency responsible for administering this grant:
123 Sworn Officers, 9 Civilian employees, Total 132
Iowa Governor's Office of Drug Control Policy
US DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS
(Sub -Recipient)
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 67, Section 67.510, participants' responsibilities. The regulations were published as
Part VIII of the May 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON FOLLOWING PAGE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in the
certification, such prospective participant shall attach an explanation to this proposal.
Quentin Hart
Name and Title of Authorized Representative
!la 1 o nbA, (_47f`r b 2 -
Signature Date
City?of Waterloo, Iowa Waterloo Police Department Tri-County Drug Task Forc
Name of Organization
715 Mulberry Street Waterloo, IA 50703
Address of Organization
4
Iowa Governor's Office of Drug Control Policy
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED
TRANSACTIONS
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"
"person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by
the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility
of its principals. Each participant may check the Non -procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
5
Iowa Governor's Office of Drug Control Policy
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
Grantees Other Than Individuals
This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988, 28 CFR Part 67, Subpart F.
The regulations, published in the May 25, 1990 Federal Register require certification by grantees, prior to award, that they will
maintain a drug -free workplace. The certification set out below is a material representation of fact upon which reliance will be
placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for
suspension of payments, suspension or termination of grants, or government wide suspension or debarment (see 28 CFR Part 67,
Sections 67,615 and 67,620).
The grantee certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees
for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about --
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the
employee will --
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction.
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction;
(I) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted --
(1) Taking appropriate personnel action against such an employee, up to and including termination;,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b),
(c), (d), (e) and (f).
Place(s) of Performance: The grantees shall insert in the space provided below the site(s) for the performance of work done
in connection with the specific grant (street address, City, County, State, zip code):
City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703
City of Waterloo
Organization Name
Quentin Hart, Mayor
Name and Title of Authorized Representative
-kg
Signature Date
6
Iowa Governor's Office of Drug Control Policy
CERTIFICATION REGARDING LOBBYING
Each person shall file the most current edition of this certification and disclosure form, if applicable, with each
submission that initiates agency consideration of such person for an award of a Federal contract, grant, or
cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
(2) If any non -Federal funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall initial here Qt4-• and complete and submit Standard Form #
LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Forms are available from the
Governor's Office of Drug Control Policy.)
(3) The undersigned shall require that the language of this certification be included in the award documents
for all sub -awards at all tiers and that all sub -recipients shall certify and disclose accordingly.
City of Waterloo
715 Mulberry Street
Waterloo. IA 50703
Quentin Hart` Mayor
Name and Address of Organization Name of Authorized Individual
7
-
Signature and Date
Iowa Governor's Office of Drug Control Policy
Equal Employment Opportunity Plan Certification Form Instructions
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended,
require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's administrative provisions
to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice Programs (OJP) for review, and
itplement an Equal Employment Opportunity Plan (EEOP). See 28 C.F.R. pt. 42, subpt. E. All awards from the Office of
Community Oriented Policing Services (COPS) are subject to the ESOP requirements; many awards from OJP, including awards
from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and Delinquency Prevention (OJJDP), and the Office for
Victims of Crime (OVC) are subject to the EEOP requirements; and many awards from the Office on Violence Against Women
(OVW) are also subject to the EEOP requirements. If you have any questions as to whether your award from the U.S. Department of
Justice is subject to the Safe Streets Act's EEOP requirements, please consult your grant award document, your program manager, or
the OCR.
Recipients should complete either Section A or Section B or Section C, not all three. If recipient completes Section A or C and sub -
grants a single award over $500,000, in addition, please complete Section D.
Section A The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational institution, a
medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty employees. To claim the
complete exemption from the EEOP requirements, complete Section A.
Section B Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (I) are a unit of state or local
government, an agency of state or local government, or a private business; and (2) have fifty or more employees; and (3) have
received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption from the submission
requirement by completing Section B. In completing Section B, the recipient should note that the EEOP on file has been prepared
within twenty-four months of the date of the most recent grant award.
Section C Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business,
and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare, maintain on
file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP Utilization Report (or in the
process of submitting one) to the OCR, should complete Section C.
Section D Recipients that (1) receive a single award over $500,000; and (2) subaward a single award of $500,000 or more must
provide a list; including, name, address and DUNS # of each such sub -recipient by completing Section D.
Submission Process
Recipients should download the online Certification Form, complete required sections, have the appropriate official sign it,
electronically scan the signed document, and then send the signed document to the following e-mail address:
EEOPForms@usdoj.gov. The document must have the following title: EEOP Certification. If you have questions about completing
or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs, 810 7th Street, NW,
Washington, DC 2053 ( (Telephone: (202) 307-0690 and TTY: (202) 307-2027).
OMB Approval No. 1121-0340 Expiration Date: 12/31/15 Public Reporting Burden Statement Paperwork Reduction Act Notice.
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current
valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose
the least possible burden on you to provide us with information. The estimated minimum average time to complete and file this
application is 20 minutes per form. If you have any comments regarding the accuracy of this estimate, or suggestions for making this
form simpler, you can write to the Office of Justice Programs, 810 7th Street, N.W., Washington, D.C. 20531.
8
Iowa Governor's Office of Drug Control Policy
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. If recipient
completes Section A or C and sub -grants a single award over $500,000, in addition, please complete Section D.
Recipient's Name:
Address:
Is agency a; o Direct or o Sub recipient of OJP, OVW or COPS funding? Law Enforcement Agency? o Yes o No
DUNS Number:
Name and Title of Contact Person:
Vendor Number (only if direct recipient)
Telephone Number:
E-Mail Address:
prepare an EEOP fortlbe reasons) checked above put
[recipient]
m ethplo`yment and rn the deliveryof services
If recipient sub-grarsts a single award over $S00 000,
.Print or.Type Namea`n'd Title
❑ Medical Iosfdutton
❑ Receiving a single ftw rd(s) less lhau9
in addition,please complete Section D
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on
File for Review
If a recipient agency has fifty or more employees and is receiving a single award or, subaward, of $25,000 or more, but less than
$500,000, then the recipient agency does not have to submit an ESOP to the OCR for review as long as it certifies the following (42
C.F.R. § 42.305):
I, Quentin Hart, Mayor [responsible official], certify that
City of Waterloo [recipient], which has fifty or
more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP
in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has
formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public,
employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of
Justice. The EEOP is on file at the following office:
City of Waterloo
[organizationl,
77 5 Mulberry Street, Waterloo, IA 50703
[address].
Quentin Hart, Mayor
Print or Type Name and Title
'Section C-Declaration Stating -that an EEOP Short`Forni Has Been Submitted to the Office forCivil�Rights for -Review
If`a recipient agency has fJty ar more employees and s receiv ng a single award, or subaward, of $500, o00 or more, then the recipient agency
:, mast send-ari EEOP Short Form to the OCR for'review.
jtesponsible official];=rertify.tlfat
[recipient], which has fifty or more
employees, and is receiving a single award of $500 000 or more has formulated an EEOP in accordance with 28 CFR pt 42 subpt. ",
E, and senfit for review on , . - [date] to the Office for`Civil Rights, Office of Jusnce Programs,
=fV S Depatr ment of dtshce _ -- - - -
or Type Nameaitd Title
9
Iowa Governor's Office of Drug Control Policy
D—Declaration Stating that Recipient Subawards a Single Award Over $500,000
If a recipient agency, subawards a single award of $500,000 or more then the granting agency should provide a list; including, name, address and
DUNS # of each such sub -recipient.
Sub -Recipient Agency Name/Address.
Sub -Recipient DUNS Number
If additional space in necessary, please duplicate this page.
10
Revised 06/17/2019
STATE OF IOWA
KIM REYNOLDS
GOVERNOR
ADAM GREGG
LT. GOVERNOR
MEMO
June 29, 2019
To: ODCP Grant Award Recipients
From: Dennis Wiggins
Re: Byrne JAG Grant Contract & Conditions
OFFICE OF DRUG CONTROL POLICY
DALE R. WOOLERY, DIRECTOR
Congratulations on your SFY 2020 Byrne Justice Assistance Grant award from the Governor's Office of
Drug Control Policy (ODCP). Important information to help you get started with the grant follows.
The enclosed grant contract packet includes the following materials for your careful review, authorized
signatures, and timely return to ODCP:
• JAG Contract Page & Special Conditions
• JAG Standard Grant Conditions
• Certified Assurances
JAG Special Grant Conditions appearing on the front page of your Contract must be fulfilled. In some
cases, the Conditions may need to be fulfilled prior to reimbursement of federal funds.
JAG Standard Grant Conditions are the rules of the program, and as a JAG grant recipient you must agree
to comply with them.
Certified Assurances include compliance conditions mandated by the Omnibus Crime Control and Safe
Streets Act of 1968 and other related legislation.
Note: ODCP grant recipients must agree to comply with all applicable federal, state and local laws, rules
and regulations. As with other provisions subject to change, additional guidance regarding "sanctuary
jurisdictions" may be forthcoming from the U.S. Department of Justice and/or State of Iowa.
Please have the grant Contract page, the Certified Assurances, the JAG Standard Conditions certification
forms signed by the person(s) authorized to do so, and return the ORIGINALS to our office. If your
budget includes contract services, the contracting agency must also sign the JAG Standard certification
and the Certified Assurances certification forms.
Completed contracts and certifications must be received by ODCP
on or before August 15, 2019.
To review your approved grant budget and access required reporting forms, sign into Iowa's electronic
grants management system at www.IowaGrants.gov and click on the "My Grants" icon.
Assistance using the electronic grant management system is available by contacting me at (515) 725-0311
or dennis.wingins(reiowa.gov.
Congratulations again on your grant award. Thank you for your interest in a grant from ODCP. Please
feel free to call our office if you have questions.
PAPE STATE OFFICE BUILDING, 5-n FLOOR, 215 E. 7TH STREET
DES MOINEs, IOWA 50319 515-725-0300
IOWA GOVERNOR'S OFFICE OF DRUG CONTROL POLICY
STANDARD GRANT CONDITIONS
Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential
Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug
Court; Post -conviction Testing of DNA Evidence to Exonerate the
Innocent; Project Safe Neighborhoods; John R. Justice; Drug Free
Communities; Anti -Heroin Task Force; Comprehensive Opioid Abuse
Program; Paul Coverdell Forensic Science; and any other Grant
administered by the Governor's Office of Drug Control Policy involving
federal or state funding.
1. General.
These standard grant conditions, unless otherwise stated herein, apply to the following
grant programs administered in Iowa by the Governor's Office of Drug Control Policy
(ODCP): Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential
Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug Court; Post -
conviction Testing of DNA Evidence to Exonerate the Innocent; Project Safe Neighborhoods;
John R. Justice; Drug Free Communities; Anti -Heroin Task Force; Comprehensive Opioid
Abuse Program; Paul Coverdell Forensic Science; and any other Grant administered by the
ODCP involving Federal or State funding.
The Grantee shall provide the necessary facilities, materials, services, and qualified
personnel to perform and/or provide all the services set forth in the approved application
and the letter of notification for the grant amount. The grant budget will be a basis for the
Grantee's expenditure of the grant amount. Acceptance of the terms and conditions of the
grant is indicated by the applicants' signatures on the grant contract, attached certification,
and by requesting and expending grant funds.
The Grantee shall abide by all applicable Federal, State, and local laws, rules and
regulations. The Grantee shall comply with all applicable U.S. Department of Justice Grant
Award Special Conditions which govern subrecipients/subgrantees. The Certified
Assurances and forms signed and or submitted via www.iowagrants.gov by the Grantee in
making application for grant funds are incorporated herein.
2. Definitions.
a. "Deliverable" means any good, product, service, work, work product, item, material
or property created, developed, produced, delivered, performed or provided by or on
behalf of Grantee in connection with this contract.
b. "JAG" means the Federal Byrne —Justice Assistance Grant program, for which the
ODCP is the State Administering Agency in Iowa.
c. "Grantee" or "Legal Applicant" or "Recipient" means the governmental agency
contracting with the Governor's Office of Drug Control Policy
d. "ODCP" means Governor's Office of Drug Control Policy.
1
e. "Program/Project Director" means the person who has been delegated authority to
administer the project described in the application.
f. "Special Conditions" means those conditions applying uniquely to this grant
contract as identified on the grant contract page.
g. "Standard Grant Conditions" means those conditions applying to all ODCP grant
contracts.
h. "State" means the State of Iowa.
3. Accountability for All Grantees.
The Grantee shall promote effectiveness, efficiency, and accountability. The Grantee must
serve the public in an ethical and transparent manner, including operating professionally,
truthfully, fairly, and with integrity and accountability to uphold public trust.
The ODCP reserves the right to verify the contents of the Grantee's application and any
assertions, reporting, attestations, and submissions to the ODCP or any other
governmental agency throughout the term of the grant. If the ODCP determines the
Grantee has provided false, misleading, or inaccurate information to the ODCP or another
governmental agency, grant funds may be withheld, suspended or terminated.
4. Additional Guidance for Nonprofit Organizations.
A nonprofit organization awarded a subcontract pursuant to section 9 must be aware of
and comply with applicable law and regulations. The Iowa Nonprofit Principles and
Practices for Charitable Nonprofit Excellence Revised 2016 shall be used as a means of
educating nonprofit organizations about the laws and regulations with which they must
comply and to provide guidance about good operational practices and ethical conduct. This
publication may be accessed at https://inrc.law.uiowa.edulsites/inrc.law.uiowa.edulfileslpp-
2016ed-web.pdf
The purpose of the Iowa Principles and Practices for Charitable Nonprofit Excellence is to
promote good management practices, ethical conduct, and public accountability for Iowa
charitable nonprofit organizations as they perform their crucial community services. The
Principles and Practices are not regulatory. While many of the Principles and Practices
will be helpful to all nonprofits, they are specifically written for 501(c)(3) organizations.
The Iowa Principles and Practices for Charitable Nonprofit Excellence are intended to be
primarily an educational process designed to improve efficiency and accountability. It is
recognized that implementation will take different forms and occur at different levels,
given the resources of the nonprofits.
5. Accounts and Records.
a. The Grantee shall comply with pertinent state and Federal laws, and the provisions
of the Office of Justice Program's (OJP) Financial Guide:
https://oip.gov/financialguide/doi/pdfs/DOJ FinancialGuide.ndf
b. The Grantee shall maintain accurate, current, and complete records of the financial
activity of this contract, including records which adequately identify the source and
application of funds. The Grantee shall maintain separate records for each Federal
grant or program. Cash or matching contributions made by the Grantee shall be
2
verifiable from the Grantee's records. These records shall contain information
pertaining to contract amount, authorizations, obligations, unobligated balances,
assets, liabilities, expenditures, and program income.
c. The Grantee shall maintain effective control and accountability for all assets,
including current and accurate equipment inventory records. The Grantee shall
adequately safeguard all such assets and property and assure that it is used solely
for authorized purposes. Accounting records shall be supported by source
documentation such as canceled checks, paid bills, receipts, payrolls, contract award
documents, etc.
d. The Grantee, in making project expenditure accounts, records and reports, shall
make any necessary adjustments to reflect refunds, credits, underpayments or
overpayments, as well as any adjustments resulting from administrative or
compliance reviews and audits. Such adjustments shall be set forth in the financial
reports filed with the ODCP.
e. The Grantee shall maintain a sufficient recordkeeping system to provide statistical
data for the purpose of planning, monitoring, and evaluating their program.
f. The Grantee shall retain all pertinent records and books of accounts related to this
contract for a period of three (3) years following the closure of the Grantee's most
recent audit report. In the event of litigation, negotiation or audit findings, the
records shall be retained until all issues arising from such actions have been resolved
or until the end of the regular three-year period, whichever is later.
6. Cash/In-Kind Match (If required and included in the approved budget).
Grant application materials will specify the level and conditions of match required for each
grant program. If cash or in -kind match is required, the match will be identified in the
grant contract signed by the grantee as well as in the approved budget. If "cash" match is
included in the approved budget, the Grantee must be able to demonstrate that the match
is from a new appropriation, or from existing resources which were not intended for the
stated program purpose
The Grantee shall maintain records clearly showing the source, the amount, and the timing
of all match contributions. The following may be used as cash match:
a. Local and State appropriations;
b. Funds contributed from private sources;
c. Federal funds from the following sources:
1.) Housing and Community Development Act of 1974;
2.) Appalachian Regional Development Act;
3.) General Revenue Sharing;
d. Existing resources (as long as the existing funds were used in areas other than the
stated program purpose);
e. Salaries of existing personnel who are transferred to grant activities (if the original
positions are filled with new personnel;
f. Asset forfeiture funds resulting from State or Federal court action per applicable
state and Federal guidelines;
g. Program income and the related interest earned on that program income generated
from projects may be used as match provided it is identified and approved prior to
making an award;
3
h. Funds appropriated by Congress for the activities of any agency of a Tribal
government or the Bureau of Indian Affairs performing law enforcement functions on
Tribal lands; and
i. Funds otherwise authorized by law.
All funds designated as match are restricted to the same use as grant program funds. The
matching share must be obligated by the end of the period for which Federal funds have
been made available for obligation under an approved program or project. The Grantee
must submit a written plan for expenditure of matching funds if requested by the ODCP.
7. Non -Supplanting Requirement.
Federal funds must be used to supplement existing funds for program activities and not
replace those funds which have been appropriated for the same purpose. Potential
supplanting will be the subject of application review, as well as pre -award review, post -
award monitoring, and audit. If there is a potential presence of supplanting, the grantee
will be required to supply documentation demonstrating that the reduction in non -Federal
resources occurred for reasons other than the receipt or expected receipt of Federal funds.
S. Program Income.
"Program income" means gross income earned by the Grantee during the grant period as a
direct result of the grant award. Direct result is defined as a specific act or set of activities
that are directly attributable to grant funds and which are directly related to the goals and
objectives of the project.
Program income shall be accounted for and used for any purpose that furthers the broad
objectives of the legislation under which the award was made.
Program income earnings and expenditures must be reported with claims for
reimbursement and must be used in accordance with the provisions of 2 CFR Part 200,
Uniform Administrative Requirements.
9. Subcontracting.
None of the activities or funds of this grant shall be subcontracted to another organization
or individual without specific prior approval by the ODCP, with the exception of
subcontracts under $1,000. To obtain ODCP approval, the Grantee shall submit the
proposed contract or written agreement between the parties. The contract or agreement
must contain a list of the activities to be performed by the subcontractor, and the contract
policies and requirements. All grant related certifications and conditions agreed upon by
the applicant agency shall be passed on to subcontracting agencies. Subcontractors shall
complete the Standard Grant Condition Certification.
Open and free competition is required unless specific advanced approval is obtained to use
a noncompetitive approach in contracting for a good or service.
10.Property and Equipment.
a. Iowa Administrative Code, Chapter 110 and Section III, 3.7 of OJP's Financial Guide
prescribe property rules and regulations.
4
b. The Grantee shall develop procedures to assure competitive acquisition of approved
purchases.
c. Definition of Equipment: Any item costing $5,000 or more and having an anticipated
useful life of more than one year. Chairs, tables, files and movable partitions costing
less than $5,000 shall be accounted for in aggregate. All other items of equipment
shall be accounted for individually.
The above definition identifies a minimum list of items, which must be considered as
equipment. The Grantee's accounting system may include other items of equipment
as well.
d. The Grantee shall maintain property records, inventory control, and maintenance
procedures for all non -expendable property purchased all or in part with grant funds.
An inventory report form must be completed and submitted with the last project
report to the ODCP. Procedures for managing equipment (including replacement,
whether acquired in whole or in part with project funds), will, at a minimum, contain
records, which include the following:
1.) Description of the property;
2.) Serial number or other identification number;
3.) Source of the property;
4.) Identification of who holds the title;
5.) Acquisition date;
6.) Cost of the property;
7.) Location of the property; and
8.) Disposition data including the date of disposal and sale price.
e. Title of Property: Notwithstanding any other provision of law, title to all expendable
and nonexpendable property purchased with grant funds made available under the
Grant Program shall vest in the agency that purchased the property, if it certifies to
the ODCP that it will use the property for the purposes outlined in the grant
application. If such certification is not made, title to the property shall vest in the
State of Iowa, which shall seek to have the property used for program related
purposes elsewhere in the state prior to using it or disposing of it in any other manner.
f. Use of Property: The Grantee may use property acquired in whole or in part with
Federal funds for the authorized purpose of the original grant as long as needed
whether or not the program or project continues to be supported by Federal funds.
11. Computer Systems.
No federal funding may be used to maintain or establish a computer network unless such
network blocks the viewing, downloading, and exchanging of pornography. Nothing in this
subsection limits the use of funds necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal investigations, prosecution, or
adjudication activities.
12.Travel.
Travel specifically identified in the grant application and approved budget is approved for
reimbursement by the ODCP. Out of state training and travel not identified and approved
in the application and grant budget requires approval by the ODCP prior to reimbursement.
Requests for out-of-state training and travel must be submitted to the ODCP in writing.
5
The Grantee shall follow its own written policy for allowable travel costs. In the event a
reasonable and prudent policy does not exist, State of Iowa approval rates will apply to
subrecipient travel costs. State rates are available by contacting the ODCP.
13. Payments.
Expenditure reports must be submitted monthly. Expenditure reimbursement shall be
made on program cash expenditures included in the grant budget and upon the receipt and
acceptance by the ODCP of a properly completed and authorized expenditure report and
supporting documentation. Reimbursement must be requested within 23 clays after the end
of the period for which payment is being requested. Payments may be adjusted to correct
disallowance's resulting from audit or contract review. Reimbursement may be withheld if
a grantee is delinquent in program reporting or if the grantee fails to meet any contract
condition.
14. Reporting.
Form to be Used:
a. Claim for Reimbursement - Completed
online at www.iowagrants.gov
b. Quarterly Progress Reports - Completed
online at www.iowagrants.gov
c. Inventory Report Form
Equipment purchased all or in part
with grant funds must be listed
on the inventory report form.
(See property.) Due to the ODCP
30 days after the grant
period.
d. Annual Audit Report
If agencies are exempt from audit
requirements, the Grantee must keep
records that are available for
review or audit by appropriate
officials including the Federal
agency, the State agency, and the
US Government Accountability
Office (GAO).
Due Date:
Due by the 23rd day of each month,
following expenditures.
Due Date:
October 23rd
January 23rd
April 23rd
July 23rd
Due Date
July 31st
Due Date
For July 1st through June 30th
audit is due by March 31st
15.Awards to private agencies - accounting system audit requirement.
These organizations must have financial and compliance audits conducted by qualified
individuals who are organizationally, personally, and externally independent from those
who authorize the expenditure of Federal funds. This audit must be conducted in accordance
6
with the Government Auditing Standards (December 2011 Revision), as found on the GAO
website. The purpose of this audit is to ascertain the effectiveness of the financial
management systems and internal procedures that have been established to meet the terms
and conditions of the award. Audits must be conducted no less frequently than every 2
years. The dollar threshold applies as established for audit reports in OMB Circular A-133,
as amended.
16.Audits:
Subrecipients of Federal funds are required to permit access to their records and financial
statements as necessary to comply with Title 2 CFR Part 200, Subpart F Audit
Requirements and Code of Iowa, Chapter 11, Audit of Counties, Cities and School Districts.
Non -Federal entities that expend $750,000 or more in Federal funds (from all sources
including pass -through subawards) in the State fiscal year (July 1 - June 30) shall have a
single organization -wide audit conducted in accordance with the provisions of Title 2 CFR
Part 200, Subpart F.
Non -Federal entities that expend less than $750,000 in Federal awards in a fiscal year are
exempt from audit requirements for that year. Records must be available for review or audit
by appropriate officials including the Federal agency, pass -through entity, and General
Accounting Office (GAO).
A management letter must be submitted with the audit report. Grantee audit reports must
be submitted no later than nine (9) months after the close of each fiscal year during the term
of the award. Grantees shall comply with any audit resolution activities as directed by the
ODCP.
Audit costs for audits not required or performed in accordance with Title 2 CFR Part 200,
Subpart F are not allowable. If the grantee did not expend $750,000 or more in Federal
funds in its fiscal year, but contracted with a certified public accountant to perform an audit;
these costs may not be charged to the grant.
17. Monitoring/Evaluation.
The ODCP reserves the right to monitor the Grantee's performance through site visits,
reports, or other means deemed necessary by the ODCP. The Grantee agrees that the ODCP
may conduct site visits to review grant compliance, assess management controls, assess the
applicable activities or strategies, and provide technical assistance. In addition, the
Grantee shall provide any data or information required for the purposes of monitoring and
program evaluation. Such evaluation may be conducted by the ODCP or other appropriate
agencies. The Grantee shall ensure the cooperation of the Grantee's employees, agents, and
board members in such efforts.
Following each site visit or review the ODCP may submit a written report to the Grantee,
which will identify the findings. A corrective action plan with a timetable to address any
deficiencies or problems noted in the report may be requested by the ODCP. The corrective
action plan shall be submitted to the ODCP for the approval within the timeline outlined in
7
the written report. The Grantee shall carry out the plan after it is approved by the ODCP.
Failure to do so may result in suspension or termination of funding.
18.Changes in the Program.
a. Changes in Service: Changes in types of services provided by the Grantee as agreed
to in the application and award require prior approval by the ODCP.
Discontinuation or modification of a service without prior approval may result in a
decrease in the grant amount or termination of the grant.
b. Changes in Location: The Grantee shall notify the ODCP of any change in office or
service location (relocation, addition, or deletion) from that shown in the application
within 72 hours of such change.
c. Changes in Program Director or Other Personnel: When there is a change in the
program director or any other personnel supported by the grant from that shown on
the application, the ODCP must be notified. The Grantee is responsible for
replacement, and written notification to the ODCP of each action within 72 hours.
d. Change in Legal Applicant/Grantee: This grant shall not be assigned, transferred, or
conveyed in whole or in part by the Grantee to any third party or parties without
prior written approval from the ODCP. A change in legal applicant is the process
whereby the legal and administrative responsibility for administering the grant is
transferred from one legal entity to another. A change of Grantee must be approved
in advance by the ODCP. The ODCP reserves the right to not contract with a new
Grantee. A written agreement of the original Grantee to relinquish all rights to the
project; and, a written agreement of the new Grantee to accept all the terms and
conditions of the contract must be submitted to and approved by the ODCP prior to
the date of transfer.
e. Change in Budget: Due to the fact that budget line item amounts are only estimates
of budget expenditure, funds may be reallocated among budget line items. Budget
revision requests must be submitted, and approved by, the ODCP prior to the revised
expenditure of funds. The ODCP will not reimburse funds for unapproved
expenditures. Budget revisions may be requested, via iowagrants.gov, by the legal
applicant and/or the legal applicant's authorized designee (e.g. the Program/Project
Director), who must certify that the change in budget does not constitute a change in
the goals and objectives of the program.
19. Copyrights.
The U.S. Department of Justice and the State of Iowa, ODCP reserve a royalty -free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use: a) the copyright in any work developed under a grant, or contract
under a grant or subgrant; and b) any rights of copyright to which Grantee or contractor
purchases ownership with grant support.
20.Federal Funds Acknowledgment.
Program directors are encouraged to make the results and accomplishments of their
activities available to the public. Prior ODCP approval is not needed for publishing the
results of an activity under a grant project; however, an acknowledgment of State/Federal
support must be made. The Grantee shall, when issuing statements, press releases, and
other documents describing the grant project clearly state: a) the percentage of the total
8
cost of the project which was or will be financed with Federal and State funds; and b) the
dollar amount of Federal and State funds for the project.
Any publication (written, visual, or sound), whether published at the Grantee's or
government's expense, shall contain the following statements: (NOTE: This excludes press
releases, newsletters, and issue analyses.)
"This project was supported by Grant No. , awarded by the U. S. Department
of Justice. Points of view 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
or the Governor's Office of Drug Control Policy."
21.Release of Information and Confidentiality of Records.
a. Release of Public Grant Information: The Grantee is required to make available all
records, papers and other documents kept by the Grantee relating to the receipt and
disposition of any funds, if requested by any member of the public. All such records
shall be available except when access to the records is limited by Federal or State
confidentiality regulations. The intended use of such information will not be a
criterion for release.
b. Confidentiality of Records: The Grantee shall maintain the confidentiality of all
confidential records related to this grant in accordance with Federal and State laws.
Privacy rights of parents and students apply to this program. Grantee policies and
procedures shall provide that records of the identity, diagnosis, prognosis, or
treatment of any client which are maintained in connection with the performance of
the grant be kept confidential and be used only for the purposes and under the
circumstances expressly authorized under the Federal confidentiality regulations 42
CFR part 2 "Confidentiality of Alcohol and Drug Abuse Patient Records" and the Code
of Iowa, Chapter 22.7. The Grantee shall comply with all confidentiality requirements
of 42 U.S.C. 3789g and 28 CFR part 22 that are applicable to the collection, use, and
revelation of data or information.
22. Conflict of Interest.
The Grantee shall establish safeguards to prevent employees, consultants, or members of
governing bodies from using their positions for purposes that are, or give the appearance of
being, motivated by the desire for private gain for themselves or others with whom they
have family, business, or other ties.
23.Report Misuses of Funds.
The Grantee must promptly refer to the ODCP any credible evidence that a principal,
employee, agent, contractor, subgrantee, subcontractor, or other person has either 1)
submitted a false claim for grant funds under 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 involving grant funds. This condition also applies to any subcontract
for services.
24.Restrictions and certifications regarding non -disclosure agreements and related
matters.
9
No Grantee or subrecipient under this award, or entity that receives a 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 Grantee --
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 agency making this award, and will resume (or
permit resumption of) such obligations only if expressly authorized to do so by that
agency.
25.Drug Free Workplace.
Each Grantee receiving an award from the Governor's Office of Drug Control Policy shall
certify that it will maintain a drug -free workplace, or in the case of a Grantee, who is an
individual, certify to the agency that his or her conduct of award activity will be drug -free.
If a Grantee makes a false certification, the Grantee is subject to suspension, termination,
and debarment. In order to comply with the Drug Free Workplace Act of 1988, Grantees
are required to report any conviction of their employees under a criminal drug statute for
violations occurring on the Grantee's premises or off the Grantee's premises while
conducting official business. A report of a conviction must be made to the ODCP within ten
(10) days of receiving notices of such conviction.
26.Americans With Disabilities Act.
The Grantee shall comply with Subtitle A, title II of the Americans with Disabilities Act
(ADA), 42 U.S.C. 12131-12134, and Department of Justice implementing regulation, 28 CFR
Part 35.
27.Immigration and Naturalization Service.
The Grantee shall complete and keep on file, as appropriate, Immigration and
Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be
used by recipients of Federal funds to verify that persons are eligible to work in the United
States.
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28.Limited English Proficiency.
"Applicants must certify that Limited English Proficiency persons have meaningful access
to the services under this program(s). National origin discrimination includes
discrimination on the basis of limited English proficiency (LEP). To ensure compliance with
Title VI and the Safe Streets Act, 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."
Assistance for Spanish speaking people may be available through the Iowa Division of
Latino Affairs at http://www.latinoaffairs.iowa.gov or 515-281-4080. Local interpreters and
translators may be available through the Iowa Interpreters and Translators Association at
https:llwww.iitanet.org
29. Nondiscrimination/Equal Employment Opportunity Program.
a. All grant recipients, including contractors, will comply with any applicable Federal
nondiscrimination requirements, which may include the following: Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3789d); Victim of Crime Act (42 U.S.C.
10604(e)); Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C.
5672(b)); Civil Rights Act of 1964 (42 U.S.C. 2000d); Rehabilitation Act of 1973 (29
U.S.C. 794); Americans with Disabilities Act of 1990 (42 U.S.C. 12131-34); Education
Amendments of 1972 (20 U.S.C. 1681, 1683, 1685-86); Age Discrimination Act of 1975
(42 U.S.C. 6101-07); 28 C.F.R. pt. 42 (U.S. Department of Justice Regulations —
Nondiscrimination; Equal Employment Opportunity; Policies and Procedures); Ex.
Order 13279 (equal protection of the laws for faith -based and community
organizations); Violence Against Women Reauthorization Act of 2013; and 28 C.F.R.
pt. 38 (U.S. Department of Justice Regulations — Equal Treatment for Faith -Based
Organizations).
b. In the event a Federal or State court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, or sex against a recipient of funds, the Grantee will forward
a copy of the finding to the Office for Civil Rights, Office of Justice Programs and the
Iowa Governor's Office of Drug Control Policy (ODCP).
c. The Grantee will provide an Equal Employment Opportunity Plan (EEOP) to the U.S.
Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR), if
required to submit one. Otherwise, it will provide a certification to the OCR and the
ODCP that it has a current EEOP on file, if required to maintain one. Grantee
agencies receiving less than $25,000; grantee agencies with less than 50 employees,
regardless of the amount of the award; and non-profit organizations, Indian Tribes,
and medical and education institutions, are exempt from the EEOP requirement, but
the grantee is required to submit a certification form to the OCR to claim the
exemption. A copy of the certification form shall also be submitted to the ODCP.
11
Information about civil rights obligations of grantees can be found at
www.ojp.usdoj.govlocr
d. In accordance with Federal civil rights laws, the Grantee shall not retaliate against
individuals for taking action or participating in action to secure rights protected by
these laws.
All grant recipients, including contractors, will also comply with the Iowa Civil Rights
Act. The Iowa Civil Rights Act, (IAC Ch 216), prohibits discrimination in employment
because of a person's: Race, Creed, Color, Sex, Age, National Origin, Gender Identity,
Sexual Orientation, Disability, or Religion.
e. Grant recipients, if required, must make available, upon request, its Affirmative
Action Program containing goals and time specifications.
f. This contract may be suspended or terminated, in whole or in part, in the event of the
Grant recipient's noncompliance with this section and the recipient may be declared
ineligible for further contracts with the ODCP. Additionally, the ODCP may take
further action by imposing other sanctions or invoking other remedies as provided by
the Iowa Civil Rights Act of 1965 or as otherwise provided by law.
g. The U.S. Department of Justice, Office of Civil Rights issued an advisory document
for grant recipients on the proper use of arrest and conviction records in making
hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.
Department of Justice on the U.S. Equal Employment Opportunity Commission's
Enforcement Guidance: Consideration of Arrest and Conviction Records in
Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013),
available at https:llojp.govlabout/ocrlpdfs[UseofConviction__Advisory.pdf. Recipients
should be mindful that the misuse of arrest or conviction records to screen either
applicants for employment or employees for retention or promotion may have a
disparate impact based on race or national origin, resulting in unlawful employment
discrimination. In light of the Advisory, the Grantee should consult local counsel in
reviewing their employment practices. If warranted, the Grantee should also
incorporate an analysis of the use of arrest and conviction records in their Equal
Employment Opportunity Plans.
30.Findings of Discrimination.
The Grantee assures that in the event a Federal or State court or administrative agency
makes a finding of discrimination after a clue process hearing on the grounds of race, color,
religion, national origin, disability, age, sexual orientation, gender identity, or sex against
a recipient of funds, the Grantee will promptly forward a copy of the finding to the
Governor's Office of Drug Control Policy.
31..Equal Treatment for Faith Based Organizations.
The Grantee shall comply with the applicable requirements of 28 C.F.R. Part 38, governing
"Equal Treatment for Faith Based Organizations". The Equal Treatment Regulation
provides in part that grant awards may not be used to fund any inherently religious
activities, such as worship, religious instruction, or proselytization. Grant recipients may
still engage in inherently religious activities, but such activities must be separate in time
or place from the grant funded program, and participation in such activities by individuals
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receiving services from the grantee or a sub -grantee must be voluntary. The Equal
Treatment Regulation also makes dear that organizations participating in programs funded
through grant funding are not permitted to discriminate in the provision of services on the
basis of a beneficiary's religion. Notwithstanding any other special condition of this award,
faith based organizations may, in some circumstances, consider religion as a basis for
employment. See http:llwww.ojp.gov/aboutlocrlequalfbo.htm.
32.Lobbying Restrictions,
The Grantee agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee of
a member of Congress in connection with this Federal contract or grant, and the
Grantee receives Federal funds exceeding $100,000, the Grantee shall complete and
submit standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions https:Ilwww.gsa.govlforms-libraryldisclosure-lobbying-activities
c. The Grantee shall require that the language of this certification be included in any
subcontracts and that all contractors shall certify and disclose accordingly. Any
person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
33.Sanctuary Jurisdiction.
(Byrne JAG & PSN Grantees Only) Grantee will comply with the provisions of 8 U.S.0
§ 1373 and 1644 which addresses the exchange of information regarding citizenship and
immigration status among Federal, State, and local government entities and officials from
"prohibit[ing] or in any way restrict[ingj" government officials or entities from sending to,
or receiving from, Federal immigration officers information concerning an individual's
citizenship or immigration status. Certain grantees/subgrantees may also be required to
complete a U.S. DOJ certification.
The following provisions apply to the recipient of this award, if the recipient is a unit of local
government, and also apply to any local -government subrecipient of this award at any tier
a. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State
statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to
ensure that agents of the United States acting under color of Federal law in fact are
given access to a local -government (or local -government -contracted) correctional
facility for the purpose of permitting such agents to meet with individuals who are
(or are believed by such agents to be) aliens and to inquire as to such individuals'
right to be or remain in the United States.
13
b. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State
statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to
ensure that, when a local -government (or local -government contracted) correctional
facility receives from DHS a formal written request authorized by the Immigration
and Nationality Act that seeks advance notice of the scheduled release date and time
for a particular alien in such facility, then such facility will honor such request and -
- as early as practicable.
34.Sanctuary Jurisdiction (Iowa Code).
The Grantee shall comply with the provisions of Iowa Code chapter 27A, which applies to
the enforcement of immigration laws. Grantees who are found to be in non-compliance with
Iowa Code 27A are ineligible to receive funds through the ODCP. Rules governing the
determination of non-compliance and the reinstatement of eligibility are provided in Iowa
Administrative code 541 chapter 13.
35.Liability.
a. If any provision contained herein is in conflict with any State or Federal law or shall
be declared to be invalid by any court of record of this State, such invalidity shall
affect only such portions as are declared invalid or in conflict with the law. Any
remaining portion ruled valid by the court shall continue to be in effect.
b. The ODCP reserves all administrative, contractual and legal remedies, which are
available in the event that the Grantee violates or breaches the terms of this contract.
36.Drug Task Force.
Officers funded by the Office of Drug Control Policy who encounter minors who as a direct
or indirect result of the presence and or the use of any illegal drug are at risk of exposure,
abuse, or neglect shall at a minimum report the encounter to the Department of Human
Services. Task forces are strongly encouraged to participate in a Drug Endangered Children
program designed to identify and protect the wellbeing of these youth.
37.Drug Task Force Training.
Each current member of a law enforcement task force funded with these funds who is a task
force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete Department of Justice required online (internet-based) task
force training. All task force members are required to complete this training once during
the life of this award, or once every four years if multiple awards include this requirement.
The training is provided free of charge online through BJA's Center for Task Force Integrity
and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as
other key issues including privacy and civil liberties/rights, task force performance
measurement, personnel selection, and task force oversight and accountability. When
registering for the training, participants should use the preauthorization code QX6S4
38.Use of Force Training Metrics.
(Byrne JAG Grantees Only) Law enforcement agencies receiving director or sub -awarded
JAG funding must submit quarterly accountability metrics data related to training that
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officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and
constructive engagement with the public.
39.NEPA Clandestine Methamphetamine Laboratories.
This condition facilitates compliance with the provision of the National Environmental
Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine
laboratories [hereinafter, "meth lab operations"]. No Federal monies from this award may
be obligated to support meth lab operations unless the grant recipient implements this
condition.
The Office of Justice Programs (OJP), in consultation with the Bureau of Justice
Assistance, the Drug Enforcement Administration, and the Office for Community Oriented
Policing Services, prepared a Program -level Environmental, health and safety impacts
likely to be encountered by law enforcement agencies as they implement specific actions
under their methamphetamine laboratory operations. Consistent with the Assessment,
the following terms and conditions shall apply to the grant recipient for any OJP funded
meth lab operations:
a. The grant recipient shall comply with Federal, State, and local environmental,
health, and safety laws and regulations applicable to meth lab operations, to
include the disposal of the chemicals, equipment, and wastes resulting from those
operations.
b. Grant recipients shall have a Mitigation Plan in place that identifies and
documents the processes and points of accountability within its state. This plan
will be used to ensure the adverse environmental, health, and safety impacts in
the Assessment are mitigated in a manner consistent with the requirements of
this condition.
c. Grant recipients shall monitor grant funded meth lab operations to ensure that
they comply with the following nine mitigation measures identified in the
Assessment and whose implementation is addressed in the grantee's Mitigation
Plan.
Methamphetamine Mitigation Conditions
Where applicable, grant recipients shall:
a. Provide medical screening of personnel assigned or to be assigned by the grantee
to the seizure or closure of clandestine methamphetamine laboratories;
b. Provide Occupational Safety and Health Administration (OSHA) required initial
and refresher training for law enforcement officials and all other personnel
assigned to either the seizure or closure of clandestine methamphetamine
laboratories;
c. As determined by their specified duties, equip the personnel with OSHA required
protective wear and other required safety equipment;
d. Assign properly trained personnel to prepare a comprehensive contamination
report on each seized/closed laboratory;
15
e. Utilize qualified disposal personnel to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s) of
each seized laboratory;
f. Dispose of the chemicals, equipment, and contaminated materials and wastes at
properly licensed disposal facilities or, when allowable, at properly licensed
recycling facilities;
g. Monitor the transport, disposal and recycling components of subparagraphs
number "e" and "f' immediately above in order to ensure proper compliance;
h. Have in place and implement a written agreement with the responsible State
environmental agency. This agreement must provide that the responsible State
environmental agency agrees to: (i) timely evaluate the environmental condition
at and around the site of a closed clandestine laboratory; and (ii) coordinate with
the responsible party, property owner, or others to ensure that any residual
contamination is remediated, if determined necessary by the State environmental
agency and in accordance with existing State and Federal requirements;
i. Have in place and implement a written agreement with the responsible State or
local service agencies to properly respond to any minor, as defined by State law,
at the site. This agreement must ensure immediate response by qualified persons
who can (i) respond to the potential health needs of any minor at the site; (ii) take
that minor into protective custody unless the minor is criminally involved in the
meth lab activities or is subject to arrest for other criminal violations; (iii) ensure
immediate medical testing for methamphetamine toxicity; and (iv) arrange for any
follow-up tests, examinations, or health care made necessary as a result of
methamphetamine toxicity; and
j. Report all clandestine lab responses to the Iowa Division of Narcotics Enforcement
using EPIC report form #143. Assistance in completing this form is available by
calling 515/281-9054.
40.DUNS/SAM Registration.
Grant recipient shall register and provide the Governor's Office of Drug Control Policy a
Data Universal Number System (DUNS) number. The Grantee shall maintain a current
registration with the System for Award Management (SAM) for the duration of the grant
project period.
41.Recipient Integrity and Performance.
The Grantee 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) this award. Under certain circumstances, recipients of federal grant
funds 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 http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient
16
Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are
incorporated by reference here.
42.Disclosure of "High Risk" Designation by Federal Agency.
The Grantee shall disclose to the Office of Drug Control Policy any designation of "high risk"
by any Federal grant -making agency currently or at any time during the course of the period
of performance under the award. For purposes of this disclosure, high risk includes any
status under which a Federal awarding agency provides additional oversight due to the
Grantee's past performance, or other programmatic or financial concerns with the Grantee.
43.Breach of Personally Identifiable Information.
The Grantee (including other participating agency supported by the award) must have
written procedures in place to respond in the event of an actual or imminent "breach" if it
(or participating agency)-- 1) creates, collects, uses, processes, stores, maintains,
disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR
200.79) within the scope of a grant -funded program or activity, or 2) uses or operates a
"Federal information system" (OMB Circular A-130). The Grantee's breach procedures must
include a requirement to report actual or imminent breach of PII to the Office of Drug
Control Policy no later than 24 hours after an occurrence of an actual breach, or the
detection of an imminent breach. The ODCP will in turn report the breach to the
appropriate Federal agency.
44.Withholding of Support, Suspension, and Termination.
a. Withholding of Support: With ten (10) days written notice, the ODCP may
temporarily withhold payment of funds until a corrective action plan has been
submitted by Grantee and approved by the ODCP. Reasons may include, but are not
limited to the following:
1.) Delinquency in submitting required reports;
2.) Failure to provide adequate management of the funds;
3.) Failure to show satisfactory progress in achieving the objectives of the program
or failure to meet the terms and conditions of the contract; and
4.) Failure to regularly coordinate the activities and services with other local
providers funded by the ODCP. Temporary withholding of funds does not
constitute just cause for the Grantee to interrupt services to clients.
b. Suspension: When, as determined by the ODCP, a Grantee has materially failed to
comply with the terms and conditions of the grant, the ODCP may, with ten (10) days
written notice to Grantee, suspend the grant. Only necessary and proper costs that
the ODCP agrees could not have reasonably been avoided during the period of
suspension will be paid by the ODCP. Suspension shall remain in effect until the
Grantee has shown to the satisfaction of the ODCP that corrective action has been or
will be taken, or until the ODCP terminates the grant.
c. Termination:
1. Termination for Cause: The ODCP may terminate a grant in whole or in part
any time before the date of completion if the ODCP determines that the
Grantee has failed in a material way to comply with the terms and conditions
of the grant. To terminate a grant, the ODCP must send written notice to the
Grantee stating the date and reasons for the termination. Payments to the
17
Grantee will be only for services provided or purchases authorized up to the
date of termination. Recovery of funds by the ODCP shall be made in
accordance with the terms and conditions of this grant.
2. Termination on Other Grounds: In addition to termination for cause, the
ODCP grants may be terminated in whole or in part as follows:
a By the ODCP with the consent of the Grantee. Both parties agree on
the termination conditions, including the effective date and, in the case
of partial terminations, the portion to be terminated.
b By the Grantee. Sixty (60) days written notice to the ODCP is required.
Such notice shall set forth the reason for such termination. Termination
of part of the grant is subject to Section 17 entitled "Changes in the
Program."
c By the ODCP due to the lack of adequate funds to support the grant.
Should this contract terminate prior to the expiration date as set forth
in the grant cover page, the Grantee agrees to deliver such information
and items which are due as of the date of termination.
d By the ODCP in whole or in part without the payment of any penalty or
incurring any further obligation to the Grantee whenever the ODCP
determines that such termination is in the best interests of the State.
In this event, the ODCP shall issue a termination notice to the Grantee
at least ten (10) days prior to the effective termination date. Following
termination upon notice, the Grantee shall be entitled to compensation,
upon submission of invoices and proper proof of claim, for services
provided under this contract up to and including the date of termination.
e In addition, the ODCP may terminate this contract effective
immediately without penalty and without advance notice for any of the
following reasons:
i. The Grantee furnished any statement, representation, warranty
or certification in connection with this Contract, the RFP or
other solicitation document that is false, deceptive, or
materially incorrect or incomplete;
ii. The Grantee or any of its officers, directors, employees, agents,
contractors or subcontractors has committed or engaged in fraud,
misappropriation, embezzlement, malfeasance, misfeasance, or
bad faith;
iii. The Grantee terminates or suspends its business;
iv. The Grantee has failed to comply with any applicable
international, Federal, State (including, but not limited to Iowa
Code chapter 8F), or local laws, rules, ordinances, regulations or
orders when performing within the scope of this Contract;
v. The ODCP determines or believes the Grantee has engaged in
conduct that: (a) has or may expose the ODCP or the State to
material liability, or (b) has caused or may cause a person's life,
health or safety to be jeopardized;
18
vi. The Grantee infringes or allegedly infringes or violates any
patent, trademark, copyright, trade dress or any other
intellectual property right or proprietary right, or the Grantee
misappropriates or allegedly misappropriates a trade secret or ;
vii. The Grantee fails to comply with any applicable confidentiality
laws, privacy laws, or any provisions of this Contract pertaining
to confidentiality or privacy.
d In the event of termination, the Grantee shall be reimbursed by the ODCP only for
those allowable costs incurred or encumbered up to and including the termination
date, subject to the continued availability of funds to the ODCP. Upon receipt of
notice of termination the Grantee shall cease work under this contract and take all
necessary or appropriate steps to limit disbursements and minimize costs, and shall
furnish a report within thirty (30) days of the date of notice of termination describing
the status of all work under the contract. The Grantee shall also immediately cease
using and return to the ODCP any personal property, equipment, or materials
provided by the ODCP to the Grantee and shall immediately return to the ODCP any
payments made by the ODCP for services that were not rendered by the Grantee.
e In the event of termination, the Grantee agrees to deliver such information and items
which are due as of the date of termination, including but not limited to partially
completed plans, drawings, data, documents, surveys, maps, and reports. The
Grantee shall ensure a smooth transition of services to clients, regardless of whether
this contract terminates prior to or upon the expiration date of the contract. If the
Grantee fails to ensure a smooth transition of services to clients, the ODCP may, at
its sole discretion, place the Grantee on its list of contractors barred from entering
into any contract with the ODCP and immediately terminate all other existing
contracts between the ODCP and the Grantee. The Grantee shall cooperate in good
faith with the ODCP and its employees, agents and independent contractors during
the transition period between the notification of termination and the substitution of
any replacement provider.
f. The ODCP shall not be liable for the following costs or expenses: unemployment
compensation; the payment of workers' compensation claims, which occur during the
Contract or extend beyond the date on which the Contract terminates; any costs
incurred by Grantee in its performance of the Contract, including, but not limited to,
startup costs, overhead or other costs associated with the performance of the
Contract; any damages or other amounts associated with the loss of prospective
profits, anticipated sales, goodwill, or for expenditures, investments or commitments
made in connection with this Contract; any taxes Grantee may owe in connection with
the performance of this Contract, including, but not limited to, sales taxes, excise
taxes, use taxes, income taxes or property taxes.
g The ODCP reserves all administrative, contractual and legal remedies which are
available in the event that the Grantee violates or breaches the terms of this contract.
45.Indemnification.
The Grantee and its successors and assignees agree to indemnify and hold harmless the
State of Iowa and the ODCP and its officers, employees, agents, and volunteers from any
19
and all liabilities, damages, settlements, judgments, costs and expenses, including the
reasonable value of time spent by the Attorney General's Office and the costs and expenses
and reasonable attorney fees of other counsel required to defend the ODCP or the State of
Iowa, related to or arising from any of the following:
a. Any violation of this contract.
b Any negligent, intentional, or wrongful act or omission of the Grantee, its officers,
employees, agents, board members, contractors or subcontractors, or any other
person in connection with this project.
c. Any infringement of any patent, trademark, trade dress, trade secret, copyright, or
other intellectual property right.
d. The Grantee's performance or attempted performance of this contract.
e. Any failure by the Grantee to comply with all Federal, State, and local laws and
regulations.
f. Any failure by the Grantee to make all reports, payments, and withholdings required
by Federal and State law with respect to social security, employee income, and other
taxes, fees, or costs required by the Grantee to conduct business in the State of Iowa.
g. The death, bodily injury or damage to property of any enrollee, agent, employee,
business invitee or business visitor of the Grantee or any of its subcontractors.
h. Any failure by the Grantee to adhere to the confidentiality provisions of this contract.
46.Warranties.
a. The Grantee represents and warrants that: (i) all Deliverables shall be wholly
original with and prepared solely by Grantee; or it owns, possesses, holds, and has
received or secured all rights, permits, permissions, licenses and authority necessary
to provide the Deliverables to the ODCP hereunder and to assign, grant and convey
the rights, benefits, licenses and other rights assigned, granted or conveyed to the
ODCP hereunder or under any license agreement related hereto without violating
any rights of any third party; (ii) Grantee has not previously and will not grant any
rights in any Deliverables to any third party that are inconsistent with the rights
granted to the ODCP herein; and (iii) the ODCP shall peacefully and quietly have,
hold, possess, use and enjoy the Deliverables without suit, disruption or interruption.
b. The Grantee represents and warrants that: (i) the Deliverables (and all intellectual
property rights and proprietary rights arising out of, embodied in, or related to such
Deliverables); and (ii) the ODCP's use of, and exercise of any rights with respect to,
the Deliverables (and all intellectual property rights and proprietary rights arising
out of, embodied in, or related to such Deliverables), do not and will not, under any
circumstances, misappropriate a trade secret or infringe upon or violate any
copyright, patent, trademark, trade dress or other intellectual property right,
proprietary right or personal right of any third party. Grantee further represents and
warrants there is no pending or threatened claim, litigation or action that is based on
a claim of infringement or violation of an intellectual property right, proprietary right
or personal right or misappropriation of a trade secret related to the Deliverables.
Grantee shall inform the ODCP in writing immediately upon becoming aware of any
actual, potential or threatened claim of or cause of action for infringement or violation
or an intellectual property right, proprietary right, or personal right or
misappropriation of a trade secret. If such a claim or cause of action arises or is likely
20
to arise, then Grantee shall, at the ODCP's request and at the Grantee's sole expense:
(i) procure for the ODCP the right or license to continue to use the Deliverable at
issue; (ii) replace such Deliverable with a functionally equivalent or superior
Deliverable free of any such infringement, violation or misappropriation; (iii) modify
or replace the affected portion of the Deliverable with a functionally equivalent or
superior Deliverable free of any such infringement, violation or misappropriation; or
(iv) accept the return of the Deliverable at issue and refund to the ODCP all fees,
charges and any other amounts paid by the ODCP with respect to such Deliverable.
In addition, Grantee agrees to indemnify, defend, protect and hold harmless the State
and its officers, directors, employees, officials and agents as provided in the
Indemnification section of this Contract, including for any breach of the
representations and warranties made by Grantee in this section. The foregoing
remedies shall be in addition to and not exclusive of other remedies available to the
ODCP and shall survive termination of this Contract.
c. The Grantee represents and warrants that the Deliverables (in whole and in part)
shall: (i) be free from material Deficiencies; and (ii) meet, conform to and operate in
accordance with all Specifications.
d. The Grantee represents, warrants and covenants that all services to be performed
under this Contract shall be performed in a professional, competent, diligent and
workmanlike manner by knowledgeable, trained and qualified personnel, all in
accordance with the terms and Specifications of this Contract and the standards of
performance considered generally acceptable in the industry for similar tasks and
projects. In the absence of a Specification for the performance of any portion of this
Contract, the parties agree that the applicable specification shall be the generally
accepted industry standard. So long as the ODCP notifies Grantee of any services
performed in violation of this standard, Grantee shall re -perform the services at no
cost to the ODCP, such that the services are rendered in the above -specified manner,
or if the Grantee is unable to perform the services as warranted, Grantee shall
reimburse the ODCP any fees or compensation paid to Grantee for the unsatisfactory
services.
e. The Grantee represents and warrants that the Deliverables will comply with any
applicable Federal, State, foreign and local laws, rules, regulations, codes, and
ordinances in effect during the term of this Contract, including applicable provisions
of Section 508 of the Rehabilitation Act of 1973, as amended, and all standards and
requirements established by the Architectural and Transportation Barriers Access
Board and the Iowa Department of Administrative Services, Information Technology
Enterprise.
47. Status of Grantee.
The Grantee shall at all times be deemed an independent contractor. The Grantee, its
employees, agents, and any subcontractors performing under this contract are not
employees or agents of the State of Iowa or any agency or department of the State. The
Grantee shall be responsible for withholding all taxes and shall hold the ODCP harmless
for any claims for the same.
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48.Choice of Law and Forum.
The terms and provisions of this contract shall be construed in accordance with the laws of
the State of Iowa. Any and all litigation or actions commenced in connection with this
contract shall be brought in Des Moines, Iowa, in the Iowa District Court in and for Polk
County, Iowa. If, however, jurisdiction is not proper in the Polk County District Court, the
action shall only be brought in the United States District Court for the Southern District
of Iowa, Central Division, provided that jurisdiction is proper in that forum. This
provision shall not be construed as waiving any immunity to suit or liability that may be
available to the ODCP or the State of Iowa.
49.Immunity from Liability.
Every person who is a party to the Contract is hereby notified and agrees that the State,
the ODCP, and all of their employees, agents, successors, and assigns are immune from
liability and suit for or from Grantee's and/or subcontractors' activities involving third
parties and arising from the Contract.
50.Compliance with Iowa Code chapter 8F.
If the Contract is subject to the provisions of Iowa Code chapter 8F, the Grantee certifies it
will comply with the requirements of the Iowa Code chapter 8F. The Grantee shall forward
any compliance documentation, including but not limited to certifications, and any
compliance documentation received from subcontractors by the Grantee to the ODCP.
51.Enhancement of Contractor Employee Whistleblower Protections.
41 U.S.C. 4712 states, "employees of a contractor, subcontractor, grantee [or subgrantee]
may not be discharged, demoted, or otherwise discriminated against as a reprisal for
"whistleblowing." In addition, whistleblowing protections cannot be waived by any
agreement, policy, form or condition of employment.
Whistleblowing is defined as making a disclosure "that the employee reasonably believes is
evidence of any of the following:
• Gross mismanagement of a Federal contract or grant;
• A gross waste of Federal funds;
• An abuse of authority relating to a Federal contract or grant;
• A substantial and specific danger to public health or safety; or,
• A violation of a law, rule, or regulation related to a federal contract or grant (including
the competition for, or negotiation of, a contract or grant).
To qualify under the statute, the employee's disclosure must be made to:
• A member of Congress, or a representative of a Congressional committee;
• An Inspector General;
• The Government Accountability Office;
• A federal employee responsible for contract or grant oversight or management at the
relevant agency;
• An official from the Department of Justice, or other law enforcement agency;
• A court or grand jury; or,
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• A management official or other employee of the contractor, subcontractor, grantee, or
subgrantee who has the responsibility to investigate, discover, or address misconduct.
The requirement to comply with, and inform all employees of the "Pilot Program for
Enhancement of Contractor Employee Whistleblower Protections" is in effect for all
grants, contracts, subgrants, and subcontracts.
52.Ownershin of Deliverables.
Ownership and Assignment of Other Deliverables. The Grantee agrees that the State and
the ODCP shall become the sole and exclusive owners of all Deliverables. Grantee hereby
irrevocably assigns, transfers and conveys to the State and the ODCP all right, title and
interest in and to all Deliverables and all intellectual property rights and proprietary
rights arising out of, embodied in, or related to such Deliverables, including copyrights,
patents, trademarks, trade secrets, trade dress, mask work, utility design, derivative
works, and all other rights and interests therein or related thereto. Grantee represents
and warrants that the State and the ODCP shall acquire good and clear title to all
Deliverables, free from any claims, liens, security interests, encumbrances, intellectual
property rights, proprietary rights, or other rights or interests of Grantee or of any third
party, including any employee, agent, contractor, subcontractor, subsidiary or affiliate of
Grantee. The Grantee (and Grantee's employees, agents, contractors, subcontractors,
subsidiaries and affiliates) shall not retain any property interests or other rights in and to
the Deliverables and shall not use any Deliverables, in whole or in part, for any purpose,
without the prior written consent of the ODCP and the payment of such royalties or other
compensation as the ODCP deems appropriate. Unless otherwise requested by ODCP,
upon completion or termination of this Contract, Grantee will immediately turn over to
ODCP all Deliverables not previously delivered to the ODCP, and no copies thereof shall
be retained by Grantee or its employees, agents, subcontractors or affiliates, without the
prior written consent of the ODCP. To the extent any of Grantee's rights in any
Deliverables are not subject to assignment or transfer hereunder, including any moral
rights and any rights of attribution and of integrity, Grantee hereby irrevocably and
unconditionally waives all such rights and enforcement thereof and agrees not to
challenge the State's rights in and to the Deliverables.
53. Confidentiality, IT Standards, and Security.
a. The Grantee will comply with and adhere to the following the ODCP and State
information technology standards and provide training to Grantee's employees and
subcontractors concerning such standards, procedures and protocols as applicable.
1. Data Backup Standard: Applicable to Grantees which utilize data systems to process,
store, transmit or monitor information essential to the performance of the ODCP
required services.
2. Data Stewardship Standard: Applicable to Grantees which utilize data systems to
process, store, transmit or monitor information essential to the performance of ODCP
required services.
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3. Interconnectivity Standard: Applicable to Grantees which utilize data systems to
process, store, transmit or monitor information essential to the performance of ODCP
required services.
4. Laptop Data Protection Standard: Applicable to Grantees which utilize laptops to
process, store, transmit or monitor data essential to the performance of the ODCP
required services or connects to state owned or managed network.
5. Removable Storage Encryption Standard: Applicable to Grantees which utilize
removable storage devices to process, store, transmit or monitor information essential
to the performance of the ODCP required services.
6. Web Application Security Standard: Applicable to Grantees which develop, manage or
utilize state resources including but not limited to websites, data systems, desktop
applications and web based services.
7. Website Accessibility Standard: Applicable to Grantees which develop and maintain
ODCP web pages.
Current state information technology standards are accessible online at.
https:Ilocio.iowa.govlhomelstandards
b. The Grantee will take all precautions and actions necessary to: (i) prevent unauthorized
access to the ODCP's and the State's systems, networks, computers, property, records, data,
and information; and (ii) ensure that all of the ODCP's and the State's documentation,
electronic files, data, and systems are developed, used, and maintained in a secure manner,
protecting their confidentiality, integrity and availability. Grantee agrees that it will not
copy, reproduce, transmit, or remove any ODCP (or State) information or data without the
prior written consent of the ODCP. Grantee agrees that it shall be liable for any damages,
losses, and expenses suffered or incurred by the ODCP or the State as a result of: (a) any
breach of this section, or (b) any breaches of security (including those described below) that
are caused by any action or omission of Grantee or Grantee's employees, agents and
subcontractors. Breaches of security include, but are not limited to:
1 Disclosure of confidential or sensitive information;
2 Unauthorized access to ODCP or State systems;
3 Illegal technology transfer;
4 Sabotage or destruction of ODCP or State information or information systems;
5 Compromise or denial of ODCP or State information or information systems;
6 Damage to or loss of ODCP or State information or information systems; and
7 Theft.
c. The Grantee shall immediately report to the ODCP any such breach of security. In the
event of a breach of this section or any breach of security as described herein, the ODCP
may terminate this Agreement immediately without penalty or liability to the ODCP and
the State and without affording Grantee any opportunity to cure.
54.Qualifications of Staff.
The Grantee shall be responsible for assuring that all persons, whether they are employees,
agents, subcontractors or anyone acting for or on behalf of the Grantee, are properly
licensed, certified or accredited as required under applicable Federal and State law and the
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Iowa Administrative Code. The Grantee shall provide standards for service providers who
are not otherwise licensed, certified or accredited under Federal or State law or the Iowa
Administrative Code.
Revised 06/17/19
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