ORANGE COUNTY SHERIFF’S DEPARTMENT

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U.S. Department of Justice Office of Justice Pmgrams tt Bureau of Justice Assistance PROJECTFFLP,aFR 2017.DJ-aX-0990 AWARD CONTINUATION SHEET Grant AW"D DATE IIN212018 SPECIAL CONDITIONS PAGE fl OF 21 IMPORTANTNOTE: Any questions about the meaning or scope o f this condition should be directed to OJP, before award acceptance. 54. Authority to obligate award funds contingent on compliance with 8U.S.C.1373. unallowablecosts; obligation to notify A. time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a either a Stale or unit of local government or a "public" institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if — at the time it incurs such costs — the "program or activity" of the recipient (or ofany subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any "information -communication restriction." C. Any drawdewn of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the dale the recipient requests the drawdewn, the recipient and all subrecipients (regardless oftier) are incompliance with 8 U.S.C. 1373, D. The recipient must promptly notify OR (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, lies credible evidence that indicates that the funded "program or activity" of the recipient, or of any subrecipient at any tier that is either a Stole or local government or a "public" institution aIhigher education, may be subject to any "information -communication restriction." In addition, any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an "infonnatiomcommunicalion restriction." ?. Any subaward (at any tier)to, subrecipi,muell is either I State ora local government or a"public" institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the subrecipient (or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any "information -communication restriction." 3. Absent an express written determination by DOI to the contrary, based upon a finding by DOI of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award In making any such determination, DOI will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required." J- Rules of Construction A. For purposes of this condition"information-communication restriction" has the meaning set out in the award condition entitled "Ongoing compliance with 8 U.S-C. 1373 is required." B. Both the "Rules ofConstmctiao" and the "Important Note" act out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. OJP FORM 40ON2 (REV. 449)