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HomeMy WebLinkAboutORANGE COUNTY SHERIFF’S DEPARTMENT (3)NOVA execucuteedd �ry t2019 tomyto CL COTC, A-2019-195 Ih90 O•.Qll tonm.�JP 90'1 rz a� As MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2018 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG' LOCAL SOLICITATION 1. PROJECT NUMBER 2018•DJ-BX-0820 AWARD DATE 11/16/2018 ACCEPTANCE DATE:8/23/2019 Participants Participants hereto acknowledge the County of Orange as lead fiscal agent in charge of programmatic oversight and administration of funds and compliance over all eligible participant law enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties." H. Purpose The purpose of this Memorandum of Understanding (MOU) is to support of the objectives of the Office of Justice Programs, expressly those Identified as Priority Purpose Areas (PPAs) for the term of this award. Ill. Program Overview and Description of Project(s) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. The County of Orange (Sheriff) will determine validity of each project included in the application MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2018 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION PROJECT NUMBER 2018-DJ-BX-0820 AWARD DATE 11/16/2018 ACCEPTANCE DATE:8/23/2019 and subsequent awards. JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE RECEIPT OF FUNDS FROM THE DEPARTMENT OF JUSTICE AND TRANSFER OF FUNDS FROM COUNTY TO MUNICPAL GOVERNMENTS AS DETAILED IN "ATTACHMENT 1: LOCALAWARD ALLOCATION TABLE: ORANGE COUNTY, CA." COUNTY OF COUNTY EXECUTIVE OFFICER, FRANK KIM Shtr {Q De, b6rra s AUTHORIZED SIG lA RY ORANGE COUNTY SHERIFF'S DEPARTMENT FISCAL AGENT GRANTS ADMINISTRATOR AUTHORIZED SIGNATORY ANAHEIM CITY ANAHEIM POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY BUENA PARK CITY BUENA PARK POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY COSTA MESA CITY COSTA MESA POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY APPROVFD ASTO FORM OFF"...E OF'niE couNTY Co(mSa CRANGE, COUNrrf, CAAJF0M4A �- N/pray MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2018 EDWARD BYRNE MEMORIAL FUND -JUSTICE ASSISTANCE GRANT "JAG' LOCAL SOLICITATION PROJECT NUMBER 2018•DJ-BX-0820 AWARD DATE 11/16/2018 ACCEPTANCE DATE: 8/23/2019 FULLERTON CITY FULLERTON POLICE DEPARTMENT CITY MANAGER GARDEN GROVE CITY GARDEN GROVE POLICE DEPARTMENT CITY MANAGER HUNTINGTON BEACH CITY HUNTINGTON BEACH POLICE DEPARTMENT CITY MANAGER IRVINE CITY IRVINE POLICE DEPARTMENT CITY MANAGER ORANGE CITY ORANGE POLICE DEPARTMENT CITY MANAGER SANTA ANA CITY SANTA ANA POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY � ww,�,5 /�i APPROVED AS TO FORA4 Qmara Bogosian Assistant City Attorney ATTEST: APPROVED AS TO FORM: � I I''ll ill1 Assistant City Attorney RECOMMENDED FOR APPROVAL MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2018 EDWARD BYRNE MEMORIAL FUND -JUSTICE ASSISTANCE GRANT "JAG' LOCAL SOLICITATION PROJECT NUMBER 2018-DJ-BX-0820 AWARD DATE 11/16/2018 STANTON CITY STANTON POLICE DEPARTMENT CITY MANAGER WESTMINSTER CITY WESTMINSTER POLICE DEPARTMENT CITY MANAGER ACCEPTANCE DATE: 8/23/2019 AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY O N Lb O ma o 0 0 0 0 0 0 D r- O y O m r OD 0 0 O O M O d t0 a ci cd r o co v co Cl) CAD00 I C 10 f0 Cl) h M 0 O IO N 00 h r IO M h O W (0 M M r d N 0 Of O IO IO M N w M ci O r pp O N CD I M U 64 o bi ��6M4� 6%f.%fo-�64M 0 O r a U. O O O O o 0 0 0 o 0ii 0 0 C In r W N O O N h h Oj M (0 O 0) �t r r d' to M (O O E N N iO CO w N N M IO N r p 0 co (0 0) O CO r O O �'- a W �" N N C,5 N r r r Hi ffl 64 64 toT Vj 6F? 69 ffl fA fH N Z O_ o F c e 0 3 0 0 0 0 0 0 0 0 o a o 0 y co o 0 o e o o o M o o r J LL N c r N r- 7 W eM- U( N M Vh W ao J e} N [t (O (D N h N ClN N V Q C C In O N O O N h h M (0 0 O V U M V' r r �{ o M MO r N N IO w tp N N Cl) 0 r 0 0 J O N N M N N Q s a (� U9. 613, (Al G9 (� (� (fl ER 69 to Ff} z :)5 U E m m m m m m R m m w E a a a a a a a a a a a C7 w m c u v n ;S ;� ;-C o a o > > > > > > > > UF-U�22i22:F gZ>222 O r N 2 m Z} U U~> CO 0 U W Z p- I - co w �d��ZC7 UwQZZ F z2ZFW w1- ZZh a � 'C �<Lu(n JmzZ -5; ZQw n O¢mL)LL(D 0U)U)) F- z w a. w w 0 U LL LL FY w U H Z O U w O Z •i u F- z w a. w w 0 U LL LL FY w U H Z O U w O Z •i u U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of focal government named below, in support of that locality's application for an award under the FY 2018 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: 1. 1 am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant 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 law enforcement activities. 3. 1 assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. 1 assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community -based organizations, to the extent applicable law or established procedure made such an opportunity available. 5. 1 assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. Paragraphs 7 and 8 of the Certifications and Assurances Removed Q Signature of Chief Executive o`!Ye Applicant Unit of Local Government —Po 9araer Printed Name of Chief Executive of &1z7/c4 Date oCertifica ion Titid of ChiefY ecutive S614e-- 0 '"2231 r APFROVE40 AS TO FORA OFFICE OF THE COUNTY COUNSEL. ORANGE, COUNTY, CAUrORDSA Rev. August 22, 2018 U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General washing!,,,,. D.C. 20331 November 16, 2018 SheriffSandra Hutchens County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear SheriffHutchens: On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office oflustice Programs has approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of$410,195 for County of Orange. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and fmancial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance ofa minimum level of cash -on -hand, Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact - Program Questions, Linda Hill -Franklin, Program Manager at (202) 514-0712; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0796, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Matt Dummermuth Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS '. Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj dov Website: www.ojp.usdoj.gov/ocr OCR Letter to All Recipients November 16, 2018 Sheriff Sandra Hutchens County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Sheriff Hutchens Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receiptof federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office Of Justice Programs (OJP), U.S. Deparmreut of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the DIP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOI prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs oractivitics, not only inemployment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based oa actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OV W have developed answers to some frequently asked questions about this prevision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https:eeojp.gcv/abouVocr/yawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from hotly individuals and groups. In additiou, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of theirservice population and that their employtnentpractices meet equal opportunity standards, Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial .Assistance Recipients Regarding Title VJ Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For mute information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please seethe website https://www.lep.gov. Ensuring Equal Treatment of Faith -Based Organfzatiuns and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Orgaaizatiow, 28 C.F.R pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith -based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g.. prayer), drey must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOI are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to aHend or participate in a religious practice. Funded faith -based organizations most also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https:/Iojp.govlabout/ocrlpamcmWps.hEm. SAM and faith -based organizations should also note that the Omnibus Crime Cannot and Safe Streets Act (Safe Streets Act) of L968, w ==tied, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinqucncv Prevention Act of 1974, as amended, 34 U.S.C. § I I182(b); and VAWA, as amended, 34 U.S.C. § 12291(b)(13), containprohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case -by - case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes die funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Holding Employment Decisions The OCR issued an advisory document for recipients oa the proper use of arrest and conviction records in making hiring decisions. Sec 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 Emplovmenr Decisions Under Title P71 of the Civil Rights Act of1964(June 20/3), available at https://ojp.govPobouVocdpdG;UseotConviction_Advisory.pdF. Recipients should he mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. Ifwaranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization thatis a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42304(c), .205(c)(5)). Meeting the EEOP Requirement An ESOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOJ funding, you may be required to submit an EEOP Certification Report or an ESOP Utilization Report to the OCR For more information on whether your organization is subject to the EEOP requirements, see https://ojp.govfabouVoer,'eeop.h=. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination (fin the three years prior to the date of the grant award, your organization has received an adverse fording of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subreciplents SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address.discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (ttvIOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requiromem, sec https://Ojp.gov/funding/ExploreiSmteMethodsAdmin-FY2017update,htm. If the OCR can assist you in any way in fulfil ling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst U.S. DeparlmentofJustice " Office of Justice Ptnerams Bureau of Justice Assistance PAGE I OF 23 } Grant LRECIPIENT NA.VIE ANTI:\DDRESS (Ivdudins Zip Cadc) 4. AWARD NUMBER : 2018 D1 BS-0S20 - -- _ Coa aty of Orange ..______.......__. to Civic Canter Plaza Seam Ana, CA 92701 5. PROJECT PERIOD: FROM ID0112017 TO 0900/2021 BUDGET PEP=: FROM HV0112017 TO 09a0Q021 ;......... ___._..... ...___.—.._ 6. AWARD DATE I111&2013 -. 7. ACTION __.—._.-_—..._. 2a. GRANTEE IRSNENDOR NO. S. SUPPLEMENT NUMBER Init(zl 950005281 00 2b. GR\NTEE DUNS NO. _._..._ 111950874 ..-OJE--_........_. _._..__._ . 9. PREVIOUS AWARD AMOUNT _..___.._._ so - _ 3 PR CT 10- AMOUNT OF THISAWARD S410,195 FY 13 Local JAG Proymam I I. TOTAL AWARD $ 410,195 12. SPECIAL CONDITIONS �� ��--- TILEABOVEGR4NTPROfECP ISAPPROVED SUBJEETTO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH 1 ON THE ATTACHED PAGE(S). j 10. STAN'CURY AUTHORITY FOR GRANT 'I his projxt u supported under Fi1s(BJA-JAG State & JAG Loran Title I of Pub. L. Na 50-351 (gcuernlly coddled at 34 U.S.C. 10 10 1 - [0726). including subpart 1 of pan E (cedi0cd at 34 US.C. IOISI • I0I53); nee aku 23 U.S.C. 530C(a) 14. CATALOG OF DOMESTIC FEDERALASSISTANCE (CFDA ♦nether) 16.738 - Edward Byme Memorial lustice Assistance Gmur Program 15. METHOD OF PAYMENT GPM AGENCY APPROVAL _� GRANTEE AC(EPT:VVCE_..,.4e 16 TYPED NANIEAVD TITLE OF APPROVING OFFICIAL 18, TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL � mX s, Man Damm"77vn �ermulh c - Principal Deputy Assistmt.\ttomry Genera( j Sheriff 17. SIGNATURE OF APPROVING OFFICIAL -19. SIG TUREOFAUTHORIZEI !I( -BENTOFFIC4\L 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. TDMGTO698 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POVIS AVAOUNT X B ` DI SO 00 00 410195 c On' FORM 4000R (REV. 5-3.1) PREVIOUS EDITIONS :VIE OBSOLETE. OJF FORM 40D(V2 (REV, 4-33) A73^r ROVED AS TO FORM OFPFM OF ilir C40UWTY COLRLa ORWGIE, 001JNTY, CAL1PoRW U.S. Depumnent of Justice Office of justice Pmgrmns AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROTECT NUMOER 2018-DI-OX-0820 AWARD DATE IUlbR018 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements PAOC 2 OF 21 i i The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient drat relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements — whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the DIP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOP'), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omissica of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3 73 0 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its tents, that provision sbal l first be applied with a limited construction so as in give it the maximum effect permined bylaw. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, die "Part 200 Uniform Requirements") apply to this FY 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ an December 26, 2014, If this FY 2013 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award For more information and resources an the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://Ojp.gov/fundi'W?art2000niformRequirements,htm Record retention and access; Records pertinent to the award that the recipient (and any subrecipient("aubgmoce") at any der) must retain -- typically for a period of 3 years from die date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which did recipient (and any subrecipienl ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises frmn documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 2b0 Uniform Requirements, the recipient is to contact OJP promptly for clarification. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Jos lice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 3 OF 23 Grant PRO/EC3'NUNBER iota.... -0830 AWARD DATE 11/Ifi2m8 SPEML CONDITIONS 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at httpsJ/ojp.gov/fmawialguidelD011index.htm), including any updated version that maybe posted during the period ofperfonnance. The recipiemagmu to comply with the DOJ Grants Financial Guide. 4. RoclasslfiCatiOn0fwarioua statutory provisions to anew Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enfomement " The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OR grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Tide 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's scoop mace aFthe award Successful completion of such a training on or after January 1, 2016, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration trainin"" by 120 calendar days after-- (1) the date of OJP's approval of the "Change Grantee ContacP' GAN (in the one of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2016, will satisfy this condition. A list of DIP trainings that OR will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://wwNv.ojp-govltrainiag/5nts.htm. All tminings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the re spiom fails in comply with This condition. The recipient's failure to comply, also may head DIP to impose additional appropriate conditions on this award. 6. Requirements related to "de minions" indirect cast rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirecLcost rote described in 2 O.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise DIP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part NO Uniform Requirements. The "de miaimis" rate may be applied only to modified total direct costs (MTDC) w defined by the Part 200 Uniform Requirements. DIP FOR.4t 40 2(REV. 448) U.S. Department of Justice Office offustice Programs 9WA" CONTIrUATION .- Bureau of Justice Assistance SHEET PAGE 4 Or 23 Grant -- — — — -I __--..... --_. P307ECT h17h(BER .Ot 9-nJ.sx-08?n AWARD mATE II1162o18 SPEC/AL C04D1f10,V 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period ofperfarmance for this award, the recipient promptly most determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or 0 V W, act appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change-of-pmject-scope grant adjustment notice (GAN) to - elimina[e any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at h[tps::7www.sam.gev/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgmnts") to first -der subreciplents j (first -der "subgmntees"), including restrictions on subawards to entities that do not acquire and provide (m the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https:/,'ojp.gov/funding/ExplordSAM.hn(Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that be or she may own or operate in his or her name). 9. Requirement to report actual or imminent breach ofpersonally identifiable information (Pit) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)— 1) creates, COIIe:ts, uses, processes, stores, maintains, disseminates, discloses, or disposes of"personally identifiable information (PII)" (2 CPR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB CircularA-13o). The recipient's breach procedures must include a requirement to report actual orimmment breach of PIf to an OJP Program Manager no later [ban 24 hours after an occurrence oCan actual breach, or the detection of an imminent breach. 10. All subawards ("subeorants") most have specific federal authorization The recipient, and any subrecipient ("subgraotee") at any tier, most comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that— for purposes of feder l grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are pasted on the OJP web site at https://ojp.gov/fitnding;Txplore/SubawardAuthorization.hmr (Award condition: All subawards ("subgmnts") most have specific federal authorization), and are incorporated by reference here. OM FORM 40002 (REV. 4-88) U.S. Department of Justice Office oflustice Pro. -ours Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-M-0820 AR'ARD CONTINUATION SHEET Grant AWARD DAfE 11116 018 PAGE s OF 23 SPEML CONDITIONS 11. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and anysubrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance appoval to use a noncompetitive approach in any procurement contract drat would exceed the Simplified Acquisition Threshold (currently, 5150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract' (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at hops://aip.gov/fundingtExplora'Noncompetitivepmeurement.htm (Awardcondition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 12, Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipienr ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient, The details of the recipient's obligations related m prohibited conduct related to trafficking in persons are posted on the OJP web site at https:,/ojp.gov/fimding/ExplorelPmhibitedConduct-Trafficking. him (Award condition: Prohibited conduct by recipients and subrecipicns related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 13. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, politics, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rates applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the "DOJ Giants Financial Guide"). 14. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data most be provided to ON in the manner (including within the timefrs ones) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 15. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipicnt ("subgrantee ") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgmneccs, available at baps:/fojp.gov,'funding/ImplementrTrainingPrinciplesForGrantees-Subgrantees.htm. OFF FORA 4000,2 (REV. 4-88) U.S. Department of Justice N Office of Justice Programs AWARD CONTFtiATION - Bureau of Justice Assistance _ SHEET _ Pace a of zz Grant ......._.. -_._............. ...... --_ - PROJECT-, ..11 20t3pJ.Bk-0810 AWARD DATE ll/IW1a18 SPECL4L CONOFfJOA'S 16. Effect of£nilure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, ormay impose other related requirements, if (as determined by the DOI awarding agency) the recipient does not satisfactorily andpromptly address outstanding issues from audits required by the Part200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 17. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OV W, as appropriate) during the period of performance for this award, if die recipient is designated as "high - risk" forpurposes of die DOJ high -risk grantee list. 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requiroments of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CF.R. Part 54 The recipient, and any suhrecipient ("subgrantee") at any tier, most comply with all applicable requirements of 2g C.F.R. Part 54, which relates to nundiscriminatioa oa the basis of sex in certain "education progmms." 20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to pmgram beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes Jules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantec") organizations that engage in or conduct explicidy religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Parmeaships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https:/lwww.ecfr.gov!cgi- binlECFR4page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under a-CFR "current" data. OJP FORM 4000/2 (REV. 4-83) U.S. Depiumnem of Justice Office of Justice Programs Bureau of Justice Assistance PROTECT N63f➢ER 303-Dr-RX-0920 21. Restrictions an "lobbying" AWARD CONTLNUATION SHEET Grant AWARD DATE HIM2013 SPECL(L CONDITIONS PAGE 7 OF 23 In general, as a matter of federal law, federal funds awarded by OR may not be used by the recipient, or any subrecipient ("subgrantee") at any Her, eitherdirecty or iadimetly, to supponor oppose the enactment, repeal, modification, or adoption of any Inv, regulaGon, or policy, at any level of govenamen[ See 18 U.S,C, 1913. (There maybe exceptions if all applicable federal st hoe speci5cally authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OR from being used by the recipient, or any subrecipient at any tier, to pay any person. to influence (or ammpt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grantor cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions tothis law apply, iacluding an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express priorwrihen approval ofOJP. 22. Compliance with general appropriations -law restrictions on theme of federal funds (FY 2018) The recipient, and any subrecipient ("subgrantec") at mtytier, must comply with ail applicable restrictions on the use of federal funds set out it federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at http3://ojp.govifunding/Explore,FY18,kppropriationsRestricdoas.hn, and are incorporated by reference here. Should a question arisen to whether a particular use of federal funds by a recipient (or a subrecipient) would ormight fall within the scope of an appropriations -law restriction, the recipient is to contact OR for guidance, and may not Proceed without the express prior written approval of OJP. 23. Reporting Pommial Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any suhreeipicats ("subgmames") mustpmmptly refer to the DOI Office of the Inspector General (01G) any erediblc evidence that a principal, employce, agent, subrecipient, conLactny subcontractor, or udder person has, in connection with funds under this award -- ([)submitted a claim that violates the False Claims Act; or(2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, ormiscoaduct involving ormlating to funds under this award should be repotted to the DIG by--(1} mail directed to: Office of the Inspector General, U.S. Department ofiteaica, Inve dgadom Division, 1425 New York Avenue, N.W. Suite 7100. Washington, DC 20530; and/or(2) the DOI 010 hotline; (contact information in English and Spanish) at (800) 8694499 (phone) or (M) 616-9981 (Eve). Additional infannatianis available from the DOI DIG websice at https://oigjustice.gov/hotine, OJPFOKN40002(REV 4-931 U.S. Department of Justice Office ofJustice Programs ANVARDCONTnTATION Bureau of Justice Assistance SHEET - PAGE s of 23 Grant PROJGCT NUb1aGR 2018 Dl BX-a82a AWARD DATE 11/16l2nI9 SPECIAL CONDITIONS 24. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgmntee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibitor restrict, the reporting (in accordance with law) of waste, fraud, or abuse to aninvestigative 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 Fomr 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibitor 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 (orpurport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the Federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgmnts"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipienCs application proposes may or will receive award funds (whether through a subaward("subgra 0), procurement contract, or subcontract under a procurement contract)either requires orhas required internal confidentiality agreements or statements from employees or contractors that currently pmhibit or otherwise curently restrict (or purport to prohibit orrutrict) employees or contractors from reporting wasta, fraud, or abuse as described above: and (2) it has made appropriate inquiry, or otherwise has an adequate Factual basis, to support this representation; and b. it certifies that, if it Ieams or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any furtherobligations of award funds to or by that entity, will provide prompt written notificatiouto the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4e09i2(REV 4-88) U.S. Department of Justice Office of Justice Programs t. Bureau of Justice Assistance PROJECT NUMBER 2013-W-M-0120 AWARD CONTIlIUATION SHEET Grant AWARD DATE 11116POIS SPECLU CONDITIONS 25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 9 OF 23 The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified cimumstances, discrimination against an employee as reprisal for die employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP WOW, W, us appropriate) for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed, Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipicnts ("subgrnmees") to adopt and enforce policies banning employees tinm text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safely policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 27. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to O.TP by email at OJP.ComplianceReportinge_ojp.usdoj oov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The mcipienfs disclosure must include the following: I. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The bigh-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 2& Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by ON for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOG awards, including, but not limited to: withholdings andor other restrictions on the recipient's access to award funds; referral to the DOJ OIO for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). ON FORM 40002 (REV. 448) U.S. Department of justice Office ustice ms Burg of of Justice Bureau of Justice Assistance , PROIECTNL3IBER 20t8-DJ-BX-0820 AWARD CONTINUATION SHEET Grant AIVARD DATE 11/10013 SPECGIL CONDI7YONS 29. PFATA reporting: Subawards and executive compensation PACE 10 OF 23 The recipient must comply with applicable requirements to report fiat -tier subawards ("subgrams") of S25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), me posted on the OJP web site at https://ojp.gov/funding/ExploretFFATA.htn3 (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than S25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may awn or operate in his or her name). 30. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the ➢OJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 31. Use of program income Program income (as defined in the Part 200 uniform Requirements) must be used in accordance with the provisions of the Par 200 Uniform Requirements. Programs income earnings and expenditures both must be reported on the quarterly Federal Financial Repom SF 425. 32. Justice Information Sharing Information sharing projects funded under this award must comply with DOPs Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standmds Package (GSP) and all constituent elements, where applicable, as described at: hnps:/ / itojp.gov/ gsp_g=wondition. The recipient (and any subrecipient at any tier) most document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that proteca shared information, or provide detailed justification for why an alternative approach is recommended. 33. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by RJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve intestate connecdvity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 34. Compliance with 28 C.F.R. Pan 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R.Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part23 occur, the recipient maybe fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. ON FOPW 4000f2 (REV. 4�88) M�' U.S. Department of Justice Office of lusdce Program Bureau of Justice Assistance I PROJFCr NL1mER 2015-DJ-BX 0820 ANVARD CONTLNUATION SHEET Grant AWARD DATE SPECUL CONDITIONS 35. Protection of human research subjects I II16 2018 PAGE 1 i OF 23 The recipient (and any subrecipient At any tier) most comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent 36. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. t0231 and 28 CT R Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Par 22 and, in particular, 28 C.F.R 22.23. 37. Verification and updating of recipientcomact information The recipient must verify its Point of Contacl(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GIVIS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 38. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task.fome member of equivalent tank, most complete required online (intemet-based) task force training. Additionally, all future task force members most complete this training once during the periodof performance for this award, or once every four years if multiple Off, awards include this requirement. _ The required training is available free of charge online through the WA -funded Center for Task Force Integrity and Leadership (www.ctfli.mg). The 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. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with worse completion certificates. Additional information regarding the training is available through BIA's web site and fire Center for Task Force Integrity and Leadership (www.etfliarg), 39. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of S650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OJP101W 40007 IREV. 4-88) U.S. Department of Justice Office of Justice Programs ANVARD CONTINUATION' Bureau of Justice Assistance SHEET PAGE 12 of 29 Grant i � PROfEC"r NI;:MBER 20I S-DJ-➢X-0R20AWARD DATE 111162018 �-- — SPECJac CONDITIONS 40. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal stamtes that pertain to firearms and background checks — including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or env subrecipient at any tier) uses this award to fund (in whole or in pan) a specific project orprogron (such as a law enforcement, prosecution, or court program) that results in nay court dispositions, infornatinn, or odter records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or outer records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure thatall such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevaut to the NICS arepromptly made available to the NICS or to the "State" repository(database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weigbt to any such evidence in any express written determination regarding this condition. 41. Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid award acceptance by a local government In order validly to accept this award, the applicant local government must submit the required "State or focal Goventment: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer of the local government). Unless that executed certification either-- (1) is submitted to OJP together with the fully - executed award docu meat, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OR, any submission by a local government that purports to accept the award is invalid - If an initial award -acceptance submission by the recipient is invalid, once the localgovernmentdoes submit the necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully -executed award document executed by the local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribe. O1P FORM 400012 (REV. 4-88) U.S. Department of Justice DlltceofJustice Programs AWARD CONTINUATION ' ' Bureau of Justice Assistance SHEET PACE a OF 23 _ Grant I PROTECT 74LSfnER 2nL8-DI-B%-0820 AWARD DATE I11162018 SPECIAL CONDlTlONS 42. Noninterference (within the funded "program inactivity") with fedcrnl law enforcement 8 U.S.C. 1373 and 1644; ongoing compliance L With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official From 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 from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as dumbed in either 8 U.S.C. I373(b) or 1644. Any prohibition (or restriction) that violates this condi Lion is an "infermationcommunication restriction" under this award. 2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or educational institution that world receive the subaward, using the appropriate form available at haps:/,,Iojp.govi ending/Explore/SampleCertiFications-BUSCl373.hbn. Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, alocal government, or a public institution of higher education, unless it fimt obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive the further subaward, using the appropriate 01P form. 3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. - 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent 0hat such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (ifany) that the recipient, or any subrecipient at any tier that is a Stale, a local government, or public instimtioa of higher education, incurs to implement this condition. 5. Rules of Construction A. For purposes of this condition: (I) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe, (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Stich a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. I101 mean what they mean under that section I101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or refcrcnctd in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). S. Noticing in this condition shall be understood to authorize or require my recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IbIPORTANT NOTE: Any questions about the meaning or scepe of this condition should be directed to OJP, before DIP FORM 40M-2 (REV. 4-88) U.S. Department of Justice Office of 11uniec Programs AWARD CONTLNUATION Bureau of Justice Assistance SKEET PAGE 14 OF n Grant PROJECTNUNDER zots-Dl-ax-nazo AWARD DATE II/1020t8 award acceptance. ___....... ._.... SPECLIL CONDITIONS.._._:, 43. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification L If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of die recipient (or of any subrecipient at any tier that is a State, a local government, or a public, institution of higher education) that is lauded 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 of any subrecipient at any tier that is a S tate, a 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 dmwdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to ON that, as of the date the recipient requests the dmwdown, the recipient and each subrecipieat (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded'program or activigf) with federal law enforcement: 8 U.S,C. 1373 and 1644 and ongoing compliance." _ D. The recipient must promptly notify OR (in writing) if the recipient, From its requisite monitoring ofcompliance with award conditions or otherwise, has credible evidence that indicates that the Funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher, education, may be subject to any infermationcommutdcation restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education most require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a 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 many Information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipienes 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 detwenination. DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipieut compliance with the requirements set out in the "Noninterference... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition. 4. Rules of Construction A- For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition are incomommd by relerence as though set forth bore in full. I I CUP FORM 40002iREV, 4-33) U.S. Department of Justice Office ot3ustice Pmgrams ANVARD CONTINUATION ' t j Bureau of Justice Assistance SHEET - PAGE 15 OF 23 Grant _ I i I PROTECT AUb19ER 201&Or-aX-0870 AWARD DATE 11/160019 SPEC/AL COND[TIONS 44. Noninterference (within the funded "program or activity") with federal law enforcement No public disclosure of certain law law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity that is funded (in whole or input) by the award, as of the data the recipient accepts this award, and throughout the remainder of the period of performance. Its - provisions most be among those included in any subaward (at any tier). I. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. clu 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipienrs monitoring responsibilities include monitoring ofsubrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocahle costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition— (1) the term "alien" means what it means uudersection 101 of the Immigration and Nationality Act(sec 8 U.S.C. 1101(a)(3)); (2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a Stale or local government entity, -agency, or -official, through any means, including, without limitation-- (t) through any database, (2) in connection with any law enforcement partnership or -task -farce, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliedon (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; j(3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and i (4) the term "public disclosure" means any communication or release older than one— (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. ` i B. Both the "Rules of CorstrUCdGe and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcemenC 8 U.S.C. I373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OR FORM 40002 (REV. 4-83) , U.S. Department of Justice Officeoflus'ticePrograms AWARD CONTLNUAMN Bureau of Justice Assistance SHEET Grant PROJECTNUMBER 2019 DI.BX-0820 AWARD DATE 1V16h013 PAGE t6 OF 23 SPLCL4L CONDlTYONS 45. Noninterference (within the funded "program or activity") with federal law enforcement Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period ofperfor mane, for the award. Its provisions must be among those included in any subaward (al any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations — including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant.., to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United Slates," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, an State or local government entity, -agency, or -official may interfere wit the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) eonectional facility by such agents for the purpose "imerrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to enswe compliance with this condition. 4. Rules ofcoasnuction A. For purposes of this condition: (l) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see g U.S-C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251.(a)(7)). (3) The term "impede" includes taldng or continuing any action, or implementing or maintaining any law, policy, role, or practice, that — (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Constnrction" and the "Tmporn nt Note" s& out in the "Noninterference (within the fouled 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. DIP FORM 4000l2 (REV.; ") U.S. Department of Justice Office of JusticePmgnrms AWARD COr,iTISIUATION Bureau of Justice Assistance SHEET PACE a OF 23 Grant PROIEQ'N1.3118ER 2018 D10C.0810 AWARD DATE I1!161r013 SPECUL CONDITIONS 46. Noninterference (within the funded "program or activity") with federal law enforcement: Notlecof scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes — including 8 U.S.C. 1731 (for an alien incarcerated by a State or local government, a 90day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into embody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "m ensure the prompt removal" from the U.S. of removable "criminal slices") — within the funded program or activity, no State or local government entity, -agency, or -Official (including a govemment-contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see pam, 4.C. below) — advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or govemment- coatraeted) correctional facility receives &am DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with this conditium 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of contraction A. For purposes of this condition: (I) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. 1 I0I(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual tomaintain (or detain) any individual m custody beyond the date and time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hour, if possible)." (See DHS Form 1-247A (3/I7)). If (e.g., in light of the date DHS made such request) the scheduled release data and time form alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the some form for a second, distinct purpose — to request that an individual be ORFOAM40OW(RLVA-88) , U.S. Department of Justice Ot"&ceof Justice Pn grams ANVARD CONTMTATIOV jBureau of Justice Assistance SHEET PAGE is OF 23 Grant PROJECTNUMBER 2018-➢I BX-03'_0 AWARD DATE ll❑6f1018 SPLCLIL C0NDI71O,VS detained for up to 48 hours ArTER the scheduled release. This condition does NOT encompass such DHS requests for - detention D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award i condition are incorporated by reference as though set forth here in full. 47. Requirement to collect certain information from subrecipients The recipient may not make a suboward to a State, a local government, or a "public" institution of higher education, unless it fast obtains from the proposed subrecipient responses to the questions identified in the program solicitation as - "Informadon regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipiemt consistent with regular document retention requirements, and most be made available to DOI upon request. Responses to these ques dons are not required from subrecipients that are either a tribal govcnuncatio oanizatioa, a nonpm6toreanization, or private institution of higher education. O1P FOUI 400012 (REV 4-88) U.S, Department of Justice Office oflustice Programs r Bureau of Justice Assistance PROIECTNUMBER 2013-DJ-BX-0820 ANVARD CONTINUATION SHEET Grant AWARD DATE 11/16On18 SPECIAL CONDITIONS 48. Compliance with National Environmental Policy Act and related statutes PAGE 19 OF 23 Upon request, the recipient (and any subrecipient at any tier) must assist BIA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating fends for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third parry, and the activity needs to be undertaken in order to use these award funds, this condition most first be met. The activities covered by this condition me: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat far endangered species, or property listed on or eligible forlisting on the National Register of Historic Places; c. A renovation, lease, army pmposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals chat are (a) purchased as an incidental component o£a funded activity and (b) traditionally used, for example, in office, household, recreational, or education envimuments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at bttpsdPoja.gov/Funding/nepa.html, for programs relating to methamphetamine, laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BIA of a national or program environmental assessment of that funded program or activity. 49. Esublishmeato£tnat fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subreeipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.705(bx8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Giant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout OUP FORM 4000P (REV, C 93) U.S. Department of Justice Office of lusdce Prcgrams t` Bureau of Justice Assistance �r PROIECTMIAMER 2018-DJ-BX.0820 AWARD CONTINUATION SHEET Grant AWARD DATE 11/16r7018 - SPECLIL CONDITIONS 50. Prohibition on use of award funds for match under BVPprogrem JAG funds may not be used as the 50°% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 51. Cedification of body sonar "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipicnts planning to utilize funds from this award for ballistic -resistant and stab - resistant body arruor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 52. Body annoy - compliance with NU standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds maybe purchased at any treat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NU Compliant Body Armor Model List(https:/,rnij.gov/topics/technology/body-armor/Pagesicomptiant-ballistic-amtor.mpx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(exp(.A). The latest NIJ standard information can be found hem: hltps:/ / nij.gov/ topics/ technology/ body -armor! pages/ safety-initiative.sspx. 53. Body armor- impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant [o Lye BVP statute at 34 USC 10531(o)(5). 54. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through 01P's GbIS (bttps://grants.ojp,usdoj.gov), Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GP RA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metres reports through BJA's Performance Measurement Tool (PMT) website (www.hjaperformancotools.org). For mom detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future Ifigh Risk designation. 55. Required data on law enforcemcnt agency training Any law enforcement agency receiving direct orsub-awarded funding fain this JAG award must submit quarterly .. accountability metrics data related to training that officers have received on the use of fame, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 56. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. OIP PORN Q002 (REV 9 38) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECTNUaIBER 20I3-DJ-M-082D AWARD CONTINUATION SFI&ET Grant i AWARD DAIS ❑I 2018 SPECUL CONDITIONS PAGE 21 OF 23 57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or afar October 1, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs arc incurred at the recipient's tick until, at a minimum— (1) the recipient stakes a valid acceptance of the award, and (2) all applicable withholding conditions me removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award documeut that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk' earlier during the period of performance (such as project costs incurredprior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subreciptent at any tier) to use award funds to "supplant" Sntte or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 58. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated order this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA, Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA pmfdes may be accepted for entry into CODIS. 59. Threepemeatset-sideforNIBRScompliancc The recipient must ensure that at least 3 pereent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident -Based Reporting System (NIBRS), unless the FBI or appropriate Stara official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set -aside, unless evidence of NIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156(d)(4)) have to pass this requirement through to in subawmds to other localities in the disparatejurisdicflon, so .that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been submitted to and approved by BJA. OR FORM 401A2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMtBER 2018-DI-BX-O820 AWARD CONTINUATION SHEET Grant I AWARD DATE 11/M-2018 SPECLIL COhDlTJONS 60. Encouragementofmbuvssionof"successsteries" PACE 22 OF 23 BJA strongly encourages the recipient to submit annual (or mom frequent) JAG success stories. To submit a success story, sign in to a 4ly BJA account athttps:/ / www.bia.gov/ Login.aspr to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at haps:/ / WWAV.bja.gov/ pmfile.sspx. Once registered, one of the available areas on die My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story webpagcatbLttps://wwv.bja.gov/Succes StoryList.npx. 61. Withholding of funds: Required certification From the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Govemmeat," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 62. Withholding of funds: NIBRS set -aside The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, a budget that clearly dedicates at Icast 3 percent of the total amount of the award to NIBRS compliance n activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment Notice (CAN) has been isared to remove this condition. 63. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information ornartative for the award, and a Grant Adjustment Notice (CAN) has been issued to remove this condition. 64. Withholding of funds: Program narrative The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the program narrative for this award, and aGrant Adjustment Notice (GAN has been issued to remove this condition. 65. Withholding of funds: Memorandum of Understanding The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 66. Withholding of funds: Disclosure of lobbying Th$recipient may not obligate, expend, or draw down any funds under !iris award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form, and OJP has issued a Grant Adjustment Notice to remove this special condition. ON FORM 4000/2 (REV. 4-88) emu. U.S. Department of Justice a:• Office of Justice Programs AWARDCONMUATION Bureau of Justice Assistance SHEET i Grant PROJECT \1MBER: 20t9-DI-ax-0820 AWARD DATE Ittl6nnt9 SPECIAL CONDITJOXS 67. Withholding of funds: Disclosure ofpending applications The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure ofpcnding applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review ofthe information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that O1P may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by 01P), and (S) a Grant Adjustment Notice has been issued to remove this condition. 68. Recipient may not obligate, expend or drawdown funds until the Bureau oflustice Assistance. Office oflustice Programs has received and approved the required application aaachmenu(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 69. Limitation on Eligible Subrecipients No funds under this award may be provided to the City of Santa Ana unless and until (1) the recipient and the City of Santa Ana have submitted additional material to OJP concerning the City of Santa Ana's compliance with 8 U.S.C. § 1373, (2) OJP has verified thatjurisdiction's compliance with 8 U.S.C. § 1373, and (3) OJP issues a Grant Adjustment Notice (GAN) to modify or remove this condition. DIP Foam 40002(REV. 448) U.S. Department of Justice Office of Justice Programs s Bureau of Justice Assistance nu.d,Mgwn. D.C. 20551 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange The Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of anew program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https:/hvtvw.bja.goy/Fundinginepa.bttnl. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. U.S. programs Department Justice Office of lus[ice PmGRANT MANAGER'S MEMORANDUM, PT, I: Bureau of7us[ice Assistance PROJECT SUNIMARY Grant PROJECT IsUMBER 2018-DI-BX-0820 PAGE 1 OF I .U.S....._. _ — —__ This project is t E (codified under FY .&C. 1 - 51 -Stare & JACa Local) Title 1 of Pub. L. No. 90-351 (gammlly codified s[ 74 U.S.C. f0101- I0726), including suhport (oFpar[ E (codified at 34 U.S.C. LOLSI - I0158)' sea also 28 U.S.C. 530C(a) _......... _.__.____.... ........ ...... L STAFF CONTACT (Name & telephone number) Linda Hill -Franklin (202)514-0712 2. PROJECT DIRECTOR (Name, address & telephone number) Narlc1Nguyen Grants Manager Reuaroh & Development Division 431 THE CITY DRIVE SOUTH ORANGE, CA 92369-3303 (714) 920-2016 3a. TITLE OF THE PROGRAM j 3b. POMS CODE (SEE INSTRUCTIONS i BIA FY 18 Edward eyme Memorial Jmd--Assistsnce 0=1 JAG P i ON REVERSE) (JAG) Program • Local Solicitation 1 I i 4. TITLE OF PROJECT FY IB Local JAG Pmgmm � 5. NAME&ADDRESS OFGRANTF.E_-- 6. NAME& ADRESS OF SUBGRANTEE County ofOrangc - 10 Civic Center Plaza Santa A., CA 97701 I 7. PROGRAM PERIOD :. ..—. --_. _. _.._..—..-.._. B. BUDGET PERIOD FROM: 10.r012017 TO: 09130^02I FROM: 10.1012017 TO; 09130,2021 9.AMOUtJT OF AWARD IODATE OF AWARD S 410,195 11,116.12018 _.._.._ _.....__.__—�... _L _ ___....._ 11. SECOND YFAR'S BUDGET I2. SECOND YEAR'S BUDGETAb(OUNT i I3. iH[RD YEAR'S BUDGET PERIOD - - -'-' _-- - L4.THIRD YEl.li'S BUDGET A.�10LM 15. SUMMARY DESCEUP17ON OF PROJECT (See imouctiou an reverse) The Edward Byrne Mema-ial Justice Assistance Grant Program (JAG) allows states and units oflocal govedurmt including tribes, to support a broad image of criminal justice relateductividce based on their awn slam and local needs and conditions. Grant funds can he used former. mill local initiatives, technical assistance, Mining, personnel, equipment, supplies, connachum support, and informatiao systems For criminal justitt, including far coy one oe more of the following puryose area: O law edbmementprbgra ns, 2) prosecution and mud programs; 3) prevention and education programs; 4) comeetiona and community omrutions progmm ; 5) drug timununt end enfomement programs; 6) planning, eveluadon, mid techoolog(impmvementprograms; 7) crime victim and witness programs (other than compeaation): cad 8) mental IsmIth Programs and related law enforcement and corrections programs, including behavioral programs and crisis intervemioe teams. This Local JAG award will he shared by the County and one or more jurisdictions identified as dispaee within the current Fiscal Year eligibility list (www.bja.gov/Jsg). JAG banding will he used to support crimimljustim initiatives that fall under one or more oft a allowable program area above. Any O1P FORM 400011 (REV, 4-88) -- equipment purhuses ur funded initiatives such vs o tntna, task foes, drug pmymms, Wormafiun sharing, etc, will he shoed at reducing crime and'cr cahmeiug publidufficer safety. NC.A,TtCF � 4