HomeMy WebLinkAboutORANGE COUNTY SHERIFF’S DEPARTMENTSA-P Q `2) executed coov to COTc, M-30 q-2019-194
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MEMORANDUM OF UNDERSTANDING BETWEEN THE COON-7YAEORANGE (SHERIFF) AND THE
ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD
�S P� BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION
PROJECT NUMBER 2019-DJ-BX-0990 AWARD DATE 11/16/2018
ACCEPTANCE DATE:8/23/2019
1. 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."
11. 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,
fit. 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 MUNICIPALCITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD
BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION
PROJECT NUMBER 2017-DJ-BX-0990 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: LOCAL AWARD ALLOCATION TABLE: ORANGE COUNTY, CA."
COUNTY OF ORANGE
COUNTY EXECUTIVE OFFICER, FRANK KIM
$ha-i{Q _(d� 13a . s
ORANGE COUNTY SHERIFF'S DEPARTMENT
FISCAL AGENT GRANTS ADMINISTRATOR
ANAHEIM CITY
ANAHEIM POLICE DEPARTMENT
CITY MANAGER
BUENA PARK CITY
BUENA PARK POLICE DEPARTMENT
CITY MANAGER
COSTA MESA CITY
COSTA MESA POLICE DEPARTMENT
CITY MANAGER
APPROVED AS TO FORA
OFFICE OF THE COUNTYOOL"Sa
ORANGE. COUMV, CAUFURNA
��q Qom-.
D _L2.5
A HO IZED SIGNATORY
AUTHORIZED SIGNATORY
AUTHORIZED SIGNATORY
AUTHORIZED SIGNATORY
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE
ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD
BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG' LOCAL SOLICITATION
PROJECT NUMBER 2017-DJ-BX-0990 AWARD DATE 1111612018
ACCEPTANCE DATE:8/23/2019
FULLERTON CITY
FULLERTON POLICE DEPARTMENT
CITY MANAGER
AUTHORIZED SIGNATORY
GARDEN GROVE CITY
GARDEN GROVE POLICE DEPARTMENT
CITY MANAGER
AUTHORIZED SIGNATORY
HUNTINGTON BEACH CITY
HUNTINGTON BEACH POLICE DEPARTMENT
CITY MANAGER
ORANGE CITY
ORANGE POLICE DEPARTMENT
CITY MANAGER
AUTHORIZED SIGNATORY
AUTHORIZED SIGNATORY
SANTA ANA CITY
SANTA ANA POLICE DEPARTMENT
CITY MANAGER
AUTHORIZED SI ATORc,N Y
WESTMINSTER CITY
WESTMINSTER POLICE DEPARTMENT
CITY MANAGER
AUTHORIZED SIGNATORY
ROVED AS TO FORM
Ta ra go n
Assistant City Attorney
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City At ey
By:
T RA BOLO
Assistant City Attorney
RECOMMENDED FOR APPROVAL
VID VALENTI
Chief of Police
- -u oyme Memorial Justice Assistance Grant Program FY 20177 LocalFSo�Aat on CFDAN 16.738
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program
FY 2017 Local Solicitation
Certifications and Assurances
by the Chief Executive of the Applicant Government
On behalf of the applicant unit of local government named below, in support of that localitys application for an award
under the FY 2017 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § or an w I
certify d the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are
true and correct:
1. I 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 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 opportunityavailable.
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. 1 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. Paragraph 7 of the Certifications and Assurances Removed
T. 1 have examined the certification entitwq "sr�.,..... ___, —
Signet re ofhief cutive
Local Government Applicant U— Date of Certification
7>11nq l �k � /
FriNamee Executive
of Chief Executive Wit!
n _ Tivc of Cnier g5tecuave
of Afilicant Unit of
P.i^-rT:•.s; L A" ro FOR -A
C'F,-!Ce or T;,= ccr tnv coueuat,
ORANGE, COUNTY, CAUFORNIA
Dm: 42 31i5
Rev. August 10, 2018
U.S. Dcpartroent of.tustice
r
Office ofJustice Programs
Office of the Assistant Attorney General
W-hMatna. D.C. 20551
November2,2018
Mr. Frank Kim
County of Orange
10 Civic Canter Plaza
Santa Ana, CA 92701
Dear Mr. Kim:
approved
roved of Attorney io nend Jefferson Sessions [[I, it is my pleasure to inform you that the Office ofinsuce programs has
approved your application Cor funding under the FY 17 Edward Byme Memnriol Justice Assistance Grant (JAG) Program -
Local Solicitation in the amount of $376,349 for County of Orange.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
£maocial requirements, including the timely submission ofall financial and programmatic reports, resolution ofall 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 -ran as appropriate. [erminatlon for cause or other administrative
ffyou have questions regarding this award, please contact.
- Program Questions, Melanie Davis, Program Manager at (202) 305-7944; and
- Financial Ques-07860786, ,iryouong
(800) 458 tha Office of the Chief Financial Officer, Customer Service Center (CSC) at
omay contact the CSC et askocfo@wdoj.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 20i31
Tel: (202) 307-0690
TTY: (202) 307-2027
E-mail: askOCR(p7usdoj.guv
Websile: www.Ojp.usdoj.goviocr
OCR Letter to All Recipients
November 2, 2018
Mr. Frank Kim
County of Orange
10 Civic Center Plaza
Santa Ana, CA 92701
Dear Mr, Kim:
Congratulations oyour recant award. in este Ojr
compliance with fee deral civil rights laws. The Offi,fag financial assistance programs, Congress linked the receipt of federal funding toce for Civil Rights (OCR), Office of Justice Programs (0JP), U.S. Department of Justice
(DOJ) is responsible for ensuring that recipients of financial assistance from the O1P, the OtTice of Community Oden[ed Aolicing Services
(COPS), and the Office on Violence Against Women (OV W) 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 DOJ prohibit discrimination on the basis of race, color, national origin,
religion, sex, or disability in funded programs oractvities, not only in employment but also in the delivery of services or benefits. A fedemi
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 prohfbils discrimination based on actual or
perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimumtongnant
condition applies m certain programs funded after October 1, 2013. The OCR end the O V W have developed answers ri some frequently
asked questions about this prevision to assist recipients of VAWA funds to understandt VW obligations. etiore. The answers
are available at hips://Ojp.govlabou✓ucrivuwafags.htm, Frequently Asked Questions
Enforcing Civil Rights Laws
All recipients of the workforce,
financial assistance, regardless of theparticular funding source, the amount of the and, or the number of
employees in the workforce, are subject to prohibitions against unlnwful discriminaton. Accordingly, the OCR nvestiga[es recipients that
are the subject of discrimination complaints from botlh individuals and groups. In addition, based on regulatory criteria, the OCR selects a
number t all segments
each year for complianceopulreviews, audits that require recipients to submit dam showing that they ace providing services
equitably' to all segments of their service population and that their employmentpmctices meet equal opportunity standards.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Tide VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d, recipients of federal financial
assistance must take reasonable steps in provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Fin
Against National Origin Discrimination social Assistance Recipients Regarding Title VI Prohibition
Affecting Limited English Proficient Persons, 67 Fed. Reg, 41,455 (2002). For more information
on the civil rights responsibilities that recipients have in providing language
hnps://www.kp.gnv. services to LEP individuals, please sec to websi[e
Ensuring Equal Treatment of Faith -Bused Organizations and Safeguarding Constitutional Protections Related to Religion
The DOJ regulation, Partnerships with Fait -Based and Other Neighborhood Organizations, 28 C.F.R In. 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
mligiOm activities include worship, religious instruction, orpmselytization. While funded organizations may engage in non -funded
explicitly religious activities (e.g., prayer), they most 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 an the basis of a beneficiary's religion, religious belief, a refusal to hold a
religious belief, Ora refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written
notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the fimded
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 websile at hops://ojp.gov/aboutlocr/partacmhips.htaL
SAAs and faith -based Organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) Of 1968, as
amended. 34 U.S.C. § 10228(c); the Victims of Come Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 34 U.S.C. § 11182(h); and VAWA, as amended,
34 U.S.C. § 12291(bx 13), contain prohibitions against discrimination on the basis Of religion in anploymenL Despite these
nondiscrimination provisions, the DOJ has concluded that it may entrance the Religious Freedom Restoration Act (RFRA) on a case -by -
case basis to permit some faith -based organizations In receive DOJ funds while taking into account religion when hiring suff, even if the
statute that authorizes the funding progrun 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 smmtes that prohibit discrimination in
employment
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on 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 ufArrest and Conviction Records in Employment Decisions Under Title 147of the
Civi/Rights Acl of 1960 (June 2013), available st kttps://ojp. Advisory,pd£. Recipients should be
govlabouVocr/pdfs/UseotConvicdon
mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion
may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory,
recipients should consult local counsel in reviewing their employment practices. If warranted, 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 that is a recipient of financial assistance subject to the noadiscri rdnation provisions of the Safe Streets Act, must meet two
obligators: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R p4 47, subpt. E) and (2)
submitting to the OCR findings of discrirttination (see 28 C.F.R. §§ 42.204(c), .205(e$5)).
Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a recipient's relevant labor marker data, as well as therecipient's employment
Practices, to identify possible barriers to die participation of women and minorities in all levels of recipient's workforce. As a recipient of
DOJ funding, you may be required to submit an EEOP Certification information on whether your or _ n Report or an EEOP Utdizalion Report to the OCR For more
may request technical assistanceefrom aan EEOP specialist et the OCR by telephone mtt2 , 'UjP 6v abouwcr/ccop.him . Additional) EEOPFmms@Wdoj.gev. ( ) 1771 or by e-mail at Y, you
Meeting the Requirement to Submit Findings of Discrimination
If in Ole three years prior to the date after adue-process the grant award,
color,,national origin, religionor sex,your organization has received an adverse finding of discrimination haled on race
agency, your organization mus,
,t hearing, from a state or federal court or from a state or federal administrativesend 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 subrecipieots, methods to monitor subrecipients' compliance with civil rights requirements, and a
suhrecipients on applicable civil rights laws. In addition, SAAs must submit tothe OCR every three years written Mprogram
ethods of
Adminisim6an (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more information on the MOA.requirement, see https:G'ajp.gov/fuuding(ExplareiSmteblelhodsAdmin-FY2017update.hhn.
Ifth
sasis OCR can assist caot in any way in fulfilling yout orginivi ion's civil rights responsibilities as a Million' of federal financial
assistance, please contact us.
.Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
._ ..... ............._..__..
U.S. Depamneat of3usFce
OfSce ofJusdcc Pmgrams
Bureau of Justice Assistance
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
Cowly afo mge
10 Civic Cmt4r Pleas
Smtn Ave. CA 92701
Grant PAGE 1 OF 21
d. AWARD NUMBER.- 2017-0I-BX-0999 _...--_.._...._._ ._
5. PROJECTPERIOD:FRON1 IWOIIM16 TO 09i3012020
BUDGET PERIOD: FROM IW0/2016 TO 091302020
.- .O....
_6. AWARD GATE f I/02f1018 ����—��- ��
7. ACTION
2a.GRANTEE IRS/VENDOR N0.
S.SUPPLENIENTNUNIBER -- --
950009251
.. .. _.
Initial
00
2b. GRANTEE DUNS NO.
�_..-_
//1950874
..
9 PREVIOUS AWARD AMOUNT
3. PROJECT TITLE —_—_ __.-_..
.. _._. S 0
Orange Cowly Area FVl]IAG Pmjece
IO ANOINT DFTHi$AWARp S376j49
- _
Il TOTAL AWARD
$376,349 •.
11SPECIAL CONDITIONS
—I
-- '-'- ---- !
THE ABOVE GRANT PROJECT IS APPROVED SURIGCTTO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S),
13. STATUTORY AUTHORTI Y FOR GRANT'
14. CATALOG OF DOMESTIC FEDERAL ASSIS IA.NCE (CPDA N
16.738-Edwe Byme MemorialluxEce Abi9tmce Gant I'r,
15. METHOD OF PAYMENT
OFFS
Pub. L No. 90-351(Srnaally wdi5cd m 42 U.S.C. 3711 "3797ft 5),
C, S30C(a).
-- ._
—_. AGENCYAPPROVAL
AL'_— GRANTEE ACCEPTA\'CE
I6. TYPED NAME AND TITI . OF APPROVING OFFICIAL
' l8 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAI.
MPrtDmwmmuth I FrmkIm
Priodpal ➢epoxy A-ismm ARomey General Comny kxecwve O Wca
st+v�@{ �t Pa 3d�nes
17. SIGNATURE OF APPROVING OFFICIAL _ -- ----- - -
- 19. S)GNATLRE OF AUTHORIZED RECIP I OFFICIAL 19A. DATE
... ................_____.__._ AGENCY US
EONLY
0.
BUD,
2FI ACCOUNTING CLASSIFICATION CODES - - ---"'------
FISCAL PUNT) HUD. DN. 21. SDIL'CTIIII
YEAR CODE ACT. OFC. MO. SUB POMS AMOUNT
X B DI 80 00 00 376349
O1P FOI6T 4000Q (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OM FORhl400W2IREVA-88)
APPRO'VEDAS TO FORM
OFFICE OF TFIE COUNTY COMISSL
ORANGE, COUNTY. CALIFORNIA
D... g2:3 �/ "J
_
U.S. Department of Josue,
f Office of Justice Programs A{YARD CONTLNUATION
Bureau of Justice Assistance SHEET
`. PAGE 2 OF 21
Grant
PROTECT Nti;>rIBER 2019 DI-ak-0990 ---......------ - . AW.gRD DATE l l e✓-018 -
... ..__....
SPECIAL CINDLTJDNS
I. Requirements of the award; remedies for non-compaance or for materially faisestatm ou
The conditions of this award are material requirements of the award. Complianee with any certiFcatio to or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
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 OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The Department 0f Justice ("DOl" ), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject Of criminal prosecution (including under 18 U.S.C. 1001 and+or 1621,
and/or 42 U.S.C. 3795a), and also may lead to impositionof civil penalties and administrative remedies for false claims
or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that pmvision
shall first be applied with a limited constmctmr, so as to give it the maximum effect permitted by law. Should it be
held, instead that the provision is utterly invalid or-uneafomeable, such provision shall be deemed sevembic from this
award.
2. Applicability of Par 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOI in 2 C.F.R Part 2800 (together, tile 'Tart 200 Uniform Requirements") apply to this FY
2017 award from OIP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. Jf this FY 2017 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Par 200 Uniform Requirements apply with respect 10 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 ads FY 2017 award,
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awarts and subawards
("subgrents"), see the OJP website at https,*/iaip.gov/Amdia&TarLIODUnifonnRequimments.h=.
In the event that an award -related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in someway from, the provisions of the Par 200 Uniform Requirements, the
recipient is to contact OR promptly for clarification
3. Compliance with DOJ Gmuts Financial Guide
The recipient agrees to comply with the DOI Grants Financial Guide as posted on the DIP websit, (currency, the "2015
DOI Grants Financial Guide" available at heps:/iojp.gov/amocialguide/ DOJ/index.htm), including any Updated version
that may be posted during the period of performance.
DTP FORx14000/2 (REV 4-88)
U.S. Department of Justice
Office of Justice Programs
ti Bureau of Justice Assistance
PROlEUr NUMBER 2a17-DJ-BX.u9%
AWARD CONMUATION
SHEET PAGE ) OF 21
Grant
" ".
AWARD DATE 1110212018 -'-'-'._.
SPEC/AL CONDITIONS
4. 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
this condition. " by 120 days after the date of the
recipients acceptance of the award Successful completion of such a training on or after January1, 2016, will satisfy
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 grunt administration training" by 120
calendar days after-- (I) the detect OJP's approval of the "Change Grantee Contact" GAN (in the case of scow
POC), or (2) the date the POC eutem 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 OJP trainings that OJP will consider 1101P financial management and grant administration training" for
purposes of this condition is available at hops://"w.ojp.gov/tmining/finn.hue. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award fiords if the recipient fails to
comply with this condition The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
5. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Pan 200 Uniform Requirements and other applicable law muse the "de minimis"
indirect cost rate described in 2 C.F.R 200.414(t), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in 1;' Pact 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Pan 200 Uniform Requirements.
6. Requirement to reportpotentially 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 ofperformance for this award, the recipient promptly most determine whether foods from any
of those other federal awards have been, are being, or are to be used (in whole or in pan) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVw, as appropriate) in writing of the potential duplication, and, iIse requested by the DOJ
awarding agency, most seek a budget-modificatioa or changeof-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
01? FORM 4000021REV. 4aa)
U.S. Department of Justice
Office ofJanice Programs
` Bureau of Justice Assistance
PROIECThUMDEu 2017-W-IDX.0990
AWARD CONTINUATION
SHEET
Grant
AWARDDATE 1V0212018
SPEC/AL COND177ONS
7. Requirements related to System for Award Management and Universal Identifier Requirements
PAGE 4 OF 23
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https.1/www.Sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgmnis") to First -tier subr<oipients
(fast -tier "subgranlees"), including restrictions on subawards m 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 identifn<rs ere posted on the Oil, web site
athttps:7/ojp.govlfunding/Explore/SAM.htm(Awmdcmdition: Systemfor Award on weemsledent a he Universal
Identifier Requirements), and am incorporated by reference hem.
This condition does not apply to an award to an individual who received the award as a natural person (i.e, unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
8. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipieat ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of my subaward. This condition applies to agreements that-- for purposes of federal grants
administrative requirements -- O)P wnsiden a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of my subaward are posted on the OJP web site at
https:fojp.gov/fundingrExplore/SubawardAutharization.hrm (Award condition: All subawards ("subgrants ") must have
specific federal authorization), and are incorporated by reference here.
9. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would
exceed $150,000
The recipient, and any subrecipient ("subgraaree") at any tier, most comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently,$ 150,000). This condition applies to agreements that..forpurposes of
federal grants administrative requirements -- Off considers a procurement "coatmct" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract trader
an OJP award are posted on the OJP web site at helps ://ojp.gov7funding/Explore/I ncompetifveProcurementhtm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract
(if coatract would exceed $150,000)), and are incorporated by reference here.
OR FORs1400tA2 (REy.4-88)
U.S. Department of Justice
Office of Justice Programs
}t Bureau of Justice Assistance
PROJECTNIATBER 2017-DJ-nx099a
AWARD CONTINUATION
SHEET PAGE 5 OF 21
Grant
AWARD DATE 1110212014 --
SPACIAL CONDMONS
10. Requirements peraiaing to prohibited ennduct related to trafficking in persons (including reporting requirements and
OJP authority to teravnate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conductrelmed to the trafficking of Permits, whether on the
Part of recipients, submcipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any s ibmeiphmt.
The details of rho recipient's obligations related M prohibited conduct related to trafficking in persons ace posted on the
OJP web site at hugs/iojp.gov/fundinWExplom/PmhibitedConduct.Tmfficking.htm(Award condition: prohibited
conduct by recipients and subrccipients related to trafficking in persons (inctuding reporting requirements and OR
authority to terminate award)), and are incorporated by reference here.
11. Compliance with applicable roles regarding approval, planning, and reporting Of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrmee") at any tier, most comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific on. %limits, prior approval and reporting reyuirementr, here applicable) governing the use of fcderat funds for expenses related an conferences, that term is defined by, her including the provision of food and/or beverages at such conferences, and twst of attendance at such conferences.
Information on the pertinent DOJ defmilion of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, 0 section 3.10 of"Posmward Requirements" in the "2015 DOJ Grants Financial
Guide").
12. Requirement for data on performance and effectiveness under the award
The recipient most collect and maintain data that measure the performance and effectiveness of work under this award.
The dam most be provided to OJP in the manner (including within the timefrarnes) specified by OJP in die program
solicitation or other applicable written gtddancc. Data collection supports compliance with the Government
Perfbrmance and Results Act (GPRA) and the GPRA Modendvation Act of 2010, and other applicable laws.
13. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at my tier— develops or
delivers with OJP award funds must adhere to the OR Training Guiding Principles for Grantees and Subgrmtees,
available at btIPs://OjP.gov/funding/ojptrailling
14. Effect of failureto address audit issues
The recipient understands and agrees that the DOI awarding agency (OJP or OV W, as appropriate) may withhold
award funds, or may impose other related requirements, if (as demmtined by die DOJ awarding agency) the recipient
does not satisfacrorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the tetras of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
15. Potential imposition of additional requirements
The recipient agrees to comply with my additional requirements that may be imposed by the DOI awarding agency
(OUP or OV W, as appropriate) during the period of performance for this award, if the recipient is designated as "high -
risk" for purposes of the DOI high -risk grantee list.
OUP FORM 4MM (REV. 4.88)
U.S. Department of Justice
_,. Office of Justice Programs
Bureau of Justice Assistance
ANARD CONTINUATION
SFIEET
Grant
PROJECT NUMBER 2017-Df-BX.0990 AWARD DATE I11OV2018
SPEC'iAL CONDITIONS
16. Compliance with DOI regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 42
PACE 6 OF 21
The recipient, and any subrecipient (';subgrantee") at my tier, most comply with all applicable requirements of 28
C.F.R. Part 42, specifically including my applicable requirements in Subpart E of 28 C.F.R Part 42 that relate to an
equal employment opportunity program.
17. Compliance with DOI regulations pertaining to civil rights and nondiscrimination - 28 C,F.R. Part 54
The recipient, and my subrecipient ("subgrantee") at my tier, most comply with all applicable requirements of 28
C.F.R. Pan 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
18. Complimce with DOI regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Pan 38
The recipient, and any subrecipient ("subgrmtee") at any tier, must comply with all applicable requirements of 28
CF.R. Pan 38, specifically including my applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries. Puri 38 or28 C.F.R., a DOI regulation, was amended effecdve May 4, 2016,
Among other things, 28 C.P.R. Part 38 includes nil" that prohibit specific forms of discrimination on the basis of
religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice,
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and
submeipients that are faith -based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is
available via the Electronic Code of Federal Regulations (currently accessible mhRps:/iwww.ecfi.govlegi-
biwTCFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Pan 38, under c-CFR "cuneut"
data.
19. Restrictions on"lobbying"
In general, as a matter of fedeml law, federal funds awarded by OJP may not be used by the recipient, or my
subrecipient ("subgrantee") at my fist, either directly or indirecdy, to support or ppose the enactment, repeal,
modification, or adoption of my law, regulation, or policy, at any level of government See 18 U.S.C. 1913. (There
may be exceptions ifan applicable federal statute specifically authorizes certain acdvides that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OR from being used by the recipient, or my
subrecipient at my der, to pay any person to influence (or attempt m influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of my of them) with eespect to the awarding of a federal grant or
cooperative agreement, subgrmt, contract, sebcon¢act, or Inan, or with respect m actions such as renewing, extending,
or modifying nay such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal orgrud=tions.
Should my questiou arse 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 DIP for guidance, red may not proceed without the
express prior wridm approval of OUT.
ON FORM 400M (REV. 4.33)
U.S. Department of Justice
Office OF Justice Prograrns AWARD CONTLNUATION
l Bureau of Justice Assistance SHEET FACIE T OF 21
Grant
PR0JFCTNEAffmR 2017-DJ-aX-0990 _�.. _.-. __ - ...... ..-.
AWARD DATE II/O2,2018
SPECIAL CONDITIONS
20. Compliance with general appropriation-luw restrictions on the use offedeal funds(FY 2017)
The recipient, and any submeipicnt ("subgmmee") at any tier, most comply with all applicable restrictions on the use of
federal funds set out in fedeal appropriations statute. Pertinent restrictions, including from venous "general
Provisions" in the Consolidated Appropriations Act, 2017, are set out at
https://ojp.gov/funding'Explore/FY17AppropriafionsReshictions.htm, and sro incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a sul recipient) would or might
fall within Ale scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval o£O1P.
21. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The recipient and any subrecipients ("subgrentees") must promptly refer to the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person
has, in correction with funds under this award -- (1) submitted a claim that violates the False Claims Act; at (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should he reported to the
OIG by— (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division,
1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ 010 hotline: (couleeI
information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).
Additional information is available form the DOJ O1G website at https7/migjustice.govAmotline.
OR FOMI40000 (MV 448)
U.S. Department of Justice
Office oflunkePrograms ANVARD CONTINUATION
Bureau of Justice Assistance SHEET Pace 8 OF 21
Grant
..
PROIEGT A4AIBER ?017-DI-BX-049a AWARD DATMEE W11/OMBOb2o18
..._.__.. _.................-.. __. _. _.
SPECL4L CONDITIONS
22. Restrictions and certifications regarding non -disclosure agreements and related matters
No recipient or subreuipient ("su agmnwcn) under this award, or entity that receives a procurement contract or
subcontract with Say 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 In prohibit or restrict, We reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented intormation), or any other form issued by a federal depurhne it or agency governing the
nondisclosure of classified information.
I. In accepting this award, die reeipient-
5represents that it neither requires nor has required intemal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit orrestrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it Jcaras or is notified that it is or has been requiring its employees or comactors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. Ifthe recipient does or is authorized order this award to make subawards ("subgrarm"), procurement coutmets, or
both --
a it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgr mr ), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contactors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; unit
b, it certifies that, if itles as or is notified that any subrccipient, contractor, or subcontractor entity that receives funds
under this award is or Ims 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
iuunediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
dre federal agency making this award, and will resume (or permit resumption ot) such obligations only if expressly
authorized to do so by that agency.
OIP FORM 4001Y22 (REY. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT.N'llxiBER 2017.DJ-BX-N9n
AWARD CONTINUATION
SHEET PAGE 9 OF 21
Grant
AWARD DATE 11/0b2018 -
SPECIAL CONDJf7ONS
23. Compliance with 41 U,S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable pmvisiom that prohibit, under specified circumstances, discrimination against an
employee es erprisul for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also most inform its employees, in writing (and in the predominant native language of the workforce), of
employee lights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of We provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OV W, as appropriate) for guidance.
24. Encoumgementofpohcies to han tem 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 end sAmcipiems ("subgromwes') to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, mamncss, and other outreach to decrease
crashes caused by distracted drivers.
25. 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 OUP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawsrds made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds, mferral to the DOJ OIO for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
26. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first -der subawards ("subgranu") of $25,000 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 subrecipienrs(first-tier"subgrantem")of award funds. Tha detairecipient
ls of Obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at Imps://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual w]to received the award as a natural person (i.e., unrelated to any business or non-profit
orgamUtion that he or she may oxen or operate in his or her name).
OIP PORbI 40001(REV. 4-88)
U.S. Depar ment of Justice
Office ofJustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAre to OF 21
t1
Grant
_. _._. ._ _—...._.
PROJECT hUMDCR 2017-DI-aX-0990
AWARD D4TE 11/032018
SPECIAL CONDlrJONS
27. Use of program income
Program income (as defined in the Part 200 UniForm Requirements) must housed in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
29. Justice Information Sharing
In order to promote information sharing and enable interopembility among disparate systems across thejumice, and
public safety community, the recipient (and any subrecipiem at any her) must comply with DOfs Global Justice -
Information Sharing Initiative (DOPs Global) guidelines and recommendations for this particular award, The recipient
shall conform to the Global Standards Package (GSP) and all cmaniment elements, where applicable, As described at:
https://it.ojp.gov/gsp_grantcon lition. The recipient shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended,
29 Avoidance ofduplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks As the communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
30. Compliance with 28 C.F.R Part 23
With respect to my information technology system funded or supported by funds under this award, the recipient And
any subrecipiem al any tier) most 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.P.R. Part 23 occur, the
recipient may he fined As per 42 U.S.C. 3789g(c}(d). The recipient may not satisfy such a fine with federal funds.
31. Protection ofhumanreseamh subjects
The recipient (and any subrecipiem at any (jet) most comply with the requirements of 28 C.F.R. Part 46 and all OJP
Policies and procedures regarding the protection of Iranian research subjects, including obtainment of rosfaido al
Review Board appmval, if Appropriate, and subject informed consent
32. Confidentiality of dam
The recipient (and any submcipient at any tier) must comply with all confidentiality requirements of 42 U.S.C. 3789g
and 28 C.F.R. Pan 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 Privuy Certificate that is In accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R 22.23.
OAP FORM 4002 tREV 488)
U.S. Department of Justice
0 Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTMATION
SHEET PAGE It OF 21
Grant
PROJECTNUMBER 2017-DI-BX-0990 AWARD DATE IIiOL'2018
SPEC/AL CONDITIONS
33. Verification and updating ofmcipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. Many information is
incorrect or has ebanged, a Grant Adjusmrent Notice (GAN) must be submitted via the Grants Management System
(GbIS) to document changes.
34, Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of x law enfomement task force funded with award funds
who is a task force commander, agency executive, task fame officer, or other task farce member of equivalent rank,
must complete required online (lnlemebbased) task farce training. Additionally, all furore task force members must
complete rids training once during the period of perfotra lace for this award, or once every four years if multiple OIP
awards include this requirement
The required training is available free of charge online through the BIA-funded Center for Task Force Integrity and
Leadership (www.etfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, husk fume performance measurement, personnel selection, and task force oversight and
j accountability. If award fands are used to support a task fame, the recipient must compile and maintain a task farce
personnel taster, along with course completion certificates.
Additional information regarding the training is available through BIA's web site and the Center for Task Force
integrity and Leadership (www.ctfli.org).
35. Required attendance at WA -sponsored events
The recipient (and its subreeipieats at any tier) must participate in B1A-sponsored enticing events, technical assistance
events, or conferences held by BIA or its designees, upon BIA's request.
36. fustlfication ofconsultznt rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification most be submitted to and approved by the OR program office prior W obligation or expenditure of such
fonds.
OIP FORM 400012 tREV. i-Bs)
U.S. Department of Justice
Office of Justice Programs ANVARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 12 OF 21
Grant
PROIECTNUMBER 2017-D1-BX-0990 A\VARn DATE 11:022018
---
SPECIAL CONO/7YOIrS
37. Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the Notional historic Preservation Act, and other related federal environmentat
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by
the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being
specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a
subrecipient, or any third party, and the activity neck to be undertaken in order to use dime award funds, this condition
most first be met, The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically 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 Eating on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program, involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, memetional, or
education environments; and
e. implementation of a program relating to clandestine methamphetarnine laboratory operations, including the
identification, seizure, or closure of clandestine methamphemmine laboratories.
The recipient understands mid agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental bupact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of Mitigation Plan, as detailed at hops:/Na.gov/Funding/nepa.html, for
programs relating to methamphetamine luboramry operations.
Application of This Condition to Recipient's Existing Programs or Activities: Foranyoftherecipietresorits
suhrecipients•' exisdng programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of national orprogram enviromnental
assessment of that funded program or activity.
38. Establishment of trust fund
If award funds are being drawn down in advance, the recipient for a subrecipient, with respect to a subaward) is
required to establish a trust fund account. (The trust fund may or may not be an interest -hearing account.) The fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Syme Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate ttre award
funds in the bust 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 rammed to OJP at
the time of closeout.
DIP FORM MM2 (REV. 4.88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJEUr NU.NMER 2017-0f-RX-0990
AWARD CONTLNUATION
SHEET
Grant
.AWARD DATE 11102/2019
SPECLIL CONDITIONS
39. Prohibition on use of award funds for match under BVP program
PACE 13 OF 21
JAG funds maybe used to purchase vests form agency, but they may not be used as the 50° o match For purposes of the
DOJ Bulletproof Vest Partnership (BVP) program.
40. Certification of body armor "mandatory wear" policies
The recipient agrees to submit a signed certification that all law mincemeat agencies receiving body armor purchased
with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep sign d
certifications m file for any subreeipients planning to utilize funds from this award for ballistic -resistant and stab -
resistant body armor purchases. This policy most be in place for at least all unifanned officers before say funds from
this award may be used by an agency for body mount. There are no requirements regarding the nature of the policy
other than it be a mandatory wear paticy for all uniformed officers while on duty.
41. Body armor- compliance with ND standards
Ballistic -resistant and stab -resistant body armor pumhased with JAG award funds maybe purchased at any threat
level, make or model, from any distributor ormanufacmrer, as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List (hups.41nij.govi). In addition, ballistic -resistant and stab -resistant body armor purchased must be
American -made. The latest NlJ standard information can be found here: https:/lrij.govlwpicsimchuologyftdy-
armor/pagesrsafety-irchiativempz.
42. Required monitoring of subawards
The recipient most monitor sub ovards under this JAG award in accordance with all applicable statutes, regulations,
award conditions, and the DO] Grants Financial Guide, and most include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight ofsubrocipient 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.
43. Reporting requirements
The recipient most submit quarterly Federal Financial Reports (SF-425) and semi -am all performance reports through
OJP's GMS (https://grarts.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that
measure the results of its work The recipient must submit quarterly performance metrics reports through BJA's
performance Measurement Toot (PMT) website (www.bjaperfonnaocemols.mg). For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpagc. Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
44. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly
accountability metrics data [elated to training that officers have received on the use of font, mcial and etludc bins, dc-
escalationof conflict, and constructive engagement with the public.
DIP FORM4neal2 (REV. "a)
U.S. Department of Justice
Office ofJuticeProgmrns AWARD CONTINUATION
I Bureau of Justice Assistance SHEET PACE 14 OF 21
Grant
PRO]ECTNWIBFR 2017-131-BX-0990 AWARD DATE I1/e7JZ013
SPECL4L CONDMONS
45. Prohibited Expenditures List
Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or
acquisition, including as the list may be amended from time to time. The Prohibited Expenditure List may be accessed
here: bttps://www.bjagov/fundlny4AGContmiledPumhaseList.pdf
46. Controlled expenditures - prior written approvul required
Award funds may not be used for items that are listed on the Controlled Expenditure List at the time ofpumhase or
acquisition, including as the list may be amended from time in time, without explicit written prior approval from BIA,
The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions we set out at
https://www.bja.gov/funding/jAGContmIledP=hmeList.pdf
47. Controlled expenditures- incident reporting
If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of
purchase or acquisition, including as the list may be amended farm time to time, the agency most enllact and retain (for
at Icast 3 years) certain information about the use of— (1) any federally -acquired Controlled Equipment in the
agency's inventory, and (2) any other controlled equipment in the same category as the federally -acquired controlled
equipment in the agency's inventory, regardless ofsource; and the agency must make that information available to BIA
upon request. Details about what information must be collected and retained arc set out at https:/Iojp.govi'doca/LE-
Equipment-W G-Final-Report.pdf.
48. Sale of items on Contnlled Expenditure List
Notwithstanding the provision of the Port 200 Uniform Requirements set out at 2 C.F.R. 200.313, no equipment listed
on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party,
except as described below:
a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement
Agency (LEA) after obtaining prior written approval from BIA, As a condition of that approval, the acquiring LEA will
be required to submit information and certifications to BIA as if it were requesting approval to use award funds for the
inido] purchase of items on the Controlled Expenditure List,
b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award.
c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAS, with the
exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or
sale is finalized, the agency must obtain prior written approval farm B1.A. All law enf rmement-related and other
sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be
removed prior to transfer or sale.
The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with
award funds, and must abide by any applicable laws (including regulations) in such disposal.
49. Prohibited or controlled expenditures - Effect of failure to comply
Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of my
further approvals ofcontrolled expenditures under this or other federal awards.
OUP POR.Sl4ceaR fREV.4-88)
,- U.S. Department of Justice
Office of JusticeProgrums AWARD CONTINUATION
j I Bureau of Justice Assistance SIM,ET PAGe 15 OF 21
Grant
PROIECTNUMBER 2017-DI-nX-0990 .AWARD DATE 11102,201s
50. Contralled expenditures - Standards
SPECIAL CONDITIONS
Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency that acquires continued
equipment with award hmds must adopt robust and specific written policies and protocols governing General Policing
Standards mid Specific Controlled Equipment Standards. Germml Policing Standards includes policies on (a)
Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific
Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment;
(b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (a) Transparency and Notice
Considerations. Upon OJP's request, the recipient must provide a copy of the General Policing Standards and Specific
Controlled Equipment Standards, and any related policies and protocols.
5 L Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016
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, 2016), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a
mhiinum— (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjusmrcrallotice). (A withholding condition is a condition in the award document 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 ",f-
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 incurred prior 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 subrecipieat at any tier) to use award
funds to "supplant" State 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.
52. "Certification of Compliance with 8 U.S.C. 1373" required for valid award acceptance by a unit of local government
In order validly to accept this award, the applicant local government most submit the required "Certification of
Compliance with 8 U.S.C. 1373" (executed by the chief legal officer of the local government), Unless that executed
certification either— (1) is submitted to OR together with the fully-execured award document, or (2) is uploaded in
OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a unit of local
government that purports to accept the award is invalid.
If an initial award -acceptance submission by the recipient is invalid, once the unit of local government does submit he
necessary certification regarding 8 U.S.C. 1373, it may submit a fully -executed award document executed by the unit
of local government on or after the date of that certification.
For purposes of this condition, "local government" does not include any Indian tribes.
OJP FORM 4000"1(REV. 4.88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROIECTNUhIBER 2017-Dr-BX-0990
AWARD CONTINUATION
SHEET _ PAGE 16 OF 21
Grant
AWARD DATE 11/0S2018
SPECLAL COND177ONS
53. Ongoing compliance with 8 U.S.C. 1373 is required
1. 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 pmfoonence for the award, 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 six described in 8 U.S.C. 1373(a); or
(2) a govemmant entity or -agency fium sending, requesting or receiving, maintaining, or exchanging iaformation
regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of this award, any prohibition (or
restriction) that violates this condition is an "information -communication restriction."
2. Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a
"public" institution of higher education, unless it fin[ obtains a certification of compliance with 8 U.S.C. 1373, properly
executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the
appropriate farm available at https://olp.govtfunding/ExplorelSmupleCerdficadom-SUSC1373.litm. Similarly, the
recipient most require that no subreeipient (at any ter) may make a further subaward to a State or local government or a
"public" institution of higher education, unless it first obtains a certification ofcompliance with 8 U.S.C. 1373, properly
executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward, using the
appropriate OJP form.
3. The recipient's monitoring responsibilities include monitoring afsubrecipient 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 that such costs are not reimbursed under any other federal program, award funds may be obligated (including for
authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any
submuipient at any tier that is a Slam or local government or a "public" institution of higher education, incurs to
implement this condition.
S. Rules of Consuuction
A, For purposes of this condition:
(1) "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 one that is owned, controlled, or directly funded by a State or local
government.
(3)'Trogmm 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 for purposes of 8 U.S.C. 1373 (Illegal Immigration Refomm and
Immigrant Responsibility Act of 1996); and tents that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act)
mean what they memm under that section 1101, except that the term "Stale" also shall include American Samoa (ef. 42
U.S.C. 901(a)(2)).
(5) Pursuant in the provisions set out at (or referenced 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 are to be mad us references to
particular components of the Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any suhrmipient at any Her, any
State or local government, any "public" institution of higher education, or any other entity (or individual) m violate any
federal law, including any applicable civil rights or nondiscrimination law.
02 FORM 400012 (REV. 4-88)
U.S. Department of Justice
Office of Justice Pmgrams
tt Bureau of Justice Assistance
PROJECTFFLP,aFR 2017.DJ-aX-0990
AWARD CONTINUATION
SHEET
Grant
AW"D DATE IIN212018
SPECIAL CONDITIONS
PAGE fl OF 21
IMPORTANTNOTE: Any questions about the meaning or scope o f this condition should be directed to OJP, before
award acceptance.
54. Authority to obligate award funds contingent on compliance with 8U.S.C.1373. unallowablecosts; obligation to notify
A. time of the obligation, the "program or activity" of the
recipient (or of any subrecipient at any tier that is a either a Stale or unit of local government or a "public" institution of
higher education) that is funded in whole or in part with award funds is subject to any "information -communication
restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if — at the time it incurs such costs — the "program or activity" of the recipient (or ofany
subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education)
that would be reimbursed in whole or in part with award funds was subject to any "information -communication
restriction."
C. Any drawdewn of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the dale the recipient requests the drawdewn, the recipient and all subrecipients
(regardless oftier) are incompliance with 8 U.S.C. 1373,
D. The recipient must promptly notify OR (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, lies credible evidence that indicates that the funded "program or activity" of the
recipient, or of any subrecipient at any tier that is either a Stole or local government or a "public" institution aIhigher
education, may be subject to any "information -communication restriction." In addition, any subaward (at any tier) to a
subrecipient that is either a State or a local government or a "public" institution of higher education must require
prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an
"infonnatiomcommunicalion restriction."
?. Any subaward (at any tier)to, subrecipi,muell is either I State ora local government or a"public" institution of
higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the
"program or activity" of the subrecipient (or of any further such subrecipient at any tier)that is funded in whole or in
part with award funds is subject to any "information -communication restriction."
3. Absent an express written determination by DOI to the contrary, based upon a finding by DOI of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award In making any
such determination, DOI will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required."
J- Rules of Construction
A. For purposes of this condition"information-communication restriction" has the meaning set out in the award
condition entitled "Ongoing compliance with 8 U.S-C. 1373 is required."
B. Both the "Rules ofConstmctiao" and the "Important Note" act out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
OJP FORM 40ON2 (REV. 449)
U.S. Department of Justice
Office ol'Justice, Programs ANVARD CONTLNUATION
'':' Bureau of Justice Assistance SHEET PAGE 18 OF 21
Grant
PROIECTNTJMBER 2017-DJ-BX-0990 AWARD DATE llio 2ota
SPECIAL CONDITfO,NS
55. Required State -level rules or practices related to aliens; allowable costs
The following previsions apply w the recipient of this award, if the recipient is a Slate government, and also apply to
any State -government suhrecipient at any tier (whether or not the recipient is a State government). j
1. Requirements
With respect to the "program or activity' that is fimded (in whole or in part) by this award, as of the date the recipient
accepts this award, and throughout the remainder of the period of performance for the award --
A. A State statute, or a Stare rate, -regulation, -policy, or -practice, must be in place that is designed to ensure that
agents of the United States acting under color of federal law in fact are given to access any State (or State -contracted)
correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such
agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States.
B. A State statute, or a State rate, -regulation, -policy, or -practice, must be in place that is designed to ensure that,
when a State (or State -contracted) connectional facility receives from DHS a formal written request authorized by the
Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien
in such facility, then such facility will honor such request and — as early as practicable (see pans. 4.1f, of this
condition) — provide the requested notice to DHS.
2. Monitoring
The recipient's monitoring responsibilities include monitoring ofsubrecipicnt compliance with the requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs
are not reimbursed under nay other federal program, award funds may be obligated (including for authorized
reimbursements) for the reasonable, necessary, and allocable costs (if any) of--- (1) developing and pulling into place
statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in
para. LA. above, and (3) honoring any request from DHS that is encompassed by para. I.B. above.
4. Rules of construction
A. For purposes of this condition—
(1) the term "alien" means what it means under secfioa 101 of the Immigration and Nationality Act (see 8 U.S.C,
1101(a)(3)).
(2) tire term "correctional facility" means what it means under die Title I of the Omnibus Crime Control and Safe
Streets Actof 1968 (sec 42 U.S.C. 3791(a)(7)).
B. Nothing in this condition shall be understood in authorize or require any recipient, any subrecipient at any tier, any
State or local government, or anv other entity or individual to maintain (or detain) any individual in custody beyond tire
dale and time the individual would have been released in the absence of dds condition.
Current DHS practice is ordinarily to request advance notice of scheduled release "m early as practicable (at least 48
hot=, if possible)." (See DHS Form 1-247A (3/17)). In the event that (e.g., in light of the date DHS made such request)
the scheduled release date and time for an alien are such w not to permit the advance notice that DHS has requested, it
shall nut be a violation of this condition to provide only as much advance notice ss practicable.
DIP FOabt 40M (REV. 488)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET _ PAGE t9 OF 21
Grant
PROTECT NUMBER 2n17-OI-a\-0990 AWARD DATE 1V0212018
SPECLIL CONDITIONS
NOTE: Current DHS practice is rouse one form (DHS Form 1-247A (3/17)) for two distinct purposes -- to request
advance notice of scheduled release, and to request that an individual be detained for up to 48 from AFTER the
scheduled release. This condition imposes NO requirements as to such DHS requests for detention.
C. Both the "Rules of Cunstmction" and the "important Note" set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
56. Required local -government -level rules or practices related to aliens; allowable costs
The following provisions apply m the recipient of this award, if the recipient is a unit of local government, and also
apply to any local -government subrecipient of this award at any tier (whether or not the recipient itself is a mdt of local
government).
1. Requirements
With respect to the "program or activity" that is funded (in whole or in pan) by this award, as of die date the recipient
accepts this award, and throughout the remainder of the period of performance for the award --
A. A local ordinance, -rate, -regulation, -policy, or -practice (or an applicable State statute, -nle, -regulation, -
poliey, or -practice) must be in place that is designed to ensure that agents of the United States acting under color of
federal law in fact are given access a local-govemmmi, (or local -government -contracted) correctional facility for the
purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to
inquire m m such individuals' right to be or remain in the United Seems.
B. A local ordinance, mle, -regulation, -policy, or -practice (or an applicable State statute, -mle, -regulation, -
policy, or -practice) most be in place that is designed to ensure dial, when a local -government (or local-goverament-
contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and
Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility,
Wen such facility will honor such request and -- as early as practicable (see "Ruin of Construction" incorporated by
pare. 4.13, of this condition) -- provide the requested notice to DHS.
2. Monitoring
The recipient's monitoring responsibilities include monfmring ofsubrecipicat compliance with We requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs
are not reimbursed under any other federal program, award funds may be obligated (including for authorized
reimbursements) for the reasonable, necessary, and allocable costs (if any) of— (1) developing and putting into place
statutes, ordinances, rules, regulations, policies, and practices to satisfy this condition, (2) permitting access as
described in pam. I.A. above, and (3) honoring any request from➢HS that is encompassed by para. 1. B. above.
4. Rules of construction
A. The "Rules of Concoction" and the "Important Note" set out in the award condition entitled "Ongoing compliance
with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
B. The "Rules of Construction" set out in the award condition entitled "Required State -level rules or practices related
to aliens; allowable costs" are incorporated by reference as though set forth here in full.
011' FORbI 4000l? (REV.4-sa)
U.S. Department of Justice
Office of Justice Prograrns AWARD CONTINUATION
t. s f- ,1 Bureau of Justice Assistance SHEET PAGE. 20 OF 21
Grant
j PROJECTNUMBER 2017-MRX-0990 - AWARD DATE 11/0212018
SPECLIL C'OADMOA'S
57. Usaof 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 under this award may be entered or uploaded into my non-govemmental 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 profiles may
be accepted for entry into CODIS.
58. Encouragement of submission of"success stories"
BJA strongly ancoun gea the recipient to submit annual (or more frequent) JAG success stories. To submit a success
story, sign in to a My BJA account at fittps://www.bj&gov/Login.aspx to access the Success Story Submission limn. if
the recipient does act yet have a My BJA account, please register at https://www.bja.govlpmfile.aspx. Once registered,
one of the available areas on the 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 web
page at https://lvww.bje.gow5uccessStoryList.upx.
59. Requirement in disclose whetherrecipient is designated "high risk" by a federal grant -making agency outside ofDOJ
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 most disclose that fact and certain related
information to OJP by email at OJP.ComplimeaReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversightdue to the recipient's past
performance, or other pmgrarnmage or financial concerns with the recipient. The recipient's disclosure must include
the following: L The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency.
60. Reclassification of various 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 Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OR awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Tide 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
61. Withholding of funds: Required certification from the chief executive of the applicant govemateat
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 Government; properly -executed (as
determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
OR FORh1400012 (REV. 4-89)
U.S. Depamnent of ustice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET
Grant
PROJECT RIlb1DER 2017-DJ•aX.0990 AWARD DATE IllOYSmB
SPECIAL CONntTroNS
62. Withholdingoffands: MemormilumofUnderstandmit
PACE 21 OF 21
The recipient may not obligate, expend, or dmw dawn 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.
63. Withholding of funds: Budget narrative
The recipient may nut obligate, expend, or draw down any award funds until t recipient submits, and OJP reviews
and accepts, the budget narrativz for the award, end a Grant Adjustment Notice (GAN) has been issued to remove this
condition.
64. Withholdingof funds: Disclosureofpendingapplications
The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided in the grant manager
ur
for this OR award either an "applicant disclose of pending applications" for federal funding or a specific af'Srmative,
statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed
instructions in the program solicitation, (2) OR has completed its review of the information provided and of any
supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require
to prevent or eliminate any inappropriate duplication offunding (e.g, budget modification, project scope adjustim d),
(4) if appropriate adjustments to a discretionary award cannot be made, the recipient has ag
reed greed r writing to any
necessary reductionofthe award amount in any remove Lhil ant it prevent duplication (as determined by OJP), and
(5) a Grant AdjustnentNotice has been issued t remove thi9 condition.
65. No funds under this award maybe provided to the City of Santa Ana unless and until (I) the recipient and the City of
Santa Ana have submitted additional material to OR 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) OR issues a Grant
Adjustment Notice (GAN) to modify or remove this condition
O1P FORM 4000t2 (REV. 4-88)
U.S, Department of Justice
Offence of Justice Programs
Bureau of Justice Assistance
shingmn. OX, 20531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of
Orange
The Edward Byrne 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 fast determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis ate:
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 a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphea mine 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://www.bja.gov/Funding/nepa.html,
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
of
oWic Department raoa, Justice GRANT MANAGER'S MEMORANDUM, PT.1:
OBicc uflusdce Pmgmms
;.� Bureau of Justice Assistance PROJECT SUMMARY
Grant
PRUIDCF NUMBER �
2017-1)J.BX-0990 PAGE I OF 1
This Project is suppannd under FYll(BJA-JAG State and MGLocal Tsdn[oCPub.LYv 90. __.__..._ _.._hiding
6 art I of t E odified at 42 U.S C. 3750- ) 7A (genervity mdi tied at 42 U.S C. 3711- 3]97Ff 5) including
P Far (c I]58), am also 28 U.S.C. 530C(a).
I. STAFF CONTACT (Name & telephone number)
Nfclmric Davis
pal) 303.7944
2. PROJECT DIRECTOR (➢ewe, address & telephone number)
Nna,y Nguyen
Grant Manager
10 Civic Canter Plaza
Orange, CA 92968-3303
(714) 935-6869 vxt6869
3a. TITLE OF THE PROGRAM
BJ.A FY 17 Edwud Byme, Memorial Justice Annsume, Grant (JAG) Pmgmm - Local Solicuslion
4. TITLE OF PROJECT
Outage County Area FYI JAG Project
5 NAME & ADDRESS OF GRANTEE.
County ofOmnge
10 Civic Center Plaza
Santa Ann, CA 52701
31, POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
6. NAVE & ADRESS OF SUBCRAYTEE
7. PROGRAMPERIOD 8. BUDGET PERIOD
FROM: 10/01.2016 TO: 0913RCO20 FROM: ' 10101,2016 TO: D9/30R020
9. AMOUNT OF AWARD .__.
10. DATEOF AWrUtD
8716,349 1110220IS
11. SECOND YEAR'S BUDGET --__D --"""'----
12.SECOND YEAR'S BUDGET AMOlP1T
IJ THBiD YFAIt'S HUI)GET PERIOD 14. THIRD YEAR'S BUDGET ADt0UMr
IS. SUMM.ARYDESCRIPTION OF PROJECT (See Instruction ov reversz) -�- �-"---""--'
The Edward Byron Wzmorial Jtu i" Assistavcc Grant Program (JAG) Arava states and onus of local goverear at, including vibes, m supporta broad mage of
criminal justice related activitles based on their awn state and Iecai needs and conditiom. Omni funds can be used for state and Inral initi.d., technical assistance,
valuing. Personnel, equipment, supplim, contractual suPPnn. and information systems for crimiawljusdce, including for anyone ormore of die fo0owing Purpose
areas:1)let eent and enfpromentI2)races; )Pla endco-'thrum,a;3)preventionandeducation programs;4)nmrecdam and community correcdothprograms;
5) drug treatment and enforcement orogmram 6) Planning, law cafe e, and technology impmvemear programs; 7) came victim and witness programs (other returns.
compcnsavon); and 9) meaml health Programs and related law enforcement and mmedovs programs, including hehavioml pmgmms and crisis iumrvnudon teams.
This Local JAG award win be shared by the Ceuaq mul one or more jusisdic6mu identified as dispumm within the court, Feast Year eligibility list
(wsvw. bjagov/Jag). JAG funding will be used to eup,un mimbul jusace initiatives door fall under one or more of the allowable program areas aban, Any
OIP FORM 4000.2 (REV 4-99) _.. _...._ _____—__ ___ ___.....___..._.__.
uuipmem purchases or funded'mitiadvcs such az u.cnimc, msk Fortes, dmg ProbRains, intb�mation shorins, es, will ha aimed at reducing crime audbr e,d..in
puhliw.frimr safety.
NCr NCF
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 local 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. 1 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 Ramnwar4
i
Signature of Chief Execuu� the Applicant Unit of
Local Government
Printed Name of Chief Executive
Name of Applicant Unit of Local Government
ATTEST
? Daisy Gomez, MMC
Clerk of the Council
Date of Certi�fjcation
of Chief Executive
Rev. August 22, 2018
or�arvn�o n io A --A nit.
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Legal Notices: Special circumstances as to particular award conditions
FY 2017 and FY 2018 JAG Award Special Notices
Special Notice Re: FY 2017 Byrne JAG award conditions 52-56 to the following:
State of New York and political subdivisions of New York
State of Connecticut and political subdivisions of Connecticut
State of New Jersey and political subdivisions of New Jersey
State of Rhode Island and political subdivisions of Rhode Island
State of Washington and political subdivisions of Washington
Commonwealth of Massachusetts and political subdivisions of Massachusetts
Commonwealth of Virginia and political subdivisions of Virginia
City of New York
At present, DOJ's authority to require compliance with Award Conditions 52 through 56 In FY 2017 JAG awards to
the foregoing jurisdictions is the subject of pending litigation. Accordingly (and consonant with Award Condition 1),
DOJ has determined that, at this time, it will not use or enforce those conditions In FY 2017 JAG awards to the
foregoing jurisdictions. If the posture of the pending litigation changes (or if the pending litigation is resolved) in a
manner that would permit DOJ to use or enforce any or all of Award Conditions 52 through 56 in the FY 2017 JAG
awards to the foregoing jurisdictions, then DOJ will provide them with specific, formal, written notice of DOD's Intent
to use or enforce those Conditions following the notice. During the period in which Award Conditions 52 through 56
are not used or enforced pursuant to this Special Notice, the FY 2017 Byrne JAG —Chief Legal 001cer Certification
of Compliance with 8 U.S.C. § 1373 shall not be required of the foregoing jurisdictions.
Special Notice Ste: FY 2017 Byrne JAG award conditions 52_56 and Cailfornia: At present, DOJ's authority to
require compliance with Award Conditions 52 through 56 in FY 2017 JAG awards to the State of California and
jurisdictions within that. State is the subject of pending litigation. Accordingly (and consonant with Award Condition 1),
DOJ has determined that, at this time, it will not use or enforce those conditions in FY 2017 JAG awards to California
or its political subdivisions. If the posture of the pending litigation changes (or if the pending litigation is resolved) h a
manner that would permit DOJ to use or enforce any or all of Award Conditions 52 through 56 in the €Y 2017 JAG
awards to the State or its subdivisions, then DOJ will provide them with specific, formal, written notice of DOSS intent
to use or enforce those conditions following the notice. During the period In which AwardConditions52 through 56
are not used or enforced pursuantto this Special Notice, the FY 2017 Byrne JAG —Chief Legal Officer Certification
of Compliance with 8 U.S.C. § 1373 shall not be required of California or its political subdivisions.
Special Notice Re: FY 2018 Byrne JAG award conditions 4143 and 45.47 to the following:
State of ifm.ots
State of California and political subdivisions of California
City of miiedefphlat
CSty of Chicago and IYs disparate -group slTbreclplat
At present, DOTS authority to require compliance with Award Conditions 41 through 43 and 45 through 47 in FY
2018JAG awards to the foregoing jurisdictions is the subject of pending litigation. Accordingly (and consonant with
Award Condition 4 DOJ has determined that, at this time, it will not use or enforce those conditions in FY 2,048 JAG
awards to these jurisdictions. If the posture of the pending litigation changes (or if the pending litigation is resolved) in
a manner such that DOJ decides to use or enforce any or all of Award Conditions 41 through 43 and 45 through 47 in
the FY 2018 JAG awards to the foregoing, then DOJ will provide them with specific, formal, written notice of DOJ's
intent to use or enforce those conditions following the notice. During the period In which Award Conditions 41 through
43 are not used or enforced in an award to a jurisdiction pursuant to this Special Notice, the FY 2018 Byrne JAG
Certification of Compliance with 8 U.S.C. §§ 1373 & 1644 shall not be required of that jurisdiction; and during the
period in which Award Conditions 45 through 47 are not used or enforced in an award to a jurisdiction pursuant to
this Special Notice, the FY 2018 Byrne JAG —Certification Relating to 8 U.S.C. §§ 1226(a) & (c), 123tM, 1324(a),
1357(8): It 1368(1) & (3) shall not be required of that jurisdiction.
Special Notice Re: FY 2018 Byrne JAG award conditions 4546 to the following:
State of Indiana and political subdivisions of Indiana
State of Wisconsin and political subdivisions of Wisconsin
political subdivisions of State of Illinois, other than Chicago (and its disparategroup
subrecipients)
At present, DOJ's authority to require compliance with Award Conditions 45 and 46 In FY 2018 JAG awards to the
foregoing jurisdictions Is the subject of pending litigation. Accordingly (and consonant with Award Condition 1). DOJ
has determined that, at this time, it will not use or enforce those conditions in FY 2018 JAG awards to these
jurisdictions. If the posture of the pending litigation changes (or if the pending litigation is resolved) in a manner such
that DOJ decides to use or enforce either or both of Award Conditions 45 and 46 in the FY 2018 JAG awards to the
foregoing, then DOJ will provide them with specific, formal, written notice of DOJ's intent to use or enforce those
conditions following the notice. During the period in which Award Conditions 45 through 46 are not used or enforced
in an award to a jurisdiction pursuant to this Special Notice, the FY 2018 Byrne JAG Certification Relating to 8 U.S.C.
§§ 1226(a) & (c), 1231(a), 1324(a), 1357(a), & 1366(1) & (3) shall not be required of that jurisdiction,
FY17 Byrne JAG Extension: Recently, a preliminary injunction was issued relating to the "section 1373," "notice,"
and "access" award conditions that are contained in FY 2017 Byrne JAG awards. As a result, the Department is
currently enjoined from enforcing those award conditions in FY 2017 Byrne JAG awards made to members of the
U.S. Conference of Mayors. In order to afford the Department time to evaluate its options and provide guidance
regarding that preliminary injunction, the Department is extending the deadline to accept FY 2017 Byrne JAG awards
to October 5, 2018. This extension applies to all recipients of FY 2017 Byrne JAG award documents, whether or not
they are covered under the terms of the preliminary injunction (as members of the U.S. Conference of Mayors).
Special Notice Re: FY17 Byrne JAG award conditions 5246: At present, DOTS authority to require compliance
with Award Conditions 52 through 56 in FY 2017 JAG awards to members of the United States Conference of
Mayors is the subject of pending litigation, Including a preliminary Injunction. Accordingly (and consonant with Award
Condition 1), DOJ has determined that, at this time, it will not use or enforce those conditions In FY 2017 JAG
awards to such members. If the posture of the pending litigation changes (or if the pending litigation is resolved) in a
manner that would permit DOJ to use or enforce Award Conditions 52 through 56 in the FY 2017 JAG awards to
such members, then DOJ will provide those recipients of FY 2017 JAG awards that are such members with specific,
formal, written notice of DOJ's Intent to use or enforce those conditions fallowing the notice.
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