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Home My WebLink About11. Accept Edward Byrne Memorial JAG FY 2019 Program Local SolicitationID . CityofDowney AGENDA MEMO Item No. APPROVED ElY CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: DEAN R. MILLIGAN, CHIEF OF POLICE DATE : OCTOBER 22, 2019 SUBJECT: ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUST GRANT FY 2019 LOCAL SOLICITATION RECOMMENDATION That the City Council accept the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $25 ,351. DISCUSSION JAG is a partnership among federal , state and local governments to create safer communities. JAG was created in 2004 by Congress to streamline justice funding and administration. In previous years , JAG has been used to provide funding for officers who work the Neighborhood Preservation Program , as well as for community education programs and special overtime programs aimed at crime suppression and prevention . Funding for this grant will be used for special overtime programs such as Crime Impact and Neighborhood Preservation that target specific crime trends , i.e., street robberies , auto theft and burglary . The first step in the JAG application process is to obtain City Council approval to submit for the grant. City Council granted the department this permission at the August 13 , 2019 , City Council Meeting . The second step is to submit the application which was done after receiving permission . On September 24 , 2019 , our department received notice of approval. FISCAL IMPACT There is no impact to the general fund. This grant has no matching fund requirement. CITY COUNCI L PRIORITIES Fiscal Responsibil ity Efficiency & Adaptability Quality of Life , Infrastructure & Parks Public Engagement ATTACHMENTS Attachment A - U .S . Department of Justice Approval Letter Attachment B -Edward Byrne Memorial Justice Assistance Grant U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General September 24, 20 I 9 The Honorable Rick Rodriguez City of Downey 11111 Brookshire Avenue P.O. Box 7016 Downey, CA 90241 Dear Mayor Rodriguez: Washington , D.C. 20531 On behalf of Attorney General William P. Ban-, it is m y pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 19 Edward B yrne Memorial Justice Assistance Grant (JAG) Program • Local Solicitation in the amount of$25,53 I for Ci ty of Downey . Enclosed you will find the Grant Award and Special Conditions documents. 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 wi11 be subject to termination for cause or other administrative action as appropriate. If yo u have questions regarding this award, please contact: -Program Questions, Linda Hill-Franklin, Program Manager at (202) 514-0712; and • Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj .gov. Congratula tions, and we look forward to working with you. Sincerely, II j /!_J·tii,-t'------- v Katharine T. Sullivan Principal Deputy Assistant Attorney General Enclosures ATTACHMENT A September 24, 2019 The Honorable Rick Rodriguez City of Downey 111 11 Brookshire Avenue P.O. Box 7016 Downey, CA 90241 Dear Mayor Rodriguez: U.S. D epartment of Ju stic e Office of Justice Programs Office of Civil Rights Washington , DC 20531 Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (O JP), U .S. Department of J us t ice (D OJ) has been de legated t he responsibi lity for ensuring that recipients of federa l financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comp ly with those laws . In addition to those civil rights laws , many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rig hts laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequire ments.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, e ntities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria . These reviews and aud its permit the OCR to evaluate whether recipients of financial assistance from the Department are prov iding services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenil e Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection wi th t he awards : (I ) comply ing with t he regulat ion relating to Equal Emp loymen t Opportun ity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42 .204(c), .205(c)(5). Please submit information a bout a ny adverse finding to the OCR at the above address. We at the OCR are availab le to he lp you and your organization meet the civi l rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civi l rights or nond iscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to Jet us know. Sincerely, Michael L. Alston D irector cc: Grant Manager Financial Analyst U.S. Dep artment of Ju stice Office of Justice Programs I j PAGE I -----B-u-mu of Justice Assis~:___ _ ______ G_r_a_n_t------~- I. RECIPIENT NAME AND ADDRESS (Incl uding Zip Code) City of Downey 11111 Brooksh ire Avenue P.O. Box 7016 Downey, CA 9024 1 ' I 4. AWARD NUMBER: 20 I 9-DJ-BX-0530 I 1 s. PROJECT PERIOD: FROM I BUDGET PERIOD: FROM ~. AWARD DATE 09/24/2 019 10/01 /2018 TO 10/01 /2018 TO 09/30/2022 09/30/2022 7. ACTION OF 29 ~---·------------------------· J 2a . GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER Initial i 1 __ 9_51?_!!~2_7_____________________ oo I I 2b . GRANTEE DUNS NO. +--------·----------~----------<, I 614388841 9.PREVIOUSAWARDAMOUNT $0 i 3.PROJECTTITLE F oUNTOFTHISAWARD $25,531 I I Proactive Engagement and Crime Suppression I F TOTALAWARD~ $25,531 1 12. SPECIAL CONDITIONS THE ABOVE GRANT PRO JECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORJTY FOR GRANT This project is supported under FYl9(BJA -JA G State and JAG Local) T itle I orPub. L. No. 90-351 (generally codified at 34 U.S.C . 10151-10726), including subpart I of part E (codified at 34 U.S.C. 10151 -10158); see also 28 U.S.C. 530C(a). 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 -Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS I AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL I I 8. TYPED NAME AND TITLE OF AUTHORJZED GRANTEE OFFIC IAL Katharine T. Sullivan I Rick Rodriguez Principal Deputy Assistant Attorney General Mayor I ! 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORlZED RECIPIENT OFFICIAL 19A. DATE 11 [t :·i:/Vl/\ _____ AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. UDJUGT090I FISCAL FUND BUD . DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT I X B DJ 80 00 00 25531 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE . OJP FORM 4000/2 (REV. 4-88) I ATTACHMENT B r----------------------·-------------------~---------~ U.S . Depattment of Justice Office of Justice Programs Bureau of Justice Assistance AW ARD CONTINUATION SHEET Grant PAGE 2 OF 29 -·-----~------------------~---------- PROJ ECT NUMBER 2019-DJ-BX-0530 AWARD DATE 09/2 4/2019 -----··----- SPECIAL CONDITIONS l. Requirements of the award ; remedies for non-comp I iance or for materially fa lse statements The conditions of this award are material requirements of the award. Compliance w ith any assurances or certifications sub m itt ed by or on behalf of th e recipient that relate to conduct during the period of performance also is a material requirement of th is award . By signing and accep tin g thi s award on behalf of the recipien t, the authorized recipient officia l accepts all material requireme nts of the award , and spec ifically adopts all such assurances or certificat ions as if personall y executed by the au th o ri zed recipient official. Failure to comply with any one or more of these award requirements --whether a condition set out in ful l below, a condition incorporated by reference below, or an assurance or certification relate d to conduct during th e award period - -may resu lt in the Office of Justice Programs ("O JP ") taking appropriate act ion with respect to the recipie nt and th e award. Among ot her thin gs, the OJP may withho ld award funds, di sa llow costs, or suspend or terminate the award. The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal ac tion as approp ri ate. A ny materially false, fict iti o us, or frau dul en t state ment to the federal government related to this award (or concealment or omission of a material fact) may be the subject of crimi nal prosecution (includi ng un der 18 U.S.C. I 00 I and/or 16 2 1, and/or 34 U .S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claim s or otherw ise (in cluding u nd e r 31 U.S.C. 3729-3730 and 3801-3812). S hould a ny provi sion of a requi rement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to g ive it the maximum effect pem1itted b y law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from thi s award. 2. App li cabili ty of Part 200 Uniform Requirements The Uniform Adm ini strative Requirements, Cost Princip les, and Aud it Requirements in 2 C.F .R. Part 200, as adopted and supplemented by DOJ in 2 C .F .R. Part 2800 (together, th e "Part 200 U nifo rm Requirements") ap pl y to thi s FY 2019 award from OJP. T he Part 200 Uniform Requirements were first adop ted by DOJ on December 26, 201 4. If thi s FY 20 19 award supplements funds previously awarded by OJP under the same award number ( e.g., funds awarded during or before Decem ber 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regard less of th e award date, and regardless of w hether derived from the initi al award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award. For more in formation and resources o n the Part 200 Unifo rm Requirements as they re late to OJP awards and sub awa rd s ("subgrants"), see the OJP website at https ://ojp.gov/funding/Part200UniformRequirements.htm. Record retention an d access: Records pertinent to the award that the recipient (and any sub recipient ("s ub grantee") at a ny tier) must re tai n --typically for a period of3 years from the date of subm iss ion of the final expend iture report (SF 425), unless a different retention period app li es --and to which the recipi ent (and any sub recipient ("s ub grantee") at any tier) must provide access, include performance measurement information, in addition to the financial records , supp ort in g doc uments, statistical records, and other pertinent records indicated at 2 C.F.R . 200 .333. In the event that an awa rd-related question arises from documents or other materia ls prepared or distributed by OJP th at may ap pear to co nfli ct w ith, or differ in some way from, the prov isio ns of the P art 200 Uniform Requirements, the recipie nt is to contact OJP promptly for clarification. OJP FORM 4000/2 (REV . 4-88) I PROJECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 20 l 9-DJ-BX-0530 A WARD CONTINUATION SHEET Grant AWARD DATE 09/24 /2019 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide PAGE 3 OF 29 References to th e DOJ Grants Financial Guide are to th e DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financia lguide/DOJ /index .htm), including any updated vers ion that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is , moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclas sification encompassed a number of statutory provisions pertinent to OJP awards (that is , OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September I, 2017, any reference in this award document to a statutory provision that has been recl ass ified to the new Title 34 of the U .S. Code is to be read as a reference to that statutory provision as rec lassified to Title 34. This rule of construction spec ificall y includes references set out in award conditions, references se t out in material incorporated by reference through award conditions, and references set out in other award requirements . 5. Requ ired trai nin g for Po int of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financi al Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and gra nt administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January I, 2017, will satisfy thi s condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after --(I) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January!, 2017, will satisfy this condition. A list ofOJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this cond ition is available at https://www .ojp .gov/training/fmts .htm . All train ings that satisfy this condition include a session on grant fraud prevention and detection The recipient s hould anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fai ls to comply w ith this condition. The recip ient's failure to comply a lso may lead OJP to impose additional appropriate conditions on this award. 6. Requirements rela ted to "de minimis" indirect cost rate A recipient that is eligi ble under the Part 200 Uniform Requirem ents and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must adv ise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Unifonn Requirements . The "de minimis" rate may be applied only to modified total direc t costs (MTDC) as defined by the Part 200 Uniform Requirements. OJP FORM 4000/2 (REV. 4-88) U.S. D epa1tment of Ju stice Office of Justice Programs Bureau of Ju stic e Ass ist anc e PRO JECT NUMBER 2019-DJ-BX-0530 ----·---- AW ARD CO NTI NUA TIO N SH EE T Gr ant AWARD DATE 09/24 /2019 SPECIAL CONDITIONS 7. Requ irement to report potentia ll y du plicative funding PAGE 4 OF 29 If the reci p ient currently has other act ive awards of federal funds , o r if the rec ipient receives any other award of federal funds d uri ng t he period of pe rformance for thi s award, the recip ie nt promp tly m ust de te m1 ine w hether fu nd s from a ny of those other federa l awards have been, are being, or are to be used (in whole o r in part) for one or more of th e identical cost items for which funds are provided under th is award. If so, the recip ient must promptly notify the DOJ awardin g agency (O JP or OVW, as a pp ropriate) in writi ng of th e potentia l du p li cation, a nd, if so re quested by the D O J award in g agency, must seek a budget-modification or change-of-project-scope grant adj ustm e nt notice (GAN) to eliminate any inappropriate duplication of funding. 8. Requ irements re la ted to System for Award Management and Universal Identifier Requirements The recipien t m ust comply wit h applicable requiremen ts regarding the System for Award Managem e nt (SAM), cu rrent ly access ible at https://www.sa m .gov/. Th is incl ud es app licab le requi reme nts regarding reg istration with SAM, as well as maintaining the currency of information in SAM. T he recipient a lso m ust comply with appl icable res t ric t ions o n subawards ("s ub grants") to fus t-ti er subr ec ip ie nt s (first-tier "subgrantees"), including restrictions on subawards to entities that d o not acqu ire an d p rov ide (to the recipient) the unique entity ident ifier required for SAM registration. The detail s of th e recipient's obligations re lated to SAM and to unique e ntity identifiers are poste d o n th e OJP web s it e at https ://ojp .gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and U n iversal Ide nt ifier Requirements), and are incorporated by refere nce here. This condition does not apply to an award to an individual who received the award as a natural person (i .e., unrelated to any business or non-profit organization that he or she may own o r operate in his or her name). OJP FORM 4000/2 (REV. 4-88) U.S. Depa1tment of Justice O ffice of Ju st ice Programs Bureau of Justice Assistance A WARD CONTINUATION SHEET Grant I PROJ ECT NUMBER 2019-DJ-BX-0530 AWARD DATE 09/24 /2019 ----------------·---- SPECIAL CONDITIONS 9. Emp loyment eligibility ver ification for hirin g under the award I . The r ec ipient (a nd any subrec ipi e nt at a n y tier) must-- PAGE 5 OF 29 A. Ensure that, as part of the hir ing process fo r any position within the United States that is or will be fun ded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the e mployment eligibility of th e individual w h o is be ing hired, co ns iste nt wi th the provisions of8 U.S.C . 13 24a(a)(l) and (2). B. Notify all persons associated with t he recipient (o r any subrecipient) who are or will be involved in ac ti vities under this award ofboth-- (1) this award requ irement for ve rific ation of e mplo y ment el igibilit y, and (2) the assoc ia ted provisions in 8 U.S.C . 1324a(a)(l) and (2) th at, generall y speaking, make it unlawful, in the United States, to hire ( or recruit for emp loyment) certai n aliens. C. Provide training (to the ex te nt necessary) to tho se persons required by this co ndition to be notified of the award requirement for emp loyment e li g ibili ty verification and of the associated provisions of 8 U.S.C. l 324a(a)(l ) and (2). D . As part of th e recordkeeping for th e award (i nclu d in g purs uant to th e Part 200 Uniform Requi re m e nt s), maintain reco rd s of all e mployment eli gibili ty verific ations perti nent to compliance with thi s award condit ion in accordance with Form I-9 record retention requ irements, as well as records of all pertinent notifications and trainings. 2 . Monitoring Th e recipient's monitoring responsibilities incl ud e monitori ng of sub recip ient compliance wi th this condition. 3. Allowa bl e costs T o the ex te nt that suc h costs a re not reimbursed under any other federa l program, award fu nds m ay be obligated for the reasonable, necessary, and alloca bl e costs (if a ny) of ac t io ns designed to ensure comp li a nce with this condi ti o n. 4 . Ru les of co nstruction A. Staff involved in the hirin g process For purposes of this cond ition, persons "who are or will be involved in ac ti vi ti es under this award " specifica ll y includes (without limitat ion) any and all recipient (or any subrecip ie nt) officials or other staff who are or will be involved in th e h ir in g process w ith respect to a position that is or wi ll be funded (in whole or in pa rt ) with awa rd fund s. B. Employ ment e li gibility co nfirmat ion with E-Verify For purposes of sa ti sfy in g th e require m e nt of thi s co nditi o n regardin g verifi cation of emp loyment el igib ili ty , the recipient (o r any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), prov ided an appropriate person authorized to act o n beha lf of the recipient ( o r subrecipie nt) uses E-Verify (a nd fo llo ws th e proper E -Verify p rocedu res, in cluding in the event ofa "Tentative Nonconfimiation" or a "Final No nconfirmatio n") to co nfirm e mpl oymen t el igibi li ty for each hiring for a pos ition in th e U nited States that is or w ill be fund ed (in whol e o r in part) with award funds. C. "United States" specificall y includes the District of Columbia, Puerto Rico, Guam, the Vi rg in Is lands of the Unit ed States, and th e Commonwealth of the Northern Mariana Islands. D. Nothing in this condition sha ll be understood to autho ri ze o r require any recipient , any subrecipie nt at any tier, or OJP FORM 4000/2 (REV. 4-88) U.S. Depa rtm ent of Ju sti ce Office of Justice Programs Bureau of Justice Assistance AW ARD CONTINUATION SHEET Grant ----·-----·----------------~ PROJECT NUMBER 20 J 9-DJ -BX-0 530 A WARD DATE 09 /24/2019 SPECIAL CONDITIONS PAGE 6 OF 29 any person or other entit y, to viol ate any fe deral law, inc luding any appli cable c ivi l ri g ht s or nondi sc rimin a ti o n law . E. Nothing in th is cond iti on , including in paragraph 4.B., shall be understood to relieve any rec ipi ent, any sub recipient at any ti er, o r any person or other entity , of a ny ob ligation otherwise imp osed by law, including 8 U.S.C. I 32 4a(a)( I ) and (2). Questions about £-Verify shou ld be direc ted to OH S. For more informatio n about £-V e ri fy visit the £-Verify website (https ://www .e-ve ri fy.gov/) or emai l £-Verify at E-Verify@dhs.gov. £-Veri fy em plo ye r agents can e mail£- Verify at E-VerifyEmployerAgent@dhs .gov. Qu estions about the meaning or scope of thi s condition sho uld be directed to OJP , befo re award acceptance. 10. Requ ire ment to report actual or imminent breach of personally id entifi abl e informatio n (PII) The recipient (and any "subrec ipi ent" at any tier) must have written procedures in place to respond in the eve nt of an actua l or imminent "breach" (0MB M-17-12) if it (or a sub recip ient ) --(I) creates, co ll ec ts, uses, pro cesses , stores, mai ntain s, dissemin ates, discloses, or di sposes of"personall y id entifiabl e information (PII)" (2 CFR 200.79) within th e scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system " (0MB Circular A-1 30). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occ urrence of an actua l breac h, or the detection of an imm inent breach. 1 1. All subawards ("s ub grants") mu st ha ve specific federa l authorization The recipient , and any subrecipie nt ("subgrantee") at any tier, must comply with all ap pli cab le requirements for authorization of any subaward. This condition ap pli es to agreements that --for purposes of federal g ra nt s administrative req uirements --OJ P co nsid e rs a "s ubaward" (an d th erefo re does no t consider a p rocuremen t "contract"). The detail s of th e req ui rement fo r au thorizat io n of any sub award are po sted on the OJP we b site at https://ojp.gov/fundi ng/Explo re /SubawardAuthorization.htm (Award condition: All su bawards ("subgrants") must have spec ific federal authorizatio n), and are incorporated by reference here. 12. Specific post-award approva l req uired to use a noncompetitive approac h in any procurement contract that would exceed $250,000 The recipient, and any subrecipie nt ("subgrantee") at a ny tier, must comply with all ap plicab le requirements to obtain specific adv ance approval to use a noncompetitive approach in any procurement contract that would exceed the Simp lified Acquisition Threshold (currently, $250,000). This cond ition ap plies to agree men ts th at --for purposes of fe deral gra nts ad mini strative requ irements --OJP co nsid ers a procurement "contract" (and therefore do es not consider a subaward). The detai ls of th e req uire men t fo r advance approva l to use a noncompetit ive approach in a procu re men t co ntract under an OJP awa rd are posted on the OJP web sit e at https://ojp .gov/funding!Ex pl ore/NoncompetitiveProcurement.htm (Award co nditi o n: Specific post-award ap p rova l required to use a noncompetitive approac h in a procurement contract (if cont ra ct wou ld exceed $250,000)), and are incorporated by refe rence here. OJP FORM 4000/2 (REV. 4-88) r----------·------- U.S. Department of Ju stice Office of Justice Programs Bureau of Justice Assistance A W A RD CONTINUATION SHEET Grant PAGE 7 OF 29 1---------------------- PROJECT NUMBER 2019-DJ-BX-0530 AWARD DATE 09/24/20 19 ------------------- SPECIAL CONDITIONS 13. U nr easonab le restrictions on competition und er the award; assoc iatio n with federa l gove rnm ent SCOPE. This condition applies with respect to any procurement of property or services that is funded (in who le or in part) by th is award, whether by the recipie nt o r by a ny su brec ipi ent at a ny tier, and regardless of the dollar amoun t of the purchase or acquisition, the method of procurement , or the nature of any legal instrument used. The pro vis ions of this condition must be among those included in any subaward (at any tier). I . No disc rimi nation , in procurement transactions, against associates of the federa l gove rnm ent Consis tent w it h the (DOJ) Part 200 Un ifonn Requirements --includi ng as set out at 2 C.F.R. 200.300 (req uirin g awards to be "m anage[d] and admini ster[ed] in a manner so as to ens ure that Federal funding is ex pend ed and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.3 19(a) (genera ll y requiring "[a]ll procurement transactions [to] be conducted in a mann er providing fu ll and open co mp etition " and forbidding practices "restrictive of com pet ition," such as "[p]la cin g unreasonab le requ irements on finns in order for them to qualify to do business" and taking "[a]ny arbitrary act ion in the procurement process")--no recipient (or sub recipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of s uch person or e ntity 's status as an "associate of t he federal governm ent" (or on the basis of such person or en tity's s ta tus as a parent, affil iate, or subsidiary of such an associate), excep t as express ly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDO J. 2. Monitoring The recipient's monitoring responsibilities include monitoring ofsub recipient compliance w ith this condition. 3. Allowable costs To the ex tent th at suc h costs are no t reimbu rsed under an y other federa l program , award funds may be obligated for the reasona bl e, necessary, and alloca bl e cos ts (if any) of actio n s designed to ensure compliance with thi s cond iti on . 4. Ru les of construction A. The tenn "associate of the fede ral government" means any person or entity engaged or employed (in the past or at p resent) by or on behalf of the federal government --as an employee, contracto r or subcontractor (at any tier), grant recipien t or -subrecipie nt (at any ti er), agen t, or otherwise --in undertaking a ny work, project, or ac tivity for or on behalf of ( or in providing goods or services to or on behalf of) the federal govenunent, and incl ude s any app li cant for such employment or engagement, and any person or entity committed by legal instrument to und ertake any such work, project, or ac tivity (or to provide suc h goo ds or serv ices) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrec ipi ent at any tier, or any person or other entity, to violate any federal law , inc luding any applicable civi l rights or no ndi scri min at ion Jaw . OJP FORM 4000/2 (REV . 4 -8 8) U.S. Depa rtment of Ju stice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2019-DJ-BX-0530 AWARD CONTINUATION SHEET Grant AWARD DATE 09/24/2019 SPECIAL CONDITIONS PAGE 8 OF 29 14. Requirements pertaining to prohibited conduct related to trafficking in persons (in cluding reporting requirements and OJP authorit y to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct re lated to the trafficking of persons, whether on the part of recipients, subrecipients ("s ub grantees"), or individuals defined (for purposes of t his condition) as "employees" of th e recipient or of any subrecipient. The detai ls of the recipient's obligations re lated to prohibited conduct related to trafficking in persons are posted on th e OJP web site at https ://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including report ing requirements and OJP a uthority to terminate award)), and are incorporated by reference here . 15. Detennination of su itab ility to interact with participating minors SCOPE. This condition applies to this award if it is indicated --in t he applica tion for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federa l statute --that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https ://ojp.gov/funding/Explore/Interact-Minors.htm (Award co ndition : Determination of su itability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, a nd other events The reci pient, and any subrecipient ("subgrantee") at any tier, must comp ly with a ll applicable laws, regula ti ons, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use offederal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the ru les applicable to this award appears in the DOJ Grants Fi nanci al Guide ( currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicab le written guidance. Data collection supports compliance with the Government Performance and Res ults Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 18 . OJP Training Guiding Principl es Any trainin g or training materials that the recipient --or any subrecipient ("subgrantee") at any tier --develops or delivers with OJP award funds must ad here to the OJP Training Guiding Principles for Grantees and Subgrantees, availab le at https://ojp.gov/funding/lmplement/frainingPrinciplesForGrantees-Subgrantees .htrn. -----·------ OJP FORM 4000/2 (REV . 4-88) ~----------------------- U.S. Department of J ust ice Office of Justice Programs Burea u of Ju st ic e A ssi stan ce PROJECT NUMBER 20 I 9-DJ-BX-0530 A WARD CO N TI NUATION S HE ET G ra nt AWARD DATE 09/2 4/2019 SPECIAL CONDITIONS 19. Effect of failure to address audit issues PAGE 9 OF 29 The recipient understands and agrees that the DOJ awarding age ncy (OJP or OYW, as app ropria te) may w ithhol d award fu nd s, or may impose other related requirements, if(as determined by the DOJ awarding agency) the reci pi ent does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements ( or by the terms of this award), or other outstandi ng issues that ar ise in connection with aud its , investigations, or reviews of DO J awards . 20. Potential imposition of additional requirements The rec ipient agrees to co mp ly with any additiona l req ui rements that may be imposed by the DOJ awa rding agency (OJP or OVW, as appropriate) dur ing the period of performance for th is award, if the recipient is designated as "h ig h- r isk" for purposes of the DOJ high-risk grantee list. 2 I. Comp li ance wi th DOJ regulat ions pertain ing to civi l rights and nond isc rim ination -28 C.F.R. Part 42 The recipient, a nd any subrecipient ("subgrantee") at any tier, must comply with all applicab le req ui rements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C .F.R. Part 42 that relate to an eq ual emp loyment opportunity program. 22 . Comp liance with DOJ regulations pertaining to civil rights and nond iscrimination -28 C.F .R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all app licable requirements of28 C.F.R. Part 54 , which re lates to nond isc r im ination on the bas is of sex in certain "educatio n programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C .F.R. Part 38 The recipient, and any subrecipien t ("subgrantee") at any tier, must compl y with all applicab le req u ireme nts of 28 C .F.R. Part 38 (as may be applicable from time to time), specifically inc lud ing any app li ca bl e requirements rega rdin g written notice to program beneficiaries and prospective program beneficiaries. Curren tl y, amo ng other things, 28 C.F.R. Part 38 includes ru les that proh ib it specific forms of discriminatio n o n th e bas is of r eli gio n, a re ligio us be li ef, a refusal to hold a re li gio us bel ief, or refusa l to atte nd or part icipate in a re ligious p ractice. Part 38 , currently, also sets out rules a nd requirements that pertain to recipient and su brec ip ient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of28 C .F.R. Part 38 is available v ia the Electronic Code of Federal Regu lations (currently accessible at https ://www.ecfr.gov /cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Admi nistration, Chapter 1, Part 38 , under e-CFR "current" data. '---------------------------------------- OJP FORM 4000/2 (REV. 4-88) i------------· U.S. Department of Ju stice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 20 l 9-DJ-BX-0530 AWARD CONTINUATION SHEET Grant AWARD DATE 09/24/2019 SPECIAL CONDITIONS 24. Restrictions on "lobbying" PAGE JO OF 29 1n general, as a matter offederal law , federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("s ub grantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any leve l of government. See 18 U.S.C. 1913. (There may be exceptions ifan applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awa rd ed by OJP from being used by the recipient, or any subrecipient at any ti er , to pay any person to influence (or attempt to influence) a federa l agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to ac tion s such as renewing, extending, or modifying any such award. See 31 U.S .C. 1352 . Certain exceptions to this law apply, includin g an exception that app li es to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient ( or subrecip ient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior writte n approva l of OJP. 25. Compli ance with ge neral app ropriations-l aw restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("s ub grantee") at any tier, must comply with all applicab le restrictions on the use of federal funds set out in federa l appropriations statutes . Perti ne nt restrictions, including from various "general provisions" in the Consolidated Appropriations Act , 2019, are set out at https ://ojp.gov/funding/Explore /FYI 9Ap p ropriationsRestrictions .htm , and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrec ipi ent) would or might fall within the sco pe of an approp ri at ions-law restric tion , the recipient is to contact OJP for guida nce, and may not proceed without the express prior written approval ofOJP. 26 . Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the In spector General (OIG) any cred ibl e evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award --(I ) submitted a claim that violates the False Claims Act; or (2) committed a crimina l or civil violation of laws pertaining to fraud, conflic t of in teres t, bribery, gratuity, or simi lar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award shoul d be reported to the OIG by--(!) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htrn (select "Submit Report Online"); (2) mail directed to: Office of th e Inspector General, U .S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7 100 , Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https ://o ig.justice .gov/hotline. OJP FORM 4000/2 (REV. 4-88) U.S . Depa rtme nt of Ju stice Office of Ju stice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 11 OF 29 --------------------------------------- PROJECT NUMBER 20 I 9-DJ-BX-0530 AWARD DATE 09/24/2019 ·--------·------ SPECIAL CONDITIONS 27. R est ri ctions and certifications rega rdin g non-di sclos ure agreements a nd re lated ma tte rs No recipient or subrecipient ("su bgrantee") under this award , or entity that receives a procurement contract or subcontract with any funds under this award, may require any emp lo yee or contractor to s ign a n internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance wi th law) of waste, fra ud , or abu se to a n investigative o r law enfo rcemen t representative of a federa l department or agency au th o ri zed to receive such information. The forego in g is not intended, and s hall not be u nderstood by the agency making this awa rd , to contravene requirements a pplicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency govern ing the nondisclosure of classified infonnation. 1. In accepting thi s award , th e rec ipient-- a. represents that it neither requires nor has requi red internal confidentiality agreements or statements from e mplo yees or contractors that currently proh ibi t or ot h erwise currently restrict (o r purport to prohibit or restrict) emplo yees or contractors from reportin g waste, fraud, or a bu se as described above; and b. certifies th at, if it learns or is notified tha t it is or has been requiring its empl oyees or contractors to exec ute agreem ents or statements that prohibit or ot h erwise restrict ( or purport to prohib it or restrict), rep orting of waste, fraud, or abuse as described above, it w ill immediately stop any further obligations of award funds, wi ll provide prompt written notification to the federal agency making this award, and will resume (or perm it resump tion of) su ch ob ligations only if expressly authorized to do so by that agency. 2. If th e recipi ent does or is authorized under this award to make subawards ("s ub grants"), procurement contracts, or both-- a. it represents th at-- (!) it has determined that no other entity that the recipient's application proposes may or will receive award fun ds (whether through a subaward ("subgrant"), procurement contract, or s u bcontract under a procurement co ntract) either requires or has required internal confidentia li ty agree ments or statemen ts fro m employees or contractors that c urren tl y prohibit or o th erwise c urrently restrict (o r purpo11 to prohibit o r restrict) e mpl oyees or contractors from rep ortin g waste, fra ud, or a buse as d escrib ed above; and (2) it has made appropriate inquiry, or otherwise has an adequate factua l basis, to support this representation; and b. it certifi es that, if it learns or is no ti fied that any subrecipie nt , contractor, or subcontractor ent ity tha t receives funds under th is award is or has been requiring its emplo yees o r co n tracto rs to execute agree ments or statements that prohib it o r otherwise restrict (or p urport to prohi bit or restrict), reporting of waste, fraud, or a buse as des cribed above, it w ill immediately stop any fwiher obligations of award funds to or by that entity, w ill provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligati o ns on ly if exp re ssly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 12 OF 29 --------~------·---- PROJECT NUMBER 20 l 9-DJ-BX-0530 AWARD DATE 09/24 /2019 SPECJAL COND!T!ONS 28 . Compliance with 41 U.S .C. 4712 (including prohibitions on reprisal ; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information re lated to gross mismanagement of a federa l grant, a gross waste of federal funds , an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U .S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropr iate) for gu idance. 29. Encouragemen t of policies to ban text messaging wh ile driving Pursuant to Executive Order 13513 , "Federal Leadership on Reducing Text Messaging Whi le Driving," 74 Fed. Reg. 5 1225 (October I , 2009), DOJ encourages recipie nts and subrecipients ("subgrantees") to adopt and enforce po li cies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establ ish workplace safety policies and conduct education, awareness , and other outreach to decrease crashes caused by distracted drivers . 30. Requ irement to disclose whether recipient is designated "high risk" by a federa l grant-maki ng agency outside of DO J If the recipient is designated "high risk" by a federal grant-making agency outside ofDOJ, currently or at any time dur ing the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federa l awarding agency provides additional oversight due to the recipie nt 's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclos ure must inc lude the following: I. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The 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. OJP FORM 4000/2 (REV. 4-8 8) U.S. Department of Justice -I Office of Justice Programs Bureau of Justice Assistance P ROJECT NUMBER 2019-DJ-BX-0530 A WARD CONTINUATION SHEET Grant AWARD DATE 09/24 /2019 SPECIAL CONDITIONS PAGE 13 OF 29 31. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 16 44; ongoing compliance I . With respect to the "program or act ivity" funded in whole or part under this award (includ in g any such program or activ ity of a ny su brecipient at any tier), throughout the period ofperfonnance, no State or lo ca l goverrun ent ent ity, - agency, or -official may prohibit or in any way restrict--(1) any government entity or -official from sendi ng o r receiving inform ation regard in g cit izensh ip or immigration status as described in 8 U.S .C . 1373(a); or (2) a government e nt ity or -agency from sendi ng, requesting or receiving, maintaining, or exchanging in formation regarding im migration status as described in either 8 U.S.C. I 373(b) or 1644. Any prohibition (or restr ictio n) that violates this cond ition is an "infonnation-communi cation restriction" under th is award. 2. The r ecipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this cond ition. 3. All owabl e cos ts. Compliance with these requirements is an authorize d and priority purpose of th is awa rd . To the extent that such costs are not reimbursed under any other federa l program, award fu nd s may be obligated fo r th e reasonable , necessary , and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a loca l governm e nt , or a pub li c in stitution of higher educa tion , incurs to implement this co ndition . 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local governmen t" in clude any agency or other entity thereof, but not any institution of hi gher education or any Indi an tribe . (2) A "public" in stitution of higher ed ucation is defined as one that is owned, controlled , or directly funded (in whole or in sub stantial part) by a State or local government . (Such a public institu tion is considered to be a "government en ti ty," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it mean s under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 110 1 mean what they mean under th at sectio n 110 I , except that "State" also includ es American Samoa. (5) Pursuant to the p rovisions set out at (or referenced in) 8 U.S.C . 1551 note ("Abolition ... and Transfer of Function s"), references to the "Immigration and Natural ization Service" in 8 U.S.C . 1373 and 1644 ar e to be read as references to particu lar components of the Department of Homeland Security (OHS). B. Nothing in this condition shall be unde rstood to authorize or require any recip ient, any subrec ip ient at any tier, any State or local government, any public institution of higher education , or any othe r entity (or in d ividual) to violate any federal law, including any applicable civi l rights or nondiscrimination Jaw. IMPORTANT NOTE: Any questions about the meaning or scope of thi s condition should be directed to OJP, before award acceptan ce. OJP FORM 4000/2 (REV . 4-88) ,--------------------------,-------------·------~---------~ U.S. Depa1tment of Justice O ffice of Ju stice Programs Bureau of Justice Assistance PROJECT NUMBER 2019-DJ-BX-0530 AWARD CONTINUATION SHEET Grant AWARD DATE 09/24 /2019 PAGE 14 OF 29 ------------------------, SPECIAL COND ITIO NS 32. No use of funds to interfere with federal law enforcement: 8 U.S .C . 1373 and 1644; ongoing compliance I. Tlu·oughout the period of performance, no State or loca l government entity, -agency, or -officia l may use funds under this awa rd (includ in g under any subaward, at any tier) to prohibit or in any way restrict--(I) any government enti ty or -official from sending or receiving information regarding citi zens hip or immigration status as described in 8 U.S.C. l 373(a); o r (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restr ict ion) that violates this condition is an "information-communication restric tion " under th is award. 2. The recipient's monitoring responsibilities include monitoring of s ubrec ipi ent compli anc e with the requirements of this condition. 3. Allowable costs . Comp li ance with th ese requirements is an aut ho r ized a nd priority purpose of this award . To th e extent that such costs are not reimbu rsed under any other federa l program, award funds may be obligated for the reasonable, necessary, and allocabl e costs (if any) that the recipient, or a ny sub recipient at any t ier that is a State, a loca l government, or a public in stitution of higher educati on, in curs to impl ement this co ndition. 4. Rul es of Co nstru ct ion. Both the "Rules of Co nstructio n" and the "Im portant Note" set out in th e" oninterference (within the funded "program or act ivity") with federal law enforcement: 8 U.S.C . 1373 and 1644; ongoing compliance" condi tio n are incorporated by reference as though set forth here in full. ~------------J OJP FORM 4000/2 (REV . 4-88 ) ! ---------~-------------------------,---------- I U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance -------·-·-I AW ARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DJ-BX-0530 A WARD DATE 09/24/2019 PAGE 15 OF 29 -----------------·---·--------- SPECIAL COND!TIONS 33. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644 ; unallowable costs; notification I . If the recipient is a "State," a local government, or a "public" in stitution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in who le or in part with award funds is subject to any "information-communicatio n restric tion ." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if --at the time it incurs such costs --the program or activity of the recipient ( or of any subrecipient at any tier that is a State, a lo cal 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 drawdown 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 date the recipient requests the drawdown, the recipient and each subrec ipient (regardless of tier) that is a State, local government, or public institution of higher educa tion , is in compliance w ith the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U .S .C . 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requ isite monitoring of compl iance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipi ent that is a State, a local government, or a public institution of higher education must require promp t notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2 . Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institutio n of higher education must provide that the subrecipient may not obligate award funds if, at the time of the ob l igation, th e pro gram 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 DOJ to the contrary, based upon a finding by DOJ of compelling circumstances ( e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any ob li gat ions of award funds that , under this condition, may not be made shall be unallowable costs for purposes of this award. In making any s uch determination, DOJ wi ll give great weight to evidence submitted by the recipient that demonstrates diligent monitoring ofsubrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 13 73 and 1644 ; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "in formation-communication restriction" has the meaning set out in the "Noninterference ... 8 U .S.C. 13 73 and 1644; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set o ut in the "Noninterference ... 8 U.S.C. 13 73 and 1644; o ngoing compl iance" condition are incorporated by reference as though se t forth here in full. OJP FORM 4000/2 (REV. 4-88) r--------·-·-·-----, U.S. Department of Justice I Office of Ju stice Programs Bureau of Justice Assistance I AW ARD CONTINUATION SHEET ' Grant ---·- PROJECT NUMBER 20 l 9-DJ-BX-0530 AWARD DATE 09/24 /2019 SPECIAL CONDITIONS PAGE 16 OF 29 34. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or act ivity" of the recipient (or of any subrecipient at any tier that is a State, a 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 of any subrecipient at any tier that is a State, a local government, or a publi c institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information-communication restrict ion. C. Any drawdown 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 date the recipi ent requests th e drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, o r public institution of higher education, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance ." D . The recipient must promptly notify OJP (in writing) if the recipient, from its requis ite monitoring of comp li ance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a su brecip ient that is a State, a local governmen t, or a public institution of hi gher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible ev idence regarding an information-communication restriction. 2 . Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the ob ligation, 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 determinatio n by DOJ to the contrary, based upon a fin din g by DOJ 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, DOJ will give great weight to ev id ence submitted by the recipient that demonstrates diligent monitoring ofsubrecipient compliance with the requirements set out in the "No use of funds to in terfe re ... 8 U.S.C. 1373 and 1644; ongoing compliance" award condition. 4. Rules of Construction. The "Rules of Construction" set out in the "Authority to obli gate award funds contingent on noninterference (within the funde d "program or activity") with federa l law enforce ment: 8 U .S.C. 1373 and 1644; unallowable costs; notification" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REY. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance --· -·--------- PROJECT NUMBER 20 I 9-DJ-BX-0530 ·---------· AWARD CONTINUATION SHEET Grant AWARD DATE 09/24/2019 SPECIAL CONDITIONS PAGE 17 OF 29 35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain la w enforcement sensitive information SCOPE. This conditio n applies with respect to the "program or activity" that is funded (in whole or in part) by th e award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those inc lu ded in any subaward (at any tier). I . Noni nterference: No public disclosure of federal law enfo rcement in formatio n in o rd er to concea l, harbor, or shi e ld Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (inc luding 8 U.S.C. 1324 and 18 U.S.C. chs. I, 49, 227), no public disclosure may be made of a ny federal law enforcement information in a direct or indi rec t attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the Uni ted States in violation of 8 U.S.C. ch . 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. I 071 o r I 072 or of 8 U.S.C. I 324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with th is conditio n. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of action s (e.g., trai nin g) designed to e nsure compliance with this conditi on. 4. Rules of construction A. For purposes of t hi s condition-- (!) the term "alien" means w hat it means under section IO I of the Immigration and Nationa li ty Act (see 8 U.S.C. I IOl(a)(3)); (2) the term "fed eral law enforcement information" means law e nforcement sensitive information communicated or made availab le, by the federa l govenunent, to a State or local govenunent e ntity, -agency, or -officia l, through any means, including, without limitation--(I) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through a ny deconfliction (or courtesy) notice of planned, imminent, commencing, continui ng, or imp en din g federal law enforcement activity; (3) the term "law enforcement sensitive infonnation" means records or information comp il ed for any law enforcement pwpose; and (4) the term "public disclosure" means any communication or release other than one--(a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construc tion" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federa l law enforcement: 8 U.S.C. 1373 and 1644 an d ongo in g compliance" award condition are incorporated by reference as though set forth here in full. I ____ _J OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 20 l 9-D J-BX-0530 -i -~ W ~ ~~N:INUA:ION --.,----------· I SHEET PAGE 18 OF 29 I Grant -----------------~------- AWARD DATE 09/24/2019 SPECIAL COND ITIO NS 36. No use of funds to interfere with federa l law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE . This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of perfom1ance. Its provisions must be among those included in any subaward (at any ti er). I. No use of fu nds to interfere: No pub li c disclosure of federa l law enforcement infonnatio n in o rd er to co nceal, harbo r, or shie ld Consistent with the pu rposes an d objectives of federa l law enforcement sta tu tes an d federal criminal law (including 8 U.S.C . 1324 and 18 U.S.C. chs. I, 49,227), no funds und er this award may be used to make any public disc losur e of any federa l law enforcement information in a direct or indirect attempt to conceal, harbor, or sh ield from detectio n any fug itive from j ustic e un der 18 U.S.C. ch. 49, or any al ien who has come to , entered, or remains in the United States in violatio n of 8 U.S.C. ch. 12 --without regard to whether such disclosure would constitute (or could form a pred ic ate for) a violation of 18 U.S.C. I 071 or I 072 or of 8 U.S.C. I 324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecipient compl iance with this condi tion . 3. Allowable costs To the ex te nt th at suc h costs are no t reimbursed und er any other federa l program, award fu nds may be obligated for th e reasonable, necessary, and allocable costs (if any) of ac tions (e.g., trai nin g) des igned to ensure compliance w ith thi s conditio n . 4. Rules of construction . The "Rules of Co nstruction" set o ut in the "Noninterference (w it hin the fu nd ed "program or activ ity") wi th federal Jaw enforcemen t: No public disclosure of certain law enforcement sensitive information" award condition are in corp orated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Office of Justice Programs Bureau of Justice Ass istance AWARD CON TI NUATIO N SHEET Grant PAGE 19 OF 29 -------..J -------- PROJECT NUMBER 20 19-DJ-BX-0530 AWARD DATE 09/24/2019 SPECIAL CONDITIONS 37. No nin terfere nce (within the funded "program or activity") with federa l law enfo rcement: Interrogation of certa in a li e ns SCOP E. This condition applies with respect to the "p rogram or activity" that is fu nd ed (in w hol e 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 th e award. Its provisions must be among tho se included in any subaward (a t any tier). 1. Noni nt erference w ith statutory law enforcemen t access to correctional facil ities Consonant w ith federal law enforcement statutes a nd regulations --including 8 U.S.C. 1357(a), under wh ich certain federal officers and employees "have power without warrant ... to interrogate any a li e n or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.S(a), und er which that power may be exercised "anywhere in or outside the United States" --within the funded program or activity, no State or lo ca l government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the Unit ed States actin g under color of federal law) by imped ing access to a ny State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be a n a lien as to his (or h e r) right to be or to remai n in the U nited States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipi ent compliance w ith this condi ti on. 3. Allowable costs To the ex tent that such costs are not reimbursed under any other federal program, award fu nds may be obl igated for the reasonable, n ecessary, an d a ll ocable costs (if any) of actio ns (e.g., trai nin g) des igne d to ensure com pli ance with th is condition . 4. Rules of construction A. For purposes of th is condition: (1) T he tenn "alien" means what it means under sectio n I 01 of the I mmigration and Nationali ty Act (INA) (see 8 U.S.C. 110 I (a)(3)). (2) The tenn "correctional facility" means what it means under the title I of the Omnibus Crime Contro l and Safe Streets Act of 1968 (see 34 U.S.C. l0251(a)(7)). (3) The tenn "impede" includes taking or continuing any action, or implementin g or m ai ntai nin g any law, policy, rul e, or practice, that- (a) is designed to prevent or to sign ificantly delay or comp li cate, or (b) has th e effec t of preve ntin g or of significan tly delaying o r comp licat in g . B. Both t h e "Rules of Constructio n" and the "Important Note" set o ut in th e "Noninterference (wi thin the funde d 'program or activity') with federa l la w e nforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award cond ition are in corporated by referen ce as though set fort h here in full. OJP FORM 4000/2 (REV. 4-88) l r--------------------. I I U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance ------·--- PRO JECT NUMBER 2019-DJ-BX-0530 AW ARD CONTINUATION SHEET Grant AWARD DATE 09/24 /2019 SPECIAL CONDlT!ONS 38. o use of funds to interfere with federal law enforcement: Interro ga tion of certain aliens PAGE 20 OF 29 SCOPE. This condition applies as of the date the recipient accepts this award , and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations·· including 8 U.S.C. I 357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.S(a), under wh ich that power may be exercised "a nywhere in or outside the United States" •• no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States ac ting under color offederal law) by impeding access to any State or local government (or government- contracted) correctional facility by suc h agents for the purpose of "i nterrogat[ing] any alien or person believed to be an alien as to hi s [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with this condition. 3. Allowab le costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, ne cessary, and allocable costs (if a ny) of actions (e.g., training) designed to ensure compliance with this condition. 4 . Rul es of construction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condit ion are incorporated by reference as though set forth here in fu ll. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 21 OF 29 ----------------~--- PROJECT NUMBER 2019-DJ-BX-0530 AWARD DATE 09/24/2019 SPECIAL CONDlTIONS 39. Noninterference (within the funded "program or act ivity") with federa l law e nforceme nt: Notice of sc heduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled relea se date and time Consonant with federal law enforcement statutes •• including 8 U.S.C. 1231 (for an alien incarcerated by a State or local goverrunent, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the a lien is released from ... confinement"; a lso, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (t he federal government "shall take into custody" certain criminal a liens "when the alien is released"); and 8 U .S.C . 1366 (requiring an annu al DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens")·· within the funded program or activity, no State or loca l government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide •• as early as practicable (see para. 4.C. below)·· advance notice to OHS of the scheduled release date and time for a patticular alien, if a State or local goverrunent ( or government- contracted) correctional facility recei ves from OHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") w ith federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in fu ll. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and t ime the individual otherwise would have been released. C. Applicability (I) Current OHS practice is ordinarily to reques t advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See OHS Form I-247A (3 /17)). If(e.g., in light of the date OHS made such request) the scheduled release date and time for an alien are such as no t to a llow for the advance notice that OHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicab le. I I I (2) Current OHS practice is to use the same form for a second, distinct purpose •• to request that an individual be J de tained for up to 48 hours AFTER the scheduled relea se. This condition does NOT encompass such OHS req uests for detention. -- OJP FORM 4000/2 (REV. 4-88) U.S. Depa1tment of Justice Office of Justice Programs Bureau of Justice Assistance -·-·-----·----- PROJECT NUMBER 2019-DJ-BX-0530 -----·---- AWARD CONTINUATION SHEET Grant AWARD DATE 09/2 4/2019 SPECIAL CONDITIONS 40. No use of funds to interfere with federal law enforcement: Notice of scheduled release SCOPE. This co nd ition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. I. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes --including 8 U .S.C. 1231 (for an alien inc arcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the fede ral government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (t he federal government "sha ll take into custody" certain criminal aliens "when the alien is released"); and 8 U .S.C. 1366 (requiring an annua l DOJ report to Congress on "the number of illegal a lien[ felons] in Federal and State pri sons" and programs u nderway "to ensure th e prompt removal" from the U.S. of removable "criminal aliens") --no State or local government entity, -agency, or - offic ia l (inclu ding a government-contracted correctiona l facility) may use funds under this award to interfere with the "removal" process by failing to provide --as early as practicable (see para. 4.C. below) --advance notice to DHS of th e sched ul ed release date and time for a particular a lien, if a State or loca l government (or government-contracted) correctional facility receives from DHS a fonnal written request pursuant to the INA that seeks such advance notice. 2 . Monitoring The recipient's monitoring responsibilities inc lude monitoring of subrecipi ent comp liance with this condi t io n. 3. Allowable costs To the extent that such costs are not reimbursed under any other federa l program , award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e .g ., training) designed to ensure compliance with this cond ition . 4. Rules of construction. The "Rul es of Construction" set out in the "Noninterference (w ithin the funded "program or activity") with federal law enforcement : Notice of sch ed ul ed release" award condition are incorporated by refe rence as though set forth here in full. 41 . Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a loca l government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information rega rdi ng Communication with the Department of Homeland Security (DHS) and/or Immigration and C ustoms Enforcement (ICE)." All subrecipient responses must be collected a nd maintained by the recipient, consistent with document retention requiremen ts, and must be made availab le to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organi za tion , a nonprofit organization, or a private institution of higher education. OJP FORM 4000/2 (REV . 4-88) U.S. Department of Ju stice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2019-DJ-BX-0530 A WARD CONTINUATION SHEET Grant AWARD DATE 09/24/2019 SPECIAL CONDITIONS 42. Cooperating with OJP Monitoring PAG E 23 OF 29 The recipient agrees to cooperate w ith OJP monitoring of this award pursuant to OJP's guidelines, protocols, and pro ced ure s, and to cooperate with OJP (including the grant manager for this award and the Office of Ch ief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or s it e visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation re la ted to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring act ivities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OlG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 43. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of th e recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recip ient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFA TA), are posted on the OJP web site at https://ojp.gov/fundin g/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by refe renc e here . This condition, including its reporting requirement, does not apply to--(I) an award ofless than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e ., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 44 . Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award cond ition s, and the DOJ Grants Financial Guide, and must include the app licable conditions of this award in any sub awa rd. Among other things , the recipient is responsib le for oversight of subrecipient spendin g and monitorin g of specific outcomes and benefits attributable to use of award funds by subrecipients. The rec ipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under th is award. 45. Use of program income Program incom e (as defined in the Part 200 Un iform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings an d expenditures both must be reported on the quarterly Federal Financial Report, SF 425 . 46. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Globa l Standards Package (GSP) and all constituent elements, where appl icable, as described at: https:/ / it.ojp.gov/ gsp _grantcondition. The recipient (and any su brecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP an d appropriate privacy policy that protects shared information, or pro vide detailed justification for why an alternative approach is recommended . OJP FORM 4000/2 (REV. 4-88) U.S. Depa1tment of Justice Office of Jus tice Programs Bureau of Justice Assistance I AWARD CONTINUATION SHEET Grant --------------------· PROJECT NUMBER 2019-DJ-BX-0530 AWARD DATE 09/24/2019 SPECIAL COND ITIO NS 47. Avoidance of dupli cation of networks PAGE 24 OF 29 To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement infonnation sharing systems which involve in terstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communi cation backbone to achieve interstate connectivity, un less the recip ient can demonstrate to the satisfaction ofBJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 48. Comp lianc e with 28 C.F.R. Part 23 With respect to any infonnation tech nology system funded or supported by funds under this award, the rec ipi ent (and any subrecipient a t any tier) must comp ly w it h 28 C.F.R. Part 23, Crimin al Intelligence Systems Operating Policies, if OJP determ in es this regulation to be applicable . Should OJP determine 28 C.F.R. Part 23 to be applicab le, OJP may, a t its discretion, perform audits of the system, as per the regulation. Should any vio lation of28 C.F.R. Part 23 occur, th e recipient may be fined as per 34 U .S.C. I 0231 (c)-(d). T he recipient may not sati sfy suc h a fine with fede ral funds. 49. Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of28 C.F.R. Part 46 and a ll OJP policies a nd procedures regarding the protection of hum an resea rch subjects, inc luding obtain m e nt of Institut ional Review Board approval, if appropriate, and subject infonned consent. 50. Confidentia lity of data The recip ient (and a n y subrecipi e nt a t any tier) mu st comp ly wi th a ll confidentia li ty requiremen ts of 34 U.S.C. I 023 1 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The rec ipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular, 28 C .F.R. 22.23. 5 l . Ve ri fica tion a nd updating of recipient 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. If any infonnation is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted v ia the Grants Management System (GMS) to do cume nt changes. OJP FORM 4000/2 (REV. 4-88) U .S. Depattment of Justice I ----1 Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2019-DJ-BX-0530 AWARD CONTINUATION SHEET Grant I __ j AWAR.D DATE 09/24 /2019 SPECIAL CONDITIONS 52. Law enforcement task forces -required training PAGE 25 OF 29 Within 120 days of award acceptance, each current member ofa law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period ofpcrformance for this award, or once every four years if mu ltiple OJP awards include this requirement. The required training is available free of charge online through the BJ A-funded Center for Task Force Integrity and Leadership (www .ctfli.org). The training addresses task force effectiveness, as well as o t her key iss ues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the tra ini ng is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.cttli .org). 53. J ustification of consultant rate Approval of th is award does not indicate approval of any consultant rate in excess of $650 per day . A detai led justification must be s ubmitted to and approved by the OJP program office prior to obligation or expenditure of such funds . 54. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firea1ms and background checks --including 18 U.S.C. 922 and 34 U.S.C. ch . 409 --if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court disposit ions, information, or other records that are "eligible records" (under federal or State law) relevant to the Nationa l Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligib le records " (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is e lectronically available to (and accessed by) the NICS , and --when appropriate --promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. I '---·--------------------------------------------------' OJP FORM 4000/2 (REV . 4-88) ·----·----------,---I U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 26 OF 29 Grant PROJECT NUMBER 2019-DJ-BX-0530 AWARD DATE 09/24 /2019 SPECIAL CONDITIONS 55 . Compliance wi th National Environmental Policy Act and re lated statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying wi th the Nationa l Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a sub r ecipient. Accordingly, the recipient agrees to first determine if any of the following activities wi ll be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activ it ies will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmenta ll y or historically sensitive area , including properties located within a I 00-year flood plain, a wetland, or habitat for endangered spec ies, 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 facil ity 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 ac ti vity and (b) tradit ionall y used, for example, in office, household, recreational, or education envirorunents; and e. Implementation of a program relating to clandestine methamphetamine laborato1y operation s, including the identification, se izure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation ofan Environmental Assessment and/or an E nvironmental I mpact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detai led at https://bja.gov/Funding/nepa.html, for programs relatin g to methamphetamine laboratory operat ion s. Appli catio n of This Cond iti on to Recipient's Existing Programs or Activities: For any of the recipient's or it s subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program env ironmental assessment of that funded program or activity. 56. Establishment of trust fund If award funds are being drawn down in adva nce, the recipient ( or a subrecipient, with respect to a s ub award) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory excl usions apply (2 C.F.R. 200.3 0 5(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Ass istance Grant Program (JAG). T he recipient also agrees to obligate th e award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. J -- OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice ----1 -- \ AWARD CONTINUATION SHEET Office of Justice Programs Bureau of Justice Assistance Grant PROJECT NUMBER 2019-DJ-BX-0530 AWARD DATE 09/24 /2019 SPECIAL CONDITIONS 57. Prohibition on use of award funds for match under BVP program PAGE 27 OF 29 JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Yest Partnership (BVP) program. 58 . Certification of body armor "mandatory wear" policies If recip ien t uses funds under this award to purchase body armor, th e recipient must submit a signed certification tha t law enforcement agencies receiving body annor purchased with funds from this awa rd have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on fi le for any subrecipients p lanning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from th is award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 59 . Body armor -compliance with N IJ standards and ot her requirements Ba lli stic-resistant and stab-resistant body annor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable ational Institute of Justice ballistic or stab standards and is listed on the NIJ Compli ant Body Armor Model List (https ://nij .gov/top ic s/technology/body-armor/Pages/compliant-ball istic-armor.aspx). In addit io n, ballistic-resistant and stab-resistant body armor purchased must be made in the United States a nd m ust be unique ly fitted, as set forth in 34 U .S.C. I 0202( c )( I )(A). The latest NIJ standard information can be found here: https:/ / nij .gov/ topics/ technology/ body-annor/ pages/ safety-initiative.aspx. 60 . Body armor -impact o n e ligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Yest Partnership (BVP) program , a separate program operated by BJA, pursuant to the BVP statute at 34 USC 1053 1(c)(5). 61. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annua l performance reports throu gh OJP's OMS (https://grants .ojp.usdoj.gov). Consistent with the Department's responsibi li ties 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 BJ A's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on report in g an d other JAG requirements, refer to the JAG reporting requ irements webpage. Failure to submi t required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 62. 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 related to training that officers have received on the use of force, racial and ethn ic bias, de- escalation of conflict, and constructive engagement with the public. OJP FORM 4000/2 (REV. 4-88) --1 I I I U.S. Department of J ustice Office of Justice Programs B urea u of Justice Ass istance PROJECT NUMBER 2019-DJ-BX-0530 AWARD CO NTINUATIO N SHEET Grant AWARD DATE 09/24/2019 SPECIAL CONDITIONS 63 . Ex pend itures prohibited without waiver PAGE 28 OF 29 No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless , as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 64. Au th orization to obligate (federal) award funds to reimburse certain project costs incurred on or after Oc tober I , 201 8 The recipient may obligate (federal) award funds only aft er the recipient makes a val id acceptance of the award. As of the first day of the period of performance for the award (October I , 2018), 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 minimum--(1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditio ns are removed by OJ P (via a Grant Adjustment Notice). (A withho lding condition is a condi ti on in the awa rd docu ment th at precludes the recipient from obli gating, expending, or d rawing dow n all or a portion of the award funds unti l the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk ," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable w ithhold ing condition through a Grant Adj ustment Notice, the recipient is authorized to obligate (federal) award funds to re imburse itself for project costs incurred "at-risk" earlier dur ing the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable w ithholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recip ient ( or any s ubrecipient at any tier) to use award funds to "s upp lant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or loca l government) that federal funds wi ll be used to increase the amounts of such funds that would, in the abse nce of federa l funds, be made available for law enforcement activities . 65 . Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database w itho ut prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resu lting DNA profiles may be accepted for entry into CODIS. 66. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To subm it a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, p lease register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page wi ll be "My Success Stories." Wi th in this box, there is an option to add a S uccess Story. Once reviewed and approved by BJA, all success stories will appear on the BJA S uccess Story web page at https :/ / www.bja.gov/ SuccessStoryList.aspx. OJP FORM 4000/2 (REV. 4-88) --------·---·-------· f --------, PROJECT NUMBER U.S. Depa rtme nt of Justice Office of Ju stice Programs Bureau of Justice Assistance 2019-DJ-BX-0530 -'-- AWARD CONTINUATION SHEET Grant AWARD DATE 09/24/2019 PAG E 29 OF 29 1---· I SPECIAL CONDITIONS 67. W ithh olding of funds: NTB RS set-aside The recipient may not obligate, expend, or draw down any award funds until the recip ient submi ts, and BJA revi ews and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation show ing that the recipient has been cenified as NIBRS compliant, and a Grant Adjustment Notice (GAN) has been issued to remove this condi tio n . 68. Rec ipient may not obligate, expend or drawdow n funds until the Bureau of J ustice Assistance , Offi ce of Justi ce Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) re leasing this special condition. 69. Withholding of fund s: Disclosure of lobb ying The rec ipi ent may not obligate, ex pend, or draw do wn any fu nd s under thi s award until it has provided to the grant ma nager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form, and OJP has iss ued a Grant Adjustment Notice to remove this special condition . OJP FORM 4000/2 (REV. 4-88) I - I I U.S. Department of Justice Office of Justice Programs Bureau ofJustice Assistance Waslzi11gto11, D.C. 2053 1 Memorandum To: Official Grant Fi le From: Subject: Orbin Terry, NEPA Coordinator Incorporates NEPA Comp liance in Further Developmental Stages for City of Downey The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allo ws states and local governments to support a broad range of activ iti es to prevent and control crime and to impro ve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assis t BJA in complying with NEPA and other related federa l 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 spec ified activities , the grantee must first determine if any of the specified activ iti es will be funded by th e grant. The spec ifi ed activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentall y or historically sensit ive area, including properties located within a l 00-year flood plain, a wetland, or habitat for endangered species, or a property li sted on or eligib le for listing on the National Register of Historic Places; c. A renovation, lease , or any proposed use of a building or facility that will eit her (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 env ironments; and e . Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Enviro nmental 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 abo u t Mitigation Plan requirements, please see http s://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 . U.S. Department of Ju st ice Office of Ju st ice Programs Bureau of Justice Assi stance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY I Grant jPROJECT NUMBER ------T-:= ------ 1------------___ ___!2~~-~J-BX-0530 -----_J _____ Pr:.AG~~~-- T his project is sup p01ted under FY J 9(B J A -JAG State and J AG Local) Tit le 1 of Pub. L. No. 90 -35 1 (ge nera ll y codifie d at 34 U.S.C. I 0151 -10726), including sub part I of part E (codified at 34 U.S.C. 101 51 -10 158); see also 28 U.S.C. 530C(a). I. STAFF CONTACT ( ame & telephone number) Lind a Hi ll -Frank li n (202) 514-07 12 3a. TITLE OF TH E PROGRAM I 2. PROJE CT D IRECTOR (Na me, address & te lephone number) ___ _ Scott Loughne r Lieutenant 10911 B,oo ks hirc Ave Dow ney, CA 92887-3 847 (562) 904-2346 --- 3b . POMS CODE (SEE INSTRUCTI ONS ON REVE RSE) BJA FY 19 Edward Byrne Memorial J ustice Assis tance Grant (JAG) Pro gram -Local So lici tation 4. T IT LE OF PROJECT Proa c ti ve Engagement and Crime Supp ress ion 1 ------------------------- 5. NAME & ADDRESS OF GRANTEE City of Dow ne y 11111 Brooks hire Ave nu e P.O. Box 70 16 Downey , CA 9024 1 7. PROGRAM PERIOD FROM: 10/01 /2018 9. AMOUNT OF AWARD $ 25,531 11 . SECOND YEAR'S BU DGET TO: 09/30/2022 6. NAME & AD RE SS OF SUBGRANTEE ----------------------------------- 8. BUDGET PERIOD FROM: 10/01/20 18 10 . DATE O F AWA RD 09 /24/20 19 TO: 09/30/2022 12. SECON D YEAR'S BUDG ET AMOUNT f-------------------------------+------------------------------- 13. THIRD YEAR'S BU DG ET PER IOD ____________ L ""D Y'-'''' BUDGST AMD UN O ·-----------· -- 15. SU M MA RY DES CRIPTIO N OF PROJECT (Sec in struc tion on reverse) Th e Edward Byrne Memorial Justice Ass istance Grant (JAG ) Program allows states and units of loca l government, in cludin g tribes, to support a broad ran ge of ac tiviti es to prevent and co ntro l crim e based on thei r own state and local needs and cond itions. Grant funds can be used for sta te and loca l in iti at ives, techn ical assista nce, training, personne l, equip ment, supplies , contractua l sup po rt, and information systems fo r crim inal justice, includ ing fo r any one or more of the foll owing program areas: I) law enforce ment programs; 2) prosecution and co urt programs; 3) pre ve ntion and educat ion prog ra ms; 4) correc tion s an d community correc tions programs; 5) dru g tr eatmen t and enforcement programs; 6) planning, eval uati on, and tech nology im provement programs; and 7) crime v ictim and wi tness progra ms (other t han compe nsat io n) and 8) menta l hea lth programs an d re la ted law enfo rcement and co rrections programs. Th is JAG award wi ll be used to support crim ina l justice in itiatives th at fa ll unde r one or mo re of the allowab le program areas above. Funded pro gra ms or initiati ves may include multijurisdict ional drug an d gang task forces, crim e prevention and domestic v iolence programs , courts, correc tion s, trea tment , j us ti ce i~ormati on _ J OJP FORM 4000/2 (REV. 4-88) sharin g in itia ti ves, or othe r programs aim ed at re ducing c rime and/or enhanc ing publ ic/officer safety . NCA/NCF _ _j