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Home My WebLink About20A - AA- JAG FUNDSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 5, 2019 TITLE: APPROVE APPROPRIATION ADJUSTMENT AND AGREEMENTS ACCEPTING 2017 & 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS IN THE AMOUNT OF $193,055.40 {STRATEGIC PLAN NO. 1, 3131 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing 2017 and 2018 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $92,171.70 for 2017 and $100,883.70 for 2018 into the Byrne Justice Assistance revenue account (no. 12814002) and appropriate same to expenditure account (no. 128144-various). 2. Authorize the City Manager to execute an agreement with the Orange County Sheriff's Department for the period of October 1, 2019 through September 30, 2020, accepting 2017 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $92,171.70, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager to execute an agreement with the Orange County Sheriff's Department for the period of October 1, 2019 through September 30, 2021, accepting 2016 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $100,883.70, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Edward Byrne Memorial Justice Assistance Grant (JAG) program provides federal criminal justice funding to state and local jurisdictions. JAG awards are based on a statutory formula that equally weighs the City's share of violent crime and population according to statistics from the Burea of Justice Statistics(BJS). JAG requires a single unit of county government to function as the applicant/fiscal agent to apply for, receive, and administer the funds on behalf of the entire County. A memorandum of understanding designated the County of Orange, Sheriff -Coroner Department as the lead agency for this program. The Justice Assistance Grant programs were withheld for 2017 and 2018 due to the County and the City's inability to certify compliance with "Special Conditions" pertaining to communication 20A-1 Agreement with the County of Orange for Justice Assistance Grant November 5, 2019 Page 2 between government agencies and the Immigration and Naturalization Service (8 U.S.0 §§ 1373). Recently, however; the Department of Justice decided that it will not enforce the "Special Conditions" in the 2017 and 2018 awards due to pending litigation and the awards were released. For the 2017 award, $102,413 has been allocated for Santa Ana. JAG also allows the fiscal agent for each county to use a portion of the award for costs associated with administering the funds. The Orange County Sheriff -Coroner Department will retain $10,241.30 (10 percent) for administrative fees. For the 2018 award, $112,093 has been allocated for Santa Ana, and the Orange County Sheriff -Coroner Department will retain $11,209.30 (10 percent) for administrative fees. The remainder of the funds in the amount of$92,171.70 for 2017 and $100,883.70 for 2018 will be utilized by the Police Department for the following objectives: overtime to augment gang prevention and enforcement, investigative and tactical training to improve officer safety and ensure successful prosecutions of gang -related crimes, and enhancement of educational opportunities through schools, community associations and neighborhood watch groups. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions). FISCAL IMPACT The appropriation adjustment will recognize 2017 and 2018 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $193,055.40 in the Byrne Justice Assistance revenue account (no. 12814002-52001) and the appropriate same to expenditure account (no. 12814409 - various) for the 2019-20 fiscal year. David Valentin Chief of Police Santa Ana Police Department Exhibits: 1. Agreement- 2017 Grant 2. Agreement- 2018 Grant /_1»060:11DIU"1101121101939901 DLMKK61110116-1 Kathryn Downs, CPA Executive Director Finance and Management Services Agency 20A-2 Exhibit 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION PROJECT NUMBER 2017-DJ-BX-0990 AWARD DATE 11/16/2018 ACCEPTANCE DATE:8/23/2019 Participants Participants hereto acknowledge the County of Orange as lead fiscal agent in charge of programmatic oversight and administration of funds and compliance over all eligible participant law enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties." ll. Purpose The purpose of this Memorandum of Understanding (MOU) is to support of the objectives of the Office of justice Programs, expressly those identified as Priority Purpose Areas (PPAs) for the term ofthis award. 111. Progrom Overview and Description of project(s) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4)corrections and comm onitycorrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcementand corrections programs, including behavioral programs and crisis intervention teams. The County of Orange (Sheriff) will determine validity of each project included in the application 20A-3 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT `JAG" LOCAL SOLICITATION PROJECT NUMBER 2017-DJ-BX-0990 AWARD DATE 11/16/2018 ACCEPTANCE DATE:9/23/2019 and subsequent awards. JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-cn-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause orother administrative action as appropriate. THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE RECEIPT OF FUNDS FROM THE DEPARTMENT OF JUSTICE AND TRANSFER OF FUNDS FROM COUNTY TO MUNICIPAL GOVERNMENTS AS DETAILED IN "ATTACHMENT 1: LOCAL AWARD ALLOCATION TABLE: ORANGE COUNTY, CA." COUNTY OF ORANGE COUNTY EXECUTIVE OFFICER, FRANK KIM $Fullq _Dv 736. S ORANGE COUNTY SHERIFF'S DEPARTMENT FISCAL AGENT GRANTS ADMINISTRATOR ANAHEIM CITY ANAHEIM POLICE DEPARTMENT CITY MANAGER BUENA PARK CITY BUENA PARK POLICE DEPARTMENT CITY MANAGER COSTA MESA CITY COSTA MESA POLICE DEPARTMENT CITY MANAGER PPPROVEO AS TO FOFU ocncE OF nic couNry catxasa Off, CCUWY/, CJA�Uf)UFM ev .!'t./.� C,; DIPM D.W. AUTHORIZED SrWqATORY AHO IZEDSIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY 20A-4 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG' LOCAL SOLICITATION PROJECT NUMBER 2017-DJ-BX-0990 AWARD DATE 11/16/2019 ACCEPTANCE DATE: 8/23/2019 FULLERTON CITY FULLERTON POLICE DEPARTMENT CITY MANAGER GARDEN GROVE CITY GARDEN GROVE POLICE DEPARTMENT CITY MANAGER HUNTINGTON BEACH CITY HUNTINGTON BEACH POLICE DEPARTMENT CITY MANAGER ORANGE CITY ORANGE POLICE DEPARTMENT CITY MANAGER SANTA ANA CITY SANTA ANA POLICE DEPARTMENT CITY MANAGER W ESTM I NSTE R CITY WESTMINSTER POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY ROVED AS TO FORM L , ra ii Assistant City Attorney 20A-5 Edward Byme Memorial J' ustice AssistanceGrant Program FY 20177 Loce FSoYcittat on CnFDA# 16.738 20A-6 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2017 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2017 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: 1. 1 am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 3. 1 assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. 1 assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community -based organizations, to the extent applicable law or established procedure made such an opportunityevailable. 5. 1 assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. 1 have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. Paragraph 7 of the Certifications and Assurances Removed 7, 1 have examined the cediiirafinn .," , -- _., --._ - ..- - Signal v of Chief Execuhve Applicant Unit of Date of Certifcahon Local Governmentn � / r' -POn9(d I3Rrrre—r .[Lhl ust Printed Name of Chief Executive TiT/of Chief hve CALLn'M a � t�FR.scn.t tC%t'trr �� r�®hOh.PJ" Name of A icant Unit of Loc Government O.^-MA OF Tire CCU7VSai ORAKM CDIIMN, CAt1FOHMA VGPWY Dx.: �a 9 Rev. August 10, 2018 20A-7 U.S. Department oflus[ice qlp Office of lustice programs vwcc m me ASShataat AlnmCy General ty hhgmn.D.C. 20531 — Navember2, 2018 Mr. Frank Kim County cIOrange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. IGm: On behalf of Attorney General Jefferson Sessions III, it is my pleas he to inform you that the Office Of Justice Programs has approved your application for funding under the FY 17 Edward Byma Menmrial Justice Assismace Grant (JAG) Program - Local Smicimtion in the amount of $376,349 for Cowry of Orange. Enclosed you will find the Great Award and Special Conditious ducumenrs. 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 Ofa minimum level of cash -on -hand. Should you nut adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other ache aistmtive action as appropriate. If you have questions regarding this award, please costa,, Program Questions, Melanie Davis, Program Manager at (202) 305-7944; and Financial Questions, the Office of the Chief Fiavcial Officer, Customer Smrice Center (CSC) at (800) 458-0786, cr you may c.W the CSC at ask.ocfQ usduj.gov. Congratulations, and we lock forward m working with you. Summely, Malt Dummehmuth Principal Deputy Assistant Attorney General Enclosures 20A-8 OFFICE FOR CIVIL RIGHTS -''- Office of Justice Programs U.S. Department of Justice 810 7th sheet, NW Washington, DC 20531 Tel: (202) 307-0690 TTY:(202)307-2027 E-mail: askOCRCuuloj.gcv Websid: www.ejp.usdoJgov/ocr November 2, 2018 Mr. Frank Kim County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear bir. Kim: Congrumlatinns nn your recent award. In establishing fmaucial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office ofJostiee Programs (0)P), U.S. Department of justice (D(J) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OV W) comply with the applicable federal civil rights laws. Weal the OCR arc available to help you and your organization meet the civil rights requirements that come with DOj funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOI prohibit discrimination on the basis of race, color, national Orion, religion, sex, m disability to funded programs or activities, not unly in employment but also in the deliveryof services or benefits, A federal law also prohibits recipients from discriminating on the basis ofage in the delivery ofservices or benefits. lu March 0172013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition (hatptuhibits discrimmationbased on acrosl m perceived race, "for, national origin, religion, sex, disability, sexual mienmfion,or gender identity, The now nondiscrimination grans condition applies to certain programs funded after October 1, 2013, The OCR and the OV W have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to undersmndtheir obligations. The Frequently Asked Questions are available athttps://Ojp.gov/abuuVoevvawafags.bt . Enforcing Civil Rights Laws All recipients of federal financial assistance, regurdte n of the particular loading source, the amount of the grant award, or the number -of employees in the workforce, am subject topmuldiffew against unlawful discrimination. Accordingly, We OCR investigates recipients that me the subject ofdiscrimination complaints from both individuals and groups. ID addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they am providing services equitably to all segments Ofthetir service population said that their employment practices meet cquul opponuilly standards, 20A-9 Providing Services to Limited English Proftefency (LEP) Individuals In accordance with DOJ guidance pertaining to Tide VI of the Civil Rights Act of 1964, 42 US.C. § 2000d, recipients of federal financial assistance must take reasonable steps in provide meaningful access to their pmgmms and aedivides for persons with limited English proficiency (LEP). See U.S. Department ofJustiee, Guidance to Federal Financial Assistance Recipients Regarding Tide VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website hltpsd/www.lep.gov. Ensuring Equal Treatment of Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ reguladon, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. In. 38, updated in April 2016, prohibits all recipient organizations, whether they she law enforcement agencies, govemanental agencies, educational institutions, houses of worship, or fh(th-based orgaai onions, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselyticemon. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they most hold them separately from the activities maded by the DOJ, and recipients concept compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs forded by the DOI are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal in hold a ruligiumbelief,orarofusaltoaneadorpardeipateinareligiompmctice. Funded faith -baled organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of die funded faith based organization, the funded faithhatedorganization will take reasonable steps to refer the beneficiary to an alterative service provider. For more information on the regulation, please see the OCR's website at https:f/ojp.gov/aboutloalparMemhips.htn. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(bx13), contain prohibitions against discrimination con the basis of religion in employment Despite these nondiscrimination pmvisinns, the DOJ has concluded that it may conswe the Religious Freedom Restoration Act (RFRA) on a case -by - case basis to permit some Faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please wnsult with the OCR ifyou have any questions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in employment Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and comi nion records in making hiring decisions. Sec Advisory for Recipients of Financial Assistance fmm the U.S. Department of hands on the U.S. Equal Employment Opportunity Commission's Enfbmement Guidance: Consideration ojArresr and Conviction Recrds in Employment Decisions Under TV& VII ofthe Civil Rights Acta/1964(June 2013), available at hops://ojp.gov/about/ocrlpdfs/UseDiComicfoo_Advisory.pdf Recipients should be mindful that the misuse of West or conviction records inscreen either applicants for employment er employees for retention of promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light ofthe Advisory, recipients should consult local cwand in reviewing their employment practices. If warranted, recipients should also incorporate an analysis ofthe use plainest and conviction records in their Equal Employment Opportunity Plans (EEGPs) (set below). Complying with the Safe Streets Aet An organization thatis a recipient of financial assistance subject m die nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 CF.R pt 42, saber. E) and (2) submitting to me CCR findings of discrimination (see 28 C.F.R. §§ 42.204(o), .205(c)(5)). 20A-10 Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in All levels of a recipient's workforce. As a recipient of DOI funding, you may be required to submit an EEOP Certification Report or no EEOP Utilization Report to the OCR For more information on whether your organization is subject to the EEOP requirements, see bops:!/ojp.gov!abouVocr/eeop.htm. For mAdditiorally, you may request technical Assistance from an EEOP specialist at the OCR by telephone at j202) 616-i !ab u by e-mail at EEOPformQusdoj.gov. Meeting lice Requirement m Submit Findings of Discrimination If in the three years prior to the date of the gram award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after adue-process hearing, from a state or federal court or Eom a state or federal adndnisiretive agency, your organization most send aeopy ofthe finding to the OCR. Ensuring the Compliance of Subreetpients SAAs must have standard mummers; to notify subrecipientss of their civil right obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subreeipients' compliance with civil rights requirements, and a program m train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MCA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of sobrecipients. For more information on the MOA requirement, sea baps://ojp.gov/fundingrExploTe/sMieMetho(lsAdmin-FY2017iipdate.h" If the OCR on assist you in any way in fulfilling your organizations civil rights responsibilities as a recipient of federal financial assistance, please ..matt as. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst 20A-11 US Department of Justice Office of Justice Prognm 1 ;� Bureau of Justice Assistance —_— I. RECIPffNFNAM6 AND ADDRESS 11iii Zip Code) i C9uvry vPOmvRe Sirius cn, CA .. Sirius Ma, CA 9D01 ........ ....... _.. 2a. GRANTEE IR AINDOR NO, 95000QBI 2E CRANTLC DLM9 NO Orange rJ i ely Ana FYU JAG ➢mjeee PAGE I OF 21 Grant 4.AWARDNUMBER: W17-01-BX-099D S. PROJECTPERIOD: FROM BOOOETPERIOD: FROM 6. A WARD DATT. 111022018 8. SIIPPLEMENTNUAIBE0. 00 9. PRFVICUS AWARDAMOUNT 10. AMOUNT OFTHIS AWARD II.TOTALAWARD 1WO 2016 TO Wid02020 101012016 TO W5WO20 T. ACTION EJtlal THEi ABOVE ORANT PEUIECT 2 APPROVED SUBJECT TO SUCH CONDITIONS OR LIMNATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. S1AI VJORY AM SORELY FOR GRANT 16A38 -Edwazd Byrne Merevrial Jmfice.4ssigence Gnvt Program 13. MEFHODOF PAYMfINT GPM 16. I VPEU NAAIEAND TITLE OF APPROVEVOOFFICVO. I Man DummermuM Principal Deputy AssisbvtARmvey General sD $ 3'16,M9 S 396,349 942U.SC,3711-31)7tF-S). 18, TYPED NAME AND TLTLE OF AUTHORIT.EO GRANTEE OFFJCD.f, Frank Rim Co-V Ezutive Officer Shin@{ -Pat Bisarwos 19.S/VIO�{NATTURREE OF/NPPROVINO OFFICIAL I9 SIGNAATTU�REO AGENCY USE ONLY 20. ACCODUTINGCLASSJFIGTION CUDLS Zl, SOICGTI UI FISCAL FUND BUD. DN, YEAR CODE ACC. OFC. REG. SUB. POMS AMOUNT X B ID 80 00 00 396349 OJP FOAM4C00@ (AEV.5-a l)PREVLUUS EDITIONS ARE oBsoLETE, OIP PORn,4DXE2 (REV.4-N) 19A. DATE AF?RC`vl� AS MFOFM omm OF THE COUNTY COUNSEL ORANGE- COUMfY, CALIFORNIA 20A-12 U.S. Department of Justice OtEae of Justice Programs " a Bureau of Justice Assistance PROIECf NIN. IBEA 101'/-DSDX�9990 i AWARD CONTINUATION SHEET Grant AWARD DATE 11/0=018 SPACIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or fiermaterially false statements The conditions of this award me material requirements of the award. Compliance with any certifications or assurances submitted byor on behalfof the recipient that relate to conduct during the period oFperformance also is a material requirement of this award. Failure to comply with my one or more of these award toquirements -- whether a condition sot out in full below, a condition incorporated by reference below, ora certification or assurance related to conduct during the award pound may result in the Office of Justice Programs ('OJP") taking appropriate action with respect to the recipient and the owed. Among other things, the OR may withhold award funds, disallow scars, or suspend or terminate the award. The Department of Justice ("DOJ"), including OH, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulem statemera to the federal government related to this award (or concealment or omission of a materal Fact) may be the subject of criminal prosecution (including under 18 USC. 1001 mdrm 1621, and/or 42 U.S.C. 3793a), and also may lead to imposition of civil penalties and admiaistratve remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812), Should my provision of u requirement of this award be held to be invalid or unenforceable by its terms, than provision shall that be applied win a limited construction so as to give it the maximum effect permitted bylaw, Should h be held, instead, that the provision is utterly, invalid or -unenforceable, such provision shall be deemed severable from tlris award. 2. Applicability of Pan 20D Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2017 awand from OR. The Put 200 Uniform Requirements were fast adopted by DOT an December 26, 2014 If Nis FY 2017 award supplements funds previously awarded by OUP under the some award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all lands under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) thin are obligated on or after the acceptance date of this FY 2017 award. For more information and resources on the Port 20D Uniform Requirements as they relate in Off, awanus and subawards ("subywanta"), see the OR website at hups:llojp.gov/frmdingPar1200UniformRequaements.lam. In the event that an awmd-rclamd question arises from documents or other materials prepared or distributed by OR that may appeal to conflict with, or differ in some way tram, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OR promptly for clarification. 3. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the DOJ Grams Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Finmcial Guide" available at htips:fojp.govMrnmcialgufde/DOJ/indox.h=). including my updated version that may be posted during the period ofperformmee. 0MF0lUA40(X0R(R!V 4-88) 20A-13 w> US. Department of Juaticc Offine oflusticeprogmaci AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE a OF 21 Grant PROIECTNIllNBER 2017dl-BX W AWARD DATE WOMB S➢LCIAT, CONDITIONS 4. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Pinancial Points Of Contact (FPOCs) for this award must have successfully ! completed as'UJP financial management and grant 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 1, 2016, wit] satisfy dlis condition. In the event that either the POC or an FPOC for [Phis award changes during the period of performance, din new POC or FPOC must have successfully completed an "OJP financial management and grant administration veining" by 120 calendar days after-- (1) the data of DIN approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC eaters i limmation on the new FPOC in OMS (in the case ofa new FPOC). Successful completion of such a training on or after January 1, 2016, will satisfy this condition. A list o1`01P tmiaings that OJP will consider "OJP financial management and grant administration training" for purposes ofthis condition is available at Mips://..ojp.gnv/tmining/ftntshtm. All trainings that satisfy this condition include a session on grant fraud prevention and doustion. The recipient should anticipate that OJP wil' immediately withhold ('Tiaem,") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP m impose additional appropriate conditions on this award. 5. Requirements related to "de minimis" iml¢e t: coal rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost ate described in 2 C.F.R. 200.414(i), and that elects to use the "de minimis" indirect cost rota, must advise OJP in wridug of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modifed total direct costs (MTDC) u defined by the Part 200 Uniform Requirements. 6. Roquiromcnttompoapomntiallyduplicativefunding If the recipient currently bas other active awards of federal funds, or if the recipient receives my other award of fedetl funds doing the period of performance for this award, the recipient promptly toast determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the '.. identical cost items for which funds are, provided under this award. Ifso, the recipient must promptly notify the DOJ awarding agency (OJP orOV W, as appropriate) in writing of the potential duplication, and, ifso requested by the DOJ awarding agency, most seek a budget -modification m change-ofproject-scopa grant adjustment notice (GAN) to eliminate my inappropriate duplication of funding, OlP FORM aoosn (REV. 4.89) 20A-14 U.S. Departmentof)ustice Office of.homee Programs Bureau of Justice Assistance l PROIECFN Utah 701]-W-e3(-0990 AWARD CONTINUATION SHEET Grant AWAROOATE SPECIAL CONUIIJONS it/Mltols PAGE 4 OF 21 7. Requiremenu related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAD/), currently accessible at https:/Av w.sam,gov/. This includes applicable requirements regarding registration with SAM as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards (" subtpants") to first -tier subrechd nts (frst-der "aubgrmtcos"), including restrictions m subawards to entities that do act acquire and provide (m the recipient) the unique entity identifier required for SAM registration. The detailsofthe recipient's obligatium related to SAM and or unique entity Identifiers are posted on the Off web site at https://ojp.gov/fundingfExplore(SAM.htm (Award condition: System for Award Vanngemem (SAM) and Universal Identifier Requirements), and are incorporated by reference bete. This condition deer rat apply to an award to an individual who received the award as a natural person f c., unrelated to my business or non-profit organization that he or she may own or operate in his or her narac). 8. All subawards ("subgruns") most have specific federal authorization The recipient, and any subrccipient ("subgrmtee°) at any tier, most comply with all applicable rcquitterm is for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- O1P considers a "subaward" (and therefore does not consider a procurement "contract"). The debits of the requirement for authorization ofmy subaward arc posted on the OR web site at htEps:flojp.goy/fundingtExploTeJSubawardAuthorimlion.hn(Award condition: All subawards ("subgrants")must have specific federal authorization), and are incorporated by reference here. 9. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed V50,000 The recipient, and any subrecipient ("subgrmtee") at my tier, most comply with all applicable requircmwts to obtain specific advance approval muse a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $I50,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers aprommarent "coomact" (and therefore does not consider a subaward). The details of the requirement for advance approval muse a noncompetitive approach in a procurement contract under an O1P award are posted on the OR web site at bnps-Ilojp_gov/landing/ExploreMonmmpetitiveProcurameni.btm (Award condition Specific post-awmd approval required in use a noncompetitive approach in a procurement contract (if Monet Would exceed $150,Oo0)), and are incorporated by Warmest here. OP FORM 4001/1! (REV. 448) 20A-15 U.S. Deparammt;Nmaice OfficeofJusfice Programs AWARD CONTINUATION i� Bureau of Justlee Assistance SKEET PACE 3 OF 21 Grant PROJECTNUMBER 1014-WHIC-0990 AWARD DATE t1/oL2018 SPECIAL C0ADITIONS 10. Requirements Featuring to prohibited conduct related to trafficking ire persons (including reporting requirements and OR authority to terminate award) The recipient, and any subretsipierd ("subgrantee") at any tier, most comply with all applicable requirements (including requirement to report allegations) pertaining to prohibited conduct related to the trafficking of pursues, whetber on the part of recipients, sulaceipients("subipmu s"), or individuals defined (for purposes of this condition) as"employees" of the recipient or of any subrociplent. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site athaps:,/ojp.gov/funding/Explore/PmhibitedCoaduct-Tmf6ctd g.htm(Award condition: ProWbital conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OR authority to terminate award)), and are incorporated by reference Sere. 11. Compliance with applicable ales regarding approval, planning, and reporting of conferences, meetings, trainings, and other evens The recipient, and any subrecipient ("subgrantee') at any tier, meet comply with all applicable laws, reguluumes, pulitam, and ufircial DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such cuiderm cos, and costs ofauendanee a[ such conferences. Information on the pertinent DOl def rition of conferences and the miss applicable to this award appears in the 0O1 Grams Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 12. Requirement for data on performance and effectiveness under the award The recipient mast collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the reamer (including within the timefiames) specified by OR in the progran solicicadon orodrer applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 13, OJP Training Guiding principles Any training or training materials that the recipient -- or any subrecipient (" subgrantee") at any tier --develops or delivers with OJP award funds most adhere W the 011` Training Cuidiag Principles for Ormtem and Subgranlees, available at baps:/,rojp.gov/funding/ojptrainingguidmgprinoipks.htm. 14. Effect of failure an address audit issues The recipient understands and agrees that theDO1 awarding agency (OJP or OV W, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does cot satisfactorily and promptly address outstanding issum from audits required by the Part 200 Untform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DO1 awards. 15. Potential imposition ofadditional requirements The recipient agrees to comply with any additional requirements that may be imposul by the DOJ awardmg agency (OJP or OV W, - appropriate) during the period of performance for this award if the recipient is designated as "bigh- risk" for purposes of the DOJ high -risk grantee list OIPFORM4NM (RRv_ 449) 20A-16 U.S. BepartmemofJusbee Office of Justice Pmgrams ii AWARD CONTINUATION Bureau of ,iustice Assistance SHEETI PAGE 6 OF 21 PROIECTI4UMBEx 2017-Ur-ex-msd Grant AWArsannlu 11I022016 SPFCIAI. CONDITIONS 16. Compliance with DOI regulations pertaining to civil rights and nondiscrimination-28 C.F.R. Part 42 The recipient, and any subreci➢ient ("subgrantee") at any for. must comply with all applicable requirements of28 C.F.R. Part 42, specifically including any applicable requirements in Subpart B of 28 CF.R. Par[ 42 that relate to an equal employment opportunity program. 17. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any stitumipient("subgrantee') at any tier, must comply with all applicable requirements of 28 C.F.R. Pont 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 18- Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipimt("subecmtee") at any tier, inner comply with all applicable requirements of28 C.F.R Pan 38, specifically including say applicable requirements regarding written notice W program be..f6arics mrd prospemive program beneficiaries. Pan 38 of28 C.F.R., a UOJ regulation, was amended effective May 4,2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out mles and requirements that pertain to recipient and subrecipient ("subgrmrtee") organi atiom that engage in or conduct explicitly religious activities, as well as rules and requirements than pertain to recipients and subrecipients that are Faith -based or religious organizations. The text of the regulation, now milled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electmnic Code of Federal Regulations (currently accessible at https://www.cefr.gov.lcgi- bin/ECFR?page-browse), by browsing to Title 28-Judicial Adamimatiou, Chapter 1, Part 38, under c-CFR "cumear' data 19, Restrictions on "lobbying" In general, as a matter of federal law, federal funds Candied by OJP may Out be used by the recipient, or any suhrecipient ("subgmntec") at any tied, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of my law, regulation, or policy, at any level of government See 18 U.S.C. 1913. (There maybe exceptions flan applicable federal statute specifically authorizes certain activities thatothnrwise world be barradby law.) .Another federal law generally prohibits federal brads awarded by OJP from being used by the recipient, or any subeecipient at my tier, to pay any person to influence (or mempt to iuflueace) a federal agency, a Member of Cangress, or Congress (or an official or employee of my of them) with respect to the awarding of a federal grant or cooperative agreement, subgmn; contract subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award, See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as in whether a particular use of federal funds by a recipient (or subrecipicnp would or might fall within the scope ofibese prohibitions, the recipient is to contact OR for guidance, and may act proceed without thc express prior written approval of 01P. OR FORM 400oo (REV, 486) 20A-17 U.S. Department of Justice �. Office of Justice Programs AWARD CONTINUATION ` f] Bureau of Justice Assistance SHEET PACE 7 Or 21 Grant '.,. PROTMle 4W-X 2017-Dr-RX-09K AWARD DATE 11101201e _---- SPECJAL CON0InOZ 20. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2017) The recipient, and any subrccipicut ("subgraume") at soy tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "gcnemt provisions" in the Consolidated Appropriations Act, 2017, are set out at hupsJ/ojp.guvlfmtdingrExplore(FY17AppropriatiansRestrictionahtm, and are incorporated by reference here Should a question arise as to whethera particular use of fedesul funds by a recipient (or a subrecipient) would or might fall within the scope of an approprialwns.luw natnetion, the recipient is to contact OR for guidance, and may not proceed without the express prior written approval of OJP. 21. Reporting Potential Fraud,Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must pmmptlyrefer to the DOJ Office ofthe Inspector Guam[ (OIG) any credible evidence that a principal, employee, agent, nubreeipient, contractor, subcontractor, or otherperson has, in Connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or(2) committed a etiminal or civil violation oflaws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fund, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by— (1) mall directed to: Office of the Inspector General, U,S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20510; and/or (2) the DOJ 010 hodine: (conlacl information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (Pax). Additional information is available from the DOJ DID websim at bops://oig.jusKce.gowbotlinc. OJ? FORM 4omn- (UV."8) 20A-18 U.S. Department oflusticc cr Office oflusioe programs Bureau of Justice Assistance PROIEGTNUIYffiER 2017DI-BXA99a AWARD CONTINUATION SHEET Grant AWAaDDATE 11/02lrota SPECIAL CONDITIONS 22. Restrictions and certifications regarding non -disclosure agreements and related matters PAGE s OF 21 No recipient or subrecipient ("subgramec") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require my employee or contractor to sign an internal confidentiality agreement or statement drat prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) ofwaste, fraud, or abuse to an, investigative or law enforcement representative of a federal departarmt or agency authorized to receive such information The foregoing is notintcnded, and shall not be undersmod by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form4414 (which relates to sensitive compartmented information), or say other form issued by a federal depurlment or agency governing the nondisclosure of classified information. L In eccepttag this award, the recipient — a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport m prohibit or restrict) employees or contractors hoar reporting waste, fraud, or abuse as described above; and b. eerdfies that, if it learns or is notified that it is or has been requiring its employees orcontractors m execute agreements or statements that prohibit or otherwise restrict (or purport in prohibitor restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop nay further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permitresnmptian of) such obligations only ifoxpressly authorized to do so by that agency. 2. If the recipient does or is authnriz d under this award ro make subawards ("subgrants"), procurement commas, or both -- a. itrepmentsfhat-- (1) it has determined that no otherentity that the recipient's application purposes may or will receive award funds (whether through a subaward ("subgmnt'), procuremem contract, or subeontra t under aprocurement contact) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit orothenvise cure ently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, orabuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. itcerfifies that, if it learns or is notified that any suhrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statcsuents that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop my further obligations ofaward funds to or by that entity, will provide prompt written notification to the federal agency making this awed, and will resume (or permit resumption ot) such obligations only if expressly authorized to do so by that agency. OR FOREI 400M(REV. 4-M) 20A-19 U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance PnomcrtaumeEa 2M7m-ax.0s90 AWARD CONTINUATION SHEET Grant AWARDDATn 1VOli2019 SPECIAL COADMONS 23. Compliance with 41 U.S.C.4712(including prohibitions on reprisal; noticeto employees) PAOR 9 OF 21 The recipient (.ad any submcipienl at any tie)..t comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provision, that prohibit, under specified uhmumstances, discrimination against an employee as reprisal for the employee's disclosure ofinfomnation related to gross mis ntr agementof a federal grant, a gross waste of federal funds, an abuse of authority reining to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, mle, or regulation related to a federal grant. The recipient also most inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712, Should a question arise as to the applicability of flue provisions of41 O.S.C. 4712 to this award, the recipient is In contact the DOJ awarding agency (OJP or OV W, as appropriate) for guidanco. 24. Encoumgcmcnt ofpoGcies to ban textmessagiogwWledriviog Pursuant to Executive Order 13513, °Federal Leadership on Reducing Text Messaging While Driving,' 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("snbgrantees") m adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach m decrease crashes caused by distracted drivers. 25. Ccoperatingwilh OJPMonitoring The recipient agrees to cooperatewith OR monitoring ofthis awazd amount to OR s guidelines, protocols, and procedures, and to cooperate with OR (including the grant manager for this award and the Office of Chieflimenceial Officer (OCFO)) requests mlatcd to such manibrm& including requests related In desk reviews and/or site visits. The recipient agrees to provide to OR ell documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient ageccs to abide by reasonable deadlines setby OJP for pmvidiag the requested documents. Failure to coopemte with OJP's monimring activities may result in actions that affect the recipient's DOJ awards, including, but rat limited ro: withholdings and/or other restrictions on the recipient's access to award funds; refenal to the DOJ OIG for audit review; desiguadon ofthe recipient as a DOJ Hight Risk grantee; or mensuration ofan award(s). 26. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $25,000 or MOM and, in certain circumstances, to report the names and rural Wmpeneation of the five most highly compensated executives of thc rmipicnt and E t-tier subreoipicnts (tint -tier %ubgrantees") of award funds. The demils ofreeipieut obligations, which derive from the Federal Funding Accountability and Transparency Act of2006 (FFATA), are posted on the OJP web site at hops:/iojp.gov/fundingjExplorwYFATA.htm (Award condition: Reporting Subawards and Executive Compeusatioa), and arc incorporated by reference here. This condition, including id reporting requiremcnQ dots not apply to— (1) en award of less than M,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). ON F=V stain tREV. 443) 20A-20 a U.S. Department ofJuafioa OfficenflustiesPrograms AWARD CONTINUATION Rareau of Justice Assistance SHEET roue 10 OF 21 Grant � _.._ PROII;CThTRdMA ]0]7-DI-B%4990 AWARD ❑4TP. 11/022a18 SPECIAL CONDITIONS 27. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 28- Justice Information Sharing In order to promote information sharing and enable interoperebility among disparate systems across the justice and public safetyco rmunity, the recipient (and any subrocipient at any tier) must comply with DON Global Justice Information Sharing Initiative (DOSS Global) guidelines and recommendations for this particular award. TLe recipient shall conform to the Global Standards Package (GSP) and all consthuent elements, where applicable, as described are https:/fit.ojp.gov/gsp_gmnicondition. The recipiei shall desuarcal planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended 29. Avoidance ofduphoation of networks To avoid duplicating existing netwod¢ or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity hetweenjurisdicdom, such systems shall employ, se the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction ofBJA that this requirement would not be cost effective or would impair ire functionality of an existing or proposed IT system. 39. Compliance with 28 C.F.R. Part 23 Whh respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Stood OJP determine 28 C.P.R. Put 23 to be applicable, OJP may, at its discretion, perform audits ofthe system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be tined as per 42 C.S.C. 3789g(c}(d� The recipient may at satisfy such a fine with federal fuads. 31, Protection ofosman research subjects The recipient (and any subreeipient at any tier) must comply with the requirements of28 C.F.P. Part 46 and all OJP Policies and procedures regarding Lie protection a rlwmau research subjects, including ublaminentof lnstimnonel Revicw Board approval, it appropriate, and subject informed conseat 32. Confidentiality ofdati The recipient (and Any subrecipient at any tier) must comply with all confidentiality requirements 01742 US C_ 37R9g and 28 C.F.R Part 22 that are applicable to collection, use, and revelation of Bala or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Carrificare that is In accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C F.R. 22.23. OJP FORM 40111M (REV 4-381 20A-21 U.S. DepamnentofJustice Office of Justice Programs AWARD CONTINUATION a f Bureau of Justice Assistance SHEET PAM It or xt Grant PROJECT tlnlrtaER Y019-111-aX-0990 AWARD HATE 11!0212018 SPECIAL CONDIZIO,VS 33. VedBcation and updating of recipient contact information The recipient must verify its Point ofC mmcITOC), Financial Point of Contact (FPOC), and Authorized Representative contact [formation in GMS, including telephone number and e-mail address. If any information is incorrect orbas changed, a Grant Adjustment Notice (GAN) most be submitted via the Grants M=gcment System (OMS) to document changes. 34. Law enforcement task forces -required training Within 120 days of award acceptance, each correct member of a law enforcement task force funded with award funds who is a task farce commander, agency exmutive, task force offices, or other task force member o£equivalent rank, most complete required online (intcmet-based) taakforce training. Additionally, all theme task Faroe member must complete This training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ettli.org). The training addressed task force effectiveness, as well as other key issues including privacy mid civil libartieshighls, task force performance measurement' personnel selection, and task fame oversight and accountability. If award funds are used to support task force, the recipient must compile and maintain a task force personnel mster, along with course completion certificates. Additmoal information regarding the training is available through BIA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 35, Required attendance al BJA-sponsored events The recipient (and its subrceiph ous at any tier) must participate in B1A-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 36. Justification of consultant rate Approval of tltis award does not indicate approval of any consuimut rate in excess of$650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or, expen limun of such foods. ON FORM 40002 WV 449) 20A-22 U.S. Depam.cnt of Justice Office of Justice Programs AWARD CONTINUATION Btareau of Justice Assistance SHEET PAGE 12 OF 21 Grant PROJECTNIMHER 2017OI-EX09% AWARD DATE ttl022019 SPECIAL COND17YONS 37. Compli once with National Environmental Policy Act and related statutes Upon request, the recipient (and my subrecipienl at my tier) must assist BJA in complying with the National Environmenal Policy Act (NEPA), die National Historic Preservation. Act, and other related federal enviromnental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any ofhe following activities will be Funded by the grata, prior to obligating funds for any of these purposes. If it is determined that any ofhe following activities will be funded by the award, the recipient agrees m 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 so, the activity is being conducted by the recipieut, a subtecipicn5 or any third party, and the activity needs an be undertaken in order muse these award funds, rids condition mast first be met The activities covered by this condition are: a. New concoction; Is. Mirror renovation or remodeling ofa property located in as cuviiomnentally or historically sensitive ores, including properties located within a I00-year food plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use ofa building or facility that will either (a) result in a change In its basic prior use or (b) significantly change its sirz; it. implementation ofa new program involving the use of chemicals other than chemicals that arc (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in cities, household, recreational, or educationenvironments; and e. Implementation ofa program reladng to clandestine methamphemmine laboratory operations, including the identification, seizure, or closure of elandcsdne trcthemphctamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assevwnent and/or an Environmental bnpact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation ofa Mitigation Plan, as detailed at https://bia.gov,'Funding/nepa.ht", for programs relating to methamphetarnme laboratory operations. Application of This Condition to Aecipiam's Existing Programs or Activities: For my of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BIA, agrees to cooperate with IUA in my preparation by BJA ofa national or progtann enviromnental assessment of that fund ad program or activity. 38. Establishment of tout Pond If award funds arc being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a must fond account. (The most fund may ormay, not be an interest -bearing accomt.) The fund, including my interest, may not be used to, pay debw or expenses incurred by other activities beyond the scope othe Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the most food (including any interest eamed) during the period of perfarmmce for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, most be returned to OJP at the time nf.l.s.m. OR FORM 4Ma (REV.4 aa) 20A-23 - U.S. Deymimeui uClusdce Office of Justice Programs AWARD CO]NT)IN UATION t t Bureau of Justice Assistance SHEET PACE 13 Or 21 A. Grant PROJRCI'N(nR 2or7-DJ-M4)990 AWARE DATE 1110220.a SPECUIL CONDITIONS 39. Prohibition on use ofaward funds for matchunder BVP program JAG funds may be used to purchase lasts for an agency, but they may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 40. Certification of body armor "mandatory weer" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wem" policy in effect The recipient must keep signed Fordficadons on fik for any subrMigients planning W utilize funds from this award for ballistic -resistant and stab - resistant body armor purchases. This policy most he in place for at least all aniformed officers before any foods from this award may be used by an agency for body armor. Them me no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. '.. 41. Body armor- compliance with NU standards Ballistic -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 mannfacti er, as long as the body armor has been tested and found to comply with applicable National lostimte of Justice ballistic or stab standards and is listed on doe HIS Compliant Body Armor Model List (https:llmj.gov,). In addition, ballistic -resistant and stab -resistant body armor purchased must he American -made. The latest NO standard information can be found here: littps://nij.govi opieshechnology/body- nrmor/pages/safety-iwtintive.aspx. ''.. 42. Required monitoring ofsubawards The recipient must monitor subawmds under this JAG award in accordance with all applicable smtutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this meant in any subaward. Among other things, the recipient is responsible for oversight of subrecipicnt spending and moniteriag of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to suborn, upon reques, documentation of its policies and procedums far monitoring of subawards under this award. 43. Reporting acquirement. The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-ansial performance reports through OJP's GMS (https://gmms.ejp.usdoj.gov). Consistent with the Deparbncnt's responsibilities under the Geverameut Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measures the results ofits work The recipient must submit quarterly performance metrics reports though BJA's Performance Measurement Tool (PMI)websile(wwwijaperformoseemols.mg). For more detailed information on '.. reporting and other JAG requirements, reforto the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 44. Required data on law enfomement agency training Any law enforcement agency receiving direct or sub awarded funding from this JAG award most submit quarterly accountability metrics data related to gaining that officers have received on the use of force, metal and ethnic bias, de- escalation of conflict, and constmetive engagement with die public. DIP FORM dnlaln (RPV 4R8) 20A-24 U.S. Department of Justice Office of Justice Programs Bureau Of Justice Assistance PROIYC"f NUMdER 201]-N-BX-p59p 45. Proldbitad Expenditures List AWARD CONTINUATION SKEET PAGE 14 OF 21 V'iaRt AWARD DATE 111mo18 SPECIAL CONDITIONS Award fonds may not be used for items that am listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure List may be accessed here: httpx//www.bjagov/funding/JAGCatstrolledPnmhueListpdf 46. Controlled expenditures - prior written approval required Award Rinds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including es the list maybe emended from time to time, without explicit written prior approval fmmBJA. The Controlled Expenditure List, and instructions on how To request approval for purchase or acquisitions are set out at https./iw w.bja.gov/funding/JA(3ContmIledP=hweList.pdf V. Controlled expenditure: - incidemt reporting If an agency uses award funds m purchase or acquire any item on the Controlled Expenditure List atthe time of purchase or acquisition, including as the list may be amended from time to time, the ugenery must collect and retain (for at (cast 3 years) certain hrfonuatiou about the use of— (1) any @demlly-acquired Controlled Equipment in the agency's inventory, and (2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and the agency must make that information available in WA upon request Details about what information must be collected and retained are set out at https://oip.gov/docaQ.E- Equipment-W G-Final-Report pdf 48. Sale of items om Controlled Expenditure Lisa Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R. 200.313, no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third parry, except as described below: a. Agencies may transfer or sell any wuuulied equipmem, except riot helmets and not shields, m a Law Emtomement Agency (LEA) after obtaining prior written approval from BJA. As a condition ofthal appmeal, the acquiring LEA will be required to submit information and certifications to BJA on if it were mquesting approval to use twin funds for the initial purchase of items on the Controlled Fxpeaditme List. b. Agencies may not transferor sell my riot helmet orriot shields purcbased under this award. c. Agencies may nottransferor sell any Controlled Equipment purchased under this award to non -LEAS, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from Bilk All law enforcement -related and other sensitive or potentially dangerous compomnts, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. The recipient must notify D.IA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds, and must abide by any applicable laws (including regulations) in such disposal. 49_ Prohibited ar controlled expeadiNras - Effect of failure an comply Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any fanherappeovals of controlled expenditures under this or oil=federal awards. OR FORM 40002 (REV. 4-83) 20A-25 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PaomcrNuMnna 2017-w-nx-0990 50. Controlled expenditures - Standards AWARD CONTINUATION SHEET PAGE IS Or 21 Grant Lw:tanlrrM, SPAUML CONDIMONS Consistentwith recommeMedon 2.l afExecutive Order 13688, a law enforcement agency that acquires controlled cquipmentwith award funds must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes politics on (a) Community Policing; (b) Constitutional Policing; and (a) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment (b) Supervision of Use; (c) Effurtivea ns Evaluation; (d) Auditing and Accountability; and (c) Transparency and Notice Considerations. Upon OJP's request, the recipient must provide acopy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 51. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on at after October 1, 2016 The recipient may obligate(federal) award funds only after therecipient makes a valid acceptance ofthe award. Asof the first day of the period of perfummnce for the award (October 1, 2016), however, the recipient may choose to incar project costsusing tun -federal funds, but soy such project costs us incurred at the recipients risk until, at a minimum— (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions arc removed by OIP (via a Grmt AdjustmentNotiee). (A withholding condition is ¢ condition in the award docum sat that precludes the recipient from obligating, expanding, or drawing down all or a portion of the award funds until the condition is removed,) Except to the extent (if any) that an award condition expressly precludes reimbursement ofproject costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself forproject costs incurred "at-tisk" earlier during the period ofperformanc, (such as project costs incurred prior to award acceptance or prior m removal of an applicable withholding condition), provided that those project war$ otherwise are allowstble costs under* a award. Nothing in this condition shall beunderstood to authorize the recipient (an any subreeplent at any fier) to use award funds to "supplant" State or local funds in violation of tho recipient's certification (executed by the chiefexecutive of the State or local govcmm ad) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement actwifies. 52. "Certification ofCompliunce with 8 U.S.C. 1373" required for valid award acceptance by a unit of local government In order validly to accept this award, the applicant local government most submit the required "Certification of Compliance with 8 U.S.C. 1373" (executed by the chic legal officer of thc local govcr ament). Unless that exceuted certification either— (1) is submitted to ON together with the fithyexecuted award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a unit of local government that purports in accept the award is invalid. If an infect award -acceptance submission by therecipient is invalid, once the unit of local government does submit the necessary cerdficatioo regrading 8 U.S.C. 1373, it may submit a fully -executed award document executed by the unit of local government on or after the date of that cedificstion. For purposes of this condition, "local government" does not include any Indian ldbes. OIP FORM40002 (REV. 88) 20A-26 U.S. Department of Justice Office of Justice Programs ' Bureau of Justice Assistance PROIECTMAMER ?D11-DI-BX-0990 AWARD CONM-UATION SHEET Grant AWARODATF 11/OL2018 SPECL41 CONDITIONS 53. Ongoing compliance with 8 U.S.C. 1373 is required PAGE 16 OF 21 1. With respect to the "program or aefivity" funded in whole or part under this award (including any such "program or activity" of any subrecipient at any 6.), throughout the period ofperformunce for the award, no Sum, or local government entity, -agency, or official may prohibit or in my way restrict— (1) any government entity or -official from sending or receiving information regarding citizenship or immigration samis w described in 8 LLS C. 1373(a); or (2) a goverment entity or -agency from sanding, requesting orreceiving, maintaining, or exchanging mIr msadora regarding immigration status as described in U.S.C. 1373(b). For purposes of this award, any prohibition (or restriction) that violates this condition is as "inferramion-communication restriction." 2. Certifications from subrecipients. The recipient may not make a subaward to a Sate or local government or a "public" institution ofhigher education, unless it first obtains a certification of complimec with 8 U.S.C. 1373, properly executed by the chleflegal officer of the jurisdiction or institution that would receive the subaward, using the appropriate farm available at hate, l;ojp.govlfunding'FxplarelSampleCerfifmatiom-8U8C1373.htm. Similarly, the recipieat most require that no subrecipient (at my tier) may make a further subaward to a State or local government or a "public" mattutien of higher education, unless it fist obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chieflegal officer of the jurisdiction or institution that would receive the further subaward, using the appropriate OJP form. 3. The recipient's monitoring responsibilities include monitoring of snbrecipient compliance with the requirements of this condition. 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds any be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if my) that the recipient, or my subm;ipimn at my tier dint is a Sao or Iota( government or a "public " institution of higher education, incurs no implement this condition. 5. Rules of Construction A. For purposes of&a condition: (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution ofhighor education is one that is owned, oonteollcd, or directly funded by a State or local government. (3) "Program or activity" meats what it means under title V1 of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a) (4) "lmmigradonstams" means what it means for purposes of U.S.C. 1373 (Illegal Immigration Reform and Immigrant Responsibility Act of 1996); and terms that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act) mew what they mew wider that section I ICI, except that the term "Sate" also shall include American Samoa (ef 42 U.S.C. 901(a)(2)). (5) pursuant to the provisions set out at (or referemed in) 8 U.S.C. 1551 time ("Abolition... and Toonfer of Functions"), references m the "htnigmtion and Naturalization S^rvice" in 8 US.C. 1373 are to be read as references to particular components of the Department of Homeland Security (DIIS). B. Nothing in this condition shall be understood to authorize or require my recipient, any suhrecipient at any tier, any State or local government, any "public" institution of higher education, or any other Entity (or individual) to violate my federal law, including any applicable civilrights of noudiscriuduation law. ON FORM IOW/: (REV.448) 20A-27 U.S. Department oflustice Office oflustice Programs j Bureau of Justice Assistance i PROJOCrtafMDER 2017 1)1-10(-0990 AWARD CONTINUATION SHEET Grant AWARD DATE 11N1,301B PAGE CI OF 21 SPECUL CONDITIONS IMPORTANTNOTE: Any questions about the meaning orscope of this condition should bedirected to OIP, before award accaptance. 54. Authority to obligate award funds contingenton compliance with 8 U.S.C. 1373;unallowablecosts, obligation to notify A. 716eIf91igim(piegtioh�Y4�N' bak�5veisaufentihe time nfthe obligatiov,the "program oractivity" of the recipient (prof any subrecipient at any tier that is a tither a Stale or unit of local govermnent or a "public" institution of higher education) that a funded in whole or in part with award funds is subjectto any "informadoncommunication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse iuelfif— at the time it incurs such tests — the'program or activity" of@erecildent(or ofany subrecipient at any tier that is a either a State or unit of local government or a "public' institution of higher education) that would be reimbursed in whole or in part with award finds was subject to any "information cnuau nicafion restriction" C. Any drawdown of award funds by'the recipient shall be considered, for all proposes, to be a material representation by OSe recipient n OJP that, as ofthe date the recipient requests the drawdown, the recipient and all subrecipienls (regardless oftier) are incompliance with 8 U.S.C. 1373. D. The recipient must promptly notify OJP(in writing) if the recipient, from its requisite monitoring of compliance 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 gow avant or a "public' imliudion of higher education, maybe subject to any "intomtetion-communication restriction." In addition, any subaward(a[ any tier) to a subrecipient that is either a State or local government or a "public" institution of higher education most require prompt uotification to the entity that made the subaward, should the subrecipient such credible evidence regarding an "information -communication restriction." 2. Any subaward (at any tier) to a subrecipient that is either a State or a local govemmen: or a "public" institution of higher education must provide that the. subrecipient may not obligate award funds if, at the time of the obligation, the "program arse tivity" of the subrecipient (or of any further suob subrecipient at any tier) that is funded in whole or in part with award funds is subject to any "information -communication restriction." 3. Absentee express written determination by DOJ to the contrary, based upon a finding by DOI of compelling circumstances (e.g., a small amount of award funds obligated by therecipient at the time of a subrecipient's minor and transitory noncompliance, which was unknown to the recipient despite diligent monitoring), arty obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes ofthis award Inmakingany such determination, DOI will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required." 4. Rules ofConstmction A. For purposes of this condition"informatioucomnemication resuictlen" ties tire meaning set out in the award condition entitled "Ongoing compliance with 8 U.S_C. 1373 is required." B. Both the" Rules of Construction" Rod the "Important Note" set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference asthough set forth here in fall. Our FORA 4000'2 (REV, q as) 20A-28 U.S. Department of Justice Office of Justice Programs ` Bureau of Justice Assistance PItD1ECT1,7UTtHF.R 2014-DI-BX0990 AWARD CONTUNUATION SHEET Grant AWARD DATE I110=19 SPECIAL COVDITIONS 55. Required Slate-levelnles orpmetices related w aliens; allowablecosts PAGE 18 OF 21 The following provisions apply to the recipient of this award, if the recipient is a Snare government, and also apply to any State -government subrecipient at any tier (whether or not the recipient is a State government). 1. Requirements With respect to the "program or activity- that is funded (in whole or in part) by this award, as of the date the recipient accept this award, and throughout the remainder of the period ofperfonnance for the award -- A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State.coutrscted) c nnoticnal facility for the purpose of permitting such age= to meet with individuals who are (or are believed by such agents to be) aliens and m inquire as to such individuals' right to be orremain in the United States. B. A State statute, or a State rule,-regdudon, -policy, or -practice, must be in place that is designed to ensure that, when a State for State -contracted) correctional facility receives from DHS a formal written request audutrired by the Immigration and Nationality Act that seats advance notice ofthe scheduled release date and time for a particular alien in such facility, then such facility will honor such request and— as early as practicable (see post. 4,B. of this rvnditlon) --provide the requested notice to DHS. 2. Monitoring The recipient's mumimmi; responsibilities include monitoring ofsuhrecipicat compliance with the requirements ofthis condition. 3. Moveable cuss Compliance with these regviremens is an authorized and priority purpose of thus award. To the extent that such toss am not reimbursed under any other federal program, award funds may be obligated (including far authorized reimbursements) for the reasonable, necessary, and allocable costa (if any) of-- (1) developing and putting into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in pars. LA. above, and (3) honoring any request from DHS that is encompassed by para I.R. above. 4. Rulesofconsiruction A. Forpurposes of this condition-- (1) thereon "alien" means what it means under section 101 ofthe Immigration and Nationality Act (sec 8 U.S.0 I IDI(E)(3)). (2) the term "corectional facility" means what it means under the Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (sec 42 U.S.C. 3791(aH7)). 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 time the individual would have been rcicascd in the absence of this condition. Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hour, if possible).' (See DHS Form 1-247A (3/17)). In die event that (e.g., fit light of dtc date DHS made such request) the scheduled release date and time for an alien are such as not to permit the advance notice that DHS has requested, it shall cotbe a violation of this condition to provide only as much advance notice as practicable. OUP FO" 400012 (REV. 489) 20A-29 r U.S. Department of Joni Office of Justice programs Bureau of Justice Assistance �� PlrO1FCTNLMnFR AWARD CONTINUATION SBEET PAGE l9 OF 21 Grant 3017.Or-BR-0990 AVV P DATE 11/01/2018 SPECLIL CONDITIONS NOTE Current DHS practice is to use one form (DHS Form I-247A (3117)) for two distinct purposes -- m request advance notice of eheduled release, and to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition imposes NO requirements as to such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. 56. Required local -government -level rules or practices related to ahm allowable costs The following provisions apply b the recipient of this award, if the recipient is a unit of local government, and also apply to any local-goverrmnt subrecipient of this award at any tier (whetter or not the recipient itselfis a unit oflocal govern m) 1. Requirements With respectto the "pmgnm reactivity" that is funded (in whole or to part) by tiffs award, as of the dale the recipient Mori this award, and throughout the remainder of the period ofperfortnance for the awar(f- A. A local ordiamoc, -rule, -regulation, -policy, or practice (or an applicable State statute, -rule, -regulation, - policy, or practice) most be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given access a local-govemment (or local-govermmenbcontracted) correctional facility for the purpose ofpermitting such agents to meet with individuals who are (or are believed by each agents to be) aliens and to inquire os to such individuals'right m be or remain in the United States. B_ A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to ensure that, when a local-goverament (or knoll-govemment- contracted) Containers] facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice orthe whedulel release date and time for a particular alien in such facility, than such facility will honor such request and -- as early as practicable (see "Rules of Construction" incorporated by pam.4 B. of this condition)-- provide the requested notice to DHS. 2. Monitoring The recipient's mun inning responsibilities include monitoring of subreripicat compliance with the requirements of this condition. 3. Allowablecosm Compliance with these requirements is an ac(hurized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if my) of (1) developing and putting into place statutes, ordinances, rules, togudations, policies, and practices to satisfy this condition, (2) permitting seem as described in pan. I.A. above, and (3) honoring any request from DHS that is encompassed by pars, I.B. above. 4. Rules of construction A. The"Rules ofConsuuction"and the "Important Note"set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is requited" are incorporated by mferece as though set forth here in fill. B. The " Rules of Construction" set out in the award condition entitled "Required State -level rules or practices related to slims; allowable costs" are incorporated by refereace as though set forth here in full. On' FORM 400012 (REVA-th 20A-30 U.S. Department of Justice Office oflustkeprograms AWARD CONTINUATION ' ? Bureau of Justice Assistance SHEET ➢ACF 2e or 21 Grant ➢RnJFCTN7MEFA 10I7DLRX.0990 AWARD DATE MOMMS SPECIAL CONDEMS 57. Useoffunds for DNA testing; upload of DNA profiles Ifawardf suds we 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 maybe entered or uploaded tow any non -governmental DNA database without prior express written approval from INA. Award funds may not he used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for may into CODIS 58. Encouragement ofsubmission of"success stories" '.. BSA strongly ancoumgea the recipient to submit annual (or mom frequent) JAG success stories. To submit a success awry, sign is to a My 13JA acwunt at hops://www.bjagov,4.ogin.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at hfps:/)www.bja.gov/pmfile.aspx. Once registered, one of the available areas on the My BSA page Will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by HJA, all success stories will appear on the HIA Success Story web page at httpsdhvww.bjagovi'gmce%StoryLista px. 59. Fecquimment in disclose whether recipieot is dcsiguatod "high risk° by a fcdcml grant -making agency outside ofDOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOS, currently or at any time during the course of da period of performnco under this award, the recipient most disclose that fact and certain related Information to OJP by email at OSflComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipients past _ performance, or other programmatic or financial concerns with the recipient. The recipients disclosure must include the following: 1. The feclaral awarding agency that currently designates the recipient high risk 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 60. Reclassification of various statutory provisiom 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 to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of so mtory provisions piamricat to OR awards (diet is, OJP smuts and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a smmrory provision that has been reclassified to tlhe new Tide 34 of the ItS. Code is to be read as a reference to that stationary provision as reclassified w fill This rule ofconstruction specifically includes references set am in award conditions, eafercoccs set out in material incorporated by reference through award conditions, and references set out in other award requirements. 61, Withholding offunds: Required cerHfcaflon from the chief executive of the applicant government The recipient rosy not obligate, expend, or draw down any award funds until the treatment submits the required "Codifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by Off), Rod a Grant Adjustment Notice (GAN) has boon issued to remove this condition. OP FORM 400012 (REV. 4-89) 20A-31 U.S. Department of Justice OfiiceofJustice programs AWARD CONTINUATION oAxRnreau of Justice Assistance SHEET PACE 21 OF 21 Grant PAOIECf KU2ABER 2017-1I-BX-0990 AWARD DATE nmanms SFECLIL COND17YONS 62. Withholding offends. Mrmorandmn of Understanding The recipient may not obligate, expand, or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued m remove this condition. 61. Withholding offunds: Budgetnarmtive The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the budget narrative for the award, and a Grant Adjustment Notice (GAN) has here issued to remove this condition. 64. Withholding of funds: Disclosure of pendingapplications j The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure offending applications" for federal funding or a specific, affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions at the program solicitation, (2) OJP has completed its review of the information provided and of any '.. supplemental information it may request, (3) the recipient has made any adjustments to the award that GO may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing m any necessary reduction ofthe award amount in my amount sufficient to prevent duplication (as determined by OR), and (5) a Gmm Adjustment Notice has been issued to remove this condition. 65. No funds under this award may be provided m the City of Sears Ana unless and until (1) the recipient and the City of Santa Ana have submitted additional material to OF concerning the City of Santa Ana's compliance with 8 U.S.O. § 1373, (2) OR has verified thatjurisdicdon's compliance with 8 U.SC. 11373, and (3) OR issues a Grant Adjustment Notice (GAN) to modify or remove this ennditioa OR FORM 40002 (REV. 4.88) 20A-32 U.S. Department of Justice Ottice of Justice Programs Bureau of Justice Assistance rfaAm'pn. O.C. 2013, Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange The Edward Byron Memorial Justice Assistance Grant Program (JAG) allows slates and local governments to support abroad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients o£JAG finding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds arc used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) signffcantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetarame laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/napa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. 20A-33 U.S. Department oflumtice '... GRANT MANAGER'S MEMORANDUM, PT. I: GrJicn,.0annarmgama - PROJECT SUMMARY Bureau of Justice Assistance Grant PRGJE(.T N JMBER PAGE 1 OF 1 2017-BJ-DX-0990 '. projectisuppundr FYll(BJAASwem JAG Ua) Tifl.I.Mb. LNo. 90-J51(gnerally wdifcA at 62 U.3.C.3]I1.319]H-5), dWing subpamlofpertE(codifiedv 42 U.S.C.3]30-A58); se vso 26 U.S.C. 5300(a). 1 STAFF CDNTACT Cie ame& mlphone number) Melanie Davis (202)305-]944 In. TITLE OF THEPROGRAM 2. PROJECT 1) R TOR (Name, address & WMhone camber) Tan, Nguyen Grant Manager 10 Civic Ceram Plata 0mnge, CA92868 3303 (714) 935-6369 act6869 Jb. POMS CODE (SEE INSTRUCTIONS Justice Assistance Grant (JAG)Progmm- fond Solicitation ON REVFJISD 4. TITLE OF PROJECT Om%c CountyA aEYt]JAG Project 5. NAIJE & ADURFSS UP GRAN I F.F. Ceunly of Orange 10 Civic Censer Plaza Seam Ana, CA 92701 6. NAME & ADRESS OF SIJBGRANTEE ]. PROGRAMPERIOD ( B. BUDGET PERIOD PROM: 10/012016 TO: 095M020 FROM: t9/012016 M 09/302020 9. AMOI.NT OF AWAR➢ 10. DATE OF AWARD 8376j49 11/022018 11. SECOND YEAR'S BUI)GEJ : 12. SECOND YEAR'S BUDGET AMOINT IJ. THIRD VFAR'S eUUGE'f NNRIOD i Id. THIRD YFJtR5 BULN}ET AMOUNT ' 15. SUMMARY DESCRIPTION OF PROJECT (See lmtacdun on. reverse) TTe Edward Byntn Memorial Juatim Aaaimnce Gant Pmgmm (JAG) allows sates and uniis oflecal governtuenq including vibes, w support a bread rage of criminaljastice related nepvidea Cased on der own stare earn local needs and conditions. Gram funds can In, used for saw and local itddadves, aectaiaol assistance, training,personnel, equipment supplies, contocaml sugwtt, and information sysmms for aimimljustime, including for any One or mom of to foRawing purposs v: l) law enfomemeat mogmau; 2) prosecution and comp ogams: 3) prevention and aduestion programs; 4) wmcti=and community ecamotiom progmmr: 5) dtug rmaaant and eNememevt pnegam; 6) planuog, evaluation, and w1andogy impmvemeur p opmas;'J) crime victim and waarss pw,ams (otter dw compem adon): and 8) maw, Imalrh pm,amna and slated law enfomemeat and comcdams pmgama, including behavioral pmgmms and crisis imarvealon team. This local JAG award will ba saved by din County and one or mmreJmsdiu(ons idea ified as dispeam winds the cumin[ Film Year eligibility list (www.bja.gov0ag). JAG fuming will he used msu,,r. criminal justice mradives that fall under one or more ofthe Whaaabb program areas above Aay ' OR FORM 4W0 (REV. 4-98). 20A-34 egwpmentpurct s or ftndcd uutivnvw smb ua uverdmc, mak foram, drug prugmo,iu£ommtica sbaro,.eic. will be aimcd at redudng crime ead/oraduncirrst publidatlimt safcry. NCANCF 20A-35 Exhibit 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2018 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG' LOCAL SOLICITATION PROJECT NUMBER 2018-DJ-BX-0820 AWARD DATE 11/16/2018 ACCEPTANCE DATE:8/23/2019 1. Participants Participants hereto acknowledge the County of Orange as lead fiscal agent in charge of programmatic oversight and administration of funds and compliance over all eligible participant law enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties." IL Purpose The purpose of this Memorandum of Understanding (MOU) is to support of the objectives of the Office of Justice Programs, expressly those identified as Priority Purpose Areas (PPAs) for the term of this award. Ill. Program Overview and Description of Projects) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. The County of Orange (Sheriff) will determine validity of each project included in the application 20A-36 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2018 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION PROJECT NUMBER 2018-DJ-BX-0820 AWARD DATE 11/16/2018 ACCEPTANCE DATE:8/23/2019 and subsequent awards. JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE RECEIPT OF FUNDS FROM THE DEPARTMENT OF JUSTICE AND TRANSFER OF FUNDS FROM COUNTY TO MUNICPAL GOVERNMENTS AS DETAILED IN "ATTACHMENT 1: LOCAL AWARD ALLOCATION TABLE: ORANGE COUNTY, CA." COUNTY OF ORANGE COUNTY EXECUTIVE OFFICER, FRANK KIM Shtnff DO, 'ba as AUTHORIZED SIG A RY ORANGE COUNTY SHERIFF'S DEPARTMENT FISCAL AGENT GRANTS ADMINISTRATOR AUTHORIZED SIGNATORY ANAHEIM CITY ANAHEIM POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY BUENA PARK CITY BUENA PARK POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY COSTA MESA CITY COSTA MESA POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY APM- OYED AS TO FORA U;ME�OF THE COUNlCOMM CO ORAWP- COUNTY. A 008: s 5 20A-37 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2018 EDWARD BYRNE MEMORIAL FUND -JUSTICE ASSISTANCE GRANT "JAG' LOCAL SOLICITATION PROJECT NUMBER 2018-DJ-BX-0820 AWARD DATE 11/16/2018 ACCEPTANCE DATE:8/23/2019 FULLERTON CITY FULLERTON POLICE DEPARTMENT CITY MANAGER GARDEN GROVE CITY GARDEN GROVE POLICE DEPARTMENT CITY MANAGER HUNTINGTON BEACH CITY HUNTINGTON BEACH POLICE DEPARTMENT CITY MANAGER IRVINE CITY IRVINE POLICE DEPARTMENT CITY MANAGER ORANGE CITY ORANGE POLICE DEPARTMENT CITY MANAGER SANTA ANA CITY SANTA ANA POLICE DEPARTMENT CITY MANAGER AAPPROVEDarAS TO FORM Tama ! go Assistant Cij>y 8 AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2018 EDWARD BYRNE MEMORIAL FUND - JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION PROJECT NUMBER 2018-DJ-BX-0820 AWARD DATE 11/16/2018 ACCEPTANCE DATE: 8/23/2019 STANTON CITY STANTON POLICE DEPARTMENT CITY MANAGER WESTMINSTER CITY WESTMINSTER POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY 20A-39 W O X O mMa � W 7 g 0 e0f w O m CMppp O VO'O c co cc) M r (7 0 O OD 06 n (p M h O W tDD M M r N O 0 1 8 in N N m cm ry p) � I p) M N R� U fA 69 fA ei 6% 69 64 6% 6% 69 69 64 O LL 0 0 0 0 0 0 0 O O (OM O O C (p r N O O N fl N pj M (O O • p) 't r r sY (O M co O O -t co N E N N U) OD (O N N M O N r O O 'O O h r- (O c0 p) O co r C 0 e- a �69�N•��6 U4646960 z Z O a `I a R ,CD o U c co 0 0 o e o 0 o Cl)o e (i j o n n aD p) V (M co p) Cl) Il O N r It W .- W N^ p) a o J-,t N V (O cD O6 1-: N M N N V a C Q O N- m N O O N w 0 m M 00 mU V v N N (p co(O N N M lf) N r 0 0 CO MNO MN PIT a 69 eq ua fA 69 fR to 69 EfT 69 64 Hi z :D t U E m m m iu m m m m m m m W ` 3aaaLl aap_aa (7 4) c 2 2 2 .2 0 ;u a Z > > c c c c c c O p D 7 7 3 7 3 7 7 7 7 O co N }2 }} F } E I- FFww } U Z 7) H Y Q U O Z }} U W w�<W0(DF- F UZZco N Q2ZFQ--W�h ZZFo� •= R' Q W In _j W Z I- i� Z a W n 0 <caC)=L 0xU9 Oocncn� co r O Q F OW Z U W (, c Q O J Q U U) D J U U -j 0 co O N } W E 0) O a` W� �co Q co a Ln w O Q � N lL p U. 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S m N O E Z J O ` w m U a Z aw 20A-40 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2018 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: 1. 1 am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 3. 1 assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. 1 assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community -based organizations, to the extent applicable law or established procedure made such an opportunity available. 5. 1 assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. 1 have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. Paragraphs 7 and 8 of the Certifications and Assurances Removed i] 9x 7114 _ Unit of Date of tertificalion Local Government 7/ onAld garnex Printed Name of Chief Executive Name of Applicant Unit Titl of�Y ecutive 6rr44'•- 0i-v12r APi'AOV4D AS TO FORM CfFICE cF THE COUNTY COUNSEL ORANGE, COUNTY. CAL� IL 20A-X Rev. August 22, 2018 U.S. Department of Justice t� Office of Justice Programs Office of the Assistant Attorney General aW.ShmgWD.C. 20531 November 16,2019 Sheriff Sandra Hutchens County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Sheriff Hutchens: On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of 5410,195 for County of Orange. 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 terns of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact - Program Questions, Linda Hill -Franklin, Program Manager at (202) 514-0712; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (900) 438-0786, or you may contact the CSC at askocIia&sdcj.gov. Congratulations, and we look forward to working with you. Sincerely, Matt Dummermuth Principal Deputy Assistant Attorney General Enclosures 20A-42 OFFICE FOR CIVIL RIGHTS l , Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCRQusdoj.gov Website: www.ojp.usdoj.gov/ocr OCR Letter to All Recipients November 16, 2018 Sheriff Sandra Hutchens County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Sheriff Hutchens Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOI) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OV W) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOI funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOI prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013, The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prolubits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OV W have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available athttps://ojp.gov/abouVocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the portion]ar funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards, 20A-43 Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOS guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website hfps://www.lep.gov. Ensuring Equal Treatment of Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith -based organizations, from using financial assistance from the DOI to food explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOI are not permitted to discr inmate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith -based organizations mast also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnemhips.hun, SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, es amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § I I182(b); and VAWA, as amended, 34 U.S.C. § 12291(bx13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may constme the Religious Freedom Restoration Act (RFRA) on a ease -by - case basis to permit some faith -based organisations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes die funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in EmploymenrDecisions Under 77de V11 of the Civil Rights Act of1964(June 2013), available at https://ojp.gov/about/ocr/pdfs/lJsco(Conviction_Advisory.pdf Recipients should be mindful that the misuse of armst or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In tight of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plana (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, most meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(e)(5)). 20A-44 Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipients workforce. As a recipient of DOJ funding, you may be required to submit an EEO? Certification Report or an EEOP Utilization Report to the OCR For more information on whetheryour organization is subject to the EEOP requirements, see https://ojp.gov/abouVocr/emp.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subreeipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights taws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipicros. For mote information on the MOA requirement, see https://Ojp.gov/funding/Explore/SmteMethodsAdmin-FY2017update.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, 79�a. A&o&-- Michael L. Alston Director cc: Grant Manager Financial Analyst 20A-45 U.S. Department of Justice Office of Justice Programs is Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) County of Orange 10 Civic Carter Plena Santa Ana, CA 92701 2a GRANTEE BtS/VENDORNO 95000928/ 26 GRANTEE DUNS NO, 111950874 3. I'ROIECT'TD LE FY 18 Local JAG Program Grant 4..A WARD NUMBER: 2018-DJ-BX-0820 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6.AWARDDATE 11/162018 8. SUPPLEMENT NUMBER W 9. PREVIOUS AWARD AMOUNT 10, AMOUNT OF THIS AWARD 1 I. TOTAL AWARD _-I-,---,- --I—,.-,--- I 10/0112017 TO 09/302021 10/01/2017 TO D9/302021 7. ACTION Bern" $0 $ 410,195 $410,195 12. SPECIAL CONDITIONS I IM ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(SL 13. STATUTORY AUTHORITY FOR GRANT '1-his pmject is supported under BYI8(BJA -JAG Stele & JAG Local) Title I o£Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart I .£part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(.) 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) ' '-- 16.738 - Edward eyme Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS I �- AGENCYAPPROVAL _ _ GRA.YPEE ACCEPTANCE 16.TYPE➢ NAME AND TITLE OF APPROVING OFFICLU 18, TYPED N7AME AND TITLE. OF AUTHORIZED GRANTEE OFFICIAL mm Matt Duermuth �Dq y4rn4.1, Principal Deputy Assistant ARomey General Sheriff 17 SIGNATURE OF APPROVING OFFICIAL 119.SIG TURE OF AUTHORIZHI b' IENT OFFICIAL DATE 119A. AGENCY USB 20. ACCOUNTING CLASSIFICATION CODES � 21. TDIDGT0688 I FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SIB. POMS AMOUNT X B DI 80 00 00 410195 i 00 FORM 40002 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. APM0VED AS TOFORM OFRCE OP nis COUNTY COLNM CRANGE, COUNTY, CNJFOFUyA OIP FORM 40002(REV. 4-88) etv1 %�/1 lam`_ 41 A 2 U.S. Department of Justice Office of Justice Programs is Bureau of Justice Assistance fi PRONCT NUMBER 2018-DJ-0X-0820 AWARD CONTINUATION SI'DOET PAGE 2 OF 23 Grant AWARD DATE/1/1612018 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("OH") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOF), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction sow to give it the maximum effect permitted bylaw. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.r.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniforniRequimments.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgramee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (Sr 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgmntee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at l CY.R. 200.333. In the event that an award -related question arises from document% or other materials prepared or distributed by OR that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OR promptly for clarification- OJP FORM 4000/2 (REV. 4-88) 20A-47 U.S. Department of Justice Office of Justice Programs; j Bureau of Justice Assistance PROJECTNUNBER 2018-DJ-BX0820 ANVARD CONTINUATION SHEET Grant AWARD DATE 1111&2018 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide PAaF a Al 11 References to the DOI Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP websim (currently, the "DOJ Giants Financial Guide" available at https://ojp.gov/f=cialguide/DOJ/index.htm), including any updated version that maybe 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 to a new Title 34, entitled "Crime Control and Law Enforcement" The reclassification 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. Effecfive as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This tide of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-- (1) 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 1, 2016, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https:/Iwww.ojp.gov/training/fints.bm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minions" indirect cost rate A recipient that is eligible under the Pan 200 Uniform Requirements and other applicable law to use the "de minions" indirect cost rate described in 2 C.F.R 200.414(1), and that elects to use the "de mdnimis" indirect cost rate, most advise OJP in writing of both its eligibility and its election, and most comply with all associated requirements in the Part 200 Uniform Requirements. The "de minions" rate may be applied only to modified total direct costs (.MTDC) as defined by the Part 200 Uniform Requirements. 01P FORM 4000/2 (REV. 4-88) KO -• U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance. PROIECTNDMBER 2018-DJ-BX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE 11/1612018 SPECIAL CONDITIONS 7. Requirement to report potentially duplicative funding PAGE 4 OF 23 If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOI awarding agency (OJP or OV W, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice ((iAN) to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at hops://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (m the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OR web site at https://ojp.gov/funding/Explore/SAM.hhn (Award condition: System far Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Requirement to report actual or imminent breach of personally identifiable information (PH) 'rho recipient (and any "subrecipient" at any tier) roust have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personal ly identifiable information (PII)" (2 CPR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an ON Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 10. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at my tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that-- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of fire requirement for authorization of any subaward are posted on the OJP web site at baps://ojp.govlftmding/Explore/SubawardAuthorintion.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and me incorporated by reference here. OJP FORM Cam (REV. 4.88) 20A-49 N U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE 11/16/2018 SPECIAL CONDITIONS PAGE 5 OF 23 H. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subreepient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal giants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OR award are posted on the OJP web site at https://ojp.gov/fundingMxplore/NomompetitiveProcurcment.htm (Award condition: Specific post -award approval required muse a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 12. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgramees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/PmhibitedConduct-Trafficking.htrn (Award condition. Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 13. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subreeipiant ("subgrantee") at any tier, must comply with all applicable laws, mgulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. information on the pertinent DOJ definition of conferences and the rates applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOI Grants Financial Guide"). 14. Requirement for data on performance and effectiveness under the award The recipient most collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OUP in the manner (including within the timeframes) specified by OR in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 15. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OR award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrentees, available at https://ojp.gov,fundingRmplement/TrainiDgPrimiplesForGmutees-Subgrantm.htm, i l OFF FORME 4000/2 (REV. 4-88) 20A-50 U.S. Department of Justice g Office of Justice Programs i z Bureau of Justice Assistance u PROJECTNUMBER 2018-DJ-DX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE H/162m8 SPECIAL CONDITIONS 16. Effect of failure to address audit issues PAGE 6 OF 23 The recipient understands and agrees that the DOJ awarding agency (OJP or OV W, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient 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 cuts tending issues that arise in connection with audits, investigations, or reviews of DOJ awards. 17. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OV W, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk gr mee list. 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.I. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgmntee") at any tier, most comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Par 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R Part 38 includes rates that prohibit specific forts of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient (" subgrantee") organivations 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 of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ccfr.gov/cgi- bhbTCFR?page=browse), by bmwsing to Title 28-Judicial Administration, Chapter 1, Part 38, under a-CFR "current" data. OJP FORM 4000/2 (REV. 488) 20A-51 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECTNUMBER 2018DJBA-0820 AWARD DATE SPECIAL CONDITIONS 21. Restrictions on "lobbying" H/16/2018 PAGE 7 OF 23 In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") 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 level of government See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any lief, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrmt, contract, subcontract, or loan, or with respect to actions such as renewing, extending, dify or much any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OR for guidance, and may not proceed without the express prior written approval of OJP. 22. Compliance with general appropriations -law restrictions on the use of federal fords (FY 2018) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on theme of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at https://ojp.goy/fundingMKplore/FYI RAppropriationsRestrictions.him, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropn`ations-law, restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OUP. 23. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOI Office of the Inspector General (010) any credible evidence that a principal, employee, agent, subtncipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating in funds under this award should be reported to the 010 by--(1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite '7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. ON FORM 40002 (REV. 4-83) 20A-52 " U.S. Department. of Justice Office of Justice Programs t Bureau of Justice Assistance PROJECT NMH ER 2018-DJ-BX.0820 AWARD CONTINUATION SHEET Grant AWARD DATE 11116l1018 SPECIAL CONDITIONS 24. Restrictions and certifications regarding nondisclosure agreements and related matters PAGE 8 OF 23 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, in contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it lesions or is notified that it is or has been requiring its employees or contractors an execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both__ a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgmnt"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it Items or is notified that any subreeipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will hnmediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. DIP FORM 400012 (REV 4-88) 20A-53 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE 11/162018 SPECLIL CONDITIONS 25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 9 OF 23 The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, into, or regulation related to a federal grant. The recipient also most inform its employees, in writing (and in the predominant native language of the workforce), of employee 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 in contact the DOJ awarding agency (01P or OV W, us appropriate) for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging White Driving,' 74 Fed. Reg. 51225 (October 1, 2009), DOI encourages recipients and subrecipients ("subgramees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safely policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 27. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov, For purposes of this disclosure, high risk includes any status trader which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. 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. 28. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and'or other restrictions on the recipient's access to award funds; referral to the DOJ DIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 4000 (REV. 4.88) 20A-54 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-Bx-0820 AWARD CONTINUATION SHEET PACE 10 OF 23 Grant AWARD DATE 11/162019 SPECIAL CONDI7YONS 29. HATA reporting: Subawards and executive compensation The recipient most comply with applicable requirements to report fast -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 the recipient and first -tier subrecipients (first -tier "subgmntees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/ExploreffATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply m-- (1) an award of less 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 von -profit organization that he or she may own or operate in his or her name). 30. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DGJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subreeipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 31. Use ofprogram income Program income (as defined in the Part 200 Uniform Requirements) most be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 32. Justice In£omnation Sharing Information sharing projects funded under this award most comply with DOPs Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp—gramcondition. The recipient (and any subrecipient at any tier) most document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 33. Avoidance of duplication of networks Toavoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity betweenjurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, ardess the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 34. Compliance with 28 C.F.R. Pan 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and ansubreci tent at an tier must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Y P Y ) P Y g y Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient maybe fined as per 34 U.S.C. 10231(c}(d). The recipient may not satisfy such a fine with federal funds. OJP FORM 40002 (REV. 4-88) 20A-55 U.S. Depamnent of Justice w Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018DI-BX4820 AWARD CONTINUATION SHEET Grant AWARDDATE 11116018 SPECIAL CONDITIONS 35. Protection of human research subjects PAGE It OF 23 The recipient (and any subrecipient at any tier) most comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 36. Confidentiality of data The recipient (and any subrecipient at any tier) most comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 37. Verification and updating of recipient contact information The recipient most 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 information is incorrect or has changed, a Grant Adjustment Notice (GAN) most be submitted via the Grants Management System (GMS) to document changes. 38. Law enforcement task forces -required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, most complete required online (intemet-based) task force training. Additionally, all future task force members most complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberfies/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 training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 39. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of S650 per day. A detailed justification most be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OUP FORM 4000n (REV. 448) 20A-56 U.S. Department of Justice Office of Justice Programs n 3 Y Bureau of Justice Assistance i PROIEC'1'NUMHER 2018 D] BX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE 11/162018 SPECIAL CONDITIONS 40. Submission of eligible records relevant to the National Instant Background Check System PAGE 12 OF 23 Consonant with federal statutes that pertain to firearms 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 dispositions, information, or other records that are "eligible records" (under federal or Slate law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) most ensure that all such court dispositions, information, or other records that am "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 electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 41. Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid award acceptance by a local government In order validly to accept this award, the applicant local government must submit the required "State or Local Government: PY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer of the local government). Unlass that executed certification either-- (I) is submitted to OR together with the fully - executed award document, or (2) is uploaded in OJP's GMS no later than die day the signed award document is submitted to OR, any submission by a local government that purports to accept the award is invalid. If an initial award -acceptance submission by the recipient is invalid, once the local government does submit the necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully -executed award document executed by the local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribe. ON FORM 40002 (RGV.4-88) 20A-57 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROIECTWWRER 2019 DI BX-0820 AWARD CONTINUATION SHEET PAGE 13 OF 23 Grant AWARD DATE 11/162018 SPECIAL CONDITIONS 42. Noninterference (within the funded "program or activity") with federal law enforcement 8 U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. Certifications from subreeipients. The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or educational institution that would receive the subaward, using the appropriate form available at https://ojp.gov/funding/ExploralSampleCertifications-8USC1373.htm. Also, the recipient most require that no subrecipient (at any tier) may make a further subaward to a State, a local government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive the farther subaward, using the appropriate OJP form. 3. The recipients monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent 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) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of bigher education, incurs to implement this condition. 5. Rules of Construction A. For purposes of this condition (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a) (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terns that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Fmrcfions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before OR FORM 40002 (REV. 4-88) 20A-58 U.S. Department of Justice Office of Justice Programs t t Bureau of Justice Assistance i v PROMCTNUMBER 2018-DJ.BX-0820 award acceptance. AWARD CONTINUATION SHEET Grant AWARD DATE 1/11612018 SPECIAL CONDITIONS PACE 14 OF 23 43. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enfomement (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 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 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 fonds 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 public institution of higher education) that would be reimbursed in whole or in part with award funds was subject many infonnationcommunication restriction. C. Any dmwdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the fuaded'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance." D. The recipient must promptly notify OR (in writing) if the recipient, fmm its requisite monitoring of compliance 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 subrecipient that is a State, a local government, or a public institution of higher education most require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject many information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOI of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a submcipienfs 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 mating any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the 'Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition B. Both the "Rules of Construction" and the "important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition are incorporated by reference as though set forth here in fall. OJP FORM 40002 (REV. 4-88) 20A-59 U.S. Department of Justice }. Office of Justice Programs ' Bureau of Justice Assistance PROJECT NUMBER 2018-DJBX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE. 11n62018 . SPECIAL CONDITIONS PAGE 15 OF 23 44. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information 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 this 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: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enfomement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C, ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The 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. For purposes of this condition— (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law enfomement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enfomement assistance or cooperation, or (4) through any deoonfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement Purpose; 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 Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 448) 20A-60 -� U.S. Department of Justice a Office of Justice Programs "., Bureau of Justice Assistance PROJECTNUMBER 2018-DI-BX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE 11/16"18 SPECIAL CONDETIONS PAGE 16 OF 23 45. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions most be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant... to interrogate any alien orperson believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of time power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of sul recipient 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 casts (if any) of actions (e.g., training) designed to ensure compliance with this condition 4. Rules of construction A- For purposes of this condition- (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Stmets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, mle, or practice, that -- (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "Important Note" act out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. DIP FORK 400M (REV. 4-88) 20A-61 PROJECTNIIMBER I U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJBX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE 11116/2019 6Y9xN/rtSKiA77r�7iA`b9 PAGE lr OF 23 46. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subawmd. at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes — including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "m ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local 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 pars. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipients monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs i To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for tire reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it memo under section 101 of the INA (see 8 U.S.C. I I01(ag3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). i 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 time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)."(See DHS Form 1-247A (3J17)). If (a.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose — to request that an individual be OR FORM 400W2 (REV. 4-88) 20A-62 ---- ----- - ...... U.S. Department of Justice Office of Justice programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE IS OF 23 Grant PROJECT NUMBER 2018-DJ-BX-0820 AWARD DATE 11/16/2018 SPECIAL CONDMONS detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity) with federal law cofiamcment: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 47, Requirement to collect certain information from. subreuipients; The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it land obtains from the proposed subrecipicut responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All sattlarecipient responses must be collected and maintained by the recipieut, consistent with regular document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrmipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. CUP FORM 400012 (REV..4-88) 20A-63 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROIECTNt1MBER 2018DJ.BX4820 AWARD CONTINUATION SHEET Grant AWARDDATE 11/16f20[8 SPECIAL CONDITIONS 48. Compliance with National Environmental Policy Act and related statutes PAGE 19 OF 23 Upon request, the recipient (and any subrecipient at any tier) most assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities "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 environmentally or historically sensitive area, including properties located within a 100-year Rood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals chat are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandeatine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment andfor an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:/Ibja.gov/Fuuding/nepa.htmi, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipients Existing Programs or Activities: For any of the recipient's wits 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 environmental assessment of that funded program or activity. 49. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(bx8)). The trust fund, including any interest may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to Off, at the time of closeout. OJP FORM 4000/2 (REV. 4-88) 20A-64 U.S. Deparmlent of Justice OfficeafJusticePrograms AWARD CONTINUATION s Bureau of Justice Assistance SHEET PAGE 20 OF 23 Grant i --- PROJECTNUMBER 2018-DI.BX4820 AWARD DATE 1111612018 SPECIAL CONDITIONS 50. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 51. Certification ofbody armor"mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body tumor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning 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 this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 52, Body armor - compliance with NU standards and other requirements Ballistic -resistant and stab -resistant body armor 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 National Institute of Justice ballistic or stab standards and is listed on the NU Compliant Body Armor Model List (https:/Inij.gov/topics/tcehnology/body-armor/Pages/compliant-ballistic-=or.wpx). to addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(cXl)(A). The latest HII standard information can be found here: hltps:/ / nij.gov/ topics/ technology/ body-amror/ pages/ safety-initiative.aspx 53. Body armor- impact on eligibility for other programfunds The recipient understands that the use of fonds under this award for purchase of body armor miy impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 54. Reporting requirements j The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https:/Igmnts.ojp.usdoj.gov). Consistent with the Departmenes responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperfomrancetools.org). For mom detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation 55, 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 ethnic bias, de- escalation of conflict, and constructive engagement with the public. 56. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG pmgmm 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. OR FORM 4000/2 (REV. 448) 20A-65 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2018-DJ-BX-0820 AWARD CONTINUATION SHEET Grant AWARD DATE 111162018 SPECLIL CONDITIONS PAGE 21 OF 23 57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs 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 conditions are removed by OR (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for projart costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any der) muse award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 58. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the rem dng DNA profiles may be accepted for entry into CODIS. 59. Thmc percent set -aside forNIDRS compliance The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident -Based Reporting System (NIBRS), unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set -aside, unless evidence of NIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156(d)(4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance bas been submitted to and approved by BJA. OR FORM 40002 (REV. 4-88) 41 A . ., 4)i PROJECT NUMBER U.S. Deferment of Justice Office of Justice Programs Bureau of Justice Assistance 2018-1)1-BX-0820 AWARD CONTINUATION SKEET Grant AWARD DATE 11/142018 SPECIAL CONDITIONS 60. Encouragementofsubmissionof"suceesstoriea" PAGE 22 OF 23 BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit 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 notyet have a My BJA account, please register at htips:/ / www.bja.gov/ pmfile.wpx. Once registered, one of the available mesa on the My BJA page will be "My Success Stories." Within this box, them is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Storywebpageathttps://www.bja.gov/SuccnsStoryList.mpx. 61. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) bas been issued to remove this condition. 62. Withholding of funds: NIBRS set -aside The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation showing that the recipient has heat certified as NIBRS compliant, and a Grant Adjustment Notice (GAN) has been issued to remove this condition, 63. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 64. Withholding of funds: Program narrative The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the program tentative for this award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 65. Withholding of funds: Memorandum of Understanding The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) bus been issued to remove this condition. 66. Withholding of funds: Disclosure of lobbying The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form, and OJP has issued a Grant Adjustment Notice to remove this special condition. O1P FORM 4000/2 (REV. 4-88) 20A-67 U.S. Department of Justice Office oflusticePrograms AWARD CONTINUATION it Bureau of Justice Assistance SHEET PACE 23 OF 23 d Grant PROJECTnFMBER 20I8-DJ-BX-0820 AWARD DATE IUM2018 SPECIAL CONDITIONS 67. Withholding of funds: Disclosure ofpending applications The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OR award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OR has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued to remove this condition. 68. Recipient may not obligate, expend or drawdawn funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 69. Limitation on Eligible Subrecipients No funds under this award may be provided to the City of Santa Ana unless and until (1) the recipient and the City of Santa Ann have submitted additional material to OJP concerning the City of Santa Ana's compliance with 8 U.S.C. § 1373, (2) OR has verified thatjurisdiction's compliance with 8 U.S.C. § 1373, and (3) OR issues a Grant Adjustment Notice (GAN) to modify or remove this condition. ON FOR34 400012 (REV. 4-88) U.S. Department Justice Office of Justice Programs .- Bureau of Justice Assistance WaANgton, D.C. 10531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or thud party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; e. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Fundinginepa.httnl. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. 20A-69 >sY U.S. Department of Justice Justice Assistance GRANT MANAGER'S MEMORANDUM, PT,1: Bureau Office of ofPrograms PROJECT SUMMARY s I } Grant PROJECTNUMBER PAGE 1 OF I 2018-DI-BX-0820 Tlds project is supported under FYl8(BJA- JAG State & JAG Local) Title I of Pub. L. No. 90-M_d co (gumially ified at 34 U.S C. I0101 - 10726) including subpart I of pad E (codified at 34 U.S.C. 10151- 10158): see also 28 U.S.C. 530C(a) ',. L STAFF CONTACT (Name & telephone number) Linda Hill -Franklin (202) 514-0712 2. PROJECT DIRECTOR (Name, address & telephone number) Nancy Nguyen Giants Manager Resmmh & Development Division 431 THE CITY DRIVE SOUTH ORANGE, CA 928683303 (714)920-2016 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS BJA FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation j ON REVERSE) 4. TITLE OF PROJECT FY 18 Local JAG Program 5. NAME & ADDRESS OF GRANTEE County of Orange 10 Civic Canter Plans Sanm Ana, CA 92701 7. PROGRAM PERIOD FROM: 101012017 9.AMOUNTOFAWARD $410,195 11. SECOND YEAR'S BUDGET 6. NAME & ADRESS OF SUBGRANTEE 8. BUDGET PERIOD TO: 09/30/2021 ',, FROM: 10/012017 TO: 091302021 ............. _ 10.DATEOFAWARD 12. SECOND YEAR'S BUDGET AMOUNT -��-- _....... ......_- IJ. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on inverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units ofluml govemmenq including tribes, to support a broad range of criminal justice mlatod activities based on &it own state end local needs ad... Grant funds can be used fm stem and local initiatives, tecboiml assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose arms: 1) law enforcement pmgmms; 2) prosecution and won programs; 3) prevention and education programs; 4) corrections and community correctionsprograms; 5) ding treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and wimma programs (other tlmn compensation): and 8) meam] health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. This Local JAG emend will be shared by the County end one orm. jurisdictions identified as dblum te, within the current Fiscal Year eligibility list (www bja.gcw/Jag). JAG funding will be used to support criminal justice initiatives that fall under one or mom ofthe allowable program areas above. Any OUP FORM 40002 (REV. 4-88) _ 20A-70 equipment purchases or funded initiatives such as overtime, Usk forces, drug programs, information sharing, etc. will be aimed at seducing crime and/or enhancing public/officer safety. NCAMCF 20A-71 20A-72