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HomeMy WebLinkAboutORANGE COUNTY SHERIFF’S DEPARTMENTSA-P Q `2) executed coov to COTc, M-30 q-2019-194 o � {jlcomrhunderyonaHlez ob MEMORANDUM OF UNDERSTANDING BETWEEN THE COON-7YAEORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD �S P� BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION PROJECT NUMBER 2019-DJ-BX-0990 AWARD DATE 11/16/2018 ACCEPTANCE DATE:8/23/2019 1. Participants Participants hereto acknowledge the County of Orange as lead fiscal agent in charge of programmatic oversight and administration of funds and compliance over all eligible participant law enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties." 11. Purpose The purpose of this Memorandum of Understanding (MOU) is to support of the objectives of the Office of Justice Programs, expressly those identified as Priority Purpose Areas (PPAs) for the term of this award, fit. Program Overview and Description of Project(s) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. The County of Orange (Sheriff) will determine validity of each project included in the application MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPALCITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION PROJECT NUMBER 2017-DJ-BX-0990 AWARD DATE 11/16/2018 ACCEPTANCE DATE: 8/23/2019 and subsequent awards. JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE RECEIPT OF FUNDS FROM THE DEPARTMENT OF JUSTICE AND TRANSFER OF FUNDS FROM COUNTY TO MUNICPAL GOVERNMENTS AS DETAILED IN "ATTACHMENT 1: LOCAL AWARD ALLOCATION TABLE: ORANGE COUNTY, CA." COUNTY OF ORANGE COUNTY EXECUTIVE OFFICER, FRANK KIM $ha-i{Q _(d� 13a . s ORANGE COUNTY SHERIFF'S DEPARTMENT FISCAL AGENT GRANTS ADMINISTRATOR ANAHEIM CITY ANAHEIM POLICE DEPARTMENT CITY MANAGER BUENA PARK CITY BUENA PARK POLICE DEPARTMENT CITY MANAGER COSTA MESA CITY COSTA MESA POLICE DEPARTMENT CITY MANAGER APPROVED AS TO FORA OFFICE OF THE COUNTYOOL"Sa ORANGE. COUMV, CAUFURNA ��q Qom-. D _L2.5 A HO IZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG' LOCAL SOLICITATION PROJECT NUMBER 2017-DJ-BX-0990 AWARD DATE 1111612018 ACCEPTANCE DATE:8/23/2019 FULLERTON CITY FULLERTON POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY GARDEN GROVE CITY GARDEN GROVE POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY HUNTINGTON BEACH CITY HUNTINGTON BEACH POLICE DEPARTMENT CITY MANAGER ORANGE CITY ORANGE POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY SANTA ANA CITY SANTA ANA POLICE DEPARTMENT CITY MANAGER AUTHORIZED SI ATORc,N Y WESTMINSTER CITY WESTMINSTER POLICE DEPARTMENT CITY MANAGER AUTHORIZED SIGNATORY ROVED AS TO FORM Ta ra go n Assistant City Attorney ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City At ey By: T RA BOLO Assistant City Attorney RECOMMENDED FOR APPROVAL VID VALENTI Chief of Police - -u oyme Memorial Justice Assistance Grant Program FY 20177 LocalFSo�Aat on CFDAN 16.738 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2017 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that localitys application for an award under the FY 2017 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § or an w I certify d the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: 1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities, 3. 1 assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. 1 assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community -based organizations, to the extent applicable law or established procedure made such an opportunityavailable. 5. 1 assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. 1 have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. Paragraph 7 of the Certifications and Assurances Removed T. 1 have examined the certification entitwq "sr�.,..... ___, — Signet re ofhief cutive Local Government Applicant U— Date of Certification 7>11nq l �k � / FriNamee Executive of Chief Executive Wit! n _ Tivc of Cnier g5tecuave of Afilicant Unit of P.i^-rT:•.s; L A" ro FOR -A C'F,-!Ce or T;,= ccr tnv coueuat, ORANGE, COUNTY, CAUFORNIA Dm: 42 31i5 Rev. August 10, 2018 U.S. Dcpartroent of.tustice r Office ofJustice Programs Office of the Assistant Attorney General W-hMatna. D.C. 20551 November2,2018 Mr. Frank Kim County of Orange 10 Civic Canter Plaza Santa Ana, CA 92701 Dear Mr. Kim: approved roved of Attorney io nend Jefferson Sessions [[I, it is my pleasure to inform you that the Office ofinsuce programs has approved your application Cor funding under the FY 17 Edward Byme Memnriol Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $376,349 for County of Orange. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and £maocial requirements, including the timely submission ofall financial and programmatic reports, resolution ofall interim audit findings, and the maintenance of a minimum level of cash -on -hand Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to -ran as appropriate. [erminatlon for cause or other administrative ffyou have questions regarding this award, please contact. - Program Questions, Melanie Davis, Program Manager at (202) 305-7944; and - Financial Ques-07860786, ,iryouong (800) 458 tha Office of the Chief Financial Officer, Customer Service Center (CSC) at omay contact the CSC et askocfo@wdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Matt Dummermuth Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S. Department of justice 810 7th Street, NW Washington, DC 20i31 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR(p7usdoj.guv Websile: www.Ojp.usdoj.goviocr OCR Letter to All Recipients November 2, 2018 Mr. Frank Kim County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Mr, Kim: Congratulations oyour recant award. in este Ojr compliance with fee deral civil rights laws. The Offi,fag financial assistance programs, Congress linked the receipt of federal funding toce for Civil Rights (OCR), Office of Justice Programs (0JP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the O1P, the OtTice of Community Oden[ed Aolicing Services (COPS), and the Office on Violence Against Women (OV W) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs oractvities, not only in employment but also in the delivery of services or benefits. A fedemi law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act Of 1994 (VAWA) by including a nondiscrimination grant condition that prohfbils discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimumtongnant condition applies m certain programs funded after October 1, 2013. The OCR end the O V W have developed answers ri some frequently asked questions about this prevision to assist recipients of VAWA funds to understandt VW obligations. etiore. The answers are available at hips://Ojp.govlabou✓ucrivuwafags.htm, Frequently Asked Questions Enforcing Civil Rights Laws All recipients of the workforce, financial assistance, regardless of theparticular funding source, the amount of the and, or the number of employees in the workforce, are subject to prohibitions against unlnwful discriminaton. Accordingly, the OCR nvestiga[es recipients that are the subject of discrimination complaints from botlh individuals and groups. In addition, based on regulatory criteria, the OCR selects a number t all segments each year for complianceopulreviews, audits that require recipients to submit dam showing that they ace providing services equitably' to all segments of their service population and that their employmentpmctices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Tide VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps in provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Fin Against National Origin Discrimination social Assistance Recipients Regarding Title VI Prohibition Affecting Limited English Proficient Persons, 67 Fed. Reg, 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language hnps://www.kp.gnv. services to LEP individuals, please sec to websi[e Ensuring Equal Treatment of Faith -Bused Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Fait -Based and Other Neighborhood Organizations, 28 C.F.R In. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith -based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly mligiOm activities include worship, religious instruction, orpmselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they most hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOI are not permitted to discriminate in the provision Of services an the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, Ora refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the fimded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's websile at hops://ojp.gov/aboutlocr/partacmhips.htaL SAAs and faith -based Organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) Of 1968, as amended. 34 U.S.C. § 10228(c); the Victims of Come Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(h); and VAWA, as amended, 34 U.S.C. § 12291(bx 13), contain prohibitions against discrimination on the basis Of religion in anploymenL Despite these nondiscrimination provisions, the DOJ has concluded that it may entrance the Religious Freedom Restoration Act (RFRA) on a case -by - case basis to permit some faith -based organizations In receive DOJ funds while taking into account religion when hiring suff, even if the statute that authorizes the funding progrun generally forbids recipients from considering religion in employment decisions. please consult with the OCR if you have any questions about the regulation or the application of RFRA to the smmtes that prohibit discrimination in employment Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. Sec Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration ufArrest and Conviction Records in Employment Decisions Under Title 147of the Civi/Rights Acl of 1960 (June 2013), available st kttps://ojp. Advisory,pd£. Recipients should be govlabouVocr/pdfs/UseotConvicdon mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the noadiscri rdnation provisions of the Safe Streets Act, must meet two obligators: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R p4 47, subpt. E) and (2) submitting to the OCR findings of discrirttination (see 28 C.F.R. §§ 42.204(c), .205(e$5)). Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor marker data, as well as therecipient's employment Practices, to identify possible barriers to die participation of women and minorities in all levels of recipient's workforce. As a recipient of DOJ funding, you may be required to submit an EEOP Certification information on whether your or _ n Report or an EEOP Utdizalion Report to the OCR For more may request technical assistanceefrom aan EEOP specialist et the OCR by telephone mtt2 , 'UjP 6v abouwcr/ccop.him . Additional) EEOPFmms@Wdoj.gev. ( ) 1771 or by e-mail at Y, you Meeting the Requirement to Submit Findings of Discrimination If in Ole three years prior to the date after adue-process the grant award, color,,national origin, religionor sex,your organization has received an adverse finding of discrimination haled on race agency, your organization mus, ,t hearing, from a state or federal court or from a state or federal administrativesend a copy of the finding to the OCR. Ensuring the Compliance of Subreciplents SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written Procedures to address discrimination complaints filed against subrecipieots, methods to monitor subrecipients' compliance with civil rights requirements, and a suhrecipients on applicable civil rights laws. In addition, SAAs must submit tothe OCR every three years written Mprogram ethods of Adminisim6an (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA.requirement, see https:G'ajp.gov/fuuding(ExplareiSmteblelhodsAdmin-FY2017update.hhn. Ifth sasis OCR can assist caot in any way in fulfilling yout orginivi ion's civil rights responsibilities as a Million' of federal financial assistance, please contact us. .Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst ._ ..... ............._..__.. U.S. Depamneat of3usFce OfSce ofJusdcc Pmgrams Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) Cowly afo mge 10 Civic Cmt4r Pleas Smtn Ave. CA 92701 Grant PAGE 1 OF 21 d. AWARD NUMBER.- 2017-0I-BX-0999 _...--_.._...._._ ._ 5. PROJECTPERIOD:FRON1 IWOIIM16 TO 09i3012020 BUDGET PERIOD: FROM IW0/2016 TO 091302020 .- .O.... _6. AWARD GATE f I/02f1018 ����—��- �� 7. ACTION 2a.GRANTEE IRS/VENDOR N0. S.SUPPLENIENTNUNIBER -- -- 950009251 .. .. _. Initial 00 2b. GRANTEE DUNS NO. �_..-_ //1950874 .. 9 PREVIOUS AWARD AMOUNT 3. PROJECT TITLE —_—_ __.-_.. .. _._. S 0 Orange Cowly Area FVl]IAG Pmjece IO ANOINT DFTHi$AWARp S376j49 - _ Il TOTAL AWARD $376,349 •. 11SPECIAL CONDITIONS —I -- '-'- ---- ! THE ABOVE GRANT PROJECT IS APPROVED SURIGCTTO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), 13. STATUTORY AUTHORTI Y FOR GRANT' 14. CATALOG OF DOMESTIC FEDERAL ASSIS IA.NCE (CPDA N 16.738-Edwe Byme MemorialluxEce Abi9tmce Gant I'r, 15. METHOD OF PAYMENT OFFS Pub. L No. 90-351(Srnaally wdi5cd m 42 U.S.C. 3711 "3797ft 5), C, S30C(a). -- ._ —_. AGENCYAPPROVAL AL'_— GRANTEE ACCEPTA\'CE I6. TYPED NAME AND TITI . OF APPROVING OFFICIAL ' l8 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAI. MPrtDmwmmuth I FrmkIm Priodpal ➢epoxy A-ismm ARomey General Comny kxecwve O Wca st+v�@{ �t Pa 3d�nes 17. SIGNATURE OF APPROVING OFFICIAL _ -- ----- - - - 19. S)GNATLRE OF AUTHORIZED RECIP I OFFICIAL 19A. DATE ... ................_____.__._ AGENCY US EONLY 0. BUD, 2FI ACCOUNTING CLASSIFICATION CODES - - ---"'------ FISCAL PUNT) HUD. DN. 21. SDIL'CTIIII YEAR CODE ACT. OFC. MO. SUB POMS AMOUNT X B DI 80 00 00 376349 O1P FOI6T 4000Q (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OM FORhl400W2IREVA-88) APPRO'VEDAS TO FORM OFFICE OF TFIE COUNTY COMISSL ORANGE, COUNTY. CALIFORNIA D... g2:3 �/ "J _ U.S. Department of Josue, f Office of Justice Programs A{YARD CONTLNUATION Bureau of Justice Assistance SHEET `. PAGE 2 OF 21 Grant PROTECT Nti;>rIBER 2019 DI-ak-0990 ---......------ - . AW.gRD DATE l l e✓-018 - ... ..__.... SPECIAL CINDLTJDNS I. Requirements of the award; remedies for non-compaance or for materially faisestatm ou The conditions of this award are material requirements of the award. Complianee with any certiFcatio to or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department 0f Justice ("DOl" ), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject Of criminal prosecution (including under 18 U.S.C. 1001 and+or 1621, and/or 42 U.S.C. 3795a), and also may lead to impositionof civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that pmvision shall first be applied with a limited constmctmr, so as to give it the maximum effect permitted by law. Should it be held, instead that the provision is utterly invalid or-uneafomeable, such provision shall be deemed sevembic from this award. 2. Applicability of Par 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOI in 2 C.F.R Part 2800 (together, tile 'Tart 200 Uniform Requirements") apply to this FY 2017 award from OIP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. Jf this FY 2017 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Par 200 Uniform Requirements apply with respect 10 all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of ads FY 2017 award, For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awarts and subawards ("subgrents"), see the OJP website at https,*/iaip.gov/Amdia&TarLIODUnifonnRequimments.h=. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in someway from, the provisions of the Par 200 Uniform Requirements, the recipient is to contact OR promptly for clarification 3. Compliance with DOJ Gmuts Financial Guide The recipient agrees to comply with the DOI Grants Financial Guide as posted on the DIP websit, (currency, the "2015 DOI Grants Financial Guide" available at heps:/iojp.gov/amocialguide/ DOJ/index.htm), including any Updated version that may be posted during the period of performance. DTP FORx14000/2 (REV 4-88) U.S. Department of Justice Office of Justice Programs ti Bureau of Justice Assistance PROlEUr NUMBER 2a17-DJ-BX.u9% AWARD CONMUATION SHEET PAGE ) OF 21 Grant " ". AWARD DATE 1110212018 -'-'-'._. SPEC/AL CONDITIONS 4. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training this condition. " by 120 days after the date of the recipients acceptance of the award Successful completion of such a training on or after January1, 2016, will satisfy In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grunt administration training" by 120 calendar days after-- (I) the detect OJP's approval of the "Change Grantee Contact" GAN (in the case of scow POC), or (2) the date the POC eutem information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2016, will satisfy this condition. A list of OJP trainings that OJP will consider 1101P financial management and grant administration training" for purposes of this condition is available at hops://"w.ojp.gov/tmining/finn.hue. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award fiords if the recipient fails to comply with this condition The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 5. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Pan 200 Uniform Requirements and other applicable law muse the "de minimis" indirect cost rate described in 2 C.F.R 200.414(t), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in 1;' Pact 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Pan 200 Uniform Requirements. 6. Requirement to reportpotentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period ofperformance for this award, the recipient promptly most determine whether foods from any of those other federal awards have been, are being, or are to be used (in whole or in pan) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVw, as appropriate) in writing of the potential duplication, and, iIse requested by the DOJ awarding agency, most seek a budget-modificatioa or changeof-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 01? FORM 4000021REV. 4aa) U.S. Department of Justice Office ofJanice Programs ` Bureau of Justice Assistance PROIECThUMDEu 2017-W-IDX.0990 AWARD CONTINUATION SHEET Grant AWARDDATE 1V0212018 SPEC/AL COND177ONS 7. Requirements related to System for Award Management and Universal Identifier Requirements PAGE 4 OF 23 The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https.1/www.Sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgmnis") to First -tier subr<oipients (fast -tier "subgranlees"), including restrictions on subawards m entities that do not acquire and provide (m the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifn<rs ere posted on the Oil, web site athttps:7/ojp.govlfunding/Explore/SAM.htm(Awmdcmdition: Systemfor Award on weemsledent a he Universal Identifier Requirements), and am incorporated by reference hem. This condition does not apply to an award to an individual who received the award as a natural person (i.e, unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipieat ("subgrantee") at any tier, must comply with all applicable requirements for authorization of my subaward. This condition applies to agreements that-- for purposes of federal grants administrative requirements -- O)P wnsiden a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of my subaward are posted on the OJP web site at https:fojp.gov/fundingrExplore/SubawardAutharization.hrm (Award condition: All subawards ("subgrants ") must have specific federal authorization), and are incorporated by reference here. 9. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgraaree") at any tier, most comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently,$ 150,000). This condition applies to agreements that..forpurposes of federal grants administrative requirements -- Off considers a procurement "coatmct" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract trader an OJP award are posted on the OJP web site at helps ://ojp.gov7funding/Explore/I ncompetifveProcurementhtm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if coatract would exceed $150,000)), and are incorporated by reference here. OR FORs1400tA2 (REy.4-88) U.S. Department of Justice Office of Justice Programs }t Bureau of Justice Assistance PROJECTNIATBER 2017-DJ-nx099a AWARD CONTINUATION SHEET PAGE 5 OF 21 Grant AWARD DATE 1110212014 -- SPACIAL CONDMONS 10. Requirements peraiaing to prohibited ennduct related to trafficking in persons (including reporting requirements and OJP authority to teravnate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conductrelmed to the trafficking of Permits, whether on the Part of recipients, submcipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any s ibmeiphmt. The details of rho recipient's obligations related M prohibited conduct related to trafficking in persons ace posted on the OJP web site at hugs/iojp.gov/fundinWExplom/PmhibitedConduct.Tmfficking.htm(Award condition: prohibited conduct by recipients and subrccipients related to trafficking in persons (inctuding reporting requirements and OR authority to terminate award)), and are incorporated by reference here. 11. Compliance with applicable roles regarding approval, planning, and reporting Of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrmee") at any tier, most comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific on. %limits, prior approval and reporting reyuirementr, here applicable) governing the use of fcderat funds for expenses related an conferences, that term is defined by, her including the provision of food and/or beverages at such conferences, and twst of attendance at such conferences. Information on the pertinent DOJ defmilion of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, 0 section 3.10 of"Posmward Requirements" in the "2015 DOJ Grants Financial Guide"). 12. Requirement for data on performance and effectiveness under the award The recipient most collect and maintain data that measure the performance and effectiveness of work under this award. The dam most be provided to OJP in the manner (including within the timefrarnes) specified by OJP in die program solicitation or other applicable written gtddancc. Data collection supports compliance with the Government Perfbrmance and Results Act (GPRA) and the GPRA Modendvation Act of 2010, and other applicable laws. 13. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at my tier— develops or delivers with OJP award funds must adhere to the OR Training Guiding Principles for Grantees and Subgrmtees, available at btIPs://OjP.gov/funding/ojptrailling 14. Effect of failureto address audit issues The recipient understands and agrees that the DOI awarding agency (OJP or OV W, as appropriate) may withhold award funds, or may impose other related requirements, if (as demmtined by die DOJ awarding agency) the recipient does not satisfacrorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the tetras of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 15. Potential imposition of additional requirements The recipient agrees to comply with my additional requirements that may be imposed by the DOI awarding agency (OUP or OV W, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOI high -risk grantee list. OUP FORM 4MM (REV. 4.88) U.S. Department of Justice _,. Office of Justice Programs Bureau of Justice Assistance ANARD CONTINUATION SFIEET Grant PROJECT NUMBER 2017-Df-BX.0990 AWARD DATE I11OV2018 SPEC'iAL CONDITIONS 16. Compliance with DOI regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 42 PACE 6 OF 21 The recipient, and any subrecipient (';subgrantee") at my tier, most comply with all applicable requirements of 28 C.F.R. Part 42, specifically including my applicable requirements in Subpart E of 28 C.F.R Part 42 that relate to an equal employment opportunity program. 17. Compliance with DOI regulations pertaining to civil rights and nondiscrimination - 28 C,F.R. Part 54 The recipient, and my subrecipient ("subgrantee") at my tier, most comply with all applicable requirements of 28 C.F.R. Pan 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 18. Complimce with DOI regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Pan 38 The recipient, and any subrecipient ("subgrmtee") at any tier, must comply with all applicable requirements of 28 CF.R. Pan 38, specifically including my applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Puri 38 or28 C.F.R., a DOI regulation, was amended effecdve May 4, 2016, Among other things, 28 C.P.R. Part 38 includes nil" that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice, Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and submeipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible mhRps:/iwww.ecfi.govlegi- biwTCFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Pan 38, under c-CFR "cuneut" data. 19. Restrictions on"lobbying" In general, as a matter of fedeml law, federal funds awarded by OJP may not be used by the recipient, or my subrecipient ("subgrantee") at my fist, either directly or indirecdy, to support or ppose the enactment, repeal, modification, or adoption of my law, regulation, or policy, at any level of government See 18 U.S.C. 1913. (There may be exceptions ifan applicable federal statute specifically authorizes certain acdvides that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OR from being used by the recipient, or my subrecipient at my der, to pay any person to influence (or attempt m influence) a federal agency, a Member of Congress, or Congress (or an official or employee of my of them) with eespect to the awarding of a federal grant or cooperative agreement, subgrmt, contract, sebcon¢act, or Inan, or with respect m actions such as renewing, extending, or modifying nay such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal orgrud=tions. Should my questiou arse as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact DIP for guidance, red may not proceed without the express prior wridm approval of OUT. ON FORM 400M (REV. 4.33) U.S. Department of Justice Office OF Justice Prograrns AWARD CONTLNUATION l Bureau of Justice Assistance SHEET FACIE T OF 21 Grant PR0JFCTNEAffmR 2017-DJ-aX-0990 _�.. _.-. __ - ...... ..-. AWARD DATE II/O2,2018 SPECIAL CONDITIONS 20. Compliance with general appropriation-luw restrictions on the use offedeal funds(FY 2017) The recipient, and any submeipicnt ("subgmmee") at any tier, most comply with all applicable restrictions on the use of federal funds set out in fedeal appropriations statute. Pertinent restrictions, including from venous "general Provisions" in the Consolidated Appropriations Act, 2017, are set out at https://ojp.gov/funding'Explore/FY17AppropriafionsReshictions.htm, and sro incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a sul recipient) would or might fall within Ale scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval o£O1P. 21. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrentees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in correction with funds under this award -- (1) submitted a claim that violates the False Claims Act; at (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should he reported to the OIG by— (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ 010 hotline: (couleeI information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available form the DOJ O1G website at https7/migjustice.govAmotline. OR FOMI40000 (MV 448) U.S. Department of Justice Office oflunkePrograms ANVARD CONTINUATION Bureau of Justice Assistance SHEET Pace 8 OF 21 Grant .. PROIEGT A4AIBER ?017-DI-BX-049a AWARD DATMEE W11/OMBOb2o18 ..._.__.. _.................-.. __. _. _. SPECL4L CONDITIONS 22. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subreuipient ("su agmnwcn) under this award, or entity that receives a procurement contract or subcontract with Say funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports In prohibit or restrict, We reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented intormation), or any other form issued by a federal depurhne it or agency governing the nondisclosure of classified information. I. In accepting this award, die reeipient- 5represents that it neither requires nor has required intemal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit orrestrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it Jcaras or is notified that it is or has been requiring its employees or comactors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. Ifthe recipient does or is authorized order this award to make subawards ("subgrarm"), procurement coutmets, or both -- a it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgr mr ), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contactors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; unit b, it certifies that, if itles as or is notified that any subrccipient, contractor, or subcontractor entity that receives funds under this award is or Ims been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will iuunediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to dre federal agency making this award, and will resume (or permit resumption ot) such obligations only if expressly authorized to do so by that agency. OIP FORM 4001Y22 (REY. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT.N'llxiBER 2017.DJ-BX-N9n AWARD CONTINUATION SHEET PAGE 9 OF 21 Grant AWARD DATE 11/0b2018 - SPECIAL CONDJf7ONS 23. Compliance with 41 U,S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable pmvisiom that prohibit, under specified circumstances, discrimination against an employee es erprisul for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also most inform its employees, in writing (and in the predominant native language of the workforce), of employee lights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of We provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OV W, as appropriate) for guidance. 24. Encoumgementofpohcies to han tem messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients end sAmcipiems ("subgromwes') to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, mamncss, and other outreach to decrease crashes caused by distracted drivers. 25. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and Procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OUP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawsrds made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds, mferral to the DOJ OIO for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 26. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -der subawards ("subgranu") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipienrs(first-tier"subgrantem")of award funds. Tha detairecipient ls of Obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at Imps://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual w]to received the award as a natural person (i.e., unrelated to any business or non-profit orgamUtion that he or she may oxen or operate in his or her name). OIP PORbI 40001(REV. 4-88) U.S. Depar ment of Justice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAre to OF 21 t1 Grant _. _._. ._ _—...._. PROJECT hUMDCR 2017-DI-aX-0990 AWARD D4TE 11/032018 SPECIAL CONDlrJONS 27. Use of program income Program income (as defined in the Part 200 UniForm Requirements) must housed in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 29. Justice Information Sharing In order to promote information sharing and enable interopembility among disparate systems across thejumice, and public safety community, the recipient (and any subrecipiem at any her) must comply with DOfs Global Justice - Information Sharing Initiative (DOPs Global) guidelines and recommendations for this particular award, The recipient shall conform to the Global Standards Package (GSP) and all cmaniment elements, where applicable, As described at: https://it.ojp.gov/gsp_grantcon lition. The recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended, 29 Avoidance ofduplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks As the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 30. Compliance with 28 C.F.R Part 23 With respect to my information technology system funded or supported by funds under this award, the recipient And any subrecipiem al any tier) most comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, As per the regulation. Should any violation of 28 C.P.R. Part 23 occur, the recipient may he fined As per 42 U.S.C. 3789g(c}(d). The recipient may not satisfy such a fine with federal funds. 31. Protection ofhumanreseamh subjects The recipient (and any subrecipiem at any (jet) most comply with the requirements of 28 C.F.R. Part 46 and all OJP Policies and procedures regarding the protection of Iranian research subjects, including obtainment of rosfaido al Review Board appmval, if Appropriate, and subject informed consent 32. Confidentiality of dam The recipient (and any submcipient at any tier) must comply with all confidentiality requirements of 42 U.S.C. 3789g and 28 C.F.R. Pan 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privuy Certificate that is In accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R 22.23. OAP FORM 4002 tREV 488) U.S. Department of Justice 0 Office of Justice Programs Bureau of Justice Assistance AWARD CONTMATION SHEET PAGE It OF 21 Grant PROJECTNUMBER 2017-DI-BX-0990 AWARD DATE IIiOL'2018 SPEC/AL CONDITIONS 33. Verification and updating ofmcipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. Many information is incorrect or has ebanged, a Grant Adjusmrent Notice (GAN) must be submitted via the Grants Management System (GbIS) to document changes. 34, Law enforcement task forces - required training Within 120 days of award acceptance, each current member of x law enfomement task force funded with award funds who is a task force commander, agency executive, task fame officer, or other task farce member of equivalent rank, must complete required online (lnlemebbased) task farce training. Additionally, all furore task force members must complete rids training once during the period of perfotra lace for this award, or once every four years if multiple OIP awards include this requirement The required training is available free of charge online through the BIA-funded Center for Task Force Integrity and Leadership (www.etfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, husk fume performance measurement, personnel selection, and task force oversight and j accountability. If award fands are used to support a task fame, the recipient must compile and maintain a task farce personnel taster, along with course completion certificates. Additional information regarding the training is available through BIA's web site and the Center for Task Force integrity and Leadership (www.ctfli.org). 35. Required attendance at WA -sponsored events The recipient (and its subreeipieats at any tier) must participate in B1A-sponsored enticing events, technical assistance events, or conferences held by BIA or its designees, upon BIA's request. 36. fustlfication ofconsultznt rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification most be submitted to and approved by the OR program office prior W obligation or expenditure of such fonds. OIP FORM 400012 tREV. i-Bs) U.S. Department of Justice Office of Justice Programs ANVARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 12 OF 21 Grant PROIECTNUMBER 2017-D1-BX-0990 A\VARn DATE 11:022018 --- SPECIAL CONO/7YOIrS 37. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the Notional historic Preservation Act, and other related federal environmentat impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity neck to be undertaken in order to use dime award funds, this condition most first be met, The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for Eating on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program, involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, memetional, or education environments; and e. implementation of a program relating to clandestine methamphetarnine laboratory operations, including the identification, seizure, or closure of clandestine methamphemmine laboratories. The recipient understands mid agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental bupact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of Mitigation Plan, as detailed at hops:/Na.gov/Funding/nepa.html, for programs relating to methamphetamine luboramry operations. Application of This Condition to Recipient's Existing Programs or Activities: Foranyoftherecipietresorits suhrecipients•' exisdng programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of national orprogram enviromnental assessment of that funded program or activity. 38. Establishment of trust fund If award funds are being drawn down in advance, the recipient for a subrecipient, with respect to a subaward) is required to establish a trust fund account. (The trust fund may or may not be an interest -hearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Syme Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate ttre award funds in the bust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be rammed to OJP at the time of closeout. DIP FORM MM2 (REV. 4.88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJEUr NU.NMER 2017-0f-RX-0990 AWARD CONTLNUATION SHEET Grant .AWARD DATE 11102/2019 SPECLIL CONDITIONS 39. Prohibition on use of award funds for match under BVP program PACE 13 OF 21 JAG funds maybe used to purchase vests form agency, but they may not be used as the 50° o match For purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 40. Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law mincemeat agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep sign d certifications m file for any subreeipients planning to utilize funds from this award for ballistic -resistant and stab - resistant body armor purchases. This policy most be in place for at least all unifanned officers before say funds from this award may be used by an agency for body mount. There are no requirements regarding the nature of the policy other than it be a mandatory wear paticy for all uniformed officers while on duty. 41. Body armor- compliance with ND standards Ballistic -resistant and stab -resistant body armor pumhased with JAG award funds maybe purchased at any threat level, make or model, from any distributor ormanufacmrer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (hups.41nij.govi). In addition, ballistic -resistant and stab -resistant body armor purchased must be American -made. The latest NlJ standard information can be found here: https:/lrij.govlwpicsimchuologyftdy- armor/pagesrsafety-irchiativempz. 42. Required monitoring of subawards The recipient most monitor sub ovards under this JAG award in accordance with all applicable statutes, regulations, award conditions, and the DO] Grants Financial Guide, and most include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight ofsubrocipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 43. Reporting requirements The recipient most submit quarterly Federal Financial Reports (SF-425) and semi -am all performance reports through OJP's GMS (https://grarts.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work The recipient must submit quarterly performance metrics reports through BJA's performance Measurement Toot (PMT) website (www.bjaperfonnaocemols.mg). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpagc. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 44. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data [elated to training that officers have received on the use of font, mcial and etludc bins, dc- escalationof conflict, and constructive engagement with the public. DIP FORM4neal2 (REV. "a) U.S. Department of Justice Office ofJuticeProgmrns AWARD CONTINUATION I Bureau of Justice Assistance SHEET PACE 14 OF 21 Grant PRO]ECTNWIBFR 2017-131-BX-0990 AWARD DATE I1/e7JZ013 SPECL4L CONDMONS 45. Prohibited Expenditures List Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure List may be accessed here: bttps://www.bjagov/fundlny4AGContmiledPumhaseList.pdf 46. Controlled expenditures - prior written approvul required Award funds may not be used for items that are listed on the Controlled Expenditure List at the time ofpumhase or acquisition, including as the list may be amended from time in time, without explicit written prior approval from BIA, The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions we set out at https://www.bja.gov/funding/jAGContmIledP=hmeList.pdf 47. Controlled expenditures- incident reporting If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended farm time to time, the agency most enllact and retain (for at Icast 3 years) certain information about the use of— (1) any federally -acquired Controlled Equipment in the agency's inventory, and (2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless ofsource; and the agency must make that information available to BIA upon request. Details about what information must be collected and retained arc set out at https:/Iojp.govi'doca/LE- Equipment-W G-Final-Report.pdf. 48. Sale of items on Contnlled Expenditure List Notwithstanding the provision of the Port 200 Uniform Requirements set out at 2 C.F.R. 200.313, no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BIA, As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BIA as if it were requesting approval to use award funds for the inido] purchase of items on the Controlled Expenditure List, b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAS, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval farm B1.A. All law enf rmement-related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds, and must abide by any applicable laws (including regulations) in such disposal. 49. Prohibited or controlled expenditures - Effect of failure to comply Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of my further approvals ofcontrolled expenditures under this or other federal awards. OUP POR.Sl4ceaR fREV.4-88) ,- U.S. Department of Justice Office of JusticeProgrums AWARD CONTINUATION j I Bureau of Justice Assistance SIM,ET PAGe 15 OF 21 Grant PROIECTNUMBER 2017-DI-nX-0990 .AWARD DATE 11102,201s 50. Contralled expenditures - Standards SPECIAL CONDITIONS Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency that acquires continued equipment with award hmds must adopt robust and specific written policies and protocols governing General Policing Standards mid Specific Controlled Equipment Standards. Germml Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (a) Transparency and Notice Considerations. Upon OJP's request, the recipient must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 5 L Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2016), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a mhiinum— (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjusmrcrallotice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred ",f- risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipieat at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would in the absence of federal funds, be made available for law enforcement activities. 52. "Certification of Compliance with 8 U.S.C. 1373" required for valid award acceptance by a unit of local government In order validly to accept this award, the applicant local government most submit the required "Certification of Compliance with 8 U.S.C. 1373" (executed by the chief legal officer of the local government), Unless that executed certification either— (1) is submitted to OR together with the fully-execured award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a unit of local government that purports to accept the award is invalid. If an initial award -acceptance submission by the recipient is invalid, once the unit of local government does submit he necessary certification regarding 8 U.S.C. 1373, it may submit a fully -executed award document executed by the unit of local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribes. OJP FORM 4000"1(REV. 4.88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROIECTNUhIBER 2017-Dr-BX-0990 AWARD CONTINUATION SHEET _ PAGE 16 OF 21 Grant AWARD DATE 11/0S2018 SPECLAL COND177ONS 53. Ongoing compliance with 8 U.S.C. 1373 is required 1. With respect to the "program or activity" funded in whole or part under this award (including any such "program or activity" of any subrecipient at any tier), throughout the period of pmfoonence for the award, no State or local government entity, -agency, or -official may prohibit or in any way restrict— (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status six described in 8 U.S.C. 1373(a); or (2) a govemmant entity or -agency fium sending, requesting or receiving, maintaining, or exchanging iaformation regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of this award, any prohibition (or restriction) that violates this condition is an "information -communication restriction." 2. Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a "public" institution of higher education, unless it fin[ obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the appropriate farm available at https://olp.govtfunding/ExplorelSmupleCerdficadom-SUSC1373.litm. Similarly, the recipient most require that no subreeipient (at any ter) may make a further subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification ofcompliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward, using the appropriate OJP form. 3. The recipient's monitoring responsibilities include monitoring afsubrecipient compliance with the requirements of this condition. 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any submuipient at any tier that is a Slam or local government or a "public" institution of higher education, incurs to implement this condition. S. Rules of Consuuction A, For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is one that is owned, controlled, or directly funded by a State or local government. (3)'Trogmm or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a) (4) "Immigration status" means what it means for purposes of 8 U.S.C. 1373 (Illegal Immigration Refomm and Immigrant Responsibility Act of 1996); and tents that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act) mean what they memm under that section 1101, except that the term "Stale" also shall include American Samoa (ef. 42 U.S.C. 901(a)(2)). (5) Pursuant in the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "immigration and Naturalization Service" in 8 U.S.C. 1373 are to be mad us references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any suhrmipient at any Her, any State or local government, any "public" institution of higher education, or any other entity (or individual) m violate any federal law, including any applicable civil rights or nondiscrimination law. 02 FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Pmgrams tt Bureau of Justice Assistance PROJECTFFLP,aFR 2017.DJ-aX-0990 AWARD CONTINUATION SHEET Grant AW"D DATE IIN212018 SPECIAL CONDITIONS PAGE fl OF 21 IMPORTANTNOTE: Any questions about the meaning or scope o f this condition should be directed to OJP, before award acceptance. 54. Authority to obligate award funds contingent on compliance with 8U.S.C.1373. unallowablecosts; obligation to notify A. time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a either a Stale or unit of local government or a "public" institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if — at the time it incurs such costs — the "program or activity" of the recipient (or ofany subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any "information -communication restriction." C. Any drawdewn of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the dale the recipient requests the drawdewn, the recipient and all subrecipients (regardless oftier) are incompliance with 8 U.S.C. 1373, D. The recipient must promptly notify OR (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, lies credible evidence that indicates that the funded "program or activity" of the recipient, or of any subrecipient at any tier that is either a Stole or local government or a "public" institution aIhigher education, may be subject to any "information -communication restriction." In addition, any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an "infonnatiomcommunicalion restriction." ?. Any subaward (at any tier)to, subrecipi,muell is either I State ora local government or a"public" institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the subrecipient (or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any "information -communication restriction." 3. Absent an express written determination by DOI to the contrary, based upon a finding by DOI of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award In making any such determination, DOI will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required." J- Rules of Construction A. For purposes of this condition"information-communication restriction" has the meaning set out in the award condition entitled "Ongoing compliance with 8 U.S-C. 1373 is required." B. Both the "Rules ofConstmctiao" and the "Important Note" act out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. OJP FORM 40ON2 (REV. 449) U.S. Department of Justice Office ol'Justice, Programs ANVARD CONTLNUATION '':' Bureau of Justice Assistance SHEET PAGE 18 OF 21 Grant PROIECTNTJMBER 2017-DJ-BX-0990 AWARD DATE llio 2ota SPECIAL CONDITfO,NS 55. Required State -level rules or practices related to aliens; allowable costs The following previsions apply w the recipient of this award, if the recipient is a Slate government, and also apply to any State -government suhrecipient at any tier (whether or not the recipient is a State government). j 1. Requirements With respect to the "program or activity' that is fimded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A State statute, or a Stare rate, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States. B. A State statute, or a State rate, -regulation, -policy, or -practice, must be in place that is designed to ensure that, when a State (or State -contracted) connectional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and — as early as practicable (see pans. 4.1f, of this condition) — provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecipicnt compliance with the requirements of this condition. 3. Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under nay other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of--- (1) developing and pulling into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in para. LA. above, and (3) honoring any request from DHS that is encompassed by para. I.B. above. 4. Rules of construction A. For purposes of this condition— (1) the term "alien" means what it means under secfioa 101 of the Immigration and Nationality Act (see 8 U.S.C, 1101(a)(3)). (2) tire term "correctional facility" means what it means under die Title I of the Omnibus Crime Control and Safe Streets Actof 1968 (sec 42 U.S.C. 3791(a)(7)). B. Nothing in this condition shall be understood in authorize or require any recipient, any subrecipient at any tier, any State or local government, or anv other entity or individual to maintain (or detain) any individual in custody beyond tire dale and time the individual would have been released in the absence of dds condition. Current DHS practice is ordinarily to request advance notice of scheduled release "m early as practicable (at least 48 hot=, if possible)." (See DHS Form 1-247A (3/17)). In the event that (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such w not to permit the advance notice that DHS has requested, it shall nut be a violation of this condition to provide only as much advance notice ss practicable. DIP FOabt 40M (REV. 488) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET _ PAGE t9 OF 21 Grant PROTECT NUMBER 2n17-OI-a\-0990 AWARD DATE 1V0212018 SPECLIL CONDITIONS NOTE: Current DHS practice is rouse one form (DHS Form 1-247A (3/17)) for two distinct purposes -- to request advance notice of scheduled release, and to request that an individual be detained for up to 48 from AFTER the scheduled release. This condition imposes NO requirements as to such DHS requests for detention. C. Both the "Rules of Cunstmction" and the "important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. 56. Required local -government -level rules or practices related to aliens; allowable costs The following provisions apply m the recipient of this award, if the recipient is a unit of local government, and also apply to any local -government subrecipient of this award at any tier (whether or not the recipient itself is a mdt of local government). 1. Requirements With respect to the "program or activity" that is funded (in whole or in pan) by this award, as of die date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A local ordinance, -rate, -regulation, -policy, or -practice (or an applicable State statute, -nle, -regulation, - poliey, or -practice) must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given access a local-govemmmi, (or local -government -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire m m such individuals' right to be or remain in the United Seems. B. A local ordinance, mle, -regulation, -policy, or -practice (or an applicable State statute, -mle, -regulation, - policy, or -practice) most be in place that is designed to ensure dial, when a local -government (or local-goverament- contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, Wen such facility will honor such request and -- as early as practicable (see "Ruin of Construction" incorporated by pare. 4.13, of this condition) -- provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monfmring ofsubrecipicat compliance with We requirements of this condition. 3. Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of— (1) developing and putting into place statutes, ordinances, rules, regulations, policies, and practices to satisfy this condition, (2) permitting access as described in pam. I.A. above, and (3) honoring any request from➢HS that is encompassed by para. 1. B. above. 4. Rules of construction A. The "Rules of Concoction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. B. The "Rules of Construction" set out in the award condition entitled "Required State -level rules or practices related to aliens; allowable costs" are incorporated by reference as though set forth here in full. 011' FORbI 4000l? (REV.4-sa) U.S. Department of Justice Office of Justice Prograrns AWARD CONTINUATION t. s f- ,1 Bureau of Justice Assistance SHEET PAGE. 20 OF 21 Grant j PROJECTNUMBER 2017-MRX-0990 - AWARD DATE 11/0212018 SPECLIL C'OADMOA'S 57. Usaof funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into my non-govemmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 58. Encouragement of submission of"success stories" BJA strongly ancoun gea the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at fittps://www.bj&gov/Login.aspx to access the Success Story Submission limn. if the recipient does act yet have a My BJA account, please register at https://www.bja.govlpmfile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https://lvww.bje.gow5uccessStoryList.upx. 59. Requirement in disclose whetherrecipient is designated "high risk" by a federal grant -making agency outside ofDOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient most disclose that fact and certain related information to OJP by email at OJP.ComplimeaReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversightdue to the recipient's past performance, or other pmgrarnmage or financial concerns with the recipient. The recipient's disclosure must include the following: L The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 60. Reclassification of various statutory provisions to anew Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OR awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Tide 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 61. Withholding of funds: Required certification from the chief executive of the applicant govemateat The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government; properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. OR FORh1400012 (REV. 4-89) U.S. Depamnent of ustice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROJECT RIlb1DER 2017-DJ•aX.0990 AWARD DATE IllOYSmB SPECIAL CONntTroNS 62. Withholdingoffands: MemormilumofUnderstandmit PACE 21 OF 21 The recipient may not obligate, expend, or dmw dawn any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 63. Withholding of funds: Budget narrative The recipient may nut obligate, expend, or draw down any award funds until t recipient submits, and OJP reviews and accepts, the budget narrativz for the award, end a Grant Adjustment Notice (GAN) has been issued to remove this condition. 64. Withholdingof funds: Disclosureofpendingapplications The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided in the grant manager ur for this OR award either an "applicant disclose of pending applications" for federal funding or a specific af'Srmative, statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OR has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication offunding (e.g, budget modification, project scope adjustim d), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has ag reed greed r writing to any necessary reductionofthe award amount in any remove Lhil ant it prevent duplication (as determined by OJP), and (5) a Grant AdjustnentNotice has been issued t remove thi9 condition. 65. No funds under this award maybe provided to the City of Santa Ana unless and until (I) the recipient and the City of Santa Ana have submitted additional material to OR concerning the City of Santa Ana's compliance with 8 U.S.C. § 1373,(2) OJP has verified thatjurisdiction's compliance with 8 U.S.C. § 1373, and (3) OR issues a Grant Adjustment Notice (GAN) to modify or remove this condition O1P FORM 4000t2 (REV. 4-88) U.S, Department of Justice Offence of Justice Programs Bureau of Justice Assistance shingmn. OX, 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must fast determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis ate: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphea mine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html, Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. of oWic Department raoa, Justice GRANT MANAGER'S MEMORANDUM, PT.1: OBicc uflusdce Pmgmms ;.� Bureau of Justice Assistance PROJECT SUMMARY Grant PRUIDCF NUMBER � 2017-1)J.BX-0990 PAGE I OF 1 This Project is suppannd under FYll(BJA-JAG State and MGLocal Tsdn[oCPub.LYv 90. __.__..._ _.._hiding 6 art I of t E odified at 42 U.S C. 3750- ) 7A (genervity mdi tied at 42 U.S C. 3711- 3]97Ff 5) including P Far (c I]58), am also 28 U.S.C. 530C(a). I. STAFF CONTACT (Name & telephone number) Nfclmric Davis pal) 303.7944 2. PROJECT DIRECTOR (➢ewe, address & telephone number) Nna,y Nguyen Grant Manager 10 Civic Canter Plaza Orange, CA 92968-3303 (714) 935-6869 vxt6869 3a. TITLE OF THE PROGRAM BJ.A FY 17 Edwud Byme, Memorial Justice Annsume, Grant (JAG) Pmgmm - Local Solicuslion 4. TITLE OF PROJECT Outage County Area FYI JAG Project 5 NAME & ADDRESS OF GRANTEE. County ofOmnge 10 Civic Center Plaza Santa Ann, CA 52701 31, POMS CODE (SEE INSTRUCTIONS ON REVERSE) 6. NAVE & ADRESS OF SUBCRAYTEE 7. PROGRAMPERIOD 8. BUDGET PERIOD FROM: 10/01.2016 TO: 0913RCO20 FROM: ' 10101,2016 TO: D9/30R020 9. AMOUNT OF AWARD .__. 10. DATEOF AWrUtD 8716,349 1110220IS 11. SECOND YEAR'S BUDGET --__D --"""'---- 12.SECOND YEAR'S BUDGET AMOlP1T IJ THBiD YFAIt'S HUI)GET PERIOD 14. THIRD YEAR'S BUDGET ADt0UMr IS. SUMM.ARYDESCRIPTION OF PROJECT (See Instruction ov reversz) -�- �-"---""--' The Edward Byron Wzmorial Jtu i" Assistavcc Grant Program (JAG) Arava states and onus of local goverear at, including vibes, m supporta broad mage of criminal justice related activitles based on their awn state and Iecai needs and conditiom. Omni funds can be used for state and Inral initi.d., technical assistance, valuing. Personnel, equipment, supplim, contractual suPPnn. and information systems for crimiawljusdce, including for anyone ormore of die fo0owing Purpose areas:1)let eent and enfpromentI2)races; )Pla endco-'thrum,a;3)preventionandeducation programs;4)nmrecdam and community correcdothprograms; 5) drug treatment and enforcement orogmram 6) Planning, law cafe e, and technology impmvemear programs; 7) came victim and witness programs (other returns. compcnsavon); and 9) meaml health Programs and related law enforcement and mmedovs programs, including hehavioml pmgmms and crisis iumrvnudon teams. This Local JAG award win be shared by the Ceuaq mul one or more jusisdic6mu identified as dispumm within the court, Feast Year eligibility list (wsvw. bjagov/Jag). JAG funding will be used to eup,un mimbul jusace initiatives door fall under one or more of the allowable program areas aban, Any OIP FORM 4000.2 (REV 4-99) _.. _...._ _____—__ ___ ___.....___..._.__. uuipmem purchases or funded'mitiadvcs such az u.cnimc, msk Fortes, dmg ProbRains, intb�mation shorins, es, will ha aimed at reducing crime audbr e,d..in puhliw.frimr safety. NCr NCF U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2018 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ" ), that all of the following are true and correct: 1. 1 am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 3. 1 assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. 1 assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community -based organizations, to the extent applicable law or established procedure made such an opportunity available. 5. 1 assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. 1 have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. Paragraphs 7 and 8 of the Certifications and Assurances Ramnwar4 i Signature of Chief Execuu� the Applicant Unit of Local Government Printed Name of Chief Executive Name of Applicant Unit of Local Government ATTEST ? Daisy Gomez, MMC Clerk of the Council Date of Certi�fjcation of Chief Executive Rev. August 22, 2018 or�arvn�o n io A --A nit. U.S. DEPARTMENT OF JUSTICE Contact Us I Site Map I Careers at OJP I OUP Home Office of Justice Programs Search: aEARCH OJP A13OUTUS I NEWS CENTER I GRANTSIFUNDING I PARTNERSHIPS I RESOURCES I FOR CONGRESS I TRAINING &TA Current FundingQpportunities Past Funding Opportunities Legal Overview - FY2018 Awards Litgal Overview - FY2019 Awards 124JI P graaml 0 OJP Award Data Legal Notices r--------------------- t Not finding what you need? i contact usf t Financial Questions? t t t i a 1-80CA58-0786 (Ill': 202-616-3867) a Email the Customer Service Branch • DOJ Grants Financial Guide i a 2014 OJP Financial Guide t t Grant System Questions? t i i a 202-514-2024 a Email the Grants Management t System (GMS) Help Desk t t t t t 1grJyp-to be notified of new funding opportunities L____________________� Legal Notices: Special circumstances as to particular award conditions FY 2017 and FY 2018 JAG Award Special Notices Special Notice Re: FY 2017 Byrne JAG award conditions 52-56 to the following: State of New York and political subdivisions of New York State of Connecticut and political subdivisions of Connecticut State of New Jersey and political subdivisions of New Jersey State of Rhode Island and political subdivisions of Rhode Island State of Washington and political subdivisions of Washington Commonwealth of Massachusetts and political subdivisions of Massachusetts Commonwealth of Virginia and political subdivisions of Virginia City of New York At present, DOJ's authority to require compliance with Award Conditions 52 through 56 In FY 2017 JAG awards to the foregoing jurisdictions is the subject of pending litigation. Accordingly (and consonant with Award Condition 1), DOJ has determined that, at this time, it will not use or enforce those conditions In FY 2017 JAG awards to the foregoing jurisdictions. If the posture of the pending litigation changes (or if the pending litigation is resolved) in a manner that would permit DOJ to use or enforce any or all of Award Conditions 52 through 56 in the FY 2017 JAG awards to the foregoing jurisdictions, then DOJ will provide them with specific, formal, written notice of DOD's Intent to use or enforce those Conditions following the notice. During the period in which Award Conditions 52 through 56 are not used or enforced pursuant to this Special Notice, the FY 2017 Byrne JAG —Chief Legal 001cer Certification of Compliance with 8 U.S.C. § 1373 shall not be required of the foregoing jurisdictions. Special Notice Ste: FY 2017 Byrne JAG award conditions 52_56 and Cailfornia: At present, DOJ's authority to require compliance with Award Conditions 52 through 56 in FY 2017 JAG awards to the State of California and jurisdictions within that. State is the subject of pending litigation. Accordingly (and consonant with Award Condition 1), DOJ has determined that, at this time, it will not use or enforce those conditions in FY 2017 JAG awards to California or its political subdivisions. If the posture of the pending litigation changes (or if the pending litigation is resolved) h a manner that would permit DOJ to use or enforce any or all of Award Conditions 52 through 56 in the €Y 2017 JAG awards to the State or its subdivisions, then DOJ will provide them with specific, formal, written notice of DOSS intent to use or enforce those conditions following the notice. During the period In which AwardConditions52 through 56 are not used or enforced pursuantto this Special Notice, the FY 2017 Byrne JAG —Chief Legal Officer Certification of Compliance with 8 U.S.C. § 1373 shall not be required of California or its political subdivisions. Special Notice Re: FY 2018 Byrne JAG award conditions 4143 and 45.47 to the following: State of ifm.ots State of California and political subdivisions of California City of miiedefphlat CSty of Chicago and IYs disparate -group slTbreclplat At present, DOTS authority to require compliance with Award Conditions 41 through 43 and 45 through 47 in FY 2018JAG awards to the foregoing jurisdictions is the subject of pending litigation. Accordingly (and consonant with Award Condition 4 DOJ has determined that, at this time, it will not use or enforce those conditions in FY 2,048 JAG awards to these jurisdictions. If the posture of the pending litigation changes (or if the pending litigation is resolved) in a manner such that DOJ decides to use or enforce any or all of Award Conditions 41 through 43 and 45 through 47 in the FY 2018 JAG awards to the foregoing, then DOJ will provide them with specific, formal, written notice of DOJ's intent to use or enforce those conditions following the notice. During the period In which Award Conditions 41 through 43 are not used or enforced in an award to a jurisdiction pursuant to this Special Notice, the FY 2018 Byrne JAG Certification of Compliance with 8 U.S.C. §§ 1373 & 1644 shall not be required of that jurisdiction; and during the period in which Award Conditions 45 through 47 are not used or enforced in an award to a jurisdiction pursuant to this Special Notice, the FY 2018 Byrne JAG —Certification Relating to 8 U.S.C. §§ 1226(a) & (c), 123tM, 1324(a), 1357(8): It 1368(1) & (3) shall not be required of that jurisdiction. Special Notice Re: FY 2018 Byrne JAG award conditions 4546 to the following: State of Indiana and political subdivisions of Indiana State of Wisconsin and political subdivisions of Wisconsin political subdivisions of State of Illinois, other than Chicago (and its disparategroup subrecipients) At present, DOJ's authority to require compliance with Award Conditions 45 and 46 In FY 2018 JAG awards to the foregoing jurisdictions Is the subject of pending litigation. Accordingly (and consonant with Award Condition 1). DOJ has determined that, at this time, it will not use or enforce those conditions in FY 2018 JAG awards to these jurisdictions. If the posture of the pending litigation changes (or if the pending litigation is resolved) in a manner such that DOJ decides to use or enforce either or both of Award Conditions 45 and 46 in the FY 2018 JAG awards to the foregoing, then DOJ will provide them with specific, formal, written notice of DOJ's intent to use or enforce those conditions following the notice. During the period in which Award Conditions 45 through 46 are not used or enforced in an award to a jurisdiction pursuant to this Special Notice, the FY 2018 Byrne JAG Certification Relating to 8 U.S.C. §§ 1226(a) & (c), 1231(a), 1324(a), 1357(a), & 1366(1) & (3) shall not be required of that jurisdiction, FY17 Byrne JAG Extension: Recently, a preliminary injunction was issued relating to the "section 1373," "notice," and "access" award conditions that are contained in FY 2017 Byrne JAG awards. As a result, the Department is currently enjoined from enforcing those award conditions in FY 2017 Byrne JAG awards made to members of the U.S. Conference of Mayors. In order to afford the Department time to evaluate its options and provide guidance regarding that preliminary injunction, the Department is extending the deadline to accept FY 2017 Byrne JAG awards to October 5, 2018. This extension applies to all recipients of FY 2017 Byrne JAG award documents, whether or not they are covered under the terms of the preliminary injunction (as members of the U.S. Conference of Mayors). Special Notice Re: FY17 Byrne JAG award conditions 5246: At present, DOTS authority to require compliance with Award Conditions 52 through 56 in FY 2017 JAG awards to members of the United States Conference of Mayors is the subject of pending litigation, Including a preliminary Injunction. Accordingly (and consonant with Award Condition 1), DOJ has determined that, at this time, it will not use or enforce those conditions In FY 2017 JAG awards to such members. If the posture of the pending litigation changes (or if the pending litigation is resolved) in a manner that would permit DOJ to use or enforce Award Conditions 52 through 56 in the FY 2017 JAG awards to such members, then DOJ will provide those recipients of FY 2017 JAG awards that are such members with specific, formal, written notice of DOJ's Intent to use or enforce those conditions fallowing the notice. BUREAUS AND OFFICES • Bureau of Justice Assistance ♦ Bureau of Justice stalistics • National Institute of Justice ♦ Ofics for Victims of Cnme • Office of Juvenile Justice and Delinquency Prevention • Office of Sex Offender Sentencing, Monitoring, Apprehending. 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