HomeMy WebLinkAboutContract 51886 CITY SECRETARY
CONTRACT N0. 1111
(o
Memorandum of Understanding
Between the City of Fort Worth, TX and the City of North Richland Hills, TX
FY 2017 Justice Assistance Grant
1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort
Worth, Texas ("Recipient")and the City of North Richland Hills, Texas("Subrecipient").
2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities
under the U.S. Department of Justice ("DOJ"), Bureau of Justice Assistance, Fiscal Year
2017 Byrne Justice Assistance Grant(Grant).
3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the
parties in order to facilitate effective implementation of the Grant, in compliance with the
DOJ Program requirements. A portion of grant funds awarded under the Grant has been
allocated to secure grant funding for the Tarrant County Mental Health Law Liaison
Program, as outlined in the Grant agreement titled "Memorandum of Understanding Between
the Cities of Fort Worth, Arlington, Bedford, Hurst, North Richland Hills, and County of
Tarrant, Texas." In addition to those grant funds, once awarded, grant funds in the amount of
$7,798.00 shall provide funding to purchase fourteen (14) mini-rams breaching tools for
patrol officers for the North Richland Hills Police Department as outlined in the Budget
Narrative, attached as "Exhibit A" and incorporated by reference as part of this MOU.
4. RESPONSIBILITIES:
A. Recipient:
1) The Recipient is the cognizant fiscal agency of the Grant Funds and agrees to
participate in a collaborative manner with the Subrecipient throughout the life of the
grant.
2) After the Grant is awarded, the Recipient shall facilitate and manage the Grant
throughout its lifecycle, as required by the Grant award contract.
3) The Fort Worth Police Department — Financial Management Division - Grants and
Program Management Unit (Unit) will oversee the administration, procurement, and
reporting for the Subrecipients' grant-funded activities. The Unit shall review,
approve, and/or request approval from DOJ for any written requests by Subrecipient
to modify the terms of Exhibit A.
4) The Recipient shall reimburse the Subrecipient an amount not to exceed of$7,798.00
from available grant funds for approved services and expenses rendered in
he terms of
s MOU upon receipt of a
accordance
satisfactorytprogram accompanying documentation on of proper
services provi
d invoice
withprovided. The
reimbursement made to the Subrecipient shall not exceed actual costs incurred to
provide the services under this MOU. Actual costs, both direct and indirect, must be
MOU between the City of Fort Worth,TX LF�
and the City of North Richland Hills,TX—Fiscal Year 2017 Edward Byrne JAG
reasonable and allowable as those terms are defined and explained in the Office of
Management and Budget, as codified under 2 CFR Chapter I, Chapter II, Part 200.
B. Subrecipient:
1) Participate in a collaborative effort with the Recipient in the application,
administration, and implementation of the Grant. The collaboration is to last
throughout the life of the Grant.
2) Meet all statutory, administrative, and other included requirements pertaining to
administration, procurement, and reporting required under the Grant. Requirements
to be met include those found in (1) the Office of Management and Budget circulars,
(2)the Office of Justice Programs Financial Guidelines, (3) the Grant Assurances, (4)
Exhibit A to this MOU, entitled "FY 2017 JAG Budget Narrative", which is
incorporated by reference as part of this MOU, and (5) "Exhibit B" to the MOU,
entitled"Award Document"which is incorporated by reference as part of this MOU.
3) Maintain full documentation supporting fulfillment of the requirements set forth
above. All such documentation shall be furnished to Recipient upon request if
necessary for Recipient to fulfill its obligations under the Grant. If this documentation
is not maintained and furnished to Recipient on request, Recipient may exercise all
remedies available under this MOU, including the right to withhold payment to
Subrecipient or terminate this MOU as described herein.
4) Submit a monthly "Performance Report" to the Recipient, regardless of level of
activity. In addition, the Subrecipient shall submit program updates and other reports
requested by the Recipient and DOJ in the appropriate format and on a timely basis;
and make available at reasonable times and for reasonable periods records and other
programmatic or financial records, books, reports, and supporting documents for
review by the Recipient, DOJ, or their authorized representatives. Performance
Reports are due to the Recipient no later than the 15th calendar day of the following
month. The Performance Report must contain the following information:
a) A detailed list of all projects or activities for which the Grant funds were
expended or obligated during the previous month, including:
(1) The name of project or activity;
(2) A description of project or activity; and
(3) An evaluation of the completion status of the project or activity.
5) Submit monthly Request for Reimbursement (RFR) forms and Vendor Report forms
with an original signature by an authorized representative to Grants and Program
Management Unit, Fort Worth Police Department, 505 West Felix Street, Fort Worth,
TX 76115 no later than the 15th calendar day of the month following expenditures.
Reimbursements by the Recipient will not be made until after receipt of an acceptable
and approved RFR and Performance Report from the Subrecipient. Reimbursements
MOU between the City of Fort Worth,TX
and the City of North Richland Hills,TX—Fiscal Year 2017 Edward Byrne JAG Page 2 of 8
shall be made within 30 days of receipt of said documents. The monthly RFRs and
Vendor Report Forms must contain the following information:
a. The amount of Grant funds that were expended to projects or activities during
the previous month; and
b. The amount of Grant funds that were obligated during the previous month.
6) Submit any and all proposed changes to the attached budget to the Recipient prior to
any expenditure deviation from approved budget. No expenditures inconsistent with
attached budget shall be made by Subrecipient prior to receiving written approval
from Recipient. Failure to obtain pre-approval for deviations from the budget may
result in a denial of reimbursement.
7) Maintain financial, programmatic, and supporting documents, statistical records, and
other records pertinent to claims submitted during the contract period for a minimum
of five (5) years after the termination of the contract period, or for five (5) years after
the end of the federal fiscal year in which services were provided. Such records shall
be available to Recipient for investigation, examination and audits as necessary. if
any litigation, claim, or audit involving these records begins before the fifth (5) year
period expires, the Recipient will notify the Subrecipient of such litigation, claim or
audit, and Subrecipient will be responsible for maintaining the records and documents
for not less than three (3) years after the final conclusion of all litigation, claims, or
audits. Litigation is considered resolved when a final order is issued, or a written
agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are
considered concluded upon the closure of the audit covering the entire award period.
5. PERFORMANCE. Recipient will monitor and evaluate Subrecipient's performance using the
goals and performance standards required in this MOU. Substandard performance as
determined by Recipient, including noncompliance with any applicable regulation, will
constitute noncompliance with this MOU. If action to correct such substandard performance
is not taken by Subrecipient within a reasonable period of time after being notified in writing
by Recipient, procedures to suspend or terminate the MOU will be initiated.
6. COMPENSATION. Payment by Recipient to Subrecipient shall require completion of all
Recipient forms and copies of adequate supporting documentation verifying eligibility of
expenses.
Subrecipient will not commingle grant funds with any other funds in any manner that would
prevent Recipient from readily identifying expenditures for the Grant.
7. SUBRECIPIENT MONITORING AND MANAGEMENT.
A. Pursuant to 2 C.F.R. Section 200.331 (Requirements for Pass Through Entities), the
following information is applicable to Subrecipient's Grant Award:
(1) Federal Award Identification—2017-DJ-BX-0841
MOU between the City of Fort Worth,TX
and the City of North Richland Hills,TX—Fiscal Year 2017 Edward Byrne JAG Page 3 of 8
(2) Subrecipient's Name—City of North Richland Hills
(3) Subrecipient's unique entity identifier—097-985-824
(4)Federal Award Identification Number (FAIN)—2017-DJ-BX-0841
(5) Federal Award Date—06/26/2018
(6) Subaward Period of Performance Start and End Date 10/01/2016—09/30/2020
(7)Amount of Federal Funds obligated by this action - $523,089.00
(8) Total Amount of Federal Funds obligated to the Subrecipient- $7,798.00
(9) Federal award project description - FYI Justice Assistance Grant Collaboration with
Fort Worth, Tarrant County, Arlington, Bedford, Hurst, and North Richland Hills.
(10) Name of Federal Awarding Agency, Pass-Through Entity — Department of Justice
passed through the City of Fort Worth
(11) CFDA Number and Name — 16.738 Edward Byrne Memorial Justice Assistance
Program
(12) Identification of whether the award is R&D - This award is not being utilized for
research or development.
(13) Indirect cost rate for the Federal award -The Subrecipient did not request
reimbursement for indirect costs.
8. CERTIFICATIONS.
A. Subrecipient hereby assures and certifies that:
1. It will comply (and will require any subgrantees or contractors to comply) with any
applicable statutorily-imposed nondiscrimination requirements, which may include the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victim of
Crime Act (42 U.S.C. § 1064(e)); The Juvenile Justice and Delinquency Prevention Act
of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the
Rehabilitation Act of 1973 (29 U.S.C. § 701); the Americans with Disabilities Act of
1990 (42 U.S.C. § 1231-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681,
1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex.
Order 13279 (equal protection of the laws for faith-based and community organizations).
2. No federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement.
3. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal grant or cooperative agreement, the
Subrecipient shall complete and submit Standard Form — LL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
MOU between the City of Fort Worth,TX
and the City of North Richland Hills,TX—Fiscal Year 2017 Edward Byrne JAG Page 4 of 8
4. If any funds have been paid or will be paid to purchase law enforcement equipment,
the Subrecipient shall comply with Executive Order 13688 ("Federal Support for Local
Law Enforcement Equipment Acquisition"). The term "law enforcement equipment"
includes, but is not limited to administrative equipment such as office furniture and
computers. It also includes military and military-styled equipment, firearms, tactical
vehicles, including property covered under 22 C.F.R. 121 and 15 C.F.R. Part 774.
9. POINTS OF CONTACT
A. Recipient
The primary point of contact for the Recipient is the Grant Specialist, Grants and Program
Management Unit, email address: FWPD-Grants-Programs@fortworthtexas.gov. Monthly
RFRs should be submitted, in writing, to the Fort Worth Police Department, 505 West Felix
Street, Fort Worth, TX 76115, Attention: Grant Specialist, Grant and Program Management
Unit.
Performance reports should be submitted by the Project Directors of the aforementioned FY
2017 Byrne Justice Assistance Grant programs in writing to Fort Worth Police Department,
505 West Felix Street, Fort Worth, TX 76115, Attention: Grant Specialist, Grant and
Program Management Unit.
B. Subrecipient
The primary point of contact for Subrecipient is Captain Kenneth Bounds for the City of
North Richland Hills, Texas, telephone number: (817) 427-7003 email address:
kbounds@nrhtx.com mailing address: 4301 City Point Drive, North Richland Hills, Texas,
76180.
C. Recipient and Subrecipient
Before any item included in an RFR would be denied as unallowable, Recipient agrees to
confer with Subrecipient to allow for clarification and explanation. Recipient agrees to
memorialize in writing any oral conversations concerning this subject matter.
10. ENTIRETY OF UNDERSTANDING. This MOU, including Exhibits A and B and any
documents incorporated specifically herein by reference, constitutes the entire understanding
between the parties as to the matters contained herein. Any prior or contemporaneous oral or
written agreement or other documents are hereby declared null and void to the extent they
may conflict with any provision of this MOU.
11. IMMUNITY. The Parties and their respective governing bodies do not waive their
sovereign immunity by entering into this MOU, and each fully retains all immunities and
defenses provided by law or otherwise with respect to any action based on or occurring as a
result of this MOU.
MOU between the City of Fort Worth,TX
and the City of North Richland Hills,TX—Fiscal Year 2017 Edward Byrne JAG Page 5 of 8
12. INDEPENDENT CONTRACTOR. The parties to this MOU do not intend to enter into a
legal partnership, as that term is used to describe a legal entity and to involve joint and
several liabilities. Recipient shall operate hereunder as an independent contractor and not as
an officer, agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate
hereunder as an independent contractor and not as an officer, agent, servant or employee of
the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of
Respondeat Superior for the acts and omissions of the officers, members, agents, servants,
employees, or officers of the other.
13. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws
or regulations or with the directives of the Recipient or Subrecipient. The provisions of this
MOU are severable and if for any reason a clause, sentence, paragraph or other part of this
MOU shall be determined to be invalid by a court or federal or state agency, board or
commission having jurisdiction over the subject matter thereof, such invalidity shall not
affect other provisions which can be given effect without the invalid provision.
Any monies expended by a party under or in connection with this MOU must come from
funds currently available to that party.
Subrecipient agrees that Recipient or its representatives shall, until the expiration of five (5)
years after the grant period, have access to and the right to examine any directly pertinent
books, documents, papers and have access during normal working hours to all necessary
facilities and shall be provided adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. Recipient shall give Subrecipient
reasonable advance notice of intended audits.
14. TERM. This MOU will become effective on the date it is executed by both parties
("Effective Date") and will remain in effect until the later of (1) expiration of the grant
period or(2) submission of the final report regarding the Grant to the DOJ.
15. MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of
the terms of this MOU shall be binding unless the same is in writing, dated subsequent to the
date hereof, and duly executed by the parties hereto.
16. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively
determined to have been delivered when (1) hand-delivered to the other party, or(2) received
by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
For the City of Fort Worth: For the City of North Richland
Hills:
Grant Specialist City Manager
City of Fort Worth Police Department City of North Richland Hills
505 West Felix Street 4301 City Point Drive
Fort Worth, TX 76115 North Richland Hills, TX 76180
MOU between the City of Fort Worth,TX
and the City of North Richland Hills,TX—Fiscal Year 2017 Edward Byrne JAG Page 6 of 8
17. TERMINATION. It is expressly understood and agreed by and between the parties that this
MOU is wholly conditioned upon the actual receipt by Recipient of the Grant; that all monies
distributed to Subrecipient hereunder shall be exclusively from Federal funds received under
said grant and not from any other monies of Recipient; and that if such funds are not timely
forthcoming, in whole or in part, Recipient may, at its sole discretion, terminate with MOU
and Recipient shall not be liable for payment for any work or services performed by
Subrecipient under or in connection with this MOU.
Either party may terminate this MOU at any time, by providing the other party with sixty
(60) days' written notice of termination.
Recipient may terminate this MOU in the event of Subrecipient default, inability or failure to
perform or to comply with any of the terms herein, or for other good cause (collectively
"default"), if after providing thirty (30) days' written notice to Subrecipient, and Subrecipient
fails to cure such default.
Termination will be effected by written notice to Subrecipient, specifying the portions of the
MOU affected and the effective date of termination. Subrecipient shall be reimbursed for
valid, eligible expenditures made prior to termination. Recipient will have no responsibility
or liability for Subrecipient's expenditures or actions occurring after the effective date of
termination.
18. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she
has the legal authority to execute this MOU on behalf of his or her respective party, and that
such binding authority has been granted by proper order, resolution, ordinance, or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this MOU.
[The remainder of this page was intentionally left blank.]
MOU between the City of Fort Worth,TX
and the City of North Richland Hills,TX—Fiscal Year 2017 Edward Byrne JAG Page 7 of 8
ACCEPTED AND AGREED: ACCEPTED AND AGREED:
CITY OF FORT WORTH: CITY OF NORTH RICHLAND HILLS:
B y: By: INAM
Jesus Chapa Mark Hindman
Assistant City Manager City Manager
0 -�gDate: Date:
APPROVAL RECOMMENDED:
By:
Joel F. Fitzgerald
Chief of Police
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY: LEGALITY:
By:
Thomas Royce H dnsen Maleshia B. McGinnis
Assistant City Attorney City Attorney
Contract Authorization:
M&C: - 501
Date Approved:
Ai ��Si. - � FST:
By �S $ j t ) �L &-L-
Mary J. Kayser° - r
♦r`• .=f1� a Richardson 7�•. .� y..
City Secretary %. /� •..... .a,':
Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and N R H Council Action ON
administration of this contract, including
ensuring all performance and reporting Date Approved D- - 1 -ap lq
rPniiirPmPntc_
Agenda No.
r�
Angela filler Or /Res No. 2O l a—DO
Grant Specialist
FeYof
AL RECORD
MOU between the City of Fort Worth,TX ECRET'ARY
and the City of North Richland Hills,TX—Fiscal Year 2017 Edward Byrne JAG I' ORTH,TX
Exhibit A
Budget
s '
General Instructions &Resources Vier Budget Summary OMB APPROVAL NO.:1121-0329
EXPIRES 7/31/2016
Budget Detail Worksheet
(1) Purpose:The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All
required information(including the budget narrative)must be provided.Any category of expense not applicable to your budget
may be left blank. Indicate any non-federal(match)amount in the appropriate category,ifapplicable.
(2) For each budget category,you can see a sample by clicking(To View an Example,Click Here)at the end of each description.
(3) There are various hot links listed in red in the budget categories that will provide additional information via documents on the internet.
(4) Record Retention: In accordance with the requirements set forth in 2 CFR Part 200.333,all financial records,supporting
documents,statistical records,and all other records pertinent to the award shall be retained by each organization for at least three
years following the closure of the audit report covering the grant period.
(5) The information disclosed in this form is subject to the Freedom of Information Act under 5 U.S.C.55.2.
A. Personnel—List each position by title and name of employee,if available.Show the annual salary rate and the percentage of time to be devoted to the project.
Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization.Include a description ofthe
responsibilities and duties of each position in relationship to fulfilling the project goals and objectives.(Note:Use whole numbers as the percentage of time,on example is
75.50%should be shown as 75.50)To View an Example,Click Here
PERSONNEL(FEDERAL)
Computation
Name Position Cost
Salary Basis Percentage of Time Length of Time
Year $0
FEDERAL TOTALI $0
Add Personnel
PERSONNEL NARRATIVE(FEDERAL)
PERSONNEL(NON-FEDERAL)
Computation
Name Position Cost
Salary Basis Percentage of Time Length of Time
Year 1$00
NON-FEDERAL TOTAL
Add Personnel
PERSONNEL NARRATIVE(NON-FEDERAL)
TOTAL PERSONNEL $0
B. Fringe Benefits—Fringe benefits should be based on actual known costs or an approved negotiated rate by a Federal agency.If not based
on an approved negotiated rate,list the composition of the fringe benefit package.Fringe benefits are for the personnel listed in budget category
(A)and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA,Workman's Compensation
and Unemployment Compensation.(Note:Use decimal numbers for the fringe benefit rates,an example is 7.65%should be shown as.0765)To view an Example.Click Here
FRINGE BENEFITS(FEDERAL)
Computation
Description Cost
Base Rate
FEDERAL TOTAL $
Add Fringe Benefits
FRINGE BENEFITS NARRATIVE(FEDERAL)
FRINGE BENEFITS(NON-FEDERAL)
Computation
Description Cost
Base Rate
1010
NON-FEDERAL TOTAL
Add Fringe Benefits
FRINGE BENEFITS NARRATIVE(NON-FEDERAL)
TOTAL FRINGE BENEFITS $0
C. Travel—Itemize travel expenses of staff personnel by purpose(e.g.,staff to training,field interviews,advisory group meeting,etc.).Describe the purpose ofeach
travel expenditure in reference to the project objectives.Show the basis of computation(e.g.,six people to 3-day training at$X airfare,$X lodging,$X subsistence). In
training projects,travel and meals for trainees should be listed separately.Show the number of trainees and the unit costs involved.Identify the location of travel,if known;
or if unknown,indicate`location to be determined."Indicate source of Travel Policies applied Applicant or Federal Travel Regulations.Note:Travel expensesfor
consultants should be included in the"Contractual/Consultant'category.To View an Example.Click Here
TRAVEL(FEDERAL)
Purpose of Travel Location Computation Cost
Item Cost Rate Basis for Quaritity Number of Number of Cost
Rate People Trips
Lodging Night $0.00
Meals Day $0.00
Mileage Mile $0.0
Transportation:
Round-tri $0.00
Local Travel $0.00
Other
$0.00
Subtotal $0.00 $
FEDERAL TOTAL $
Add Travel
TRAVEL NARRATIVE(FEDERAL)
TRAVEL(NON-FEDERAL)
Purpose of Travel Location Computation Cost
Item Cost Rate Basis for Quantity Number of Number of Cost
Rate People Trips
Lodging Night $0.00
Meals Day $0.00
Mileage Mile $0.00
Transportation:
Round-trip $0.00
Local Travel $0.00
Other
$0.00
Subtotal $0.00 $0
NON-FEDERAL TOTAL $0
Add Travel
TRAVEL NARRATIVE(NON-FEDERAL)
TOTAL TRAVEL $0
D. Equipment—List non-expendable items that are purchased(Note:Organization's own capitalization policy for classification of equipment should be used). Expendable
items should be included in the"Supplies"category.Applicants should analyze the cost benefits of purchasing versus leasing equipment,especially high cost items andthose
subject to rapid technological advances.Rented or leased equipment costs should be listed in the"Contractual"category.Explain how the equipment is necessary for the success
of the project,and describe the procurement method to be used.To View an Example.Click Here
EQUIPMENT(FEDERAL)
Computation
Item Cost
Quantity Cost
100
FEDERAL TOTAL
Add Equipment
EQUIPMENT NARRATIVE(FEDERAL)
EQUIPMENT(NON-FEDERAL)
Computation
Item Cost
Quantity Cost
IS100
NON-FEDERAL TOTAL
Add Equipment
EQUIPMENT NARRATIVE(NON-FEDERALI
TOTAL EQUIPMENT $0
E. Supplies—List items by type(office supplies,postage,training materials,copying paper,and expendable equipment items costing less than$5,000,such as books,
band held tape recorders)and show the basis for computation.Generally,supplies include any materials that are expendable or consumed during the course of theproject.
To View an Example.Click Here
SUPPLIES(FEDERAL)
Computation
Supply Items Cost
Quantity/Duration Cost
Tactical mini-ram breaching tool 1 $557.0 $7,79
FEDERAL TOTAL $7,798
Add Supplies
SUPPLIES NARRATIVE(FEDERAL)
Patrol officers sometimes encounter the need to enter a structure through a locked door.This could be for incidents ranging from a welfare check on an unresponsive resident to a
barricaded subject who presents an imminent threat to public safety.Mini-rams are breaching tools that can be operated by a single officer and carried in a patrol vehicle.The
purchase of fourteen(14)of these mini-rams will allow the North Richland Hills Police Department to place one in a significant number of patrol vehicles.
SUPPLIES(NON-FEDERAL)
Computation
Supply Items Cost
Quantity/Duration Cost
$0
NON-FEDERAL TOTAL $0
Add Supplies
SUPPLIES NARRATIVE(NON-FEDERAL)
TOTAL SUPPLIES $7,798
F. Construction—Provide a description of the construction project and an estimate of the costs.As a rule,construction costs are not allowable.In some cases,minor repairs
or renovations maybe allowable.Minor repairs and renovations should be classified in the'other'category.Consult with the program office before budgeting funds in this
category. To View an Example.Click Here
CONSTRUCTION(FEDERAL)
Purpose Description of Work Cost
FEDERAL TOTAL $0
Add Construction
CONSTRUCTION NARRATIVE(FEDERAL)
CONSTRUCTION(NON-FEDERAL)
Purpose Description of Work Cost
NON-FEDERAL TOTAL $0
Add Construction
CONSTRUCTION NARRATIVE(NON-FEDERAL)
TOTAL CONSTRUCTION $0
G. Consultants/Contracts—Indicate whether applicant's formal,written Procurement Policy or the Federal Acquisition Regulations are followed.
Consultant Fees:For each consultant enter the name,if known,service to be provided,hourly or daily fee(8-hour day),and estimated time on the project.Consultant feesin
excess of$650 per day or$81.25 per hour require additional justification and prior approval from OJP.To View an Example,Click Here
CONSULTANT FEES(FEDERAL)
Computation
Name of Consultant Service Provided Cost
Fee Basis Quantity
8 Hour Day $0
SUBTOTAL $0
Add Consultant Fees
CONSULTANT FEES NARRATIVE(FEDERAL)
CONSULTANT FEES(NON-FEDERAL)
Computation
Name of Consultant Service Provided Cost
Fee Basis Quantity
8 Hour Day $0
SUBTOTAL $0
Add Consultant Fees
CONSULTANT FEES NARRATIVE(NON-FEDERAL)
Consultant Expenses:List all expenses to be paid from the grant to the individual consultants in addition to their fees(i.e.,travel,meals,lodging,etc.).This includestravel
expenses for anyone who is not an employee of the applicant such as participants,volunteers,partners,etc.
CONSULTANT EXPENSES(FEDERAL)
Purpose of Travel Location Computation Cost
Item Cost Rate Basis for Quantity Number of Number of Cost
Rate People Trips
Lodging Night $0.00
Meals Day $0.00
Mileage Mile $0.00
Transportation:
Round-trip $0.00
Local Travel $0.00
Other
7 $0.00
Subtotal $0.00 $0
SUBTOTAL $
FEDERAL TOTAL $0
Add Consultant Expenses
CONSULTANT EXPENSES NARRATIVE(FEDERAL)
CONSULTANT EXPENSES(NON-FEDERAL)
Purpose of Travel Location Computation Cost
Item Cost Rate Basis for Quantity Number of Number of Cost
Rate People Trips
Lodging Night $0.00
Meals Day $0.00
MileageMile $0.00
Transportation:
Round-trip $0.00
Local Travel $0.00
Other V 1
$0.00
Subtotal $0.00 $0
SUBTOTAL $0
NON-FEDERAL TOTAL $0
Add Consultant Expenses
CONSULTANT EXPENSES NARRATIVE(NON-FEDERAL)
TOTAL CONSULTANTS $0
Contracts_Provide a description of the product or service to be procured by contract and an estimate of the cost.Applicants are encouraged to promote free and open competition
in awarding contracts.A separate justification must be provided for sole source contracts in excess of$150,000.A sole source contract may not be awarded to a commercial
organization that is ineligible to receive a direct award. Note:This budget category may include subawards.
CONTRACTS(FEDERAL)
Item Cost
FEDERAL TOTAL $0
Add Contracts
CONTRACTS NARRATIVE(FEDERAL)
CONTRACTS(NON-FEDERAL)
Item Cost
NON-FEDERAL TOTAL $0
Add Contracts
CONTRACTS NARRATIVE NON-FEDERAL
TOTAL CONTRACTS $0
TOTAL CONSULTANTS/CONTRACTS $0
H. Other Costs—List items(e.g.,rent(arms-length transaction only),reproduction,telephone,janitorial or security services,and investigative or confidential funds)by
major type and the basis of the computation.For example,provide the square footage and the cost per square foot for rent or provide a monthly rental cost and how many months
to rent. The basis field is a text field to describe the quantity such as square footage,months,etc. To View an Example,Click Here
OTHER COSTS(FEDERAL)
Computation
Description Cost
Quantity Basis Cost Length of Time
$0
FEDERAL TOTAL $0
Add Other Costs
OTHER COSTS NARRATIVE(FEDERAL)
OTHER COSTS(NON-FEDERAL)
Computation
Description Cost
Quantity Basis Cost Length of Time
NON-FEDERAL TOTAL $0
Add Other Costs
OTHER COSTS NARRATIVE(NON-FEDERAL)
TOTAL OTHER COSTS $0
I. Indirect Costs—Indirect costs are allowed if the applicant has a Federally approved indirect cost rate.A copy of the rate approval,(a fully executed,negotiated agreement),
must be attached.If the applicant does not have an approved rate,one can be requested by contacting the applicant's cognizant Federal agency,or the applicant may elect to charge
a deminimis rate of 10%of modified total direct costs as indicated in 2 CFR Part 200.414f. If the applicant's accounting system permits,costs may be allocated in the direct cost
categories.(Use whole numbers as the indirect rate,an example is an indirect rate of 15.73%should be shown as 15.73)To View an Example.Click Here
INDIRECT COSTS(FEDERAL)
Computation
Description Cost
Base Rate
$0
FEDERAL TOTAL $0
Add Indirect Costs
INDIRECT COSTS NARRATIVE(FEDERAL)
INDERECT COSTS(NON-FEDERAL)
Computation
Description Cost
Base
Rate
NON-FEDERAL TOTAL so
Add Indirect Costs a
INDIRECT COSTS NARRATIVE(NON-FEDERAL)
TOTAL INDIRECT COSTS $0
Budget Summary—When you have completed the budget worksheet,transfer the totals for each category to the spacesbelow.
Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount
of non-Federal funds that will support the project.
Budget Category Federal Request Non-Federal Amounts Total
A.Personnel $0 $0 $0
B.Fringe Benefits $0 $0 $0
C.Travel $0 $0 $0
D.Equipment
$0 $0 $0
E.Supplies $7,798 $0 $7,798
F.Construction $0 $0 $0
G.Consultants/Contracts $0 $0 $0
H.Other $0 $0 $0
Total Direct Costs $7,798 $0 $7,798
I. Indirect Costs $0 $0 $0
TOTAL PROJECT COSTS $7,7981 $0 $7,798
Federal Request $7,798
Non-Federal Amount $0
Total Project Cost $7,798
Public Reporting Burden
Paperwork Reduction Act Notice: Under the Paperwork Reduction Act, a person is not required to
respond to a collection of information unless it displays a current valid OMB control number. We try to
create forms and instructions that are accurate, can be easily understood, and which impose the least
possible burden on you to provide us with information. The estimated average time to complete andfile
this application is four(4)hours per application. If you have comments regarding the accuracy of this
estimate, or suggestions for making this form simpler,you can write the Office of Justice Programs,
Office of the Chief Financial Officer, 810 Seventh Street, NW, Washington, DC 20531; and to the Public Use
Reports Project, 1121-0188, Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503.
Exhibit B
Award Document
U.S.Department of Justice
l`A Office of Justice Programs
r`
? ! Bureau of Justice Assistance Grant PAGE 1 of zz
.<
r505
T NAME AND ADDRESS(Includiug Zip Code) 4.AWARD NUMBER: 2017-DJ-BX-0841
t Worth
el x Street 5.PROJECT PERIOD:FROM 10/01/2016 TO 09/30/2020
,TX 76115-3405
BUDGET PERIOD:FROM 10/01/2016 TO 09/30/2020
6.AWARD DATE 06/26/2018 7.ACTION
2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial
756000528 00
2b.GRANTEE DUNS NO.
073170458 9.PREVIOUS AWARD AMOUNT $o
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $523,089
FY 17 Justice Assistance Grant
11.TOTAL AWARD $523,089
12.SPECL4L CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under FY17(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 42 U.S.C.3711-3797££-5),
including subpart 1 ofpart E(codified at 42 U.S.C.3750-3758);see also 28 U.S.C.530C(a).
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.738-Edward Byrne Memorial Justice Assistance Grant Program
15.METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Alan R.Hanson �c. Q
Assistant City Manager �^(8
Principal Deputy Assistant Attorney General
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
WIIImo� - r--
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. SDJUGT0886
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 523089
OJP FORM4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
Appg"Rj)AS TO FORM AND LEGTAITY'
�_f y0J2(RE ,.i+88) -' v
21018 a5tapat City AttGEncy
CITY OF FaRTwa;?r�t ��ttWsted b
�;
fi41YSECCETARY �
.........
I y
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 22
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
1. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition incorporated by reference below,or a certification or assurance related to conduct during the award period
may result in the Office of Justice Programs("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 of Justice("DOJ"),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 imposition of civil penalties and administrative remedies for false claims
or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the`Part 200 Uniform Requirements")apply to this FY
2017 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If 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 Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that
are obligated on or after the acceptance date of this FY 2017 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at https://ojp.govffunding/Part200UniforniRequirements.htm.
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 some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
3. Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website(currently,the"2015
DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.htm),including any updated version
that may be posted during the period of performance.
OJP FORM 400012(REV.4-88)
r U.S.Department of Justice
`y_ `•. "';,i Office of Justice Programs AWARD CONTINUATION
,; _' -•`g Bureau of Justice Assistance SHEET PAGE s of 22
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL 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"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2015,will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
5. Requirements related to"de minimis"indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis"
indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
6. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ
awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
OJP FORM 4000/2(REV.4-88)
�t _
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE a of zz
Grant
PROSECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06126/2018
SPECIAL CONDITIONS
7. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients
(first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/fanding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to
any business or non-profit organization that 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 subrecipient("subgrantee")at any tier,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm(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("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$150,000)),and are incorporated by reference here.
OJP FORM 4000/2(REV.4-88)
�C .
U.S.Department of Justice
r': + Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 5 OF 22
s. r
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
10. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited
-conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are incorporated by reference here.
11. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial
Guide").
12. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws.
13. OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/fundinglojptrainingguidingprinciples.htm.
14. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other 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 any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
OJP FORM 4000/2(REV.4-88)
^` U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
�''.•e " c�' Bureau of Justice Assistance SHEET PAGE 6 of zz
�f _4 Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/'2018
SPECIAL CONDITIONS
16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an
equal employment opportunity program.
17. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs."
18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries. Part 38 of 28 C.P.R.,a DOJ regulation,was amended effective May 4,2016.
Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice.
Part 38 also sets out 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
subrecipients that are faith-based or religious organizations.
The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is
available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-
bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR'current"
data.
19. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any
subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of
Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U.S.C.1352. Certain exceptions to this law apply,including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the
express prior written approval of OJP.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 7 of 22
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
20. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2017)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general
provisions"in the Consolidated Appropriations Act,2017,are set out at
https://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm,and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might
fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not
proceed without the express prior written approval of OJP.
21. Reporting potential fraud,waste,and abuse,and similar misconduct
The recipient,and any subrecipients("subgrantees")at any tier,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 connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division,
950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotline@usdoj.gov;and/or(3)
the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881
(fax).
Additional information is available from the DOJ OIG website at https://www.usdoj.gov/oig.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 8 of 22
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
22. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b. certifies that,if it leams or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
,e Bureau of Justice Assistance SHEET PAGE 9 OF 22
Grant
PROJECTNUMBER 2017-DJ-BX-0841 AWARD DATE 06/261'2018
SPECL4L CONDITIONS
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 provisions that prohibit,under specified circumstances,discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance.
24. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")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,awareness,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 OJP all documentation necessary for OJP to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG 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-tier subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htni(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 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).
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27. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
28. Justice Information Sharing
In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community,the recipient(and any subrecipient at any tier) must comply with DOD's Global Justice
Information_Sharing_Initiative(DOD's Global).guidelines.and recommendations-for-this-particular.award.The recipient-
shall
ecipient shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at:
https://it.ojp.gov/gsp_grantcondition.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 of duplication 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 any information technology system funded or supported by funds under this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R Part 23,Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 42 U.S.C.3789g(c)-(d). The recipient may not satisfy such a fine with federal funds.
31. Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
32. Confidentiality of data
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 42 U.S.C.37898
and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further
agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R.Part 22 and,in particular,28 C.F.R.22.23.
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33. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address. If any information is
incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
34. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds
_ _-who is.a task force_commander,.agency.executive,task force officer,-or-other taskforcemember-of equivalent rank,
must complete required online(internet-based)task force training.Additionally,all future task force members must
complete this training once during the period of performance for this award,or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including
privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and
accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force
personnel roster,along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership(www.ctfli.org).
35. Required attendance at BJA-sponsored events
The recipient(and its subrecipients at any tier)must participate in BJA-sponsored training events,technical assistance
events,or conferences held by BJA or its designees,upon BJA's request.
36. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
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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 National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient.
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by
the award,the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below,whether or not they are being
V specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a
,
subreci fentor any y third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year 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 methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at https:/Na.gov/Funding/nepa.html,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
38. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.(The trust fund may or may not be an interest-bearing 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 Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
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39. Prohibition on use of award funds for match under BVP program
JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the
DOJ Bulletproof Vest Partnership(BVP)program.
40. Certification of body armor"mandatory wear"policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written"mandatory wear"policy in effect.The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-
_-resistant-body armor purchases_This.policy must be in place for.at-least all uniformed officers before.any_funds.from
this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
41. Body armor-compliance with NIJ standards
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(https://nij.govo.In addition,ballistic-resistant and stab-resistant body armor purchased must be
American-made.The latest NIJ standard information can be found here:https:Hnij.gov/topies/technology/body-
armor/pages/safety-initiative.aspx.
42. Required monitoring of subawards
The recipient must monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
award conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
43. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https://grants.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 Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
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 related to training that officers have received on the use of force,racial and ethnic bias,de-
escalation of conflict,and constructive engagement with the public.
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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:https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
46. Controlled expenditures-prior written approval required
Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or
acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA.
__--The Controlled Expenditure Listrand.instructions on how to requestapprovalfor_purchase or acquisitions are set-out at
https://www.bja.gov/funding/JAGControlledPurchaseList.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 from time to time,the agency must collect and retain(for
at least 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 of source;and the agency must make that information available to BJA
upon request.Details about what information must be collected and retained are set out at https://ojp.gov/docs/LE-
Equipment-WG-Final-Report.pdf.
48. Sale of items on Controlled Expenditure List
Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R.200.313,no equipment listed
on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third parry,
except as described below:
a. Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement
Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will
be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the
initial 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 from BJA.All law enforcement-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 any
further approvals of controlled expenditures under this or other federal awards.
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50. Controlled expenditures-Standards
Consistent with recommendation 2.1 of Executive Order 13688,a law enforcement agency that acquires controlled
equipment with award funds must adopt robust and specific written policies and protocols governing General Policing
Standards and Specific Controlled Equipment Standards.General 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(e)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.
51. 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
minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are
removed by OR(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and OJP 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 subrecipient 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 must 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 OJP together with the fully-executed 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 the
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.
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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 performance 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 as described in 8 U.S.C. 1373(a);or
(2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information
regarding immigration status as described in 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 first obtains a certification of compliance with 8 U.S.C._1 3_73,properly
executed by the chief legal officer of the jurisdiction or institution that would receive the subaward,using the
appropriate form available at https://ojp.gov/fanding/Explore/SauipleCertificafons-8USC1373.htm. Similarly,the
recipient must require that no subrecipient(at any tier)may make a further subaward to a State or local government or a
"public"institution of higher education,unless it first 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 further subaward,using the
appropriate OJP form.
3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4.Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent 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
subrecipient at any tier that is a State or local government or a"public"institution of higher education,incurs to
implement this condition.
5.Rules of Construction
A.For purposes of this condition:
(1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is one that is owned,controlled,or directly funded by a State or local
government.
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means for purposes of 8 U.S.C.1373(Illegal Immigration Reform and
Immigrant Responsibility Act of 1996);and terms that are defined in 8 U.S.C. 1101(Immigration and Nationality Act)
mean what they mean under that section 1101,except that the term"State"also shall include American Samoa(cf.42
U.S.C.901(a)(2)).
(5)Pursuant to 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 read as references to
particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any"public"institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
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IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
54. Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373;unallowable costs;obligation to notify
1. If the recipient is a State or local government—
A. The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the
recipient(or of any subrecipient at any tier that is a either a State 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 of any
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 subj ect to any"information-communication
restriction."
C. Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and all subrecipients
(regardless of tier)are in compliance with 8 U.S.C. 1373.
D. The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded"program or activity"of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a"public"institution of higher
education,may be subject to any"information-communication restriction."In addition,any subaward(at any tier)to a
subrecipient that is 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
"information-communication restriction."
2. 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 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 DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipienfs minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award. In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring ofsubrecipient compliance with the requirements set out in the award condition entitled"Ongoing
compliance with 8 U.S.C.1373 is required."
4. 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 of Construction"and the"Important Note"set out in the award condition entitled"Ongoing
compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full.
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55. Required State-level rules or practices related to aliens;allowable costs
The following provisions apply to the recipient of this award,if the recipient is a State government,and also apply to
any State-government subrecipient at any tier(whether or not the recipient is a State government).
1.Requirements
With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient
accepts this award,and throughout the remainder of the period of performance for the award--
A.A State statute,or a State rule,_regulation,-policy,or-practice,must be in place that is designed to ensure that
agents of the United States acting under color of federal law in fact are given to access any State(or State-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 rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that,
when a State(or State-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,then such facility will honor such request and--as early as practicable(see para.4.13.of this
condition)--provide the requested notice to DHS.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient 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 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,rules,regulations,policies,and practices to satisfy this condition,and(2)permitting access as described in
para. I.A.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 section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3)).
(2)the term"correctional facility"means what it means under the Title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 42 U.S.C.3791(a)(7)).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and time the individual would have been released in the absence of this condition.
Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48
hours,if possible)."(See DHS Form I-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 as not to permit the advance notice that DHS has requested,it
shall not be a violation of this condition to provide only as much advance notice as practicable.
OJP FORM 4000/2(REV.4-88)
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NOTE:Current DHS practice is to use one form(DHS Form I-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 hours AFTER the
scheduled release.This condition imposes NO requirements as to such DHS requests for detention.
C.Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing
compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full.
56. Required local-government-level rules or practices related to aliens;allowable costs
The following provisions apply to 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_unit of local
government).
1. Requirements
With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient
accepts this award,and throughout the remainder of the period of performance for the award--
A. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,-
policy,or-practice)must be in place that is designed to ensure that agents of the United States acting under color of
federal law in fact are given access a local-government(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 as to such individuals'right to be or remain in the United States.
B. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,-
policy,or-practice)must be in place that is designed to ensure that,when a local-government(or local-government-
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,
then such facility will honor such request and--as early as practicable(see"Rules of Construction"incorporated by
para.4.B,of this condition)--provide the requested notice to DHS.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient 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 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 para. I.A.above,and(3)honoring any request from DHS that is encompassed by para. I.B.above.
4. Rules of construction
A. The"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance
with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full.
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.
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57. Use of funds for DNA testing;upload of DNA profiles
If award fiends are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
-- -
be accepted for entry into CODIS. _-- -- -,-- - —
58. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.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://www.bja.gov/SuccessStoryList.aspx.
59. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
60. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified to a new Title 34,entitled"Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OJP awards(that is,OJP grants and cooperative agreements),including
many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
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 government
The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as
determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
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62. Withholding of funds: Program narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove
this condition.
63. Withholding of funds: Project abstract
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the project abstract,and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
64. Withholding of funds: Memorandum of Understanding
The recipient may not obligate,expend,or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
65. Withholding of funds: Budget narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the budget narrative for the award,and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
66. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or
any other grant,cooperative agreement,or procurement contract from the federal government. Under certain
circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal
System for Award Management(known as"SAM"),to the designated federal integrity and performance system
(currently,"FAPIIS").
The details of recipient obligations regarding the required reporting(and updating)of information on certain civil,
criminal,and administrative proceedings to the federal designated integrity and performance system(currently,
"FAPIIS")within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm(Award condition:
Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by
reference here.
67. Withholding of funds:Disclosure ofpending applications
The recipient may not obligate,expend,or draw down any award funds until:(1)it has provided to the grant manager
for this OJP award either an"applicant disclosure of pending applications"for federal funding or a specific affirmative
statement that no such pending applications(whether direct or indirect)exist,in accordance with the detailed
instructions in the program solicitation,(2)OJP has completed its review of the information provided and of any
supplemental information it may request,(3)the recipient has made any adjustments to the award that OJP may require
to prevent or eliminate any inappropriate duplication of funding(e.g.,budget modification,project scope adjustment),
(4)if appropriate adjustments to a discretionary award cannot be made,the recipient has agreed in writing to any
necessary reduction of the award amount in any amount sufficient to prevent duplication(as determined by OJP),and
(5)a Grant Adjustment Notice has been issued to remove this condition.
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68. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice
(GAN)releasing this special condition.
69. Withholding of funds: Subrecipient monitoring policies
The recipient's response to the Subrecipient Management and Monitoring question(s)of the Financial Management and
System of Internal Controls Questionnaire indicates that the recipient may not have controls in place to monitor the
activities of any subrecipient,as necessary,to ensure that the subaward is used for authorized purposes in compliance
with Federal laws,regulations,and the terms and conditions of the subaward and that subaward performance goals are
achieved._(See 2-CFR 200.331(d)).-_The recipient agrees to submit a.copy of-its subrecipient monitoring-policies and
procedures to the OJP program office.
If the recipient anticipates that it will not make a subaward under this award then,instead of submitting subrecipient
monitoring policies and procedures,the recipient agrees that it must advise OJP in writing that it does not intend to
make a subaward under this award.
The recipient may not obligate,expend,or draw down funds under this award until either--(1)the OJP program office
has received,and OJP has reviewed and approved,the subrecipient monitoring policies and procedures,or(2)the OJP
program office has received and considered the recipient's written communication and has agreed(for purposes of
federal grants administrative requirements)that no subawards are anticipated under this award—and a Grant
Adjustment Notice has been issued to remove this condition.
The recipient understands and agrees that it is obligated to immediately notify the OJP grant manager in writing of any
later change in its plan to make or not make a subaward under this award.
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