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HomeMy WebLinkAboutContract 52323R RECE�v�° � 2019 Mai CITY SECRETARY CONTRACT NO. a-393 C C Si AtP THE STATE OF TEXAS COUNTIES OF TARRANT, DENTON AND WISE KNOW ALL BY THESE PRESENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF FORT WORTH, ARLINGTON, BEDFORD, AND COUNTY OF TARRANT, TEXAS FY 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FORMULA PROGRAM AWARD This Memorandum of Understanding ("MOU") is made and entered into this _day of 2019, by and between the COUNTY of TARRANT, acting by and through its duly authorized representative (hereinafter referred to as COUNTY), the CITY of FORT WORTH, acting by and through its duly authorized representative (hereinafter referred to as CITY), and the Cities of Arlington and Bedford, acting by and through their duly authorized representatives (hereinafter collectively referred to as SUBRECIPIENTS), located entirely within the State of Texas, witnesseth: WHEREAS, the governing bodies of City, County, and Subrecipients find that the performance of this MOU is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this MOU; and WHEREAS, under the FY 2018 Edward Byrne Memorial Justice Assistance Grant (Grant), the Department of Justice (DOJ) has awarded a total of $500,519.00 to be distributed to the parties to this MOU; and WHEREAS, the CITY has agreed to serve as the fiscal agent for the Grant, and distribute all such funds between the cooperating parties; and WHEREAS, the CITY agrees to provide the COUNTY an amount of $84,316.00 from the Grant award; and WHEREAS, ARLINGTON agrees to provide the COUNTY an amount of $37,709.00 from the Grant award; and WHEREAS, BEDFORD agrees to provide the COUNTY an amount of $3,105.00 from the Grant award; and WHEREAS, the CITY, SUBRECIPIENTS and COUNTY believe it to be in their best interests to reallocate the Grant funds as set forth herein. NOW THEREFORE, the COUNTY, CITY, and SUBRECIPIENTS agree as follows: Section 1. CITY agrees to reimburse the COUNTY a total of $125,130.00 of JAG funds. This total includes the amounts provided by City and Subrecipients outlined above. In no event shall County receive more than $125,130.00 under this MOU. CITY agrees to reimburse SUBRECIPIENT ARLINGTON a total of $113,127.00 of JAG funds. CITY agrees to reimburse SUBRECIPIENT BEDFORD a total of $9,314.00 of JAG funds. MOU between the Cities of Fort Worth, Arlington, Bedford, and the County of Tarrant, Texas FY 18 Byrne Justice Assistance Grant (JAG) 1 of 6 ? Cr I P�;: Section A. The above parties agree to utilize their jurisdiction's individual award as outlined in a separate Memorandum of Understanding between the City of Fort Worth and the individual municipality or county. Section 3. It is expressly understood and agreed that, in the execution of this MOU, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Section 4. Each party to this MOU will be responsible for its own actions in providing services under this MOU and shall not be liable for any civil liability that may arise from the furnishing of the services by any other party. This MOU creates no rights in any third party. Section 5. Section 6. As to each individual party, this MOU incorporates by reference the terms and conditions contained in the following three additional documents, as if set forth at length herein: (1) the Memorandum of Understanding between the City of Fort Worth and the individual municipality or county; (2) the applicable Grant Award Agreement; and (3) the individual municipality's budget submitted in connection with this grant award. This MOU, including the documents incorporated specifically herein by reference, contains 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. The signature lines for each subrecipient are being executed on individual pages and are attached as part of the MOU. Section 7. 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. MOU between the Cities of Fort Worth, Arlington, Bedford, and the County of Tarrant, Texas FY 18 Byrne Justice Assistance Grant (JAG) 2 of 6 IN WITNESS WHEROF, the following authorized representatives execute this agreement: CITY OF FORT WORTH, TEXAS By. Jesus J. Chapa Assistant City Ma a er Date. VAL RECOMMENDED: ��Toel'F VFitzgerald 'Chief of Police APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Mqiy Kayser City Secretary Date: Contract No.: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Department Employee MOU between the Cities of Fort Worth, Arlington, Bedford, and the County of Tarrant, Texas FY 18 Byrne Justice Assistance Grant (JAG) 3 of 6 F7: WORTH, T ' COUNTY OF TARRANT, TEXAS By: B. Glen Whitley County Judge tv�Gprur% lq I 906W % cI APPROVED AS TO FORM: Criminal District �e V4% LC I aotot *By law, the Criminal District Attorneys Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. MOU between the Cities of Fort Worth, Arlington, Bedford, and the County of Tarrant, Texas FY 18 Byrne Justice Assistance Grant (JAG) 4of6 CITY OF AKLINGTON, TEXAS By: Gilbert T. Perales Deputy City Manager APPR�VC� AS �� 1'CRTVd: KRIS SOLIS, City Attorney �Y2, A v ATTEST: Alex Busken, City Secretary MOU between the Cities of Fort Worth, Arlington, Bedford, and the County of Tarrant, Texas FY 18 Byrne Justice Assistance. 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U N Q Budget Summary — When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non+ederal 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 $1223441 $0 $122,441 E. Supplies $26,383 $0 $26,383 F. Construction $0 $0 $0 G. Consultants/Contracts $351,695 $0 $35105 H. Other $0 $0 $0 Total Direct Costs $500,519 $0 $500,519 I. Indirect Costs $0 $0 $0 TOTAL PROJECT COSTS $5001519 $0 $500,519 Federal Request $500,519 Non -Federal Amount $0 Total Project Cost $5005519 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 nzrmber•. 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 lvith information. The estimated average time to complete and file this application is four (4) hours per application. If you have comments regarding the accuracy of this estimate, or suggestionsfor making this form simpler, you can write the Office of Justice Programs, Office of the Chief Financial Officer, 810 Seventh Street, Nii; 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. U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance City ofFart North 505 West Felix Sheet Fort Worth, TX 76115 2a. GRANTEEIRS/VENDOR NO. 756000528 2b. GRANTEE DUNS NO. 3. PROJECT TITLE Local Law Enforcement Biock Grant (LLEBG) PAGG 1 OP 24 Grant 5. PROJECT PERIOD: FROM 10/Ol/2017 TO 09/30/2021 BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2021 6. AWARD DATE 10/01/2018 7. ACTION 8. SUPPLEMENTNUMBER Initial 00 9. PREVIOUS AIVARD AMOUNT $ 0 10. AMOUNT OF THIS AWARD $ SOD,5I9 11. TOTAL AWARD $ 500,519 THE ABOVE GRANT PROJECT IS APPROVED SUBIECT TO SUCH CONDITIONS ORLiMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S)I l3. STATUTORY AUTHORITY FOR GRANT This project is supported underFY18(BJA -JAG one &JAG Local) Title I ofPub. L. No. 90 351 (generally codi£ted at34 U.S.C. 10101- 10726)2 including subpart I ofpart E (codified at 34 U.S.C.10151-10158); see also 28 U.S.C. 530C(a) I4 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program I5. METHOD OF PAYMENT GPRS — AGENCY APPROVAL — 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL bfntt Dummermuth Principal Deputy Assismnt Atlomey General 17. SIG//�T�UR— �lE OF APPROVING OFFICIAL G'/"" 'q�' 04 )4wt tMI GRANTEE ACCEPTANCE I8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Jesus Chapa Assistant City Manager !9. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL AGENCY USE ONLY 0 20. ACCOUNTING CLASSIFICATION CODES 21. TDJUGTI228 FISCAL FUND BUD. DN. YEAR CODE ACT. OFC, REG, SUB, POMS AMOUNT X B DJ 80 00 00 500519 OlP FORivt 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. � ti � RLJJI.1' NOV A 20�8 GITYOEFORTWRRI"t1 C CITY SECRET* Matt' J. ado 19A. DATE 'JIB PROJECT NUMBER U.S. Deparhnent of7ustice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECI�IL CONDITIONS Grant toJotJ2ots Requirements ofthe award; remedies for non-compliance or for materially false statements PAGE 2 OP 24 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 foil 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 I62I, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction 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 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by D07 on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds ativarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to ON awards and subawards ("subgrants"), see the 07P website at https:!/ojp.gov/funding/Part200UnifonnRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. 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. OJP FORM 4000J2 (REV. 4-88) �C U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2018-DJ-BX-D876 ANARD DATE 1D(Ol/2018 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide PAGE 3 OF 24 References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index,htm), including any updated version that maybe posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide, 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code tivere editorially reclassified_toanewSitle34rentitled °Crime_Control.andl.acv Enforcement',--Ljre-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. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award musthave successfully completed an "OJP fcnancial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2016, wilt 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 httpsa/www.ojp.gov/training/fints.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that ON will immediately withhold ("freeze") award funds if the recipient fails to comply Fvith this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de 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(1), and that elects to use the "de minimis" indirect cost rate, must advise jr in writing of both its eligibili%ty 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, oJP roRM 4000/z IREv. 4-ss> PROJECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-HX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIf1L CONDITIONS 7. Requirement to report potentially duplicative funding Grant 10/OI/2018 PAGE 4 OF 24 If the recipient currently has other active awards of federal funds, or if the recipient receives any other ativard 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 fiords are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OV W, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://wwNv.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 11 s://ojp.gov/fundi4, / IJlorelSAM.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). 9. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB ?LA -17-12) if it for a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" V CFR 200.79) within the scope of an ON grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PI1 to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 10. Atl 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/fundingJExplore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4-88) PROJEC'P NUtviBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-D7-BX-0876 AWARD CONTINUATION SHEET ANARD DATE SPECLJL CONDITIONS Grant lorovzols PAGE 5 OF 24 11. 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 tivith 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/fun(iing(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. 12. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("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 httpsa/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. 13. 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 "DOJ Grants Financial Guide") 14. 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. 15. 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 httpsa/ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. OJP FORM 4000/2 (REV. 4-88) PROJECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 20t8-DJ-BX-0876 AWARD CONTINUATION SHEET AiVARD DATE SPECIAL CONDITIONS 16. Effect of faiture to address audit issues Grant toiouzota PAGE 6 OF 24 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, of 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. 17. Potential imposition of additional requirements Shesecipientagrees_to_comgly_with_any_additinnaLrequirements_thatsnay_beimposedtz�the�JiJJ�waromg_agency (OJP or OVW, as appropriate) during Lite period of perfomrance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. 18. Compliance with DO7 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. 19. 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." 20. 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 aII applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes 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 of https://Nvlvw.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Titie 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. OJP FORM 4000/2 (REV. 4-88) �G . PROJECT NUMBER 21. 22. 23. U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-087b Restrictions on "lobbying" AWARD CONTINUATION SHEET Grant AGVARD DATE SPECIAL CONDTIIONS torotnots PAGE 7 OF 24 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. I913. (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 OR 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 fail within the scope of these prohibitions, the recipient is to contact OR for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2018) 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, 2018, are set out at t tr z•//n;n anv/fimrlin9/Explore/FY18AnnropriationsRestrictions.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. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees ") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or otherperson has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a 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 mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869.4499 (phone) or (202) 616-988I (fax). Additional information is available from the DOJ OIG website at https:l/oigjustice.gov/lrotiine. oJP FORM 4000l2 (R Ev. a-ss> �G_ PROTECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 20I8-DI-BX-087b AWARD CONTINUATION SHEET Grans AWARD DATE 10/0112018 SPECI,4L CONDITIONS 24. Restrictions and certifcations regarding non -disclosure agreements and related matters PAGE 8 OF 24 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 ativard, 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 1. In accepting this award, the recipient-- aI represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or othenvise 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 learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise resfrict (orpurport 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 purportto 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 ttre federal agency snaking this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OIP FORit4 4000/2 (REV. 4-88) PROJECT NUMBER U.S. Department of justice Office of Justice Programs Bureau of Justice Assistance 20I8-DJ-HX-0876 AWARD CONTINUATION SHEET AWARD DATE SPL'CL4I. CONDITIONS Grant ID/01/2018 25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 26. 27 28. PAGE 9 OF 24 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 aiso 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 anse as to the a contact the DOJ awarding agency or OV W, as appropriate) for guidance. Encouragement ofpolicies to ban text messaging while driving to to Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2Q09), DOJ encourages recipients and snbrecipients ("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. 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 OR by email at OJP.ComplianceReporting cr 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: I. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. Cooperating with OR Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guide]ines, 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 OR 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 OR 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). OIP FORM 40D0(2 (REV. 4-88) PROJECT' NUMBER U.S. Department of justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01(20I8 SPECIAL CONDITIONS 29. FFATA reporting: Subativards and executive compensation PAGE 10 OF 24 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.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non -prof or she may own or operate in his or 30. Required monitoring of subawards The recipient must monitor subawards under this 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. 31. 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 expendihires both must be reported on the quarterly Federal Financial Report, SF 425. 32. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global justice Information Sharing Initiative (Global) guidelines. The recipient {and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gow gsp_grantcondmon. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 33. Avoidance of duplication of networks To avoid duplicating existing nehvorks or IT systems in any initiatives funded by BJA for la�v enforcement information sharing systems which involve interstate connectivity beriveen jurisdictions, such systems shall employ, to the extent possible, existing nehvorks 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. 34. 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 Inteltigence 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 of28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 1023 1 (c)-(d). The recipient may not satisfy such a fine with federal funds. oJP FoxNt a000/z (REv. a -as> PROJECT NI7MBER U.S, bepartnrent ofJustice Office of Justice Programs Bureau of Justice Assistance 2018-D7-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS 35. Protection ofhuman research subjects Grant 10/0112018 PAGE I1 OF 24 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. 36. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 37. 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. 38. Law enforcement task forces -required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with arvard funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (intemet-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 (w�vw.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil Iiberdes/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.ctlli.org). 39. 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. OJP FORM 4000/2 (REV. 4-88) �t PROJECT NUMBER U.S. Depa, men t of Justice Office of Justice Programs Bureau of Justice Assistance 2DI8-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Grant to/otnots 40. Submission of eligible records relevant to the National Instant Background Check System PAGE I2 OF 24 Consonant with federal statutes that pertain to firearms and background checks --including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and -- when appropriate -- promptly must update, correct, modity, or remove relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 41. Certification of Compliance with 8 U.S.C. 1173 and 1644 (within the funded "program or activity") required for valid award acceptance by a IocaI government In order order validly to accept this award, the applicant local govemment must submit the required "State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer of the local government). Unless that executed certification either-- (1) is submitted to OR 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 local government that purports to accept the award is invalid. If an initial award -acceptance submission by the recipient is invalid, once the local government does submit the necessary certifcation regarding 8 U.S.C. I373 and 1644, it may submit a fiilty-executed award document executed by the local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribe. OJP FORM 4000/2 (REV. 4-88) PROJECT NUMBER U.S. Department of justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 AWARD CONTINUATION SHEET ANARD DATE SPECItiL CONDITIONS Grant toiotnots PAGE 13 OF 24 42. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance I. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a "public" institution of In education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or educational institution that would receive the subaward, using the appropriate form available at https://ojp.gov/fundinglExplore/Samp]eCerffications-8USC1373blit Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive the 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 maybe obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of 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 institrtion ofhigher education or any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("AboIition ... and Transfer of Functions"), references to the "immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before oJP FORM 4aoor2 IREv, 4-88l �C ' PROJECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 award acceptance. AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Grant toot/zot8 PAGE t4 OF 24 43. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") tivith federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification 1. If the recipient is a "State," a Ioca1 government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded'program or activity) with federal law enforcement: 8 U.S.C. 1373 and I644 and ongoing compliance." 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 a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. Z. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any fier) 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 srrbrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any ob]igations 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 of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition. B. Both the "Rules of Construction' and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition are incorporated by reference as though set Forth here in full. OJP FORM 4000/2 (REV. 4-88) �4 PROJECT NUMBER U.S. Department 0f Tustice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIf1L CONDITIONS Grant (0/OI/2018 PAGE t5 OF 24 44. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). I. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient comp]iance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance Zvith this condition. 4. Rules of construction A. For purposes of this condition -- (I) the teen "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. (2) the term "federal law enforcement information" means Iaw enforcement sensitive information communicated or made available, by the federal govemment, to a State or local govemment entity, -agency, or -official, through any means, including, without limitation-- (I) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law enforcement sensitive information" means records or information compiled for any lacy enforcement purpose; and (1) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the fitnded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/Z (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2018-D)-BX-0876 AWARD DATE 10/01/2018 SPECIAL CONDITIONS PAGE L6 OF 2a 45. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part} by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations --including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person believed to bean alien as to his [or her] right to be or to remain in the United States." Z. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds maybe obligated for the reasonable, necessary, and allocable costs (if any} of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (1NA) (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 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that-- ) is designed to prevent or to significantly decay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Constrnction" and the "Important Note" set out in the "Noninterference (within the filnded program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. oJP FORM aoao/2 tREv. a-ss> PRO]ECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Grant loiouzols PAGE 17 OF 24 46. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. I. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award fimds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U:S.C. 10251(a)(7)). B. Nothing in this condition shalt be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. C. AppIicability (I) Ctrrrent DHS pracrice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, ifpossible)." (See DHS Fomr I-247A (3/17)). If (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 allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be OJI' FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of .justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2018-DI-BX-0876 AWARD DATE 10/01/2018 SPECIAL CONDI770NS PAGE 18 OP 24 detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 47. Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with regular document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. OJP FORM 9000/2 (REV. 9-88) U.S. Department of Tustice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECTNUMBER 2018-DJ-BX-0876 AWARD DATE 10/O1/2018 SPECIAL CONDITIONS 48. Compliance with National Environmental Policy Act and related statutes PAGE 19 OF 24 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 Rinds, 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 asset out below, whether or not they are being specifically funded with these award fonds. That is, as tong as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condit 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:tioja.gov/Funding/nepa.htmi, 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 fiends, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 49. Establislunent 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 In account. Recipients (and subrecipients} must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.P.R. 200305(b)(8)). The tnlst 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. OJP FORM �1000/2 (REV. 4-88) U.S. Department of justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECTNUMBER 2018-DJ-BX-0876 AWARD DATE 1010112018 SPECIAL COND17YONS 50. Prohibition on use of award funds for match under BVP program PAGE 20 OF 24 JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 51. 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 other than it be a mandatory wear policy for all uniformed officers while on duty. 52. Body armor -compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or mode], 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.govltopics/technology/body-armor/Pages/compliant-ballistic-annor,aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-initiative.aspx. 53. Body armor -impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 54. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi -anneal performance reports through OJP's GMS (hops:!/grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 20I0, 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 7AG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 55. Required data on lacy enforcement agency training Any law enforcement agency receiving direct orsub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that offccers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 56. Expenditures prohibited without waiver No funds ender this award maybe expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expendihrres essential to the maintenance ofpublic safety and good order. oJP roRM aooa2lREv. 4-sal PROJECT NUMBER U.S. Department ofJastice Office of Justice Programs Bureau of Justice Assistance 2018-D1-BX 0876 AWARD CONTINUATION SHEET Grant AWARD DATE 10/0112018 PAGE 2l OF 24 SPECIAL CONDITIONS 57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) alI applicable withholding conditions are removed by OJP (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.) to the extent (if any) that an ativard condition expressly precludes reimbursement ofproject costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and UJY removes eacn appucaore wunnolamg 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 orprior 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 m 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. SS. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award maybe 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. 59. Three percent set -aside for NIBRS compliance The recipient must ensure that at least 3 percent of the total amount of this aFvard is dedicated to achieving full compliance with the FBI's National Incident -Based Reporting System (NIBRS), unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set -aside, unless evidence of NIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156(d)(4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been submitted to and approved by BJA. OJP PORM 4000l2 (REV.4-88) �C U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECTidOMBER 20t8-DI-BX-0876 ANARDDATE t0(Ol/2018 SPECLIL CONDITIONS 60. Encouragement of submission of "success stories" PAGE 22 OF 24 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 littps:/ / 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. 61. Withholding of funds: Required certification from the chief executive of the applicant government Tfie 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. 62. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 63. Withholding of funds: Program narrative The recipient may not obligate, expend, or draw down any award hinds 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. 64. 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 attachments) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 65. Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 66. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 67. Withholding -DHS question attachment The recipient inay not obligate, expend or draw down funds until the Office of Justice Programs has received and approved the required application attachments) described in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OIP FORM 4000/2 (REV. A-88) PROJECT NUMBER U.S. Department ofJListice Office of Justice Programs Bureau of Justice Assistance 20[B-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Grant to/o[/2o[s PAGE 23 OF 24 68. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient mList 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, "FAMIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civi 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/fanding/FAPJJS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 69. 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. 70. Withholding of funds: Subrecipient monitoring policies The recipient's response to the Subrecipient Management and Monitoring questions) 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 Linder 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. 71. The recipient agrees promptly to provide, upon request, financial or programmatic -related documentation related to thIs award, including documentation of expenditures and achievements. 72. The recipient understands that it will be subject to additional financial and programmatic on -site monitoring, which inay be on short notice, and agrees that it will cooperate with any such monitoring. OJP FORM 4000/2 (REV. 4-88) PROJECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 20I8-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Grant io/ovaots PAGE 24 OF 24 73. WithhoIding of funds: Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down any ativard funds until-- (1) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (FPOC8) for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2016, and (2) OJP issues a Grant Adjustment Notice (GAN) to modify or remove this condition. Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of a GAIN to remove this condition. A list of the OJP trainings that OJP will consider an "OR financial management and grant administration training" for purposes of this condition is available at https:/fojp.gowtraining/frnts.htm. Atl frainings that satisfy this condition include a session on grant fraud prevention and detection. 74. Withholding of funds: Disclosure of pending applications The recipient may not obligate, expend, or draw down any award fends 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 OR 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. OJP FORhf 4000/2 (REV. 4-88} �e . City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/13/2018 -Ordinance 23475-11-2018 DATE: Tuesday, November 13, 2018 REFERENCE NO.: C-28934 LOG NAME: 35JAGFYI8 SUBJECT: Authorize Acceptance of a Grant from the Edward Byrne Memorial Justice Assistance Grant Fiscal Year 2018-2019 Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance in the Amount of $500,519.00, Authorize Execution of a Grant Agreement with the United States Department of Justice and Related Memoranda of Understanding with Tarrant County and the Cities of Arlington and Bedford and Adopt Appropriate Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of a grant from the Edward Byrne Memorial Justice Assistance Grant Fiscal Year 2018 Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance in the amount of $500,519.00; 2. Authorize the execution of a Grant Agreement with the United States Department of Justice and related Memoranda of Understanding with Tarrant County and the Cities of Arlington and Bedford to designate the City of Fort Worth as the cognizant fiscal agency for the purpose of administrating this grant and determining the manner in which the grant money will be disbursed and utilized; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount of $500,519.00 subject to receipt of the grant. DISCUSSION: The City of Fort Worth will apply for a grant from the Edward Byrne Memorial Justice Assistance Grant (JAG) Fiscal Year 2018 Program, which has been established by the United States Department of Justice to allow local governments to support a broad range of activities aimed at preventing crime and improving the criminal justice system. The City of Fort Worth applied for the grant in conjunction with the Cities of Arlington and Bedford and with Tarrant County. Pursuant to the application terms, the City of Fort Worth is required to negotiate with the other jurisdictions to develop a program budget and strategy. The jurisdictions agreed to funding distribution amounts and that the City of Fort Worth should serve as the cognizant agency for the Fiscal Year 2018 Program. The cities and county included in the application have worked collaboratively under JAG programs since 2005. A total amount of S500,519.00 is available to be shared among the jurisdictions listed below and will be distributed in the following manner: Jurisdictions Purpose Area Amount Fort Worth Personnel Software $252,948.00 Arlington Police Equipment $1133127.00 Bedford Police Equipment $95314000 Tarrant County Mental Health Liaison $125,130.00 No matching funds are required. The City of Fort Worth is responsible for submitting the full grant application and will, upon receipt of the grant funds, distribute the agreed upon funding amounts to the other jurisdictions on a reimbursable basis. In the JAG Program application, the City of Fort Worth requested the amount of $252,948.00 for an automated personnel management platform. The Fiscal Year 2016 and 2017 JAG Program M&C's were M&C C-27965 & M&C C-28525. Initially the FY16 funds were planning to be used for in car video equipment and the FY17 funds were planning to be used for equipment and training for the Fort Worth Crime Lab. The Fort Worth Police Department has now changed their view on how to best utilize those funds. Therefore, the City is submitting new documentation to the DOJ describing the City's proposed use for the FY16 and FY17 funds from the JAG Program grant. For FY16, the City now plans on using those funds for training and equipment for the Crime Lab and for FY17, the City is now planning on using those funds for the same automated personnel management platform that the funds for FYI will be used for. No council approval is necessary for this change since the amounts for the grants are not changing and the City is submitting the required documentation to the DOJ to change the use of those funds. This program will serve ALL COUNCIL DISTRICTS. Indirect costs are not eligible expenses for this grant. This contract will be with a governmental entity, state agency or public institution of higher education: United States Department of Justice. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. The Police Department is responsible for the collection and deposit of funds due to the City. If awarded, the City will be paid on a reimbursement basis. FUND IDENTIFIERS (FIDs): TO Department Account Project Program Activity Budget Reference ifAmountFund ID ID year (Chartfield 2) FROM Department Project Budget Reference # Fund ID Account ID Program Activity year (Chartfield 2) Amount CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Keith Morris (4243) ATTACHMENTS 1. 35JAGFYI8 21003 A019.docx (Public)