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HomeMy WebLinkAboutContract 52324CITY SECRETARY CQNTRACT No. 5 9 5 d �} Memorandum of Understanding Between the City of Fort Worth, TX and the City of Bedford, TX FY 2018 Justice Assistance Grant 1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort Worth, Texas ("Recipient") and the City of Bedford, Texas ("Subrecipient, 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice ("DOJ"), Bureau of Justice Assistance, Fiscal Year 2018 Edward Byrne Memorial Justice Assistance Grant (Grant). 3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the parties in order to facilitate effective implementation of the Grant, in compliance with the DOJ Program requirements. A portion of grant funds awarded under the Grant has been allocated to secure grant funding for the Tarrant County Mental Health Law Liaison Program, as outlined in the Grant agreement titled "Memorandum of Understanding Between the Cities of Fort Worth, Arlington, Bedford, and County of Tarrant, Texas." In addition to those grant funds, once awarded, grant funds in the amount of $9,314.00 shall provide funding for a Community Patrol Cart for special events and other activities with large crowds for the Patrol Division of the Bedford Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated by reference as part of this MOU. 4. RESPONSIBILITIES: A. Recipient: 1) The Recipient is the cognizant fiscal agency of the Grant Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the Grant. 2) After the Grant is awarded, the Recipient shall facilitate and manage the Grant throughout its lifecycle, as required by the Grant award contract. 3) The Fort Worth Police Department —Financial Management Division -- Grants and Program Management Unit (Unit) will oversee the administration, procurement, and reporting for the Subrecipients' grant -funded activities. The Unit shall review, approve, and/or request approval from DOJ for any written requests by Subrecipient to modify the terms of Exhibit A. � 4) The Recipient shall reimburse the Subrecipient an amount not to exceed $9,314.00 '' ���d from available grant funds for approved services and expenses rendered in accordance %0`'P�a with the terms of this MOU upon receipt of a proper and verified invoice with the satisfactory program accompanying documentation of services provided. The a' oF��cQ�P reimbursement made to the Subrecipient shall not exceed actual costs incurred to provide the services under this MOU. Actual costs, both direct and indirect must be OFFIdAL RECORD CITY SECRETARY MOU between the City of Fort Worth, TX F (� R'� Ho TXand the City of Bedford, TX — Fiscal Year 2018 Edward Byrne JAG age 1'o reasonable and allowable as those terms are defined and explained in the Office of Management and Budget, as codified under 2 CFR Chapter I, Chapter Il, Part 200. �. Subrecipient: 1) Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the Grant. This collaboration is to last throughout the life of the grant. 2) Meet all statutory, administrative, and other included requirements pertaining to administration, procurement, and reporting required under the Grant. Requirements to be met include those found in (1) the Office of Management and Budget circulars, (2) the Office of Justice Programs Financial Guidelines, (3) the Grant Assurances, (4) Exhibit A to this MOU, entitled "FY 2018 JAG Budget Narrative", which is incorporated by reference as part of this MOU, and (5) "Exhibit B" to the MOU, entitled "Award Document" which is incorporated by reference as part of this MOU. 3) Maintain full documentation supporting fulfillment of the requirements set forth above. All such documentation shall be furnished to Recipient upon request if necessary for Recipient to fulfill its obligations under the Grant. If this documentation is not maintained and furnished to Recipient on request, Recipient may exercise all remedies available under this MOU, including the right to withhold payment to Subrecipient or terminate this MOU as described herein. 4) Submit a monthly "Performance Report" to the Recipient, regardless of level of activity. In addition, the Subrecipient shall submit program updates and other reports requested by the Recipient and DOJ in the appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods records and other programmatic or financial records, books, reports, and supporting documents for review by the Recipient, DOJ, or their authorized representatives. Performance Reports are due to the Recipient no later than the 15th calendar day of the following month. The monthly Performance Report must contain the following information: a) A detailed list of all projects or activities for which the Grant funds were expended or obligated during the previous month, including— (1) The name of project or activity; (2) A description of project or activity; and (3) An evaluation of the completion status of the project or activity. 5) Submit monthly Request for Reimbursement (RFR) forms and Vendor Report forms with an original signature by an authorized representative to Grants and Program Management Unit, Fort Worth Police Department, 505 W. Felix Street, Fort Worth, TX 76115 no later than the 151h calendar day of the month following expenditures. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and Performance Report from the Subrecipient. Reimbursements shall be made within 30 days of receipt of said documents. The monthly RFRs and Vendor Report forms must contain the following information: MOU between the City of Fort Worth, TX and the City of Bedford, TX —Fiscal Year 2018 Edward B}nne JAG Page 2 of 8 a. The amount of Grant funds that were expended to projects or activities during the previous months and b. The amount of Grant funds that were obligated during the previous month. 6) Submit any and all proposed changes to the attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with attached budget shall be made by Subrecipient prior to receiving written approval from Recipient. Failure to obtain pre -approval for deviations from the budget may result in a denial of reimbursement. 7) Maintain financial, programmatic, and supporting documents, statistical records, and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. Such records shall be available to Recipient for investigation, examination and audits as necessary. If any litigation, claim, or audit involving these records begins before the fifth (5) year period expires, the Recipient will notify the Subrecipient of such litigation, claim or audit, and Subrecipient will be responsible for maintaining the records and documents for not less than three (3) years after the final conclusion of all litigation, claims, or audits. Litigation is considered resolved when a final order is issued, or a written agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are considered concluded upon the closure of the audit covering the entire award period. 5. PERFORMANCE. Recipient will monitor and evaluate Subrecipient's performance using the goals and performance standards required in this MOU. Substandard performance as determined by Recipient, including noncompliance with any applicable regulation, will constitute noncompliance with this MOU. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified in writing by Recipient, procedures to suspend or terminate the MOU will be initiated. 6. COMPENSATION. Payment by Recipient to Subrecipient shall require completion of all Recipient forms and copies of adequate supporting documentation verifying eligibility of expenses. Subrecipient will not commingle grant funds with any other funds in any manner that would prevent Recipient from readily identifying expenditures for the Grant. 7. SUBRECIPIENT MONITORING AND MANAGEMENT. A. Pursuant to 2 C.F.R. Section 200.331 (Requirements for Pass Through Entities), the following information is applicable to Subrecipient's Grant Award: (1) Federal Award Identification — 2018-DJ-BX-0876 (2) Subrecipient's Name —City of Bedford (3) Subrecipient's unique entity identifier — 069-019438 MOU between the City of Fort Worth, TX and the City of Bedford, TX —Fiscal Year 2018 Edward Byrne JAG Page 3 of 8 (4) Federal Award Identification Number (FAIN) — 2018-DJ-BX-08 76 (5) Federal Award Date — 10/0 1/2018 (6) Subaward Period of Performance Start and End Date 10/01/2017 — 09/30/2021 (7) Amount of Federal Funds obligated by this action - $500,519.00 (8) Total Amount of Federal Funds obligated to the Subrecipient - $%314.00 (9) Federal award project description - FYI Justice Assistance Grant Collaboration with Fort Worth, Tarrant County, Arlington, and Bedford. (10) Name of Federal Awarding Agency, Pass -Through Entity — Department of Justice passed through the City of Fort Worth (11) CFDA Number and Name — 16.738 Edward Byrne Memorial Justice Assistance Program (12) Identification of whether the award is R&D - This award is not being utilized for research or development. (13) Indirect cost rate for the Federal award -The Subrecipient did not request reimbursement for indirect costs. 8. CEItTIFICATI0I�1S. A. Subrecipient hereby assures and certifies that: 1. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victim of Crime Act (42 U.S.C. § 1064(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 701); the Americans with Disabilities Act of 1990 (42 U.S.C. § 1231-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 168546); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). 2. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 3. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the Subrecipient shall complete and submit Standard Form — LL, "Disclosure of Lobbying Activities," in accordance with its instructions. 4. If any funds have been paid or will be paid to purchase law enforcement equipment, the Subrecipient shall comply with Executive Order 13688 ("Federal Support for Local Law MOU between the City of Fort Worth, TX and the City of Bedford, TX —Fiscal Year 2018 Edward Byrne JAG Page 4 of 8 Enforcement Equipment Acquisition"). The term "law enforcement equipment" includes, but is not limited to administrative equipment such as office furniture and computers. It also includes military and military -styled equipment, firearnis, tactical vehicles, including property covered under 22 C.F.R. 121 and 15 C.F.R. Part 774. A. Recipient The primary point of contact for Recipient is the Grant Specialist, Grants and Program Management Unit, email address: FWPD-Grants-Programs@fortworthtexas.gov. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Grant Specialist, Grant and Program Management Unit. Performance reports should be submitted by the Project Directors of the aforementioned FY 2018 Byrne Justice Assistance Grant programs in writing to Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Grant Specialist, Grant and Program Management Unit, B. Subrecipient The primary point of contact for Subrecipient is Brandi West, Grant Administrator for the City A Bedford, Texas, telephone number: (817) 952-2107 email address: Brandi.West@bedfordtx.gov, mailing address: 2000 Forest Ridge Dr., Bedford, Texas, 76021. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. 10. ENTIRETY OF UNDERSTANDING. This MOU, including Exhibits A and B and any documents incorporated specifically herein by reference, constitutes the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. 11. IMMUNITY. The Parties and their respective governing bodies do not waive their sovereign immunity by entering into this MOU, and each fully retains all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU. 12. INDEPENDENT CONTRACTOR. The parties to this MOU do not intend to enter into a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. Recipient shall operate hereunder as an independent contractor and not as an officer, MOU between the City of Fort Worth, TX and the City of Bedford, TX —Fiscal Year 2018 Edward Byrne JAG Page 5 of 8 agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 13. OTIIER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the Recipient or Subrecipient. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. Subrecipient agrees that Recipient or its representatives shall, until the expiration of five (5) years after the grant period, have access to and the right to examine any directly pertinent books, documents, papers and have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Recipient shall give Subrecipient reasonable advance notice of intended audits. 14. TERM. This MOU will become effective on the date it is executed by both parties ("Effective Date") and will remain in effect until the later of (1) expiration of the grant period or (2) submission of the final report regarding the Grant to the DOJ. 15. MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of the terms of this MOU shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 16. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively determined to have been delivered when (1)hand-delivered to the other party, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: For the City of fort Worth: Grant Specialist Grant and Program Management Unit City of Fort Worth Police Department 505 West Felix Street Fort Worth, TX 76115 ity 17. TERMINATION. It is expressly understood and agreed by and between the parties that this MOU is wholly conditioned upon the actual receipt by Recipient of the Grant; that all monies distributed to Subrecipient hereunder shall be exclusively from Federal funds received under MOU between the City of Fort Worth, TX and the City of Bedford, TX —Fiscal Year 20l 8 Edward Byrne JAG said grant and not from any other monies of Recipient; and that if such funds are not timely forthcoming, in whole or in part, Recipient may, at its sole discretion, terminate with MOU and Recipient shall not be liable forpayment for any work or services performed by Subrecipient under or in connection with this MOU. Either party may terminate this MOU at any time, by providing the other party with sixty (Ou) days' written notice of termination. Recipient may terminate this MOU whenever such termination is determined to by in Recipient's best interest, in event of Subrecipient default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. Termination will be effected by written notice to Subrecipient, specifying the portions of the MOU affected and the effective date of termination. Subrecipient shall be reimbursed for valid, A ligible expenditures made prior to termination. Recipient will have no responsibility or liability for Subrecipient's expenditures or actions occurring after the effective date of termination. 1�. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOU. [The remainder of this page was intentionally left blank.] MOU between the City of Fort Worth, TX and the City of Bedford, TX —Fiscal Year 2018 Edward Byrne JAG Page 7 of 8 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Jesus Chapa Assistant City Manager �q Date: ���� "' / AL RECOMMENDED: By: Joel F. �tzgera �j Chief of Police APPROVED AS TO FORM AND LEGALITY: By: The Assistant City Attorney Contract Authorization: M&C: � p2 � � t� Date Approved: � ( 13 to f ATT S�I';- By: r J. T�ayse Secretary 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. 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Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non -Federal funds that will support the project. Budget Categoiy Federal Request Non -Federal Amounts Total A. Personnel $0 $0 $0 B. Fringe Benefits $0 $0 $0 C. Travel $0 $0 $0 D. Equipment $9,314 $0 $9,314 E. Supplies $0 $0 $0 F. Construction $0 $0 $0 G. Consultants/Contracts $0 $0 $0 H. Other $0 $0 $0 Total Direct Costs $%314 $0 $9,31 I. Indirect Costs $0 $0 $0 TOTAL PROJECT COSTS $93314 $0 $%314 Federal Request $9,314 Non -Federal Amount $0 Total Project Cost $%314 Public Reporting Burden Paperwork Reduction Act Notice: Under the Papeitivork Redaiction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control member. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete andfile this application is four (4) hours per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write the Office of Justice Programs, Office of the Chief Financial Officer, 810 Seventh Street, NW, Washington, DC 20531; and to the Public Use Reports Project, 1121-0188, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. MOU between the City of Fort Worth, TX City of Fort Worth MOU between the City of Fort Worth, TX and the City of Bedford, TX —Fiscal Year 2018 Edward Byrne JAG -Exhibit B U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance City ofFort Worth 505 West Felix Street Fort Worth, TX 76115 2a. GRANTEE IRS/VENDOR N0. 756000528 2b. GRANTEE DUNS NO. 3. PROJECT TITLE Local Law Enforcement Block Grant (I.LEBG) �I1 Y S M R iMY CONTRACT NO. PAGE 1 OF 24 Grant 5. PROJECTPERIOD: FROM ]0/01/2017 TO 09/30/ZD21 BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2021 6. AWARD DATE 10/01/2018 7. ACTION 8. SUPPLEMENT NUMBER Initial 00 9. PREVIOUS AIVARD AMOUNT $ 0 10. AMOUNT OF THIS AWARD $ 500,519 l 1. TOTAL AWARD $ 500,519 THEABOVE GRANT PROJECT IS APPROVED SUBIfiCT TO SUCH CONDITIONS ORL[MITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FYI8(BJA-JAG State &JAG Local) Title I ofPub. L. No. 90-351 (generally codified at34 U.S.C. 10101-10726), including subpart I ofpart E (codified at 34 U.S.C.10151-10158); see also 28 U.S.C. 530C(a) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byme Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS — AGENCYAPPROVAL — 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Malt Dummermutb Principal Deputy Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Jesus Chopa Assistant City Manager 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFIC[AL AGENCY USE ONLY - 20. ACCOUNTING CLASSIFICATION CODES 21. TDJUGTI228 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG, SUB, POMS AMOUNT X B D] 80 00 00 500519 OIP FORM 40002 (REV. 5-87) PREVIOUS ED1T[ONS ARE OBSOLETE. u ,_, !4 I 515! ��^�,Q JAM 4000/2 (REV. 4-88)Afte c►N o� �anT wa��► c ovsEcn�r MaryJ. M&(3 I9A. DATE PROJECT N[JMHER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-HX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Grant t0/01/20t8 1. Requirements of the 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 sribmitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 162I, 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 DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to ON awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/ftmding/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. 200.3334 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 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 AWARD DATE SPECIAL CONDITIONS Compliance with DOJ Grants Financial Guide Grant 10/0I/2018 PAGE 3 OF 24 References to the DOJ Grants Financia[ 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.biTn), including any updated version that maybe posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified-toanew-T'itle34rentitled_'Crime-Control.and-La4,LEnforeement-L--Lheseclassmuation-encompassed a_ n 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 must have successfully " completed an "OJP financial management and grant administration trainingby 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 I20 calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2016, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https:!/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 OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable ]aw to nse the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(11), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The Me minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. oJP PORM a000l2 tREv. a-ss) PROJECT NUMBER 7. 9. 10. U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 AWARD C%-Ylll ATIQN SHEET AWARD DATE SPECIeIL CONDITIONS Requirement to report potentially duplicative funding Grant toiai2ots PAGE a or• za If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which fiends 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:/hvww.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 subativards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System For Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Requirement to report actual or imminent breach of personally identifiable information (PIl) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an achial or imminent "breach" (OMB M-17-I2) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of P1I to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgranteeany 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" ,an therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/:Funding!Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. oJP roRM aaooiz 1REv. a -as) PROJECT ]QtJtviBER U.S. Aepartment of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPBCIr1L CONDITIONS Grant 10/01/2018 PAGE 5 OF 24 11. Specific post ativard approval required to use a noncompetitive approach in any procurement contract that �voutd exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https:/Iojp.gov/funding!Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 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 hops://ojp.govlfunding/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 roles regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with aIt applicable Ia1vs, 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 ender this award. The data mast 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 Govermnent Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. I5. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee"} at any Fier --develops or delivers with OJP award fonds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at httpsa/ojp.govlfunding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. OJP FORM 40DOYl {REV. 4-88) PROJECT NUMBER 16. 17 18. 19. 20. U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Effect of failure to address audit issues Grant 10/O V2018 PAGE 6 OF 24 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements (OJP or OV W, as appropriate) during the period of perfom�ance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 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." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://tvGvw.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. OIP FORM 4000/2 (REV. 4-88) �L . PROJECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-0876 21. Restrictions on "lobbying" AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Grant l0/01/20I8 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, extendin or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall tivithin the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 22. 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 i m gWr,in onv/fimdina/Exulore/FYl8AppropriationsRestrictions.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. 23. 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 other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds render this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at htips://oigjustice.gov/Hotline. oJP FORM 4000n IREv. 4-sa) PROJECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 20I8-DI-BX-087b AWARD CONTINUATION SHEET Grant AWARD DATE ]0/01/2018 SPECIAL 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 contdentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 3 t2 (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 -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b, certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict}, reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, and, 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 noticed that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict}, reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption ot) such obligations only if expressly authorized to do so by that agency. 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 SPECLJL CONDITIONS Grant loiol�zms 25. Compliance tivith 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 Suitt, 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, title, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question anse as to the a contact the DOJ ativarding agency or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving to Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. S I225 (October 11 2009)3 D07 encourages recipients and snbreeipients ("sttbgrantees") 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 D07 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@ojp.usdoi.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. Cooperafing with OR Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OR 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). OJP FORM 4000t2 (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 AWARD DATE SPE'CIAI, CONDITIONS 29. FFATA reporting: Subawards and executive compensafion �Z1a 31 32, 33. 34. Grant toioti2ots PAGE l0 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/fanding/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 -pro: or she may own or operate in Ills or Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DU J 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. 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 Requiretents. Program income earnings and expendihtres both must be reported on the quarterly Federal Financial Report, SF 425. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Tusrice Information Sharing Initiarive (Global) grtidelines. 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_grantcondition. 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 recormnended. 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 shatl employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, anless 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. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. O1P FORM 4000l2 (REV. 4-88) PROJECT TiUMBER U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance 2018-DI-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS 35. Protection ofhuman research subjects Grant 10/Ol/2018 PAGE I1 OP 24 The recipient (and any subrecipient at any tier) must comply tivith 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. Confidentiatiry 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 award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (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 (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org), 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. OIP FORM 4000/2 (REV. 4-88) PROJECT NUMBER U.S. Deparhnent of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-HR-0876 AWARD CONTINUATION SHEET AWARD DATE SPECL4L CONDITIONS Grant 10/01/2018 40. Submission of eligible records relevant to the National Instant Background Check System PAGE 12 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 Iaw) 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, modlty, or remove relevant "eligible records". In the event of minor and transitorpnnn-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. 4I. Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid award acceptance by a local govemment In order validly to accept this award, the applicant local government must submit the required "State or Local Government: FY 2018 Certification of Compliance lvith 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 OF 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 certification regarding 8 U.S.C, 1373 and 1644, it may submit a fillly-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 20t8-DJ-BX-0876 AWARD CONTINUATION SHEET Grant AWARD DATE SPECIfIL CONDITIONS 10/01l2018 PAGE I3 OF 24 42. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity" fiinded in whole or part under this ativard (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. Certi£cations from subrecipients. The recipient may not make a subaward to a State, a local government, or a "public" institution ofhigher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or educational institution that would receive the subaward, using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications.8USC1373.litm. 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 tiie 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 "Iocal government" include any agency or other entity thereof, but not any instihition 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 Iocal 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 tinder title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration stattis" 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 I IOI, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition .., and Transfer of 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 laiv, including airy 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 4aoo/2 (REV, a-sa) 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 tolotnots PAGE l4 OF 24 43. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if; at the time of the obligation, the "program or activity" of the recipient or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award 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 1644 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. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by D07 to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring 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 Constriction" 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 4000lZ (REV. 4-88) �C PROJECT DIUMBER U.S. Department of7ustice Office of Justice Programs Bureau of Justice Assistance 2018-DI-BX 0876 AWARD CONTINUATION SHEET AWARD DATE SPECIfIL CONDITIONS Grant lolollzols PAGE IS 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 rvith respect fo the "program or activity" that is funded (in Fvhole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law 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 m made of any federal law enforcement information in a director indirect attempt to conceal, harbor, or shield frodetection 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 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. AIlowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2} the term "federal Iaw enforcement information" means law enforcement sensitive information communicated or made available, by the federal govemment, to a State or local government 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 law enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the fimded '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 FORIv14000l2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2018-DJ-BX-0876 A\VARD DATE 10/Ol/2018 SPECLIL CONDITIONS PAGE l6 OF 24 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). I. 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 bean 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 be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of 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 (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)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that -- a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 9-88) 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 to/ouzols 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 actvity" 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 most be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal Iativ enforcement statutes -- including 8 U.S.C. 1011 (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 tivith 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 shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at Least 48 hours, if possible)." (See DHS Fornr 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 atlow 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 O]P FORM 4000/2 (REV. 4-88) PROJECT NUMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 20t8-DI-BX-0876 AWARD CONTTNUATTON SHEET AWARD DATE SPECIAL CONDITIONS Grant 10/01/2018 PrtOE 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 I644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 47. Requirement to collect certain infonnation 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 4000/2 (REV, 4-88) U.S. Department of justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant YROJECTNUMBER 20t8-DJ-BX-0876 ANARDDATE 10/01/2018 SPECL4L 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 funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities asset out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this conditi 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 S#atement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine Iaboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BM of a national orprogram environmental assessment of that funded program or activity. 49. Establishment of trust fund If award funds are being drativn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund accouat. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The tnist 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 imobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 400D/2 (REV. 4-88) PROJECT N[JMBER U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 2018-DJ-BX-{1876 AWARD CONTINUATION SHEET Grant ANARDDATE f0/01/20I8 SPECI�IL COND1710NS 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 armorpurchased 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 model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/teclmology[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 NU standard information can be found here: https:/ / nlj.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 far 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-annual performance reports through OJP's GMS (https:!/grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 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 JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 55. Required data on law enforcement agency training Any law enforcement agency receiving direct orsub-awarded funding from this JAG ativard must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escaIation of conflict, and constructive engagement Fvith the public. 56. Expenditures prohibited without waiver No funds ender this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expendihmres essential to the maintenance ofpublic safety and good order. OJP FORM 4000l2 (REV. 4-88) PROJECT NUMBE[t 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 10/07/2DI8 PAGE 21 OF 24 57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 20I7 The recipient may obligate (federal) a5vard funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by 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 finds until the condition is removed.) to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of ttus awaro ann uJr removes eacn appncaore wunnoiumg 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" one or local funds in violation of the recipient's certification (executed by the chief executive of the State or kcal government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 58. Use of funds for DNA testing; upload of DNA profiles If award funds are used For DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the 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 award is dedicated to achieving full compliance with the FBI`s National Incident -Based Reporting System (NIBRS), unless the FBI or appropriate State official has certified that the recipient locality is already NB3RS 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 ofNIBRS 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 ofNIBRS compliance has been submitted to and approved by BJA. OJP FORM 4000/2 (REV.4-88) �C PROJECT NUMBER U.S. Deparhnent of Justice Office of Justice Programs Bureau of Justice Assistance 20t8-DJ-BX-0876 AWARD CONTINUATION SHEET AWARD DATE SPECL4L CONDITIONS 60. Encouragement of submission of "success stories" Grant to/ot/zots 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 https:/ / 1,vWw.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 Applicant Govemment," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 62. Withholding of funds: Budget naaative 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 frrnds 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 attactunent The recipient may not obligate, expend or draw dotivn funds until the Office of Tustice Programs has received and approved the required application attachnrent(s) described in the progratn 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 400012 (I2EV. 4-88) PROJECT NUMBER U.S. Department of7ustice Office of Justice Programs Bureau of Justice Assistance 20I8-DJ-BX-0876 AWARD CONTINUATION SHEET AIVARD DATE SPECIAL CONDITIONS Grant to/otr�ots 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 mast comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain 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/funding/FAPIIS.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) oFthe 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 (forpurposes of federal grants administrative requirements) that no subawards are anticipated tinder 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 may be on short notice, and agrees that it will cooperate with any such monitoring. OJP FORM 40D0/2 (REV. 9-88) Vic, CJ.S. bepartment of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance I SHEET PAGE 24 OF 24 Grant PROJECT NUMBER 2018-DJ-BX-0876 A�VARDDATE 10/01/2018 SPECIAL CONDITIONS 73. Withholding of funds: Completion of "OJF financial management and grant administration training" required The recipient may not obligate, expend, or draw down any award funds until-- (1) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (FPOCS) for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2016, and (2) OR 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 GAN to remove this condition. A list of the OR trainings that OR will consider an "OJP financial management and grant administration training" for purposes of this condition is available at https://ojp.gov/training/fints.htm. All trainings 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 funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OR has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued to remove this condition. OJP FORM 4000/2 (REV. 4-88) DATE: Tuesday, November 13, 2018 LOG NAME: 35JAGFY18 REFERENCE NO.: C-28934 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 $500,519.00 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 Logname: 35JAGFYI8 Page 1 of 3 ington Police Equipment $113,127.00 (Bedford .Police Equipment �$9 314.00 arrant County liviental Health Liaison 1$125,130.00 No matching funds are required. The City of Fort Worth is responsible for submitting the fu(I grant application and will, upon receipt of the grant funds, distribute the agreed upon funding amounts to the otherjurisdictions 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 FYI funds were planning to be used for in car video equipment and the FYI 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 FYI and FYI funds from the JAG Program grant. For FYI 6, the City now plans on using those funds for training and equipment for the Crime Lab and for FYI 7, 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 wifih 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 Fund Department ccoun Project Program ctivity Budget Reference # moun 1D ID Year {Chartfield 2) FROM Deparfiment ID Accoun Project ID Program ctivity Budget Year Reference # Chartfield 2 moun Fund CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head. Additional Information Contact: ATTACHMENTS Jay Chapa (5804) Joel Fitzgerald (4231) Keith Morris (4243) Logname: 35JAGFYI8 Page 2 of 3 35JAGFY18 21003 AO19.docx (Public) Log�zame: 35JAGFYI8 Page 3 of 3