HomeMy WebLinkAboutContract 54686 CSC No. 54686
Department of Justice(DOJ)
I
Office of Justice Programs
PAGE 1 OF 32
Bureau of Justice Assistance Grant
1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2020-DJ-BX-0259
City of Fort Worth
200 Texas Street 5.PROJECT PERIOD:FROM 10/0Ii2019 TO 09i30/2023
Fort Worth.TX 76102-6314
BUDGET PERIOD:FROM 10101,2019 TO 09,30/2023
6.AWARD DATE 09 19/2020 7.ACTION
2a.GRANTEE IRS/\'EXDOR NO. S.SUPPLEMENT NUMBER initial
756000528 00
2b.GRANTEE DUNS NO.
073170458 9.PREVIOUS AWARD AMOUNT $0
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $443,291
Local Law Enforcement Crime Laboratory Operations
11.TOTAL AWARD $443,791
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This ptojcct is supported undcrFY20(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.1 01 01-1 0726),including
subpart 1 of part E(codified at 34 U.S.C.10151-10158);sec also 28 U.S.C.530Qa)
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.738-Edward Byrne Memorial Justice Assistance Grant Program
15.METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Katharine T.Sullivan Jesus Cltapa
Principal Deputy Assistant Aaorncy General Deputy City Manager
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECTPIENT OFFICIAL 19A.DATE
s J.Chapa(Sep 02011:11 CDT
.AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. VDJ-UGT2980
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 443291
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Department of Justice(DOJ)
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Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
1. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award.Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Limited Exceptions.In certain special circumstances,the U.S.Department of Justice("DOP)may determine that it will
not enforce,or enforce only in part,one or more requirements otherwise applicable to the award.Any such exceptions
regarding enforcement,including any such exceptions made during the period of performance,are(or will be during
the period of performance)set out through the Office of Justice Programs("OJP")webpage entitled"Legal Notices:
Special circumstances as to particular award conditions"(ojp.gov/ftmding/Explore/LegalNotices-AwardRegts.htm),and
incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient,the authorized recipient official accepts all material
requirements of the award,and specifically adopts,as if personally executed by the authorized recipient official,all
assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements--whether a condition set out in full below,a condition
incorporated by reference below,or an assurance or certification related to conduct during the award period--may
result in 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.DOJ,including OJP,also may take other legal
action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C.10271-10273),and also may lead to imposition of civil penalties and administrative remedies for talse
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.
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SPECIAL CONDITIONS
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
2020 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2020 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 2014),fire 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 2020 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at littps://ojp.gov/funding/Part200UniforniRequircnients.litm.
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.200333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at littps://ojp.gov/tinancia[guide/DOJ/indcx.htm),including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification ofvarious statutory provisions to a new Title 34 ofthe United States Code
On September 1,20t7,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified(that is;moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The
reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and
cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34.This rule of construction specifically includes references set out in award conditions,references set out in
material incorporated by reference through award conditions,and references set out in other award requirements.
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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(FPOC-)for this award must have successfully
completed an"OJP financial management and grant administration training"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2018,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2018,will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://www.ojp.gov/training/fmts.litm. 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 finds 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 law to use the"de minimis"
indirect cost rate described in 2 C.F.R.200.414(t),and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
7. Requirement to report potentially duplicative finding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this aNvard. if so,the recipient must promptly notify the DOJ
awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
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8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https://www.sarn.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to fast-ticr subreeipicnts
(first-tier"subgrainees"),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 ON 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).
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SPECIAL CONDITIONS
9. Employment eligibility verification for hiring under the award
1.The recipient(and any subrecipient at any tier)must--
A.Ensure that,as part of the hiring process for any position within the United States that is or will be funded(in whole
or in part)with award funds,the recipient(or any subrecipient)properly verities the employment eligibility of the
individual who is being hired,consistent with the provisions of 8 U.S.C. 1324a(a)(1)and(2).
B.Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under
this award of both--
(1)this award requirement for verification of employment eligibility,and
(2)the associated provisions in 8 U.S.C. 1324a(a)(1)and(2)that,generally speaking,make it unlawful,in the United
States,to hire(or recruit for employment)certain aliens.
C.Provide training(to the extent necessary)to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1)and(2).
D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain
records ofall employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements,as well as records of all pertinent notifications and trainings.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition.
4.Rules of construction
A.Staffinvolved in the hiring process
For purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes
(without limitation)any and all recipient(or any subrecipient)officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded(in whole or in part)with award funds.
B.Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the
recipient(or any subrecipient)may choose to participate in,and use,E-Verify(www.c-verify.gov),provided an
appropriate person authorized to act on behalf of the recipient(or subrecipient)uses E-Verify(and follows the proper
E-Verity procedures,including in the event of a"Tentative Noncontirmation"or a"Final Nonconfirmation")to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or
in part)with award funds.
C."United States"specifically includes the District of Columbia,Puerto Rico,Guam,the Virgin Islands of the United
States,and the Commonwealth of the Northern Mariana Islands.
D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
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any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law.
E.Nothing in this condition,including in paragraph 4.13.,shall be understood to relieve any recipient,any subrecipient
at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 8 U.S.C. 1324a(a)(1)
and(2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website(https://www.e-verify.gov/)or email E-Verity at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent(ddhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance.
10. Requirement to report actual or imminent breach of personally identifiable information(PII)
The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an
actual or imminent"breach"(OMB M-17-12)if it(or a subrecipient)--(1)creates,collects,uses,processes,stores,
maintains,disseminates,discloses,or disposes of"personally identifiable information(PIT)"(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
PII to an OJP Program Manager no later than 24 hours after an occrnrence of an actual breach,or the detection of an
imminent breach.
11. All subawards("sub.-rants")must have specific federal authorization
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
littps://ojp.gov/funding/Explore/SubawardAuttiori7ation.litm(Award condition: All subawards("subgrants")must have
specific federal autlorization),and arc incorporated by reference here.
12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$250,000
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,$250,000). 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 httl)s://ojp.govifunding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$250,000)),and are incorporated by reference here.
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13. Unreasonable restrictions on competition under the award;association with federal government
SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in
part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of
the purchase or acquisition,the method of procurement,or the nature of any legal instrument used.The provisions of
this condition must be among those included in any subaward(at any tier).
1.No discrimination,in procurement transactions,against associates ofthe federal government
Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F.R.200.300(requiring
awards to be"manage[d]and administer[ed]in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S.statutory and public policy requirements")and
200.319(a)(generally requiring"[a]II procurement transactions[to]be conducted in a manner providing full and open
competition"and forbidding practices"restrictive of competition,"such as"[p][acing unreasonable requirements on
firms in order for them to qualify to do business"and taking"[a]ny arbitrary action in the procurement process")--no
recipient(or subrecipient,at any tier)may(in any procurement transaction)discriminate against any person or entity on
the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or
entity's status as a parent,affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R.
200.319(a)or as specifically authorized by USDOJ.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition.
4.Rules of construction
A.The term"associate of the federal government"means any person or entity engaged or employed(in the past or at
present)by or on behalf of the federal government--as an employee,contractor or subcontractor(at any tier),grant
recipient or-subrccipicnt(at any tier),agent,or otherwise--in undertaking any work,project,or activity for or on
behalf of(or in providing goods or services to or on behalf of)the federal government,and includes any applicant for
such employment or engagement,and any person or entity committed by legal instrument to undertake any such work,
project,or activity(or to provide such goods or services)in future.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law.
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14. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp_gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are incorporated by reference here.
15. Determination of suitability to interact with participating minors
SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by
DOJ)(or in the application for any subaward,at any tier),the DOJ funding announcement(solicitation),or an
associated federal statute--that a purpose of some or all of the activities to be carried out under the award(whether by
the recipient,or a subrecipient at any tier)is to benefit a set of individuals under 18 years of age.
The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/interact-Minors.htm
(Award condition: Determination of suitability required,in advance,for certain individuals who may interact with
participating minors),and are incorporated by reference here.
16. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner(including within the timefranres)specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws.
18. OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OJP award fiords must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantces-Subgrantees.htm.
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19. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards.
20. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
21. 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.
22. 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."
23. 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(as may be applicable from time to time),specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently,among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion,a religions belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious
practice. Part 38,currently,also sets out rules and requirements that pertain to recipient and subrecipicnt
("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 28 C.F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at
https://www.cefr.gov/cgi-bin/ECFR'?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part
38,under e-CFR'current'data.
e
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SPECIAL CONDITIONS
24. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by ON 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 a-Nvarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the
express prior written approval of OJP.
25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2020)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 that may be set out in applicable appropriations acts are indicated
at https://ojp.gov/funding/ExploreiFY20AppropriationsRestrictions.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.
26. Reporting potential fraud,waste,and abuse,and similar misconduct
The recipient,and any subrecipients("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector
General(OiG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other
person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(I)online submission accessible via the OIG webpage at https://oig.justice.gov/hotlineicontact-grants.htm
(select"Submit Report Online");(2)mail directed to:U.S.Department of Justice,Office of the Inspector General,
Investigations Division,ATTN:Grantee Reporting,950 Pennsylvania.Ave.,NW,Washington,DC 20530;and/or(3)by
facsimile directed to the DOJ OIG investigations Division(Attn:Grantee Reporting)at(202)616-9881 (tax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 12 of sz
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
27. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b. certifies that,if it[cams 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 fur-ther obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry;or otherwise has an adequate factual basis,to support this representation;and
b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 13 of 32
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
28. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees)
The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41
U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance.
29. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
30. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk
includes anv 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.
r�
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 14 of 32
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
31. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal
law enforcement:information-communication restrictions;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 subrecipicnt at any tier that is a State,a local government,or a public institution of higher education)that is
funded wholly or partly with award funds is subject to any"information-communication restriction."
B.Also,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,
described in par. LA of this condition)that would be reimbursed wholly or partly 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)described in par. LA of this condition,is in compliance with the award condition entitled
"Noninterference(within the funded'program or activity')with federal law enforcement:information-comrunication
restrictions;ongoing compliance."
D.The recipient must promptly notify OJP(in writing)ifthe 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)described in par. LA of this condition,may be subject to any information-
communication restriction.Also,any subaward(at any tier)to a subrecipient described in paragraph LA of this
condition 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 described in par. 1.A of this condition must provide that the subrecipient
may not obligate award funds if,at the time of the obligation,the program or activity of the subrecipient(or of any
further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any information-
communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrccipicnt'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 subrecipicnt compliance with the requirements set out in the"Noninterference...information-
conmmnication restrictions;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...information-communication restrictions;ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...information-
connnunication restrictions;ongoing compliance"condition are incorporated by reference as though set forth here in
full.
l
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 15 of 32
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
32. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement:
information-communication restrictions;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,described in paragraph 1.A of this condition)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)described in paragraph LA of this condition,is in compliance with the award condition entitled"No
use of fiords to interfere with federal law enforcement:information-communication restrictions;ongoing compliance."
D.The recipient must promptly notify OJP(in writing)ifthe 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)described in paragraph LA of this condition,may be subject to any
information-communication restriction.In addition,any subaward(at any tier)to a subrecipient described in paragraph
LA of this condition 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 described in paragraph LA of this condition must provide that the
subrecipient may not obligate award funds if,at the time of the obligation,the program or activity of the subrecipient
(or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any
information-communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrccipicnt's minor and
transitory non-compliance,which was unknowm 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"No use of funds to interfere...
information-communication restrictions;ongoing compliance"award condition.
4.Rules of Construction
A.For purposes of this condition"information-communication restriction"has the meaning set out in the"No use of
funds to interfere...information-communication restrictions;ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"No use of funds to interfere...
information-communication restrictions;ongoing compliance"condition are incorporated by reference as though set
forth here in full.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 16 of sz
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
33. Noninterference(within the funded"program or activity")with federal law enforcement:information-communication
restrictions;ongoing compliance
1.With respect to the"program or activity"funded in whole or part under this award(including any such program or
activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,-
agency,or-official may prohibit or in any way restrict--(1)any government entity or-official fiom sending or
receiving information regarding citizenship or immigration status to/from DHS;or(2)a government entity or-agency
from sending,requesting or receiving,or exchanging information regarding immigration status to/from/with DHS,or
from maintaining such information.Any prohibition(or restriction)that violates this condition is an"information-
connnunication restriction"under this award.
2.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
4.Rules of Construction
A.For purposes of this condition:
(1)"State"and"local government"include any agency or other entity thereof(including any public institution ofhigher
education),but not any Indian tribe.
(2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644;and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101,except that"State"also includes American Samoa.
(5)"DHS"means the U.S.Department of Homeland Security.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 17 of 32
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
34. No use of funds to interfere with federal law enforcement:information-communication restrictions;ongoing
compliance
1.Throughout the period of performance,no State or local government entity,-agency,or-official may use funds
under this award(including under any subaward,at any tier)to prohibit or in any way restrict--(1)any government
entity or-official from sending or receiving information regarding citizenship or immigration status to/from DHS;or
(2)a government entity or-agency from sending,regttcsting or receiving,or exchanging information regarding
immigration status to DHS,or from maintaining such information.Any prohibition(or restriction)that
violates this condition is an"information-communication restriction"under this award.
2.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
4.Rules of Construction
A.For purposes of this condition:
(1)"State"and"local government"include any agency or other entity thereof(including any public institution ofhigher
education),but not any Indian tribe.
(2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"immigration status"means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644;and terms that are defined in 8
U.S.C.. 1101 mean what they mcan under that section 1101,except that"State"also includes American Samoa.
(5)"DHS"means the U.S.Department of Homeland Security.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
r�
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 18 of 32
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
35. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of
certain law-enforcement-sensitive information
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward(at any tier).
1.Noninterference:No public disclosure of federal law-enforcement information in order to conceal,harbor,or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8
U.S.C. 1324 and 18 U.S.C.chs. 1,49,227),no public disclosure may be made of any federal law-enforcement
information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18
U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch. 12--
without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C.
1074 or 1072 or of 8 U.S.C. 1324(a).
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition--
(1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1104(a)(3));
(2)the term"federal law-enforcement information"means law-enforcement-sensitive information communicated or
made available,by the federal government,to a State or local government entity,-agency,or-official,through any
means,including,without limitation--(1)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law 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 funded
"program or activity")with federal law enforcement:information-communication restrictions;ongoing compliance"
award condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 19 of 32
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
36. No use of funds to interfere with federal law enforcement:No public disclosure of certain law-enforcement-sensitive
information
SCOPE.This condition applies 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.No use of funds to interfere:No public disclosure of federal law-cnforccment 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 funds under this award may be used to make any public disclosure of
any federal law-enforcement information in a direct or indirect attempt to conceal,harbor,or shield from detection any
fugitive from justice under 18 U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in
violation of 8 U.S.C.ch. 12--without regard to whether such disclosure would constitute(or could form a predicate
for)a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award fiords may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition--
(1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3));
(2)the term"federal law-cnforccment information"means law-cnforccment-sensitive information communicated or
made available,by the federal government,to a State or local government entity,-agency,or-official,through any
means,including,without limitation--(1)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law 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"No use of funds to interfere with federal
lave enforcement:information-communication restrictions;ongoing compliance"award condition are incorporated by
reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE zo of sz
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
37. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward at any tier.
1.Noninterference with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government,a 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 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 ftmded 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 trom 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 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.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.
B.Applicability
(1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least
48 hours,if possible)."(See DHS Form I-247A(3/17)).If(e.g.,in light of the date DHS made such request)the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for
detention.
C.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
"program or activity")with federal law enforcement:interrogation of certain aliens"award condition arc incorporated
by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 21 of 32
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
38. No use of funds to interfere with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies as of the date the recipient accepts the award,and throughout the remainder of the
period of performance.Its provisions must be among those included in any subaward at any tier.
1.No use of funds to interfere with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement';also,the
federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S.C. 1366(requiring an annual 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")--no State or local government entity,-agency,or-
official(including a government-contracted correctional facility)may use funds under this award to 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 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.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.
B.Applicability
(1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least
48 hours,if possible)."(See DHS Form I-247A(3/17)).If(e.g.,in light of the date DHS made such request)the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for
detention.
C.Both the"Rules of Construction"and the"Important Note"set out in the"No use of finds to interfere with federal
law enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here
in full.
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39. 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"funded(wholly or partly)by this award,as of
the date the recipient accepts the award,and throughout the rest of the award period of performance.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 USC 1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain"in the U.S.,and 8 CFR 287.5(a),under which that power may be exercised"anywhere
in or outside"the U.S.--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 of"interrogat[ing]any alien or person believed to be an alien as to
his[or her]tight 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 fiords 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 sec. 101 of the immigration and Nationality Act(INA)(8 USC
1101(a)(3)),except that,with respect to a juvenile offender,it means"Criminal alien."
(2)The term"juvenile offender"means what it means under 28 CFR 31.304(f)(as in effect on Jan. 1,2020).
(3)The term"criminal alien"means,with respect to a juvenile offender,an alien who is deportable on the basis of-
(a)conviction described in 8 USC 1227(a)(2),or
(b)conduct described in 8 USC 1227(a)(4).
(4)The term"conviction"means what it means under 8 USC 1101(a)(48).(Adjudication of a juvenile as having
committed an offense does not constitute"conviction"for purposes of this condition.)
(5)The term"correctional facility"means what it means under 34 USC 10251(a)(7))as of January 1,2020.
(6)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 ofpreventing or of significantly delaying or complicating.
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(7)"State"and"local government"include any agency or other entity thereof(including any public institution of higher
education),but not any Indian tribe.
(8)A"public'institution of higher education is one that is owned,controlled,or directly funded(in whole or in
substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(9)"Program or activity"means what it means under 42 USC 2000d-4a.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,anv
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
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40. No use of funds to interfere with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder of the
period of performance for the award.Its provisions must be among those included in any subaward(at any tier).
1.No use of funds to interfere with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 USC 1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 CFR 2875(a),under which that power may be exercised
"anywhere in or outside the United States"--no State or local government entity,-agency,or-official may use funds
under this award to 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 of"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 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(INA)(8 USC
1101(a)(3)),except that,with respect to a juvenile offender,it means"criminal alien."
(2)The term"juvenile offender"means what it means under 28 CFR 31.304(f)(as in effect on Jan. 1,2020).
(3)The term"criminal alien"means,with respect to a juvenile offender,an alien who is deportable on the basis of
(a)conviction described in 8 USC 1227(a)(2),or
(b)conduct described in 8 USC 1227(a)(4).
(4)The term"conviction"means what it means under 8 USC 1101(a)(48).(Adjudication of a juvenile as having
committed an offense does not constitute"conviction"for purposes of this condition.)
(5)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(34 USC 10251(a)(7)).
(6)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
If
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(b)has the effect of preventing or of significantly delaying or complicating.
(7)"State"and"local government"include any agency or other entity thereof(including any public institution of higher
education),but not any Indian tribe.
(8)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(9)"Program or activity"means what it means under 42 USC 2000d-4a.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
41. Requirement to collect certain information from subrecipients
Except as provided in this condition,the recipient may not make a subaward to a State,a local government,or a
"public"institution of higher education,unless it first obtains from the proposed subrecipient responses to the questions
identified in the program solicitation as"Information regarding Communication with the Department of Homeland
Security(DHS)and/or Immigration and Customs Enforcement(ICE)."All subrecipient responses must be collected and
maintained by the recipient,consistent with 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.
42. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OTG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
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43. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards(%ubgrants")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 hops://ojp.gov/funding/Explore/FFATA.litni(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
44. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award
conditions,and the DOJ Grants Financial Guide.and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award finds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
45. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
46. Justice Information Sharing
Information sharing projects funded under this award must comply with DOYs Global Justice Information Sharing
Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards
Package(GSP)and all constituent elements.where applicable,as described at:hops://it.oip.gov/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 recommended.
47. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
48. Compliance with 28 C.F.R.Part 23
With respect to any information technology system funded or supported by funds under this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
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49. Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
50. Confidentiality of data
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R.Part 22 that arc applicable to collection,use,and revelation of data or information.The recipient further
agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R.Part 22 and,in particular,28 C.F.R.22.23.
51. 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.
52. 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(internet-based)task force training.Additionally,all future task force members must
complete this training once during the period of performance for this award,or once every four years if multiple OJP
awards include this requirement.
The required training is available tree of charge online through the BJA-funded Center for Task Force Integrity and
Leadership(www.cttli.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 trust 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).
53. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
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54. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C.922 and 34
U.S.C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific
project or program(such as a law enforcement,prosecution,or court program)that results in any court dispositions,
information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant
Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or
State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court
dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICS
are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and
accessed by)the NICS,and--when appropriate--promptly must update,correct,modify,or remove such NICS-
relevant"eligible records".
In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition(including subrecipient compliance). DOJ will give great weight to any
such evidence in any express mitten determination regarding this condition.
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55. Compliance with National Environmental Policy Act and related statutes
Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National
Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient.
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by
the award,the recipient agrees to contact RJA.
The recipient understands that this condition applies to new activities as set out below,whether or not they are being
specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a
subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)pmfchased 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 methamphetarnme laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.gov Funding/nepa.html,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
56. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.Recipients(and subrecipients)must maintain advance payments of federal
awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(b)(8)).The trust fund,
including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
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57. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program.
58. Certification of body an-nor"mandatory wear"policies
If recipient uses funds under this award to purchase body armor,the recipient must submit a signed certification that
law enforcement agencies receiving body armor purchased with funds from this award have a written"mandatory
wear"policy in effect.The recipient must keep signed certifications on file for any subrecipients planning to utilize
funds from this award for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for
at least all uniformed officers before any funds from this award may be used by an agency for body armor.There arc no
requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers
while on duty.
59. 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(littps://nij.gov/topics/technology/body-armor/Pages/conipliant-ballistic-armor.aspx).In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted,as set forth in 34 U.S.C. 10202(c)(1)(A).The latest NIJ standard information can be found here:https://nij.gov/
topics/technology/body-armor/pages/safety-initiative.aspx.
60. Body armor-impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership(BVP)program,a separate program operated by BJA,pursuant to the
BVP statute at 34 USC 10531(c)(5).
61. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https:/grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)website(https://bjapint.ojp.gov/).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.
62. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-
escalation of conflict,and constructive engagement with the public.
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63. Expenditures prohibited without waiver
No funds under 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
expenditures essential to the maintenance of public safety and good order.
64. JAG FY 2020-Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after
October 1,2019[BJA]
Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2019
The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award(October 1,2019),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 funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice,the recipient is authorized to obligate(tederal)award funds to reimburse
itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award.
65. 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.
66. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https://wNvw.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/Success StoryList.aspx.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
\1 Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE of sz
Grant
PROJECT NUMBER 2020-DJ-BX-0259 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
67. Withholding of funds: Memorandum of Understanding
The recipient may not obligate,expend,or draw down any award funds until OR has reviewed and approved the
Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
68. Withholding of funds: Disclosure of lobbying
The recipient may not obligate,expend,or draw down any funds under this award until it has provided to the grant
manager for this OR award a complete Disclosure of Lobbying Activities(SF-LLL)form,and OR has issued a Grant
Adjustment Notice to remove this special condition.
OJP FORM 4000/2(REV.4-88)
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:Jesus J.Chapa(Oct 12,2020 09:03 PDT)
Jesus J. Chapa
Assistant City Manager
Date: Oct 12,2020
APPROVAL RECOMMENDED:
Eclw/'�10-qw
By: Edwin Kraus(Oct 12,2020 10:03 CDT)
Edwin Kraus
Chief$f ?1iT020
Date:
APPROVED AS TO FORM
AND LTALITY:
By:
Taylor Paris
Assistant City Attorney
Contract Authorization:
M&C: 20-0453
Date Approved: 6/23/2020
ATTEST: FoF°Rr�°d�
or Ronald P.Gonzales(Od 2,20201136 CDTJ 00o° K-10
o=�
°Mary J. Kayser a� °°T000000tea
City Secretary ��ExP400 p
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.
Angela Miller OFFICIAL RECORD
Angela Miller CITY SECRETARY
Grants Specialist
FT. WORTH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texan
CITY COUNCIL AGENDA F RT 4145�_
DATE: 6/23/2020 REFERENCE NO.: **M&C 20-0453 LOG NAME: 35JAG
FY2020
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Application for, and Acceptance of, if Awarded, the Edward Byrne Memorial
Justice Assistance Grant Fiscal Year 2020 Program from the United States Department
of Justice, Office of Justice Programs and Bureau of Justice Assistance in an amount not
to exceed $500,000.00, Authorize Execution of a Grant Agreement with the United States
Department of Justice and Related Memoranda of Understanding with Sub-Grantees
Identified by the Department of Justice, and Adopt Appropriation Ordinance (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for, and the acceptance of, if awarded, the Edward Byrne Memorial
Justice Assistance Grant Program for Fiscal Year 2020 from the United States Department of Justice,
Office of Justice Programs and Bureau of Justice Assistance in an amount not to exceed
$500,000.00;
2. Authorize the execution of a Grant Agreement with the United States Department of Justice, Office
of Justice Programs and Bureau of Justice Assistance;
3. Authorize the execution of related memoranda of understanding with Sub-Grantees Identified by
the Department of Justice; and
4. Adopt the attached Appropriation Ordinance increasing receipts and appropriatins in the Grants
Operating Federal Fund in an amount not to exceed $500,000.00.
DISCUSSION:
The Fort Worth Police Department(FWPD)will apply for program funding in an amount not to exceed
$500,000.00 in eligible grant expenses including but not limited to training, supplies, equipment or
contractual services.
The goal of the United States Department of Justice Edward Byrne Memorial Justice Assistance
Grant(JAG) Fiscal Year 2020 Program, which has been established by the United States Department
of Justice, is 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 will apply for the grant in
conjunction with the Department of Justice identified sub-awardees determined on a formula basis
through crime data.
Matching funds are not required under this grant. The funding type is reimbursable.
Indirect costs are an allowable budget category in this grant. No indirect cost revenues are expected
to result from this Program.
The grant will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, and adoption of
the attached Appropriation Ordinance, funds will be available in the current budget, as appropriated,
of the Grants Operating Federal Fund. This is a reimbursement grant. The Police Department is
responsible for the collection and deposit of funds due to the City. Prior to an expenditure being
incurred, the Police Department has the responsibility to validate the availability of funds.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28022&councildate=6/23/2020 10/14/2020
M&C Review Page 2 of 2
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Ed Kraus (4231)
Additional Information Contact: Angela Miller(4441)
ATTACHMENTS
35JAG FY2020 AO 21001.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28022&councildate=6/23/2020 10/14/2020