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Home My WebLink AboutR-2017-101 2017 Law Enforcement Grant Application; Edward Byrne Memorial JAG ProgramA RESOLUTION RESOLUTION NO. R-2017-101 ratifying an application for a grant in the total amount of $58,462 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program WHEREAS, the U S. Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, has grant funds available to local governments to support efforts to reduce crime and improve public safety; and WHEREAS, the Yakima Police Department has been notified that $58,462 in grant funds have been allocated to the City of Yakima and Yakima County and are available upon submission of a completed grant application and satisfaction of certain conditions, and WHEREAS, one of the grant approval conditions is that the City and County execute an Interlocal Agreement whereby the City shall transfer $10,333 of the grant monies to the County to support law enforcement activities of the Yakima County Sheriff's Department; and WHEREAS, the City Council of the City of Yakima considered this matter at an open public meeting in which citizens were provided an opportunity to comment and deems it to be in the best interest of the City to authorize submission of an application to the Justice Assistance Grant Program for said available funds and execution of all necessary documents and contracts to complete said grant transaction, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager or his designee is hereby authorized to submit a completed grant application to the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, to obtain a grant to fund local efforts to reduce crime and improve public safety. 2. The City Manager or his designee is further authorized and directed to accept the grant on behalf of the City of Yakima, and to take all steps and execute all documents and contracts necessary to complete this grant transaction, including but not limited to execution of the attached Interlocal Agreement with Yakima County whereby Yakima County shall receive a portion of the grant proceeds for local law enforcement efforts ADOPTED BY THE CITY COUNCIL August 22, 2017. ATTEST _ ti�A `�� - ' athy Caffey, 4,7-\'`'' x,,,. i' y 4 L t. v AlSN\N`r w Sonya Cldar) Tee, City Clerk GMS APPLICATION NUMBER 2017H2479 -WA -DJ MOU Number THE STATE OF WASHINGTON KNOW ALL BY THESE PRESENTCOUNTY OF YAKIMA INTERLOCAL AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY 2017 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into thisq Day of 't, 2017, by and between CITY of YAKIMA, acting by and through its governing body, the City ouncil, hereinafter referred to as the CITY, and YAKIMA COUNTY acting by and through its governing body, the Board of Commissioners, hereinafter referred to as the COUNTY, both of Yakima County, State of Washington, witnesseth: WHEREAS, this Agreement Is made under the authonty of the Interlocal Cooperation Act, as amended, and codified in chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreements is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the U.S. Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, has grant funds available to local governments to support efforts to reduce crime and improve public safety, and WHEREAS, the Yakima Police Department has been notified that $58,462 in grant funds have been allocated to the City of Yakima and Yakima County and are available upon submission of a completed grant application and satisfaction of certain conditions, and WHEREAS, one of the grant approval conditions is that the City and County execute an Interlocal Agreement whereby the City shall transfer $10,333 of the grant monies to the County to support law enforcement activities of the Yakima County Shenffs Department; NOW THEREFORE, the CITY and the COUNTY agree as follows: Section 1. Expressly conditioned upon award to the CITY of the above referenced grant funds in the amount of $58,462 the CITY agrees to pay the COUNTY a total of $10,333 of JAG funds. These funds will be used by the Yakima County Sheriff's Office to purchase patrol portable radios to include supporting accessories. Section 2. The COUNTY agrees to accept and use $10,333 to be used by the Yakima County Sheriff's Office to purchase patrol portable radios to include supporting accessories. 1 GMS APPLICATION NUMBER 2017H2479 -WA -DJ Section 3. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein, further, this agreement shall not create any rights in any party not a signatory hereto Section 6. A copy of this Agreement shall be filed with the Yakima County Auditor's Office. CITY OF YAKIMA Cliff Mob e, City Manager CITY CONTRACT NO: 20 7-13 Z RESOLUTION NO: —.air,/ -7- / D I Attest: BOARD OF COUNTY COMMISSIONERS J Rand Alliott, Chairman L. Ron Anderson, Commissioner Michael D. Leita, Commissioner Approved as to Form: bi Deputy Prosecuting Attorney • CONTRACT AUTHORIZATION Attest: Tiera Girard , Clerk of the Board BOCC205-2017 Date August 29, 2017 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 4. For Meeting of: August 22, 2017 ITEM TITLE: Resolution and public comment authorizing an Interlocal Agreement with Yakima County regarding the 2017 JAG Grant SUBMITTED BY: Captain Jeff Schneider, Yakima Police Department Lieutenant Shawn Boyle, Yakima Police Department SUMMARY EXPLANATION: The City of Yakima has been notified by the U. S. Department of Justice that it is eligible to apply for the 107 Justice Assistance Grant (JAG) in the amount of $58,462. The City of required to share $10,333 with Yakima County. The grant will fund Yakima Police Department anti-crime emphasis patrols and police equipment for Yakima County. The grant requires a public hearing and the approval of an interlocal agreement with Yakima County. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D resolution 8'1712017 D MCOU 8/172017 City Manager Type Co\er Memo Cover Memo olikexr oF2? U.S Department of Justice ads Office of Justice Programs o g -;• P� "ca•<•. Bureau of Justice Assistance ov kSrIC. 1 Grant PAGE 1 OF 2 v 1 RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Yakima 129 North 2nd Street Yakima, WA 98901-2613 4 AWARD NUMBER. 2017 -DJ -BX -0330 5 PROJECT PERIOD- FROM 10/01/2016 TO 09/30/2020 BUDGET PERIOD FROM 10/01/2016 TO 09/30/2020 6. AWARD DATE 06/26/2018 7 ACTION 2a. GRANTEE IRSNENDOR NO 916001315 8. SUPPLEMENT NUMBER 00 Initial 2b. GRANTEE DUNS NO 078212651 9 PREVIOUS AWARD AMOUNT $ 0 3 PROJECT TITLE 2017 Yakima Police JAG Grant 10. AMOUNT OF THIS AWARD $ 58,462 11 TOTAL AWARD $ 58,462 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS 01t LIMITATIONS AS ARE SET FORTH ON TIIE ATTACHED PAGE(S). 13 STATUTORY AUTHORITY FOR GRANT This project is supported under FY 17(BJA - JAG State and JAG Local) Title 1 of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 - 3797ff-5), including subpart 1 of part E (codified at 42 U.S.C. 3750 - 3758); see also 28 U.S.C. 530C(a). 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15 METHOD OF PAYMENT GPRS , , .' :...g AGENCY APPROVAL +''y>,, ' i \ . GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Alan R. Hanson Principal Deputy Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Cliff Moore City Manager 17 SIGNATURE OF APPROVING OFFICIAL .,, Cacie i fl 3/4104"1„...„, 19 SIGNATURE OF AUTHORIZED : CIPIENT OFFICIAL I 19A. DATE tett • i.P. r.`. - .,... a�. ,�.. ,. .. ... .. AGENCY USE ONLY ` : xr..., Y 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD DIV YEAR CODE ACT OFC. REG. SUI3. POMS AMOUNT X B DJ 80 00 00 58462 21 SDJUGT0852 OJP FORM 4000/2 (REV 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV 4-88) CITY CONTRACT NO: �D�/� 2 �Jw'V RESOLUTION NO: 2017-10/ U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 20 PROJECT NUMI3ER 2017 -DJ -13X-0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 1 Requirements of the award, remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of.lustice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 42 U.S C 3795a), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S C 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2017 award from OJP The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014 If this FY 2017 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2017 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at haps.//ojp.gov/funding/Part200UnifonnRequirements.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 3 Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance OJP FORM 4000/2 (REV 4-88) U.S Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 20 PROJECT NUMI3ER 2017 -DJ -6X-0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 4 Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January I, 2015, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https.//www ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 5 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniforni Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F R. 200 414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 6 Requirement to report potentially duplicative funding lithe recipient currently has other active awards of federal funds, or lithe recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. OJP FORM 4000/2 (REV 4-88) U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 20 PROJECT NUMBER 2017 -DJ -13X-0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 7 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at haps://www.sam.gov/ This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https.//ojp gov/finding/Explore/SAM.htm (Award condition. System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition. All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 9 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition. Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. OJP FORM 4000/2 (REV 4-88) U.S Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 5 OF 20 PROJECT NUMBER 2017 -D1 -13X-0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 10 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition. Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 11 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3 10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide") 12. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 13 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm. 14 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as detennined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 15 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- nsk" for purposes of the DOJ high-risk grantee list. OJP FORM 4000/2 (REV 4-88) U.S. Department ofJustice Office of Justice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 20 PROJECT NUM I3ER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C F R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 17 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C F.R., a DOJ regulation, was amended effective May 4, 2016 Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr gov/cgi- bin/EGFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. 19 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913 (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law ) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S C 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP OJP FORM 4000/2 (REV 4-88) U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2017 -0J -13X-0330 AWARD CONTINUATION SHEET Grant AWARD DATE 06/26/2018 PAGE 7 00 20 SPECIAL CONDITIONS 20 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2017) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2017, are set out at https://ojp.gov/funding/Explore/FYl 7AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP 21 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to• Office of the Inspector General, U.S. Department ofJustice, Investigations Division, 950 Pennsylvania Avenue, N W Room 4706, Washington, DC 20530; (2) e-mail to- oig.hotline a usdoj.gov; and/or (3) the DOJ OiG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://www.usdoj gov/oig. OJP FORM 4000/2 (REV 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 22. Restrictions and certifications regarding non -disclosure agreements and related natters 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 learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required intemal 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 OW FORM 4000/2 (REV 4-88) U.S Department of Justice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PAGE 9 OF 20 PROJECT NUMBER 2017 -DJ -13X-0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 23 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal, notice to employees) The recipient (ancl 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 authonty relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OV W, as appropriate) for guidance. 24 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 25 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to withholdings and/or other restrictions on the recipient's access to award funds, referral to the DOJ OIG for audit review; designation of the recipient as a DOJ 1-Iigh Risk grantee; or termination of an award(s). 26 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition. Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4000/2 (REV 4-88) U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2017 -DJ -BX -0330 AWARD CONTINUATION SHEET Grant AWARD DATE 06/26/2018 PAGE 10 OF 20 SPECIAL CONDITIONS 27 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425 28. Justice Inforniation Sharing In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, the recipient (and any subrecipient at any tier) must comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular award. The recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at. https://it.ojp.gov/gsp_grantcondition. The recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 29 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 30 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C F.R. Part 23 occur, the recipient may be fined as per 42 U.S C 3789g(c)-(d). The recipient may not satisfy such a fine with federal funds. 31 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 32. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of42 U.S.C. 3789g and 28 C.F R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F R. 22.23 OUP FORM 4000/2 (REV 4-88) U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 11 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPEC/AL CONDITIONS 33 Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 34 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other 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 free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www ctfli org). 35 Required attendance at BJA-sponsored events The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon 13JA's request. 36. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OJP FORM 4000/2 (REV 4-88) U.S Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PAGE 12 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 37 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being 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 I00 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://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 38. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipienl, with respect to a subaward) is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 4000/2 (REV 4-88) U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 13 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 39 Prohibition on use of award funds for match under BVP program JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for proposes of the DOJ Bulletproof Vest Partnership (BVP) program. 40 Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab - resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award niay be used by an agency for body armor There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty 41 Body armor - compliance with NIJ standards Ballistic -resistant and stab -resistant body armor purchased with JAG award funds inay be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij gov/). In addition, ballistic -resistant and stab -resistant body armor purchased must be American-made. The latest NIJ standard information can be found here• https://nij.gov/topics/technology/body- armor/pages/safety-initiative.aspx. 42. Required monitoring of subawards The recipient must monitor subawards under this JAG award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 43 Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 44 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. OW FORM 4000/2 (REV 4-88) U.S Department ofJustice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 14 OF 20 PROJECT NUMBER 2017 -DJ -BX -033( AWARD DATE 06/26/2018 SPEC/AL CONDITIONS 45 Prohibited Expenditures List Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to tine. The Prohibited Expenditure List may be accessed here: https://www bja.gov/funding/JAGControlledPurchaseList.pdf 46 Controlled expenditures - prior written approval required Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions are set out at https://www.bja.gov/funding/JAGControlledPurchaseList.pdf 47 Controlled expenditures - incident reporting If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, the agency must collect and retain (for at least 3 years) certain information about the use of-- (1) any federally -acquired Controlled Equipment in the agency's inventory, and (2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and the agency must make that information available to BJA upon request. Details about what information must be collected and retained are set out at https://ojp.gov/docs/LE- Equipment-WG-Final-Report.pdf 48. Sale of items on Controlled Expenditure List Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F R. 200.313, no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party, except as described below. a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds, and must abide by any applicable laws (including regulations) in such disposal. 49 Prohibited or controlled expenditures - Effect of failure to comply Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any further approvals of controlled expenditures under this or other federal awards. OJP FORM 4000/2 (REV 4-88) U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PAGE 15 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 50 Controlled expenditures - Standards Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency that acquires controlled equipment with award funds must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation, (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 51 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2016), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's nsk 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 (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 52. "Certification of Compliance with 8 U.S.0 1373" required for valid award acceptance by a unit of local government In order validly to accept this award, the applicant local government must submit the required "Certification of Compliance with 8 U.S.0 1373" (executed by the chief legal officer of the local government). Unless that executed certification either-- (1) is submitted to OJP together with the fully -executed award document, or (2) is uploaded in OJP's GMS no later than the clay the signed award document is submitted to OJP, any submission by a unit of local government that purports to accept the award is invalid. If an initial award -acceptance submission by the recipient is invalid, once the unit of local government does submit the necessary certification regarding 8 U.S.0 1373, it may submit a fully -executed award document executed by the unit of local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribes. OJP FORM 4000/2 (REV 4-88) U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 16 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 53 Ongoing compliance with 8 U.S.C. 1373 is required 1 With respect to the "program or activity" funded in whole or part under this award (including any such "program or activity" of any subrecipient at any tier), throughout the period of performance for the award, no State or local government entity, -agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S C. 1373(a), or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in 8 U.S C I 373(b). For purposes of this award, any prohibition (or restriction) that violates this condition is an "information -communication restriction." 2. Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the appropriate forrn available at https://ojp.gov/funding/Explore/SampleCertifications-8USC 1373.htm. Similarly, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the junsdiction or institution that would receive the further subaward, using the appropriate OJP forrn. 3 The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4 Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State or local government or a "public" institution of higher education, incurs to implement this condition. 5 Rules of Construction A. For purposes of this condition. (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is one that is owned, controlled, or directly funded by a State or local government. (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a). (4) "Immigration status" means what it means for purposes of 8 U.S.C. 1373 (Illegal Immigration Reform and immigrant Responsibility Act of 1996); and terns that are defined in 8 U.S.0 1 101 (Immigration and Nationality Act) mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 42 U.S.C. 901(a)(2)). (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.0 1551 note ("Abolition and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S C 1373 are to be read as references to particular components of the Department of Homeland Security (DI -IS). 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 OJP FORM 4000/2 (REV 4-88) U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 17 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS IMPORTANT NOTE. Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 54 Authority to obligate award funds contingent on compliance with 8 U.S C 1373, unallowable costs; obligation to notify 1 if the recipient is a State or local government -- A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. in addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the "program or activity" of the recipient (or of any subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education) that would be reimbursed in whole or in part with award funds was 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 all subrecipients (regardless of tier) are in compliance with 8 U.S C 1373 D The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded "program or activity" of the recipient, or of any subrecipient at any tier that is either a State or a local government or a "public" institution of higher education, may be subject to any "information -communication restriction." In addition, any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an "information -communication restriction." 2. Any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any "information -communication restriction." 3 Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing compliance with 8 U.S C. 1373 is required." 4 Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the award condition entitled "Ongoing compliance with 8 U.S.0 1373 is required." 13 Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV 4-88) U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 18 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 55 Required State -level rules or practices related to aliens; allowable costs The following provisions apply to the recipient of this award, if the recipient is a State government, and also apply to any State -government subrecipient at any tier (whether or not the recipient is a State government). 1 Requirements With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States. B A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that, when a State (or State -contracted) correctional facility receives from DI -IS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and -- as early as practicable (see para. 4 B of this condition) -- provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3 Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in para. 1.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B above. 4 Rules of construction A. For purposes of this condition -- (1) the term "alien" means what it means under section 101 of the immigration and Nationality Act (see 8 U.S C 1101(a)(3)). (2) the term "correctional facility" means what it means under the Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 (see 42 U.S.C. 3791(a)(7)) B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual would have been released in the absence of this condition. Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form 1-247A (3/17)). In the event that (e.g., in light of the date DI -IS made such request) the scheduled release date and time for an alien are such as not to permit the advance notice that DI -IS has requested, it shall not be a violation of this condition to provide only as much advance notice as practicable. OJP FORM 4000/2 (REV 4-88) U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 19 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS NOTE. Current DHS practice is to use one form (DI -IS Form I -247A (3/17)) for two distinct purposes -- to request advance notice of scheduled release, and to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition imposes NO requirements as to such DI -IS requests for detention. C. Both the "Rules of Construction" and the "important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. 56 Required local -government -level rules or practices related to aliens; allowable costs The following provisions apply to the recipient of this award, if the recipient is a unit of local government, and also apply to any local -government subrecipient of this award at any tier (whether or not the recipient itself is a unit of local government). 1 Requirements With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given access a local -government (or local -government -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States. B A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to ensure that, when a local -government (or local -government - contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and -- as early as practicable (see "Rules of Construction" incorporated by para. 4 B of this condition) -- provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3 Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (I) developing and putting into place statutes, ordinances, rules, regulations, policies, and practices to satisfy this condition, (2) permitting access as described in para. 1.A. above, and (3) honoring any request from DHS that is encompassed by para. I .B above. 4 Rules of construction A. The "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.0 1373 is required" are incorporated by reference as though set forth here in full. B The "Rules of Construction" set out in the award condition entitled "Required State -level rules or practices related to aliens; allowable costs" are incorporated by reference as though set forth here in full OJP FORM 4000/2 (REV 4-88) U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 20 OF 20 PROJECT NUMBER 2017 -DJ -BX -0330 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 57 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. 58. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https://www bja.gov/SuccessStoryList.aspx. 59 Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP ComplianceReporting@ojp.usdoj gov For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: I The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3 The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4 The reasons for the high-risk status, as set out by the federal awarding agency 60 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September I, 2017, various statutory provisions previously codified elsewhere in the U.S Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34 This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 61 Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. OJP FORM 4000/2 (REV 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washinglon, D C. 2053/ Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Yakima The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal Justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA m complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction, b Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places, c A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments, and e Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https.//www bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. ixToq U.S Department of.lustice lase t. s� Office of Justice Programs o ' . i O a'`�w '' c Bureau of.lustice Assistance °o°°:✓ - 't'STIC£'Q GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2017 -DJ -BX -0330 PAGE 1 OF I This project is supported under FY 17(E3JA - JAG State and JAG Local) Title i of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 - 3797ff-5), including subpart I of part E (codified at 42 U.S.C. 3750 - 3758); see also 28 U.S.C. 530C(a). 1 STAFF CONTACT (Name & telephone number) Jeffrey S. Felten -Green (202) 514-8874 2. PROJECT DIRECTOR (Name, address & telephone number) Jeff Schneider Captain 129 North 2nd Street Yakima, WA 98901-2613 (509) 575-6151 3a. TITLE OF THE PROGRAM I3JA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE.) 4. TITLE OF PROJECT 2017 Yakima Police JAG Grant 5 NAME & ADDRESS OF GRANTEE City of Yakima 129 North 2nd Street Yakima, WA 98901-2613 6. NAME & ADRESS OF SUBGRANTEE 7 PROGRAM PERIOD FROM. 10/01/2016 TO 09/30/2020 8. BUDGET PERIOD FROM: 10/01/2016 TO 09/30/2020 9 AMOUNT OF AWARD $ 58,462 10. DATE OF AWARD 06/26/2018 I I SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13 THIRD YEAR'S BUDGET PERIOD 14 THIRD YEAR'S BUDGET AMOUNT 15 SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: I) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs, 5) drag treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list (www.bja.gov/Jag). JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Any OJP FORM 4000/2 (REV 4-88) equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety NCANCF